Thousand Oaks City Council
July 5, 2022

at a fixed location that packages or repackages cannabis or cannabis products or labels or container.
“Manufacturing s ite” means a location that produces, prepares, propagates, or compounds cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, an d is owned and operated by a person issued a valid commercial cannabis business permit for manufacturing from the City of Thousand Oaks and, a valid state license as required for manufacturing of cannabis products.
“Medicinal cannabis” or “medicinal can nabis product” means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in Calif ornia who possesses a physician's recommendation.
“Operation” means any act for which licensure is required under the provisions of this chapter, or any commercial transfer of cannabis or cannabis products.
“Owner” means any of the following:
(1) A person with an aggregate ownership interest of 20 percent or more in the Commercial Cannabis Business, unless the interest is solely a security, lien or encumbrance. For purposes of this section, “aggregate” means the total ownership interest h eld by a single person through any combination of individually held ownership interests in a commercial cannabis business and ownership interests in an entity that has an ownership interest in the same commercial cannabis business. For example, a person wh o owns 5 percent of the stock in a commercial cannabis business as an individual shareholder and 100 percent of the stock in an entity that owns 5 percent of the stock in the same commercial cannabis business has a 10 percent aggregate ownership interest i n the commercial cannabis business.
(2) An individual who manages, directs, or controls the operations of the Commercial Cannabis Business, including but not limited to:
(a) A member of the board of directors of a nonprofit.
(b) A general pa rtner of a Commercial Cannabis Business that is organized as a partnership.
(c) A non -member manager or manager of a Commercial Cannabis Business that is organized as a limited liability company. (d) The trustee(s) and all persons who have contro l of the trust and/or the Commercial Cannabis Business that is held in trust.

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(e) An individual with the authority to provide strategic direction and oversight for the overall operations of the Commercial Cannabis Business, such as the chief executive officer, president or their equivalent, or an officer, director, vice president, general manager or their equivalent.
(f) When an entity is an owner in a Commercial Cannabis Business, all entities and individuals with a financial interest in the enti ty shall be disclosed to the City and may be considered owners of the Commercial Cannabis Business.

For example, this includes all entities in a multi - layer business structure, as well as the chief executive officer, members of the board of directors, par tners, trustees and all persons who have control of a trust and managing members or non-member managers of the entity. Each entity disclosed as having a financial interest must disclose the identities of persons holding financial interests until only individuals remain. “Package” means any container or receptacle used for holding cannabis or cannabis products.
“Patient” or “qualified patient” shall have the same definition as California Health and Safety Code Section 11362.7 et seq., as it may be amend ed, and which means a person who is entitled to the protections of California Health & Safety Code Section 11362.5.
“Person” includes any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, b usiness trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.
“Person with an identification card” shall have the meaning given that term by California Health and Safety Code Section 11362.7.
“Physician's recommendation” means a recommendation by a physician and surgeon that a patient use cannabis provided in accordance with the Compassionate Use Act of 1996, found at Section 11362.5 of the Health and Safety Code.
“Premises” means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee.
“Purchaser” means the customer who is engaged in a transaction with a licensee for purposes of obtaining cannabis or cannabis products. “Retailer” or “Cannabis Retailer” means a commercia l cannabis business facility where medicinal or adult-use cannabis, cannabis products, or devices are offered, either individually or in any combination, for retail sale, including an establishment (whether fixed or mobile) that delivers, pursuant to expr ess authorization, cannabis and cannabis products as part of a retail sale, and where ORD NO. 1703-NS
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the operator holds a valid commercial cannabis business permit from the City of Thousand Oaks authorizing the operation of a retailer, and a valid state license as required by state law to operate a retailer.
“Sell,” “sale,” and “to sell” include any transaction whereby, for any consideration, title to cannabis or cannabis products are transferred from one person to another, and includes the delivery of cannabis or cann abis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a licensee to the licensee from whom the cannabis or cannabis product was purchased.
“State” means the State of California, or an of its departments or divisions, having regulatory oversight over cannabis or cannabis products, including the Department of Cannabis Control.
“State License” means a permit or license issued by the State of California, or one of its departments or divisions, under MAUCRSA and any subsequent State of California legislation regarding the same to engage in commercial cannabis activity.
“Testing laboratory” means a laboratory, facility, o r entity in the state that offers or performs tests of cannabis or cannabis products and that is both of the following:
(1) Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis.
(2) Licensed by the State.
“Topical cannabis” means a product intended for external application and/or absorption through the skin. A topical cannabis product is not considered a drug as defined by Section 109925 of the California Health and Safety Code. “Transport” means the transfer of cannabis products from the permitted business location of one licensee to the permitted business location of another licensee, for the purposes of conducting commercial cannabis activity authorized by MAUCRSA which may be amended or repealed by any subsequent State of California legislation regarding the same.
“Youth center” has the same meaning as in Section 11353.1 of the Health and Safety Code.

Part 4
Section 5-29.08(a) of the Thousand Oaks Municipal Code is amended to read as follows:

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Sec. 5-29.08. Maximum number and type of authorized commercial cannabis businesses permitted.
(a) Cannabis Retailer: maximum of two (2).

Part 5
Section 5-29.11 of the Thousand Oaks Municipal Code is amended to read as follows:

Sec. 5-29.11. Revocation of permits.

A commercial cannabis business permit may be revoked for any violation of any law and/or any rule, regulation and/or standard adopted pursuant to Sections 5-29.13 and 5-29.14 or any Operations Agreement entered into between City and the selected Cannabis Retailer or Cannabis Testing Laboratory Operator. The process for revocation shall be made part of the Operations Agreement.

Part 6
Section 5-29.12(a) of the Thousand Oaks Municipal Code is amended to read as follows:

Sec. 5-29.12. Renewal applications.
(a) An application for renewal of a commercial cannabis business permit for a Cannabis Retailer or Cannabis Testing Laboratory shall be filed at least sixty (60) calendar days prior to the expiration date of the current permit. A permit for Delivery from licensed facilities shall be renewed before the Delivery permit expiration date.

Part 7
Section 5-29.14(a) of the T housand Oaks Municipal Code is amended to read as follows:

Sec. 5 -29.14. Effect of federal enforcement to suspend, prohibit, revoke, terminate California or local entity licensing laws for recreational or commercial cannabis.

Federal government action suspending, prohibiting, revoking or otherwise terminating State of California's or City's laws permitting recreational or medicinal marijuana licensing as currently permitted under MAUCRSA shall immediately result in the complete ban of all commercial lic enses permitted under this chapter. Such Federal government action shall also result in the immediate ban of all personal or recreational use permitted under MAUCRSA or any other State ORD NO. 1703-NS
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law permitting the use or possession of cannabis permitted under this c hapter or any other Title of the City's municipal code and make null and void any City permits to a commercial Cannabis Retailer or Testing Facility previously issued under this chapter.

Part 8
Section 5-29.18(b) of the Thousand Oaks Municipal Code is amended to read as follows:

Sec. 5-29.18. Commercial cannabis business permit selection process. (b) The top final applicants for a Cannabis Retailer may be invited to attend the City Council meeting, where they may be expected to make a public presentation and provide an overview of their proposal.

Part 9
Section 5-29.24 of the Thousand Oaks Municipal Code is amended to read as follows:

Sec. 5-29.24. Location and design of commercial cannabis businesses.

Cannabis businesses permitted to engage in Retailer and Testing Laboratory activities are subject to the following zon ing and locational requirements:
(a) The commercial cannabis business must be located on property in a zone pursuant to Title 9, Chapter 4, and must meet all of the requirements for development in that zone; and
(b) The property on which the commercial cannabis business is located must also meet all of the following distance requirements:
(1) It shall be no closer than six hundred (600) feet of any of the following:
(i) Any residentially used parcel as of the date the cannabis business permit is issued.
(ii) Any school providing instruction in kindergarten or any grades 1 through 12, whether public, private, or charter, including pre -school, transitional kindergarten, and K-12;
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(iii) Any commercial daycare center licensed by the State or County t hat is in existence at the time the license is issued, unless the State licensing authority or the City specifies a different radius.
(iv) Any youth center that is in existence at the time the license is issued, unless the State licensing authority or the City specifies a different radius. (2) The distance specified in this section shall be the horizontal distance measured in a straight line from the property line of the identified sensitive use to the front door of the medical cannabis cooperative, col lective, dispensary, operator, establishment, or provider without regard to intervening structures, except as modified herein.
(3) The distance between a sensitive use and a medical cannabis cooperative, collective, dispensary, operator, establishment, o r provider may be closer than six hundred (600) feet in the following situation:
(i) The commercial cannabis business and the sensitive use are separated by a freeway, with no direct pedestrian or vehicular access between the two uses.
(c) Notwithstanding the requirements of this section, a person authorized to make a Delivery in Thousand Oaks from a State -licensed Retailer located inside City of Thousand Oaks' jurisdiction may conduct such deliveries subject to a requirement that the person making the delivery maintains and controls all product as required for deliveries under State regulations, including a prohibition from storing any cannabis product in a dwelling, commercial office, storage facility, hotel room, motel room or any other structure in T housand Oaks other than the approved Cannabis Retailer facility. Any delivery person completing scheduled deliveries as legally permitted by the State and the City of Thousand Oaks, must return the unsold product to the retail operator.

Part 10
Section 5-29.27(d) of the Thousand Oaks Municipal Code is amended to read as follows:

Sec. 5-29.27. Records and recordkeeping.
(d) All commercial cannabis businesses shall maintain an inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all cannabis and cannabis products for all stages of the growing and production or manufacturing, laboratory testing and distribution processes until purchase as set forth MAUCRSA and State regulations.

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Part 11
Section 5-29.31(c) of the Thousand Oaks Municipal Code is amended to read as follows:

Sec. 5-29.31. Fees and charges.
(c) Prior to operating in the city and as a condition of issuance of a regulatory permit, the operator of the Retailer and Testing Laboratory shall enter into an Operating Agreement with the city setting forth the terms and conditions under which the Retailer and Cannabis Testing Laboratory will operate that are in addition to the requirements of this chapter, including, but not limited to, public outreach and education, community service, payment of fees and other charges as mutually agreed, and such other terms and conditions that will protect and promote the public health, safety and welfare.

Part 12
Section 5-29.32(e) of the Thousand Oaks Municipal Code is amended to read as follows:

Sec. 5-29.32. Miscellaneous operating requirements.
(e) Prior to dispensing medicinal cannabis or medicinal cannabis products to any person, a Retailer shall obtain ve rification from the recommending physician that the person requesting medicinal cannabis or medicinal cannabis products is a qualified patient.

Part 13
Sections 5-29.34(a)(1), 5-29.34(a)(2), 5-29.34(a)(3), and 5 -29.34(a)(6) of the Thousand Oaks Municipal Code are amended to read as follows:

Sec. 5-29.34. Operating requirements for retailer facilities. (1) Retailers shall verify the age and all necessary documentation of each customer to ensure the customer is not under th e age of eighteen (18) years. If a customer is under the age of twenty -one (21) years, Retailers shall confirm the customer’s possession of a valid doctor’s recommendation and/or Health and Safety Code Section 11362.71 identification card (Medical Cannabi s Card) for the purchase of medicinal cannabis or medicinal cannabis products.

For adult-use sales, Retailers shall verify that all customers are twenty -one (21) years of age or older for the purchase of adult -use cannabis or adult -use cannabis products.

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(2) Individuals must show their government -issued identification and, in the case of medicinal cannabis patients, their physician’s recommendation or a Medical Cannabis Card, in order to gain access into the Retailer. The government-issued identification and, if applicable, physician’s recommendation or Medical Cannabis Card, must also be shown at the point -of-sale station at the time of purchase. Physician’s recommendations are not to be obtained or provided at the retail location.
(3) Operating hours of the Retailer shall be limited between the hours of 8:00 a.m. through 9:00 p.m., seven days a week.
(6) The Retailer facility may have in the retail sales area of the licensed facility only that quantity of cannabis and cannabis products reasonably anticipated to meet the daily demand readily available for sale.

Part 14
Section 5-29.36 of the Thousand Oaks Municipal Code is a dded to read as follows:

Sec. 5-29.36. Packaging and labeling.

Before a retailer of commercial cannabis sells any edible cannabis or edible cannabis product to a customer, it shall be labeled and placed in tamper - evident packaging which at least meets the requirements of the MAUCRSA and all implementing rules and regulations.
(b) Labeling must include a warning if nuts or other known allergens are used, and must include the total weight, in ounces or grams, of cannabis in the package.
(c) A warning that the item is a medication and not a food must be clearly legible on the front of the package and/or must comply with Sta te packing requirements.(d) The package must have a label warning that the product is to be kept away from children.
(e) The label must also state that the product contains cannabis and must specify the date of manufacture.
(f) Any edible cannabis pr oduct that is made to resemble a typical food product must be in a properly labeled opaque, or non -see-through package, before it leaves the commercial cannabis retail business. (g) Retail products must be in a properly labeled opaque package when purchased.

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(h) The City Council may impose additional packaging and labeling requirements on cannabis or cannabis products as permitted by law.

Part 15
Section 5-29.37(c) of the Thousand Oaks Municipal Code is added to read as follows:

Sec. 5-29.37. Operating requirements for testing laboratory. (c) A Testing Laboratory performing testing shall obtain and maintain ISO/IEC 17025 accreditation as required by State regulations.

Part 16
Section 9-4.202 of the Thousand Oaks Municipal Code is amended in pa rt as follows:
1) A new definition for “Adult-use cannabis” or “adult-use product” is added to read as follows:
“Adult-use cannabis” or “adult-use product” means cannabis or a cannabis product, respectively, intended to be sold for use by adults 21 years of age and over and who do not possess a physician’s recommendation. 2) The definition for “Cannabis retailer – medical” is deleted in its entirety and replaced with a new definition for “Cannabis Retailer” to read as follows:
“Cannabis Retailer” means a commercial cannabis business facility where medicinal or adult-use cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment (whether fixed or mobile) that delivers, pursuant to express authorization, cannabis and cannabis products as part of a retail sale, and where the operator holds a valid commercial cannabis business permit from the City of Thousand Oaks authorizing the operation of a retailer, and a valid state license as required by state law to operate a retailer. 3) The definition for “Medical cannabis,” “medical cannabis product,” or “cannabis product” is deleted in its entirety and replaced with a new definition for “Medicinal cannabis” or “medicinal cannabis product” to read as follows:
“Medicinal cannabis” or “medicinal cannabis product” means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who ORD NO. 1703-NS
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possesses a physician's recommendation.

Part 17
Section 9-4.2105 of the Thousand Oaks Municipal Code is amended as follows:

Sec. 9-4.2105. Permitted use matrix - Non- residential zones.

A. The permitted use “Cannabis Retailer – Medical” under “Medical Care Uses” is replaced with “Cannabis Retailer” as follows:

Medical Care Uses
C-0 C-1 C-2 C-3 C-4 C-
2/AM
M-1 M-
2 P-L O-S
Cannabis
Retailer-
DP
Subject
to permit
pursuant
to Title
5,
Chapter
29 B. The permitted use “Cannabis Retailer” is added under “Personal and General Services” as follows:

Personal and General Services
C-0 C-1 C-2 C-3 C-
4 C-
2/AM
M-1 M-
2 P-L O-S
Cannabis
Retailer
DP
Subject
to permit
pursuant
to Title 5,
Chapter
29 ORD NO. 1703-NS
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Part 18
(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 anyone or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Part 19
This Ordinance shall take effe ct on the thirty- first (31 st) day following its final passage and adoption.

PASSED AND ADOPTED THIS 5th day of July, 2022 by the following vote:

Ayes:

Noes:

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

Office of the City Attorney
___________________________________
Patrick J. Hehir, Chief Assistant City Attorney
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APPROVED AS TO ADMINISTRATION:
____________________________________
Andrew P. Powers, City Manager
Introduced: June 28, 2022
Published: June 29, 2022 and July 15, 2022
Ordinance No.: 1703-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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TO:Andrew P. Powers, City Manager
FROM:Jonathan Serret, Cultural Affairs Director
DATE:July 5, 2022
SUBJECT: Thousand Oaks Alliance for the Arts Operations and Programming Update
RECOMMENDATION:

Receive and file Thousand Oaks Alliance for the Arts’ operations and programming update for the previous six months ending June 30, 2022.

FINANCIAL IMPACT:

No Additional Funding Requested. Staff time and associated costs for providing administrative support to the Thousand Oaks Alliance for the Arts (TOArts) are included in the Adopted FY 2022-23 Theatres Fund Budget. TOArts continues to reimburse the Theatres Fund for all salary and benefit costs associated with the Associate Director position.

BACKGROUND:

In November 2016, City Council consented to the statutory merger of the Alliance for the Arts into the Thousand Oaks Civic Arts Plaza Foundation (Foundation). In addition, City Council approved a Memorandum of Understanding (MOU) between the City of Thousand Oaks (City) and Foundation detailing the public/private agreement with the combined new nonprofit entity now known as TOArts. The MOU requires TOArts to provide the City with a written report in January and July detailing operations and programming for the previous six months and a work plan for the next six months.

DISCUSSION/ANALYSIS:

The TOArts Board has submitted a report detailing operations and programming for the last six months ending June 30, 2022 (Attachment #1).

The report discusses Board governance, development, finance, and programming and highlights the organization’s activities and programs through the first half of 2022. These highlights include TOArts’ commitment to Diversity, Equity, and Item No.10A
TOArts Operations and Programming Update
July 5, 2022

3 3
5 Inclusion (DEI), the drafting of a new strategic plan, and an enhanced focus on arts education through TOArts’ Access Arts grant program and Virtual Field Trips, which are made available through the TOArts website. Additionally, the report discusses support for programming at the Bank of America Performing Arts Center (BAPAC) through TOArts Presents and the Dr. Raymond Olson Performance Grants, which are made available to the Resident Companies and other local, nonprofit presenters using the BAPAC venues.

This report also includes a look at the year ahead and TOArts’ plans for strengthening support of the Resident Companies, continuing investment in arts education, and presenting a diverse slate of programs at BAPAC in support of the guiding vision, “Where the Arts Thrive for All.”
COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

A. Create a more equitable, accessible, safe, welcoming, and inclusive government and community regardless of race, color, ethnicity, religion, sex, physical or mental ability, sexual orientation, gender identity and expression, age, language, education, and/or socio-economic status.

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.

G. Continue City's commitment to community and cultural programs and services (such as Performing Arts/Theatres, Libraries, TOTV, Visual Arts, Youth and Senior Programs).

H. Participate in public-private and multi-jurisdictional opportunities to ensure residents have access to high levels of parks, recreation, education and leisure programs and services.

Attachments:

Attachment #1 – TOArts Operations and Programming Update CAD:901-70\js\h:\common\toarts\board\boardreports\070522 TOArts Update Staff Report Item No.10A


July 5, 2022
Andrew P. Powers
City Manager
City of Thousand Oaks
2100 Thousand Oaks Blvd.

Thousand Oaks, CA 91362
RE: TOArts Operations and Programming Update
Dear Mr. Powers,
The TOArts Board of Directors is pleased to present this report to the City of Thousand Oaks (“City”) outlining TOArts’ operations and programming for the last six months ending, June 30, 2022. It is hard to believe that TOArts celebrated its 5 th year in operation this May. On
behalf of the entire Board, I would like to th ank you for the incredible partnership that we share with the City of Thousand Oaks.

Governance
Board Membership – The TOArts Board
is currently undergoing a Blue-Ribbon Committee
process (we invite members of the community to a one time, 90-minute meeting to learn more about TOArts, and then ask them to c onsider people in their networks who might be interested in learning more about board member ship with TOArts). We expect to invite two additional community members to join our board before the end of this year.

