Agenda packet — Thousand Oaks City Council, June 28, 2022 (part 1 of 5)

City Council
REGULAR MEETING
Tuesday, June 28, 2022, 6:00 PM
Andrew P. Fox City Council Chambers
Public advisory: Face masks are strongly recommended.

You may view the City Council meeting broadcast live on TV (Frontier Channel 3, Spectrum Channel 10), and YouTube (CTO Meetings).

If you would like to submit a written comment, please complete the online Comment Form. Please see Public Input section below for more information.

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If you would like to speak on an agenda item REMOTELY (NOT in person), please complete the online Speaker Form. Please see Public Input section below for more information.

In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the City Council meeting, please contact the City Clerk Department (805) 4492151 within 48 hours of the meeting.

Bob Engler, Mayor
Ed Jones, Mayor Pro Tem
Claudia Billde la Peña, Councilmember
Al Adam, Councilmember
Kevin McNamee, Councilmember
Executive Team
Andrew P. Powers, City Manager Tracy M. Noonan, City Attorney Ingrid Hardy, Assistant City Manager Gary Rogers, Deputy City Manager Kelvin Parker, Community Development Director Jaime Boscarino, Finance Dir./City Treasurer Cynthia M. Rodriguez, City Clerk Clifford G. Finley, Public Works Director Jonathan Serret, Cultural Affairs Director Tim Giles, Human Resources Director Jim Friedl, General Manager, CRPD Jennifer Patterson, Library Services Director Jeff Shea, Fire Chief Jeremy Paris, Police Chief
MISSION STATEMENT:

Extraordinary Service to the Citizens We Serve is Our Purpose The following is provided to assist with public participation:

AGENDA AVAILABILITY: The City Council Agenda is posted at the entry to the Civic Arts Plaza/City Hall2100EThosandOaksBoleardThosandOaks[mainpostinglocationprsanttotheBron y
MISSION STATEMENT:

Extraordinary Service to the Citizens We Serve is Our Purpose The following is provided to assist with public participation:

AGENDA AVAILABILITY: The City Council Agenda is posted at the entry to the Civic Arts Plaza/City Hall, 2100 E. Thousand Oaks Boulevard, Thousand Oaks [main posting location pursuant to the Brown Act, G.C. 54954.2(a)]. Agenda packet and “Live and Archived” meetings and minutes are available on the City’s website at www.toaks.org. Televised City Council Meetings are rebroadcast Thursday and Sunday (following meeting) at 10:00 a.m. and 6:00 p.m. on TV (Frontier Channel 3, Spectrum Channel 10).

PUBLIC INPUT: To provide your comments to the City Councilmembers please submit comments via the online Comment Form. Written comment cards will also be available for submission at the meeting. If you would like to speak REMOTELY (NOT in person) on an agenda item during the meeting, please complete the online Speaker Form (you will be asked to provide an email address and telephone number). If you would like to speak IN PERSON, speaker cards will be available at the meeting and MUST be submitted in person. Doors open at 5:30 p.m. All Ventura County Health requirements will be followed, which may include limited capacity, social distancing, and wearing face masks. Persons addressing the City Council are requested to state their name and community of residence for the record. If you need further assistance, please email the City Clerk Department at [email protected] or call (805) 4492151.

Please be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under the applicable law. Communications will NOT be edited for redactions and will be printed/posted as submitted.

SPANISH INTERPRETATION: If you need interpretation of your communications to the City Council from Spanish into English, please contact the City Clerk Department at (805) 4492151 or by email at [email protected]. Notification of at least 48 hours will usually enable the City to make arrangements.

INTERPRETACIÓN AL ESPAÑOL: Si necesita una interpretación del español al inglés para sus comunicaciones al Consejo de la Ciudad, comuníquese con el Departmento del Secretario Municipal al (805) 4492151 o por correo electrónico a [email protected]. Por favor, avísenos con al menos 48 horas de anticipación para que la ciudad pueda hacer los arreglos necesarios.

CONSENT CALENDAR: Matters listed on Consent Calendar that do not require significant reporting and/or discussion for decision or considered to be routine, will be approved by one motion as recommended. There will be no separate discussion unless Councilmember or staff member requests separate discussion prior to approval.

SUPPLEMENTAL INFORMATION: Any agenda related information received and distributed to the City Council after the Agenda Packet is produced is included in Supplemental Packets. Supplemental Packets are produced as needed, typically a minimum of two—one available on the Thursday preceding the City Council meeting and the second on Tuesday at the meeting. Both the Thursday and Tuesday Supplemental Packets are available for public review on the City’s website.

JUDICIAL REVIEW: Any legal action by an applicant seeking to obtain a judicial review of the City Council’s decision on a Hearing or issue listed on this Agenda may be subject to the 90day filing period, ofandgovernedbyCodeofCivilProcedureSection10946AlsorefertoTOMCSection1405 Supplemental Packets are available for public review on the City’s website.

JUDICIAL REVIEW: Any legal action by an applicant seeking to obtain a judicial review of the City Council’s decision on a Hearing or issue listed on this Agenda may be subject to the 90day filing period, of and governed by, Code of Civil Procedure Section 1094.6. Also refer to TOMC Section 14.05.

1. CALL TO ORDER: 6:00 p.m.

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL: Councilmembers Billde la Peña, Adam, McNamee, Jones, and Mayor Engler

4. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:

5. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS: None

6. PUBLIC COMMENTS: To be heard before 6:45 p.m. If additional speakers for public comments remain at 6:45 p.m., remainder of speakers may be called at the end of the meeting. (Resolution Nos. 2011066/067)

7. CONSENT CALENDAR:

A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:

Ratify June 15, 2022, and June 22, 2022; approve June 29, 2022, subject to review and ratification.

B. Minutes of City Council meeting of June 14, 2022
RECOMMENDATION:

Approve
C. CalRecycle Grant Acceptance
RECOMMENDATION:

1. Accept award of $177,791 from California Department of Resources, Recycling and Recovery for a Senate Bill (SB) 1383 Local Assistance Grant.

2. Approve budget appropriation and expense in the amount of $177,791 from A/C #63184204357011 (Solid Waste Intergovernment Revenue) to A/C #6318420 6853299 PROJECT:SB1383) for Senate Bill (SB) 1383 Local Assistance Grant from California Department of Resources, Recycling and Recovery (CalRecycle).

D. Annual Gann Appropriations Limit
RESOLUTION ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 20222023
RECOMMENDATION:

Adopt resolution approving the Annual Gann Appropriations Limit calculation, setting City of Thousand Oaks’ Gann Limit at $211,750,133 for FY 202223.

E. Countywide Stormwater Program Implementation Agreement RECOMMENDATION:

ApprovetheSecondAmendmenttotheexistingNationalPollutantDischarge Council’s decision on a Hearing or issue listed on this Agenda may be subject to the 90day filing period, of and governed by, Code of Civil Procedure Section 1094.6. Also refer to TOMC Section 14.05.

1. CALL TO ORDER: 6:00 p.m.

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL: Councilmembers Billde la Peña, Adam, McNamee, Jones, and Mayor Engler

4. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:

5. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS: None

7. CONSENT CALENDAR:

A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:

Ratify June 15, 2022, and June 22, 2022; approve June 29, 2022, subject to review and ratification.

B. Minutes of City Council meeting of June 14, 2022
RECOMMENDATION:

Approve
C. CalRecycle Grant Acceptance
RECOMMENDATION:

1. Accept award of $177,791 from California Department of Resources, Recycling and Recovery for a Senate Bill (SB) 1383 Local Assistance Grant.

D. Annual Gann Appropriations Limit
RESOLUTION ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 20222023
RECOMMENDATION:

Adopt resolution approving the Annual Gann Appropriations Limit calculation, setting City of Thousand Oaks’ Gann Limit at $211,750,133 for FY 202223.

E. Countywide Stormwater Program Implementation Agreement RECOMMENDATION:

Approve the Second Amendment to the existing National Pollutant Discharge Elimination System Implementation Agreement (Contract No. 94472010) for the Ventura Countywide Stormwater Quality Management Program, extending the term of the agreement by one year to September 11, 2023.

RECOMMENDATION:

F. Vehicle Fueling at Municipal Service Center Update
RECOMMENDATION:

1. Approve budget appropriation and expenditure in the amount of $610,000 to the FY 202223 General Fund Budget from A/C #00100003111000 (General Fund, Fund Balance) to A/C #00156406313510 (General Fund: Vehicle Expense/Fuel).

2. Approve addition of the Conejo Valley Unified School District and monthly invoicing in the City’s Cooperative Fleet Fuel Purchase Program.

G. FY 202223 Insurance Renewals
RECOMMENDATION:

1. Authorize City Manager or designee to purchase insurance policies for excess liability, deadly weapon response, special event, aircraft (drone), excess workers' compensation insurance, government crime, property, and earthquake, for the term of July 1, 2022 through June 30, 2023.

2. Authorize expenditure in an amount not to exceed $596,200 from A/C #7110520 6866312 (Internal Service Fund: Liability) as follows: $581,900 for payment of premiums for excess liability insurance, $6,300 for renewal of deadly weapon response insurance, $6,700 for special event insurance, and $1,300 for renewal of aircraft (drones) insurance.

3. Approve additional budget appropriation to Adopted FY 202223 General Fund Budget in the amount of $31,500 from A/C #00100003111000 (General Fund – Fund Balance) to A/C #00105206126312 (General Fund – Insurance General Liability Premium) for renewal of liability insurance.

4. Approve additional budget appropriation to Adopted FY 202223 Liability Fund Budget in the amount of $31,500 from A/C #71105204860000 (Internal Service Fund Liability Revenue) to A/C #71105206866312 (Internal Service Fund Liability) for renewal of liability insurance.

5. Authorize expenditure in an amount not to exceed $108,300 from A/C #7120520 6866321 (Internal Workers Compensation Fund) for renewal of excess workers’ compensation insurance.

6. Authorize expenditure in an amount not to exceed $4,500 from A/C #0010520 6126340 (Internal Service Fund: Liability) for renewal of government crime insurance.

7. Authorize expenditure in an amount not to exceed $1,409,100 from the General Fund, Library Fund, ECTA Fund, Landscape Fund, Water Fund, Wastewater Fund, Transportation Fund, and Solid Waste Fund as follows: $1,035,600 for property insurance, and $373,500 for Difference in Conditions (earthquake) insurance.

H. Fats, Oils, and Grease Facility Improvements Project (CI 5441) RECOMMENDATION:
,,(q)
H. Fats, Oils, and Grease Facility Improvements Project (CI 5441) RECOMMENDATION:

1. Authorize staff to advertise for construction bids for the Fats, Oils, and Grease Facility Improvements Project (CI 5441).

2. Authorize award for the purchase of Fats, Oils, and Grease screening equipment from Huber Technology, Inc. (Huber), Denver, Colorado, in an amount not to exceed $422,663.89 from A/C #62482506828400 (CI 5441, Capital Improvements).

I. Residential Wastewater Service Charges on Property Tax Roll RESOLUTION APPROVING THE REPORT OF RESIDENTIAL WASTEWATER SERVICE CHARGES FOR FISCAL YEAR 202223 AND DIRECTING THE FILING OF CHARGES FOR COLLECTION BY THE COUNTY TAX COLLECTOR
RECOMMENDATION:

Adopt resolution approving the report of residential wastewater service charges and authorizing the County of Ventura to collect residential wastewater service charges via direct assessment on the Ventura County secured tax roll for FY 202223. Twothirds vote required.

J. New Salary Schedule Adoptions
RESOLUTION ESTABLISHING NEW SALARY SCHEDULE FOR THOUSAND OAKS CITY EMPLOYEE ASSOCIATION (TOCEA), AND RESCINDING
RESOLUTION NO. 2021027
RESOLUTION ESTABLISHING NEW SALARY SCHEDULE FOR PROFESSIONAL EMPLOYEES (THOUSAND OAKS MANAGEMENT ASSOCIATION – TOMA), AND RESCINDING RESOLUTION NO. 2021029
RESOLUTION ESTABLISHING NEW SALARY SCHEDULE FOR SENIOR
MANAGEMENT, CONFIDENTIAL, AND SUPERVISORY EMPLOYEES (SENIOR MANAGEMENT ASSOCIATION – SMA) AND RESCINDING RESOLUTION NO. 2021031
RESOLUTION ESTABLISHING NEW SALARY SCHEDULE FOR HOURLY
EMPLOYEES AND RESCINDING RESOLUTION NO. 2021032
RECOMMENDATION:

1. Adopt resolution to establish a new salary schedule for General Employees [Thousand Oaks City Employees Association (TOCEA)] and rescind Resolution No. 2021027.

2. Adopt resolution to establish a new salary schedule for Professional Employees [Thousand Oaks Management Association (TOMA)] and rescind Resolution No. 2021029.

3. Adopt resolution to establish a new salary schedule for Senior Management, Confidential, and Supervisory Employees [Senior Management Association (SMA)] and rescind Resolution No. 2021031.

4. Adopt resolution to establish a new salary schedule for Hourly Employees and rescind Resolution No. 2021032.

K. ORDINANCE FOR SECOND READING
ORDINANCE ADOPTING SPECIFIC PLAN NO. 22 (325 AND 391 HAMPSHIRE ROAD), AND ITS ASSOCIATED GENERAL PLAN AMENDMENT; AND
pyypy
rescind Resolution No. 2021032.

K. ORDINANCE FOR SECOND READING
ORDINANCE ADOPTING SPECIFIC PLAN NO. 22 (325 AND 391 HAMPSHIRE ROAD), AND ITS ASSOCIATED GENERAL PLAN AMENDMENT; AND
AUTHORIZING THE LAND USES AND DEVELOPMENT STANDARDS IN SAID SPECIFIC PLAN (APPLICANT: IMT CAPITAL V HAMPSHIRE, LLC) (Introduced 6/14/2022; 50) ORD. NO. 1699NS
RECOMMENDATION:

Adopt
L. ORDINANCE FOR SECOND READING
ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (325 AND 391 HAMPSHIRE ROAD; APPLICANT: IMT CAPITAL V HAMPSHIRE, LLC) (Introduced 6/14/2022; 50) ORD. NO. 1700NS
RECOMMENDATION:

Adopt

8. PUBLIC HEARINGS:

A. Multifamily Residential Apartments and Parking Structure at 1 Baxter Way (APNs):
6800230695 and 6800230715
RESOLUTION APPROVING A GENERAL PLAN AMENDMENT, ZONE CHANGE; SPECIFIC PLAN; DEVELOPMENT AGREEMENT; RESIDENTIAL PLANNED DEVELOPMENT, DEVELOPMENT PERMIT; LAND DIVISION; PROTECTED TREE PERMIT; AND APPROVING A DEVELOPMENT AGREEMENT AND SPECIFIC PLAN NO. 23, AND CERTIFYING AND ADOPTING THE FINAL ENVIRONMENTAL IMPACT REPORT AND ASSOCIATED MITIGATION MONITORING AND
REPORTING PROGRAM FOR THE USE OF CERTAIN PROPERTY WITHIN SAID CITY AT 1 BAXTER WAY. APPLICATIONS: LU 201970563; Z 202170556; SP 70556; SP 202171106; DAGR 202270052; RPD 202170558; DP 202270098; LD 202170557; PTP 202170559; and FEIR 202171100 (ONE BAXTER WAY, L.P.)
ORDINANCE ADOPTING SPECIFIC PLAN NO. 23 (1 BAXTER WAY), AND ITS ASSOCIATED GENERAL PLAN AMENDMENT; AND AUTHORIZING THE LAND USES AND DEVELOPMENT STANDARDS IN SAID SPECIFIC PLAN
(APPLICANT: ONE BAXTER WAY, L.P.)
ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (1 BAXTER WAY; APPLICANT: ONE BAXTER WAY, L.P.)
RECOMMENDATION:

1. Adopt resolution certifying the Final Environmental Impact Report (FEIR) 2021 71100 and associated Mitigation Monitoring and Reporting Program prepared in accordance with the California Environmental Quality Act (CEQA) for the subject project, approve Development Agreement 202270052 to specify public and private benefits and responsibilities related to the project, and approve General Plan Land Use Amendment 201970563 to change the General Plan land use designation for the 8.8acre residential portion from Industrial to High Density Residential 1530 dwelling units per net acre; Zone Change 202170556 to change zoning designation of Industrial Park (M1) to Specific Plan 23 (SP 23); Specific Plan 202171106 to establish specific development standards for the project; Residential Planned Development202170558toconstruct264residentialunitsandassociated gg
the 8.8acre residential portion from Industrial to High Density Residential 1530 dwelling units per net acre; Zone Change 202170556 to change zoning designation of Industrial Park (M1) to Specific Plan 23 (SP 23); Specific Plan 202171106 to establish specific development standards for the project; Residential Planned Development 202170558 to construct 264 residential units and associated development; Development Permit 202270098 for the proposed fourstory parking structure; Land Division 202170557 to establish two legal lots of record; and Protected Tree Permit 202170559 to allow the removal of three coast live oak (Quercus agrifolia) trees, two valley oak (Quercus lobata) trees, and 26 California sycamore (Platanus racemosa) trees and encroachment into the protected zone of one California Black Walnut (Juglans californica), nine valley oak trees, 35 California sycamore trees, and 54 coast live oak trees.

2. Read ordinances in title only, further reading be waived, and, if no objection, introduce ordinance adopting SP 23 (1 Baxter Way), and its associated General Plan Amendment, and authorizing the land uses and development standards in said Specific Plan and introduce ordinance approving Development Agreement (DAGR) 202270052.

B. Municipal Code Amendment Regarding AdultUse Cannabis (MCA 202270430) ORDINANCE AMENDING THOUSAND OAKS MUNICIPAL CODE TITLE 5, CHAPTER 29, SECTIONS 529.01, 529.05, 529.08 (a), 529.11, 529.12(a), 5

29.14, 529.18(b), 529.24, 529.27(d), 529.31(c), 529.32(e), 529.34(a)(1), 529.34(a)(2), 529.34(a)(3), 529.34(a)(6), 529.36(h) and 529.37(c) REGARDING ALLOWING ADULTUSE RETAIL OF CANNABIS AND UPDATED LANGUAGE TO MEET CURRENT STANDARDS, AND AMENDING TITLE 9, CHAPTER 4, SECTIONS 94.202 AND 94.2105 TO INCLUDE CANNABIS RETAILER AS A PERMITTED USE IN THE M1 ZONE (MCA 202270430)
RECOMMENDATION:

Read ordinance in title only, further reading be waived, and if no objection introduce ordinance to do the following: amend Title 5, Chapter 29 of the Thousand Oaks Municipal Code to allow two local cannabis retail operators the option to sell adultuse cannabis in addition to the sale of medical cannabis as well as make appropriate edits to definitions and sections of the regulatory sections to be consistent with State law; and, to amend Title 9, Chapter 4, Article 2, Section 94.202 and Title 9, Chapter 4, Article 21, Section 94.2105 of the Thousand Oaks Municipal Code to modify definitions related to cannabis retailers and the zoning matrix to permit a cannabis retailer to sell both adultuse and medical cannabis in a permitted facility only within the M1 zone.

C. Annual Collection of Delinquent Wastewater Service Charges Property Tax Roll RESOLUTION PROVIDING FOR COLLECTION OF DELINQUENT WASTEWATER SERVICE CHARGES BY ATTACHMENT TO REAL PROPERTY TAX ROLL RECOMMENDATION:

1. Adopt resolution approving the Annual Collection of Delinquent Wastewater Service Charges by Attachment to Real Property Tax Roll. Twothirds vote required.

2. Approve the list of property owner names, addresses, parcel numbers, and the assessment amounts to be submitted to the Ventura County AuditorController.

9. STUDY SESSIONS: None

10. DEPARTMENT REPORTS: None
assessment amounts to be submitted to the Ventura County AuditorController.

9. STUDY SESSIONS: None

10. DEPARTMENT REPORTS: None

11. COMMITTEE/COMISSION/BOARD REPORTS: None

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

13. COUNCIL ISSUES/RECOMMENDATIONS: None

14. CITY MANAGER:

A. Announcements and upcoming issues

15. CLOSED SESSION:

A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION – Title: City Attorney; Pursuant to Government Code Section 54957(b)(1)
B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION – Title: City Manager; Pursuant to Government Code Section 54957(b)(1)
C. CONFERENCE WITH LABOR NEGOTIATORS – City designated representatives:

Mayor Bob Engler and Human Resources Director Tim Giles; unrepresented employee: City Attorney; Pursuant to Government Code Section 54957.6 D. CONFERENCE WITH LABOR NEGOTIATORS – City designated representatives:

Mayor Bob Engler and Human Resources Director Tim Giles; unrepresented employee: City Manager; Pursuant to Government Code Section 54957.6

16. PUBLIC NOTICES: None

17. ADJOURNMENT: Adjourn to Regular Meeting July 5, 2022 Agenda Post Date/Time: Jun 23, 2022, 5:00P.M.

CCD:61040\h:\common\agenda\2022\062822.docx

MINUTES OF THE CITY COUNCIL
Thousand Oaks, California June 14, 2022

1. CALL TO ORDER:

Mayor Bob Engler called the meeting to order at 6:01 p.m. in Council Chambers, 2100 Thousand Oaks Boulevard, Thousand Oaks, California.

2. PLEDGE OF ALLEGIANCE: Mayor Engler led the pledge of allegiance.

3. ROLL CALL:

Present: Councilmembers Bill-de la Peña, Adam, McNamee, Jones, and Mayor Engler present in chambers.

Also present in person and via video conference: City Manager Andrew P. Powers, City Attorney Tracy M. Noonan, Assistant City Manager Ingrid Hardy, City Clerk Cynthia M. Rodriguez, Finance Director Jaime Boscarino, Community Development Director Kelvin Parker, Public Works Director Cliff Finley, Cultural Affairs Director Jonathan Serret, Human Resources Director Tim Giles, Library Services Director Jennifer Patterson, Police Chief Jeremy Paris, Deputy Community Development Director John Dugan, Planning Division Manager Stephen Kearns, Senior Planner Carlos Contreras, Chief Assistant City Attorney Patrick Hehir, Deputy Public Works Director Nader Heydari, Senior Traffic Engineer Jim Mashiko, Transit Program Manager Mike Houser, Facilities Manager Liz Perez, Assistant to the City Manager Melissa Hurtado, Community Services Analyst Sarah Mailes, Senior Financial Analyst Ryan Roman, Assistant City Attorney Tracy Friedl, Deputy City Clerk Laura Maguire, Cable Operations Supervisor Carl Jarecky, Senior Video Specialist Richard Swingler, and Assistant Analyst Sandra Delgado.

4. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:

Mayor Engler announced Item 11.A. - FY 2022-23 Community Social Service Grant Recommendations will be moved up to be heard following the Consent Calendar.

5. SPECIAL PRESENTATIONS: Mayor Engler acknowledged June as LGBTQ+ Pride Month and recognized Juneteenth.

6. PUBLIC COMMENTS:

Speakers: Lauri Kamiel, Thousand Oaks; Carole Shelton, Thousand Oaks; Rodrigo Salazar, Thousand Oaks; German Castro, Thousand Oaks; Jill Martinez, Ventura; Jeanette Sanchez, city of residence unknown; Bob Maron, Thousand Oaks; Luis Avalos, Thousand Oaks. Additional information supplemental packet.

City Manager Powers and City Attorney Noonan addressed public comments.

A. Mayor Engler presented National Gun Safety Awareness Month proclamation to Ventura County Brady United Co-Chapter Chair Bette Empol and the June 11 March for Our Lives Lead Organizer Molly Salmon.

DRAFT
Item No.7B

MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 2 June 14, 2022

7. CONSENT CALENDAR:
(See Exhibit A for Consent Calendar Listing)
*11. COMMITTEE/COMMISSION/BOARD REPORTS:

8. PUBLIC HEARINGS:

A. FY 2022-23 Community Social Service Grant Recommendations presented by Community Funding Review Committee Chair Anne La Fianza. Community Services Analyst Mailes and Assistant to the City Manager Hurtado available for questions.

Speakers/Written Statements: None.

Motion by Councilmember Jones to approve Community Social Service Grants totaling $100,000; authorize the City Manager or designee to execute Community Social Service Grant agreements with grantees; authorize expenditure in the amount of $100,000 from A/C #001-1120-611-5920 (SS2023, Community Endowment Grant Account) for Community Social Service Grants, carried 5-0 by the following vote: Ayes – Bill-de la Peña, Adam, McNamee, Jones, and Engler; Noes – None.

A. Hearing, advertised as required by law, opened to consider: Mixed-Use Project at 325 and 391 Hampshire Road (Former Kmart Site); Applicant: IMT Capital V Hampshire, LLC presented by Senior Planner Contreras. Chief Assistant City Attorney Hehir, Deputy Public Works Director Heydari, and Planning Division Manager Kearns responded to questions. Community Development Director Parker and Deputy Community Development Director Dugan available for questions. Additional information supplemental packet including ex parte communications from three Councilmembers.

RESOLUTION 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)
RES. NO. 2022-028
DRAFT
Item No.7B

MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 3 June 14, 2022

8. PUBLIC HEARINGS: (Continued)
A. Mixed-Use Project at 325 and 391 Hampshire Road (Former Kmart Site); Applicant: IMT Capital V Hampshire, LLC (Continued)
ORDINANCE ADOPTING SPECIFIC PLAN NO. 22 (325 AND 391

HAMPSHIRE ROAD), AND ITS ASSOCIATED GENERAL PLAN
AMENDMENT; AND AUTHORIZING THE LAND USES AND DEVELOPMENT STANDARDS IN SAID SPECIFIC PLAN (APPLICANT: IMT CAPITAL V

HAMPSHIRE, LLC)
1 ST READING
ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (325 AND 391 HAMPSHIRE ROAD; APPLICANT: IMT CAPITAL V HAMPSHIRE, LLC) 1 ST READING
City Council recess at 8:19 p.m.; reconvened at 8:28 p.m.

Speakers: John Moreland, Applicant; Duane Border, Applicant Representative; Antonio Piralyan, Applicant Representative; Clint Fultz, Thousand Oaks; Kinsie Flame, Newbury Park; Jackson Piper, Newbury Park; Carole Shelton, Thousand Oaks; Adam Haverstock, Greater Conejo Chamber of Commerce; Kyle Rohrbach, Thousand Oaks; Shawn Moradian, Thousand Oaks; Danielle Borja, Greater Conejo Chamber of Commerce; Jill Haney, Thousand Oaks; Chris Catalano, Thousand Oaks; Pedro Toscano, Thousand Oaks; Kat Selm, Newbury Park; Edmond Sahakian, Newbury Park; Caleb Standafer, Thousand Oaks; Amalia Fuentes, city of residence unknown; Rose Ann Witt, Thousand Oaks; Manley McNinch, city of residence unknown; Halla Maher, Newbury Park; Rick Schroeder, Thousand Oaks; Shannae Anderson, Newbury Park; David Shechter, Newbury Park; Crystal Evans, Simi Valley; Danielle Griffith, Rincon Consultants, Inc. (submitted documents); Dave Rand, Applicant Representative; John Tesorio, Applicant Representative.

Written Statements: None.

Mayor Engler closed the public hearing.

DRAFT
Item No.7B

MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 4 June 14, 2022

8. PUBLIC HEARINGS: (Continued)
A. Mixed-Use Project at 325 and 391 Hampshire Road (Former Kmart Site); Applicant: IMT Capital V Hampshire, LLC (Continued)
Motion by Councilmember Adam to 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 mixeduse 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; and 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, carried 5-0 by the following vote: Ayes – Bill-de la Peña, Adam, McNamee, Jones, and Engler; Noes – None.

DRAFT
Item No.7B

MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 5 June 14, 2022

8. PUBLIC HEARINGS: (Continued)

9. STUDY SESSIONS: None.

10. DEPARTMENT REPORTS: None.

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

13. COUNCIL ISSUES/RECOMMENDATIONS: None.

14. CITY MANAGER:

B. Hearing, advertised as required by law, opened to consider: Landscape and Lighting Assessment District No. 79-2 Annual Levy presented by Senior Financial Analyst Roman. Deputy Public Works Director Heydari responded to questions.

RESOLUTION APPROVING THE ENGINEER’S REPORT FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 79-2, AND ANNUAL LEVY

OF ASSESSMENTS RELATED THERETO COMMENCING IN FISCAL YEAR 2022-23
RES. NO. 2022-029

RESOLUTION ORDERING THE LEVY AND COLLECTION OF

ASSESSMENTS FOR THOUSAND OAKS LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO. 79-2 FOR FISCAL YEAR 2022-23
RES. NO. 2022-030
Speakers/Written Statements: None.

Mayor Engler closed the public hearing.

Motion by Councilmember Jones to approve Final Engineer’s Report for Landscape and Lighting Assessment District No. 79-2 FY 2022-23 Assessments; and adopt resolutions approving Engineer’s Report and Ordering Annual Levy of Assessments for FY 2022-23, carried 5-0 by the following vote: Ayes – Bill-de la Peña, Adam, McNamee, Jones, and Engler; Noes – None.

A. City Manager Powers provided an update on June 28, 2022, City Council meeting and upcoming local events.

DRAFT
Item No.7B

MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 6 June 14, 2022

15. CLOSED SESSIONS REQUESTED:

City Attorney Noonan announced closed session held at 10:49 p.m.

City Attorney Noonan announced the decision to initiate litigation has been authorized by the City Council. The specifics regarding the lawsuit can be publicly provided upon request following service of process.

16. PUBLIC NOTICES: None.

17. ADJOURNMENT:

City Council adjourned at 10:55 p.m. to Regular Meeting on Tuesday, June 28, 2022.
________________________________
Bob Engler, Mayor
City of Thousand Oaks City Council
Attest:
_________________________________
Cynthia M. Rodriguez, City Clerk
City of Thousand Oaks City Council
AGENDA POSTED: June 9, 2022
MINUTES APPROVED: June 28, 2022
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.

CCD:610-60\dlz\h:\common\minutes\2022\20220614.docx
A. CONFERENCE WITH LEGAL COUNSEL – Anticipated Litigation: Initiation of litigation; Pursuant to Government Code Section 54956.9(d)(4). (1 Potential Case).

DRAFT
Item No.7B

MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 7 June 14, 2022

EXHIBIT A

7. CONSENT CALENDAR:

RECOMMENDATIONS FOR ITEMS A. THROUGH L. ARE TO APPROVE
RECOMMENDATIONS FOR ITEMS M. THROUGH O. ARE TO ADOPT
Additional information supplemental packet regarding Item 7.K.

Speakers: David Pedersen, Calabasas; Chuck Lech, Thousand Oaks; Kinsie Flame, Newbury Park.

Motion by Councilmember Adam to approve Consent Calendar with exception of Items 7.C. (Youth Commission Appointments); 7.E. (Civic Arts Plaza Sewer Lift Station Maintenance); 7.K. (Annual School Crossing Guard Program Review); and

7.O. [Stop Sign Installations at Six Intersections (MI 2033)], carried 5-0 by the following vote: Ayes – Bill-de la Peña, Adam, McNamee, Jones, and Engler; Noes – None. (Items approved following discussion.)
Motion by Councilmember McNamee to approve Item 7.C., carried 5-0 by the following vote: Ayes – Bill-de la Peña, Adam, McNamee, Jones, and Engler; Noes – None.

Facilities Manager Perez responded to questions regarding Item 7.E.

Motion by Councilmember Jones to approve Item 7.E., carried 5-0 by the following vote: Ayes – Bill-de la Peña, Adam, McNamee, Jones, and Engler; Noes – None.

Deputy Public Works Director Heydari, Transit Program Manager Houser, and Public Works Director Finley responded to questions regarding Item 7.K.

Motion by Councilmember Adam to direct staff to bring back information on policy adopted by City Council and financing related to Item 7.K. at the August 30, 2022, City Council meeting, carried 4-1 by the following vote: Ayes – Bill-de la Peña, Adam, McNamee, and Jones; Noes – Engler.

Senior Traffic Engineer Mashiko and Public Works Director Finley responded to questions regarding Item 7.O.

Motion by Councilmember McNamee to approve Item 7.O., carried 5-0 by the following vote: Ayes – Bill-de la Peña, Adam, McNamee, Jones, and Engler; Noes – None.