Diversity, Equity, and Inclusion – This year, TOArts contracted with Equity Praxis Group (EPG) to provide focused consultation and cust omized training, professional development, and facilitation around the vital issues of diversity, equity, and inclusion (DEI). EPG assisted the TOArts Board with the development of strategic goals and objectives.

Strategic Planning – TOArts also contracted with EPG to facilitate a strategic planning retreat to discuss goals and objectives for the next three years and to develop an action plan for the next two years. This plan (Attachm ent #1) includes the aforementioned DEI goals and objectives.

Finance
Annual Audit – The Board reviewed and accepted the annual independent audit report for FY 2020-21 (Attachment #2) at its meeting on May 12, 2022. The audit report provides a written opinion of the auditor regarding TOArts financial statements from July 1, 2020, to June 30, 2021.

ATTACHMENT #1
Item No.10A

 ʹ
Development

Gra
titude Reception – Each year, TOArts hosts an annual Gratitude Reception to show our appreciation for our donors, members, and supporters. We were thrilled to be able to gather our donors back together in person. Additionally, we surprised John Bradley and honored him with the Lifetime Heart for the Arts Award. Thank you to Mayor Bob Engler for participating in the video acknowledgement.

Membership Program – TOArts membership continues to grow with more members who contribute monthly (as low as $7/month) or annual support. TOArts offers monthly membership (Audience Circle) as well as annual membership opportunities (Producers Club). TOArts additionally launched its legacy website www.toartslegacy.org in an effort to educate and provide a large variety of ways that a donor might support TOArts and therefore the arts in our community.

Community Involvement – TOArts continues to support CLU’s Center for Nonprofit Leadership State of the Sector event. Additionally, TOAr ts is proud to support the City’s fourth-annual Pop-Up Arts & Music Festival . Funding from TOArts was used to assist with securing diverse artists who are more reflective of the community. TOArts ’ Associate Director just finished a one-year term on the Rotary Club of Thousand Oaks Board, and has, for the past three years served on its Scholarship Committee. She also currently serves as a board member of the Greater Conejo Cham ber of Commerce. TOArts is currently a member of the Chamber’s Chairman’s Circle, having sponsored the State of the City address held here at the Kavli Theatre in December 2021, as well as their annual Recognition Gala held earlier this year.

Young Artist ’s Ensemble – The long-term agreement between the Arts Council of the Conejo Valley and the Young Artists Ensemble (YAE) program administered by the Conejo Recreation and Park District came to an end. In the interim, TOArts has agreed to serve as the fiscal receiver for the program. YAE is a fixture in the local community and provides local youth and teens, between the ages of 10 and 19, with opportunities to perform in plays and musicals.

Fundraising – TOArts was pleased to be able to present its Annual Producers Club Fundraising Luncheon at the Los Robles Greens Banquet Center this May. This one-hour lunch time event was exceptionally well attended and raised $170,000 in cash and five-year pledges for TOArts programs.

Programs and Activities
Acces
sArts – This program has a vision to suppor t elementary schools to provide high- quality sequential arts education to students throughout Ventura County. This past year, TOArts provided over $60,000 in grant funding to seven local elementary schools. In one Item No.10A

 ͵
school we funded the construction of a dance studio, in another it was artists in the classroom residencies, in a third it was weekly dance lessons and in yet another it was art supplies and so on. Additionally, TOArts was invited to be a partner with Conejo Schools Foundation and Conejo Valley Unified School District in the creation of a 5-year Strategic Arts Master Plan for the entire CVUSD K-12 student population.

Virtual Field Trips – Although TOArts was unable to bring students to the theatres as a part of the traditional Kids and the Arts program, our Virtual Field Trips were accessed by 500- 700 students each month. This video content was made available through agreements with diverse artists across the country; the specif ically curated videos were available for one month at a time and could be viewed directly through our website www.toarts.org. This year, we tried to focus on aligning with curriculum being taught in schools (e.g., Mart in’s Dream, during January, Jazzy Ash during February and so forth). Teachers were particularly grateful for the opportunity to show arts programmin g during a year when they were specifically asked to focus on core subjects of English Language Arts, Math, and Science. Well over 7,000 students and teachers accessed this content during the 2021-22 school year. They have requested we keep this program alive for the 2022-23 school year as well.

Olson Performance Grants – We were thrilled to be able to provide grant funding to our resident companies as well as other local, nonprofit performing arts groups for in-person performances this year. We distributed $120 ,600 (of which $80,000 was distributed to the three resident companies) in grant funding to help offset the costs of renting the Bank of America Performing Arts Center theatres. Ad ditionally, the three resident companies received $1,000 each in social media marketing support to promote their winter performances.

Emergency Arts Grants – At the request of the City Council, TOArts undertook the task of distributing the $500,000 in emergency arts grant funds provided by the City. Through the grant process, 19 applications were received fr om local, community arts nonprofits. After evaluation of the applications, TOArts awarded grants to 17 organizations and distributed all $500,000 in support funds.

TOArts Presents – This year, TOArts presented 51 performances between the Scherr Forum and Fred Kavli Theatres. These performances attracted more than 45,000 patrons and generated approximately $2.19 million. As t he single largest presenter at the Bank of America Performing Arts Center, TOArts took an aggressive approach to programming to promote a strong, safe re-opening of the arts and entertainment sector.

The Year Ahead
In rec
ognition of the fact that the single most important support we can provide our resident companies is to help them grow attendanc e and awareness to their performances, TOArts has solicited RFPs for an Audience Developme nt and Marketing agency to work with each of the three resident companies separately and collectively for the next three years to do Item No.10A

 Ͷ
research, develop a strategy and help implement the strategy to engage and expand their audiences and help them attract the next generation audiences.

TOArts is proud to play our role, as a partner in the community, to strengthen the creative economy through arts, culture, and entertainme nt. For the upcoming FY 2022-23, TOArts has already booked 35 performances in the Fred Kavli Theatre and Scherr Forum with more to confirm throughout the year. In addition to our Virtual Field Trips and AccessArts programs, TOArts is planning to resume in -person, experiential opportunities for local CVUSD school children through our Kids and the Arts field trips. To build upon the success of outdoor concerts presented at the Stagecoach Inn Museum, TOArts is planning a series of four concerts later this fall to promote new artists and genres in a unique, historic setting.

TOArts After Dark at Stagecoach will be presented in September and October 2022. 
On behalf of the members of the TOArts Board and staff, thank you for your continued support of our efforts and activities.

Sincerely,
David Mead
Board Chair
Attachments:

Attach
ment #1 – TOArts Strategic Plan
Attachment #2 – FY 2020-21 Audit
Attachment #3 – FY 2021-22 Programming

Item No.10A
Strategic Plan
2022 – 2024
TOArts Update - Attachment #1
to letter
Item No.10A
Strategic Plan
2022-2024
TOArts Strategic Plan 2022-2024. Developed February 5, 2022. Adopted _____________ Process Facilitated by Equity Praxis Group | www.equitypraxis.com | 805.364.2644 2 of 12 Guiding Vision
Where the Arts Thrive for All.

The performing arts have the profound ability to
inspire performers and audiences alike
to reach for the stars,
discover new perspectives,
and strengthen bonds between individuals
through shared transformative experiences.

TOArts has an ambitious goal to broaden access and exposure to the performing arts for this and future generations
through a set of innovative programs.

Mission
Current Mission
TOArts enriches lives and strengthens the fabric of the community through arts education and the presentation and support of visual and performing arts at the Bank of America Performing Arts Center and beyond.

Alternate Mission
TOArts inspires and lifts up arts, culture and entertainment through partnership, community support, education and collaboration in and around the Bank of America Performing Arts Center.

Item No.10A
Strategic Plan
2022-2024
TOArts Strategic Plan 2022-2024. Developed February 5, 2022. Adopted _____________ Process Facilitated by Equity Praxis Group | www.equitypraxis.com | 805.364.2644 3 of 12 Values
Access & Exposure
TOARTS is committed to meeting community members where they are and providing a bold, innovative, inspiring, and evolving arts experience that is accessible to all and exposes our diverse communities to the rich variety of programming available.

Diversity & Inclusion
Great art inspires and challenges. TOArts is committed to getting out of our comfort zone. This means holding ourselves accountable to the principles of diversity and inclusion on our board, on staff, in the audiences we serve, and in the artists we showcase.

A Larger Purpose
TOArts embraces a spirit of collaboration with diverse arts agencies and providers across the region.

Building Community
TOArts recognizes that the arts are a place for interaction and a shared experience. We are committed to building a sense of belonging in all aspects of our work.

Commitment to the Long Term
TOArts is committed to investing in programming for the long term. Discovery and appreciation of particular art forms takes time and we are committed to sustaining a welcome mat for the long term.

Item No.10A
Strategic Plan
2022-2024
TOArts Strategic Plan 2022-2024. Developed February 5, 2022. Adopted _____________ Process Facilitated by Equity Praxis Group | www.equitypraxis.com | 805.364.2644 4 of 12 Commitment to Diversity & Inclusion
Ventura County is home to one of the nation’s most diverse populations. TOArts is committed to ensuring that our audiences and performers alike in our community experience a sense of belonging, connection, and happiness through the arts, inclusive of diverse factors such as race, ethnicity, gender, sexual orientation, socioeconomic status, ability, or other individual identities.

We recognize that people of color and other communities have been historically marginalized and excluded. We are dedicated to ensuring the equity and the diversity of voices represented in all TOArts programs and initiatives.

To realize our mission, TOArts is committed to integrating equity into the fabric of arts education, programming, and the presentation of performing and visual arts in pursuit of a place Where the Arts Thrive for All.

Item No.10A
Strategic Plan
2022-2024
TOArts Strategic Plan 2022-2024. Developed February 5, 2022. Adopted _____________ Process Facilitated by Equity Praxis Group | www.equitypraxis.com | 805.364.2644 5 of 12 Focus Area 1: Programming and Access
Goal 1.1: Foster community, a sense of belonging and acce ssibility for artists, audiences of all ages, cultures, and economic backgrounds.

Strategy Action Steps Indicator of Success Timeline
Promote the theatre and surrounding
space as a vibrant and welcoming arts
destination that is appealing and
accessible to diverse audiences.

Commit to programming at a loss, if
necessary, to build momentum for
new programs and audiences.

Offer bundled packages and call it the
TOArts Experience with dinner onsite,
entertainment, fair atmosphere. Provide
tables and food trucks; free programming
close to the theatre; free parking; use all
spaces of the theatre;
Increase in the diversity of
audiences and diversity of artists
showcased. Example: next season:
3 Diverse/Broad offerings
(examples might include: The Blind
Boys of Alabama, Black Violin,
Gypsy Kings, etc.);
FY22/23;
Offer programming that is accessible to
different schedules: Saturday morning
coffee concerts, a night out at the Arts.

Offer a free Quarterly Summer (June -
August) Activity/Summer Event Series
that includes a variety of food and visual
and musical artists.

FY23/24
Item No.10A
Strategic Plan
2022-2024
TOArts Strategic Plan 2022-2024. Developed February 5, 2022. Adopted _____________ Process Facilitated by Equity Praxis Group | www.equitypraxis.com | 805.364.2644 6 of 12 Strategy Action Steps Indicator of Success Timeline
Partner with local businesses for
promotions. Focus on the diverse
community cultures and use the Plaza
area for performances.

FY22/23
Conduct focus groups with diverse
communities. FY22/23
Integrate feedback. FY23/24
Create the opportunity for Board
members to serve in the host role for
various diverse events--walk around
and engage audience members.

Provide table at particular events for
TOArts.

Increased number of Board
members present/serving as hosts
for offerings outside of their
comfort zone/regular tastes,
wearing their Board badges,
interacting with attendees, talking
to people, making people feel
welcome.

FY22/23
Continue to ask specific donors to
assist in sponsoring programming so
Encourage Board members to assist with
soliciting sponsorships.

Increased Board engagement in
soliciting sponsorships. FY22/23
Item No.10A
Strategic Plan
2022-2024
TOArts Strategic Plan 2022-2024. Developed February 5, 2022. Adopted _____________ Process Facilitated by Equity Praxis Group | www.equitypraxis.com | 805.364.2644 7 of 12 Strategy Action Steps Indicator of Success Timeline
that TOARTs can offer arts
experiences for free or reduced cost. Encourage Board members to attend diverse offerings.

Board members attend diverse
offerings. FY22/23
Employ a variety of strategies to make
the arts accessible to seniors.

Upgraded hearing devices,
transportation, pre-show lectures.
# of performances/offerings held at
senior facilities; # of new
partnerships with senior facilities
FY23/24
Increase partnerships with other
Visual Arts programs.

Partner with the Museum of Ventura
County.

Increased partnerships with other
Visual Arts Programs. FY22/23
Item No.10A
Strategic Plan
2022-2024
TOArts Strategic Plan 2022-2024. Developed February 5, 2022. Adopted _____________ Process Facilitated by Equity Praxis Group | www.equitypraxis.com | 805.364.2644 8 of 12 Focus Area 1: Programming and Access
Goal 1.2: Foster collegiality and collabor ation between arts organizations regionally.

Strategy Action Steps Indicator of Success Timeline
Serve as a lead convener and
collaborator, not a competitor. Serve
in support of other arts organizations
as a means of growing greater
regional influence.

TOArts sponsorships of other
organizations events, programs.
# of sponsorships for other
organization events and programs FY23/24
Take out ads in support of other
organizations.
# of ads taken out in support of
other arts organizations FY22/23
Item No.10A
Strategic Plan
2022-2024
TOArts Strategic Plan 2022-2024. Developed February 5, 2022. Adopted _____________ Process Facilitated by Equity Praxis Group | www.equitypraxis.com | 805.364.2644 9 of 12 Focus Area 1: Programming and Access
Goal 1.3: The diverse communities of our region will see that their cultures, their tastes and specific needs are reflected and valued within every aspect of TOArts.

Strategy Action Steps Indicator of Success Timeline
Listen and partner with the key Latinx
community organizations.

Recruit: Reach out to Radio Laser.

Advisory council up and running.

FY22/23; Board members are participating in Latinx
community and organizational meetings.

Convene a Small Advisory Council of Latinx
leaders (Buen Vecino/Laze) FY23/24
Host/co-host events from diverse
cultural communities.

At BAPAC. Program with other locations
(Tarantula Hill, Bamboo Club)
____ # of hosted/co-hosted events
each year FY23/24
Item No.10A
Strategic Plan
2022-2024
TOArts Strategic Plan 2022-2024. Developed February 5, 2022. Adopted _____________ Process Facilitated by Equity Praxis Group | www.equitypraxis.com | 805.364.2644 10 of 12 Focus Area 2: Representation
Goal 2.1: Increase diversity of representati on on the Board and among staff and volunteers.

Strategy Action Steps Indicator of Success Timeline
Fill two Board openings in the next 6
months with an emphasis on
increasing diversity and bring in
expertise, skills, network to help us
advance this strategic plan.

Potential categories would include:
generational, cultural, ethnic and socio-
economic diversity. Criteria: Lover of the
arts; person of color; college or university
level youth under 40/under 30; active and
strong presence in the community; arts
education background; communications;
financial capacity (give or get);
connections to Spanish-language media.
2 new Board members with
representational and expertise
diversity.

FY22/23
Consider recruiting young people to the
Board from partnerships with school
districts offering service-learning credit
and/or local colleges and universities.

FY23/24
Item No.10A
Strategic Plan
2022-2024
TOArts Strategic Plan 2022-2024. Developed February 5, 2022. Adopted _____________ Process Facilitated by Equity Praxis Group | www.equitypraxis.com | 805.364.2644 11 of 12 Design and pilot a New Board
Member On-Boarding process
(welcome first days, be clear about
expectations)
Develop process and product. Board on-boarding process
outlined and piloted. FY22/23
Focus Area 3: Fundraising & Educational Endowment
Goal 3.1: Raise $5M for Arts Education.

Strategy Action Steps Indicator of Success Timeline
TOArts Board and staff will caste a
wide net and leverage their
connections and partners to take
leadership in raising these funds in
coordination with Staff.

Develop an Arts Education Endowment
Plan and codify it into the broader TOArts
fundraising plan. Outline how funds will be
raised and restricted to the Arts Education
work.
# of new Board member
generated donors; # of new
grassroots donors; # new grass
tops donors; # new grass blade
donors
Ongoing
Take $1M from existing investments
and add to goal; start operational
side immediately.

An articulated Gift Chart Ongoing
Item No.10A
Strategic Plan
2022-2024
TOArts Strategic Plan 2022-2024. Developed February 5, 2022. Adopted _____________ Process Facilitated by Equity Praxis Group | www.equitypraxis.com | 805.364.2644 12 of 12 Focus Area 4: Governance
Goal 4.1: Goal: Reduce the administrative burden on the Ci ty while continuing to strengthen & codify the long- term relationship with the City.

Strategy Action Steps Indicator of Success Timeline
Board members will think about
TOArts as their top organization to
give time, talent and treasure.

Board responsibilities checklist outlined
along with a clear delineation of
responsibilities (Board, City, TOArts).

Multiple opportunities for Board
engagement.

Board members talk about TOArts
as one of their top 3 priorities;
TOArts is in the top 3 in terms of
annual donations for each board
member.

FY22/23
Invest in the infrastructure that will
allow TOArts to operate more
independently.

Hire or contract with an outside
bookkeeper who operates under TOArts
supervision (not the City) and is supported
by TOArts (not City) funds.

Efficiency of accounting process
improved. FY22/23
Item No.10A

THOUSAND OAKS ALLIANCE FOR THE ARTS

FINANCIAL STATEMENTS

FOR THE YEAR ENDED
JUNE, 30, 2021
TOArts Update - Attachment #2
to letter
Item No.10A
Thousand Oaks Alliance For The Arts

Financial Statements
June 30, 2021

Table of Contents

Page

Independent Auditor’s Report ..................................................................................................... 1

Financial Statements

Statements of Financial Position, June 30, 2021 .................................................................. 4

Statements of Activities and Changes in Net Assets for the Year Ended June 30, 2021 ...... 5

Statements of Cash Flows for the Year Ended June 30, 2021 .............................................. 6

Statements of Functional Expenses for the Year Ended June 30, 2021 ............................... 7

Notes to Financial Statements ............................................................................................... 8 Item No.10A

-1-

Independent Auditors' Report

The Board of Directors of
Thousand Oaks Alliance for the Arts
Thousand Oaks, California

Report on the Financial Statements

Opinion

We have audited the accompanying financial statements of Thousand Oaks Alliance for the Arts (the Organization), which comprise the statement of financial position as of June 30, 2021, and the related statements of activities, functional expenses, and cash flows for the year then ended, and the related notes to the financial statements.

In our opinion, the accompanying financial statements present fairly, in all material respects, the financial position of Thousand Oaks Alliance for the Arts as of June 30, 2021, and the changes in its net assets and its cash flows for the year then ended in accordance with accounting principles generally accepted in the United States of America.

Basis for Opinion

We conducted our audit in accordance with auditing standards generally accepted in the United States of America (GAAS). Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the Organization and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion.

Other Matter

The financial statements of Thousand Oaks Alliance for the Arts for the year ended June 30, 2020 were audited by another auditor who expressed an unmodified opinion on those statements on April 2, 2021.

Item No.10A

-2-
Responsibilities of Management for the Financial Statements

Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.

In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the Organization’s ability to continue as a going concern for one year after the date that the financial statements are issued.

Auditor’s Responsibilities for the Audit of the Financial Statements

Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements.