A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:

Ratify May 25, 2022, June 1, 2022, and June 8, 2022; approve June 15, 2022, and June 22, 2022, subject to review and ratification
DRAFT
Item No.7B

MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 8 June 14, 2022

7. CONSENT CALENDAR: (Continued)
B. Minutes of City Council meeting of May 24, 2022
RECOMMENDATION:

Approve.

C. Youth Commission Appointments
RECOMMENDATION:

1. Approve Youth Commission reappointment of Alexandra Melton to serve a one-year term ending July 2023.

2. Approve Youth Commission appointments of Rayna Doshi, Rheyah Gangadharan, Timothy Ha, Miguel Macaraig, Min Park, Mia Oscanoa, and Jane Staley to serve two-year terms ending July 2024.

3. Approve Youth Commission appointment of Zoha Konkader to fill the unscheduled vacancy and serve the remainder of the term ending July 2023.

D. Dudek Environmental Consulting Services
RECOMMENDATION:

1. Approve Second Amendment to Task Order No. 1 (On-Call Contract No. 12520-2020) with Dudek Consulting of Santa Barbara, CA, to complete environmental documents for the Thousand Oaks Lakes’ 165-unit apartment building project, in the amount of $14,165.02, increasing the total not-toexceed amount to $116,895.02.

2. Authorize expenditure in the amount of $14,165.02 from A/C #001-4210- 641-5947 (Contracted Services – Billable Projects).

E. Civic Arts Plaza Sewer Lift Station Maintenance
RECOMMENDATION:

1. Award contract for general services to Ventura Regional Sanitation District (VRSD), for sewer lift station maintenance and repair services at the Civic Arts Plaza (CAP) effective July 1, 2022, and ending June 30, 2027, unless extended in writing by mutual agreement. The not-to-exceed amount is $150,000 over the lifetime of the contract, which includes $94,500 for estimated base contract services and $55,500 for extra services.

2. Authorize expenditure in the total amount of $17,110 for FY 2022-23 from the following General Fund accounts: $6,844 from A/C #001-3570-612-5621, $9,410 from A/C #001-3577-677-5621, and $856 from A/C #001-3580-612- 5621.

DRAFT
Item No.7B

MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 9 June 14, 2022

7. CONSENT CALENDAR: (Continued)
F. FY 2022-23 Top Ten Priorities
RECOMMENDATION:

Approve City Council Top Ten Priorities for FY 2022-23.

G. Building and Planning Professional Services Agreement RECOMMENDATION:

1. Approve the fourth amendment to Agreement No. 12267-2019 for professional Building and Planning consulting services with CSG Consultants, Inc. (CSG), effective through June 30, 2023, to add $225,000 with a revised not-to-exceed amount of $725,000 over the lifetime of the agreement.

2. Approve budget appropriation and additional expenditure in the amount not-to-exceed $50,000 from A/C #001-0000-311-1000 (General Fund, Fund Balance) to A/C #001-6110-642-5010 (Community Development, Building, Temporary Help/ Temporary Agency Services) for FY 2021-22.

3. Authorize additional expenditure in an amount not-to-exceed $150,000 from A/C #001-6110-642-5010 (Community Development, Building, Temporary Help/ Temporary Agency Services) for FY 2022-23.

4. Approve budget appropriation for FY 2022-23 and authorize expenditure in the amount not-to-exceed $25,000 from A/C #001-0000-311-1000 (General Fund, Fund Balance) to A/C #001-4210-641-5010 (Community Development, Planning, Temporary Help/ Temporary Agency Services).

H. Lawrence Drive and Teller Road Intersection Improvements Project (CI 5297) RECOMMENDATION:

1. Approve Third Amendment to Professional Services Agreement Contract No. 12336-2020 with Kimley-Horn and Associates, Inc. (Los Angeles, CA), for additional design services for the Lawrence Drive and Teller Road Intersection Improvements project in the amount of $79,898, for a revised notto-exceed amount of $398,114.

2. Approve budget appropriation and expenditure in the amount of $79,900 from A/C #001-0000-311-1000 (General Fund, Fund Balance) to A/C #001- 5310-631- 8300 (CI 5297, Lawrence Drive and Teller Road Intersection Improvements Project).

DRAFT
Item No.7B

MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 10 June 14, 2022

7. CONSENT CALENDAR: (Continued)
I. Wastewater Interceptor Capital Improvement Project Unit Y2 (CI 5328) RECOMMENDATION:

1. Approve the project design, specifications, and Addenda Nos. 1 and 2 for construction of the Hill Canyon Treatment Plant Wastewater Interceptor Capital Improvement Project Unit Y2 (CI 5328).

2. Award construction contract for Wastewater Interceptor Capital Improvement Project Unit Y2 (CI 5328) to Blois Construction, Inc. (Oxnard, CA), in the amount of $3,482,401, plus a contingency of $348,240.

3. Approve Fourth Amendment to Professional Services Agreement No. 12023-2019 with HDR Engineering, Inc. (Claremont, CA) for Construction Phase Support Services on the Wastewater Interceptor Capital Improvement Project Unit Y2 (CI 5328) in the amount of $172,248 for a revised not-toexceed amount of $359,048, plus extra services of $17,225.

4. Approve Professional Services Agreement with Padre Associates, Inc. (Ventura, CA) for Environmental Permit Assistance and Monitoring Services on the Wastewater Interceptor Capital Improvement Project Unit Y2 (CI 5328) in the amount of $79,880, plus extra services of $7,980 and waive normal Request For Proposal process for this contract.

5. Authorize expenditure in the amount of $4,107,974 ($3,482,401 construction contract, $348,240 construction contract contingency, $172,248 for construction support services and testing, $17,225 for extra services, $79,880 for environmental permit assistance and $7,980 for extra services) from A/C #624-8250-682-8300 (Wastewater Interceptor Capital Improvement Project Unit Y2, CI 5328).

6. Delegate authority to the City Engineer to approve changes in the design, plans, specifications, and working details of the project on work directives and change orders up to the project approved contingency amount.

J. Water Resources Development Collaboration Memorandum of Understanding (CI 5395)
RECOMMENDATION:

1. Approve the Memorandum of Understanding for Water Resources Development Collaboration with Calleguas Municipal Water District, Camrosa Water District, and Las Virgenes-Triunfo Joint Powers Authority.

2. Delegate authority to Public Works Director to execute future amendments to the Memorandum of Understanding to include other agencies or parties.

DRAFT
Item No.7B

MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 11 June 14, 2022

7. CONSENT CALENDAR: (Continued)
K. Annual School Crossing Guard Program Review
RECOMMENDATION:

Discontinue crossing guard service beginning the 2022-23 school year at the following locations due to pedestrian and vehicle volumes not meeting City minimum standards for crossing guard placement:

1. Janss Road and Marlow Street – Aspen Elementary

2. Lynn Road and Knollwood Drive – Banyan Elementary

3. Windsor Drive and Spalding Street – Glenwood Elementary

4. Calle Damasco and Calle Almendro – Ladera Elementary

5. Camino Manzanas and Marian Avenue – Madroña Elementary L. Agreement for Landscape Maintenance Services with Venco Western, Inc.

RECOMMENDATION:

1. Approve Landscape Maintenance Services Agreement with Venco Western, Inc., Oxnard, CA, for a total not to exceed amount of $11,988,103.42, and a term of July 1, 2022 through June 30, 2027.

2. Approve expenditure for FY 2022-23 $2,323,320 ($2,023,320 base contract plus $300,000 for extra services).

3. Approve budget appropriation increase to the FY 2022-23 Operating Budget in the amount of $350,000 in various funds as follows:
a. $300,000 from A/C #142-0000-311-1000 (Landscape Fund, Fund Balance) to A/C #142-5630-632-5610 (Landscape Assessment Districts – Contracted Landscape Services)
b. $15,000 from A/C #001-0000-311-1000 (General Fund, Fund Balance) to A/C #001-3582-632-5610 (Thousand Oaks Transportation Center – Contracted Landscape Services)
c. $6,000 from A/C #001-0000-311-1000 (General Fund, Fund Balance) to A/C # 001-3590-612-5610 (403 Hillcrest – Contracted Landscape Services) d. $25,000 from A/C #611-0000-341-9900 (Water Fund, Net Position) to A/C #611-8050-682-5610 (Reservoirs – Contracted Landscape Services) e. $1,500 from A/C #611-0000-341-9900 (Water Fund, Net Position) to A/C #611-8040-682-5610 (Pump Stations – Contracted Landscape Services) f. $2,500 from A/C #621-0000-341-9900 (Wastewater Fund, Net Position) to A/C #621-8220-682-5610 (Lift Stations – Contracted Landscape Services) DRAFT
Item No.7B

MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 12 June 14, 2022

7. CONSENT CALENDAR: (Continued)
M. Updated Speed Hump Installation Policy

RESOLUTION ESTABLISHING ELIGIBILITY CRITERIA, RULES AND

REGULATIONS, AND PROCEDURES FOR PROCESSING SPEED

HUMP INSTALLATION REQUESTS
RES. NO. 2022-025
RECOMMENDATION:

Adopt resolution establishing updated “Speed Hump Installation Policy” recommended by the Traffic and Transportation Advisory Commission on April 20, 2022
N. Annual Transit Safety Plan Review

RESOLUTION ACKNOWLEDGING THE ANNUAL REVIEW AND UPDATE

OF THE CITY OF THOUSAND OAKS TRANSIT PUBLIC

TRANSPORTATION AGENCY SAFETY PLAN
RES. NO. 2022-026
RECOMMENDATION:

Adopt resolution acknowledging annual review and update of the City of Thousand Oaks Transit Public Transportation Agency Safety Plan.

O. Stop Sign Installations at Six Intersections (MI 2033)

RESOLUTION 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
RES. NO. 2022-027
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 DRAFT
Item No.7B
TO: Andrew P. Powers, City Manager
FROM: Clifford G. Finley, Public Works Director
DATE: June 28, 2022
SUBJECT: CalRecycle Grant Acceptance
RECOMMENDATION:

1. Accept award of $177,791 from California Department of Resources, Recycling and Recovery for a Senate Bill (SB) 1383 Local Assistance Grant.

2. Approve budget appropriation and expense in the amount of $177,791 from A/C #631-8420-435-7011 (Solid Waste Intergovernment Revenue) to A/C #631-8420-685-3299 PROJECT:SB1383) for Senate Bill (SB) 1383 Local Assistance Grant from California Department of Resources, Recycling and Recovery (CalRecycle).

FINANCIAL IMPACT:
$177,791 Increase to Adopted FY 2021-22 Solid Waste Fund Budget, Fully Offset by Grant Revenue. $177,791 grant was awarded to the City by California Department of Resources, Recycling and Recovery to assist with compliance with SB 1383. The $177,791 increase to the Adopted FY 2021-22 Solid Waste Fund Budget will be fully offset by the grant revenue received.

BACKGROUND:

In September 2016, California SB 1383 was signed into law. SB 1383 requires a 50 percent reduction in organic waste disposal by 2020 and 75 percent by 2025.

Final rulemaking was completed in November 2020 with regulations going into effect January 1, 2022. Under the new law, jurisdictions are required to provide organics services to all residents and businesses, establish an edible food recovery program, procure recyclable and recovered organic products, monitor compliance, and conduct enforcement.

In January 2022, CalRecycle announced the availability of a one-time Local Assistance Grant program to assist jurisdictions with implementation of SB 1383 organic waste regulations. Grant applications were due by February 1, 2022.

Funding must be used by May 2, 2024.

Item No.7C
CalRecycle Grant Acceptance
June 28, 2022

Page 2 ends

DISCUSSION/ANALYSIS:

On January 28, 2022, the City submitted a grant application for the SB 1383 Local Assistance Grant Program (FY 2021-22) to CalRecycle. On April 27, 2022, CalRecycle notified the City of an award of $177,791 and on June 3, 2022, the City received these funds.

The SB 1383 Local Assistance Grant will help the City to carry out the legislative requirements of SB 1383. This grant will be used for SB 1383 organics recycling and food recovery program activities, including personnel costs, education and outreach, and community support.

The recommended action meets City Council Priority #10 for FY 2021-22:

Successfully manage transition of new citywide waste hauler and ensure implementation and compliance with new contract terms and new state regulations.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

C. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California's most desirable places to live, work, visit, recreate, and raise a family.

F. Provide and enhance essential infrastructure to ensure that the goals and policies of the Thousand Oaks General Plan are carried out and the City retains its role and reputation as a leader in protecting the environment and preserving limited natural resources.

PREPARED BY: Sarah McGurk, Sustainability Analyst
DPW: 810-60\etm\H:\Council\2022\062822\SB 1383 Grant Budget Appropriation staff report.docx Item No.7C
TO: Andrew P. Powers, City Manager
FROM: Jaime Boscarino, Finance Director
DATE: June 28, 2022
SUBJECT: Annual Gann Appropriations Limit
RECOMMENDATION:

Adopt resolution approving the Annual Gann Appropriations Limit calculation, setting City of Thousand Oaks’ Gann Limit at $211,750,133 for FY 2022-23.

FINANCIAL IMPACT:

No Additional Funding Requested. Minimal staff time to complete the Gann Appropriations Limit calculation, which is included in the Adopted FY 2021-22 General Fund Budget.

BACKGROUND:

In California, the Gann Spending Limitation Initiative (Proposition 4) was approved by voters in November 1979. This Proposition set Appropriations Limits for state and local governments in California and established procedures for determining those limits annually. Each government entity is required to set its Appropriations Limit every fiscal year using 1978-79 as the base year; then adjusting each subsequent year by using a combination of increase in population, plus increase in Consumer Price Index (CPI) or per capita personal income, whichever is less.

Proposition 4 and its implementing legislation Chapter 1205/80 of the California Constitution were modified by Proposition 111 and SB 88 (Chapter 60/90). Beginning with the FY 1990-91 Appropriations Limit, the annual adjustment factors changed. Annually, the government entity can select the greater of growth in the California Per Capita Income, or growth in assessed valuation due to non-residential construction within the City. For the population factor, the entity can select the greater of population growth within the City or County.

In compliance with Proposition 111, revised annual adjustment factors were Item No.7D
Annual Gann Appropriations Limit
June 28, 2022

Page 2 ends

applied to the base FY 1986-87 limit and each year in between in order to calculate limits for FY 1998-99. In addition, the limit can be adjusted for assumed responsibility from one government entity to another. County charges for administration fees for property tax collection were added to the FY 1991-92 Appropriation Limit.

Beginning FY 1991-92, Proposition 111 allowed exclusion of qualified capital outlays and qualified debt service, when calculating appropriations subject to the Gann Limit. Staff revisited the appropriations limit to ensure the City’s calculations followed the rules in Proposition 111. Gann limitation calculations for all fiscal years since 1982-83 are included in Attachment #1.

DISCUSSION/ANALYSIS:

The City established its Appropriations Limit for FY 1978-79 and for each subsequent fiscal year, except FY 1979-80, when one was not required. Staff is recommending the Appropriations Limit be set for FY 2022-23, as follows:

The Gann Appropriations Limit applicable to the City, pursuant to Article XIII B of the California State Constitution, shall be $211,750,133 where actual appropriations subject to the limit equal $89,030,150. The Gann Appropriations Limit consists of the prior year’s limit, adjusted by a population factor and an inflationary factor. For the population factor, the City has the option of selecting the larger percentage change between either the City's or the County's percentage change in population, as provided by the State’s Department of Finance. For the inflationary factor, the City has the option of selecting the larger percentage change between either the change in per capita personal income provided by the State or the net change in the assessed valuation due to non-residential new construction provided by the City’s Property Tax consultant. For FY 2022-23, the City used the County’s population percentage change of -0.64 percent compared to the City’s -1.11 percent and the 8.09 percent for the net change in the assessed valuation provided, compared to the change in per capita personal income of 7.55 percent, for the calculation of the Gann Appropriations Limit.

Staff recommends adoption of the resolution (Attachment #2) to approve the City’s Annual Gann Appropriations Limit calculation.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goal:

Item No.7D
Annual Gann Appropriations Limit
June 28, 2022

Page 3 ends

PREPARED BY: Brent Sakaida, Budget Officer
Attachments:

Attachment #1 – Gann Limitation by Fiscal Year
Attachment #2 – Gann Resolution
FIN:380-70\BSS\H:\COMMON\Council\2022\Administration\062822 Gann Staff Rept.docx Item No.7D
ATTACHMENT #1
FIN:380-70:H:Common/Council/2022/06282022 Gann Attach 1.doc Appropriation
Fiscal Year Limitation Gann Limitation Subject to
1982-1983 $ 26,676,196 $ 15,731,080
1983-1984 $ 27,883,943 $ 17,886,230
1984-1985 $ 29,771,185 $ 21,045,860
1985-1986 $ 31,144,058 $ 21,324,340
1986-1987 $ 32,800,252 $ 21,613,926
1987-1988 $ 34,442,910 $ 19,975,391
1988-1989 $ 36,712,907 $ 29,159,701
1989-1990 $ 39,554,844 $ 32,077,180
1990-1991 $ 41,867,259 $ 31,676,329
1991-1992 $ 45,465,992 $ 25,113,056
1992-1993 $ 45,920,397 $ 26,210,270
1993-1994 $ 48,112,821 $ 27,555,533
1994-1995 $ 48,997,111 $ 27,785,176
1995-1996 $ 52,412,935 $ 28,417,734
1996-1997 $ 55,469,572 $ 27,017,387
1997-1998 $ 58,640,601 $ 28,030,942
1998-1999 $ 62,271,240 $ 29,828,468
1999-2000 $ 66,003,417 $ 35,928,346
2000-2001 $ 70,836,801 $ 35,757,212
2001-2002 $ 77,796,837 $ 41,137,929
2002-2003 $ 78,736,719 $ 43,294,257
2003-2004 $ 82,311,648 $ 48,464,561
2004-2005 $ 86,482,132 $ 51,352,920
2005-2006 $ 92,005,140 $ 57,712,131
2006-2007 $ 96,432,887 $ 56,840,880
2007-2008 $ 101,712,202 $ 63,218,463
2008-2009 $ 109,487,490 $ 65,856,918
2009-2010 $ 128,335,761 $ 62,145,824
2010-2011 $ 126,789,572 $ 62,169,707
2011-2012 $ 131,050,716 $ 60,697,451
2012-2013 $ 136,820,879 $ 62,680,910
2013-2014 $ 144,876,071 $ 60,984,655
2014-2015 $ 145,684,769 $ 67,487,972
2015-2016 $ 152,248,159 $ 66,663,445
2016-2017 $ 161,546,868 $ 69,853,431
2017-2018 $ 168,194,683 $ 73,431,776
2018-2019 $ 175,308,982 $ 75,310,001
2019-2020 $ 181,730,725 $ 77,484,522
2020-2021 $ 187,792,899 $ 79,324,184
2021-2022 $ 197,163,577 $ 84,774,157
2022-2023 $ 211,750,133 $ 89,030,150
Item No.7D
RESOLUTION NO.

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF THOUSAND

OAKS ESTABLISHING THE

APPROPRIATIONS LIMIT FOR FISCAL
YEAR 2022-2023
WHEREAS, the Gann Spending Limitation Initiative added Article XIII B to the Constitution of the State of California to establish and define annual appropriation limits on state and local government entities; and WHEREAS, Government Code Section 7900, et seq. provides for the implementation of Article XIII B by defining various terms and prescribing procedures to be used in implementing specific provisions, including the establishment each year by the governing body of each local jurisdiction of its appropriation limit; and
WHEREAS, the required computation to determine the City of Thousand Oaks Appropriation Limit for FY 2022-2023 has been performed by the Finance Department and is on file with the Finance Department, and available for public review for fifteen days prior to the City Council meeting on this action; and WHEREAS, a summary of this computation is provided in “Exhibit A,” which is herein incorporated by reference and attached hereto.

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

1. The City of Thousand Oaks Appropriation Limit for FY 2022-2023 is $211,750,133.

2. This Appropriation Limit includes adjustments made pursuant to Section 3 of Article XIII B of the California Constitution and SB 1352, as of the date of this Resolution.

ATTACHMENT #2
Item No.7D
FIN:380-70\BSS\H:\COMMON\Council\2022\Administration\062822 Gann ATTACH 2 Reso.docx

Page 2 ends

3. This Appropriation Limit is subject to amendments, deletions, and additions, which may be provided pursuant to Article XIII B of the California Constitution and legislation in implementation thereof.

This limitation may be amended from time to time to reflect new or changed information as such is encountered.

PASSED AND ADOPTED this 28th 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: ___________________
APPROVED AS TO FORM:

Office of 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.7D
FIN:380-70\BSS\H:\COMMON\Council\2022\Administration\062822 Gann ATTACH 2 Reso.docx

Page 3 ends

Item No.7D
TO: Andrew P. Powers, City Manager
FROM: Clifford G. Finley, Public Works Director
DATE: June 28, 2022
SUBJECT: Countywide Stormwater Program Implementation Agreement RECOMMENDATION:

Approve the Second Amendment to the existing National Pollutant Discharge Elimination System Implementation Agreement (Contract No. 9447-2010) for the Ventura Countywide Stormwater Quality Management Program, extending the term of the agreement by one year to September 11, 2023.

FINANCIAL IMPACT:

No Additional Funding Requested. Minimal staff time and costs required to process the Amendment are included in the Adopted FY 2021-22 Stormwater Program Budget. This agreement allows for the equitable distribution of Ventura County’s Watershed Protection District’s Benefit Assessment Program to partially finance the Ventura Countywide Stormwater Quality Management Program (Program) for the participating Ventura County agencies, including the City of Thousand Oaks.

BACKGROUND:

On April 14, 1992, the Ventura County Board of Supervisors (Board) approved the concept of a single countywide MS4 Stormwater Permit (Permit) and authorized the use of the Watershed Protection District’s (District) Benefit Assessment to finance the activities and requirements contained within the Permit.

In 2010, the County and the cities entered into a new implementation agreement (2010 Agreement) to share additional program costs resulting from the 2010 NPDES MS4 Stormwater Permit (Attachment #1).

In 2016, the Board and Thousand Oaks City Council (Council) approved the First Amendment to the 2010 Agreement, extending the term to one year after the new Permit becomes effective. The Los Angeles Regional Water Quality Control Board (Regional Board) adopted the new Regional MS4 Stormwater Permit (2021 Permit) on July 23, 2021, with an effective date of September 11, 2021. Therefore, the current 2010 Implementation Agreement is set to expire on September 11, 2022.

Item No.7E
Countywide Stormwater Program Implementation Agreement
June 28, 2022

Page 2 ends

The 2021 Permit requirements allow for the development of a Watershed Management Plan (WMP) as an option for compliance. The WMP develops customized strategies, control measures, and schedules that each permittee will implement to comply with applicable water quality limits and requirements within their watershed(s). On December 7, 2021, the entire Ventura Countywide Stormwater Program (including the City) submitted a Letter of Intent signed by the individual City Managers and the Board to the Regional Board to select the development of the WMP as the path to compliance for the new 2021 Permit. The WMP is due to the Regional Board September 11, 2023.

DISCUSSION/ANALYSIS:

The District and Co-Permittees are seeking to extend the current 2010 Implementation Agreement for one additional year to allow the information and decisions made during the development of the WMP to help define the terms of the next Implementation Agreement. This Second Amendment is a time extension only and will allow the time needed for the Permittees to assess the requirements and responsibilities of the new 2021 Permit, to develop the WMP, and to negotiate and propose a future cost sharing formula for the benefit assessment distribution.

It is anticipated that before the expiration of the amended Agreement, if approved, staff of the participating agencies will return to their respective governing bodies to propose a new Implementation Agreement for adoption.

Approval of the Second Amendment to the 2010 Agreement for the Program will extend the term of the 2010 Agreement until September 11, 2023 (Attachment #2).

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goal:

PREPARED BY: Paul Jorgensen, Water Quality Supervisor
Jason Siegert, Environmental Compliance Analyst
Attachments:

Attachment #1 – 2010 Implementation Agreement
Attachment #2 – Second Amendment to the 2010 Implementation Agreement
DPW:530-25\ev\Council\2022\062822\Countywide Stormwater Program Implementation Agreement Amendment staff report.docx
Item No.7E

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

IMPLEMENTATION AGREEMENT

VENTURA COUNTYWIDE STORMWATER QUALITY MANAGEMENT PROGRAM This AGREEMENT is between the County of Ventura hereinafter referred to as COUNTY, the Ventura County Watershed Protection District hereinafter referred to as DISTRICT and the Cities of Camarillo, Fillmore, Moorpark, Ojai, Oxnard, Port Hueneme, San Buenaventura, Santa Paula, Simi Valley and Thousand Oaks, hereinafter collectively referred to as CITIES, with respect to the following matters:

RECITALS
Whereas, Congress in 1987 amended Section 402 of the Federal Clean Water Act [33 U.S.C.A. 1342(p)] to require the federal Environmental Protection Agency (EPA) to promulgate regulations for stormwater discharges; and
Whereas, these regulations require the control of pollutants for stonnwater discharges by requiring a National Pollutant Discharge Elimination System ("NPDES") permit for the diSCharge of stormwater into waters of the United States; and Whereas, the CITIES, the COUNTY and the DISTRICT entered into a series of agreements beginning in 1992 ("Implementation Agreements") to fund and develop an integrated stonnwater discharge management program with the objective of protecting and improving water quality in Ventura County; and
Whereas, pursuant to the Implementation Agreements, the CITIES, the COUNTY, and the DISTRICT jointly filed an application with the Los Angeles Regional Water Quality Control Board (Regional Board) for a NPDES permit; and
Whereas, the Regional Board in 1994 adopted Order No. 94-082 which regulated stonnwater discharges in Ventura County; and
Whereas, the Regional Board in 2000 replaced Order No. 94-082 with Order No. 00- 108; and
Whereas, the Regional Board on May 7,2009 replaced Order No. 00-108 with Order No. 09-0057; and
Whereas, the Regional Board on July 8, 2010 adopted Order No. 2010-0108 (PERMIT), which designates the CITIES, the COUNTY and the DISTRICT as "Co-Pennittees" and designates the DISTRICT as the "Principal Permittee;" and Whereas, the Implementation Agreements provide, among other things, for the funding ofNPDES program requirements through the DISTRlCT's Benefit Assessment Program; and 1-9
ATTACHMENT #1
Item No.7E
Whereas, the CITIES, the COUNTY, and the DISTRICT have approved annual extensions of the hnplementation Agreements in order to provide· annual funding for NPDES program requirements; and
Whereas, the latest extension of the Implementation Agreements will expire on June 30,2010; and
Whereas, the CITIES, the COUNTY, and the DISTIRCT mutually desire to modify, among other things, the cost share provisions under the Implementation Agreement in accordance with changes to the NPDES Program while preserving the Benefit Assessment Program as a source of funding for the program; and
Whereas, cooperation among the CITIES, the COUNTY and the DISTRICT to jointly implem~nt a Countywide NPDES Stormwater Program is in the best interests of the CITIES, the COUNTY and the DISTRICT; and
Whereas, the CITIES, COUNTY and DISTRICT also operate municipal storm drain systems and discharge stormwater and urban runoff pursuant to the PERMIT; and Whereas, the CITIES, COUNTY and DISTRICT as Co-Permittees have obtained, renewed and complied with the PERMIT; and
Whereas, the PERMIT requires the Co-Permittees to coordinate the development and implementation of a stormwater quality management program.

NOW, THEREFORE, the parties do mutually agree as follows:

1. PURPOSE: This AGREEMENT establishes the rights and responsibilities of each party with respect to funding and compliance with the PERMIT.

2. CONDUCT OF VENTURE: The responsibilities of the CITIES, COUNTY and DISTRICT are as described in the PERMIT and as described below:

A. Each Co-Permittee is independently responsible for complying with the requirements of the PERMIT within its own jurisdiction and complying with any individual enforcement actions pertaining to permit violations issued by the Regional Board.

B. The Ventura Countywide Stormwater Quality Management Program (PROGRAM) will be managed by a Management Committee (COMMITTEE).

The COMMITTEE will be composed of twelve (12) members; one representative of each of the CITIES, COUNTY, and the DISTRICT. The COMMITTEE will be the principal forum for directing the activities of PROGRAM. The COMMITTEE will be chaired by the representative of the Principal Permittee named in the PERMIT.

C. Each member of the COMMITTEE will have one vote for any motion. Any budgetary motion must be approved by a 2/3 majority vote of the COMMITTEE (8 of 12), and any non-budgetary motion must be approved by majority vote. 2·9
Item No.7E
D. Rules governing the efficient operation of the PROGRAM (Appendix A) and COMMITTEE (Appendix B), including the definition of Co-pennittee activities, Principal Permittee activities (Administration, Reporting, Monitoring.

Countywide Outreach), as defined by the C9MMITTEE are incorporated herein and attached as appendices. The Public Works Directors Committee (DIRECTORS) will be composed of 12 members; the Public Works Director of each of the ten CITIES, the County's Public Works Director, and the District's Director, or their designees.

E. The DISTRICT, in addition to being a Co-Permittee, performs the services of the Principal Permittee. If there should be a transition 'of any Principal Permittee service(s) to another service provider, it is the intent of the Co-Permittees that a reasonable time period be required to enable a smooth transition of those services that minimizes the DISTRICT's loss in either infrastructure or staff levels. For external expenses of tasks over $50,000, Co-Permittees have the option of directing the Principal Permittee to go through a competitive process for choosing the method of delivery of services.

F. DISPUTE RESOLUTION: Any COMMITTEE member may appeal any formal decision ofthe COMMITTEE to the DIRECTORS.

All appeals brought to the DIRECTORS must be decided by a 2/3 majority vote of the DIRECTORS.

3. FINANCIAL RESPONSIBILITIES: COMMITTEE-approved activities performed by the Principal Permittee benefit all of the Co-Permittees. By pooling resources, the Co-Pennittees benefit from cost sharing and better coordination of permit-required activities. Each of the Co-Permittees has a responsibility to fund a portion of the budget for services performed by the Principal Permittee. Principal Permittee activities, in general, consist of the following: program administration/coordination, reporting, monitoring and public outreach. In addition, those activities not included in the annually approved Principal Permittee budget (for instance, those activities specific to one party) are not the responsibility of the Co-Permittees.

A. Principal Permittee Costs - The DISTRICT will pay 50% of the Principa't Permittee cost, annually, with one exception: for Fiscal Year (July 1 through June 30; Fy) 2010-2011, the DISTRICT will contribute 50% up to, but not exceeding, one million dollars ($1,000,000). If the Principal Permittee costs for FY 2010- 2011 exceed two million dollars ($2,000,000), those excess costs will be shared among the CITIES and COUNTY, as described in subsection 3.B.i.

B. Co-Permittee Costs

1. CITIES and COUNTY will pay the cost for approved Principal Permittee expenses, less the DISTRICT's cost share, per subsection 3.A., proportional to the current Benefit Assessment Unit (BAU) ratios. The BAU ratios are updated annually according to the County Assessor's records. 3-9
Item No.7E
ii. All Co-Permittees will pay their own costs for Co·Permittee activities not assigned to the Principal Permittee.
iii. The CITIES and COUNTY will investigate alternatives to the BAU costsharing method and, in good faith, discuss and try to reach consensus, on maintaining the current method for cost ·sharing, or amending this AGREEMENT to initiate an alternative cost-sharing method. The investigation and discussion will take place in FY 2010-2011 with the goal to reach a consensus by April 1, 2011, so an amendment, if necessary, can be prepared to be approved by all the Co-Permittees and implemented on July 1,2011, for FY 2011-2012 and beyond.

4. FUNDING SOURCES
A. Co-Permittees may continue to fund requirements described in Section 3 through the DISTRICT's Benefit Assessment Program in accordance with annual requests submitted to the DISTRICT. Each annual request must be supported by a program description, budget, and such other information reasonably requested by the DISTRICT. The Co-Permittees' share of the Principal Permittee budget may be deducted from the proceeds of the Benefit Assessment Program or by payment to DISTRICT. Co-permittees must notify DISTRICT by February 1 of each year of their preferred method.

B. The Co-Permittees will collaborate with the DISTRICT, and invite them to participate in additional funding source(s) for activities to comply with Order No. 2010-0108.

5. RECORDS AND ACCOUNTING: By February 1 st of each year, the Principal Permittee must prepare a projected detailed annual budget by activity, including but not limited to, labor and fixed costs for COMMITTEE review and approval for the following fiscal year.

A. The Principal Permittee must implement accounting tracking mechanisms in order to report and describe contributions and expenditures annually.

B. Each year Principal Permittee expenditures will be reconciled against the approved budget. Any unexpended Principal Permittee funds will be refunded to the Co-Permittees in the subsequent year.

C. The Principal Permittee will retain all permit-required documents and fiscal records for five years, and make available for review by any Co-Permittee, the Regional Bo~d andlor the USEPA.

6. FINANCIAL IMPLEMENTATION DATE: The financial aspects of this AGREEMENT will take effect on July 1,2010.

7. AMENDMENTS TO AGREEMENT: This AGREEMENT will be re-evaluated with each new NPDES permit and prior to the finalization of any new major PROGRAM funding source. This AGREEMENT may be amended by written consent of the Co4-9 Item No.7E
Permittees, signed and approved by the governing body of each Co-permittee. Any amendment must comply with the requirements and regulations set forth by the Regional Board. Should, during the AGREEMENT tenn, Order No. 2010-0108 be revised, the parties will have the right to call for renegotiating the financial terms described in this AGREEMENT. Revision of Order No. 2010-0108 through a TMDL reopener process (incorporation of newly adopted TMDLs into the Order) are not considered for these purposes a call for renegotiation.

8. NON-COMPLIANCE WITH PERMIT: Any Co-permittee or Principal Permittee not in compliance with the PERMIT within its jurisdiction or scope of responsibility will be solely responsible for any lawfully assessed penalties.

9. APPENDAGE OF AGREEMENT: Any Co-permittee may negotiate a separate AGREEMENT with other Co-Permittees or with all Co-Permittees regarding stormwater/urban runoff discharge management issues. Such agreements will not be appended to this AGREEMENT however, they may reference this AGREEMENT.

10. WITHDRAWAL FROM THE AGREEMENT: A Co-Permittee may withdraw from this AGREEMENT after giving at least 180 days' written notice of withdrawal to the Principal Permittee and the Regional Board. The Principal Permittee must notify the remaining Co-Permittees within ten (10)-business days of receipt of such notice.

A. The withdrawing Co-Permittee must obtain a separate Stonnwater NPDES permit prior to withdrawal and comply with all permit requirements established by the Regional Board. Any withdrawing Co-permittee will be responsible for its share of Principal Permittee and shared costs for the remainder of the budget year of withdrawal.

B. The withdrawing Co-Permittee will be solely responsible for all lawfully assessed penalties as a consequence of withdrawal. The cost allocations to the remaining Co-Permittees will be recalculated in the following budget year.

12. EXECUTION IN COUNTERPARTS: This AGREEMENT may be executed and delivered in any number of counterparts or copies by the parties. When each party has signed and delivered at least one counterpart to the other parties, each counterpart will be deemed an original, and taken together, will constitute one and the same AGREEMENT, which will be binding and effective as to all the parties.

13. FEDERAL AND STATE GUIDELINES: This AGREEMENT is meant to be consistent with the terms of all applicable Federal and State permit regulations or guidelines as presently written and as may be amended during the term of this AGREEMENT. If any provision of this AGREEMENT conflicts with any Federal or State permit regulation or guideline, the guideline will take precedence. All provisions, which remain consistent, will remain in force and effect.

14. TERM: This AGREEMENT will become effective upon approval of all 12 CoPermittees and will continue in effect until the term of the Permit issued by the Board on July 8,2010 (Order No. 2010-0108) expires, or until terminated in the manner provided for in this AGREEMENT.
5-9
Item No.7E

15. TERMINATION OF AGREEMENT: A 2/3 majority (8 of 12) of the Co-Permittees may terminate this AGREEMENT by mutual written Consent.

16. NOTICES: All notices and correspondence will be deemed duly given, if (a) sent by certified U.S. mail; (b) delivered by hand; (c) deposited in the U.S. mail, postage prepaid and notice to the addresses of such mailing by phone immediately after deposit in the U.S. mail; (d) emailed and notice to the recipient by phone immediately after sending the email; or (e) faxed to the Principal Permittee and confinuation by phone immediately after sending the fax. All notices and correspondence must be sent or delivered to the following respective addresses or phone numbers of the parties:

Ventura County Watershed Protection District
800 South Victoria Avenue
Ventura, CA 93009
Attn: Director of Watershe~ Protection District
Phone: (805) 654-2040; Fax (805) 654-3350
County of Ventura
800 South Victoria Avenue
Ventura, CA 93009
Attn: Director of Public Works
Phone: (805) 654-2073; Fax (805) 654-3952
City of Camarillo
601 Carmen Drive
Camarillo, CA 93010
Attn: Director of Public Works
Phone: (805) 388-5307; Fax (805) 388-5318
City ofFillrnore
250 Central Avenue
Fillmore, CA 93015
Attn: Director of Public Works
Phone: (805) 524-3701; Fax (805) 524-5707
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: City EngineerlPublic Works Director
Phone: (805) 517-6255; Fax (805) 532-2555
City ofOjai
401 South Ventura Street
Ojai, CA 93023
Attn: Director of Public Works
Phone: (805) 640-2560; Fax (805) 640:2571
6-9
Item No.7E
City of Oxnard
305 West Third Street
Oxnard, CA 93030
Attn: Director of Public Works
Phone: (805) 385-8280; Fax (805) 385-7907
City of Port Hueneme
250 North Ventura Road
Port Hueneme, CA 93041
Attn: Director of Public Works
Phone: (805) 986-6568; Fax (805) 986-6660
City San Buenaventura
501 Poli Street
Ventura, CA 93001
Attn: Director of Public Works
Phone: (805) 654-7800; Fax: (805) 652-0865
City of Santa Paula
P.O. Box 569
Santa Paula, CA 93061-0569
Attn: Director of Public Works
Phone: (805) 933-4212; Fax (805) 525-3742
City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
Attn: Director of Public Works
Phone: (805) 583-6786; Fax (805) 583-6300
City of Thousand Oaks
2100 Thousand Oaks Blvd.

Thousand Oaks, CA 91362
Attn: Director of Public Works
Phone: (805) 449-2457; Fax (805) 449-2475

17. ENTIRE AGREEMENT: This AGREEMENT contains the entire understanding of the Co-Permittees with respect to the matters contained herein, and supersedes any prior agreement or understanding, oral or written.

18. ASSIGNMENT: Each Co-Permittee has the right to assign its rights and obligations under this AGREEMENT only with the written consent of every other Co-Permittee, which consent may not be unreasonably withheld.

19. SUCCESSORS IN INTEREST: Except as otherwise provided, this AGREEMENT will inure to the benefit of and be binding upon the successors and assigns of the parties. Except as expressly set forth herein, this AGREEMENT is not intended to benefit any person or entity not a party to this AGREEMENT. 7-9
Item No.7E

20. SECTION HEADINGS: Headings at the beginning of each numbered section of this AGREEMENT are solely for the convenience of the parties and are not a part of this AGREEMENT.

21. SEVERABILITY: The invalidity in whole or in part of any provision of this AGREEMENT will not void or affect the validity of the other provisions of this AGREEMENT. .

22. INTERPRETATION: The language in all parts of this AGREEMENT will be construed under the laws ofthe State of California according to its normal and usual meaning, and not strictly for or against any party. Exclusive venue for any action involving this AGREEMENT is in Ventura County. In the event of litigation in a United States District Court, exclusive venue is the Central District of California.

23. NO AGENCY CREATED: Nothing in this AGREEMENT is intended to create a separate entity or agency and no party to this AGREEMENT is the agent of any other party and nothing in this AGREEMENT will be construed as permitting or authorizing any party to this AGREEMENT to act in any capacity as an agent of the other except as expressly provided herein. Notwithstanding the foregoing, the parties acknowledge that they are entering into this AGREEMENT for their mutual benefit, and the parties agree to execute such fiu1her agreements and documents and take such further actions as may be reasonably necessary to implement this AGREEMENT.

24. AUTHORITY TO EXECUTE AGREEMENT: Each party covenants that each individual executing this AGREEMENT on behalf of such party is a person duly authorized and empowered to execute agreements for such party. 8-9
Item No.7E
APPENDIX A: GUIDELINES FOR DETERMINING PRINCIPAL PERMITTEE ACTIVITIES Definition of Program Activities: Program Activities are permit required activities.

Administration
Serve as liaison between the Co-permittees and the RWQCB; • Set time schedules for the performance of activities; • Forward Co-permittee information to the RWQCB;
• Arrange for public review, when needed;
• Update C01lermittees on R WQCB and EPA regulations
Item No.7E
APPENDIX B: COUNTYWIDE STORMWATER PROGRAM

MANAGEMENT COMMITTEE
The NPDES Management Committee (COMMmEE) is the principal forum for directing the countywide stormwater quality management program (PROGRAM) and is composed of twelve (12) members, one representative for each of the CrnES, COUNTY, and the DISTRICT. .

1. The COMMmEE is chaired by the Principal Co-permittee and meets as needed (at least quarterly) to achieve permit requirements· and assure PROGRAM continuity.

2. COMMmEE members and designated alternates shall be senior level and appointed by their Agency.

3. The COMMmEE shall direct and guide the Program and review and approve the Program budget, comment letters, and report submittals to various agencies (i.e., monitoring reports, annual reports and comment letters sent to Los Angeles Regional Water Quality Control Board. The COMMmEE shall conSider permit compliance, including benefit as a primary objective in approving program tasks and corresponding budgets.

4. The COMMmEE will review materials developed by the subcommittees, provide comments, and approve or reject program activities.

5. The LARWQCB may appoint a non~voting representative and alternate to the Management Committee ..
1-1
Item No.7E
July 14, 2010 Version

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

AMENDMENT TO IMPLEMENTATION AGREEMENT

VENTURA COUTYWIDE

STORMWATER QUALITY MANAGEMENT PROGRAM
County of Ventura Signature Page
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment on the day and pate below written.

COUNTY OF VENTURA
€Zr~e-4- Board of Supervisors
ATTEST:

Marty Robinson
Clerk of the Board of Supervisors
County of Ventura
State of Califor ia
9-9
Item No.7E
July 14, 2010 Version

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

AMENDMENT TO IMPLEMENTATION AGREEMENT

VENTURA COUTYWIDE

STORMWATER QUALITY MANAGEMENT PROGRAM
Ventura County Watershed Protection District Signature Page IN WITNESS WHEREOF. the Parties hereto have executed this Amendment on the day and date below written.

VENTURA COUNTY WATERSHED PROTECTION DISTRICT
~~L~ t1ai0>2b-r~~ Watershed Protection District
Board of Supervisors
ATTEST:

Marty Robinson
Clerk of the Board of Supervisors
County of Ventura
State of Californi
Date \
By: ~~~~~~~~~ ____________ _
9-9
Item No.7E
ATTEST:

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

IMPLEMENTATION AGREEMENT

VENTURA COUNTYWIDE

STORMWATER QUALITY MANAGEMENT PROGRAM
City of Port Hueneme Signature Page
City of Port Hueneme, California
uty City Clerk
APPROVED AS TO FORM:
~D 1 TO/DMINISTRATION:

I ,~
9-9
Item No.7E
Appendix A January 12,2011 Version

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

AMENDMENT TO IMPLEMENTATION AGREEMENT

VENTURA COUTYWIDE
STO.RMWATER QUALITY MANAGEMENT PROGRAM
City of Santa Paula Signature Page
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment on the day and date below written. .

CITY OF SANTA PAULA
ATTEST.:,...: __
~4ff eM:FOntes. j C'MB.nager ~
9-9
1 j
Item No.7E
July 14, 2010 Version
Agreement No. A-7357

CITY OF OXNARD
ATTEST:

APPROVED AS TO FORM: APPROVED AS TO INSURANCE
Jes Cameron, Chief Financial Officer
APPROVED AS TO CONTENT:

Rob Roshanian, Interim Public Works Director
Anthony Emmert, Water Resources Manager
Item No.7E
Date
ATTEST:

NATIONAL POLLUTANT DISCHARGE ELIMINATION

SYSTEM IMPLEMENTATION AGREEMENT

VENTURA COUNTYWIDE

STORMWATER QUALITY MANAGEMENT PROGRAM
City of Camarillo Signature Page
Jerry A7J~ B:on, City Manager
City of Camarillo, California
effrie Madland, City Clerk
APPROVED AS TO FORM: 0(iiJ;
Brian Pierik, City Attorney
Agreement No. 2010-58
Item No.7E
July 14, 2010 Version

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

IMPLEMENTATION AGREEMENT

VENTURA COUNTYWIDE

STORMWATER QUALITY MANAGEMENT PROGRAM
City of Thousand Oaks Signature Page
~~$~ Dennis C. Gillette
City of Thousand Oaks, California
ATTEST:

Linda
~~#YLU- D. Lawrence, City Clerk
APPROVED AS TO FORM:

Office of City Attorney
lstopher G. Norman, Assistant City Attorney
APPROVED AS TO ADMINISTRATION:

Scott Mitnick, City . anager
9-9
City Council: 09/07/2010
Contract No. 9447-2010
Item No.7E

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

IMPLEMENTATION AGREEMENT
VENTURACOUNTY~DE

STORMWATER IMPLEMENTATION PROGRAM
City of Simi Valley Signature Page
Paul Miller, ~or
City of Simi Valley, California
ATTEST:

Wendy K. Gree ,Assistant City Clerk
APPROVED AS TO FORM:

Office of City Attorney
APPROVED AS TO CONTENT:

Mike SedeU, City Manager
SC\Sw\IMP AGREE\2010IMP AOREEMENT\IA7-14-10
Item No.7E

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

IMPLEMENTATION AGREEMENT

VENTURA COUNTYWIDE

STORMWATER QUALITY MANAGEMENT PROGRAM
City of Moorpark Signature Page
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the day and date first above written.

CITY OF MOORPARK

10.13 .201 0
a . e S. Parvin, Mayor Date
ity of Moorpark, California
ATIEST:

Item No.7E
July 14, 2010 Version

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

IMPLEMENTATION AGREEMENT

VENTURA COUNTYWIDE STORMWATER QUALITY MANAGEMENT PROGRAM

SIGNATURE PAGE

CITY OF FILLMORE,
By: ~tJ~ Patti Walker, Mayor
ATTEST:

APPROVED AS
By :

J:\ENGR\PWIO\l003 NPDES COUNTYWIDE lA.doc 9-9
Item No.7E
City of San Buenaventura Signature Page

CITY OF SAN BUENA VENTURA

APPROVED AS TO FORM
Ariel Pierre Calonne
City Attorney
Item No.7E
July 14,2010 Version

20. SECTION HEADINGS: Headings at the beginning of each numbered section ofthis AGREEMENT are solely for the convenience of the parties and are not a part of this AGREEMENT.

21. SEVERABILITY: The invalidity in whole or in part of any provision of this AGREEMENT will not void or affect the validity of the other provisions of this AGREEMENT.

22. INTERPRETATION: The language in all parts of this AGREEMENT will be construed under the laws of the State of California according to its normal and usual meaning, and not strictly for or against any party. Exclusive venue for any action involving this AGREEMENT is in Ventura County. In the event oflitigation in a United States District Court, exclusive venue is the Central District of California.

23. NO AGENCY CREATED: Nothing in this AGREEMENT is intended to create a separate entity or agency and no party to this AGREEMENT is the agent of any other party and nothing in this AGREEMENT will be construed as permitting or authorizing any party to this AGREEMENT to act in any capacity as an agent of the other except as expressly provided herein. Notwithstanding the foregoing, the parties acknowledge that they are entering into this AGREEMENT for their mutual benefit, and the parties agree to execute such further agreements and documents and take such further actions as may be reasonably necessary to implement this AGREEMENT.

24. AUTHORITY TO EXECUTE AGREEMENT: Each party covenants that each individual executing this AGREEMENT on behalf of such party is a person duly authorized and empowered to execute agreements for such party. [An executed signature page must be provided by each signatory.] City of Ojai
Interim City Manager
ATTEST:
8-8
Item No.7E
1 SECOND AMENDMENT TO NATIONAL POLLUTANT DISCHARGE ELIMINATION

SYSTEM IMPLEMENTATION AGREEMENT

VENTURA COUNTYWIDE STORMWATER QUALITY MANAGEMENT PROGRAM This “Second Amendment” is made and entered into by and between the County of Ventura (“County”); the Ventura County Watershed Protection District (“District”); and the Cities of Camarillo, Fillmore, Moorpark, Ojai, Oxnard, Port Hueneme, San Buenaventura, Santa Paula, Simi Valley, and Thousand Oaks (collectively, the “Cities”). Hereinafter, the County, the District, and the Cities may be referred to collectively as the “Parties.”

RECITALS
A. The Parties currently implement and administer the Ventura County Stormwater Quality Management Program (the “Program”) pursuant to an agreement, and an amendment thereto, approved by the Parties on or about July 17, 2010, and on or about May 10, 2016, respectively (collectively, the “Implementation Agreement”).

B. Among other things, the Implementation Agreement generates funds for the implementation and administration of the Program through the District’s benefit assessment program.

C. The Program is a requirement of the National Pollutant Discharge Elimination System (“NPDES”) permit issued by the Los Angeles Regional Water Quality Control Board (“Regional Water Board”), with its adoption of Order No. R4-2010-0108, for the discharge of stormwater and urban runoff from the Parties’ respective municipal separate storm systems in Ventura County (“2010 NPDES Permit”).

D. The 2010 NPDES Permit, as administratively amended by Regional Water Board Order Nos. R4-2012-0175 and R4-2014-0024, was superseded by the issuance of a new NPDES permit with the adoption of Regional Water Board Order No. R4-2021- 0105 (“2021 NPDES Permit”).

E. The 2021 NPDES Permit became effective on September 11, 2021, and the Implementation Agreement remains in effect until one (1) year after the effective date of the 2021 NPDES Permit (September 11, 2022).

F. The Parties desire to amend the Implementation Agreement to extend its term to allow the Parties sufficient time to negotiate a new implementation agreement that will govern their respective roles and responsibilities under the 2021 NPDES Permit.

NOW, THEREFORE, in consideration of the foregoing recitals, each of which is incorporated herein as if fully set forth below, the Parties agree as follows:

1. Notwithstanding any provision in the Implementation Agreement to the contrary, the Implementation Agreement shall continue in effect until September 11, 2023, or until otherwise terminated pursuant to the Implementation Agreement.

ATTACHMENT #2
Item No.7E
2 2. Until the Implementation Agreement expires or terminates as set forth herein, the District shall continue to be designated the “Principal Permittee” and the remaining Parties shall continue to be designated “Co-Permittees” under the Implementation Agreement.

3. Except for the amendments and modifications described in this Second Amendment, all other terms and conditions of the Implementation Agreement shall remain in effect.

4. This Second Amendment may be executed in any number of counterparts, each of which shall constitute an original, and all of which taken together shall constitute one and the same instrument.

5. The Parties agree that this Second Amendment may be transmitted and signed by electronic or digital means by any or all parties and that such signatures shall have the same force and effect as original signatures in accordance with California Government Code Section 16.5 and California Civil Code Section 1633.7.

IN WITNESS WHEREOF, the Parties have executed this Second Amendment through their duly authorized representatives as of the dates set forth below.

Item No.7E
3 SECOND AMENDMENT TO NATIONAL POLLUTANT DISCHARGE ELIMINATION

SYSTEM IMPLEMENTATION AGREEMENT

VENTURA COUNTYWIDE STORMWATER QUALITY MANAGEMENT PROGRAM Ventura County Watershed Protection District Signature Page IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT on the day and date below written.
___________________________________________
____
Chair, Board of Supervisors
Ventura County Watershed Protection District
ATTEST:

XXXXX XXXXX
Clerk of the Board of Supervisors
Ventura County Watershed Protection District
County of Ventura, State of California
By: _____________________________
Senior Deputy Clerk of the
Board
Item No.7E
4 SECOND AMENDMENT TO NATIONAL POLLUTANT DISCHARGE ELIMINATION

SYSTEM IMPLEMENTATION AGREEMENT

VENTURA COUNTYWIDE STORMWATER QUALITY MANAGEMENT PROGRAM County of Ventura Signature Page

COUNTY OF VENTURA

Carmen Ramirez, Chair Date
Board of Supervisors
ATTEST:

XXXXX XXXXX
Clerk of the Board of Supervisors
County of Ventura, State of California
By: _____________________________
Senior Deputy Clerk of the
Board
Item No.7E
5 SECOND AMENDMENT TO NATIONAL POLLUTANT DISCHARGE ELIMINATION

SYSTEM IMPLEMENTATION AGREEMENT

VENTURA COUNTYWIDE STORMWATER QUALITY MANAGEMENT PROGRAM City of Camarillo Signature Page

CITY OF CAMARILLO

Shawn Mulchay, Mayor Date
City of Camarillo
ATTEST:

_________________________________
Kristy Buxkemper, City Clerk

APPROVED AS TO FORM:

Office of City Attorney:
_______________________________
City Attorney
Item No.7E
6 SECOND AMENDMENT TO NATIONAL POLLUTANT DISCHARGE ELIMINATION

SYSTEM IMPLEMENTATION AGREEMENT

VENTURA COUNTYWIDE STORMWATER QUALITY MANAGEMENT PROGRAM City of Fillmore Signature Page

CITY OF FILLMORE

Diane McCall, Mayor Date
City of Fillmore
ATTEST:

_________________________________
City Clerk

APPROVED AS TO FORM:

Office of City Attorney:
_______________________________
City Attorney
Item No.7E
7 SECOND AMENDMENT TO NATIONAL POLLUTANT DISCHARGE ELIMINATION

SYSTEM IMPLEMENTATION AGREEMENT

VENTURA COUNTYWIDE STORMWATER QUALITY MANAGEMENT PROGRAM City of Moorpark Signature Page

CITY OF MOORPARK

Janice S. Parvin, Mayor Date
City of Moorpark
ATTEST:

_________________________________
Ky Spangler, City Clerk

APPROVED AS TO FORM:

Office of City Attorney:
_______________________________
City Attorney
Item No.7E
8 SECOND AMENDMENT TO NATIONAL POLLUTANT DISCHARGE ELIMINATION

SYSTEM IMPLEMENTATION AGREEMENT

VENTURA COUNTYWIDE STORMWATER QUALITY MANAGEMENT PROGRAM City of Ojai Signature Page

CITY OF OJAI

Betsy Stix, Mayor Date
City of Ojai
ATTEST:

_________________________________
Cynthia Burell, City Clerk

APPROVED AS TO FORM:

Office of City Attorney:
_______________________________
City Attorney
Item No.7E
9 SECOND AMENDMENT TO NATIONAL POLLUTANT DISCHARGE ELIMINATION

SYSTEM IMPLEMENTATION AGREEMENT

VENTURA COUNTYWIDE STORMWATER QUALITY MANAGEMENT PROGRAM City of Oxnard Signature Page

CITY OF OXNARD

John Zaragoza, Mayor Date
City of Oxnard
ATTEST:

_________________________________
Rose Chaparro, City Clerk

APPROVED AS TO FORM:

Office of City Attorney:
_______________________________
City Attorney
Item No.7E
10 SECOND AMENDMENT TO NATIONAL POLLUTANT DISCHARGE ELIMINATION

SYSTEM IMPLEMENTATION AGREEMENT

VENTURA COUNTYWIDE STORMWATER QUALITY MANAGEMENT PROGRAM City of Port Hueneme Signature Page

CITY OF PORT HUENEME

Richard Rollins, Mayor Date
City of Port Hueneme
ATTEST:

_________________________________
City Clerk

APPROVED AS TO FORM:

Office of City Attorney:
_______________________________
City Attorney
Item No.7E
11 SECOND AMENDMENT TO NATIONAL POLLUTANT DISCHARGE ELIMINATION

SYSTEM IMPLEMENTATION AGREEMENT

VENTURA COUNTYWIDE STORMWATER QUALITY MANAGEMENT PROGRAM City of Ventura Signature Page

CITY OF VENTURA

Sofia Rubalcava, Mayor Date
City of Ventura
ATTEST:

_________________________________
Tracy Oehler, Interim City Clerk

APPROVED AS TO FORM:

Office of City Attorney:
_______________________________
City Attorney
Item No.7E
12 SECOND AMENDMENT TO NATIONAL POLLUTANT DISCHARGE ELIMINATION

SYSTEM IMPLEMENTATION AGREEMENT

VENTURA COUNTYWIDE STORMWATER QUALITY MANAGEMENT PROGRAM City of Santa Paula Signature Page

CITY OF SANTA PAULA

Jenny Crosswhite, Mayor Date
City of Santa Paula
ATTEST:

_________________________________
Julie Latshaw, City Clerk

APPROVED AS TO FORM:

Office of City Attorney:
_______________________________
City Attorney
Item No.7E
13 SECOND AMENDMENT TO NATIONAL POLLUTANT DISCHARGE ELIMINATION

SYSTEM IMPLEMENTATION AGREEMENT

VENTURA COUNTYWIDE STORMWATER QUALITY MANAGEMENT PROGRAM City of Simi Valley Signature Page

CITY OF SIMI VALLEY

Keith L. Mashburn, Mayor Date
City of Simi Valley
ATTEST:

Lucy Blanco, City Clerk
APPROVED AS TO FORM:

Office of City Attorney:

David L. Caceres, City Attorney
Item No.7E
14 SECOND AMENDMENT TO NATIONAL POLLUTANT DISCHARGE ELIMINATION

SYSTEM IMPLEMENTATION AGREEMENT

VENTURA COUNTYWIDE STORMWATER QUALITY MANAGEMENT PROGRAM City of Thousand Oaks Signature Page

CITY OF THOUSAND OAKS
Bob Engler, Mayor Date
City of Thousand Oaks
ATTEST:
________________________________
Cynthia M. Rodriguez, City Clerk
APPROVED AS TO FORM:

Office of the City Attorney:
_______________________________
Tracy Friedl, Assistant City Attorney
Item No.7E
TO: Andrew P. Powers, City Manager
FROM: Clifford G. Finley, Public Works Director
DATE: June 28, 2022
SUBJECT: Vehicle Fueling at Municipal Service Center Update RECOMMENDATION:

1. Approve budget appropriation and expenditure in the amount of $610,000 to the FY 2022-23 General Fund Budget from A/C #001-0000-311-1000 (General Fund, Fund Balance) to A/C #001-5640-631-3510 (General Fund:

Vehicle Expense/Fuel).

2. Approve addition of the Conejo Valley Unified School District and monthly invoicing in the City’s Cooperative Fleet Fuel Purchase Program.

FINANCIAL IMPACT:
$610,000 Increase to FY 2022-23 General Fund Budget. $1,200,000 is included in the Adopted FY 2022-23 General Fund Budget for unleaded fuel, renewable diesel, and compressed natural gas. A $610,000 budget appropriation, partially offset by reimbursement from the Conejo Valley Unified School District (CVUSD), is requested to cover additional fuel expenses, which includes increasing fuel costs, increased consumption of Compressed Natural Gas (CNG) at the public CNG Fueling Island, and the addition of CVUSD to the City’s Cooperative Fleet Fuel Purchase Program.

BACKGROUND:

Since 2006, the City has participated in a Cooperative Fuel Purchasing Program with the State of California (Attachment #1). In 2014, City Council approved an extension to the agreement for renewable diesel and unleaded fuel purchases and in 2018, the agreement was extended through 2023. Participation in this bulk fuel purchase program enables the City to secure a lower per gallon rate for fueling its vehicles.

The Municipal Service Center (MSC) has bulk fuel storage and dispensers for unleaded and renewable diesel fuels. The City fuels approximately 230 City-owned vehicles and 250 pieces of heavy and small equipment at the MSC. In addition to City-owned vehicles, the Cooperative Fuel Purchasing Program is utilized to fuel vehicles and equipment from Conejo Recreation and Park District (CRPD) and MV Item No.7F
Vehicle Fueling at MSC Update
June 28, 2022

Page 2 ends

Transportation (MV Transit), which includes Thousand Oaks Transit, Moorpark Transit, Kanan Shuttle, and Dial-a-Ride. CRPD has 78 vehicles and MV Transit has 38 vehicles. The MSC also manages two CNG fueling stations for its fleet and a separate public CNG fueling island outside the MSC that serves local companies and the public.

On average, the MSC dispenses approximately 125,000 gallons of unleaded gasoline, 30,000 gallons of renewable diesel, and 190,000 gallons equivalent of CNG annually. Customers utilizing the City’s fueling services reimburse the City for fuel costs and a small service charge is applied. Administrative pumping fees cover the cost of fuel and offset some of the cost for permits and equipment maintenance. The City does not subsidize the cost of fuel.

The two charts below describe the volume and approximate costs of fuel purchased and consumed by each MSC fuel customer.

MSC Annual Bulk Fuel Cost Per Gallon
Year Gallons
Unleaded
Average
Cost
Gallons
Renewable
Diesel
Average
Cost
Gallons
Equivalent
CNG City
Average
Cost
Gallons
Equivalent
CNG Public
Average
Cost
Total
Average
Cost
2018 154,674 $2.82 28,040 $3.14 191,444 $1.66 38,163 $2.35 $ 931,706 2019 158,902 $2.94 29,603 $3.42 193,991 $1.74 45,140 $2.35 $1,012,037 2020 89,011 $2.59 28,063 $3.18 133,431 $1.94 41,042 $2.35 $ 675,083 2021 98,220 $2.75 36,500 $3.36 149,580 $2.17 41,377 $2.35 $ 814,530 2022
Jan - May 42,387 $4.15 13,381 $5.23 49,582 $2.36 93,470 $2.65 $ 610,599 2021 MSC Bulk Fuel Cost Per Agency
It should be noted that unleaded gasoline and CNG consumption at the MSC decreased by approximately 40 percent in 2020 and 2021 due to fewer City vehicles being driven because of the COVID-19 pandemic. However, the MSC is currently dispensing unleaded gasoline near pre-pandemic quantities, at a significantly higher cost per gallon.

Customer Vehicle
Quantity
Gallons
Unleaded Cost
Gallons
Renewable
Diesel
Cost Gallons
Equivalent
CNG
Cost
City 230 46,800 $127,000 33,907 $125,000 3,373 $ 7,930
CRPD 78 32,100 $ 87,000 1,520 $ 5,000 N/A N/A
MV Transit 38 18,400 $ 50,000 1,400 $ 4,400 149,000 $311,000 Public Site 121 N/A N/A N/A N/A 41,377 $ 97,200
Item No.7F
Vehicle Fueling at MSC Update
June 28, 2022

Page 3 ends

DISCUSSION/ANALYSIS:

The Cooperative Fuel Purchase Program allows the City and other public agencies to purchase and utilize a reliable, convenient, and efficient fueling option at a reduced cost.

CVUSD has requested inclusion into the City’s Cooperative Fuel Purchase Program to take advantage of the discounted rate. CVUSD has a fleet of 71 unleaded vehicles and 12 diesel vehicles that consume approximately 40,000 gallons of unleaded and diesel fuel annually (Attachment #2). As with CRPD if approved, CVUSD would be billed monthly for the cost of the fuel they use, plus a service fee.

In addition, due to the rising cost of unleaded, diesel, and natural gas fuels, City staff is requesting an approximately 50 percent increase to the current $1,200,000 fuel budget. This increase is anticipated to meet the needs of the City and its customers, including the addition of CVUSD, which is anticipated to offset approximately $120,000 per year of the requested increase through reimbursements.