In performing an audit in accordance with GAAS, we:

x Exercise professional judgment and maintain professional skepticism throughout the audit.
x Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements.
x Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Organization’s internal control.

Accordingly, no such opinion is expressed.
x Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements.
x Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about the Organization’s ability to continue as a going concern for a reasonable period-of-time.

Item No.10A

-3-
We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control–related matters that we identified during the audit.

San Bernardino, California
March 28, 2022

Item No.10A

FINANCIAL STATEMENTS
Item No.10A
Thousand Oaks Alliance For The Arts

Statements of Financial Position
June 30, 2021
(With Summarized Financial Information for June 30, 2020)

See Notes to Financial Statements and Independent Auditor’s Report -4-
2021 2020
ASSETS
Current assets:

Cash and cash equivalents 621,439 $ 227,567 $
Contributions receivable (Note 3) 79,073 79,573 Deposits 25,000 25,000
Cash value of life insurance (Note 6) 75,447 72,451
Charitable remainder trust (Note 5) 365,897 355,341 Total Current Assets 1,166,856 759,932
Noncurrent assets:

Contributions receivable, net of current portion (Note 3) 299,345 336,897 Beneficial interest in assets held by
California Community Foundation and
Ventura County Community Foundation (Note 1) 5,193,200 4,368,373 Investments (Note 2) 5,420,515 3,958,195
Investments restricted as endowment fund principal (Note 2) 2,800,000 2,800,000 Total Noncurrent Assets 13,713,060 11,463,465
Total Assets 14,879,916$ 12,223,397$

LIABILITIES AND NET ASSETS
Current liabilities:

Accounts payable 350,129 $ 82,581 $
Founders credits payable 5,000 5,000
Deposits 75 75
Total Current Liabilities 355,204 87,656
Noncurrent liabilities:

Shared revenue agreements (Note 11) 125,853 125,853 Founders credits payable, net of current potion 6,263 10,500 Total Noncurrent Liabilities 132,116 136,353
Total Liabilities 487,320 224,009
Net assets:

Without donor restrictions (Note 7) 6,878,598 4,498,942 With donor restrictions (Note 7) 7,513,998 7,500,446 Total Net Assets 14,392,596 11,999,388
Total Liabilities and Net Assets 14,879,916$ 12,223,397$ Item No.10A
Thousand Oaks Alliance For The Arts

Statements of Activities
And Changes in Net Assets
For the Year Ended June 30, 2021
(With Summarized Financial Information for June 30, 2020)

See Notes to Financial Statements and Independent Auditor’s Report -5-
Without With
Donor Donor Totals
Restrictions Restrictions 2021 2020
Revenues, Gain and Other Income:

Revenues and gains:

Donations 50,703 $ 12,500 $ 63,203 $ 401,786 $ Performance revenue 7,846 - 7,846 227,105 Grants 30,000 5,000 35,000 4,763 Concessions revenue - - - 35,111 In-kind contribution of rent and services 198,241 - 198,241 86,414 Memberships 4,060 - 4,060 21,903 Net investment return 2,923,500 - 2,923,500 124,223 Gross special events revenue 29,696 - 29,696 387,253 Less cost of direct benefits to donors (4,667) - (4,667) (303,374) Other revenues 726 - 726 (823) Net assets released from restrictions 17,500 (17,500) - - Total revenues and gains 3,257,605 - 3,257,605 984,361 Other income:

Change in value of charitable trust - 10,556 10,556 26,364 Change in cash surrender value of life insurance - 2,996 2,996 3,542 Founders credit income 4,237 - 4,237 6,349 Total other income 4,237 13,552 17,789 36,255 Total Revenue, Gains and Other Income 3,261,842 13,552 3,275,394 1,020,616 Expenses:

Program services 294,769 - 294,769 359,540 Administration 525,482 - 525,482 450,261 Fundraising 61,935 - 61,935 151,614 Total Expenses 882,186 - 882,186 961,415 Changes in Net Assets 2,379,656 13,552 2,393,208 59,201 Net Assets, Beginning of Year 4,498,942 7,500,446 11,999,388 11,940,187 Net Assets, End of Year 6,878,598$ 7,513,998$ 14,392,596$ 11,999,388$ Item No.10A
Thousand Oaks Alliance For The Arts

Statements of Cash Flows
For the Year Ended June 30, 2021
(With Summarized Financial Information for June 30, 2020)

See Notes to Financial Statements and Independent Auditor’s Report -6-
2021 2020
Cash Flows from Operating Activities:

Change in net assets 2,393,208 $ 59,201 $
Adjustments to reconcile changes in net assets to net cash provided by operating activities:

Amortization of charitable trust and founders credits (14,793) (30,398) Change in cash surrender value of life insurance (2,996) 23,047 Reinvested dividends, realized and unrealized gains in investment accounts (2,287,147) 354,856 Changes in assets and liabilities:
(Increase) decrease in accounts receivable - 5,310 (Increase) decease in contributions receivable 38,052 (290,879) (Increase) decrease in beneficial interest in assets held by California Community Foundation - (1,403) Increase (decrease) in accounts payable 267,548 (44,665) Total Adjustments (1,999,336) 15,868
Net Cash Provided by Operating Activities 393,872 75,069 Net Increase in Cash and Investments 393,872 75,069 Cash and Cash Equivalents at Beginning of Year 227,567 152,498 Cash and Cash Equivalents at End of Year 621,439$ 227,567$ Item No.10A
Thousand Oaks Alliance For The Arts

Statements of Functional Expenses
For the Year Ended June 30, 2021
(With Summarized Financial Information for June 30, 2020)

See Notes to Financial Statements and Independent Auditor’s Report -7-
Totals
Program Management
Services and General Fundraising 2021 2020
Expenses:

Accounting and auditing - $ 15,100$ - $ 15,100$ 14,750 $ Advertising and public relations - 20,578 - 20,578 1,645 Dues, memberships and subscriptions - 3,870 - 3,870 2,288 Contractual agreements - 287,868 - 287,868 289,872 Contractual services 25,240 - - 25,240 139,210 Insurance - 5,494 - 5,494 7,203 Legal and professional - - - - 180 Miscellaneous 54,909 112,375 - 167,284 9,392 Postage - - - - 350 Printing 800 12,339 - 13,139 2,776 Rents 61,617 26,624 - 88,241 29,444 Salaries and benefits 37,161 24,774 61,935 123,870 209,234 Taxes - 83 - 83 - Travel and training - 777 - 777 10,206 Supplies - 13,434 - 13,434 10,773 Performances 45,498 - - 45,498 146,515 Special programs - 2,166 - 2,166 6,269 Grants 69,544 - - 69,544 81,308 Total Expenses 294,769$ 525,482$ 61,935$ 882,186$ 961,415$ Item No.10A
Thousand Oaks Alliance For The Arts

Notes to Financial Statements
June 30, 2021

-8-
Note 1: Organization and Summary of Significant Accounting Policies

Description of the Reporting Entity

TOArts is a nonprofit public benefit corporation. Its purpose is to advance, support, and present visual and performing arts, cultural events, and arts education at the Thousand Oaks Civic Arts Plaza’s Bank of America Performing Arts Center and to contribute to the economic vitality and quality of life of Thousand Oaks and the greater Conejo Valley, California. TOArts is governed by a Board of Directors (the “Board”), which is responsible for all activities of TOArts. Trustees serve a three-year term and receive no compensation for their services.

The Thousand Oaks Civic Arts Plaza’s two-theatre complex consists of the 1,800 seat Fred Kavli Theatre and the 400 seat Janet and Ray Scherr Forum Theatre. TOArts provides marketing and fundraising assistance to the theatres to help defray operational costs. Also, each year TOArts provides theatre credits to local nonprofit performing arts groups. In addition, grants are provided yearly to the Resident Companies performing at the Thousand Oaks Civic Arts Plaza.

TOArts supports school children with the opportunity to attend select children’s performances at no charge through its Kids and the Arts school outreach program. Yearly, approximately 4,000 deserving children receive free admission and bus transportation to performances.

Basis of Presentation

The financial statements of TOArts have been prepared on the accrual basis in accordance with accounting principles generally accepted in the United States of America. The financial statements are presented in accordance with Financial Accounting Standards Board (FASB) Accounting Standards Codification (ASC) 958.

Cash and Equivalents

TOArts considers cash investments to include highly liquid investments purchased with an original maturity of three months or less. They are carried at cost, which is equal to fair value, on the statement of financial position.

As of June 30, 2021, TOArts’ deposits with financial institutions were below federal depository insurance limits.

Investments

Investments in marketable securities with readily determinable fair values and all investments in debt securities are reported at fair value. Interest and dividend income and gains and losses on investments are reported in the statement of activities as increases or decreases in unrestricted net assets unless their use is temporarily or permanently restricted by donor stipulations or by law.

Item No.10A
Thousand Oaks Alliance For The Arts

Notes to Financial Statements
June 30, 2021

-9-
Note 1: Organization and Summary of Significant Accounting Policies (Continued)

Revenue Recognition

Revenue is recognized when earned. Contributions are recognized when cash, securities or other assets, an unconditional promise to give, or notification of a beneficial interest is received.

TOArts includes contributions and promises to give within net assets with donor restrictions if such items are received with donor stipulations that limit the use of the donated assets. When a donor restriction expires, that is, when a stipulated time restriction ends or purpose restriction is accomplished, the amount is reclassified from net assets with donor restrictions to net assets without donor restrictions, and is reported in the statement of activities as net assets released from restrictions.

Contributions Receivable

Unconditional contributions, including pledges recorded at estimated fair value, are recognized as revenues in the period received. TOArts reports unconditional contributions as net assets with donor restrictions if they are received with donor stipulations that limit the use of donated assets. Conditional promises to give are not recognized until the conditions on which they depend have been substantially met.

Discounts for promises to give (pledges due in over one year) are recorded as reductions to contribution revenue and contribution receivable. Discounts increase contribution revenue when the pledge is received.

Unconditional promises to give are discounted to present value using an interest rate of five percent.

Beneficial Interest in Charitable Remainder Trust

TOArts has been designated as the beneficiary of assets held in an irrevocable charitable remainder trust dated October 13, 1995. This trust stipulates that TOArts will receive $500,000 upon the death of the donors. TOArts recognizes contribution revenue with donor restrictions and, as an asset, the present value of the estimated future benefits to be received when the trust assets are distributed. Adjustments to the asset to reflect the changes in present value are recognized in the statement of activities as a change in value of beneficial interest in charitable remainder trust.

Item No.10A
Thousand Oaks Alliance For The Arts

Notes to Financial Statements
June 30, 2021

-10-
Note 1: Organization and Summary of Significant Accounting Policies (Continued)

Beneficial Interest in Assets Held by California Community Foundation and Ventura County Community Foundation

In December 2017, TOArts received a $4,000,000 contribution from the City of Thousand Oaks (City) which was invested with California Community Foundation (CCF) as an increase to TOArts’ endowment. The fund is held and invested by CCF for TOArts’ benefit and is reported at fair value in the statement of financial position, with distributions and changes in fair value recognized in the statement of activities. The fair value of the assets including investment earnings is $4,992,562 at June 30, 2021.

Assets held with the Ventura County Community Foundation (VCCF) include a programming and education fund. The fund is held and invested by VCCF for TOArts’ benefit and is reported at fair value in the statement of financial position, with distributions and changes in fair value recognized in the statement of activities. The fair value of the assets including investment earnings is $200,638 at June 30, 2021.

Total beneficial interest in assets held with CCF and VCCF amounts to $5,193,200.

Long-Lived Assets

TOArts reviews long-lived assets for impairment whenever events or changes in circumstances indicate that the book value of the assets may not be recoverable. An impairment loss is recognized when the sum of the undiscounted future cash flows is less than the carrying amount of the asset, in which case a write-down is recorded to reduce the related asset to its estimated fair value. No impairment losses were recognized on long-lived assets during the year ended June 30, 2021.

Net Assets Classifications

To ensure observance of certain constraints and restrictions placed on the use of resources, the accounts of TOArts are maintained in accordance with the principles of net assets accounting.

This is the procedure by which resources for various purposes are classified for accounting and reporting purposes into net asset classes that are in accordance with specified activities or objectives. Accordingly, all financial transactions have been recorded and reported by net asset class as follows:

Net Assets without Donor Restrictions – Net assets available for use in general operations and not subject to donor restrictions.

Item No.10A
Thousand Oaks Alliance For The Arts

Notes to Financial Statements
June 30, 2021

-11-
Note 1: Organization and Summary of Significant Accounting Policies (Continued)

Net Assets Classifications (Continued)

Net Assets with Donor Restrictions – Net assets subject to donor-imposed restrictions. Some donor-imposed restrictions are temporary in nature, such as those that will be met by the passage of time or other events specified by the donor. Other donor-imposed restrictions are perpetual in nature, where the donor stipulates that resources be maintained in perpetuity. Donor imposed restrictions are released when a restriction expires, that is, when the stipulated time has elapsed, when the stipulated purpose for which the resource was restricted has been fulfilled, or both.

Concentration of Credit Risk

TOArts maintains its cash and cash equivalents in bank deposit accounts and other investment accounts, which, at times, may exceed federally insured limits. TOArts has not experienced any losses in such accounts and believes it is not exposed to any significant credit risk on cash and cash equivalents.

Contributed Services and Facilities

Contributions of donated noncash assets are recorded at fair value in the period received.

Contributions of donated services are recognized if the services received (a) create or enhance long-lived assets, or (b) require specialized skills provided by individuals possessing those skills, and would typically need to be purchased if not provided by donation. During the year ended June 30, 2021, TOArts recognized revenue for in-kind donations as follows:

In-kind services 56,624 $
In-kind rent 61,617
In-kind use of parking lot 80,000
198,241$

Use of Estimates

The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities, and disclosure of contingent assets and liabilities, at the date of the financial statements and the reported amounts of revenues and expenses duri ng the reporting period. Actu al results could differ from those estimates.

Item No.10A
Thousand Oaks Alliance For The Arts

Notes to Financial Statements
June 30, 2021

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Note 1: Organization and Summary of Significant Accounting Policies (Continued)

Income Taxes

TOArts is organized pursuant to the Nonprofit Public Benefit Corporation Law for public and charitable purposes. TOArts is exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code and Section 23701(d) of the California Revenue and Taxation Code.

TOArts is also exempt from California franchise taxes and certain general county real and personal property taxes.

TOArts has been classified as an organization that is not a private foundation under IRC Section 509(a) and, as such, contributions to TOArts qualify for deduction as charitable contributions.

TOArts Forms 990, Return of Organization Exempt from Income Tax are subject to examination by the Internal Revenue Service, generally for three years after they were filed. Similarly, TOArts Forms 199, California Exempt Organization Annual Information Return were subject to examination by the Franchise Tax Board, generally for four years after they were filed.

Employees

TOArts does not have employees. Per a Memorandum of Understanding, the City of Thousand Oaks provides personnel services to TOArts.

Functional Allocation of Expenses

The costs of providing TOArts’ programs and other activities have been presented in the statement of functional expenses. During the year, such costs are accumulated into separate groupings as either direct or indirect. Indirect or shared costs are allocated among program and support services by a method that best measures the relative degree of benefit. TOArts allocates indirect costs based on time estimates.

Management’s Review

Management has evaluated subsequent events through March 15, 2022, which is the date these financial statements were available to be issued.

Reclassifications

Certain amounts in the summarized comparative information for 2020 have been reclassified to provide a better comparison with the 2021 amounts.

Item No.10A
Thousand Oaks Alliance For The Arts

Notes to Financial Statements
June 30, 2021

-13-
Note 2: Investments

Investments at June 30, 2021 consist of the following:

Equities 2,806,722 $
ERFs and CTFs 655,977
Corporate Fixed Income 125,240
Government Securities 267,999
Mutual funds 4,313,548
Certificates of deposit 51,029
8,220,515$

The above includes $2,800,000 which is shown as investments restricted as endowment principal on the statement of financial position.

Fair Value Measurements

TOArts has implemented the accounting standard which defines fair value for those assets (and liabilities) that are re-measured and reported at fair value at each reporting period. This standard establishes a single authoritative definition of fair value, sets out a framework for measuring fair value based on inputs used, and requires additional disclosures about fair value measurements. The statement applies to fair value measurements already required or permitted by existing standards.

In general, fair values determined by Level 1 inputs utilize quoted prices (unadjusted) in active markets for identical assets (or liabilities). Fair values determined by Level 2 inputs utilize data points that are observable such as quoted prices, interest rates, and yield curves. Fair values determined by Level 3 inputs are unobservable data points for the asset (or liability) and include situations where there is little, if any, market activity for the asset (or liability).

Item No.10A
Thousand Oaks Alliance For The Arts

Notes to Financial Statements
June 30, 2021

-14-
Note 2: Investments (Continued)

Fair Value Measurements (Continued)

The following table presents information about TOArts’ assets that are measured at fair value on a recurring basis at June 30, 2021 and indicates the fair value hierarchy of the valuation techniques utilized to determine such fair value:

Fair Value of Measurements Using
Quoted Prices in Significant Significant
Active Markets for Other Other
Year Ended Identical Assets Observable Non-observable
June 30, 2021 (Level 1) Inputs (Level 2) Inputs (Level 3) Equities 2,806,722 $ 2,806,722 $ - $ - $ ETFs and CEFs 655,977 655,977 - - Corporate Fixed Income 125,240 - 125,240 - Government Securities 267,999 - 267,999 - Mutual funds 4,313,548 4,313,548 - - Certificates of deposit 51,029 51,029 - - Total Investments 8,220,515 7,827,276 393,239 - Beneficial interest in
charitable remainder trust 365,897 - - 365,897 Cash surrender value of
life insurance 75,447 - - 75,447 Total 8,661,859 $ 7,827,276 $ 393,239 $ 441,344 $

Fair Value of Measurements Using
Beneficial Interest Cash Surrender
in Charitable Value of Life
Remainder Trust Insurance Total
Beginning Balance 355,341 $ 72,451 $ 427,792 $ Change in value 10,556 2,996 13,552 Ending Balance 365,897 $ 75,447 $ 441,344 $ Significant Ovservable Input (Level 3)
With Donor Restrictions

The fair value of the mutual funds within Level 1 were obtained based on quoted market prices at the closing of the last business day of the fiscal year. The fair value of the beneficial interest in charitable remainder trust within Level 3 was determined as described in Note 1, while the cash surrender value of the life insurance policy within Level 3 was determined by the insurance company based on payments to be made in the event of voluntary termination of the policies prior to maturity date.

Item No.10A
Thousand Oaks Alliance For The Arts

Notes to Financial Statements
June 30, 2021

-15-
Note 2: Investments (Continued)

Fair Value Measurements (Continued)

TOArts recognizes transfers at the beginning of each reporting period. Transfers between Level 1 and 2 investments generally relate to whether a market becomes active or inactive. Transfers between Level 2 and 3 investments related to whether significant relevant observable inputs are available for the fair value measurement in their entirety and when redemption rules become more or less restrictive. There were no transfers between levels during the year ended June 30, 2021.

The methods described above may produce a fair value calculation that may not be indicative of net realizable value or reflective of future net values. Furthermore, while TOArts believes its valuation methods are appropriate and consistent with other market participants, the use of different methodologies or assumptions to determine the fair value of certain financial instruments could result in a different fair value measurement at the reporting date.

Note 3: Contributions Receivable

At June 30, 2021, contributions receivable are due to be received as follows:

Within one year 79,073 $
One to five years ($454,301 net of 5%
present value discount of $75,883) 299,345
Contributions Receivable (Net) 378,418 $

Note 4: Concentrations

At June 30, 2021, two donors’ promises comprise 32% and 50%, respectively, of contributions receivable.