Staff recommends approval of the CVUSD participation in the City’s cooperative fuel purchase program and the increasing of the Fuel Budget for bulk purchasing of unleaded and diesel fuel from California Fuels and Lubricants.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goal:

PREPARED BY: Grahame Watts, Emergency Services Manager
Donald Covarrubias, Fleet Services Supervisor
Attachments:

Attachment #1 – State of California Contract No. 1-18-91-02-B Attachment #2 – CVUSD Vehicle and Equipment List
DPW: 241-20\etm\H:\Council\2022\062822\CVUSD Vehicle Fueling at MSC staff report.docx Item No.7F
Department of General Services
Procurement Division
707 Third Street, 2nd Floor
West Sacramento, CA 95605-2811
State of California

GONTRACT USER INSTRUCTIONS

MANDATORY
*Supplement 5*
*(l n co rporates su pplemenfs 1 -5)*
The contract user instructions, products, and pricing are included herein. All purchase documents issued under this contract incorporate the contract terms and applicable California General Provisions, rev 06t08t2010
(https://www.dqs.ca.qov/-/media/DD14F21678F64EBFADBC227F2C5'17C79.ashx) Cal eProcure link:
lssue and Effeetive Date: *3/29/2A22*
CONTRACT NUMBER: 1-18-91-028
DESCRIPTION: Bulk Gasoline, Diesel #2, Diesel#2 with
Red Dye, Ethanol (E-85), and Biodiesel
(B5)
coNTRACTOR(S) AAA Oil, lnc.

Super District D (districts 5 & 7)
Super District E (districts 8 & 9) Super
District F (districts 1 1 & 12)
CONTRACT TERM: 0413012018 through 04t29t2023
STATE CONTRACT ADM I N ISTRATOR Amanda Lewis
(279) 946-7876
Amanda. Lewis@dgs. ca. qov

ORDER PLACEMENT INFORMATION
U.S. Mail FaxlEmail Contact lnformation
AAA Oil, lnc. dba California
Fuels and Lubricants.
11621 WestminsterAve.

Garden Grove, CA 92843
Fax: (714)530-5026
Emai|: *contracts@cafueling. *
AAA Oil, lnc. dba California Fuels and
Lubricants.

Jennifer Crawley
Phone: (714)530-4795
Email: *contracts@safuelino. *
ATTACHMENT #1
Item No.7F

STATE OF CALIFORNIA
DEPARTMENT OF GENEML SERVICES eRoCUREMENTDIVISIoN Contract (Mandatory) 1-18-91 -02s Contract User lnstructions - Supplement 5
All changes to most recent Supplement are in bold red italic.

SUMMARY OF CHANGES
All other terms and conditions remain the same.

Contract 1-18-9'l-02-B
User lnstructions
Supplement
Number Description/Articles Supplement
Date
*5* *Supplement 5 makes the following changes:
a Cover page - Order Placement
I nfo rmati o n : Co ntracto r emai I address
has been changed.

Secfion 10 - Ordering Procedure,
Orderi ng Placement lnformation :

Contractor emailaddress has been
changed."
a
*3/29/2022*
4 Supplement 4 makes the following changes
a Cover page, State Contract Administrator
contact information has been updated and
the Non-lT General Provisions link has
been updated.

Section 4 - Contract Administration, State
Contract Ad m in istrator contact information
has been updated.
a
1t13t2022
3 Supplement 3 makes the following changes:
o Contract term has been extended through
April 29, 2023.

Contract Administrator has been changed
to Amanda Lewis.
o
5t11t2021
2 Supplement 2 makes the following changes:
a Extends the contract term through April 29,
2022.

Removes CLINs D107, D108, E107, E108,
F107, and F108 for Biodiesel.
a
11t2t2020
1 Supplement 1 makes the following changes
a Section 18. lnvoices - language has been
modified to include California Air Resources
Board (CARB) Assembly Bill 32 fees (AB
32).
02t26t2020
Page2 3/29/2022
Item No.7F

STATE OF CALIFORNIA

DEPARTMENT OF GENEML SERVICES
PROCUREMENT DIVISION Contract (Mandatory) 1-18-91 -02E
Contract User lnstructions - Supplement 5

1. SCOPE
The State's contract with A/AA Oil, lnc. dba California Fuels and Lubricants (Contractor) provides Bulk Gasoline, Diesel #2, Diesel#2 with Red Dye, Ethanol (E-85), and Biodiesel (85) at contracted pricing to the State of California and local governmental agencies in accordance with the requirements of Contract # 1-18- 91-02-8. The Contractor shall supply the entire portfolio of products as identified in the contract and will be the primary point of contact for data collection, reporting, and distribution of Bulk Gasoline, Diesel#2, Diesel #2 with Red Dye, Ethanol(E-85), and Biodiesel (85) to the State.

The contract term is for three (3) years with an option to extend the contract for two (2) additional one (1) year period or portion thereof. The terms, conditions, and prices for the contract extension option shall be by mutual agreement between the Contractor and the State. lf a mutual agreement cannot be met the contract may be terminated at the end of the current contract term.

2. CONTRACTUSAGE/RULES
A. State Departments
. The use of this contract is mandatory for all State of California departments. . Ordering departments must adhere to all applicable State laws, regulations, policies, best practices, and purchasing authority requirements, e.g. Galifornia Codes, Code of Regulations, State Administrative Manual, Management Memos, and State Contracting ManualVolume 2 and
3, as applicable.
. Prior to placing orders against this contract, departments must have been granted non-lT purchasing authority by the Department of General Services, Procurement Division (DGS/PD) for the use of this statewide contract. The department's current purchasing authority number must be entered in the appropriate location on each purchase document. Departments that have not been granted purchasing authority by DGS/PD for the use of the State's statewide contracts may contact DGS-PD's Purchasing Authority Management Section by e-mailat [email protected]. . Departments must have a Department of General Services (DGS) agency billing code prior to placing orders against this contract. Ordering departments may contact their Purchasing Authority contact or their department's fiscal office to obtain this information.

B. Local GovernmentalAoencies
. Local governmental agency use of this contract is optional. . Local government agencies are defined as "any city, county, city and county, district or other governmental body or corporation, including the California State Universities (CSU) and University of California (UC) systems, K-12 schools and community colleges", empowered to expend public funds for the acquisition of products, per Public Contract Code Chapter 2, Paragraph 10298 (a)
(b). While the State makes this contract available to local governmentalagencies, each local governmental agency should determine whether this contract is consistent with its procurement policies and regulations.
. Local governmental agencies shall have the same rights and privileges as the State under the terms of this contract. Any agencies desiring to participate shall be required to adhere to the same responsibilities as do State agencies and have no authority to amend, modify or change any condition of the contract.

C. Unless otherwise specified within this document, the term "ordering agencies" will refer to all State departments and/or local governmentalagencies eligible to utilize this contract. Ordering and/or usage instructions exclusive to State departments or local governmentalagencies shall be identified within each article.

Contract 1-18-91-02-B
User lnstructions

Page 3 ends

Item No.7F

STATE OF CALIFORNIA

DEPARTMENT OF GENEML SERVICES
PROCUREMENT DIVISION Contract (Mandatory) 1-18-91-02B
Gontract User lnstructions - Supplement 5

3. DGS ADMINISTRATIVE FEES
A. State Departments
The DGS will bill each State department an administrative fee for use of this statewide contract. The administrative fee should NOT be included in the order total, nor remitted before an invoice is received from DGS.

Current fees are available online in the Price Book & Directory of Services (https://www.dgs.ca.gov/OFS/Price-Book) (go to Price Book Download and click on Purchasing under Procurement Division).

B. Local GovernmentalAqencies
For all local government agency transactions issued against the contract the Contractor is required to remit the DGS/PD an lncentive Fee of an amount equal to 1% of the total purchase order amount excluding taxes and freight. This lncentive Fee shall not be included in the agency's purchase price, nor invoiced or charged to the purchasing entity. All prices quoted to local governmentalagency customers shall reflect State contract pricing, including any and all applicable discounts, and shall include no other add-on fees.

4. CONTRACTADMINISTRATION
Both the State and the Contractor(s) have assigned Contract Administrators as the single points of contact for problem resolution and related contract issues.

Administrator
lnformation
DGS'PD
(State Contract Administrator)
AAA Oil.lnc. dba California Fuel
and Lubricants.
fContractor)
Contact Name Amanda Lewis Jennifer Crawley
Telephone: (279) 946-7876 (714) 530-4795
Facsimile: (714) 530-5026
Email: Amanda. [email protected] [email protected]
Address: DGS/Procurement Division
Attn:Amanda Lewis
707 Third Street, 2nd Floor, MS 201
West Sacramento, CA 95605
AAA Oil. lnc. dba California Fueland
Lubricants.

Attn: Jennifer Crawley
11621 WestminsterAve
Garden Grove, CA 92843

5. PROBLEM RESOLUTION/SUPPLIERPERFORMANCE
Ordering agencies and/or Contractors shall inform the State Contract Administrator of any technical or contractual difficulties encountered during contract performance in a timely manner. This includes and is not limited to informaldisputes, supplier performance, outstanding deliveries, etc. The ordering agency should include all relevant information and/or documentation (i.e. Purchase documents).

6. CONTRACT ITEMS
Allavailable line items and associated prices are listed on AttachmentA - Contract Pricing and Additional/SpecialCharges information for Super Districts D, E, and F.

The State will use the Oil Price lnformation Service (OPIS) to determine Region Base Market Price (RBMP), the CAR Cost fee (Cap-At-The-Rack), and the LCFS Cost Fee (Low Carbon Fuel Standard).

There are a total of six (6) Super Districts represented by the RBMP, CAR Cost Fee, and LCFS Cost fee for Unleaded Regular Gasoline, Diesel #2 Ultra Low Sulfur, and Red Dyed Diesel #2 Ultra Low Sulfur.

Contract 1-18-91-02-B
User lnstructions

Page 4 ends

Item No.7F

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract 1-18-91-02-B
User lnstructions
Contract (Mandatory) 1-18-91 -O2B
Gontract User lnstructions - Supplement 5
The RBMP, CAR Cost Fee, and LCFS Cost fee for each Super District for Unleaded Regular Gasoline, Diesel #2 Ultra Low Sulfur, and Red Dyed Diesel #2 Ultra Low Sulfur will be based on the OPIS Racks identified as Eureka, Sacramento, Fresno, Los Angeles, Barstow, and San Diego.

The RBMP and CAR Cost Fee for each Super District for Biodieselwill be based on OPIS Racks identified as Los Angeles, San Francisco, and San Jose.

For the base price of Ethanol (E85) Fuel the State will use the weekly price quoted in the OPIS Ethanol & BioDiesel lnformation Services Publication under the Key Renewable Fuels Regional Averages section for product description E-85 Racks, West Coast. The Super Districts, Contractor, and Counties are defined as follows:
lf an OPIS publication is modified, the State reserves the right to re-establish the base price calculation method or cancel all or part of the contract without prejudice against any party to the contract.

RBMP, CAR Cost Fee, and LCFS Cost Fee will be based on OPIS data and will be posted daily by DGS/PD.

Contract Cost Structure:

Contract Composite Price for each fuel type shall be calculated according to the following table:

Super
District Gontractor
Caltrans
District
Combined
Market Base
OPIS (Unleaded,
Diesel #2, Diesel
#2 with Red
Dve)
OPIS Racks
(Biodiesel
(85))
Market
Base E-85 Counties
D
AAA OiI.
lnc. dba
California
Fuel and
Lubricants
5and7 Los Angeles Los Angeles West
Coast
Monterey, San Benito, San
Luis Obispo, Santa Barbara,
Santa Cruz, Los Angeles,
Ventura
E
AAA OiI.
lnc. dba
California
Fuel and
Lubricants
Band9 Barstow Los Angeles West
Coast
Riverside, San Bernardino,
lnyo, Mono
F
AAA OiI.
lnc. dba
California
Fuel and
Lubricants
11 and 12 San Diego Los Angeles West
Coast lmperial, San Diego, Orange

Page 5 ends

Item No.7F

STATE OF CALIFORNIA

DEPARTMENT OF GENEML SERVICES
PROCUREMENT DIVISION Contract (Mandatory) 1-18-9{ -02F3 Contract User lnstructions - Supplement 5

7. PUBLICATION POSTING
The DGS/PD tracks and monitors fuel changes. The DGS/PD will prepare fuel charge documents and e-mail to the Contractors daily the RBMP, CAR Cost Fees and LCFS Cost Fees for all fuels.

DGS/PD shall additionally email all end users of the contract the consolidated weekly base prices each Monday or the first working day of the week. The weekly email shall include the daily price changes.

The Contractor shall forward a copy of the DGS/PD weekly posting to all delivery locations that have been invoiced for payment to substantiate the accuracy of the base pricing on the invoice. To request the weekly base posting information complete Attachment D, Request for Fuel Rate lnformation and return/send email to:

[email protected] or [email protected]

8. SPECtFtCATtONS
All products offered must conform to the Attachment E - State of California Bid Specifications:

Gasoline, Unleaded Regular Specification No. 9130-4178A, dated 0110812018 Diesel Fuel, Type 2-D, Specification No. 9130-4178B, dated 0111612018 Fuel Ethanol E-85 Specification No. 9130-4178C, dated 0110812018 Biodiesel Blend 85 Specification No. 9130-4178D, dated 1212712018

9. PURCHASE EXECUTION
A. State Departments
1) Purchase Documents
State departments, not transacting in Fl$CAL, must use the Purchasing Authority Purchase Order (Std. 65) for purchase execution. An electronic version of the Std. 65 is available at the Office of State Publishing web site
(https://www.dqsapps.dqs.ca.qov/osp/StatewideFormsWeb/Forms.aspx) (select STD Forms). a
Contract 1-18-91-02-B
User lnstructions
Unleaded Regular
Gasoline
"Time of Delivery" "Rack Average"

OPIS GROSS CARFG ETHANOL
(10.0%).

RBMP + CAR Cost fee + LCFS Cost fee + Differential
= Composite Price
Diesel#2 Ultra Low
Sulfur
Daily OPIS Closing Benchmark File

OPIS GROSS CARB ULTRA LOW
SULFUR DISTILLATE PRICES**
RACKAVE.

RBMP + CAR Cost fee + LCFS Cost fee + Differential
= Composite Price
Red Dyed Diesel
Ultra Low Sulfur
OPIS Closing Benchmark File OPIS

GROSS CARB ULTRA LOW
SULFUR DISTILLATE PRICES* *
Rack AVE olus ($0.01/oal).

RBMP + CAR Cost fee + LCFS Cost fee + Differential
+ .01 per gallon= Composite Price
Ethanol (E85) OPIS Ethanol & BioDiesel
I nformation Services Publication
under the Key Renewable Fuels
Regional Averages section for
product description E-85 Racks,
West Coast.

RMBP + Differential= Composite Price
Biodiesel(85) OPIS GROSS SME BIODIESEL

NON-TAX ADJUSTED WOUT RIN

MARKET INDEX WTHOUT CAR
COST.

RBMP + CAR Cost fee + Differential = Composite Price
',1, r i I i i I
I ;.,,r,]r.i. I I I r'. irl,?, ll l ill:t I I i I I ; r I l'.1 .'j it;' tr,,i.'1[i; I , lir]r,1r ,ri

Page 6 ends

Item No.7F

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract 1-18-91-02-B
User lnstructions
Gontract (Mandatory) 1-18-91 -02F3
Gontract User lnstructions - Supplement 5
All Purchasing Authority Purchase Orders (Std. 65) must contain the following:
. Agency Order Number (Purchase Order Number)
. Ordering Agency Name
. Agency Billing Code
. Purchasing Authority Number
. Leveraged Procurement Number (Contract Number)
. Supplier lnformation (Contact Name, Address, Phone Number, Fax Number, E-mail) . Line ltem number
. Quantity
. Unit of Measure
. Commodity Code Number
. Product Description
. Unit Price
. Extension Price
. Tank size*
. Tank fitting type"
The Contractor shall not accept incomplete orders from ordering agencies. *Please note - Attachment B - Delivery Locations may not be the most up to date listing for tank size and fitting. ln order to ensure accurate Minimum Order calculation and appropriate equipment at time of delivery, please list these items on the purchase order. 2) FI$CAL Purchase Documents
State departments transacting in FI$CAL will follow the FI$CAL procurement and contracting procedures.
3) Blanket Purchase Order (BPO)
The use of Blanket Purchase Orders (BPO) against this statewide contract may be permitted but only with prior written approval from the Contract Administrator and meeting the following written guidelines. An executed copy of the BPO must be submitted to the Contract Administrator for approval before it is submitted to the contractor. At a minimum, the following written requirements must be documented on each BPO:

Written Required Guidelines on each BPO:
a) lf the purchase crosses into a different Fiscal Year (FY); the ordering entity must warrant they have budget authority for the expenditure.
b) The order is only used for items on the contract. c) The order does not exceed the contract period. d) When funds are exhausted a new order is issued.
e) The order is issued only to one contract supplier.

Note: The contractor shall reject and return to originator any BPO submitted without proper approval.

B. LocalGovernmentalAoencies
Local governmental agencies may use their own purchase document for purchase execution. The purchase documents must include the same data elements as listed above (Exception: Purchasing Authority Number is used by State departments only).

Page 7 ends

Item No.7F

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION Contract (Mandatory) 1-18-91 -02F3 Contract User lnstructions - Supplement 5

10. ORDERING PROCEDURE
A. Orderino Methods:

Ordering agencies are to submit appropriate purchase documents directly to the Contractor(s) via one of .the following ordering methods:
. U.S. Mail
. Facsimile
. Email
The Contractor's Order Placement lnformation is as follows Note: When using any of the ordering methods specified above, all State departments must conform to proper State procedures.

11. MINIMUM ORDER
Minimum delivery quantity shall be seventy percent (70To) of tank capacity for below ground tanks and sixty percent (60%) of tank capacity for above ground tanks. Orders for less than the minimum order quantity shall be delivered at the contract price plus a "Premium" of not more than ten cents ($0.10) per gallon.

Contract(s) allows for a two percent (2o/o) variance before the fee applies. lf ordered amount meets the minimum order requirement but upon delivery the tank will not hold the minimum order quantity, the contractor may charge the Premium for Less Than Minimum Delivery on the amount delivered.

Deliveries for less than the minimum order quantity required for TANK TESTING will be considered noncontract and will not be purchased against this contract.

12. ORDER RECEIPT CONFIRMATION
The Contractorwill provide ordering agencies with an Order Receipt Confirmation, via e-mail or facsimile, within 48 hours of receipt of purchase document. The Order Receipt Confirmation shall include the following information:

Ordering Agency Name
Agency Order Number (Purchase Order Number)
Purchase Order Total Cost
Anticipated Delivery Date

13. DELIVERYSCHEDULES
Delivery for orders placed against this contract shall be in accordance with the following:

A. Locations
Delivery shall be made to the specified locations listed in Attachment B - Delivery Locations lists for Super Districts D, E, and F. All deliveries made in a tank wagon must be metered. Deliveries are to be made to the location specified on the individual purchase order, which may include, but not limited to inside buildings, high-rise office buildings, and receiving docks. a
Contract 1-18-91-02-B
User lnstructions
U.S. Mail Facsimile Emai
AAA Oil, lnc. dba California Fuels
and Lubricants
11621 Westminster Ave.

Garden Grove, CA 92843
(714) 530-4795
* co ntra cE @c af u e I i n g. c
l.

Page I 3/29/2022
Item No.7F

STATE OF CALIFORNIA

DEPARTMENT OF GENEML SERVICES
PROCUREMENT DIVISION Contract (Mandatory) 1-18-91 -02F3 Contract User lnstructions - Supplement 5
B. To add/delete/chanqe Deliverv Location
To add/delete/change delivery location(s) submit the Attachment C - Delivery Location Addition/Change Request Form" directly to the State's Contract Administrator.

C. Schedule
Delivery of ordered product shall be completed in full within three (3) working days after receipt of an order (ARO). Since receiving hours for each ordering agency will vary by facility, it will be the Contractor's responsibility to check with each facility for their specific delivery hours before delivery occurs. The Contractor must notify the ordering agency within 12 hours of scheduled delivery time, if delivery cannot be made within the time frame specified on the Order Receipt Confirmation. For Caltrans biodiesel fuel orders, driver must call one (1) hour prior to arrival (See Section 14).

Contractor is requested to make deliveries in Los Angeles County, Orange County, San Bernardino Metropolitan Area, and San Diego Metropolitan Area during off-peak hours. Off-peak hours are Monday through Friday, 10:00 AM to 4:00 PM.

D. Security Requirements
Deliveries may be made to locations inside secure institutional grounds (such as the California State Prisons) that require prior clearances to be made for delivery drivers. Since security clearance procedures for each facility may vary, it will be the Contractor's responsibility for contacting the secure location for security clearance procedures, hours of operation for deliveries and service, dress code, and other rules of delivery. Deliveries that are delayed due to drivers not being cleared to enter institutional grounds may result in Late Delivery fees.

E. Deliverv Equipment
Contractor will be required to make deliveries at the time specified in vehicles suitable for each individual location. These vehicles shall be equipped as required by applicable laws, rules or regulations with all components; such as connectors and hoses of the proper size, length, etc., necessary to successfully complete delivery. All delivery vehicles and/or trailers must have accurate metering equipment to enable State Personnel to veriff quantities delivered. lt is the responsibility of the contractor to veriff the proper connection and hose before the first delivery.

Note: Many of the delivery location are semi-remote and access may only be possible over narrow winding unpaved roads. These roads may often limit delivery to trucks without trailers and in some instances smaller than normal trucks may be required. A lack of familiarity with a delivery location will in no way relieve a contractor from their responsibility to fulfill the terms and conditions of the resulting contract.

F. Modification of Contract
Delivery sites may be added, changed or deleted as deemed necessary by DGS/PD (see Section 13.8.

To add/delete/change Delivery Location). Additional unlisted locations and/or tank changes may be required after original contract award. Differentials for those unlisted locations and/or tank changes shall be consistent with prices for the Super District they are being added to. Only tanks that are 500 gallons or more will be added to the resultant contracts. With the exception of smaller tanks already on Attachment B - Delivery Locations, tanks smaller than 500 gallons will be considered outside the scope of the contract.

14. QUALITY ASSURANCE PROVISION - SAMPLE COMPLIANGE REVIEW:

For Biodiesel (B5) fuel, Contractors shall be required to supply a sample of the delivered fuel for all Caltrans deliveries. ln accordance with Section 5.2 of Attachment E - State of California Bid Specifications, Specification No. 9130-4178D dated 1212712017, the sample shall be taken from the delivered fuel at the time of delivery prior to transferring fuel to a site storage tank. Caltrans site staff are required to be present at the time the sample is taken from the driver's truck. To ensure site staff are present, driver shall call the site contact listed on the purchase order within 60 minutes of arrival. Driver will be responsible for providing the sample container.

Contract 1-18-91-02-B
User lnstructions

Page 9 ends

Item No.7F

STATE OF CALIFORNIA

DEPARTMENT OF GENEML SERVICES
PROCUREMENT DIVISION Contract (Mandatory) { -18-91-028
Contract User lnstructions - Supplement 5
Sample container shall be aluminum with a tamper proof seal (reference Elemental Container, Aluminum Bottle Part #U11050 Fluorinated LDPE Plug, Part # F39PLUG and Cap, Part# 50CAP00 or equivalent). Sample will be a minimum of 1100 ml. Sample shall be labeled with the fueltype, delivery date, and time. The sample may be tested for compliance with Attachment E - State of California Bid Specifications, Specification No. 9130- 4178D for Biodiesel Blend 85 dated 12127117 . The state reserves the right to reject non-compliant fuel. lf the test analysis of sampled fuel indicates non-compliance, the supplier shall be responsible for all costs related to the test analysis, removal, and disposal of non-compliant fuel from affected site storage tanks. Contractor may also be liable for any equipment damaged as a result of non-compliant fuel.

For all other fuel types, in accordance with Section 5 of Attachment E - State of California Bid Specifications, Specification 9130-4178 A-D, any state agency, at its discretion, may request a sample of the delivered fuel for quality testing. lf the test results indicate the fuel is non-compliant with the specification for that fuel type, the supplier shall be responsible for all costs related to the test analysis, removal, and disposal of non-compliant fuel from affected site storage tanks. The State maintains the right to refuse delivery of non-compliant fuel.

15. EMERGENCY/EXPEDITED ORDERS and ADDITIONAL CHARGES:

A. Uroent Delivery
Contractor shall make urgent deliveries during regular working hours for minimum delivery requirements within two (2) working days ARO at NO ADDITIONAL COST to the State or local agencies. Urgent deliveries are not anticipated to occur often and should be kept to a minimum by the Ordering.

B. EmerqencyDeliveries
Deliveries requested outside the regular working hours of 8:00 AM to 5:00 PM and State observed holidays days shall be considered an emergency. Orders may be placed by telephone, followed by a purchase order sent to the Contractor by facsimile or US mail. Emergency delivery invoice must accompany the fuel invoice for payment of the emergency delivery fee. The emergency delivery charge shall not exceed $120.00 per delivery.

C. Demurraoe Charge
During normal delivery hours of 8:00 a.m. to 5:00 p.m. the Contractor's truck shall be admitted to the delivery site within five (5) minutes of arrival (excluding security requirements). lf the Contractor attempts to deliver fuel to a delivery site and the Contractor's truck is detained beyond the five (5) minute grace period at the delivery site for reasons such as locked gates, unavailable receiving personnel, etc. caused by the ordering agency the Contractor shall be entitled to Demurrage fee. Demurrage time shall be invoiced separately and supported by appropriate documentation (such as delivery logs, contact names).

Demurrage time invoice must accompany the fuel invoice for payment of the demurrage fee. The demurrage fee shall not exceed $2.50 per minute and not to exceed $150.00 per delivery. Charges, if applicable, will be applied to amount of time Contractor's truck was detained minus the five (5) minute grace period and not including time for security requirements.

D. Trip Charqe
During normal delivery hours of 8:00 AM to 5:00 PM the Contractor's truck upon arrival shall be admitted to the delivery site without delay. lf the Contractor attempts to deliver fuel to a delivery site and is not admitted to the delivery site for reasons beyond the Contractor's control caused by the ordering agency the Contractor shall be paid a trip charge fee. Trip charge time shall be invoiced separately and supported by appropriate documentation (such as delivery logs, contact names). A trip charge fee invoice must accompany the fuel invoice for payment of trip charge fee. The trip charge shall not exceed $250.00 per delivery.

Contract 1-18-91-02-B
User lnstructions

Page 10 ends

Item No.7F

STATE OF CALIFORNIA

DEPARTMENT OF GENEML SERVICES
PROCUREMENT DIVISION Contract (Mandatory) 1 -1 8-91 -028 Contract User lnstructions - Supp/ement 5
E. Standinq Time
The State shall be entitled to standing time for the purposes of unloading of not more than one (1) hour at no charge. A charge of $1.00 per minute shall be assessed for standing time in which the carrier's equipment is detained through no fault of the carrier in excess of the one (1) no charge hour. Charged time shall be supported with the appropriate documents. For payment to be processed the standing time billing must accompany the fuel billing on a separate invoice. Start time shall begin when the carrier is ready to hook up to the fuel tank. Standing time shall conclude when carrier disconnects or is finished loading fuel into the tank.

F. Premium for Less Than Minimum Delivery
Minimum delivery quantity shall be seventy percent (70%) of tank capacity for below ground tanks and sixty percent (60 %) of tank capacity for above ground tanks. Contract(s) will allow for a two percent (2%) variance before the fee applies. Deliveries for less than the minimum order quantity shall be delivered at the contract price plus a "PREMIUM" of not more than ten cents ($0.10) per gallon delivered. For payment to be processed the Less Than Minimum Delivery Fee billing must accompany, on a separate invoice, the fuel billing. Deliveries for less than the minimum order quantity required for "TANK TESTING' will not be purchased against any contract resulting from this solicitation. lf ordered amount meets the minimum order requirement, but upon delivery, the tank will not hold the minimum order quantity, the contractor may charge the Premium for Less Than Minimum Delivery on the amount delivered.

G. Late Delivery
The parties to this agreement acknowledge that the ordering agency shall incur actual damages should the supplier fail to deliver the fuel as specified in the contract delivery requirements. Late Delivery charges must be supported by appropriate documentation (such as delivery logs, contact names). lt is agreed that the supplier will pay the Ordering Agency twenty-five cents ($0.25) per gallon per order for late delivery of fuel and the Ordering Agency will make an adjustment to be reflected on the invoice. Normal delivery working hours are 8:00 AM to 5:00 PM Monday through Friday, except State observed holidays.

H. Winterization
Winterization shall be available for purchase from the Contractor during the winter months which typically start the month of October through the month of April each contract year (may vary depending on location). The purchase is available for life of the contract, including any contract extensions. The purchase of winterization shall be added to fuel authorized only by State of California Departments and participating local agencies, at a cost of five cents ($0.0S1 per gallon.

16. FREE ON BOARD (F.O.B.) DESTTNATTON
All prices are F.O.B. destination; freight prepaid by the Contractor, to the ordering organization's receiving point. Responsibility and liability for loss or damage for all orders will remain with the Contractor until final inspection and acceptance, when all responsibility will pass to the ordering organization, except the responsibility for latent defects, fraud, and the warranty obligations.

17. SHIPPED ORDERS
All shipments must comply with General Provisions (rev 06/08/2010); Paragraph 12 entitled "Packing and Shipment."

18. tNVOtCtNG
Ordering agencies may require separate invoicing, as specified by each ordering organization. lnvoices will contain the following information:

Contractor's name, address and telephone number
Leveraged Procu rement Nu m ber (Contract N um ber)
Contract 1-18-91-02-B
User lnstructions

Page 11 ends

Item No.7F

STATE OF CALIFORNIA

DEPARTMENT OF GENEML SERVICES

PROCUREMENT DIVISION
Contract 1-18-91-02-B
User lnstructions
Contract (Mandatory) 1 -1 8-91 -02B
Contract User lnstructions - Supplement 5
. Agency Order Number (Purchase Order Number)
. Line ltem Number
. ltem and commodity code number
. Description
. Quantity purchased
. County of purchase
. Contract unit price and extension
. State sales and/or use tax
. Prompt payment discounts/cash discounts, if applicable . County of purchase
. Totals for each order
lnvoices and payments shall be for net metered gallons delivered. Contractor must charge the agency for net metered gallons delivered only. Contractor shall provide with invoice a copy of a receipt of gallons delivered.

Additionally, a copy of the "Bill of Lading" from the fuel terminal shall accompany all invoices for "Truck and Trailef' deliveries.

These taxes shall be listed separately on invoices and shall not be a component of the differential price. Any and all Charges, Levies and or Fees not listed below shall be listed a component of the differential price.

All Differential prices quoted shall be: Exempt from: Federal Excise Tax. State of California will furnish applicable exemption certificate upon
request from supplier.

Exclusive of: State Sales Tax, LocalSales Tax,
California Motor Vehicle Fuel Tax,
Leaking Underground Storage Tank
Tax, Oil Spill Liability Trust Fund Tax,
CAR Cost Fee, LCFS Cost Fee, AB
32 fees.

19. PAYMENT
A. Terms
Payment terms for this contract are net forty-five (45) days. Payment will be made in accordance with the provisions of the California Prompt Payment Act, Government Code Section 927, et seq. Unless expressly exempted by statute, the Act requires State departments to pay properly submitted, undisputed invoices not more than forty-five (45) days after the date of acceptance of goods, performance of services, or receipt of an undisputed invoice, whichever is later.

B. Government Code Section 927.11 (a):

Galifornia Prompt Payment Act; ln addition to Paragraph 30 "Required Payment Date" of the General Provisions the below also apply:

Except in the case of a contract with a certified small business, a nonprofit organization, or a nonprofit public benefit corporation, if an invoice from a business under a contract with the California Department of Forestry and Fire Protection (CDF) would become subject to late payment penalties during the annually declared fire season, as declared by the CDF Director, then the required payment approval date shall be extended by 30 calendar days. Therefore, the above provides CDF with a payment due date of 45 davs olus 30 days for a total of 75 davs.

Note: Contractors have the option to reject orders from CDF during fire season.

Page 12 ends

Item No.7F

STATE OF CALIFORNIA

DEPARTMENT OF GENEML SERVICES
PROCUREMENT DIVISION Gontract (Mandatory) 1-18-91 -028
Contract User lnstructions - Supplement 5
C. GAL-Card Use
Use of the CAL-Card for payment of invoices is not allowed under this statewide contract.

D. Pavee Data Record
Each State accounting office must have a copy of the Payee Data Record (Std. 204) in order to process payments. State departments should forward a copy of the Std. 2041o their accounting office(s).

Without the Std. 204, payment may be unnecessarily delayed. State departments should contact the Contractor for copies of the Payee Data Record.

20. CALIFORNIA SELLER'S PERMIT
The California seller permit number for the Contractor is listed below. State departments can verify that permits are currently valid at the following website: www.cdtfa.ca.qov. State departments must adhere to the file documentation required identified in the State Contracting ManualVolume 2 and Volume 3, as applicable.

Gontractor Name Seller Permit#
AAA Oil, lnc. dba California
Fuels and Lubricants.
1 00-538640

21. RECYCLEDCONTENT
There is no recycled content for this contract.

22. SMALL BUSINESS/DISABLED VETERAN BUSINESS ENTERPRISE PARTICIPATION The small business (SB) and disabled veteran business enterprise (DVBE) certifications and percentages for the Contractor(s) and subcontractor(s) are listed below. State departments can verify that the certifications are currently valid at the following website : www. caleprocure. ca.qov Name Prime or
Subcontractor
osDs
Gertification #
SB
Percent (%)
DVBE
Percent (%)
Semper Fuels LLC Subcontractor 1445180 25Yo N/A
State departments shall confirm with the Contractor the exact percentage amount of SB and/or DVBE for each individualorder.

23. ATTACHMENTS
Attachment A - Contract Pricing & Additional Special Charges (2 pages) Revised 11t2t2020
Attachment B - Delivery Locations (Super Districts D, E, and F) Attachment C - Delivery LocationsAddition/Change Request Form Attachment D - Request for Fuel Rate lnformation
Attachment E - State of California Bid Specifications:
. Gasoline, Unleaded Regular Specification No. 9130-4178A, dated 0110812018 . Diesel Fuel, Type 2-D, Specification No. 9130-4178B, dated 0111612018 . Fuel Ethanol E-85 Specification No. 9130-4178C, dated 0110812018 . Biodiesel Blend 85 Specification No. 9130-4178D, dated 1212712018 Contract 1-18-91-02-B
User lnstructions

Page 13 ends

Item No.7F

CONEJO VALLEY UNIFIED SCHOOL DISTRICT

VEHICLES-EQUIPMENT
ASSET # DIST.# MAKE YR. LICENSE SERIAL NO. REMARKS DRIVER LOCATION 1 61934 PT-52 GMC ¾ TON 1989 E999330 1GDGC24K5KE547506 HD Equip (Fuel Truck) M&O 2 64901 PT-60 CHEVY ¾ TON 1996 E1023254 1GCGC24R5TE191366 TOHS TOHS 3 68613 PT-70 GMC ¾ TON 1989 E1023281 1GDGC24K2KE548211 NPHS NPHS 4 70412 PT-73 CHEVY ¾ TON 1994 E1023298 1GBGC24KXRE192674 Grnds (Matt Waldman) TOHS 5 82340 PT-74 CHEVY ¾ TON 1991 E1023299 1GBGC24K3ME140036 Grnds. Lead (Alvaro Valdez) NPHS 6 76823 PT-78 FORD RANGER 1998 E1065845 1FTYR14U1WPA29700 Custodial (Kenny Woods) 750 Mitchell 7 77089 PT-80 CHEVY ¾ TON 1996 E1097750 1GCGC24R5TE251095 Grnds Lead (Mark Herbert) WHS 8 77858 PT-81 CHEVY ¾ TON 1995 E1097759 1GCGC24N9SE123891 Maint (Donnie Quiroz) WHS 9 82341 PT-84 CHEVY 1 TON 1995 E1097767 1GBGC34K1SE180442 Hvac (Bryan McLaren) 750 Mitchell 10 72930 PT-85 CHEVY 1 TON 1994 E1176902 1GDGC34K8RE522888 Mechanic (Randy Mulhern) 750 Mitchell 11 72931 PT-86 CHEV 3/4 TON 1995 E1135763 1GDGC24K7SE536989 Pools (Ignacio Aragon) NPHS 12 82342 PT-87 FORD RANGER 2000 E1154751 1FTYR14X1YPA38104 Back-up 750 Mitchell 13 82344 PT-89 CHEVY 3/4 TON 1998 E1277369 1GBGC24R7WE164176 Maint. (Chris Bowden) 750 Mitchell 14 82345 PT-90 CHEVY 3/4 TON 1995 E1297314 1GBGC24K7SZ268771 Maint. (Eric Hudland) 750 Mitchell 15 82346 PT-91 CHEVY 1 TON 1997 E1277368 1GBGC34R8VF034325 Back-up 750 Mitchell 16 97463 PT-92 CHEVY 3/4 TON 2003 E1308630 1GBHC24U87E128491 Maint (Mike Bunde) 750 Mitchell 17 97464 PT-93 CHEVY 3/4 TON 2007 E1308629 1GBHC24U13E216986 Irrigation (Sam Tellez) Conejo 18 101162 PT-94 CHEVY 3/4 TON 2007 E1238171 1GBHC24U27E128969 Irrigation (Steve Navarette) Conejo 19 101336 PT-95 FORD F-250 2010 E1277396 1FDSX2A53AEA95940 Maint (Clint Haverlah) 750 Mitchell 20 101337 PT-96 FORD F-250 2010 E1277397 1FDSX2A53AEA95941 Electrian (Donnie Rameriz) 667 Rancho 21 101338 PT-97 CHEVY 3/4 TON 2010 E1325300 1GBHC44K49E138688 Irrigation (Pat Doyle) Conejo 22 101752 PT-98 FORD F-250 2010 E1277392 1FDNF2A59AEA95944 Painter (Brett Tamborri) 750 Mitchell 23 101753 PT-99 FORD F-250 2010 E1277393 1FDNF2A57AEA95943 Electrician (Rob Wiener) 750 Mitchell 24 101754 PT-100 4WD 2010 E1343299 1FTSX2B59AEA83005 HD Equip (Matt Payette) Conejo 25 101755 PT-101 4WD 2010 E1343298 1FTSX2B50AEA83006 Mechanic (Dustin Robison) 750 Mitchell 26 101978 PT-102 FORD F-250 2017 E1524006 1FDBF2A68HED46703 Painter (Matt Stevenson) 667 Rancho 27 101977 PT-103 FORD F-250 2017 E1524005 1FDBF2A66HED46702 Grnds (Grounds Crew #3) TOHS 28 101976 PT-104 FORD F-250 2017 E1524008 1FDBF2A61HED46705 Grnds (Grounds Crew #2) NPHS 29 101975 PT-105 FORD F-250 2017 E1524007 1FDBF2A6XHED46704 Grnds (Grounds Crew #1) WHS Revised 4/21
ATTACHMENT #2
Item No.7F

CONEJO VALLEY UNIFIED SCHOOL DISTRICT

VEHICLES-EQUIPMENT
ASSET # DIST.# MAKE YR. LICENSE SERIAL NO. REMARKS DRIVER LOCATION 30 102032 PT-106 CHEVY 1500 2011 E1358014 1GCNCPE03BF154359 Maint (Mike Stanford) 750 Mitchell 31 108001 PT-107 CHEVY 3/4 TON 2011 E1308667 1GB2CVCGXBZ206726 Maint. (Kurt Scheffler) 750 Mitchell 32 106989 PT-108 CHEVY 1500 2011 E1363937 1GCRKPE30BZ219990 Pest Control (Enrique Brisley) 750 Mitchell 33 105121 PT-109 CREW 2019 E1552407 1FD8W3E69KEC82558 Grnds (Crew #1) WHS 34 105122 PT-110 CREW 2019 E1552408 1FD8W3E67KEC82560 Grnds (Crew #2) NPHS 35 105123 PT-111 CREW 2019 E1562007 1FD8W3E60KEC82559 Grnds (Crew #3) TOHS 36 106388 PT-112 CHEVY 3/4 TON 2012 E1308672 1GB2CVCGXCZ180677 Maint (Allen Woods) 750 Mitchell 37 106389 PT-113 CHEVY 3/4 TON 2012 E1308678 1GC2KVCG0CZ195039 Planning (Ron Alessi) 750 Mitchell 38 108002 PT-114 CHEVY 3/4 TON 2012 E1308675 1GB2CVCG4CZ180626 Maint (Mike Tufto) 750 Mitchell 39 108003 PT-115 CHEVY 3/4 TON 2003 E1140452 1GCHC24U73E217782 Grmds (Josh Putnam) Conejo 40 108004 PT-116 CHEVY 3/4 TON 2013 E1390853 1GC2CVCG9DZ195930 Maint (Allen Penn) 667 Rancho 41 108005 PT-117 CHEVY 1500 2009 E1323210 1GCEC19019Z164047 Grnds (Janice Donald) 750 Mitchell 42 108006 PT-118 FORD F-250 2010 E1277395 1FDNF2A55AEA95942 Maint (Pepe Madina) 750 Mitchell 1 76167 V-24 CHEV 1996 E1065828 1GNDM19W2TB173196 Back-up 750 Mitchell 2 76811 V-26 CHEVY 1994 E1065838 1GCDM19Z7RB177451 Custodial (Kenny Woods) 750 Mitchell 3 83500 V-30 FORD E-250 2010 E1277419 1FBNE3BL8ADA51843 Warehouse (James B) 750 Mitchell 4 101980 V-31 FORD TRANSIT 2017 E1524003 1FTYR1CM9HKA71968 Nutrition (Troy Pulliam) Park Oaks 5 101981 V-32 FORD TRANSIT 2017 E1524004 1FTYR1CM8HKA30618 Nutrition (Jaimie) Park Oaks 6 102033 V-33 FORD E-350 2008 E1277366 1FBSS31L08DA39368 Outdoor School 750 Mitchell 7 108008 V-34 FORD TRANSIT 2013 E1544550 NM0LS7BN3DT151795 Custodial (Tish Hiott) 750 Mitchell 8 106993 V-35 250 2018 E1532911 1FTYR1CM1JKA35147 Maint. (Rick Blake) 667 Rancho 9 105238 V-36
DODGE
CARAVAN 2017 E1559434 2C4RDGEG8HR789817 Special Ed (NPHS) NPHS 10 105239 V-37 CARAVAN 2017 E1559370 2C4RDGEG6HR699419 Special Ed (Adult Ed) Waverly 11 105250 V-38 CARAVAN 2017 E1559594 2C4RDGEG8HR798825 Special Ed (TOHS) TOHS 12 105251 V-39 CARAVAN 2017 E1559595 2C4RDGEGXHR841934 Special Ed (WHS) WHS 13 106368 V-40 FORD EDGE 2014 E1559792 2FMDK3JC9EBB30950 Planning (Ken Thomas) 750 Mitchell 14 106380 V-41

FORD TRANSIT
250 2018 E1564172 1FTYR2XM8JKA68002 Locksmith (Ronald Berru) 667 Rancho V-VAN
Revised 4/21
Item No.7F

CONEJO VALLEY UNIFIED SCHOOL DISTRICT

VEHICLES-EQUIPMENT
ASSET # DIST.# MAKE YR. LICENSE SERIAL NO. REMARKS DRIVER LOCATION 15 106440 V-42

FORD TRANSIT
150 2019 E1577336 1FTYE1CM8KKA21100 Special Ed (Adult Ed) Waverly 16 106473 V-43 FORD TRANSIT 2015 E1308682 NM0LS7F70F1187809 Tech Svcs 750 Mitchell 17 106987 V-44 FORD TRANSIT 2020 E1603329 1FTBR1C86LKA74635 Nutrition (Chava Elsavador) Park Oaks 18 106990 V-45 FORD TRANSIT 2020 E1603357 1FTBR1C83LKA69067 Nutrition (Joseph Dulos) Park Oaks 19 105670 V-46 FORD TRANSIT 2 2019 E1614467 1FTYR2XM8KKA48270 Plumber (Shon Pallen) 750 Mitchell 20 106991 V-47 250 2020 E1617918 1FTBR1C88LKB72369 Nutrition Park Oaks 21 106988 V-48 250 2021 E1617917 1FTYE1C85MKA03207 Nutrition (Bob Maloney) Park Oaks 1 83770 T-24 truck) 1995 E1373512 1GBGH1J6SJ102634 M&O Conejo 2 101168 T-25 FORD 2008 E1423313 1FDXF46YX8E86445 Plumber (Joe Smith) 667 Rancho 3 41708 T-27 INTERNATIONAL 2011 E1484790 1HTMMAAM8BH283719 M&O (Matt Payette) Conejo 4 101979 T-28 FORD E-350 2017 E1514478 1FDWE3FS9HDC29234 Carpenter (John Noble) 667 Rancho 5 101982 T-29

FORD TRANSIT
350 2017 E1514477 1FDRS6PM3HKA06481 Hvac (Trevor Lawrance) 667 Rancho 6 106992 T-31

FORD TRASNIT
350 2018 E1533187 1FDRS6PM1JKA73635 Hvac (Josh McCloud) 750 Mitchell 7 108007 T-32 CHEVY 3500 2006 E1200389 1GBJC34U16E193818 Maint (Steak Bed) Conejo 8 106986 T-33 FORD F-550 2020 E1615378 1FDUF5GN0LDA14178 Warehouse (Shane Launer) 750 Mitchell

TRACTOR
1 97454 545C FORD 1990 N/A A407839 M&O Tractor Conejo
2 64993 510B JOHN DEERE 1983 N/A T0510BB706578 M&O Back Hoe Conejo 3 83035 323D JOHN DEERE 2010 N/A T0323DM182265 M&O Skid Steer Conejo 4 83027 TX427 TORO 2009 N/A 22322-280000125 M&O Dingo Conejo 5 101334 LV80 NEW HOLLAND 2006 N/A LLV001614 M&O Tractor TOHS 6 106767 TX525 TORO 2021 N/A 405596445 M&O Dingo Conejo MOWER
1 83851 5910 TORO 2011 N/A 312000110 Conejo Yard Large Mower Conejo 2 105092 5910 TORO 2018 N/A 403381233 Conejo Yard Large Mower NPHS 3 74570 328D TORO 2007 N/A 30626-270000119 M&O Small Mower NPHS

T-TRUCK
Revised 4/21
Item No.7F

CONEJO VALLEY UNIFIED SCHOOL DISTRICT

VEHICLES-EQUIPMENT
ASSET # DIST.# MAKE YR. LICENSE SERIAL NO. REMARKS DRIVER LOCATION 4 101827 DS-1 Ex-Mark 2017 N/A LZS902DKU605A1 M&O (Grounds Crew #1) WHS 5 101828 DS-1 Ex-Mark 2017 N/A LZS902DKU605A1 M&O (Grounds Crew #2) NPHS 6 105059 DS-1 Ex-Mark 2018 N/A LZF902DKU605A1 M&O (Grounds Crew #3) TOHS Revised 4/21
Item No.7F
TO: Andrew P. Powers, City Manager
FROM: Tim Giles, Human Resources Director
DATE: June 28, 2022
SUBJECT: FY 2022-23 Insurance Renewals
RECOMMENDATION:

2. Authorize expenditure in an amount not to exceed $596,200 from A/C #711- 0520-686-6312 (Internal Service Fund: Liability) as follows: $581,900 for payment of premiums for excess liability insurance, $6,300 for renewal of deadly weapon response insurance, $6,700 for special event insurance, and $1,300 for renewal of aircraft (drones) insurance.

3. Approve additional budget appropriation to Adopted FY 2022-23 General Fund Budget in the amount of $31,500 from A/C #001-0000-311-1000 (General Fund – Fund Balance) to A/C #001-0520-612-6312 (General Fund – Insurance General Liability Premium) for renewal of liability insurance.

4. Approve additional budget appropriation to Adopted FY 2022-23 Liability Fund Budget in the amount of $31,500 from A/C #711-0520-486-0000 (Internal Service Fund - Liability Revenue) to A/C #711-0520-686-6312 (Internal Service Fund - Liability) for renewal of liability insurance.

5. Authorize expenditure in an amount not to exceed $108,300 from A/C #712- 0520-686-6321 (Internal Workers Compensation Fund) for renewal of excess workers’ compensation insurance.

6. Authorize expenditure in an amount not to exceed $4,500 from A/C #001-0520- 612-6340 (Internal Service Fund: Liability) for renewal of government crime insurance.

Item No.7G
FY 2022-23 Insurance Renewals
June 28, 2022

Page 2 ends

FINANCIAL IMPACT:
$31,500 Increase to Adopted FY 2022-23 General Fund and Liability Fund Budgets. $31,500 additional budget appropriation necessary from General Fund - Fund Balance, to be transferred to the Liability Fund to fully offset increase in Liability Fund expense. $2,086,600 is included in the Adopted FY 2022-23 General Fund, Library Fund, ECTA Fund, Landscape Fund, Water Fund, Wastewater Fund, Transportation Fund, Solid Waste Fund, and Internal Service Fund Budgets for payment of excess liability, deadly weapon response, special event, aircraft (drone), excess workers' compensation insurance, government crime, property, and earthquake policies. Premium costs shall be proportionately allocated to each respective fund.

BACKGROUND:

The Human Resources Department is responsible for managing the risk of City operations including the purchase of insurance policies to mitigate such risks.

Purchasing insurance helps protect the City from potential loss which could result from liability claims, automobile accidents, cyber-attacks, and/or workers’ compensation injuries. Staff identifies opportunities to mitigate potential risk and analyzes the coverage needed to minimize adverse impacts of potential exposure.

The City is self-insured for liability up to $1.0 million per occurrence and purchases excess liability coverage up to a $25.0 million aggregate limit. The City is also selfinsured for workers' compensation, assuming responsibility for the first $0.5 million in claim expense per injury, per employee.

Since 2003, the City has utilized Alliant Insurance Services, Inc. (Irvine, CA) for the City’s insurance purchase needs. This year, Alliant was re-selected to serve as the City’s insurance brokerage via “piggyback” agreement utilizing the City of Torrance, CA’s competitive selection process for a six-year period beginning July 1, 2022, through June 30, 2028, with the possibility to extend for an additional one, three-year term. Alliant’s commissions are earned via insurance premiums, with a City favorable not-to-exceed percentage of 6.0%.

Alliant specializes in representing the needs of public agencies. Alliant provides the City with insurance brokerage services by assisting staff in marketing our insurance needs and identifying the best insurance options available for the City.

Item No.7G
FY 2022-23 Insurance Renewals
June 28, 2022

Page 3 ends

Additionally, they help to ensure that all viable policy options are considered, and perform typical brokerage services such as underwriting, marketing, and placing various lines of insurance. With the exception of special event insurance (expires September 29, 2022), current insurance policies, purchased via Alliant, expire either June 30, 2022 or July 1, 2022.

DISCUSSION/ANALYSIS:

The City continues to face an increasingly complex array of risk and remains aggressive in pursuing a variety of insurance coverage to best meet the needs of the City. To assist in the analysis of policies available at the best cost and value for the City, Alliant obtains proposals directly from carriers in the insurance market, as well as provides options for insurance purchases via joint purchase agreements and risk sharing pools.

The City has received written proposals for aircraft (drones), excess workers’ compensation, deadly weapon, government crime, property, and earthquake insurance and is currently in the process of receiving finalized, written proposals for excess liability and special events insurance. Insurance policies are proposed after Alliant completes the extensive marketing, vetting, and negotiation of bid proposals. However, to assure the ability to make timely decisions to bind insurance coverage prior to the expiration of the existing policies, staff is seeking limited delegation of contract authority to allow staff to secure insurance in a timely manner. Overall, insurance premiums are anticipated to increase by approximately 11 percent. Increasing rates are in response to insurance carriers experiencing billions of dollars in losses due to worsening climate disasters, increases in claims, and surging inflation. The following list of insurance policy renewals are proposed:

Excess Liability Insurance
Pending final, written proposals, staff is currently recommending continuing to purchase excess liability insurance through PRISM, with a coverage limit of $25.0 million and a self-insured retention of $1.0 million. Contracting authority is not to exceed $581,900; an anticipated increase of approximately 11 percent. As a pooled-authority, unused premiums are returned to participating members, or a call for additional premiums would exist in the unlikely event that covered losses exceed pooled premiums collected.

Deadly Weapon Response Program
The City participates in the Alliant Deadly Weapons Response Program, which provides coverage up to $0.5 million for resources in the event of a deadly weapon incident. This includes costs such as counseling support and loss of use for vehicles or facilities that may be unavailable during a criminal investigation in a covered incident. Staff recommends continuing participation in the Alliant Deadly Weapon Response Program. Staff is requesting contracting authority not to exceed $6,300.

Item No.7G
FY 2022-23 Insurance Renewals
June 28, 2022

Page 4 ends

Special Event
The special event liability insurance provides comprehensive liability insurance for specific events held on the City’s premises and covers items such as personal and advertising liability, fire damage, and medical payments. A special event liability insurance policy, through Alliant’s joint powers authority and with no risk sharing is recommended. Contracting authority is requested not to exceed $6,700.

Aircraft (Drones) Insurance
Unmanned aircraft insurance for drones is a type of coverage intended to protect the aircraft itself as well as the aircraft owner (City) against claims due to damage to personal property or accidental injury. The City utilizes drones for various film production and inspection needs. Staff recommends continuing to purchase unmanned aircraft insurance via Alliant with a not to exceed premium of $1,300 for FY 2022-23. This low-cost rate is a result of a new member premium carryover, as the City initially joined this program in January of 2022.

Excess Workers' Compensation Insurance
Coverage for excess workers' compensation has been provided by Arch Insurance Company with coverage up to the limits prescribed by statute for costs exceeding the City's self-insured retention of $0.5 million. The City's excess workers' compensation insurance premium is based on the City's payroll and will vary as the City's payroll changes. The rate will increase by approximately 4.5 percent due to a proportional increase in projected City payroll for FY 2022-23. Staff recommends purchasing excess workers' compensation insurance from Arch Insurance Company. Staff is requesting contracting authority not to exceed $108,300.

Government Crime Insurance
Staff recommends continuing to purchase government crime insurance through Alliant with a standard deductible amount of $2,500 and a $1,000,000 limit.

Government crime insurance coverage is broad and includes items such as theft, forgery, and/or fraud. The rate has increased by 5 percent. Staff is requesting contracting authority not to exceed $4,500.
"All Risk" Property Insurance
The insurance is currently placed with the Alliant Property Insurance Program (APIP), and includes cyber, and flood hazards. APIP is a municipal joint purchasing group that combines cities/agencies under one insurance program to provide a broad level of coverage with the benefit of premium discounts. It is recommended that the City maintain property insurance coverage through the APIP program with a standard deductible of $10,000, with a deductible of $25,000 for vehicles.

Property insurance is anticipated to increase by approximately 16 percent. Staff is requesting a contracting authority not to exceed $1,035,600.

Item No.7G
FY 2022-23 Insurance Renewals
June 28, 2022

Page 5 ends

"Earthquake" Property Insurance
A "differences in conditions" policy covers earthquake damage to property. The insurance is placed with Arrowhead and is distributed amongst 3 carriers. It is recommended that the City maintain this separate policy for $50.0 million in earthquake coverage outside of the APIP program. Earthquake insurance premiums have increased by approximately 5 percent. Staff is requesting contracting authority not to exceed $373,500.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goal:

PREPARED BY: Brian O'Neill, Assistant Human Resources Analyst HRD:180-30\bo\H:\COMMON\Insurance\2022-2023\Staff\Report\06282022Staff Report Insurance Renewals.docx Item No.7G
TO: Andrew P. Powers, City Manager
FROM: Clifford G. Finley, Public Works Director
DATE: June 28, 2022
SUBJECT: Fats, Oils, and Grease Facility Improvements Project (CI 5441) RECOMMENDATION:

1. Authorize staff to advertise for construction bids for the Fats, Oils, and Grease Facility Improvements Project (CI 5441).

FINANCIAL IMPACT:

No Additional Funding Requested. Minimal staff time and costs required to advertise for bids are included in the Adopted FY 2021-22 Wastewater Fund Budget. $2,970,000 is included in the Adopted FY 2021-23 Wastewater Capital Fund Budget. Estimated total project cost is $4,320,000. Additional funding for construction costs will be requested at the time of construction contract award depending on bids received.

BACKGROUND:

The City’s Hill Canyon Treatment Plant (HCTP) is located at 9600 Santa Rosa Road and provides tertiary level wastewater treatment for the community. HCTP has been receiving Fats, Oils, and Greases (FOG) since late 2007 from a variety of haulers for the purpose of augmenting biogas production for renewable energy generation through the onsite cogeneration system. From 2007 to 2011, various pump pits and temporary tanks were utilized for FOG reception, and in 2011, a FOG receiving station was built at the facility. From 2011 to present, the FOG receiving station has undergone several minor modifications and upgrades.

The FOG system is just one component of the HCTP renewable energy system. The system is comprised of the FOG station, the anaerobic digesters and the cogeneration system, the existing 584-kilowatt solar array, and a future Item No.7H
FOG Facility Improvements Project (CI 5441)
June 28, 2022

Page 2 ends

microgrid with battery storage. Digester gas is utilized as a fuel source for the cogeneration system to generate both electricity and heat. The electricity produced from the cogeneration system is used to supply a portion of the facility’s energy demand and reduces the amount of power that is purchased from Southern California Edison. In addition, the heat generated from the cogeneration system is utilized to heat the anaerobic digesters, as well as the facility’s administration building.

The addition of FOG to the treatment plant is a critical element for the renewable energy initiatives. The conventional wastewater treatment process includes a solid waste stream, which is sent to anaerobic digesters for processing. The FOG is mixed with this solid waste stream. When decomposed in the anaerobic digesters, FOG augments the quantity of flammable gas produced, which in turn increases the potential for renewable energy production through the cogeneration system. This process takes a waste product and uses it to create an energy source.

One third of the digester gas produced is attributable to the addition of FOG. The City currently produces around three million kilowatt hours of electricity from cogeneration each year, which reduces the City’s energy costs by approximately $250,000 annually. This savings amount will likely increase in the future with completion of the microgrid and battery storage project.

The FOG is delivered to the HCTP from restaurants and facilities that generate FOG. Rather than allowing FOG to flow into the City’s wastewater collection system, which could lead to sanitary sewer blockages and overflows, FOG is captured at each restaurant using onsite grease interceptors and hauled away for disposal. Prior to HCTP accepting FOG in 2007, the primary locations for disposal were at rendering facilities located in Los Angeles County. HCTP’s acceptance of FOG in 2007 provided a local option for a limited amount of FOG disposal. The City also imposed a tipping fee, which is the fee charged to those who wish to dispose of FOG at HCTP, which was lower than the rendering facility tipping fees.

Local acceptance of FOG reduced disposal cost for restaurants and FOG haulers and resulted in fewer transport miles. The acceptance of FOG also created a revenue stream to assist in covering the costs of operation and maintenance of the receiving station. The City currently receives approximately $400,000 per year in tipping fees from contracted haulers who bring FOG to HCTP. Since 2007, the FOG program has generated over $4,200,000 in tipping fees for the City.

The HCTP Master Plan (Master Plan) was completed in 2020, which was used to evaluate the treatment process and existing infrastructure, and provide a capital improvement plan to upgrade the HCTP facility as needed to serve the community well into the future. In addition to the primary wastewater treatment focus, other elements of the treatment plant and infrastructure were evaluated, and among those was the renewable energy portfolio. Recommendations from the Master Plan included making improvements to the cogeneration system, the FOG receiving Item No.7H
FOG Facility Improvements Project (CI 5441)
June 28, 2022

Page 3 ends

station, and the solar array. Projects related to the solar array and the cogeneration system are being planned for future capital projects. Prior to upgrading the cogeneration system, one of the recommendations from the Master Plan is to design and construct a reliable FOG receiving station that includes new technologies/equipment with expansion potential to serve the facility’s needs into the future. The existing receiving station is undersized for the current volume and frequency of FOG deliveries, lacks redundancy in critical components, is situated relatively far from the anaerobic digesters, and is only partially automated which requires significant labor hours to monitor and control FOG deliveries and injection into the digesters.

On April 27, 2021, City Council approved an agreement with MKN & Associates, Inc., (MKN) of Arroyo Grande, CA, to perform the engineering design services and preparation of construction contract documents for the FOG Facility Improvements Project.

DISCUSSION/ANALYSIS:

The project consists of construction of a new FOG facility including, but not limited to procurement, installation and start-up of storage tanks, pumps, odor control, heat exchanger, screening equipment, concrete pads, routing of new piping and conduits, connection to existing piping, electrical panels, instrumentation, new lighting, and security cameras.

Due to the long lead time to manufacture and deliver essential screening equipment needed for this project, a Request for Bids, Specification #2021/2022- 12 and titled, FOG Screening Equipment, was publicly advertised on April 8, 2022, and on April 27, 2022, one bid was received as follows:

Met
Vendor Bid Specifications
Yes No
Huber Technology, Inc. (Denver, NC) $422,663.89 
Staff reviewed the bid submitted by Huber Technology, Inc., and verified that the screening equipment is in full compliance with the requested specifications. Staff recommends that Council award the purchase contract to Huber Technology, Inc.

Item No.7H
FOG Facility Improvements Project (CI 5441)
June 28, 2022

Page 4 ends

The tentative schedule for completion of the project is as follows:

Bidding July/August 2022
Award of construction contract September 2022
Start construction Fall 2022
Construction completion Fall 2023
The estimated project costs are as follows:

FOG Design and Engineering (previous) $398,023.00
FOG Screen Equipment Purchase (this action) $422,663.89 FOG Construction Phase Estimate (future) $3,500,000.00
Total Estimated Cost $4,320,687.00
The overall project cost (including contingencies, design services during construction/testing, and project management) is estimated at $4,320,687. Additional appropriation at the time of construction award will be requested if necessary, depending on the actual bids received.

The project plans and specifications were completed by MKN and reviewed by City staff and are available for review upon request to the Public Works Department by e-mail at [email protected] or by phone at (805) 449-2400.

It is recommended that the project be advertised for bid. Once bids are received, a recommendation will be made at a future City Council meeting for award of the construction contract.

Community Outreach: This project will be limited to work at the HCTP and is not expected to impact any neighboring residences. The work will be at the north end of the plant and will have limited impact to plant operation. Construction related impacts to hiking trail users will be minimal.

This project meets City Council’s Top Ten Priorities #9 to, “Adopt and implement two-year Operating and Capital Improvement budgets that are aligned with best practices on fiscal sustainability and financial resiliency. Make strategic investments in existing critical public works infrastructure including pavement management, sidewalks, water resources, and streetscape.” CIP PROJECT PRIORITY (as outlined in FY 2021-22 and FY 2022-23 CIP Program Budget)
Priority Two – Necessary, but not essential, and there could be consequences if deferred.

Item No.7H
FOG Facility Improvements Project (CI 5441)
June 28, 2022

Page 5 ends

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goal:

PREPARED BY: Nader Heydari, Deputy Public Works Director Attachment:

Attachment #1 – Vicinity and Location Map
DPW: 850-20\cg\dlz\ev\Council\2022\062822\CI 5441\FOG Facility Improvements Project.docx Item No.7H
Secondary Clarifiers
Digesters
Primary
Clarifiers
Cogeneration Engines
Primary
Clarifiers
Thickening Building
Arroyo Conejo
Wetlands
Solar Panels
Biosolids Drying
(to be abandoned)
Bioreactors
Chlorine Contact Channel
Flow Equalization Basins
Operations Building
Bioreactor Basins
Filters
Dewatering / Generator Building
0 300 600 150
Feet
HILL CANYON ±

WASTEWATER TREATMENT PLANT
'3:
?FJ?GO]?HY?&RXQFLO???&,?$WWDFKPHQW9LFLQLW\DQG/RFDWLRQ0DSSGI

PROJECT LOCATION

HILL CANYON TREATMENT PLANT

PROPOSED IMPROVEMENT

HILL CANYON

TREATMENT PLANT
ATTACHMENT #1
Item No.7H
TO: Andrew P. Powers, City Manager
FROM: Jaime Boscarino, Finance Director
DATE: June 28, 2022
SUBJECT: Residential Wastewater Service Charges on Property Tax Roll RECOMMENDATION:

23. Two-thirds vote required.

FINANCIAL IMPACT:

No Additional Funding Requested. An estimated cost of $6,199 is included in the Adopted FY 2022-23 Wastewater Fund Budget for billing services provided by the County of Ventura. Minimal staff time to prepare the report is also included.

BACKGROUND:

On April 13, 2021, City Council approved the collection of single-family residential wastewater service charges through the Ventura County Secured property tax roll with Ordinance §1684-NS for the first time. Prior to adoption of the Ordinance, wastewater service charges were billed and collected by the City on a bimonthly basis. For FY 2021-22, 36,431 residential wastewater accounts were submitted to Ventura County for collection via property tax.