Note 5: Charitable Remainder Trust

TOArts’ interest in the charitable remainder trust has been valued at June 30, 2021, as follows:

Future value of charitable remainder trust 500,000 $
Less: Present value discount (5%) (134,103)
Beneficial Interest in Charitable Remainder Trust 365,897$

Item No.10A
Thousand Oaks Alliance For The Arts

Notes to Financial Statements
June 30, 2021

-16-
Note 6: Cash Surrender Value of Life Insurance

TOArts owns four $25,000 face value life insurance policies contributed by donors in prior years.

TOArts values these life insurance policies at the cash surrender value. At June 30, 2021, the cash surrender value was $75,447.

Note 7: Net Assets

Net assets without donor restrictions are comprised of the following at June 30, 2021:

General 621,798 $
Designated:

Board designated reserve (Note 8) 6,256,800
6,878,598$

Net assets with donor restrictions are restricted for the following purposes at June 30, 2021:

Subject to expenditure for specified purpose:

FOTCAP* 10,654 $
SmARTS Program** 2,000
Carpenter Fund*** 260,000
272,654
Subject to the passage of time:

Charitable remainder trust 365,897
Cash surrender value of life insurance 75,447
441,344
Endowment:

Permanently restricted to general endowment 6,800,000
Total Net Assets with Donor Restrictions 7,513,998$

*The Friends of the Civic Plaza (FOTCAP) is intended to support usher recognition.

**Student Arts (SmARTS) program is intended to support youth arts education.

***The Mary and Richard Carpenter Performing Arts Gr ant Fund (“Carpenter Fund”) is intended to further musical efforts of individuals and groups.

Item No.10A
Thousand Oaks Alliance For The Arts

Notes to Financial Statements
June 30, 2021

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Note 8: Endowment

TOArts’ endowment fund was established by donor-restricted gifts and bequests to provide a perpetual endowment, which is to provide a permanent source of income to TOArts. Beneficial interests in charitable remainder trusts are not considered part of the endowment of TOArts.

The management of TOArts understands California State law as (1) requiring the preservation of the fair value of the original gifts as of the gift date of the donor restricted endowment funds, absent donor stipulations to the contrary and (2) allowing the spending of income and gains on permanent endowments, absent explicit donor stipulations that all or a portion of such gains be maintained in perpetuity. In accordance with an enacted version of the Uniform Prudent Management of Institutional Funds Act (“UPMIFA”), TOArts preserves the fair value of (a) original gifts donated as of the date of the donor restricted endowment fund, and (b) the original value of subsequent gifts to the permanent endowment. The accumulated earnings of the donor-restricted endowment fund are classified as net assets with donor restrictions and are available to be appropriated for expenditure by TOArts in a manner consistent with the Thousand Oaks Alliance for the Arts Endowment Distribution Policy.

The primary long-term financial objective for TOArts’ endowment is to preserve the real (inflation-adjusted) purchasing power of endowment assets and income after accounting for endowment spending, inflation, and costs of portfolio management. The endowment is also managed to optimize the long-term total rate of return on invested assets, assuming a prudent level of risk. The goal for this rate of return is one that funds the existing spending policy of TOArts and allows sufficient reinvestment to grow the endowment principal at a rate that exceeds inflation (as measured by the Consumer Price Index). It is anticipated that the elements of the endowment portfolio generally should match or exceed each of the returns for the broader capital markets in which assets are invested.

The Board of Directors of TOArts has established a spending policy that distributes a specific payout rate of the endowment base to support the programs of TOArts utilizing a total rate of return methodology for spending from the endowments as provided under UPMIFA. The Board of Directors established a spending rate (for programming purposes) of 4% on a rolling twelve quarter average of the fair value of these investments. Funds not withdrawn in any one year will continue to be available in subsequent years. Such a policy allows for greater predictability of spendable income for budgeting purposes and for gradual steady growth for the support of operations by the endowments. In addition, this policy minimizes the probability of invading the principal over the long term. The Board of Directors established a reserve of $500,000 that is restricted for use when theatre performances in total for the year show a loss.

Item No.10A
Thousand Oaks Alliance For The Arts

Notes to Financial Statements
June 30, 2021

-18-
Note 8: Endowment (Continued)

The composition of endowment net assets as of June 30, 2021 is as follows:

For the Fiscal Year Ended June 30, 2021
Without Donor With Donor
Restrictions Restrictions Total
Endowment 6,256,800 $ 6,800,000 $ 13,056,800 $
Total Funds 6,256,800 $ 6,800,000 $ 13,056,800 $

The changes in endowment net assets for the year ended June 30, 2021 are as follows:

For the Fiscal Year Ended June 30, 2021
Without Donor With Donor
Restrictions Restrictions Total
Endowment net assets,
beginning of year 4,094,216 $ 6,800,000 $ 10,894,216 $ Contributions 6,929 - 6,929 Investment return, net 2,880,655 - 2,880,655 Distribution from board-designated
endowment pursuant to
distribution policy (725,000) - (725,000) Endowment net assets,
end of year 6,256,800 $ 6,800,000 $ 13,056,800 $

The entire $725,000 distribution during fiscal year 2020-21 was spent as of June 30, 2021. As noted in Note 7, total net assets without donor restriction included $6,256,800 board-designated endowment plus $621,798 other net assets without donor restriction for a total net assets without donor restriction of $6,878,598.

To
Item No.10A
Thousand Oaks Alliance For The Arts

Notes to Financial Statements
June 30, 2021

-19-
Note 9: Ventura County Community Foundation Endowment Fund

The Ventura County Community Foundation (VCCF) is a non-profit California public benefit corporation exempt from taxation pursuant to Internal Revenue Code Section 170(b)(1)(A)(vi).

The Alliance for the Arts, TOArts’ predecessor agency, contributed $3,000,000 to Thousand Oaks Civic Auditorium/Forum Theatre Endowment Fund (Fund) maintained by VCCF to provide financial support to the City of Thousand Oaks exclusively for the Civic Auditorium/Forum Theatre. At June 30, 2021, the fair value of the assets in this fund on deposit at VCCF was $5,021,849.

The City receives an annual distribution of the fund’s earnings. Neither TOArts nor the City has the ability to take distributions other than the annual distribution previously mentioned and has no other form of control over the fund, therefore it is not included as an asset in the financial statements of the City nor of TOArts.

The Finance Director of the City is empowered to withdraw the distributable income on an annual basis. Invasion of principal can be undertaken only in very limited circumstances and VCCF has variance powers over these funds.

Note 10: Contribution to the City of Thousand Oaks

TOArts is contractually committed to contributing annually an amount in cash which, when added to the annual amount received by the City from the VCCF’s Fund amounts to $500,000 in fiscal year 2020-21.

For the year ended June 30, 2021, earnings from the Fund distributed to the City totaled $212,322. Therefore, TOArts contributed $287,678 in cash to the City exclusively for the Theater Enterprise Fund, making up the $500,000 contribution commitment referred to above.

Note 11: Shared Revenue Agreements

The City and TOArts are parties to agreements governing “naming opportunities” at the Civic Arts Plaza. The agreements call for the City to receive a percentage of the proceeds from donors, after expenses. Current naming opportunities are executed as pledges which are payable over one to ten years.

At June 30, 2021, TOArts had successfully executed naming opportunity agreements that will result in future payments due to the City of approximately $125,853. Payments to the City are due as donor pledge payments are received by TOArts.

The estimated future payments due to the City are recorded as a reduction of Contribution Revenue and an increase in Shared Revenue Agreements Payable.

Item No.10A
Thousand Oaks Alliance For The Arts

Notes to Financial Statements
June 30, 2021

-20-
Note 12: Fundraising Costs

Total fundraising costs for the year ended June 30, 2021 were $61,935.

Note 13: Liquidity and Availability

TOArts has $6,121,027 of financial assets available within one year of the statement of financial position date for general expense consisting of the following:

Cash and cash equivalents 621,439$
Contribution receivable 79,073
Investments 5,420,515
Total 6,121,027 $

Note 14: COVID-19

TOArts implemented innovative ways to deliver services through the COVID-19 pandemic. In the summer of 2020, it became evident that operations would not resume normally for a longer length of time than was originally anticipated. Beginning in September 2020, TOArts began the Road Show series, presenting concerts and movies in an outdoor, drive-in format. Later, non- drive-in, outdoor events were permitted and in May 2021 TOArts began Scenes at the Greens programs. Though these were not profitable endeavors, they provided content to keep staff, donors, members, and the community engaged. They provided an outlet for people to get back to normal, comfortable activities outside of their homes.

In lieu of the traditional Kids and the Arts program, which would bring children to the Bank of America Performing Arts Center for live theatre experiences, TOArts approved a new AccessArts program. This program provided funding to Conejo Unified School District in support of Focus on the Arts which offered weekly arts educations videos for all elementary school students in the district via remote learning. Furthermore, TOArts identified the absence of the experiential component for kids and created a Virtual Field Trips program, where TOArts licensed content from artists and made it available to anyone who wanted to register via the organization’s website.

Mandatory closures were lifted at the end of the 2020-21 fiscal year. As of this writing, TOArts has been able to mount a substantive recovery of operation. Though activity has not yet reached pre-pandemic levels and accessibility, tremendous strides forward have been made.

Item No.10A
TOArts Update – Attachment #3
to letter
FY 20
21-22 TOArts Presents Programming
July 1, 2021 to June 30, 2022
Melissa Manchester July 9, 2021 Kavli Theatre
Roger McGuinn July 16-17, 2021 Scherr Forum
The Everly Set August 21, 2021 Scherr Forum
Boz Scaggs September 23, 2021 Kavli Theatre
Chris Hillman September 24-25, 2021 Scherr Forum
Hot Club of Cowtown October 1, 2021 Stagecoach Inn Museum Get the Led Out October 1, 2021 Kavli Theatre
Ranky Tanky October 7, 2021 Stagecoach Inn Museum
Spyro Gyra October 15, 2021 Scherr Forum
Karla Bonoff October 17, 2021 Scherr Forum
Honey Island Swamp Band October 23, 2021 Stagecoach Inn Museum Vir Das October 24, 2021 Scherr Forum
Paula Poundstone November 5, 2021 Kavli Theatre
David Feherty Off-Stage November 7, 2021 Kavli Theatre
George Thorogood & The Destroyers November 10, 2021 Kavli Theatre Five For Fighting November 13, 2021 Scherr Forum
Postmodern Jukebox November 19, 2021 Kavli Theatre
A Magical Cirque Christmas December 28, 2021 Kavli Theatre Straight No Chaser December 30, 2021 Kavli Theatre
REO Speedwagon January 12, 2022 Kavli Theatre
Rockapella February 11, 2022 Scherr Forum
Disney Princess Concert February 19, 2022 Kavli Theatre Tom Papa February 19, 2022 Scherr Forum
Kenny G February 20, 2022 Kavli Theatre
Chicago February 22, 2022 Kavli Theatre
Nat Geo - Rae Wynn-Grant February 25, 2022 Kavli Theatre Dinosaur World Live March 10, 2022 Kavli Theatre
Nat Geo - Damien Mander March 11, 2022 Kavli Theatre
Live From Laurel Canyon March 12, 2022 Kavli Theatre
Piff the Magic Dragon March 27, 2022 Scherr Forum
Nat Geo - Keith Ladzinski April 1, 2022 Kavli Theatre
Blippi: The Musical April 9, 2022 Kavli Theatre
Big Band of Brothers April 10, 2022 Kavli Theatre
Item No.10A
Nat Geo - Annie Griffiths April 15, 2022 Kavli Theatre
#IMOMSOHARD April 22, 2022 Kavli Theatre
David Foster and Friends April 24, 2022 Kavli Theatre
Hasan Minhaj April 26, 2022 Kavli Theatre
MOMIX - Alice April 29, 2022 Kavli Theatre
Kathleen Madigan May 6, 2022 Kavli Theatre
Rita Rudner May 13, 2022 Scherr Forum
Dennis Quaid LIVE May 14, 2022 Scherr Forum
Frankie Valli May 18, 2022 Kavli Theatre

Item No.10A
TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:July 5, 2022
SUBJECT: Conejo Canyons Bridge at Hill Canyon Treatment Plant Contract (CI 5527)
RECOMMENDATION:

1. Approve project design, plans, specifications, and Addendum No. 1 for the construction of the Conejo Canyons Bridge at Hill Canyon Treatment Plant (CI 5527).

2. Reject United Construction & Landscape, Inc., bid protest appeal dated June 21, 2022, and determine their bid as non-responsive.

3. Award construction contract to Beador Construction Company, Inc. (Corona, CA), in the amount of $2,155,300, plus a contingency of $215,500.

4. Approve Fifth Amendment to Professional Services Agreement No. 11855- 2018 with Stantec Consulting Services, Inc. (Santa Barbara, CA), for Construction Phase Support Services and Testing for the Conejo Canyon Bridge at Hill Canyon Treatment Plant in the amount of $146,173 for a revised not-to-exceed amount of $358,607.

5. Approve Task Order No. 5 with Rincon Consultants, Inc. (Ventura, CA), for Environmental Support Services during construction of the Conejo Canyons Bridge at Hill Canyon Treatment Plan in the amount of $122,745.

6. Approve budget appropriation in the amount of $1,632,000; $1,030,000 from A/C #001-0000-311-1000 (General Fund, Fund Balance) to A/C #001- 4410-671-8300 (CI 5527, Conejo Canyons Bridge at Hill Canyon Treatment Plant), $200,000 from A/C #512-0000-311-1000 (Community Recreation and Open Space Endowment Fund (CROSEF), Fund Balance) to A/C #512- 4410-671-8300 (CI5527, Conejo Canyons Bridge at Hill Canyon Treatment Plant), and $402,000 from A/C #624-0000-341-9900 (Wastewater Capital Fund – Net Position) to A/C #624-5310-682-8300 (CI 5527, Conejo Canyons Bridge at Hill Canyon Treatment Plant).

Item No.10B
Conejo Canyons Bridge at HCTP Contract (CI 5527)
July 5, 2022

3 3
3 7. Authorize expenditure in the amount of $2,929,718 ($2,155,300 construction contract, $215,500 construction contingency, $146,173 Fifth Amendment for construction phase support services/ testing; $122,745 Task Order for construction phase environmental services; $250,000 for Landscape/Habitat Restoration; $35,000 for Permitting and Inspection by Ventura County Watershed Protection Agency; and $5,000 for City furnished supplies and materials) for Conejo Canyons Bridge at Hill Canyon Treatment Plan (CI 5527), as follows: $1,953,810 from A/C #001-4410-671- 8300, $200,000 from A/C #512-4410-671-8300, and $775,908 from A/C #624-5310-682-8300.

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

FINANCIAL IMPACT:
$1,030,000 Increase to Adopted FY 2022-2023 General Fund Budget, $200,000 Increase to Adopted FY 2022-23 CROSEF Budget, and $402,000 Increase to Adopted FY 2022-23 Wastewater Capital Fund Budget. A $1,030,000 increase to Adopted FY 2022-23 General Fund Budget, $200,000 increase to Adopted FY 2022-23 CROSEF Budget, and a $402,000 increase to Adopted FY 2022-23 Wastewater Capital Fund Budget are requested. The total estimated project cost of $3,210,367 will be partially offset by a $30,000 donation from Conejo Open Space Foundation (COSF), and $654,000 contribution from Conejo Recreation and Park District (CRPD). Additionally, the Conejo Open Space Conservation Agency (COSCA) is pursuing a grant funding opportunity of up to $200,000 that will further offset the City’s General Fund contribution.

BACKGROUND:

COSCA and the City are working in collaboration to construct a bridge across the Arroyo Conejo Creek southwest of Hill Canyon Road in the Conejo Canyons Open Space area (Attachment #1). The purpose of this bridge is to provide trail and vehicular access across the Arroyo Conejo Creek. Installation of a bridge will allow trail users, including pedestrians, bicyclists, and equestrians, to have a defined route between Santa Rosa Equestrian Park and Wildwood Canyon. The bridge will also provide emergency vehicular access out of Hill Canyon for wildfire purposes, as well as a new direct and safe crossing for Public Works vehicles between the City’s Municipal Service Center (MSC) and Hill Canyon Treatment Plant (HCTP). COSCA Park Rangers may also use the bridge as needed, for maintenance and open space management.

Item No.10B
Conejo Canyons Bridge at HCTP Contract (CI 5527)
July 5, 2022

3 3
3 The bridge was identified in COSCA’s Conejo Canyons Management Plan as a high priority project for improving public access and is a key component of the trail system in the Conejo Canyons Open Space. It connects existing trails on either side of the creek and is an important link between Conejo Canyons and Wildwood Park. On December 12, 2017, the City accepted commitments from COSF in the amount of $30,000 and from CRPD in the amount of $654,000. These committed donations will be reimbursed to the City as the actual project expenses are incurred.

On September 25, 2018, City Council approved a Professional Services Agreement with Stantec Consulting Services, Inc. (Stantec), in the amount of $124,792 for the design and engineering of the project. The First Amendment to Stantec’s agreement in the amount of $9,900 provided for preparation of an Oak Tree Report. The Second and Third Amendments extended the term of the agreement through March 31, 2022, to allow time for completion of the environmental document and to obtain permits from California Department of Fish and Wildlife (CDFW). The Fourth Amendment in the amount of $77,742 provided for additional design and engineering services and extended the agreement term through December 31, 2023.

On March 14, 2022, the project’s Mitigated Negative Declaration (MND) was approved by the Planning Commission. Consultant and staff have incorporated all required mitigation measures into the project’s plans and specifications.

DISCUSSION/ANALYSIS:

CONSTRUCTION CONTRACT
City Council authorized advertising the project for construction bids on April 26, 2022. The Notice Inviting Bids was published in the Acorn on April 28, 2022, and was sent to all vendors and construction trade journals on the City’s purchasing vendor list. Seven bids were received and publicly opened on June 8, 2022. The bid results are as follows:

BIDDER BASE BID PRICE

1. United Construction & Landscape, Inc. (Northridge, CA) $1,997,567.89

2. Beador Construction Company, Inc. (Corona, CA) $2,155,300.00

3. Wright Construction Engineering Corp. (San Marcos, CA) $2,360,851.20

4. Granite Construction Company (Ventura, CA) $2,408,466.40

5. Toro Enterprises, Inc. (Oxnard, CA) $2,504,015.00

6. GMZ Engineering, Inc. (Westlake Village, CA) $2,798,354.00

7. Zusser Company, Inc. (Los Angeles, CA) $2,820,442.00 The bids are all higher than the engineer’s estimate of $1.7 million. This estimate Item No.10B
Conejo Canyons Bridge at HCTP Contract (CI 5527)
July 5, 2022

3 3
3 was based on prior similar projects with material quotes from suppliers; however, market pricing increased significantly since completion of the contract documents.

The lowest bid is from United Construction & Landscape, Inc. (United), in the amount of $1,997,567.89. However, United’s bid was deemed non-responsive by City staff on June 14, 2022, due to United’s failure to properly complete Bid Form No. 6 in the bid package. The form requires all bidders to list at least three projects with similar scope and complexity in the last five years (Attachments #2 and #3).

United’s bid package failed to provide information for any previous bridge projects completed by their firm.

On June 15, 2022, a bid protest was filed by United, requesting the City’s reconsideration of their bid (Attachment #4). On June 16, 2022, the Public Works Director (PWD), under delegated authority from the City Manager, rejected United’s bid protest (Attachment #5) on the basis that their bid package and the additional information they provided with their bid protest still failed to comply with the requirements set forth in Bid Form No. 6 in the specifications in terms of listing three projects with similar scope and complexity completed within the past five years.

On June 17, 2022, United submitted an intent to file an appeal with the City Council in connection with PWD’s rejection of their bid protest. On June 21, 2022, the City Clerk received United’s timely filed appeal (Attachment #6). United’s appeal and protests however have failed to provide the necessary documentation and references needed to satisfy Bid Form No. 6 in terms of listing any projects of similar scope to the project, the main portion of which is the installation of a pre- manufactured steel bridge.

A review of the second lowest bid package submitted by Beador Construction Company, Inc., in the amount of $2,155,300 was found to be in order. Rejection of United’s appeal, determining their bid as non-responsive, and award of the construction contract to the lowest responsive bidder, Beador Construction Company, Inc., in the amount of $2,155,300 is recommended.

CONSTRUCTION SUPPORT SERVICES
Additional professional engineering services by Stantec are required during the construction phase of the project for reviewing and responding to contractor’s requests for information, review of materials submittals, structural engineering services including observation of the construction activities, and materials inspection and testing. The Fifth Amendment to the Stantec agreement (Attachment #7) will provide for the required additional services. Approval of the Fifth Amendment to Contract No. 11855-2018 with Stantec in the amount of $146,173, for a revised not-to-exceed amount of $358,607 is recommended.

In addition, in order to comply with the final MND environmental requirements Item No.10B
Conejo Canyons Bridge at HCTP Contract (CI 5527)
July 5, 2022

3 3
3 during construction, the City requested proposals from seven on-call consultants in the environmental field and received only two proposals on June 8, 2022, as follows:
1 - Rincon Consultants, Inc. (Ventura, CA) $122,745 2 - Environmental Science Associates (Camarillo, CA) $242,850 A four-member panel of City staff reviewed the proposals and found the proposal and qualifications from Rincon Consultants, Inc. (Rincon), to best fit the needs of the project. In April 2021, Rincon was previously issued a task order to prepare the Initial Study-MND and associated technical studies, including a Jurisdictional Delineation, Arborist Report, and Biological Resources Assessment for the project.

Rincon biologists also assisted COSCA staff with coordination with CDFW staff regarding a Streambed Alteration Agreement. Rincon has worked on similar projects throughout Ventura County. Task Order #5 with Rincon in the amount of $122,745 is recommended and will provide for permit-required environmental services during construction phase of project (Attachment #8).

The estimated total project cost is as follows:

Design/environmental phase (Approved) $ 275,649
City Furnished Materials (Approved) $ 5,000
Construction Phase Support Services/Testing (This Action) $ 146,173 Construction (This Action) $ 2,155,300
Construction Contingency (This Action) $ 215,500
City Furnished Materials (This Action) $ 5,000 Construction Environmental Services (This Action) $ 122,745 Landscape Restoration (Future) $ 250,000
County Permitting & Inspection (Future) $ 35,000
Total $ 3,210,367
As previously mentioned, the total project cost will be partially offset by a previous $30,000 donation from COSF and $654,000 contribution from CRPD. Additionally, COSCA is pursuing a grant funding opportunity of up to $200,000 that will further offset City’s General Fund contribution.

The estimated project timeline is as follows:

Bid Process Completed
Construction Contract Award June/July 2022
Start Bridge Fabrication August/Sept. 2022
Start Site Construction Fall 2022
Landscape Restoration Spring 2023
Item No.10B
Conejo Canyons Bridge at HCTP Contract (CI 5527)
July 5, 2022

3 3
3 Construction Completion Summer 2023
This project meets City Council’s Top Ten Priorities #9, Public Works/CDD Infrastructure Investments.

The project design, specifications, and Addendum No. 1 are available for review upon request to the Public Works Department by e-mail at [email protected] or by phone at (805) 449-2400.

Community Outreach: The project’s MND was published for public review in November 2021 and was presented to the Planning Commission on March 14, 2022. A dedicated project website has been created: www.toaks.co/ccbridge, where updated project information will be provided throughout the construction phase. Staff will also coordinate with CRPD and COSCA related to any potential trail impacts during the construction of the bridge and access road.

CIP PROJECT PRIORITY (as outlined in FY 2021-22 & FY 2022-23 CIP Program Budget)
Priority Two – Necessary, but not essential, and there could be consequences if deferred.

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.

E. Complete ring of open space around the City; Protect and preserve ridgelines, natural habitat, and designated open space areas.

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.

H. Participate in public-private and multi-jurisdictional opportunities to ensure residents have access to high levels of parks, recreation, education and leisure programs and services.

PREPARED BY: Saeed Zolfaghari, Associate Engineer
Item No.10B
Conejo Canyons Bridge at HCTP Contract (CI 5527)
July 5, 2022

3 3
3 Attachments:

Attachment #1 – Vicinity and Location Maps
Attachment #2 – United Bid Form No. 6 submitted June 8, 2022 Attachment #3 – Non-Responsive Bid Letter to United dated June 14, 2022 Attachment #4 – Bid Protest Letter from United dated June 15, 2022 Attachment #5 – Bid Protest Rejection Letter to United dated June 16, 2022
Attachment #6 – Bid Protest Rejection Appeal from United dated June 21, 2022
Attachment #7 – Fifth Amendment to Stantec Agreement
Attachment #8 – Task Order #5 to Rincon
DPW: 850-20\etm\Council\2022\070522/CI 5527 Conejo Canyons Bridge at HCTP staff report.docx Item No.10B
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Conejo Canyons Bridge at Hill Canyon Treatment Plant (CI 5527)

VICINITY MAP

LOCATION MAP
HillCanyonFireRd
Hill CanyonRd
Rancho Conejo

PROJECT

LOCATION
ATTACHMENT #1
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PROPOSED IMPROVEMENT
Hill Canyon
Treatment Plant
DPW: 850-20\etm\Council\2022\070522/CI 5527 Conejo Canyons Bridge at HCTP Item No.10B
C. LIST OF COMPLETED PROJECTS - LAST FIVE YEARS
Please include only those projects which are similar enough to the Work in scope and complexity to demonstrate Bidder's ability to perform the required Work. The Bidder must specify a minimum of 3 projects of similar scope and complexity, where Bidder's work on each was $5~ ~ IQfaf§Or~r- ©otiJffi~ 5 years. Failure to meet or exceed this requirement may cause the bid to be rejected as non-responsive.

Work Client Description of Period of Cost of Bidder's Contact Name & Bidder's Work Performance Work Phone
LA River Bikepath SWPP, flood wall, concrete, asphalt $5,964,125.00 Rene Carillo pavement, structural back-fill, 13 months rene. [email protected] City of Los Angeles reconstruct concrete cahnnel, aver excavation 213-847-0859
Maxson ES Parking Lot SWPP, concrete removal, demo, $1,138,426.00 Jeff Truscnel Upgrages - concrete asphalt install, trenching, 10 months [email protected] Mountain View USO storm drains. landscape & irrigation 626-705-5926 Parkview E.S. SWPP, concrete removal, demo,
$3,477,000.00 Jeff l ruscnel
Underground Utilities, concrete & asphalt install, trenching, 6 months [email protected] Mountain View USO storm drains and landscape. 626-705-5926 Central Mall Ph3a, SWPP, demo, curbs, Dan Gerard Cal State University re-bars, paver and 8 months $1,281,100.00 [email protected] Channel Islands landscape 805-437-3354
Coldwater Canyon E.S. Demolition, rough carpentry $1,110,532.96 Johnray Tam
ADA Barrier Removal A/C paving, ADA 16 months [email protected] Los Angeles USO requirements. 213-241-4973
Gladstone Street E.S. Demo, 9rading, concrete $1,260,217.43 Edgar Paz Parkinl{}ot Upgrade foundation, curbs, walls, 5 months [email protected] Azusa SD footing, earthwork & landscpe. 562-427-5007
Weathersfield E.S., SWPP, demo, concrete Mike Stanford
Conejo Valley USO ~t;.9.;:~~:u1i:t · 4 months $386,528.46 [email protected]£ enclosure, landscape 805-857-67274
Vasquez H.S. Athletic Ball Field Upgrades, Utilities, $1,730,666.30 James Vose Feild Improvement, demo, par1<ing lot. AC paving 6 months [email protected] Acton Agua Dulce USD 661-435-6536
Reseda E.S. ADA Barrier concrete torms, cast tn
$827,532.82 Emil Ohanian
Los Angeles USO palce,reinforcement, rough 7 Months [email protected] carpentry, earthwork, demo 213-241-4243 Interior I enant Undergound rough waste, Jamie Rizo Improvement Project signage, kitchen, restrooms 12 months $2,193,394.33 [email protected] Mountain View USO 562-427-5007 Northwood Park Ph 3 Underground utility, Andrew Mooney
Development. Conejo p lay~round install and 10 months $1,442,577.62 [email protected] Recreation & Park District grading sidewalk. 805-495-64 71 Arroyo Simi Greenway
~if:s'rer~~C~~ fn
8 s~~~I~~~ walls, $1.131.938.69 Douglas Duran Phase II 5 months [email protected] Rancho Slmi Recreation compastion & Park District 805-584-4480

INFORMATION REQUIRED OF BIDDERS
BID FORM 6
31 ATTACHMENT #2
DPW: 850-20\etm\Council\2022\070522/CI 5527 Conejo Canyons Bridge at HCTP Item No.10B
June 14, 2022
Indika Jayaratna via email [email protected]
President
United Construction & Landscape, Inc.
9018 Balboa Boulevard, #128
Northridge, CA 91325
Re: CI 5527 Conejo Canyons Bridge at HCTP (Non-Responsive Bid) Dear Mr. Jayaratna :

The City of Thousand Oaks has reviewed your June 8, 2022, bid package on the above referenced project, and is hereby deeming it to be Non-Responsive due to the following:
• The bid documents submitted by your firm did not meet the requirement listed in bid form 6, under item C. According to this item, the bidder is required to list three projects completed in the last five years that are similar enough to the Work in scope and complexity to demonstrate Bidder’s ability to perform the required Work.

The main portion of the Work is installation of a prefabricated steel bridge, however; none of your listed projects is related to bridge work or bridge installation.

Due to the above factors, the City intends to award the contract to the next lowe st responsive bidder, after a thorough review of their bid. If you have questions, feel free to contact me at (805) 449-2392 or [email protected].

Sincerely,
Nader Heydari, PE, CCM
Deputy Public Works Director/City Engineer
c: Tracy Friedl, Assistant City Attorney
ATTACHMENT #3
DPW: 850-20\etm\Council\2022\070522/CI 5527 Conejo Canyons Bridge at HCTP Item No.10B
UNITED CONSTRUCTION & LANDSCAPE INC.
9018 Balboa Blvd. #128, Northridge, CA 91325
Phone: (818) 988-9706; Fax: (818) 988-9707
Email: [email protected]
June 15, 2022
Attention: Nader Heydari, PE, CCM
Deputy Public Works Director/ City Engineer
City of Thousand Oaks
CC: Clifford G. Finley
Public Works Director
City of Thousand Oaks
EMAIL: Cfinley(a),toaks.org
P: 805/449-2400
RE: BID PROTEST - CI 5527 CONEJO CANYONS BRIDGE
Dear Mr. Nader Heydari;
We, United Construction & Landscape, Inc. ("United") are sending you this bids protest letter to file against your letter dated June 14, 2022 with the following reasons. • United possess a valid and active Contractor License A, B, C 12 & C27 • United has prided itself to have a team of experienced, professional, and skilled crew which has been in the Construction Industry for 30 years • United has highly competent and qualified Project Managers and Superintendents who has more than 15 years in construction field
• United has been doing public works project since 2010 and recently finished a project with City of Los Angeles where we had different agencies involved like Metro, US Corp of Engineers, Bureau of Streets Services, Bureau of Streets Lighting and Biologist.

These agencies which is known for most people in the construction industry have very high and distinctive standards that few contractors like United can achieve such approval.

Attached hereto is a letter of recommendation from City of Los Angeles. This is our first project with City of Los Angeles and gave us high praises that United was able to finish this job in 1 year against a 2year forecast.

United feel discriminated and treated unfairly because this is our 2nd project that City of Thousand Oaks have rejected for the same reason of experience and ability to perform. United is a fully accomplished General Engineering contractor and highly competent enough to finish this project accordingly and on time. In addition, United has loyal and highly subcontractors that can do different trades (bridge installation, piling and dewatering) and all other line of work.

Attached hereto is United resume, please feel free to contact them. Also attached are recommendation letters from different districts that we have worked with.

ATTACHMENT #4
Item No.10B
UNITED CONSTRUCTION & LANDSCAPE INC.
9018 Balboa Blvd. #128, Northridge, CA 91325
Phone: (818)988-9706;Fax: (818)988-9707
Email: [email protected]
With this protest in consideration, United Construction and Landscape, Inc., being the 1 RD LOWEST BIDDER, should be declared as the MOST RESPONSIVE/RESPONSIBLE BIDDER for this bid.

If there is any need for further information, please do not hesitate to contact us.

Than you ve · much for your time and consideration.

Sine e ly yo rs,
Mari Torr
Offi Manager
'-"- ~ Q__ Project nager
ka Jayaratn -Owner/President
Estimators
DPW: 850-20\etm\Council\2022\070522/CI 5527 Conejo Canyons Bridge at HCTP Item No.10B
Public Works Department
2100 Thousand Oaks Boulevard• Thousand Oaks, CA 91362
Pho ne 805/ 449.2400 • Fax 805/ 449.2475 • www.toaks.org June 16, 2022
Clifford G. Finley
Public Works Director
United Construction & Landscape Inc.

Attention: Maria Torres, Office Manager
lndika Jayaratna, Owner/President
Re: Bid Protest Determination - Conejo Canyons Bridge (Cl 5527) Dear Ms. Maria Torres & Mr. lndika Jayar atna,
Pursuant to Thousand Oaks Municipal Code Section 3-10.310(d), the City Manager has delegated to me the obligation to respond to the protest that was filed on behalf of United Construction & Landscape Inc. related to the receipt of formal bids for the above referenced project.

I have reviewed your protest letter dated June 15, 2022, along with the provided supporting documentation; however, my final decision is to reject your protest pursuant to Thousand Oaks Municipal Code Section 3-10.31 0(d). The bid submitted by United Construction & Landscape Inc. and the additional information submitted with your protest letter do not meet the project requirements of having at least three projects in the past five years with similar scope and complexity as set forth in Bid Form 6 in the Bid Package which is required in order to demonstrate the Bidder's ability to perform the required Work. The main portion of the Work is installation of a prefabricated steel bridge, however, none of your listed projects are related to bridge work or bridge installation.

Due to the above factors, the bid submitted by United Construction & Landscape Inc. is deemed non-responsive, and your bid protest is therefore rejected. An appeal of this decision may be filed with the City Council pursuant to Thousand Oaks Municipal Code Section 3-10.31 0(f). All such appeals must be in writing and shall be filed with the City Clerk within five (5) business days from the date of the City Manager designee's decision, which would be June 23, 2022.

Sincerely,
ATTACHMENT #5
DPW: 850-20\etm\Council\2022\070522/CI 5527 Conejo Canyons Bridge at HCTP Item No.10B
UNITED CONSTRUCTION & LANDSCAPE INC.
9018 Balboa Blvd. #128, Northridge, CA 91325
Phone: (818) 988-9706; Fax: (818) 988-9707
Email: [email protected]
June 21, 2022
Attention: City Council Members
City of Thousand Oaks
CC: Cynthia M. Rodriguez, City Clerk
Nader Heydari, PE, CCM, Deputy Public Works Director/ City Engineer Clifford G. Finley, Public Works Director
RE: APPEAL - BID PROTEST - CI 5527 CONEJO CANYONS BRIDGE ··;
, ,I
Dear City Council Members and Cynthia M. Rodriguez:

I hope this letter finds you well.

We, United Construction & Landscape, Inc. ("United") are sending you this Appeal of a decision regarding Bid project Conejo Canyons Bridge (CI 5527), pursuant to Thousand Oaks Municipal Code Section 3-

10.31 O(f). United has sent a reconsideration letter concerning the rejection of Public Works Director regarding the ability to perform the required work and complexity. United is requesting and audience to address this issue with City Council Members. Attachments are communications from United and Public works Engineer and Director.

We are hoping for your acceptance and arrange a time for us to meet and be able to appeal our case.

Sincere! yours,
, [email protected]
cc: Indika Jayaratna-Owner/President
Estimating, [email protected]
Richard Abrantes, [email protected]
ATTACHMENT #6
DPW: 850-20\etm\Council\2022\070522/CI 5527 Conejo Canyons Bridge at HCTP Item No.10B
Public Works Department
2100 Thousand Onks Boulevard • Thousand Onks, CA 91362
Phon e 805/ 449.2400 • Fax 805/ 449.2475 • www.to;1ks.org June 14, 2022
Clifford G. Finley
Public Works Director
lndika Jayaratna
President
United Construction & Landscape, Inc.
9018 Balboa Boulevard, #128
Northridge, CA 91325
via email [email protected]
Re: Cl 5527 Conejo Canyons Bridge at HCTP (Non-Responsive Bid) Dear Mr. Jayaratna :

The City of Thousand Oaks has reviewed your June 8, 2022, bid package on the above referenced project, and is hereby deeming it to be Non-Responsive due to the following:
• The bid documents submitted by your firm did not meet the requirement listed in bid form 6, under item C. According to this item, the bidder is required to list three projects completed in the last five years that are similar enough to the Work in scope and complexity to demonstrate Bidder's ability to perform the required Work.

The main portion of the Work is installation of a prefabricated steel bridge, however; none of your listed projects is related to bridge work or bridge installation.

Due to the above factors, the City intends to award the contract to the next lowest responsive bidder, after a thorough review of their bid. If you have questions, feel free to contact me at (805) 449-2392 or [email protected].

Sincerely,
Nader Heydari, PE, CCM
Deputy Public Works Director/City Engineer
c: Tracy Friedl, Assistant City Attorney
roaks.org
Item No.10B
UNITED CONSTRUCTION & LANDSCAPE INC. 9018 Balboa Blvd. #128, Northridge, CA 91325 Phone: (818) 988-9706; Fax: (818) 988-9707
Email: [email protected]
June 15, 2022
Attention: Nader Heydari, PE, CCM
Deputy Public Works Director/ City Engineer
City of Thousand Oaks
CC: Clifford G. Finley
Public Works Director
City of Thousand Oaks
EMAIL: [email protected]
P: 805/449-2400
RE: BID PROTEST - CI 5527 CONEJO CANYONS BRIDGE
Dear Mr. Nader Heydari;
We, United Construction & Landscape, Inc. ("United") are sending you this bids protest letter to file against your letter dated June 14, 2022 with the following reasons. • United possess a valid and active Contractor License A, B, C 12 & C27 • United has prided itself to have a team of experienced, professional, and skilled crew which has been in the Construction Industry for 30 years • United has highly competent and qualified Project Managers and Superintendents who has more than 15 years in construction field
• United has been doing public works project since 2010 and recently finished a project with City of Los Angeles where we had different agencies involved like Metro, US Corp of Engineers, Bureau of Streets Services, Bureau of Streets Lighting and Biologist.

These agencies which is known for most people in the construction industry have very high and distinctive standards that few contractors like United can achieve such approval.

Attached hereto is a letter of recommendation from City of Los Angeles. This is our first project with City of Los Angeles and gave us high praises that United was able to finish this job in 1 year against a 2year forecast.