As of April 11, 2022, after the 2nd installment was due:

Total Levy Amount Paid as of 4/11/22 Collection Rate
$13,066,855.32 $12,642,265.02 96.75%
Residential accounts that remained unpaid received a delinquent tax notice mailed by the Ventura County Tax Collector in May with a due date of June 30, 2022. The City has averaged a 99.6 percent property tax collection rate over the past ten years, and it is estimated that the current collection rate will increase.

On December 14, 2021, City Council adopted wastewater service charges for Calendar Year 2022 and Calendar Year 2023. Effective July 1, 2022, Item No.7I
Residential Wastewater Service Charges on Property Tax Roll June 28, 2022

Page 2 ends

the wastewater service charge for single-family residential parcels is $370.20 for parcels located inside City limits and $375.48 for parcels located outside City limits. Property owners enrolled in the City’s Utilities Assistance Program would have their wastewater service charge offset by a $60 credit on their property tax bill.

DISCUSSION/ANALYSIS:

California law permits local agencies, such as municipalities and sanitation districts, to attach to the County’s property tax bill certain direct charges unrelated to the assessed value of the property. This means that wastewater service charges, classified as a “fee” rather than a “tax” via Prop 218, are an allowable expense which can be included as a separate line-item charge on the property tax bill, via a direct assessment.

The City is required to submit to the County of Ventura the Assessor’s Parcel Number (APN) and the associated wastewater service charge being levied on each property by July 5, 2022. In addition, City Council is required to adopt a resolution (Attachment #1) approving the Report of Annual Residential Charges (Attachment #2) for placement of the FY 2022-23 residential wastewater service charges on the County Property Tax Roll.

Collecting residential wastewater service charges on the County Tax Roll is the most efficient and cost-effective means of collecting wastewater service charges. The City has not received any concerns or questions from customers during this first year of implementation and staff recommends approval of the recommendation.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goal:

PREPARED BY: Tara Tosatto, Revenue Operations Manager
Attachments:

Attachment #1 – Resolution
Attachment #2 – Report of Annual Residential Charges
FIN:390-80\tt\H:\COMMON\Council\2022\Public Services\062822 WW to County Staff Report.docx Item No.7I
ATTACHMENT #1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF THOUSAND OAKS APPROVING

THE REPORT OF RESIDENTIAL WASTEWATER
SERVICE CHARGES FOR FISCAL YEAR 2022-23

AND DIRECTING THE FILING OF CHARGES FOR

COLLECTION BY THE COUNTY TAX

COLLECTOR
WHEREAS, pursuant to Resolution No. 67-7, the City of Thousand Oaks established a Municipal Sewer District; and
WHEREAS, clean water and good sanitation are essential to public health and safety and improve the quality of life for residents; and WHEREAS, the City Council of the City of Thousand Oaks has adopted Ordinance No. 1682-NS which establishes the authority for imposing and charging fees for the Wastewater Division; and
WHEREAS, Section 5473 of the Health and Safety Code requires that wastewater service charges collected on the tax roll be adopted by Council action; following a written and published noticed public hearing; and WHEREAS, on April 13, 2021, the City Council conducted a duly noticed public hearing introducing an ordinance amending Thousand Oaks Municipal Code (TOMC) sections 10-1.703, 10-1.901, 10-1.902, 10-1.908, and 10-1.909, to allow for the collection of wastewater service charges for single-family residential properties to be collected on the County’s property tax roll; and WHEREAS, a written report of annual residential wastewater charges was filed with the City Clerk describing each parcel of real property; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Thousand Oaks as follows:

Section 1. The City Council hereby confirms and approves the Report of Residential Sewer Charges to be imposed on each parcel within the City subject to such charges submitted; and
Section 2. The Finance Department is instructed and authorized to transmit the Report and necessary documents to the Ventura County Auditor Controller requesting that the Wastewater Service Charges set forth in the Report shall be included on the Ventura County Tax Roll for FY 2022-23.

Item No.7I
FIN:390-80\H:\COMMON\Council\2022\Public Services\062822 WW to County Att 1.docx

Page 2 ends

Section 3. The Finance Director is authorized to enter into all necessary agreements with entities necessary to effectuate this Resolution.

PASSED AND ADOPTED this 28th 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:_________________
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.7I
ATTACHMENT #2

REPORT OF ANNUAL RESIDENTIAL CHARGES TO BE INCLUDED ON
FISCAL YEAR 2022-23 VENTURA COUNTY PROPERTY TAX ROLL
City Council adopted Ordinance 1682-NS on October 12, 2021, establishing the wastewater rate structure. The City’s wastewater service charge consists of a fixed service charge per Equivalent Residential Unit (ERU) based on customer classification type. The table below summarizes the current annual fixed wastewater charge assessed per single-family residential property.

Customer Type FY 2022-23 Annual Charge
Residential Inside-City $370.20
Residential Outside-City $375.48
Utilities Assistance Program Enrollee ($60.00)
FIN: 1000-22\tt\H:\COMMON\Council\2022\Public Services\062822 WW to County Att 2.docx Item No.7I
TO: Andrew P. Powers, City Manager
FROM: Tim Giles, Human Resources Director
DATE: June 28, 2022
SUBJECT: New Salary Schedule Adoptions
RECOMMENDATION:

1. Adopt resolution to establish a new salary schedule for General Employees [Thousand Oaks City Employees Association (TOCEA)] and rescind Resolution No. 2021-027.

2. Adopt resolution to establish a new salary schedule for Professional Employees [Thousand Oaks Management Association (TOMA)] and rescind Resolution No. 2021-029.

3. Adopt resolution to establish a new salary schedule for Senior Management, Confidential, and Supervisory Employees [Senior Management Association (SMA)] and rescind Resolution No. 2021-031.

4. Adopt resolution to establish a new salary schedule for Hourly Employees and rescind Resolution No. 2021-032.

FINANCIAL IMPACT:

No Additional Funding Requested. Adequate funding is included in the Adopted FY 2022-23 Operating Budget (all funds) to cover the proposed adjustments.

BACKGROUND:

The Memorandums of Understanding (MOU) between the City and TOCEA, TOMA, and SMA bargaining units for the period July 1, 2021, through June 30, 2023, were adopted by the City Council on June 22, 2021. The TOCEA MOU includes a salary adjustment of 3.25 percent, effective July 9, 2022. The TOMA and SMA agreements include a 1.5 percent range adjustment at the 100 percent comparatio midpoint, effective July 9, 2022. The salary schedule for SMA includes a new classification: Communications Manager (Range 683). This does not result in a change to the City’s total authorized positions.

Item No.7J
New Salary Schedule Adoptions
June 28, 2022

Page 2 ends

The salary ranges for the Hourly General, Hourly Professional, and Hourly Supervisory correspond to similar ranges in the respective bargaining units (TOCEA, TOMA, and SMA).

DISCUSSION/ANALYSIS:

The proposed resolutions will implement the formerly agreed upon salary and range adjustments for FY 2022-23, as prescribed by: the TOCEA MOU (Attachment #1), the TOMA MOU (Attachment #2); and the SMA MOU (Attachment #3), which will include one new classification.

The State of California is scheduled to increase the minimum wage from $15.00 per hour to $15.50 per hour, effective January 1, 2023. This increase is reflected on the new salary schedule for the classification title of Hourly City Worker - General (Attachment #4). The Hourly Employee salary ranges match the scope of ranges for General, Professional, and Supervisory Employees.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goal:

B: Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California’s most desirable places to live, work, visit, recreate, and raise a family.

Attachments:

Attachment #1 – Resolution establishing Salary Schedule for TOCEA Attachment #2 – Resolution establishing Salary Schedule for TOMA Attachment #3 – Resolution establishing Salary Schedule for SMA Attachment #4 – Resolution establishing Salary Schedule for Hourly Employees
HRD:700-20\TG\H:\COMMON\StaffReports\2022\062822 Salary Scheds Staff Report.docx Item No.7J
HRD 700-20\SC\H:\COMMON\Resolutions\2022\TOCEA\062822 TOCEA Salary Reso.docx

Page 1 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

THOUSAND OAKS ESTABLISHING NEW SALARY

SCHEDULE FOR THOUSAND OAKS CITY EMPLOYEE

ASSOCIATION (TOCEA), AND RESCINDING
RESOLUTION NO. 2021-027.

WHEREAS, Thousand Oaks City Employee Association (TOCEA) classification salary ranges were previously established by Resolution No. 2021- 027 and
WHEREAS, MOU provisions require that classification salary ranges be adjusted to incorporate salary adjustments.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Thousand Oaks as follows:

SECTION 1. This resolution shall rescind and supersede Resolution No. 2021-027 as to TOCEA members.

SECTION 2. The attached Salary Schedule (Exhibit A) be adopted which provides in part:

1. 3.25% Salary adjustments effective July 9, 2022.

2. State of California minimum wage of $15.0000 per hour, with an increase to $15.5000 effective January 1, 2023 for the following classifications:
a. Library Page
ATTACHMENT #1
Item No.7J
HRD 700-20\SC\H:\COMMON\Resolutions\2022\TOCEA\062822 TOCEA Salary Reso.docx

Page 2 ends

SECTION 3. The provisions of this Resolution shall become operative and in full force from and after July 9, 2022.

PASSED AND ADOPTED this 28th 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: ___________________
APPROVED AS TO FORM:

Office of the City Attorney
Tracy M. Noonan, City Attorney
APPROVED AS TO ADMINISTRATION:

Andrew P. Powers, City Manager
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.

Item No.7J
HRD 700-20\SC\H:\COMMON\Resolutions\2022\TOCEA\062822 TOCEA Salary Reso.docx

Page 3 ends

Exhibit A

SALARY SCHEDULE FOR GENERAL EMPLOYEES
Effective July 9, 2022
Classification Title Range Low Hourly Salary
High Hourly
Salary
ACCOUNTING ASSISTANT I 205 $22.3633 $29.9687
ACCOUNTING ASSISTANT II 225 $24.7089 $33.1123
ACCOUNTING SPECIALIST 254 $28.5537 $38.2648
ACCTG/CUSTOMER SERVICE REP 244 $27.1648 $36.4034
ADMINISTRATIVE CLERK I 195 $21.2754 $28.5111
ADMINISTRATIVE CLERK II 215 $23.5068 $31.5015
ADMINISTRATIVE SECRETARY 244 $27.1648 $36.4034
BOX OFFICE ASSISTANT 254 $28.5537 $38.2648
BUILDING MAINTENANCE TECH I 220 $24.1004 $32.2967
BUILDING MAINTENANCE TECH II 240 $26.6283 $35.6845
CODE COMPLIANCE OFFICER I 271 $31.0807 $41.6511
CODE COMPLIANCE OFFICER II 291 $34.3409 $46.0203
COMBINATION BLDG INSPECTOR I 281 $32.6703 $43.7813
COMBINATION BLDG INSPECTOR II 301 $36.0972 $48.3736
COMMUNITY DEVELOPMENT TECH I 259 $29.2749 $39.2312
COMMUNITY DEVELOPMENT TECH II 279 $32.3460 $43.3467
CONSTRUCTION INSPECTOR I 279 $32.3460 $43.3467
CONSTRUCTION INSPECTOR II 299 $35.7389 $47.8937
CROSSING GUARD CREW LEADER 135 $15.7733 $21.1377
CUSTODIAL CREW LEADER 220 $24.1004 $32.2967
CUSTODIAN 190 $20.7514 $27.8088
CUSTOMER RELATIONS ASSISTANT 244 $27.1648 $36.4034
CUSTOMER SERVICE REP 235 $25.9726 $34.8057
ENGINEERING AIDE 205 $22.3633 $29.9687
ENGINEERING TECHNICIAN I 263 $29.8649 $40.0218
ENGINEERING TECHNICIAN II 283 $32.9977 $44.2203

ENVIRONMENTAL COMPLIANCE
INSP I
279 $32.3460 $43.3467

ENVIRONMENTAL COMPLIANCE

INSP II
294 $34.8588 $46.7139
EXECUTIVE SECRETARY 264 $30.0142 $40.2218
FIELD INSPECTOR 281 $32.6703 $43.7813
FIELD SERVICE REPRESENTATIVE 225 $24.7089 $33.1123
FLEET TECH ASSISTANT 221 $24.2209 $32.4583
FLEET TECH CREW LEADER 291 $34.3409 $46.0203
FLEET TECH I 251 $28.1298 $37.6964
FLEET TECH II 271 $31.0807 $41.6511
FLEET TECH WELDER I 251 $28.1298 $37.6964
FLEET TECH WELDER II 271 $31.0807 $41.6511
HEAVY EQUIPMENT OPERATOR 249 $27.8506 $37.3225
INFO TECHNOLOGY TECH I 259 $29.2749 $39.2312
INFO TECHNOLOGY TECH II 279 $32.3460 $43.3467
INSTRUMENTATION & ELEC TECH 304 $36.6416 $49.1031
LABORATORY ASSISTANT 287 $33.6626 $45.1113
LABORATORY CHEMIST 327 $41.0953 $55.0715
LANDSCAPE MTN CREW LEADER 269 $30.7721 $41.2375
LANDSCAPE MTN WORKER I 209 $22.8139 $30.5727
Item No.7J
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LANDSCAPE MTN WORKER II 229 $25.2068 $33.7796
LEGAL SECRETARY 264 $30.0142 $40.2218
LIBRARY AIDE 195 $21.2754 $28.5111
LIBRARY ASSISTANT 235 $25.9726 $34.8057
LIBRARY PAGE 1 903 $15.0000 $20.1014
MAIL SERVICES WORKER 205 $22.3633 $29.9687
PAYROLL SPECIALIST 254 $28.5537 $38.2648
PLANT & EQUIPMENT MECHANIC 284 $33.1627 $44.4416
PRINTSHOP TECHNICIAN 215 $23.5068 $31.5015

PURCHASING & INVENTORY
WORKER
225 $24.7089 $33.1123
PURCHASING SPECIALIST I 225 $24.7089 $33.1123
PURCHASING SPECIALIST II 245 $27.3006 $36.5854
RECORDING SECRETARY 254 $28.5537 $38.2648

RECORDS MANAGEMENT

SPECIALIST
225 $24.7089 $33.1123
RENTAL COORDINATOR 264 $30.0142 $40.2218

SR ACCTG/CUSTOMER SERVICE
REP
264 $30.0142 $40.2218
SR ADMINISTRATIVE SECRETARY 254 $28.5537 $38.2648

SR BLDG MAINTENANCE

TECHNICIAN
269 $30.7721 $41.2375
SR CODE COMPLIANCE OFFICER 311 $37.9433 $50.8476
SR COMBINATION BLDG INSPECTOR 321 $39.8838 $53.4481

SR COMMUNITY DEVELOPMENT
TECH
299 $35.7389 $47.8937
SR CONSTRUCTION INSPECTOR 319 $39.4878 $52.9174

SR ENVIRONMENTAL COMPLIANCE
INSP
309 $37.5668
$50.3429
SR INFO TECHNOLOGY TECH 299 $35.7389 $47.8937

SR INSTRUMENTATION & ELEC
TECH
314 $38.5152
$51.6142
SR LABORATORY CHEMIST 347 $45.4056 $60.8477
SR LEGAL SECRETARY 283 $32.9977 $44.2203
SR LIBRARY ASSISTANT 255 $28.6965 $38.4563
SR PRINTSHOP TECH 239 $26.4958 $35.5071

SR PURCHASING & INVENTORY
WKR
244 $27.1648 $36.4034
SR PURCHASING SPECIALIST 265 $30.1643 $40.4229
SR RECORDING SECRETARY 264 $30.0142 $40.2218
SR RECORDS MANAGEMENT SPEC 244 $27.1648 $36.4034
SR STAGE TECHNICIAN 274 $31.5492 $42.2789
SR THEATRE WORKER 165 $18.3189 $24.5491
SR VIDEO PRODUCTION SPECIALIST 280 $32.5076 $43.5635
SR WWTP OPERATOR 303 $36.4592 $48.8589
STAGE TECHNICIAN 244 $27.1648 $36.4034

STREET MAINTENANCE CREW
LEADER
269 $30.7721 $41.2375
STREET MTN WORKER I 209 $22.8139 $30.5727
STREET MTN WORKER II 229 $25.2068 $33.7796
STREET SWEEPER OPERATOR 238 $26.3640 $35.3305
TRANSIT ASSISTANT 251 $28.1298 $37.6964
UTILITIES EQUIPMENT OPERATOR 251 $28.1298 $37.6964
UTILITIES MTN CREW LEADER 278 $32.1850 $43.1309
*
*
Item No.7J
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UTILITIES MTN WORKER I 221 $24.2209 $32.4583
UTILITIES MTN WORKER II 241 $26.7613 $35.8628
VIDEO PRODUCTION SPECIALIST 260 $29.4212 $39.4272
VOLUNTEER SPECIALIST 255 $28.6965 $38.4563
WATER SYSTEMS OPERATOR 273 $31.3922 $42.0686
WWTP OPERATOR I 263 $29.8649 $40.0218
WWTP OPERATOR II 283 $32.9977 $44.2203
TRAINEES: Upon recommendation of the Department Head, and with prior approval of the Human Resources Director, persons may be appointed in a trainee capacity, either on a permanent or temporary basis, to any position classification included in this resolution. Trainees will be compensated in a salary range equivalent to ten (10) to twenty (20) percent lower than authorized herein at the determination of the Personnel Officer. 1 Effective January 1, 2023 minimum wage increase from $15.0000 to 15.5000 Item No.7J
HRD 700-20\SC\H:\COMMON\Resolutions\2022\062822 TOMA Salary Reso Att 2.docx

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

THOUSAND OAKS ESTABLISHING NEW SALARY

SCHEDULE FOR PROFESSIONAL EMPLOYEES
(THOUSAND OAKS MANAGEMENT ASSOCIATION –
TOMA), AND RESCINDING RESOLUTION NO. 2021-029
WHEREAS, Thousand Oaks Management Association (TOMA) salaries were previously established by Resolution No. 2021-029; and WHEREAS, MOU provisions require that classification salary ranges be adjusted to incorporate salary adjustments.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Thousand Oaks as follows:

SECTION 1. This resolution shall rescind and supersede Resolution No. 2021-029 as to TOMA members.

SECTION 2. The attached Salary Schedule (Exhibit A) be adopted which provides in part:

1. Salary range adjustment of 1.5% effective July 9, 2022.

SECTION 3. The provisions of this Resolution shall become operative and in full force from and after July 9, 2022.

PASSED AND ADOPTED this 28th day of June, 2022, by the following vote:

Ayes:

Noes:

Absent:

Page 2 ends

APPROVED AS TO FORM:

Office of the City Attorney
Tracy M. Noonan, City Attorney
APPROVED AS TO ADMINISTRATION:

Item No.7J
HRD 700-20\SC\H:\COMMON\Resolutions\2022\TOMA\062822 TOMA Salary Reso.docx

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Exhibit A

SALARY SCHEDULE FOR PROFESSIONAL EMPLOYEES
Effective July 9, 2022
Classification Title Range
Low
Hourly
Salary
Midpoint
Hourly
Salary
High
Hourly
Salary
ACCOUNTANT 496 $36.4332 $45.5414 $54.6498
ASSISTANT ANALYST 487 $34.8336 $43.5424 $52.2510
ASSISTANT HR ANALYST 487 $34.8336 $43.5424 $52.2510
ASSISTANT PLANNER 490 $35.3588 $44.1989 $53.0387
ASSISTANT TRANSIT PLANNER 487 $34.8336 $43.5424 $52.2510 ASSOCIATE ANALYST 507 $38.4878 $48.1096 $57.7316
ASSOCIATE ENGINEER 553 $48.4126 $60.5157 $72.6189
ASSOCIATE PLANNER 525 $42.1027 $52.6284 $63.1542
ASSOCIATE TRANSIT PLANNER 507 $38.4878 $48.1096 $57.7316 COMMUNICATIONS & MARKETING ANALYST 487 $34.8336 $43.5424 $52.2510 COMMUNICATIONS & MARKETING ASSOCIATE 507 $38.4878 $48.1096 $57.7316 COMMUNITY DEVELOPMENT ANALYST 507 $38.4878 $48.1096 $57.7316 CONSTRUCTION PROJECT COORD 563 $50.8883 $63.6104 $76.3325 DEBT & INVESTMENT ANALYST 542 $45.8281 $57.2851 $68.7421 DIGITAL SERVICES LIBRARIAN 487 $34.8336 $43.5424 $52.2510 ECONOMIC DEVELOPMENT ANALYST 507 $38.4878 $48.1096 $57.7316 ENGINEERING ASSISTANT 513 $39.6570 $49.5711 $59.4854
ENGINEERING ASSOCIATE 533 $43.8166 $54.7707 $65.7249
ENVIRONMENTAL PROG COORD 522 $41.4776 $51.8469 $62.2162 FINANCIAL ANALYST 520 $41.0658 $51.3322 $61.5986
GEOGRAPHIC INFORM SYST (GIS) ANALYST 518 $40.6583 $50.8228 $60.9875 GEOGRAPHIC INFORM SYST (GIS) SPECIALIST 499 $36.9824 $46.2279 $55.4735 HEALTH & SAFETY ANALYST 507 $38.4878 $48.1096 $57.7316
HOUSING COORDINATOR 485 $34.4877 $43.1103 $51.7324
INFO TECHNOLOGY ANALYST I 518 $40.6583 $50.8228 $60.9875 INFO TECHNOLOGY ANALYST II 538 $44.9230 $56.1537 $67.3845 INFO TECHNOLOGY ANALYST III 562 $50.6352 $63.2940 $75.9528 INTERNAL AUDITOR 542 $45.8281 $57.2851 $68.7421
LAND SURVEYOR ASSISTANT 497 $36.6154 $45.7692 $54.9231
LIBRARIAN 467 $31.5263 $39.4078 $47.2895
LIBRARIAN II 487 $34.8336 $43.5424 $52.2510
NEIGHBORHOOD & SOCIAL SERVICES LIAISON 522 $41.4776 $51.8469 $62.2162 PLAN CHECK ASSISTANT 495 $36.2520 $45.3149 $54.3780
PLAN CHECK ASSOCIATE 525 $42.1027 $52.6284 $63.1542
SR ACCOUNTANT 532 $43.5986 $54.4981 $65.3979
SR ANALYST 522 $41.4776 $51.8469 $62.2162
SR ENGINEER 573 $53.4909 $66.8635 $80.2363
SR FINANCIAL ANALYST 535 $44.2558 $55.3197 $66.3836
SR INFO TECHNOLOGY ANALYST 572 $53.2248 $66.5310 $79.8372 SR PLANNER 545 $46.5189 $58.1485 $69.7783
SR TRANSIT PLANNER 522 $41.4776 $51.8469 $62.2162
SURVEYOR 553 $48.4126 $60.5157 $72.6189
SUSTAINABILITY ANALYST 507 $38.4878 $48.1096 $57.7316
TRANSPORTATION PLANNER 525 $42.1027 $52.6284 $63.1542
Item No.7J
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TREASURY ASSISTANT 496 $36.4332 $45.5414 $54.6498
TRAINEES: Upon recommendation of the Department Head, and with prior approval of the Human Resources Director, persons may be appointed in a trainee capacity, either on a permanent or temporary basis, to any position classification included in this resolution. Trainees will be compensated in a salary range equivalent to ten (10) to twenty (20) percent lower than authorized herein at the determination of the Human Resources Director.

Item No.7J
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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

THOUSAND OAKS ESTABLISHING NEW SALARY SCHEDULE

FOR SENIOR MANAGEMENT, CONFIDENTIAL, AND

SUPERVISORY EMPLOYEES (SENIOR MANAGEMENT
ASSOCIATION – SMA) AND RESCINDING RESOLUTION NO.
2021-031
WHEREAS, Senior Management Association (SMA) classification salary ranges were previously established by Resolution No. 2021-031; and WHEREAS, MOU provisions require that classification salary ranges be adjusted to incorporate salary adjustments.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Thousand Oaks as follows:

SECTION 1. This resolution shall rescind and supersede Resolution No. 2021-031.

SECTION 2. The attached Salary Schedule (Exhibit A) be adopted which provides in part:

1. Salary range adjustment of 1.5% effective July 9, 2022.

2. Add new classification “Communications Manager, range 683.

SECTION 3. Be it further resolved that the provisions of this Resolution shall become operative and in full force from and after July 9, 2022.

PASSED AND ADOPTED this 28th 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: ___________________
ATTACHMENT #3
Item No.7J
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Page 2 ends

APPROVED AS TO FORM:

Office of the City Attorney
Tracy M. Noonan, City Attorney
APPROVED AS TO ADMINISTRATION:

Item No.7J
HRD 700-20\SC\H:\COMMON\Resolutions\2022\SMA\062822 SMA Salary Reso Att 3.docx

Page 3 ends

Exhibit A

SALARY SCHEDULE FOR SENIOR MANAGEMENT, CONFIDENTIAL AND

SUPERVISORY EMPLOYEES, AND APPOINTED OFFICIALS
Effective July 9, 2022
Classification Title Range Low High
Hourly
Salary
Midpoint
Hourly
Salary
Hourly
Salary
ACCOUNTING MANAGER 683 $50.67 $63.34 $76.00
ACCOUNTING SUPERVISOR 673 $45.87 $57.34 $68.81
ADMINISTRATIVE SUPPORT SUPERVISOR 636 $31.74 $39.68 $47.61 ASSISTANT CITY ATTORNEY 724 $76.19 $95.24 $114.29
ASSISTANT PUBLIC WORKS SUPT 679 $48.69 $60.87 $73.04
ASSISTANT TO THE CITY MANAGER 690 $54.32 $67.91 $81.49

ASSISTANT TO THE CITY

MANAGER/COMMUNICATIONS
690 $54.32 $67.91 $81.49
ASSOCIATE HR ANALYST 659 $39.91 $49.88 $59.86
BLDG OFFICIAL/BLDG DIVISION MANAGER 685 $51.69 $64.61 $77.53 BOX OFFICE SUPERVISOR 642 $33.70 $42.12 $50.54
BUDGET OFFICER 683 $50.67 $63.34 $76.00
BUILDING INSPECTION SUPV 660 $40.30 $50.38 $60.46
BUILDING SERVICES DIVISION MANAGER 686 $52.20 $65.26 $78.31 CABLE OPERATIONS SUPERVISOR 641 $33.36 $41.70 $50.04
CHIEF ASSISTANT CITY ATTORNEY 729 $80.08 $100.10 $120.12 CIRCULATION SERVICES SUPV 638 $32.38 $40.48 $48.57
CITY AUDITOR 678 $48.21 $60.26 $72.32
CODE COMPLIANCE MANAGER 675 $46.79 $58.49 $70.19
COMMUNICATIONS MANAGER 683 $50.67 $63.34 $76.00
COMMUNITY DEVELOPMENT OPERATIONS MGR 688 $53.52 $66.57 $79.88 CONSTRUCTION INSPECTION SUPV 655 $38.35 $47.94 $57.52
COSCA ADMINISTRATOR 687 $52.73 $65.91 $79.09
DEPUTY CITY ATTORNEY 710 $66.29 $82.86 $99.43
DEPUTY CITY CLERK 665 $42.36 $52.95 $63.54

DEPUTY COMMUNITY DEVELOPMENT

DIRECTOR/BUILDING SERVICES
712 $67.62 $84.52 $101.43
DEPUTY COMMUNITY DEVELOPMENT DIRECTOR 712 $67.62 $84.52 $101.43 DEPUTY CULTURAL AFFAIRS DIR 681 $49.67 $62.09 $74.51
DEPUTY FINANCE DIRECTOR 712 $67.62 $84.52 $101.43
DEPUTY HR DIRECTOR 691 $54.87 $68.58 $82.30
DEPUTY LIBRARY SERV DIRECTOR 693 $55.97 $69.96 $83.96
DEPUTY PUBLIC WORKS DIR/CITY ENGINEER 723 $75.44 $94.30 $113.16 DEPUTY PUBLIC WORKS DIR/OPERATIONS 714 $68.98 $86.22 $103.47 DISASTER SERVICES CO-ORDINATOR 671 $44.97 $56.21 $67.45 ECONOMIC DEVELOPMENT MANAGER 707 $64.34 $80.42 $96.50
ENGINEERING DIVISION MANAGER 703 $61.83 $77.28 $92.74
EXECUTIVE ASSISTANT 641 $33.36 $41.70 $50.04
FACILITIES MANAGER 693 $55.97 $69.96 $83.96
FACILITIES MTN SUPERVISOR 649 $36.13 $45.16 $54.19
FLEET SERVICES SUPERVISOR 653 $37.59 $46.99 $56.39
HOUSE SUPERVISOR 642 $33.70 $42.12 $50.54
Item No.7J
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INFO TECHNOLOGY MANAGER 702 $61.21 $76.52 $91.82
INFO TECHNOLOGY SUPERVISOR 687 $52.73 $65.91 $79.09
LABORATORY SUPERVISOR 669 $44.08 $55.10 $66.12
LANDSCAPE MTN SUPERVISOR 651 $36.85 $46.07 $55.28
LEGAL OFFICE ASSISTANT 641 $33.36 $41.70 $50.04
LEGISLATIVE AFFAIRS/INTERGOVT MANAGER 671 $44.97 $56.21 $67.45 LIBRARY DIVISION MANAGER 673 $45.87 $57.34 $68.81
LIBRARY SERVICES SUPV 653 $37.59 $46.99 $56.39
OFFICE SUPERVISOR 636 $31.74 $39.68 $47.61
PLAN CHECK SUPERVISOR 683 $50.67 $63.34 $76.00
PLANNING DIVISION MANAGER 693 $55.97 $69.96 $83.96
PUBLIC WORKS SUPERINTENDENT 694 $56.53 $70.66 $84.80
PURCHASING SUPERVISOR 667 $43.21 $54.01 $64.82
RECORDS MGMT SUPERVISOR 642 $33.70 $42.12 $50.54
REVENUE OPERATIONS MANAGER 683 $50.67 $63.34 $76.00
REVENUE OPERATIONS SUPERVISOR 656 $38.73 $48.41 $58.10
SR HUMAN RESOURCES ANALYST 669 $44.08 $55.10 $66.12
SR LEGAL ASSISTANT 660 $40.30 $50.38 $60.46
STREET MAINTENANCE SUPERVISOR 651 $36.85 $46.07 $55.28
SUPPORT SERVICES SUPERVISOR 648 $35.77 $44.71 $53.65
SUSTAINABILITY DIVISION MANAGER 690 $54.32 $67.91 $81.49 THEATRES GENERAL MANAGER 671 $44.97 $56.21 $67.45
THEATRES TECHNICAL SUPERVISOR 642 $33.70 $42.12 $50.54
TRANSIT PROGRAM MANAGER 671 $44.97 $56.21 $67.45
UTILITIES MTN SUPERVISOR 668 $43.64 $54.56 $65.47
UTILITIES SUPERINTENDENT 705 $63.07 $78.84 $94.60
WATER QUALITY SUPERVISOR 669 $44.08 $55.10 $66.12
WWTP MAINTENANCE SUPERVISOR 663 $41.53 $51.91 $62.29
WWTP OPERATIONS & MAINT MANAGER 667 $43.21 $54.01 $64.82 WWTP OPERATIONS SUPERVISOR 663 $41.53 $51.91 $62.29
WWTP SUPERINTENDENT 692 $55.42 $69.27 $83.12
TRAINEES: Upon recommendation of the Department Head, and with prior approval of the Human Resources Director, persons may be appointed in a trainee capacity, either on a permanent or temporary basis, to any position classification included in this resolution. Trainees will be compensated in a salary range equivalent to ten (10) to twenty (20) percent lower than authorized herein at the determination of the Human Resources Director.

Item No.7J
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Page 1 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

THOUSAND OAKS ESTABLISHING NEW SALARY

SCHEDULE FOR HOURLY EMPLOYEES AND
RESCINDING RESOLUTION NO. 2021-032.

WHEREAS, Hourly Employee salary ranges were included in resolutions regarding General, Professional and Senior Management employees; and WHEREAS, it is proposed to establish a separate resolution only for Hourly Employees that mirrors adjustments provided to other City employees; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Thousand Oaks as follows:

SECTION 1. This resolution shall rescind and supersede Resolution No. 2021-032 as to Hourly Employees.

SECTION 2. The attached Salary Schedule (Exhibit A) be adopted.

SECTION 3. The provisions of this Resolution shall become operative and in full force from and after July 9, 2022.

PASSED AND ADOPTED THIS 28th day of June 2022.

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

Cynthia M. Rodriguez, City Clerk
APPROVED AS TO FORM: APPROVED AS TO ADMINISTRATION:

Office of the City Attorney
Tracy M. Noonan, City Attorney Andrew P. Powers, City Manager ATTACHMENT #4
Item No.7J
HRD 700-20: H:\COMMON\Resolutions\2022\06282022 Hourly Salary Reso.docx

Page 2 ends

Exhibit A

SALARY SCHEDULE FOR HOURLY EMPLOYEES
Effective July 9, 2022
Classification Title Range
Low
Hourly
Salary
High
Hourly
Salary
HOURLY CITY WORKER - GENERAL 801 $15.0000 $59.8211
HOURLY CITY WORKER - PROFESSIONAL 802 $22.6840 $81.0406 HOURLY CITY WORKER - SUPERVISORY 803 $22.0764 $145.8486 Effective January 1, 2023
HOURLY CITY WORKER - GENERAL 801 $15.5000 $59.8211
1) Upon recommendation of the Department Head, and with prior approval of the Human Resources Director, persons hired in an hourly capacity, when assigned lead duties, may earn another $1.00 - $2.00/hour for hours worked.

Item No.7J
CDD:440-35\CITY COUNCIL ORD\ [FILE ID 2020-70273]

Page 1 ends

ORD. NO. 1699-NS
ORDINANCE NO. 1699-NS

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF THOUSAND OAKS ADOPTING SPECIFIC PLAN
NO. 22 (325 AND 391 HAMPSHIRE ROAD), AND ITS
ASSOCIATED GENERAL PLAN AMENDMENT; AND

AUTHORIZING THE LAND USES AND DEVELOPMENT
STANDARDS IN SAID SPECIFIC PLAN (APPLICANT:

IMT CAPITAL V HAMPSHIRE, LLC)
WHEREAS, the Thousand Oaks Planning Commission held a noticed public hearing on May 23, 2022 and June 8, respectively, and thereafter, recommended that City Council certify the Final Environmental Impact Report No. 2021-70442 for Specific Plan No. 22 and its associated General Plan Amendment No. 2021-70215 and that the City Council approve said Specific Plan and General Plan amendment to regulate specific land uses and design standards for approximately 10.97 net acres (of 11.77 gross acres) of property located south of US 101, west of Hampshire Road, and north of Foothill Drive in the City of Thousand Oaks; and,
WHEREAS, upon notice duly given, a hearing was held at the regular meeting of the City Council of the City of Thousand Oaks on June 14, 2022, at which time evidence, both oral and written, including a Staff Report and a Final Environmental Impact Report, were presented and received, and testimony was taken from all interested parties appearing in the matter; and WHEREAS, an ordinance is required to formalize Council action pursuant to Section 65453 of the California Government Code, and this ordinance is adopted; for that purpose and reflects the action of a majority of the members of the City Council (voting 5-0) in rendering a decision on this matter following the public hearing at the regular meeting of June 14, 2022.

NOW, THEREFORE, BE IT RESOLVED that pursuant to Government Code Sections 65453 and 65850, the City Council of the City of Thousand Oaks does hereby ordain as follows:

Part 1
(Uncodified)
EIR, GPA, SP - 22
The Final Environmental Impact Report No. 2021-70442 is certified and approved, along with the corresponding General Plan amendment and development entitlements.

Item No.7K
CDD:440-35\CITY COUNCIL ORD\ [FILE ID 2020-70273]

Page 2 ends

ORD. NO. 1699-NS
Specific Plan No. 22 is hereby approved and found to be consistent with all Elements of the Thousand Oaks General Plan as proposed in Exhibit "A," based on the following findings:

1. The Final Environmental Impact Report No. 2021-70442 reflects the independent judgment of the City of Thousand Oaks, and that, on the basis of the comments received, with the mitigation measures therein, it is found that there is no substantial evidence that the project will have a significant adverse impact on the environment.

2. The attached Specific Plan complies with the Thousand Oaks General Plan including the Commercial/Residential land use designation identified on the Land Use Element.

3. The attached Specific Plan will ensure compatibility between potential future uses on the subject property and the surrounding industrial, commercial, institutional and residential uses by limiting the commercial component and uses permitted, implementing public open space features, and applying design standards intended to be sensitive to adjacent properties and residents.

4. The attached Specific Plan will not be detrimental to the public health, safety and welfare as it is intended to limit potential impacts associated with some types of residential, commercial, and open space uses, such as noise, fumes and traffic, on adjacent residents and surrounding properties.

Part 2
(Uncodified)
Severability
If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this title; it being hereby expressly declared that this title, and each section, subsection, sentence, clause and phrase hereof, would have been prepared, proposed, adopted, approved, and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Item No.7K
CDD:440-35\CITY COUNCIL ORD\ [FILE ID 2020-70273]

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ORD. NO. 1699-NS
Part 3
(Uncodified)
Effective Date
This Ordinance shall take effect on the thirty-first (31st) day following its final passage and adoption.

PASSED AND ADOPTED this 28th day of June, 2022 by the following vote:

Ayes:

Noes:

APPROVED AS TO FORM
Office of the City Attorney
_________________________________
Tracy M. Noonan, City Attorney

APPROVED AS TO ADMINISTRATION
__________________________________
Andrew P. Powers, City Manager
Introduced: June 14, 2022
Published: June 21, 2022 and July 8, 2022
Ordinance No.: 1699-NS
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.7K
CDD:440-35\CITY COUNCIL ORD\ [FILE ID 2020-70273]

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ORD. NO. 1699-NS
EXHIBIT "A"
April 2022

THOUSAND OAKS RANCH SPECIFIC PLAN
Specific Plan No. 22

1. Authority for Specific Plan No.

Specific Plan No. 22 is approved in accordance with, and is authorized by, Sections 65450 through 65457 of the California Government Code, and Sections 9-2.401 through 9-2.403 of the Thousand Oaks Municipal Code.

The Specific Plan is consistent with the Thousand Oaks General Plan and is a tool for systematically implementing the General Plan.

2. Location and Boundaries
The general regional location of Specific Plan 22 is shown in Exhibit “1” which is permanently retained on file with the City. The location and boundaries of the Specific Plan area are depicted on the attached map labeled Exhibit- "2" which is permanently retained on file with the City. The site is an infill site to the south of the 101 Freeway and is approximately

10.97 acres that was a former Kmart commercial shopping center property located south of US 101, west of Hampshire Road, and north of Foothill Drive.

3. Existing Conditions
The Specific Plan area presently contains a vacant commercial shopping center consisting of a one-story, 103,670 square foot commercial building, an attached one-story 12,512 square foot commercial building, an existing 2,600-square foot fast food drive-thru restaurant, a surface parking lot, landscape planters, and existing landscaping. The site is characterized by an ascending grade from Hampshire Road at the east front portion of the site to the west rear portion of the site. This easterly portion of the site is approximately 45 feet lower than the westerly portion. The westerly portion the site, where the townhome buildings pads are proposed, is approximately 28 feet lower than the existing residences to the west and along foothill. In general, the site is at a lower elevation than the existing single-family homes to the west, beyond Foothill Drive. There are existing multi-family residences to the south, existing commercial and institutional uses to the north, existing industrial uses to the east, existing single-family residential to the west, and day acre use to the southwest. The site is currently fenced up and unoccupied.

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4. Purpose and Intent
The purpose of Specific Plan No. 22 is to encourage private investment in upgrading this site and to establish an architectural theme and the development policies and standards to guide the future use, design, circulation, and development of the land within the boundaries of the Specific Plan.

Adoption of this Specific Plan is a legislative act establishing specific regulations which apply within its boundaries. These regulations may be specific in some areas, and somewhat general in others. They form standards that future development projects must adhere to. A specific plan is analogous to zoning in that regard. As with any property in the City, development of any portion of the site within the Specific Plan requires the approval of an appropriate entitlement application(s) that must comply with the regulations set forth in this Specific Plan, as well as all other applicable City regulations, codes, guidelines, and policies. Unless specifically waived or modified herein, all applicable regulations of Title 9 (Planning and Zoning) of the Thousand Oaks Municipal Code (TOMC), and all other resolutions and policies related to land development in the city, shall apply to development within the Specific Plan area.

5. Statement of The Relationship Of Specific Plan To City’s General Plan As to the relationship of Specific Plan No. 22 to the City’s General Plan:
(i) That General Plan states “high density residential development” like the proposed mixed-use and townhome apartment development “should be located primarily at sites accessible and close to major centers of activity and along the Ventura Freeway.”
(ii) The present site is vacant, neglected and underutilized containing two vacant buildings within a previously developed commercial shopping center. This Specific Plan is consistent with the General Plan goal to “enhance . . . attractiveness of the Conejo Valley” because it would provide infill housing, publicly accessible open space and commercial uses;
(iii) Allowing mixed-use and multi-family residential uses and development on this site is consistent with the General Plan’s
Commercial/Residential land use designation; and
(iv) Having new residential units at this location is consistent with the General Plan’s job and housing balance1 by providing a mixed-use development with commercial uses and entry level workforce housing 1 “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.7K
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close to the City’s major employment center in the nearby industrial centers to the east and commercial uses within the Thousand Oaks Boulevard area (Specific Plan 20), so these residents will be able to work nearby.
(v) In addition, a mixed-use development is consistent with greenhouse gas reduction sustainability concepts because the project includes live/work units and this proposed development is within walking distance to retail and restaurants or to nearby shops and restaurants and close to employment centers. Hampshire Road runs along the eastern property line with industrial and commercial centers to the east and north of this site. Nearby City bus routes are located at the intersection of Hampshire Road and Thousand Oaks Boulevard, 0.4- mile northeast of the site and at the intersection of Duesenberg Drive and Thousand Oaks Boulevard, 0.8-mile northeast of the site. Further, the US 101 freeway on and off ramps are nearby to the north.

6. Use Areas
The following uses only shall be permitted within Specific Plan No. 22 subject to requirements and conditions of a Development Permit granted in the manner provided in Article 28 of the Thousand Oaks Municipal Code. As shown on Exhibit “3,” which is permanently retained on file with the City, the Specific Plan area will consist of the following two (2) use areas:
“Mixed-Use” area allowing two mixed-use buildings which encapsulates related amenities and services for its guests and visitors, all as a permitted use. Such uses would include cafes, eating and drinking establishments, live/work units, and meeting rooms for the purposes of hosting various private events. Other potential uses compatible with the primary “Mix-use” may be considered with Community Development Director or designee approval.
“Multi-family Residential” area allowing 13 multi-family residential buildings with 71 dwelling units in a multi-level, apartment housing configuration with related amenities and accessory uses for its residents and their guests.

The site contains two parcels: one parcel (Parcel A) for the multi-family residential area (approximately 5.04 acres) and the other parcel (Parcel B) for the mixed-use area (approximately 5.94 acres). The use matrix below identifies uses that may be permitted or requires a Special Use Permit within the Specific Plan with an approved underlying Development Permit.

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Use Matrix Table:

Use TOR SP-22
Administrative, business and professional offices P
Adult entertainment uses NP
NP
P
Appliance and electronic repair P
NP
P
Art and crafts studios and galleries P
P
NP
Assisted living SUP
Auto body repair facilities
NP
P
Auto repair facilities NP
NP
SUPA
Auto parts store P
NP
NP
Automobile service stations (gas and other fuels) NP
NP
SUPA
Bakeries SUPA
Banks and similar financial services P
Bookstores P
Boutique Wine and Beer (Type 20 ABC license), per Section

5.5.2 of the Specific Plan.

SUPA
Breweries, wine blending, and distilleries (without on-site consumption), per Section 5.5.1 of this Specific Plan
P
Breweries, wine blending, and distilleries (with on-site consumption), per Section 5.5.1 of this Specific Plan
SUPA
Clubs and lodges, private
SUP
Consumer electronics and appliances sales and services P College extension classrooms and testing centers SUPA
Copying and reproduction services, including print shops P Dancing schools and studios SUPA
Dish antennas over 18 inches in diameter
SUPA
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Use TOR SP-22
Dog parks P
Drive-through facilities NP
Drugstores, pharmacies P
Florist shops P
Food markets without incidental sales of alcohol P
Food markets with incidental sales of alcohol (up to 10 percent to storage and sales of alcohol)
SUPA
Furniture stores P
Health clubs, fitness studios, gymnasiums SUPA
Home occupations HOP
Household maintenance and repair services (e.g., shoe repair, tailor shop, locksmith, framing, watch repair)
P
Industrial uses NP
Jewelry stores P
Laundromats (self-services) NP
Laundries and dry cleaning establishments (no plants) P Libraries SUP
Liquor stores, general (Type 21 ABC license), per Section 5.5.2 of the Specific Plan.

SUPA
Live entertainment venues (including accessory) SUP
Live/work units, per Section 5.5.5 of the Specific Plan P Manufacturing uses NP
Martial arts studios SUPA
Massage parlors NP
Medical and dental offices, including urgent care P
Mixed-Use DP
Multi-Family Residential DP
Music schools SUPA
Use TOR SP-22
Newspaper offices and plants NP
Newsstands P
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P: Use permitted
NP: Not Permitted
HO: Home Occupation Permit
Outdoor dining in conjunction with a permitted and related commercial operation (e.g. restaurants, meat markets)
P
Parks (pocket parks, playgrounds, dog park, etc.) P
Personal care establishments (e.g., barbershops, beauty shops, nail salons, tanning salons, day spa)
P
Pet shops, including grooming services SUPA
Places of worship (religious facilities) SUP
Postal box and mailing services P
Print shops P
School, art, computer, language, tutoring, testing centers, weight control, and driving
P
School, trade & vocational, without frontage onto Hampshire Rd. P Residential Care Facilities (Small) P
Residential Care Facilities (Large) NP
Restaurants, cafes, and other specialized food service
establishments with alcoholic beverage consumption (Type 41 and 47 ABC Licenses),
per Section 5.5.3 of this Specifi c Plan
SUPA
Restaurants, cafes, and other specialized food service
establishments, with dancing or live entertainment
SUP
Restaurants, cafes, coffee shops, and other specialized food and beverage service establishments
P
Retail P
Residential roof-top amenities, such as games, open space, activities, gatherings for residents and their visitors. Amplified sounds require SUPA.

P/SUPA
Spas and personal care to include nail salons and hair salons for two or more patrons
P
Substance abuse treatment facilities NP
Temporary model home and real estate sales complexes, per Section 5.5.4 of this Specific Plan
P
Wireless communications facilities SUPA
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DP: Development Permit
SUP: Planning Commission Special Use Permit
SUPA: Administrative Special Use Permit
Specific Land Use Restrictions
Notwithstanding any language to the contrary in City’s zoning regulations, the following land uses shall be prohibited on the Property:
 Massage parlors
 Newspaper offices and plants
 Residential Care Facilities (Large)
 Substance abuse treatment facilities

7. Residential Density and Intensity of Development
The 353 residential dwelling units have been allocated to this site by the City Council. The mixed-use and multi-family residential areas are contemplated to have apartment units with a maximum density of 30 dwellings units per net acre (based on 11.79 acres per City Council resolution 20-014). The site coverage and intensity and locations of the new structures and buildings shall be located substantially as shown on the Site Plan Exhibit “4” which is permanently retained on file with the City.

8. Development Standards
A. Building Height
(1) Building Height Mixed-Use Buildings. Buildings shall not exceed an average height of 50 feet as prescribed by SP-22.

A building or structure exceeding such height, may be
approved by the Planning Commission.
(2) Multi-family Residential Townhome Apartment Buildings.

Buildings shall not exceed an average height of 35 feet as prescribed by SP-22. A building or structure exceeding such height, may be approved by the Planning Commission.
(3) Number of stories. Mixed-use buildings shall be restricted to four-stories, with an increased 4th floor setback.
(4) Building Height Exception. Roof attachments such as mechanical equipment, parapets, wireless masts, similar diminutive roof attachments, and stairway and elevator towers may not be included in the height limits set forth in this chapter provided Roof attachments are set back a minimum of ten (10) feet from the face of the building.

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B. Setbacks:

The following area regulations shall apply to any use/ development permitted in Specific Plan No. 22:
(1) Mixed-Use Buildings:
(a) Front (east): There shall be a front (street) yard first floor setback of 10 feet minimum for all main structures along Hampshire Road.
i. There shall be a minimum 30-foot 4th floor
setback of for all main structures along
Hampshire Road.
(b) Building A Side (north): There shall be a 15-foot
minimum yard setback to property line for structures.
(c) Building A Side (south): There shall be a 25-foot
minimum yard setback to access drive for structures
(d) Building B Side (north): There shall be a 25-foot
minimum yard setback to access drive for structures.
(e) Building B Side (south): There shall be a 20-foot
minimum yard setback to property line for structures.
(2) Townhome Apartment Buildings:
(a) Front (east): There shall be a 10-foot minimum yard setback to access drive.
(b) Side (south): There shall be a 20-foot minimum yard setback for structures fronting on Foothill Drive.
(c) Rear (west): There shall be a minimum 15-foot rear
yard setback to property line.

C. Parking
(1) Off-Street Parking:

Must Comply with parking area design standards pursuant to TOMC Section 9-4.2405 and as prescribed by SP-22.
(2) Required parking:
a. Mixed-Use Dwelling Units: Studio and one-bedroom
apartments, 1 space (covered) per unit; two-bedroom
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apartments, 2 spaces (1 covered) per unit; three or morebedroom apartments, 2 spaces (1 covered) per unit; plus an additional 25 guest parking spaces.
b. Townhome Apartment Buildings: two-bedroom
apartments, 2 spaces (covered) per unit; three or morebedroom apartments, 2 spaces (covered) per unit; plus an additional 30 guest parking spaces.
c. Commercial Retail: 1 for each 250 square feet of gross floor area.
d. Eating establishments (cafes or similar): 1 per 200 square feet gross leasable area for the first 2,000 square feet, then 1 per 100 square feet thereafter.
(3) Parking Location:

All required residential parking associated with the mixed-use residential units will be provided within the subterranean parking structures, with guest parking spaces
All required residential parking associated with the townhome apartment residential units will be provided within the parking garages, with guest parking spaces predominately consisting of surface level parking.

All required Commercial parking will be provided within the subterranean parking structures and surface level parking spaces on the subject site. Parking design is open to surface lots and/or structured parking.

D. Parking Space Dimensions:

Shall comply with the standards specified in Article 23, of Chapter 4 of Title 9 of the TOMC and SP-22.

E. Circulation:

1. Vehicular
(a) Overall design concept provides adequate traffic flow with minimal conflicts with pedestrians, with public
street connections and on-site private driveways as
shown on the Site Plan as Exhibit “4” which is
permanently retained on file with the City.

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(b) Driveway design, location, and gradients shall comply with requirements pursuant to TOMC Section Sec. 9-

4.2405, unless otherwise approved by the Community
Development and Public Works Departments.
(c) All driveways within a parking lot used exclusively for ingress and egress or interior parking lot circulation
shall be designed and improved with grades not to
exceed a 7 percent slope, unless otherwise approved
by the Community Development and Public Works
Departments.
(e) Where dead-end driveways occur, provide minimum 5-
foot pavement extensions when abutting a landscaped
area or 10-foot when abutting a wall.
(f) Project shall comply with Ventura County Fire
Department standards.
(j) Reciprocal ingress and egress access easements to the separate parking areas shall be recorded for the two
parcels.
(k) Internal private driveways shall have a minimum width of 30 feet, with surface parking mixed-use and
townhome apartment guests and subterranean parking.

2. Pedestrian
(a) Project to have disabled accessibility compliance with design of ramps, walks, clearances, material use,
parking, signage per Title 24 and City ordinances.
(b) Design decorative concrete walkways that provide
connectivity and accessibility to all onsite buildings, and other amenities, with a contemplated circulation pattern as shown on Exhibit “4” which is permanently retained
on file with the City.

F. Loading and Unloading for Commercial Uses:
(1). Excess of 5,000 to 30,000 square feet: 1 space
(2) The size and location of each loading space for
retail/commercial uses less than 5,000 square feet shall be located off the street and shall not be less than 12 feet in width by 25 feet in depth by 14 feet in height. All other loading spaces, regardless of use, shall not be
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less than 12 feet in width by 50 feet in depth by 14 feet in height.

G. Signs:

All requirements set forth in the City's sign regulations shall apply to the Specific Plan area except as follows:

1. Total Sign Area: one (1) square foot of area for each linear foot of the width of the front of the building. Total Sign Area is for wall signs only and does not include Monument Signs.

2. Sign Location – Commercial: Signs may be permitted on east and south sides of the mixed-use Building A and on the east and north side of mixed-use Building B, but the total combined square footage of all wall signs shall not exceed the total sign area. Signs exposed to the residential areas shall be non-illuminated.

No on-building identification or advertisement signs, except directional or parking entrance signs, shall be allowed on the exterior elevations of a parking structure. The frontage of such structure shall not be used in calculating the size of permitted signs for the project.

3. Number of Signs: If the number of signs proposed on any façade is equal to two or more, a sign program for the building and site shall be required. The Sign Program shall include, but not be limited to:
a. Text description,
b. Pictorially represent the location of all sign locations, c. Dimensions, color, letter style, letter height, and sign type of all signs to be installed in conjunction with any and all uses for an entire establishment or site.

All new, altered, or changed signs shall conform to an approved sign program unless an amendment to that approved sign
program is approved by the decision-making authority.

4. Monument signs shall be limited to no more than 32 square feet exposed surface area on one side (maximum height of 6 feet including the base) and designed with colors and materials compatible to the buildings on-site. There will be up to two (2) monuments signs along Hampshire Road and one(1) along
Foothill Drive.

The Community Development Director may permit one single-faced sign on any portion of a parcel of record to advertise the sale or lease in total of the subject property, identify a construction project, or Item No.7K
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announce a building project. Such sign shall not total more than twenty-four (24) square feet in sign area. No portion of any sign permitted pursuant to the provisions of this section shall have a height of more than six (6') feet. Such sign shall be removed in accordance with the provisions of Section 9-4.2304 of Article 23.

H. Landscaping:
(1) Landscape trees shall be selected and planted in such a manner as to minimize root damage to surfaces and
structures.
(2) Compliance with landscape and irrigation standards
pursuant to Res. Nos. 2005-011 and 2007-116. All
landscaping and irrigation shall comply with the State of California Model Water Efficiency Landscape Ordinance
(MWELO) standards.
(3) Landscaping within parking areas. Ten (10%) percent of open parking and driveway areas shall be landscaped.

This shall be in addition to landscape requirements for setback areas, perimeter property line landscaping and
landscape planters located adjacent to structures. Such landscape areas shall be evenly distributed through the entire parking area as required by the Community
Development Director. The ten (10%) percent parking
requirement shall be calculated based on the total
amount of parking and driveway areas on the approved
plan(s), except parking spaces provided for display
purposes or for enclosed vehicles storage areas. The
Community Development Director or the Planning
Commission may allow any landscaped area which
would be within an open service or work area and not
viewable from any perimeter street to be relocated to a more functional location within the other parking areas on the property provided such relocation does not
decrease the total required interior landscaping of the parking area.
(4) The northeast and southeast corner of Hampshire Road will be upgraded with Landscaping and Hardscape as a
pedestrian corner plaza, with planter seating and
decorative hardscape surfaces.
(5) The required landscaping area shall be planted and
provided with permanent irrigation systems in
accordance with landscape standards and guidelines of
Resolution No. 93-74.

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I. Apartment Private Open Space:

All apartment units shall have a minimum private patio or balcony area of fifty (50) square feet and a minimum dimension of six (6') feet and with direct access to the unit.

J. Apartment Common Open Space:

A minimum of 2.72 acres of Common Open Space shall be required.

The following Common Open Space amenities shall be incorporated into the residential development:

A pool area of approximately 6,000 square feet, which includes the pool, 5,000 sf. pool house, barbecue, and seating areas.

At least two (2) quasi-public plazas that would be accessible from both the property and public sidewalk. Minimum size requirement would be 2,000 square feet. Both of which would be developed around the mixed-use buildings as well as incorporating the corner of Hampshire Road.

At least one (1) publicly accessible dog park/community park and seating area with a minimum area of 0.32 acres shall be provided.

In addition, the mixed-use and multi-family project shall have a wellcoordinated pedestrian circulation which will utilize “paseo-plazas” internal to the site, that would have a dual purpose for gathering or passive recreation as well as providing connectivity throughout the site. These defined spaces separate from the connecting walkways, would count toward meeting the common open space requirement.

Collectively, the above shall count toward the overall Common Open Space requirement.

K. Architecture:

A contemporary modern architectural theme shall be applied for new buildings in the project, featuring undulating roof lines, smooth stucco exterior, brick veneer, cement and metal panel siding, vertical and horizontal variation, and wrought iron detailing. The 4th floor shall provide increased setbacks from the floor levels below and roof forms shall be varied to break up a building’s mass and define the architectural character of the building. The mixed-use buildings shall be sited at the eastern portion of the site and located and oriented toward the Hampshire Road street frontage. Any proposed project shall display a high degree of honest and true architecture, real materials, and contextual compatibility and the project's consistency with the City's architectural design guidelines and policies per Res.

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No. 2005-011. Demonstrate screening of any proposed roof mounted and ground mounted mechanical units. The proposed buildings shall be compatible with architectural design elements of surrounding buildings and incorporate wall articulation to break up mass and accentuate different materials. Project will follow Cal Green Requirements.

L. Lighting:

A. Any new construction shall provide a Photometric Plan, if applicable, that includes light fixture details.

B. Photometric analysis to demonstrate adequate on-site illumination and no off-site spillover.

C. 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 M. Utility Services, Infrastructure and Financing:

Pursuant to California Gov. Code §65451(2), all utilities and infrastructure for permanent service to or from new construction within the Specific Plan, specifically including electric service, hardline telephone, cable TV, gas, wastewater and water service shall be constructed underground pursuant to applicable provisions of the Thousand Oaks Municipal Code and placed within the paved section of public and/or private driveways/streets and not within landscaped median or parkways except where placement in streets and/or private driveways is infeasible. All existing utility poles shall be removed.

The proposed circulation, location, and extent of the private, on-site, streets or driveways are shown on the Site Plan Exhibit “4” which is permanently retained on file with the City. The proposed distribution, location, extent, and intensity of major components of the public and corresponding private sewage collection mains, water Item No.7K
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mains for distribution and fire hydrants, stormwater drainage pipes and inlets/catch basins, subsurface stormwater infiltration facilities and detention areas, solid waste disposal, energy, and other essential major facilities are proposed to be located within the area covered by the Specific Plan and needed to support the land uses described in that plan. These features are shown on the City approved civil engineering plan submitted to the City for the associated development entitlements and further demonstrated in Exhibit “5” which is permanently retained on file with the City In addition, the mitigation measures described in Environmental Impact Report (EIR) 2021-70442 shall be implemented.

N. Affordable Housing Component:

To help meet the City’s RHNA numbers the mixed-use residential areas will contain 54 affordable units (16% of total units) for qualifying low-income households, based on the median income for Ventura County as published by the State of California pursuant to California Code of Regulations, Title 25, Section 6932, or successor provision.

Unit type mix will be 9 four (4) studio units, 26 one-bedroom units, and 20 two-bedroom units. In addition, applicant has agreed to dedicate 4 units for moderate-income residents consisting of two (2) studio units and two (2) one-bedroom units. These affordable unit will be blended in among the market rate units. Rental obligations for the low-income affordable units shall remain for such designated income groups for a fifty-five (55) year period from when such units are completed. There shall be a recorded Affordable Housing Agreement between the owner of the project and the City specifying the affordable income level served and guaranteeing the affordability of dwelling units constructed.

9. Administration
A. New Land Uses or structures, changes to land uses or structures. It shall be unlawful, and a violation of this Specific Plan, for any person to establish, construct, reconstruct, enlarge, alter, or replace any use of land or structure, except those in compliance with the requirements of this Specific Plan. No Building Permit or Grading permit shall be issued by the City unless the proposed construction complies with all applicable provisions of this Specific Plan.

B. Conflicting Requirements. If a conflict occurs between requirements of this Specific Plan, or between this Specific Plan and the City of Thousand Oaks Municipal Code or other regulations of the City, the most restrictive shall apply.

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C. Other Requirements may apply. Nothing in this Specific Plan eliminates the need for obtaining any other permits required by the City, or any permit, approval, or entitlement required by any other applicable special district or agency, and/or the regulations of any State, or Federal agency.

D. Ambiguities. The Community Development Director shall have authority to interpret the appropriateness of any proposed business operation within the commercial component. Any determination shall be consistent with the intent of the use limitations on the site and with regard to sensitive residential uses in the immediate vicinity.

10. Severability
If any condition or term herein is declared illegal, null and void, or unenforceable, the other terms and conditions shall remain in full force and effect to the fullest extent permitted by law.

11. Amendment
Amendments to Specific Plan No. 22 shall be considered pursuant to procedures established by Section 65453 of the State of California Government Code.

12. Adoption
Upon the approval of Specific Plan No. 22 by the City, and pursuant to the provisions of California Government Code Section 65453, the City shall adopt an ordinance establishing Specific Plan No. 22.

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ORD. NO. 1700-NS
ORDINANCE NO. 1700-NS

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF THOUSAND OAKS APPROVING A
DEVELOPMENT AGREEMENT (325 AND 391
HAMPSHIRE ROAD; APPLICANT: IMT CAPITAL V

HAMPSHIRE, LLC)
Part I
Based upon the information contained in the Staff Report, exhibits, and public testimony given at a public hearing on June 14, 2022, the City Council approved this Development Agreement with the following findings:

WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Government Code Sections 65864 et seq. (the “Development Agreement Statute”) which authorizes cities to enter into agreements for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property; and
WHEREAS, in accordance with the Development Agreement Statute, the City of Thousand Oaks (the “City”) has adopted regulations (the “Development Agreement Regulations”) to implement procedures for the processing and approval of development agreements in accordance with the Development Agreement Statute, which are contained in Section 9-11.01 et seq. of the Thousand Oaks Municipal Code; and
WHEREAS, the IMT Capital V Hampshire, LLC (“Developer”) desires to carry out the development of a mixed-use and multi-family residential project (“Project”) located at 325 and 391 Hampshire Road (“Property”), consistent with the General Plan, newly adopted Specific Plan (SP 22), other City rules and regulations, and the Development Agreement and vested entitlements referenced therein; and
WHEREAS, this Development Agreement (DAGR 2021-70399) will assure the City and the Developer that the Project will proceed as proposed and that the Project can proceed without disruption caused by a change in City planning and development policies and requirements, which assurance will thereby reduce the actual or perceived risk of planning, financing and proceeding with construction of the Project and promote the achievement of the private and public objectives of the Project; and
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WHEREAS, the Planning Commission, upon giving the required notice, did, on the 23rd day of May, 2022, opened 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 the 8th day of June, 2022, the Planning Commission, held a public hearing, oral and written evidence, including a staff report, were presented and received, and arguments were heard from all interested parties appearing in the matter; and
WHEREAS, the City Council of the City of Thousand Oaks held a duly noticed public hearing on the Project on June 14, 2022, during which the City Council received comments from the developer, City staff, and members of the general public and approved related entitlements and legislative actions, including a General Plan Amendment (LU) 2021-70215; Zoning Change (Z) 2021-70216; Specific Plan (SP) 2021-70397; Development Agreement (DAGR) 2021-70399; Development Permit (DP) 2021-70214; Lot Line Adjustment (LLA) 2021-70398; Protected Tree Permit (PTP) 2021-70400, and adopt and make the CEQA Findings and certify the FEIR 2021-70442.

Part 2

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF THOUSAND OAKS DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. This Ordinance incorporates, and by this reference makes a part hereof, the Development Agreement (including all exhibits to the Agreement), attached hereto as Exhibit A, subject to the provisions of Section 5 hereof.