United feel discriminated and treated unfairly because this is our 2nd project that City of Thousand Oaks have rejected for the same reason of experience and ability to perform. United is a fully accomplished General Engineering contractor and highly competent enough to finish this project accordingly and on time. In addition, United has loyal and highly subcontractors that can do different trades (bridge installation, piling and dewatering) and all other line of work.

Attached hereto is United resume, please feel free to contact them. Also attached are recommendation letters from different districts that we have worked with.

Item No.10B
. ' ...

UNITED CONSTRUCTION & LANDSCAPE INC. 9018 Balboa Blvd. #128, Northridge, CA 91325 Phone: (818) 988-9706; Fax: (818) 988-9707
Email: [email protected]
With this protest in consideration, United Construction and Landscape, Inc., being the 1 RD LOWEST BIDDER, should be declared as the MOST RESPONSIVE/RESPONSIBLE BIDDER for this bid.

If there is any need for further information, please do not hesitate to contact us.

Mari Torr
Offi Manager
~ ~ Q__ Project nager
c ka Jayaratn -Owner/President
Estimators
Item No.10B
,.

United Construction & Landscape, Inc.
9018 Balboa Blvd. #128, Northridge, CA 91325
License: 960915
Classifications: A, B, C12 & C27
Owner: Indika Jayaratna
Cell: 818-917-7445
Phone: 818-988-9706
Fax: 818-988-9707
Email: [email protected]; [email protected]
References:
• Project: Gladstone St. E.S. Parking Lot
Upgrade
Owner: Azusa USD
Project Address: 1040 E Gladstone St,
Azusa, CA 91702
Start: Dec. 23, 2019
Completion: May 11, 2020
Project Manager: Edger Paz
P: 562-427-5007
[email protected]
Scope of work: Demolition, grading,
concrete foundation & curbs, earthwork,
landscape, concrete wall & footing
Cost of Work: $1,260,217.43
• Project: Arroyo Simi Greenway
project Phase II
Owner: Rancho Simi Recreation &
Park District
Start:

Completion: February 2, 2017
Project Manager: Douglas Duran
P: 805-584-4480
[email protected]
Scope or Work: Earthwork, AC
Paving, Stone walls & pilasters, CMB
installation & compaction
Cost of Work: $1,131,938.69
• Proiect: Weathersfield Elem School
Owner: Conejo Valley USD
Project Address: 3151 Darlington Dr.

Thousand Oaks, CA 91360
Completion: November 5, 2019
Project Manager: Mike Stanford
P: 805-857-6724
[email protected]
Scope of Work: SWPP, demolition,
concrete footing, monument sign, AC
paving, landscape, CMU trash enclosure
Cost of Work: $387,000.00
Final Cost w/CO's: $386,528.46
• Project: Reseda ES ADA Barrier
Owner: Los Angeles USD
Project Address: 7265 Amigo Ave.

Reseda, CA 91335
Start: Nov. 21, 2018
Completion: June 4, 2019
Project Manager: Emil Ohanian
P: 213-241-4243
[email protected]
Scope of Work: Concrete forms, reinforcement, cast
in place, rough carpentry, earthwork, demolition
Cost of Work: $827,532.82
Final Cost w/CO's: $827,532.82
Item No.10B
• Proiect: Coldwater Canyon E.S. ADA
Barrier Removal
Owner: Los Angeles USO
Start: March 4, 2019
Completion: July I, 2020
Project Manager: Johnray Tam, EIT
P: 213-241-4973
[email protected]
Scope of Work: Demolition, rough
carpentry, A/C paving, ADA
requirements
Cost of Work: $1,110,532.96
• Proiect: Central Mall Ph3a
Owner: Cal State University Channel
Islands
Project Address: 1 University Drive
Camarillo, CA 93012
Start: Dec. I 0, 2019
Completion: August 25, 2020
Project Manager: Dan Gerard
P: 805-437-3354;
[email protected]
Scope of Work: Demolition, curbs,
rebars, pavers, landscape, SWPP
Cost of work: 1,281,100.00
Final Cost w/CO's: $1,291,554.87
• Proiect: Parkview E.S. Underground
Utilities
Owner: Mountain View SD
Project Address: 12044 Elliott Ave, El
Monte, CA 91732
Start: August 2020
Completion: October 15, 2020
Substantial
Project Manager: Jeff Truschel
P: 626- 705-5926
[email protected]
Scope of Work: SWPP, concrete
removal, demolition, concrete & asphalt
install, trenching, storm drain, landscape
Cost of Work: $3,477,000.00
Final Cost with CO's: $3,730,800.00
• Proiect: Interior Tenant Improvement
project at Family Center (Rebid)
Owner: Mountain View SD
Start: March 26, 2018
Completion: March 6, 2019
Architect: Jaime Rizo, MSP
P: 562-427-5007
[email protected]
Scope of Work: Underground rough
waste, signages, kitchen, restrooms
Cost of Work: $2,193,394.33
• Proiect: Northwood Park Phase3
Development
Owner: Conejo Recreation & Park
District
Completion: September 20, 2017
Project Manager: Andrew Mooney
P: 805-495-64 71
Project Administrator: Tom Hare
P: 805-495-64 71
[email protected]
[email protected]
Scope of Work: Underground utility,
playground install, grading, sidewalk
Cost of Work: $1,442,577.62
• Proiect: Vasguez High School Athletic
Field Improvement
Owner: Acton Agua Dulce Unified
School District
Project Address: 33630 Red Rover Mine Rd
Acton, CA 93510.

Completion: August 16, 2019
Project Manager: James Vose
P: 661-435-6536
[email protected]
Scope of Work: Ball field upgrades
and utilities, demolition, parking lot, a/c
pavmg.

Cost of Work: $1,626,000.00
Final Cost w/CO's: $1,730,666.30
Item No.10B
. .
• Project: LA River Bike Path
LA River Headwater Bikeway
Owner: City of Los Angeles
Project Location: Owensmouth Ave. to
Mason Ave. - Along the LA River 1.5
Miles
Start: December 2021
Completion: May 2022 Substantial
Completion
Project Manager: Rene Carillo, P .E.,
ENVSP
P: 213-84 7-0859
[email protected]
Scope of Work: SWPP, floodwall,
concrete asphalt pavement, structural
backfill, chain link fence, reconstruct
concrete channel, over excavation
Cost of Work: $5,812,578.00
Final Cost with CO's: $5,964,125.00
• Project: Maxson ES Parking Lot
Upgrades
Owner: Mountain View SD
Project Location: 12380 Felipe St, El
Monte, CA 91732
Start: April 13, 2020
Completion: February 24, 2021
Substantial
Project Manager: Jeff Truschel
P: 626- 705-5926
[email protected]
Scope of Work: SWPP, concrete
removal, demolition, concrete & asphalt
install, trenching, storm drain, landscape
and irrigation
Cost of Work: $1,178,000.00
Final Cost with CO's: $1,385,426.00
• Project: Arneill Ranch Park
Renovation
Owner: Pleasant Valley Recreation and
Parks District
Project Location: 1301 Sweetwater
Ave, Camarillo, CA 93010
Start: July 26, 2021
Completion: April, 4, 2022 Substantial
Project Manager: Nick Marienthal
P: (805)482-5396
Email: [email protected]
Scope of Work: Demo old park
equipment and benches, regrade field
and slope to drains, new concrete
sidewalks and DG paths, new irrigation
system, planting, irrigation controller
Cost of Work: $1,261,900.00
Final Cost with CO's: $1,358,900.00
• Project: Gladstone HS - Field
Improvement (Rebid)
Owner: Azusa USO
Project Location: 1340 N Enid Ave,
Covina, CA 91722
Start: May 11, 2020
Completion: January 29, 2021
Project Manager: Juan Romero
P: (909) 615-8005
Email: [email protected]
Scope of Work: SWPP, Demo,
Grading, Synthetic Field Install,
Concrete, Asphalt Paving, Restroom
ADA compliance, Tile, Drainage,
Landscape Irrigation, Hydroseeding
Cost of Work: $2,653,000.00
Final Cost with CO's: $2,700,000
Item No.10B

BOARD OF PUBLIC WORKS

MEMBERS

GREG GOOD PRESIDENT

AURA GARCIA

VICE PRESIDENT
DR. MICHAEL R. DAVIS PRESIDENT PRO TEMPORE
JESSICA M. CALOZA COMMISSIONER
M. TERESA VILLEGAS

COMMISSIONER

CITY OF LOS ANGELES CALIFORNIA DEPARTMENT OF PUBLIC WORKS

BUREAU OF STREET SERVICES
ADEL H. HAGEKHALIL

EXECUTIVE DIRECTOR AND GENERAL MANAGER

ERIC GARCETTI
MAYOR

STEPHANIE CLEMENTS

KEITH MOZEE

GREG SPOTTS ASSISTANT DIRECTORS
1149 S. BROADWAY, SUITE 400
LOS ANGELES, CA 90015

REQUEST FOR SERVICE
TEL: (800) 996-CITY OR 3-1-1
FAX: (213) 847-3300
[email protected]
BSS.LACITY.ORG
April 18, 2022
lndika Jayaratna, Project Manager
United Construction & Landscape, Inc.
9018 Balboa Blvd., #128
Northridge, California 91325
Project: Los Angeles River Headwater Bikeway Owensmouth Avenue to Mason Avenue (Re­ Bid)
Subject: Letter of Acknowledgement of United Construction & Landscape Inc. as General Contractor
w.o.

M0014091
CLA Ltr. No.110
Dear lndika Jayaratna:

This letter is to acknowledge the outstanding professionalism and partnership established with United Construction & Landscape Inc. for the Los Angeles River Headwater Project with the City of Los Angeles Department of Public Works, Bureau of Street Services.

The project scope consisted of constructing a 1.25 mile long bike path and two underpasses along the south embankment of the Los Angeles River, with Contract duration of 600 working days. However, the Contractor presented an aggressive construction schedule to construct both underpasses in one dry season, potentially reducing ·construction duration by one entire dry season. Despite unforeseen conditions, the Contractor successfully completed the Construction of the underpasses in one dry season, resulting in completing the project 12 months ahead of its contract deadline. Such achievement must be recognized in part to the coordination and collaboration between the Contractor, and their subcontractors.

Additionally, typical to any construction project, unforeseen conditions and scope changes occur. At every event, the City found the Contractor to be fair and reasonable, allowing for resolution with minimum impact to the project. Being said, as the lead construction manager of the project, I thank and congratulate United Construction & Landscape Inc. on their excellent performance in managing the construction as the General Contractor of this project.

Sincerely,
- , /, 1 _ _.,,. /: ) .. , '
•<- . 1'" v: <.<:

Rene Carrillo
Architect/ Engineer
Construction Services Division
cc: [email protected]
estimate l@ucmla nd. net
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Item No.10B
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AN EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER Recyclable ,,,d made from recycled " " " 0 Item No.10B
Letter of Recommendation
May 18, 2022
To Whom This May Concern,
I am pleased to provide the following letter of recommendation for Indika Jayaratna, United Construction & Landscape Inc. I have known him in a professional level for 8 years. He has always approached all construction projects with dedication and enthusiasm. He always works well with the owners and the consultant team on all complex projects. He also genuinely shares his commitment to all team members and help foster that same commitment with Subcontractors. His ability to bring forward site issues and questions in a timely manner allowing responses to be incorporated with minimal impact is very evident and thus resulting to excellent results.

I am confident that given the opportunity, United Construction & Landscape Inc. will be a valuable asset to any future construction project.

Best,
Signature Date _
Telephone _ 818-512-1112 _
E-Mail - - - - - - - - -
cn=Emil Ohanian, o, ou,
[email protected], c=US
2022.05.19 11 :22:31 -07'00'
Item No.10B

REC REATIO N AN D PARK DISTRICT
May 20, 2022
Re: Recommendation for United Construction & Landscape, Inc.

To whom it may concern:

It is my pleasure to recommend United Construction & Landscape, Inc. (UCLI) for any future projects they may pursue. As Project Manager, for the Rancho Simi Recreation & Park District, I had the pleasure of working with UCLI on the renovation of approximately 2 miles of the bike trail along the Arroyo Simi Greenway. This project involved several fields of expertise: demolition, grading, compaction, engineering, decorative metal work, masonry, hardscape, asphalt paving, and landscaping. UCLl's high level of attention to detail, leadership, and management was impeccable.

I worked closely with Mr.lndika Jayaratna, UCLI Principal. I appreciated his prompt response to any issues or concerns. He personally inspected the construction and any issues were brought to our attention. As a team, the solutions would be discussed and implemented.

UCLI vast experience on public works played a big role in how successful our project was completed.

As a public agency, our goal is to meet all deadlines, stay on budget and execute a project that is enjoyed by the community. UCLI met all of these requirements as they truly understand what it takes to complete a successful project.

I look forward to the opportunity to work with United Construction & Landscape, Inc in the near future. If you should desire to discuss their performance, please feel free to contact me. n
Designer, Project Manager

RANCHO SIMI
RECREATION AND PARK DISTRICT I ft 4201 Guardian St. I t '-») 805_584_4400 • Simi Valley, CA 93063 ~ Item No.10B
Pleasant Valley
, 1"',,.,,,,,.,.11 ,,. Recreation & Park District
April 13, 2022
Re: Recommendation Letter
To Whom it may concern,
I would like to commend United Construction and Landscape, Inc. for an outstanding job on the Arneill Ranch Park Renovation project. In my experience, United Construction has proven to be an excellent general contractor. On this project, I worked closely with lndika Jayaratna, who led the project efficiently and without issues. Submittals were produced quickly and completely, changes were priced competitively and executed quickly, and requisitions were produced on time and without revision. From manpower to materials, the schedule was managed effectively throughout the project with a high degree of professionalism. As a result, the project was delivered on time, within budget and with a great improvement that is significantly noticeable to all. lndika Jayaratna brought a teamwork mentality to the jobsite and proactively sought prompt and effective solutions to jobsite issues. The Forman onsite, Enrique Martinez, worked safely and produced quality work with minimal punch list. In closing, I am confident that given the opportunity, United Construction and Landscape, Inc. will be a valuable asset to any future projects.

Sincerely,
Nick Marienthal
Park Supervisor
Pleasant Valley Recreation & Park District
Item No.10B
Public Works Department 2100 Thousand Oaks Boulevard • Thousand Oaks, CA 91362 Phone 805/ 449.2400 • Fax 805/ 449.2475 • www.toaks.org Clifford G. Finley
Public Works Director

NOTICE OF INTENDED AWARD
To: All Bidders submitting bids for:

CONEJO CANYONS BRIDGE AT HCTP
SPECIFICATION NO. 2018/2019 - 20
CITY PROJECT NO. Cl 5527
Dated: June 8, 2022
1~ c.,e;i w J · . .Tiurie I s-1 )r;y -y
s-·.3?J fM
You are hereby notified that award for this project will be recommended to the City Council as follows:

Lowest responsive/responsible Bidder: Beador Construction Company, Inc., Corona, CA Bid Price of the contract: $ 2,155,300
Scheduled award date by the City Council: July 5, 2022.

Any interested party may file a written protest regarding the intended award noted above in strict compliance with the following:
• Protests must be filed with the City within five (5) business days from the date of this notice; that is, by 5:00 P.M. on Wednesday June 22, 2022. • Protests must state the grounds and facts for the protest, and include any evidence that supports the protest.
• Protests must be in writing, and submitted via mail or email to the attention of both of the following City representatives:
o Cliff Finley, Public Works Director ([email protected]) o Saeed Zolfaghari, Project Manager ([email protected]) The City shall issue a written decision on the protest. If the award is for an amount greater than $200,000, the City's decision may be appealed to the City Council. Any appeal must be in writing and filed within five business days from the date of City's written decision on the protest.

CITY OF THOUSAND OAKS
By: Ayda Forouzan
Title: Senior Engineer
ltA~..,, I ~ ~ l ( ) t l , :--, • < > I <._5 .. ~ .. c..) Item No.10B
C ity of ~
Thousand
Public Works Departn1ent
2100 Thon sand Oaks Boulevard • Thousand Oaks, CJ\ 91362 Phone 805/ 449.2400 • Fax 805/ 449.2475 • www.1.o:1ks.org June 16, 2022 1 S: It fwi
United Construction & Landscape Inc.

Attention: Maria Torres, Office Manager
lndika Jayaratna, Owner/President
Clifford G. Finley
Public \'</orks Director
Re: Bid Protest Determination - Conejo Canyons Bridge (Cl 5527) Dear Ms. Maria Torres & Mr. lndika Jayaratna,
Pursuant to Thousand Oaks Municipal Code Section 3-10.310(d), the City Manager has delegated to me the obligation to respond to the protest that was filed on behalf of United Construction & Landscape Inc. related to the receipt of formal bids for the above referenced project.

I have reviewed your protest letter dated June 15, 2022, along with the provided supporting documentation; however, my final decision is to reject your protest pursuant to Thousand Oaks Municipal Code Section 3-10.310(d). The bid submitted by United Construction & Landscape Inc. and the additional information submitted with your protest letter do not meet the project requirements of having at least three projects in the past five years with similar scope and complexity as set forth in Bid Form 6 in the Bid Package which is required in order to demonstrate the Bidder's ability to perform the required Work. The main portion of the Work is installation of a prefabricated steel bridge, however, none of your listed projects are related to bridge work or bridge installation.

Due to the above factors, the bid submitted by United Construction & Landscape Inc. is deemed non-responsive, and your bid protest is therefore rejected. An appeal of this decision may be filed with the City Council pursuant to Thousand Oaks Municipal Code Section 3-10.310(f). All such appeals must be in writing and shall be filed with the City Clerk within five (5) business days from the date of the City Manager designee's decision, which would be June 23, 2022.

Sincerely,
Item No.10B
UNITED CONSTRUCTION & LANDSCAPE, INC. 9018 Balboa Blvd., 11128, Northridge, CA 91325 • CSLB # 960915 • P:818-988-9706 * F:818-988-9707 June 17, 2022
Attention: Nader Heydari, PE, CCM
Deputy Public Works Director/ City Engineer
City of Thousand Oaks
CC: Clifford G. Finley
Public Works Director
City ofThousand Oaks
EMAIL: [email protected] P: 805/449-2400
Dear Mr. Nader Heydari and Mr. Clifford Finley,
We, United Construction & Landscape, Inc. ("United"), greatly appreciate your time in considering our protest letter with regards to the Conejo Canyons Bridge project (Cl 5527). We hope that you will give our company additional consideration to address the City Manager's concerns with regards to Thousand Oaks Municipal Code Section 3-

10.310{d).

The project's requirements for the contractor to have "at least three projects in the past five years with similar scope and complexity" is sought after to "demonstrate the Bidder's ability to perform the required Work." Despite United's recent and young beginnings as a company in the construction industry, our individual personnel have not only had a successful track record with respect to recently accomplished projects but also have prior experiences that more than meets the requirements that is requested of the Conejo Canyons Bridge project (Cl 5527) in Bid Form 6 in the Bid Package. We would also like to point out that there were no protests from the rest oft he bidders on this project.

We invite you to reconsider with the list of following personnel who have demonstrated such capabilities in prior experiences; we have also included their resumes for effect:
• Richard R. Abrantes - Hitachi Cable, Ltd. Singapore - Deputy Project Manager - Constructed 2 Utility Bridges for PowerGrid & PowerGas * Supply & Installation of 400kV & 230kV Transmission Lines Project for Singapore Power Ltd. Republic of Singapore - Cost 5$640 million. • Winfredo F. Barcelona - New Creation Builders, Inc. - Superintendent - Widening of Canoga Bridge and Approaches, Canoga Ave., between Basset St., and Vanowen Ave., Canoga Park, Ca. 91303 . Following Thousand Oaks Municipal Code Article 4: Sec. 3-10.401, the code states that such "contracts should only be awarded to firms or persons who have demonstrated 'adequate competence' meaning: an adequate level of experience, competence, training, credentials, character, integrity, reputation, financial responsibility, resources, equipment, staffing, and other professional qualifications necessary for more than a satisfactory performance of the services required in the time period needed and price." As discussed in the response letter on June 15, 2022 along with the comprehensive list of resume experiences described above and the company's recent track record, we, United Construction & Landscape, Inc., strongheartedly believe that we are more than "adequately competent" to accomplish the tasks set before us in the Conejo Canyons Bridge project.

We sincerely hope that you will reconsider your recent decision and allow us to pursue this project to its success.

Sincerely,
RA.pm
Item No.10B
United Construction & Landscape, Inc.

POSITION Project Manager

PROFILE
Richard R. Abrantes has more than 30 years of experience in the construction industry, with extensive experience in supervision, engineering, project management, and construction. Richard has a proven track record of successfully managing & providing site supervision on multiple projects simultaneously. He has been responsible for the day-to-day management of all phases of the project. Richard has been involved in the direct management and supervision of the job site including safety compliance, material & cost control, coordination of plans/design with subcontractors, inspectors, consultants' & owners. He has also been responsible for overall management of engineering & construction with the design team and the subcontractors, constructability and value engineering reviews during the design phase, schedule development, analysis of trade contractor's bids, contract writing and administration, budget and schedule management, lead the estimating team on prospective projects using generated computer programs in detailed estimates, bid preparation, organized job walks and attend site meetings. Manage the engineering compliance of core renewals with the result of achieving acceptable levels of Track Quality. Monitor the accurate and consistent recording and delivery of the as-built detail and close-out.

PROJECTS UNDERTAKEN
Position-Relevant Projects: Medical Centers; Hospitals; Comprehensive Health Center all under Office of Statewide Health Planning & Development (OSHPD) * Naval Facilities and Air Force Base Renovation & Additional Construction Contracts, Management & Inspection, all located in California* K-12 Schools under Division of State Architect, (DSA) New Construction of Schools Buildings and Rehabilitation of Existing Classrooms and Facilities, Los Angeles & Orange Counties, California * Job Order Contract (JOC) Projects of County Courthouses Juvenile Detention Centers * Central Plant Stations under Department of Public Works (DPW) & County of Los Angeles Internal Services Department (ISO) * Marine Corps Camp Pendleton Rifle Range & Facilities Building Upgrades.

Other Projects: Singapore Mass Rapid Transit (SMRT) Trackwork Project, Republic of Singapore * Supply & Install power generator, solar & wind energy services company and retail electricity supplier committed to shaping a more sustainable future throughout the United States and Canada * Supply & Install 400kV, 230kV, 66kV PPLP & Optic Fiber Communication U/ G Cables for Singapore PowerGrid Ltd. Transmission Lines, Republic of Singapore* Natural Gas Pipelines from Indonesia to Singapore for Singapore PowerGas Ltd. * Tuas Power Plant and Ayer Rajah Substation Transmission Lines & Buildings for Singapore Power Ltd. Republic of Singapore * Mojave Solar Extension Project, Mojave Desert, California. * Petrochemical Plants Pipeline Route Engineer, Saudi Strategic Storage Program (SSSP) Project under Ministry Defense & Aviation, Kingdom of Saudi Arabia.

EXPERIENCE
Aerotek Commercial Company- ENGIE North America Utilities Company, California- Oct 2019 - Jul 2020 Construction Project Manager
Projects: Compton Unified School District, LED & HVAC Renewable Energy Projects * San Diego Unified School District, Solar Energy Project * NASA Jet Propulsion Laboratory (JPL) Solar Energy Project Element Consulting, Inc., El Segundo, California
Project Manager
Projects: Los Angeles County, Department of Public Works projects AIM Consulting Services, Inc. El Monte, CA
Construction Project Manager
Jan 2019- Jul 2019
Oct 2017 - Dec 2018
Mar 2015 - Sept 2015
9018 Balboa Blvd., #128, Northridge, CA 91325*CSLB # 960915*P:818-988-9706*F:818-988-9707 Item No.10B
United Construction & Landscape, Inc.

Projects: Cycle 8 State Safe Routes to Schools Project Cost $1 Million* Whittier Blvd. Street Rehabilitation Project - Cost $2 Million.* City of Pico Rivera, Traffic Safety Improvements City Wide Project- Cost $1 Million.

Willkom, Inc., - General Contractor, San Diego, California Oct 2015 - Sep 2017 Project Manager
Projects: Veterans Affairs Loma Linda Medical Center; Seal Beach Naval Weapon Stations Facilities and Los Angeles Air Force Base; Simplified Acquisition of Base Engineer Requirements (SABER) Renovation & Multiple Additional Construction Contracts; Los Angeles Unified School District Projects ACE Engineering, Inc., Los Angeles, California - General Contractor Dec 2012 - Feb 2015 Project Manager
Projects: Martin Luther King Medical Center Project, Owned by County Department of Public Works, Los Angeles, California - Various Job Order Contract Projects - $15 Million Mackone Development, Inc., Los Angeles, California - General Contractor May 2010 - Nov 2012 Project Manager I Superintendent May 2003 - Nov 2007
Projects: Martin Luther King Medical Center Project, Harbor-UCLA Medical Center JOC Projects, K-12 Schools, Court Houses, Prison Buildings & Facilities Projects. All Located in Los Angeles, California - Total $65 Million Barnhart, Inc., San Diego, California - Engineering & Construction Management May 2008 - Mar 2010 Project Manager
Projects: Office of Statewide Health and Planning Development (OSHPD) Seismic Upgrade Project, Owned by University of California, San Diego (UCSD) Medical Center, Facilities, Design & Construction Department, San Diego, California - Total $12 Million
MTM Construction, Inc., City of Industry, California - General Contractor Jan 2008 - Apr 2008 Project Manager (Contract Only)
Projects: Camp Pendleton Rifle Range and Various Building Upgrades, Owned by United States Marine Corps, San Diego, California - Total $30 Million
Cannon Associates, San Luis Obispo, California Apr 2002 - Feb 2003 Civil Engineer II I Land Surveyor II
Projects: Schools, Commercial Buildings, Solar Energy Plant, and Oil Refineries Located in Bakersfield Peter & Associates, San Clemente, California Nov 2001- Apr 2002 Civil Engineer I Office Land Surveyor
Projects: Telecom Cell Sites, Schools, and other Building Facilities all in Orange County, California Additional and Prior Experiences
kV &230kV
Worley Parsons Pte. Ltd. (Formerly DRPL), Singapore
(A Subsidiary of Singapore Power Ltd) Project Management/ Consultants Jan 1996 - Feb 2000
9018 Balboa Blvd., #128, Northridge, CA 91325*CSLB # 960915*P:818-988-9706*F:818-988-9707 Item No.10B
United Construction & Landscape, Inc.

Senior Technical Officer I Site Project Manager
Projects: Singapore Power Ltd - Power Plants, Substations, Transmission Lines, & Gas Lines Projects Balfour Beatty-Gammon JV, Singapore Mar 1990 - Nov 1995 Deputy Project Manager I Quantity Surveyor I Land Surveyor Projects: Singapore Mass Rapid Transit (SMRT) Rail Way Project - S$750 million relevant Singapore Authorities. * Calculate/Take-off rails and its component quantities including actual ballast quantities, materials, and equipment to be used. * Responsible for managing the client relationship and keeping company management informed of project status and issues.

ABV Rock Group KB, Saudi Arabia Jan 1987 - Jan 1990
Route Finding Engineer I Land Surveyor
Projects: Saudi Strategic Storage Program Project (SSSPP) under Ministry of Defense and Aviation (Pipeline Dept.)

EDUCATION
The University of Mindanao, Davao City, Philippines
Bachelor of Science in Civil Engineering (B.S.C.E.)
October 1984

PROFESSIONAL MEMBERSHIPS
American Society of Civil Engineers (ASCE) - Member
Certified Member of Construction Institute
Certified Member of Transportation and Development Institute Institute of Civil Engineering Surveyors {ICES) - Associate Member 1997 - Present
March 1995
SKILLS
Microsoft Office 2019
SureTrak Project Manager 3.0B
Procore Const. Mgmt. Software
PULSAR Cost Estimation
Adobe Acrobat Pro
Microsoft Visio
Primavera P6
RSMeans data
Autodesk AutoCAD + LDD R2i, R3
Prolog Const. Mgmt. Software
e4Clicks Project Estimate
PROGEN - Gordian Mgmt. Software

SAFETY RATINGS AND CERTIFICATIONS
• Certified Construction Safety Professional Credential for Project Managers, Singapore • 30 HRS. OSHA Training Course 'Construction Safety & Health' MRS.OSHA Safety Inc. • A-B-CPR & First Aid Training- American Red Cross
• eTraining Certified Fall Protection for the Competent Person • Lead and Asbestos Abatement, Operations & Maintenance, Ecologies Training Institute • Storm Water Pollution Prevention Plan (SWPPP) Training for Qualified SWPPP Practitioner (QSP) from Heery International,
• Sustainable Energy Management Training, (Environmental Impact Assessment & Sustainability) 'Village Green Global Inc. & East Los Angeles College Foundation' • Safety Works in Depot, Tunnel & Viaduct, Singapore Mass Rapid Transit (SMRT) Trackwork Project • Power Plant and Substation, Manager Safety Training Course, Singapore 9018 Balboa Blvd., #128, Northridge, CA 91325*CSLB # 960915*P:818-988-9706*F:818-988-9707 Item No.10B
United Construction & Landscape, Inc.

REFERENCES
Victorino Supan Ill, Construction Manager, [email protected], cell: 714-414-3901 • PUSD Roosevelt ES - Renovation of Classrooms - 2003-2004 - Cost $5Million. Partly involved with the project, Managed Office & Site Construction Activities during the absence of the PM In-Charge. • NMUSD Costa Mesa HS - Measure 'M' School Modernization Project - 2005-2007 - Cost $12 Million Set -up and manage subcontractors to keep projects on schedule and within budget. Interfaced with OAR on Construction Progress Billings, RFC, Submittals, Schedules, Sett led Disputed on Plans versus Actual Requirements. Interacted with different relevant authorities during the close-out of the project (i.e., fire marshals', environments, utilities & others). • NMUSD Newport Harbor HS - Measure 'M' School Modernization Project - 2006-2007 - Cost $8Million. Set-up and managed subcontractors to keep projects on schedule and within budget.

Interfaced with OAR on Construction Progress Billings, RFC, Submitt als, Schedules, Settle Disputes on Plans versus Actual Requirements. Interacted with different relevant authorities during the close-out of the project (i.e., fire marshals', environments, utilities & others).

Rufino Mabborang, Sr. Project Manager for Mackone Development, Inc. cell: 213-305-1958 • South Los Angeles Animal Care Center Project, (May.2010 - Nov.2012) Cost $18 Million. Construction of Admin Building, Animal Hospital, 300 Kennels, Parking Lots with (MEP's) Mechanical, Electrical, Sanitary, Sewers, Storm Drain System, & Tree Planting, Landscaping/Irrigation, Owner: City of LA Animal Facilities Bond Program, Los Angeles, CA
• LAUSD La Cienega ES- Addition 2-Story Classroom with Underground Parking Project- 2003-2005 Cost $10 Million. Set-up and manage subcontractors to keep projects on schedule and within budget.

Interfaced with OAR on Construction Progress Billings, RFC, Submitt als, Schedules, Settled Disputes on Plans versus Actual Requirements. Interacted with different relevant authorities during the close-out of the project (i.e., fire marshals', environments, utilities & others) • LAU SD Ascot ES - Addition 3-Level Classroom with Street Level Staff Parking Project - 2003-2004 Cost $8Million Partly involved with the project, Managed Office & Site Construction Activities during the absence of the PM In-Charge.

Reuel Faralles, Sr. Project Manager, Willkom Construction, Inc., cell: 310-339-3183 (Oct 2015 - Sep 2017)
• LAUSD, White Point Elementary School, cost $1.8 Million Parking Lots Improvements, Tree Planting / Landscaping/ Irrigation improvements.
• Veterans Affairs Loma Linda Medical Center; Cost $2.0 Million. Renovation of 3rd floor hallways and walls. • Seal Beach Naval Weapon Stations Facilities, Cost $2.5 Million Miscellaneous Repairs & Upgrades of Building Facilities
• Los Angeles Air Force Base; Simplified Acquisition of Base Engineer Requirements (SABER) Renovation & I Multiple Additional Construction Contracts. Cost $12 Million 9018 Balboa Blvd., #128, Northridge, CA 91325*CSLB # 960915*P:818-988-9706*F:818-988-9707 Item No.10B
United Construction & Landscape, Inc.
9018 Balboa Blvd., #128, Northridge, CA 91325*CSLB # 960915*P:818-988-9706*F:818-988-9707 Item No.10B
UNITED CONSTRUCTION & LANDSCAPE INC. 9018 Balboa Blvd. #128, Northridge, CA 91325 Phone: (818) 988-9706; Fax: (818) 988-9707
Email: [email protected]
June 15, 2022
Attention: Nader Heydari, PE, CCM
Deputy Public Works Director/ City Engineer
City of Thousand Oaks
CC: Clifford G. Finley
Public Works Director
City of Thousand Oaks
EMAIL: [email protected]
P: 805/449-2400
RE: BID PROTEST - CI 5527 CONEJO CANYONS BRIDGE
Dear Mr. Nader Heydari;
We, United Construction & Landscape, Inc. ("United") are sending you this bids protest letter to file against your letter dated June 14, 2022 with the following reasons. • United possess a valid and active Contractor License A, B, C12 & C27 • United has prided itself to have a team of experienced, professional, and skilled crew which has been in the Construction Industry for 30 years • United has highly competent and qualified Project Managers and Superintendents who has more than 15 years in construction field
• United has been doing public works project since 2010 and recently finished a project with City of Los Angeles where we had different agencies involved like Metro, US Corp of Engineers, Bureau of Streets Services, Bureau of Streets Lighting and Biologist.

These agencies which is known for most people in the construction industry have very high and distinctive standards that few contractors like United can achieve such approval.

Attached hereto is a letter of recommendation from City of Los Angeles. This is our first project with City of Los Angeles and gave us high praises that United was able to finish this job in 1 year against a 2year forecast.

United feel discriminated and treated unfairly because this is our 2nd project that City of Thousand Oaks have rejected for the same reason of experience and ability to perform. United is a fully accomplished General Engineering contractor and highly competent enough to finish this project accordingly and on time. In addition, United has loyal and highly subcontractors that can do different trades (bridge installation, piling and dewatering) and all other line of work.

Attached hereto is United resume, please feel free to contact them. Also attached are recommendation letters from different districts that we have worked with.

Item No.10B
UNITED CONSTRUCTION & LANDSCAPE INC. 9018 Balboa Blvd. #128, Northridge, CA 91325 Phone: (818) 988-9706; Fax: (818) 988-9707
Email: [email protected]
With this protest in consideration, United Construction and Landscape, Inc., being the 1 RD LOWEST BIDDER, should be declared as the MOST RESPONSIVE/RESPONSIBLE BIDDER for this bid.

If there is any need for further information, please do not hesitate to contact us.

Mari Torr
Offi Manager
"'- .,..-~ Q . Project nager
ka Jayarani -Owner/President
Estimators
Item No.10B
ATTACHMENT #7
DPW: 850-20\etm\Council\2022\070522/CI 5527 Conejo Canyons Bridge at HCTP staff report.docx

Project Name: Conejo Canyons Bridge at Hill
Canyon Treatment Plant (Cl 5527)

FIFTH AMENDMENT TO

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AND

STANTEC CONSULTING SERVICES
Contract No. 11855- 2018
THIS FIFTH AMENDMENT to the Agreement for Professional Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation, (hereafter “City”) and STANTEC CONSULTING SERVICES (“Consultant”), entitled Conejo Canyons Bridge at Hill Canyon Treatment Plant (CI 5527) and dated September 25, 2018 and amended on May 23, 2019; December 6, 2019; December 24, 2020; and February 22, 2022 (herein “Contract”) is made this 5th day of July 2022.

RECITALS
A. Section 3 of Contract, currently, and as may have been previously amended, provides for a “not -to-exceed” total payment as consideration to Consultant of $ 212,434 for services generally and briefly described as Consultant’s services.

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

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

Part 1. The following services to be performed by Consultant are added to the Scope of Services listed in Section 2 of Contract, such section is hereby amended to add and also include the following services, and Exhibit A-5 is hereby added to Contract:

Additional engineering support, inspection, and testing services during the construction phase , as more full y described in Exhibit A -5, attached hereto and incorporated herein.

Part 2. The sum of $146,173 is added as compensation to Consultant under the present Contract for the above -described additional services, and Subsection 3 (a) of Contract is hereby amended to read in its entirety as follows. Exhibit B is hereby replaced in its entirety by Exhibit B-5, attached hereto and incorporated herein by reference.

Item No.10B
DPW: 850-20\Council\2022\0705022\CI 5527 Conejo Canyons Bridge.docx

(a) Maximum and Rate. The total compensation payable to Consultant by City for the services under this Agreement SHALL NOT EXCEED the sum of $358,607 (herein "not to exceed amount"), and shall be earned as the work progresses on the following basis:

Hourly at the hourly rates and with reimbursement to Consultant for those expenses set forth in Consultant's Schedule of Fees attached as “Exhibit B5", which is incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon Consultant until December 31, 2023, after which any change in the rates and expenses must be approved in writing by City's Project Manager (City is to be given 60 days notice of any rate increase request), provided the not to exceed amount is the total compensation due Consultant for all work described under this Agreement.

Part 3. All terms used in Parts 1 and 2 above shall have the meanings ascribed thereto in Contract. Except as amended in Parts 1 and 2 above, all other sections, terms, obligations, duties, clauses, and provisions of Contract shall remain the same.

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

STANTEC CONSULTING SERVICES
_____________________________
Hady Izadpanah, Senior Principal
_____________________________
Derek Rapp, Principal

CITY OF THOUSAND OAKS
_____________________________
Bob Engler, Mayor
ATTEST:

Cynthia M. Rodriguez, City Clerk
APPROVED AS TO ADMINISTRATION:
________________________________
Andrew P. Powers, City Manager
Item No.10B
DPW: 850-20\Council\2022\0705022\CI 5527 Conejo Canyons Bridge.docx

APPROVED BY DEPARTMENT HEAD:

Clifford G. Finley, Public Works Director
APPROVED AS TO FORM:

Office of the City Attorney
Tracy Friedl, Assistant City Attorney
Item No.10B
EXHIBIT A-5

FIFTH AMENDMENT - STANTEC
CI 5527- Conejo Canyons Bridge at HCTP

SCOPE OF WORK
Consultant shall provide the following Construction Support Services as listed under the following Tasks:

Task 1: Project Management
• Coordinate with City staff, Subconsultant, and Contractor. • Perform project management including monthly invoices (using the City’s budget forms).
• Provide project status updates describing the work performed during the previous month.

Task 2: Construction Phase Support

2.1: Pre-Construction and Construction Progress Meetings - Attend pre-construction and construction progress meetings

2.2: RFI’s and Response to Questions – Provide r esponse to RFI’s or questions presented by the contractor in writing.

2.3: Submittal Review – Develop a submittal tracking log, review contractor’s submittals and provide response.