SECTION 2. This Ordinance is adopted under the authority of Government Code Section 65864 et seq. and pursuant to the City’s “Development Agreement Regulations.”
SECTION 3. In accordance with the Development Agreement Regulations, the City Council hereby finds and determines, as follows:
(a) The Development Agreement is consistent with the goals and policies of the Thousand Oaks General Plan and Specific Plan 22; (b) The Development Agreement establishes certain development rights, obligations and conditions for implementation of the Project; (c) The Development Agreement is in conformity with public convenience, general welfare and good land use practice; Item No.7L
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(d) The Development Agreement will not be detrimental to the public health, safety and general welfare;
(e) The Development Agreement will support the orderly development of the Property and the preservation of property values; (f) The project qualifies as a “Mixed-Use” project, which is a development concept for the Specific Plan area intended to produce a broad mix of interactive uses, which will create an active and interesting atmosphere in both the daytime and evening hours.

Complementary uses are to be located in close proximity to each other in order to promote interaction between uses to advance the development concept of the Specific Plan.
(g) The project is consistent with the “commercial/residential” land use designation of the Thousand Oaks General Plan.
(h) The architectural design of the project complies with the intent and development standards of SP 22 and the City’s Architectural Design Review Guidelines, Precise Plan of Design Guidelines, Commercial Design Guidelines, and Freeway Corridor Guidelines.
(i) EIR 2021-70442 was prepared for the subject project in accordance with the California Environmental Quality Act (CEQA). A comprehensive evaluation of the potential environmental impacts for this project was performed. This evaluation determined that the project could have a significant effect on the environment without appropriate mitigation measures in place, therefore an EIR was prepared for the project. Appropriate measures are detailed in the report to ensure appropriate mitigation is in place so 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.

The project EIR identified certain environmental effects 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 included in the CEQA Findings.

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SECTION 4. The foregoing findings and determinations are based upon the following:
(a) The Recitals set forth in this Ordinance, which are deemed true and correct;
(b) The City’s General Plan, as amended by General Plan Amendment LU 2021-70215 (City Council Resolution No. 2022-028) prior to adoption of this Ordinance;
(c) Resolution No. 2022-028 for the Project entitlements, adopted by the City Council on June 14, 2022, and which Resolution and exhibits are incorporated herein by reference as if set forth in full; (d) All City Staff reports (and all other public reports and documents) prepared for the Planning Commission and City Council, relating to the Development Agreement and other actions relating to the Project;
(e) All documentary and oral evidence received at public hearings or submitted to the City during the comment period relating to the Development Agreement, and other actions relating to the Project; and
(f) All other matters of common knowledge to the Planning Commission and City Council, including, but not limited to the City’s fiscal and financial status; City policies and regulations; reports, projections and correspondence related to development within and surrounding the City, State laws and regulations and publications.

SECTION 5. The City Council hereby approves the Development Agreement, attached hereto as Exhibit A, subject further to such minor, conforming and clarifying changes consistent with the terms thereof as may be approved by the City Manager, in consultation with the City Attorney to execution thereof, including completion of references and status of planning approvals, and completion and conformity of all exhibits thereto, and conformity to the General Plan, as amended, as approved by the City Council.

SECTION 6. The approval contained in Section 5 hereof is subject to and conditioned upon Resolution No. 2022-028, adopted by the City Council approving the General Plan Amendment, becoming effective.

SECTION 7. The City Manager is hereby authorized and directed to perform all acts authorized to be performed by the City Manager in the administration of the Development Agreement pursuant to the terms of the Development Agreement.

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Part 3
(Uncodified)
The Development Agreement DAGR 2021-70399 (EXHIBIT A) is hereby approved and adopted as presented to City Council on June 14, 2022 and with the second reading held on June 28, 2022.

Part 4
(Uncodified)
Severability
If any section, subsection, clause or phase of the Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this title; it being hereby expressly declared that this title, and each section, subsection, sentence, clause and phrase hereof, would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Part 5
(Uncodified)
Effective Date
This Ordinance shall take effect on the thirty-first (31st) day following its final passage and adoption.

PASSED AND ADOPTED this 28th 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: _________________
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APPROVED AS TO FORM:

Office of the City Attorney
_____________________________
Tracy M. Noonan, City Attorney
APPROVED AS TO ADMINISTRATION:
______________________________
Andrew P. Powers, City Manager
Introduced: June 14, 2022
Published: June 21, 2022 and July 8, 2022
Ordinance No.: 1700-NS
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.

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EXHIBIT "A"

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Thousand Oaks
2100 E. Thousand Oaks Boulevard
Thousand Oaks, CA 91362
Attn: City Clerk
WITH A COPY TO:

Thomas S. Cohen
1534 N. Moorpark Road, #337
Thousand Oaks, CA 91360
(Space Above this Line is for Recorder’s Use Only)
This Development
Agreement is recorded at the
request and for the benefit of
the City of Thousand Oaks and
is exempt from the payment of
a recording fee pursuant to
Government Code § 6103.

DEVELOPMENT AGREEMENT
by and between

CITY OF THOUSAND OAKS
and

IMT CAPITAL V HAMPSHIRE, LLC
THIS DEVELOPMENT AGREEMENT is entered into this 14th day of June, 2022, by and among the CITY OF THOUSAND OAKS, a California municipal corporation (“City”), on the one hand, and IMT CAPITAL V HAMPSHIRE LLC (“Owner”), on the other hand. City and Owner are at times collectively referred to as the “Parties” herein.

R E C I T A L S
This Agreement is predicated upon the following facts, understandings, and intentions of the Parties.

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A. The State of California adopted the Development Agreement Act to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development. Sections 65865 through 65869.5 of the California Government Code Section (the Development Agreement Act), authorizes City and persons who have legal or equitable interests in real property to enter into a binding development agreement establishing certain development rights in the real property that is the subject of the development project application. City has also codified the process of development agreements in Chapter 11 of Title 9 of the Thousand Oaks Municipal Code (“TOMC”).

B. Throughout this Agreement, including the Recitals contained herein, certain capitalized terms are used which are defined in Section 1 of this Agreement. City and Owner intend to refer to those definitions when the capitalized terms are used.

C. Pursuant to Government Code Section 65865, City adopted Title 9, Chapter 11 of the TOMC – Development Agreements (“Development Agreement Ordinance”), further authorizing this Agreement and establishing the City Council’s intent that development agreements be entered into in those situations where the agreement is fair, just and reasonable at the time of its execution; and where it is prompted by the necessities of the situation, or is, by its nature, advantageous to City.

D. Throughout this Agreement the terms “Owner” or “Developer” may be used synonymously, and both refer to IMT Capital V Hampshire, LLC.

E. On May 12, 2020, the City Council adopted Resolution No. 2020-014, “A Resolution of the City Council of the City of Thousand Oaks Declaring Intention to Consider an Amendment to the Land Use Element of the General Plan and Allowing Concurrent Processing of Entitlement Applications for Land Located at 325 and 391 Hampshire Road (LU 2020-70104 / RCA 2020-70105: IMT Capital V Hampshire, LLC)”.

As part of that Resolution, the City Council approved LU 2020-70104 and RCA 2020- 70105, allocating 353 residential dwelling units of Citywide Measure E residential capacity to the Property.

F. Owner and the City have agreed that the parties should enter into a development agreement pursuant to City’s Development Agreement Ordinance and proceedings have been taken in accordance with the rules and regulations of City and State law.

G. Owner voluntarily enters into this Agreement to implement the General Plan and in consideration for the rights conferred and the procedures specified herein for the development of 325 and 391 Hampshire Road, Thousand Oaks, California A.P.N.

Numbers 676-0-150-375, -365 and -285 (“Property” or “Project site”). City, in the exercise of its legislative discretion, voluntarily enters into this Agreement to implement the General Plan Amendment and in consideration of the agreements and undertakings of Owner as specified herein.

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H. Concurrent with this Agreement, Owner proposed that City grant Owner the following land use entitlement approvals (hereinafter “Project Approvals”) for the Project (defined below in Section 1 – Definitions) which are incorporated and made a part of this Agreement.
a. General Plan Amendment No. LU 2021-70215 to
Commercial/Residential;
b. Specific Plan 2021-70397 (with density bonus units in exchange for affordable housing);
c. Zone Change and Zoning Map Amendment 2021-70216;
d. Development Permit (DP) 2021-70214
e. Protected Tree Permit No. 2021-70400
f. Lot Line Adjustment (LLA) 2021-70398
g. Development Agreement (DAGR) 2021-70399
h. Environmental Impact Report (EIR) 2021-70442
I. During the application process, Owner submitted architectural plans, site plans, landscape plans and grading plans to the City for review by staff. The Project was approved subject to certain conditions and the approved plan and conditions of approval are attached to this Agreement as Exhibits C and D.

J. City has approved the Project, subject to the associated conditions, and determined that this Agreement is consistent with City’s General Plan and Specific Plan No. 22 and specifically determined that this Agreement: (1) is fair, just and reasonable; (2) is prompted by the necessities of the situation and is by its nature advantageous to City; and, (3) that this Agreement encourages and assures private participation in the construction of housing stock, as determined in the absolute discretion of the City Council.

K. On May 23, 2022, the Planning Commission of City considered the Project, the material terms of this Agreement, and the Environmental Impact Report (“EIR”) at a duly noticed public hearing and made appropriate findings that the provisions of this agreement are consistent with the General Plan and recommended approval of the Project to City Council. This Agreement was thereafter considered by City Council at a duly noticed public hearing on June 14, 2022, in accordance with State law and City’s Development Agreement Ordinance.

L. The City Council, after conducting a duly noticed public hearing on June 14, 2022, considered, confirmed, and approved that the Project’s EIR adequately addresses the environmental impacts of the Project at the Project Site, including consideration of the Item No.7L
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Project Approvals, approved the form and material elements of this Agreement, authorized the execution of this Agreement, and found that the provisions of this Agreement are consistent with the General Plan, State law, and the Development Agreement Ordinance. The City Council conducted the first reading of the new ordinance on June 14, 2022, followed by the City Council’s second reading of the new ordinance on June 28, 2022.

M. This Agreement and the consent of Owner to each of its terms, conditions, and obligations will eliminate uncertainty in planning and provide for the orderly development of the Property consistent with the policies and objectives of the General Plan, Specific Plan No. 22, and proposed zoning, as well as provide funding for certain public infrastructure improvements needed for the Project or public projects as further identified in this Agreement. All such public improvements or projects are beneficial to the health, safety, and general welfare of the City in general.

N. In exchange for the benefits to City listed herein, City agrees to take those actions required to facilitate Owner’s development of the Project, including the approval, adoption, or issuance of necessary development permits and the future ministerial approval of any additional building plans, building permits, occupancy permits, and other such permits necessary to implement the Project (“Ministerial Approvals”) which are consistent with this Agreement.

O. It is the intent of the Parties that all acts referred to in this Agreement shall be accomplished in such a way as to fully comply with the California Environmental Quality Act (“CEQA”), state law governing adoption of development agreements, the Thousand Oaks Municipal Code, City’s Development Agreement Ordinance, and applicable development entitlements.

P. This Agreement is made and entered into in consideration of the mutual covenants and in reliance upon the various representations and warranties contained herein. The Parties acknowledge that, in reliance on the agreements, representations, and warranties contained herein, Owner will take certain actions, including making substantial investments and expenditures of monies, relative to the Property and the development thereof.

Q. This Agreement will eliminate uncertainty in planning for and securing orderly development of the Project, provide certainty necessary for the Owner to make significant investments in public infrastructure, public gathering areas, and other improvements and public infrastructure, and other improvements, assure the timely and progressive installation of necessary improvements and public services, establish the orderly and measured build-out of the Project consistent with the vision of City’s Specific Plan No. 22 and will provide public benefits to City it would not be entitled to absent this Agreement. All such public improvements or projects are beneficial to the health, safety, and general welfare of the City in general.

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R. The terms of this Agreement support a vital and important interest of City by ensuring the development is consistent with the General Plan, Specific Plan No. 22 and the upgrading of City infrastructure and improvements.

S. In exchange for the benefits to City, Developer desires to receive the General Plan Amendment and other Project Approvals to permit mixed use on the Property, the designated number of residential units allocated for the Project, assurance that it may proceed with the Project in accordance with the Project Approvals and existing land use ordinances and development standards in effect on the Agreement Date, subject to the terms and conditions contained in this Agreement and, to secure the benefits afforded Developer by Government Code §65864 et seq., and the City’s Development Agreement Ordinance.

T. For the foregoing reasons, Owner, and the City (each individually, a “Party” and, collectively, the “Parties”) desire to enter into a development agreement for the Project pursuant to the Development Agreement Act and other applicable laws upon the terms and conditions set forth herein and, in the exhibits, attached hereto.

A G R E E M E N T
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants contained in this Agreement as well as in consideration of the mutual promises and covenants herein contained and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. Definitions

1.1. “Agreement” means this Development Agreement, identified as City of Thousand Oaks Development Agreement No. 2021-70399.

1.2. “Agreement Date” means the date this Agreement is executed by both City and Owner.

1.3. “Agreement Effective Date” is the date on which this Agreement is attested by the City Clerk of the City after execution by Owner and Mayor of the City.

1.4. “Applicable Rules and Laws” means the City’s rules, regulations, ordinances, and official policies in force and effect as of the Agreement Effective Date governing permitted uses of the land, the density or intensity of use, the maximum height and size of proposed buildings, parking requirements, setbacks, development standards, the provisions for reservation or dedication of land for public purposes, as well as those rules and laws governing design, improvement, and construction standards, specifications, policies and guidelines applicable to development of the Property, including the General Plan, as amended by the General Plan Amendment, and Specific Plan No. 22, and unless otherwise provided by this Agreement or the Project Approvals.

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1.5. “CEQA” means the California Environmental Quality Act and any state and local rules, regulations or guidelines adopted pursuant thereto.

1.6. “City” means the City of Thousand Oaks, California.

1.7. “Development Agreement Ordinance” means Title 9, Chapter 11 of the Thousand Oaks Municipal Code wherein City has set forth the procedures and requirements for consideration and administration of development agreements.

1.8. “Development Fees” means any monetary fee or exaction other than a tax or special assessment that would be charged by a local government agency pursuant to Government Code Section 66000, et seq., to a project applicant in connection with new development for the purpose of defraying all or a portion of the cost of public facilities related to the new development, including without limitation, fees for utility construction, use, linkage or connection fees; public transit; traffic improvement and operations and any other traffic-related fees; affordable housing; sustainability or green initiatives; capital facilities; police and fire; parks; libraries; and other exactions, assessments, fair share charges or other similar impact fees or charges imposed on and in connection with new development.

1.9. “Future Development Entitlements” means all necessary City discretionary approvals (including conditions of approval) for the development of the Project that are not addressed in this Agreement and that must be consistent with the current General Plan and Zone Change Ordinance for the Project Site, the Applicable Laws, and this Agreement.

1.10. “General Plan” means the General Plan of the City.

1.11. “Low Income Households” means household at or below 80 percent of the Area Median Income. Refer to the 2022 Ventura County Income Limits chart attached hereto as Exhibit F and future amendments and revisions thereto.

1.12. “Measure E Residential Capacity” means the citywide residential units available for reallocation to a proposed development project pursuant to Section 9-

2.203 of City’s Municipal Code.

1.13. “Ministerial Approvals” means the non-discretionary City permits and approvals necessary for the development of the proposed Project as required by the Applicable Laws or State law, including but not limited to approval of building plans, final map, building permits, occupancy permits, and other similar types of permits necessary to implement the Project. Notwithstanding the foregoing, Ministerial Approvals may be processed and approved in accordance with amended versions of the Applicable Laws upon Owner’s request and in Owner’s sole discretion.

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1.14. “Moderate Income Households” means household at or below 120 percent of the Area Median Income. Refer to the 2022 Ventura County Income Limits chart attached hereto as Exhibit F and future amendments and revisions thereto.

1.15. “Owner” or “Developer” means IMT Capital V Hampshire, LLC, and each and all of their respective transferees, partners, successors, and assigns, whether voluntary or involuntary.

1.16. “Processing Fees” means fees and charges (i) adopted by the City for the purpose of defraying the City’s reasonable costs incurred or to be incurred in the processing and administration of any form of permit, license, or land use entitlements, or (ii) imposed by the City to defray the costs of periodically updating its plans, policies, and procedures, including but not limited to, the fees and charges referred to in Government Code Section 66014.

1.17. “Project” means the proposed development of the Property in accordance with the Project Approvals, this Agreement, and the conditions of approval and mitigation measures adopted as part of this Agreement.

1.18. “Project Approvals” means those discretionary City permits and approvals, including those listed in Recital H of this Agreement (including conditions of approval), necessary for the development of the proposed Project consistent with the needed General Plan amendment and Zone Change for the Project Site, the TOMC and other Applicable Laws in effect on the Agreement Effective Date, any amendment to such permit or approval allowed by the TOMC and this Agreement.

1.19. “Property” is that certain real property located within the City of Thousand Oaks at 325 and 391 Hampshire Road, Thousand Oaks, California 91362, APN 676-0-150-375 and as more particularly described in Exhibit A attached hereto. The Property may also be referred to from time to time herein as the “Project Site.”

1.20. “Reserved Powers” means the rights and authority expected from this Agreement’s restriction on the City’s police powers and which are instead reserved to the City. The Reserved Powers include (a) the powers to enact regulations or take future Discretionary Actions after the approval of the Project Approvals that may be in conflict with the Applicable Rules and Project Approvals, but (i) are necessary to protect the public health and safety, and are generally applicable on a citywide basis (except in the event of natural disasters as found by City Council such as floods, earthquakes, pandemics and similar acts of God), (ii) are necessary to comply with State or federal laws and regulations (whether enacted previous or subsequent to the final administrative approval of the Project Approvals), or (iii) constitute Processing Fees and charges imposed or required by the City to cover its actual costs in processing applications, permit requests and approvals of the Project or in monitoring compliance with permits issued or approvals granted for the performance of any conditions imposed on the Project, unless otherwise waived in writing by the City, and (b) the power to enact and amend the Building Codes.

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1.21. “Term” means the period of time for which this Agreement shall be effective in accordance with Section 3 below.

2. Exhibits. The following documents are referred to in this Agreement, attached hereto and made a part hereof by this reference.

Exhibits Designation Description
A Legal Description of Property
B Site Plan
C Project Plan Set dated May 3, 2022
D Conditions of Approval
E Green Initiative Outline for T.O. Ranch
F 2022 Ventura County Income Limits
Chart

3. Agreement Effective Date and Term.

3.1. Agreement Term. This Agreement shall become effective (“Agreement Effective Date”) as set forth in Subsection 1.3 above. Unless extended by mutual written agreement of the Parties, this Agreement shall expire and be of no further force or effect on the earlier of seven (7) years from the Agreement Effective Date (“Term”) or the date on which the City issues a Certificate of Occupancy or approves final permits to allow occupancy of buildings for the Project. The term may be terminated, modified, or extended by mutual consent in writing of the Parties with good cause, not to be unreasonably withheld by the City. Owner intends to submit plans for building permits within the first year of the Term, subject to unforeseen delays and the Parties will act in good faith to move the project forward through construction and completion in a time efficient manner.

3.2. Expiration of Term. Following the expiration of the Term, this Agreement shall terminate and be of no further force and effect, except with respect to terms and provisions that expressly survive the termination of this Agreement. If this Agreement is terminated because the City has issued a Certificate of Occupancy or otherwise issued final occupancy permits for the entire Project, then Owner’s obligations to make any Public Benefit Payments or provide the Public Benefits as identified in Section 6.1, below, shall survive such termination until the obligation has been completely satisfied. In the event the Project Approvals are challenged the Term is tolled through the Item No.7L
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duration of the litigation. All Project Approval expiration dates will extend through the term of the Agreement.

4. State Enabling Statute. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted the Development Agreement Act which authorizes any city to enter into binding development agreements establishing certain development rights in real property with persons having legal or equitable interest in such property. Section 65864 of the Development Agreement Act expressly provides as follows:
“The Legislature finds and declares that:
(a) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and
discourage investment in and a commitment to
comprehensive planning which would make maximum
efficient utilization of resources at the least economic cost to the public.
(b) Assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules, and regulations, and subject to conditions of approval will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic cost of development.”
Notwithstanding the foregoing, to ensure that the City remains responsive and accountable to its residents while pursuing the benefits of development agreements contemplated by the Legislature, the City: (1) accepts restraints on its police powers contained in development agreements only to the extent and for the duration required to achieve the mutual objectives of the Parties as permitted hereunder; and (2) to offset controls and conditions imposed on development project applications.

5. Purpose of this Agreement.

5.1. Public Benefits. This Agreement provides assurances that the public benefits identified in Section 6.1, below, will be achieved in accordance with the Applicable Rules and Project Approvals and with the terms of this Agreement and subject to the City’s Reserved Powers;

5.2. Developer Objectives. In accordance with the legislative findings set forth in the Development Agreement Act, and with full recognition of the City’s policy of judicious restraints on its police powers, Developer wishes to obtain reasonable assurance that the Project may be developed in accordance with the Applicable Rules, Item No.7L
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the Project Approvals, and other Discretionary Actions and with the terms of this Agreement, but subject to the City’s Reserved Powers. In the absence of this Agreement, Developer would have no assurance that it can complete the Project with the parcelization, uses and to the density and intensity of development (including, without limitation, the location and number of improvements, proposed height and building limits (e.g., maximum density, maximum floor area, etc.) and the provisions of open space, vehicular access, and parking set forth in this Agreement, the Project Approvals, and other Discretionary Actions. This Agreement, therefore, is necessary to assure Developer that, except as otherwise expressly provided in this Agreement, the Project will not be (a) reduced or otherwise modified in density, intensity or use from what is set forth in the Project Approvals and other Discretionary Actions, (b) “subjected to new rules, regulations, ordinances or official policies or plans that are not adopted or approved pursuant to the City’s Reserved Powers or (c) subjected to unreasonable delays for reasons other than Citywide health and safety enactments related to force majeure events such as, but not limited to, floods, earthquakes, pandemics, labor shortages and similar acts of God.

5.3. Mutual Objectives. Development of the Project in accordance with this Agreement will provide for the orderly development of the Property in accordance with the policies and objectives set forth in the General Plan, as amended by the General Plan Amendment. Moreover, this Agreement will eliminate uncertainty in planning for and securing orderly development of the Property, assure installation of necessary improvements for, and other features of, the Project reflected in the Project Approvals, assure attainment of maximum efficient resource utilization within the City at the least economic cost to its citizens and otherwise achieve the goals and purposes for which they Development Agreement Act was enacted. The Parties believe that such orderly development of the Project will provide public benefits to the City through the imposition of development standards and requirements under this Agreement, including without limitation increased tax revenues, installation of onsite and offsite improvements, creation and retention of jobs, and the development of an aesthetically attractive Project, as well as the public benefits described in Section 6.1, below. In addition, although development of the Project in accordance with this Agreement will restrain the City’s land use or other relevant police powers, this Agreement provides the City with sufficient reserved powers during the Term hereof to remain responsible and accountable to its residents. In exchange for these and other benefits to the City, Developer will receive assurance that the Project may be developed during the Term of this Agreement in accordance with the Applicable Rules, Project Approvals and other Discretionary Actions, and the Reserved Powers, subject to the terms and conditions of this Agreement.

5.4. Applicability of the Agreement. This Agreement does not (a) grant height, density or intensity in excess of that otherwise established in the Applicable Rules and the Project Approvals; (b) eliminate future Discretionary Actions relating to the Project if applications requiring such Discretionary Action are initiated and submitted by the Owner of the Property after the Effective Date of this Agreement; (c) guarantee that Developer will receive any profits from the Project; (d) prohibit the Project’s participation in any benefit assessment district that is generally applicable to surrounding properties; Item No.7L
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(e) amend the General Plan or Specific Plan No. 22, or (f) amend the City’s Planning and Zoning Code (Title 9). This Agreement has a fixed Term. Furthermore, in any subsequent Discretionary Actions applicable to the Property, the City may apply such new rules, regulations and official policies as are contained in its Reserved Powers.

6. General Acknowledgement. This Agreement is entered into for the purpose of permitting the development of the Property in a manner that will assure certain anticipated benefits to both City and Owner as set forth in this Section.

6.1. Benefits to City and Obligations of Owner. The benefits to City (including, without limitation, the residents of City) and obligations of Owner under this Agreement include, but are not limited to:

6.1.1. Construction of the Project in a maximum of two phases which increases residential stock in the City by adding up to 370 market rate apartments with a mix of unit types;

6.1.2. Provision for Fifty (50) affordable to Low Income Households apartment units in the podium buildings made up of 20 two-bedroom units, 26 onebedroom units, and 4 studio units;

6.1.3. Provision for four (4) Moderate Income Household apartment units which is defined as a household at or below 120 percent of the Area Median Income.

The Project’s Moderate Income Household units shall comprise of two (2) studio and two (2) one-bedroom units;

6.1.4. Removal of non-conforming uses and blighted structures, and replacement with conforming mixed-use residential and commercial uses and structures;

6.1.5. Construction of a commercial retail and restaurant uses with parking and various amenities;

6.1.6. Publicly accessible exterior plazas and open spaces with a dog park, pocket parks and pathways as generally shown on Exhibits B and C equating to approximately 124,170 or 59% of the total building footprint square footage, including two large exterior public plazas with a minimum dimension of 20 feet;

6.1.7. Provision of necessary fees, dedications and public improvements that will provide benefits for the community;

6.1.8. Approximately 4,000 square feet of work/share space;

6.1.9. Enhanced architectural design with appropriate massing and scale, extensive articulation, glazing, and extensive detailing with upgraded materials; Item No.7L
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6.1.10. Undergrounding of overhead electrical and other lines and removal of up to four (4) power poles along Foothill Drive;

6.1.11. Integrate sustainable features including but not limited to rooftop solar farm and EV charging stations. Additionally, 5% of the total parking spaces (40 spaces) will be equipped with EV chargers on the first day the apartments are approved to be occupied. 30% of the parking spaces (240 spaces) will be Future EV Ready. The combination of EV Ready and Future EV ready equates to 35% of the total 802 parking spaces. Owner will also be installing all electric appliances for all 420 residential units, and a dedicated car sharing program, all which go beyond Title 24 requirements. Exhibit E is attached which outlines the green initiatives vision for T.O.

Ranch;

6.1.12. Seven (7) live/work units which results in the Project providing vehicular trip reduction benefits as a result of the dedication of live/work units and work share space for use by the residents of T.O. Ranch. In addition, onsite retail and restaurants will also result in fewer vehicle miles traveled thereby reducing air, noise, and traffic impacts on the community at-large;

6.1.13. Owner’s agreement to construct a lecture room / tutoring center in the residential amenity space with a dedication to allow the space to be used for school tutoring for children residing at T.O. Ranch.

6.2. Benefits to Owner and Obligations of City. Owner will expend time and money in constructing public improvements and facilities in connection with the Project, and thus the vested rights provided by this Agreement will be of considerable benefit to Owner. The benefits to Owner and obligations of City also include the following:

6.2.1. City’s adoption of a General Plan amendment, Zone Change and Specific Plan and approval of the other Project Approvals to provide for mixed use including retail, restaurants, and residential units on the property, which significantly enhances the value of the Property;

6.2.2. Consistent with California Government Code Section 65915, the City’s approval of 91 “density bonus” market rate units above and beyond the 329 base density units permitted by the General Plan’s 30 dwelling units per acre limitation, in exchange for 50 affordable units reserved for Lower Income Households (i.e., 15% of the 329 base density units);

6.2.3. City’s adoption of a General Plan amendment that provides for commercial/retail uses as detailed in the attached exhibits;

6.2.4. City’s guarantee that certain Processing Fees and Development Fees related to development of the Property will not increase during the term of the Agreement;
Item No.7L
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6.2.5. City’s agreement to allow Owner to defer payment of City Development Fees for up to twenty-four (24) months from the Agreement Effective Date;

6.2.6. City’s agreement to allow Owner to have all applications for City entitlements processed in accordance with the Project Approvals and Applicable Laws during the Term of this Agreement. All Project Approvals will last for the Term of the Agreement unless terminated by mutual consent or pursuant to the rights and authority provided for under this Agreement;

6.2.7. City’s agreement to not change the existing zoning and General Plan designations of the Property without Owner’s consent during the Term of this Agreement; and

6.2.8. City’s assurance that any permits for the Project as described herein for which owner has submitted plans entitled “Project Plans” (attached as Exhibit F) will be processed expeditiously and assigned a dedicated City planner.

7. Project Development

7.1. Project Description and Binding Covenants. The Property is that property described in the attached Exhibits A and B which include a map showing its location and boundaries. The Property is commonly described as located at 325 and 391 Hampshire Road, Thousand Oaks, California A.P.N.s 676-0-150-375, -365 and -285.

Owner represents that it has a legal or equitable interest in the Property and that all other persons holding legal or equitable interests in the Property (excepting owners or claimants in easements) agree to be bound by this agreement. The Parties intend and determine that the provisions of this Agreement shall constitute covenants which shall run with said Property, and the burdens and benefits hereof shall bind and inure to all successors in interest to the Parties hereto.

7.2. General Development. Any development of the Project on the Property shall be conducted in accordance with the terms and conditions of this Agreement and attached exhibits.

7.3. Ministerial Approvals. City hereby agrees that Ministerial Approvals for the Project will be approved in a manner consistent with the Project Approvals and Applicable Laws, provided that Owner satisfactorily complies with all preliminary procedures, actions, payments, criteria, and regulations applicable as of the Agreement Effective Date and generally required of developers by City for processing applications for developments at such time.

7.4. CEQA Compliance. The City Council approved the current General Plan Land Use Element designation and zoning for the Property after considering the information and findings of the Environmental Checklist for this Project and EIR No. 2021- 70442. The Project is subject to all applicable mitigation measures and project design features as described in EIR No. 2021-70442.

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7.5. Permitted Uses and Development Standards. In accordance with and subject to the terms and conditions of this Agreement, Developer shall have a vested right to develop the Property for the uses and in accordance with and subject to the terms and conditions of this Agreement, the Project Approvals, the Future Development Entitlements (if and when approved), Ministerial Approvals (if and when approved), any amendments to the foregoing approved by the City, and, to the extent not addressed in the foregoing, the Applicable Laws, the exhibits attached hereto and incorporated herein by reference, and any amendments to the Project Approvals or Agreement as may, from time to time, be approved pursuant to this Agreement.

7.6. Owner to Build Approved Project. Owner hereby agrees that development of the Project shall be in accordance with the Project Approvals, including the conditions of approval and the mitigation measures and project design features for the Project as adopted by City, any amendments to the Project Approvals or Agreement as may, from time to time, be approved pursuant to this Agreement, the Future Development Entitlements (if and when approved), Ministerial Approvals (if and when approved), any amendments to the foregoing approved by the City, and, to the extent not addressed in the foregoing, the Applicable Laws. Nothing in this Section shall be construed to restrict the ability to make minor changes and adjustments in accordance with Subsection 10.2. Notwithstanding the foregoing, nothing in this Agreement shall require Owner to construct the Project or pay fees for any portion of the Project that Owner does not construct.

7.7. Timing of Development. The California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that failure of the parties in that case to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over the parties’ agreement. It is the intent of Developer and the City to cure that deficiency by expressly acknowledging and providing that any future City action that purports to limit over time the rate or timing of development or to alter the sequencing of development phases (whether adopted or imposed by the City Council or through the initiative or referendum process) shall not apply to the Project and shall not prevail over this Agreement. In particular, but without limiting any of the foregoing, no numerical restriction shall be placed by the City on the amount of total square feet or the number of buildings, structures, residential units that can be built each year on the Property except as expressly provided in this Agreement.

The Project shall be completed within the Term unless extended pursuant to this Agreement. Owner intends to submit plans for building permits within the first year of the Term, subject to unforeseen delays.

8. Rules, Regulations, and Fees.

8.1. Main Rules, Regulations, Ordinances and Policies. For the Term of this Agreement, the rules, regulations, ordinances and official policies governing the permitted uses of land, the density and intensity of use, phasing, design, improvement and construction standards and specifications applicable to the development of the Item No.7L
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Thousand Oaks City CouncilJune 28, 2022

Thousand Oaks City Council
June 28, 2022