2.4: Structural and Civil Engineering Ser vices - Provide structural engineering services as needed through the construction, including observation of the CIDH piles, abutments, wingwalls, bridge assembly and installation, utility lines, backfilling and access road construction

2.5: Preparation of Record Drawings - Coordinate with the City inspector(s), construction manager, contractor and prepare record drawings based on the inspectors and contractor’s redlined plans.

Task 3: Special Inspection and MaterialTesting
provide geotechnical engineering services, laboratory testing of material , and special inspection for the project during construction.

Below is a breakdown of the required inspections/tests
Item No.10B

DPW: 850-20\Council\2022\070522\CI 5527 Conejo Canyons Bridge.docx

3.1 Field compaction testing on soils, base, and asphalt

3.2 Field observation of caisson drilling

3.3 Special inspection of caisson concrete placement, rebar, and sampling for the east abutment

3.4 Special inspection of rebar and concrete for the west abutment

3.5 Special inspection of bolting and welding

3.6 Sample pick up

3.7 Max density testing of soils and base

3.8 Gamma Gamma Testing

3.9 Aggregate, Asphalt, concrete, bolting, and rebar testing

Item No.10B
V:\2042\administration\bc_manage\rate_tables\2022\2022_rate_table_2_ca_hi.doc SCHEDULE OF BILLING RATES – 2022
Billing
Level
Hourly
Rate Description
3 4
5 $105
$116
$132
Junior Level position
 Independently carries out assignments of limited scope using standard procedures, methods and techniques
 Assists senior staff in carrying out more advanced procedures  Completed work is reviewed for feasibility and soundness of judgment  Graduate from an appropriate post-secondary program or equivalent  Generally, one to three years’ experience
6 7
8 $136
$144
$154
Fully Qualified Professional Position
 Carries out assignments requiring general familiarity within a broad field of the respective profession  Makes decisions by using a combination of standard methods and techniques  Actively participates in planning to ensure the achievement of objectives  Works independently to interpret information and resolve difficulties  Graduate from an appropriate post-secondary program, with credentials or equivalent  Generally, three to six years’ experience
9 10
11 $159
$164
$179
First Level Supervisor or first complete Level of Specialization  Provides applied professional knowledge and initiative in planning and coordinating work programs  Adapts established guidelines as necessary to address unusual issues  Decisions accepted as technically accurate, however may on occasion be reviewed for soundness of judgment
 Graduate from an appropriate post-secondary program, with credentials or equivalent  Generally, five to nine years’ experience
12 13
14 $188
$198
$208
Highly Specialized Technical Professional or Supervisor of groups of professionals  Provides multi-discipline knowledge to deliver innovative solutions in related field of expertise  Participates in short and long range planning to ensure the achievement of objectives  Makes responsible decisions on all matters, including policy recommendations, work methods, and financial controls associated with large expenditures
 Reviews and evaluates technical work
 Graduate from an appropriate post-secondary program, with credentials or equivalent  Generally, ten to fifteen years’ experience with extensive, broad experience 15 16
17 $220
$243
$251
Senior Level Consultant or Management
 Recognized as an authority in a specific field with qualifications of significant value  Provides multi-discipline knowledge to deliver innovative solutions in related field of expertise  Independently conceives programs and problems for investigation  Participates in discussions to ensure the achievement of program and/or project objectives  Makes responsible decisions on expenditures, including large sums or implementation of major programs and/or projects
 Graduate from an appropriate post-secondary program, with credentials or equivalent  Generally, more than twelve years’ experience with extensive experience

18 19
20 21

$256
$266
$276
$293

Senior Level Management under review by Vice President or higher  Recognized as an authority in a specific field with qualifications of significant value  Responsible for long range planning within a specific area of practice or region  Makes decisions which are far reaching and limited only by objectives and policies of the organization  Plans/approves projects requiring significant human resources or capital investment  Graduate from an appropriate post-secondary program, with credentials or equivalent  Generally, fifteen years’ experience with extensive professional and management experience

Survey Crews
Crew Size
1-Person
2-Person
3-Person
Regular Rate
$185
$290
$390
Overtime Rate
$225
$400
$520
Expert Witness Services carry a 50% premium on labor. Overtime may be charged at 1.5 times the standard billing rate. All labor rates will be subject to annual increase.

T-2 2022

Exhibit "B5"
Exhibit B-5
Schedule of Fees - 2022
Item No.10B
ATTACHMENT #8
TASK ORDER NO. 5 Page 1 of 1
Consultant/Contractor: On Call Agreement Amount: $ 500,000.00 Agreement No.: Prev. Approved Task Orders: $ 34,213.00
Agreement Date: This Task Order: $ 122,745.00
Agreement Expiration Date: On Call Agreement Balance: $ 343,042.00 DIR Registration Number: City Council Approval Date: 6/23/2020 DIR Expiration Date: City Business License Number: 22-38151 CI Project or O & M Account No.

CI Project Name:

SCOPE OF WORK FOR THIS TASK ORDER:

NOT-TO-EXCEED FEE AMOUNT FOR THIS TASK ORDER: $ 122,745.00 TIME FOR COMPLETION OF ALL SERVICES UNDER THIS TASK ORDER:

Recommended By: Date:

Approved By: Date:

Approved By: Date:

Approved By: Date:

City of Thousand Oaks
Approved As To Form: Date:

City of Thousand Oaks
Accepted By: Date:

Rincon Consultants, Inc.

Approved By: Date:

Attested By: Date:

Completion by: April 30, 2023
*If the term of the Master On-Call Agreement from which this Task Order was issued expires prior to the completion of this work, the terms and c
onditions of the Agreement, including all rights and obligations, shall remain in effect and bind the parties until the work is completed.

City of Thousand Oaks
Clifford G. Finley, Public Works Director
City of Thousand Oaks
Nader Heydari, Deputy Director/City Engineer
Cynthia M. Rodriguez, City Clerk
6/30/2022
Rincon Consultants, Inc.
1000008203
City of Thousand Oaks
12438-2020
6/27/2017
6/30/2023
Conejo Canyons Bridge at Hill Canyon Treatment Plant
CI 5527; 001-4410-671-8300
City of Thousand Oaks
Steven J. Hongola, VP / Nat. Resources Principal
Andrew P. Powers, City Manager
Bob Engler, Mayor
City of Thousand Oaks
Shamir Shahamiri, Engineering Division Manager

ON CALL AGREEMENT

TASK ORDER
Biological, arboreal, and archeological monitoring during construction as set forth in the attached Scope of Work, Exhibit A.

Tracy Friedl, Assistant City Attorney

ON CALL AGREEMENT
DPW: XXX-XX/XX/Non-Council/Task Orders/Consultant or Contractor/TO #_.xls Rev. 4/12/22DPW: 850-20\etm\Council\2022\070522/CI 5527 Conejo Canyons Bridge at HCTP Item No.10B

Exhibit A
Rincon - Task Order #5

SCOPE OF WORK
Conejo Canyons Bridge at Hill Canyon Treatment Plant (CI 5527)

Consultant shall provide the following services:

Task A - Project Management
Subtask A.1 - Initial Kickoff Meeting
This task includes the attendance of one virtual kickoff meeting with the Consultant project staff. The kickoff meeting shall include project team introductions, review of project information and documents, project schedule and milestones, and methods of communication. Consultant shall present project approach and schedule.

Subtask A.2 - Work Plan
Consultant shall prepare and submit project approach and schedule, presented as a project Work Plan. This Plan shall include a summary of organization responsibilities and contacts, schedule, and budget. A list of tasks, associated deliverables, schedule, and milestones that shall include dates of document submittals, site visits, and meetings shall be clearly outlined. This Work Plan shall be finalized following the receipt of a project start date and timeline of activities to be completed through the duration of the project. Changes in project schedule may result in necessary Work Plan edits, which shall be discussed during Project Progress Meetings (Subtask A.3).

As part of this Work Plan, Consultant shall develop a site-specific HASP to identify potential site hazards, methods for implementing hazard mitigation strategies, describe emergency procedures, and define persons in charge. The HASP shall provide forms in which all on-site Consultant staff shall use to document tailgate meetings and complete a daily JHA to identify additional potential hazards for the field work.

Subtask A.3 - Progress Meetings
Consultant shall attend three virtual progress meetings. Meetings are estimated to be two hours in duration, and shall discuss work progress, project challenges and/or issues, schedule updates/revisions, proposed recommendations, and other project- specific information.

Item No.10B
Scope of Work
Contract 12438-2020 – Task Order 5

Subtask A.4 - Project Management
Consultant shall provide overall project management and coordination. Consultant shall be highly responsive in managing the project to meet the needs of COSCA, the City, and project contractors. This task includes internal project-related communications with the Consultant team, attention to the project schedule, and client coordination. In addition, this task includes all clerical work and production of all deliverables as well as management and consistent cost control of scheduling, staffing, logistics, and deliverables.

Task A Assumptions
• A total of three project progress meetings and one kickoff meeting are included in Task A.
• All meetings shall be virtual, and no site visits are included in this Task. • Any additional meetings requested from COSCA, City, or the project contractor, in which Consultant attendance is required, shall be billed on a time and materials basis, with prior authorization, as necessary. • Project schedule, key staff contacts, and any supporting information that may be needed for project meetings shall be provided to Consultant by COSCA/City, as necessary.

Task B - Document Review
Prior to the start of the project, Consultant shall review all project plans, permits and authorizations including the IS-MND and Mitigation Monitoring and Reporting Program (MMRP), CDFW Streambed Alteration Agreement (SAA), Ventura County Watershed Protection District Encroachment Permit, and the City of Thousand Oaks Planning Commission Project Approval Resolution, which includes the Development Permit, Protected Tree Permit, and Adoption of MND and MMRP. Following Consultant’s review, any additional project requirements that were not addressed in this Scope of Work shall be discussed with COSCA/City prior to the project kickoff meeting.

Biologist-Related Tasks (below)
The Designated Biologist and Biological Monitor are individuals experienced with construction-level biological monitoring and who are able to recognize species in the project area and who are familiar with the habits and behavior of those species. The Designated Biologist and Biological Monitor shall have academic and professional experience in biological sciences and related resource management activities as it pertains to this project, and have at least 3 years of experience conducting nesting bird surveys. The Designated Biologist and Biological Monitor shall be kno wledgeable and experienced in the biology and natural history of local fish and wildlife resources present at the project site. The Designated Biologist and Biological Monitor shall be CDFW Item No.10B
Scope of Work
Contract 12438-2020 – Task Order 5

approved and be familiar with the special status plant and wildli fe species that have potential to occur at the project site.

The Designated Biologist and Biological Monitor shall be responsible for ensuring that all construction activities associated with this project comply with all project site -related conditions in the project’s regulatory agency approval and CEQA documents and shall have authority to immediately stop any activity that is not in compliance with the Agreement, and/or to order any reasonable measure to avoid or minimize impacts to fish and wildlife resources.

Task C - Project Information and Training
The following subtasks shall be completed in compliance with the following conditions:

CDFW SAA (1.6, 1.11) and MND/MMRP (BIO-1).

Subtask C.1 - Pre-Project Meeting and WEAP Training
Consultant shall prepare and implement a Worker Environmental Awareness Program (WEAP) on-site training prior to construction to inform all project personnel of the environmental resource sensitivities as they relate to construction of the bridge. The training shall include the following: general information on Arroyo Conejo Creek, special status species information specific to species with a likelihood for occurrence (i.e., two- striped garter snake, western pond turtle, coastal whiptail, coast horned lizard, San Diego desert woodrat, bats, nesting birds, etc.), invasive species education that includes information about the invasive species currently present at the site and those with the potential to invade the site, overview of required resource protection measures, and reporting protocols including a clear identification of the chain-of-command related to environmental compliance and incident reporting. In addition, the training shall include a discussion of the environmental monitoring work that will be conducted throughout the project; the boundaries within which the project may be accomplished; the need for cooperation between the biological monitors and the contractor work crews; and an explanation of the work protocols and Best Management Practices (BMPs) that shall be implemented.

Subtask C.2 - Fact Sheet
As part of Task C.1, a fact sheet conveying this information shall be prepared for distribution to all contractors, their employees, and other personnel invol ved with construction of the project.

Subtask C.3 - Training Acknowledgment
All employees shall sign an acknowledgement form provided by the trainer documenting they have attended the WEAP and understand the information presented to them. The crew foreman shall be responsible for ensuring crew members adhere to the guidelines and restrictions designed to avoid impacts to special status species.

Item No.10B
Scope of Work
Contract 12438-2020 – Task Order 5

Task C Assumptions
• This task includes one on-site initial WEAP presentation completed by the Designated Biologists during an on-site pre-project meeting with project staff. • Copies of the WEAP handout shall be provided to the project contractor and COSCA/City during the project kickoff meeting.
• Project schedule shall be provided to Consultant.

Task D - Pre-Construction Surveys
The following subtasks shall be completed in compliance with the following conditions:

CDFW SAA (2.8), MND/MMRP (BIO-3, BIO-6).

Subtask D.1 - Pre-Construction Survey
The Designated Biologist shall perform a pre-construction survey prior to the start of initial ground-disturbing project activities. The survey shall document biological resources, including all observed plant and wildlife species, sensitive habitat areas, special status species, bird nests, and bat roosts within the project site and a 500-foot buffer. In the event a special status species is documented during the survey, COSCA/City shall be contacted immediately to discuss the results and recommended avoidance/minimization measures.

During this field visit, the Designated Biologist shall delineate sensitive habitats, including appropriate buffers around identified active bird nests, with flagging. The delineated environmentally sensitive areas shallalso be mapped on aerial imagery and provided to the construction contractor to clearly demarcate the avoidance areas. These areas shall be identified to construction personnel during the initial WEAP presentation and shall be discussed in the pre-construction survey report (Task D.2) and Sensitive Species Protection Plan (Task D.3), as necessary.

Prior to conducting the field visit, Consultant staff shall review our site-specific Health and Safety Plan (HASP) and complete a Job Hazard Analysis (JHA) form specific to the daily activities on-site.

Subtask D.2 - Survey Report
Consultant shall document the findings of the pre -construction survey in a letter report and submit to COSCA/City staff within 24 hours of the conclusi on of the survey. The 24- hour turnaround time will allow for COSCA/City to review and comment prior to submitting to the CDFW within their 48-hour submittal timeline. The report shall provide a summary of existing site conditions and biological resources o bserved, site photographs, figures depicting environmentally sensitive areas, and recommended buffer avoidance zones (if applicable).

Item No.10B
Scope of Work
Contract 12438-2020 – Task Order 5

Subtask D.3 - Sensitive Species Protection Plan
If sensitive species are identified during the pre-construction survey and work must be completed during sensitive periods critical to the species’ survival or reproduction, Consultant shall contact COSCA/City staff immediately following the survey to discuss the preparation of a Sensitive Species Protection Plan. This Plan shall provide information of the documented species and sensitive habitat areas where the species may occur in the project site (as retained from the field survey completed as part of Task D1), and project avoidance and minimization measures to ensure protection of the species and its associated habitat. The Designated Biologists shall ensure implementation of this Plan during all project activities.

Subtask D.4 - Bat Roosts Survey
A daytime visual inspection survey and a nighttime acoustical survey shall be completed to document the use of the site by bats. The daytime survey shall include an inspection of potential bat roosting areas, including maternity roosts, within the project site, plus a 500-foot buffer (per the project’s IS-MND), by a qualified biologist. The survey shall include mapping current locations of special-status species for avoidance, if any. The daytime visual survey shall inspect the area for signs of bats (i.e., guano, staining) in all vegetation, including hollowed trees, under-bark crevices and snags, and rock outcrops.

To be cost-effective, this daytime survey shall be incorporated into the pre-construction survey (Task D.1).

The nighttime acoustical survey shall begin two hours prior to sunset and continue past dusk to observe bats emerge from their roost sites for nighttime foraging. A Petterssen D240x acoustical detector shall be installed within an area deemed to have the highest potential for utilization as a roost to record the inaudible ultrasonic calls of bats for up to five (5) hours after dusk. This detection system will allow for the identification of different species and their activities without handling individuals. Two qualified biologists shall install the detector, remove the detector, and download and analyze the data.

Results of the survey shall be documented in the Survey Report (Task D.2). Based on the results of the survey, bat protection, avoidance, and minimization measures that enable bats to escape prior to any planned project activities, may be included in the Survey Report (Task D.2) and/or the Sensitive Species Protection Plan (Task D.3), as necessary.

Prior to conducting the field visit, Consultant shall review the site-specific Health and Safety Plan (HASP) and complete a Job Hazard Analysis (JHA) form specific to the daily activities on-site.

Item No.10B
Scope of Work
Contract 12438-2020 – Task Order 5

Subtask D.5 - Demarcation of Sensitive Areas
This task is included as part of Task D1, D2, and D3, as sensitive areas will be identified and delineated (with the contractor) during the pre -activity survey and discussed in the survey report and the sensitive species protection plan, as necessary.

Task D Assumptions
• One pre-construction survey, including the daytime visual bat survey, and survey report shall be completed by the Designated Biologist.
• Prior to the field survey, Consultant’s GIS team shall prepare digital field maps for data collection where field staff shall use sub-meter accuracy GIS units and real-time documentation in the field, additional GIS time included in this task to prepare report figures.
• Site visits shall be scheduled with COSCA/City that align with the project schedule and coordinated with COSCA/City in advance.
• All deliverables shall be provided in electronic (PDF) format; no hard copies shall be provided; and all reporting incudes one round of client review and a final report.
• All prepared documents shall be provided to COSCA/City only and Consultant shall not contact regulatory agencies.
• The daytime visual bat roost survey shall be completed by the Designated Biologist during the pre-construction survey.
• Only one nighttime acoustic survey shall be completed, using an acoustical recording device, by two qualified biologists.
• Should a maternity roost be identified within the project footprint, further investigation and additional acoustic surveys may be necessary to determine the species and current use of the project area. This work, if necessary, would be provided under an amended contract.
• All work shall be carried out with adherence to COVID-19 State and local orders, which may affect staff availability and execution of these tasks. • Prior to any site visits, the Consultant’s site-specific HASP shalll be reviewed and a daily JHA shall be completed.
• During the site visit, all staff shall utilize any appropriate PPE. • All project permits, previous reporting, recent mapping, project schedules, or other necessary information, shall be provided from COSCA/City to Consultant, as necessary, to support this task.

Item No.10B
Scope of Work
Contract 12438-2020 – Task Order 5

Task E - Focused Site Monitoring
The subtasks below shall be completed in compliance with the following conditions:

CDFW SAA (2.1, 2.7, 2.17, 2.19, 2.34, 2.38, 1.12), MND/MMRP (BIO-3, BIO-7, BIO-9, BIO-10).

Subtask E.1 - Monitoring During Ground and Vegetation Disturbing Activities Consultant’s Biological Monitor shall be available to monitor ground and vegetation disturbing activities, as scheduled. Specifically, the Biological Monitor shall be on site immediately prior to and during all ground and vegetation disturbing activities to monitor for non-listed special status and/or common ground-dwelling vertebrates in the path of project-related activities for approximately 10 monitoring days. In the event wildlife are observed in the project work area during monitoring, and may be injured or killed by project activities, the Biological Monitor shall move the animal out of harm’s way onto adjacent and suitable species-specific habitat in the vicinity. The Biological Monitor shall implement the following: (1) utilize a shovel, rake, or similar hand tool to gently re-direct the animal out of the work area; (2) direct project construction staff in the installation of silt fencing or other exclusionary fencing to prevent species from re-entering the work area; and/or (3) capture/relocate the animal to appropriate habitat outside the disturbance area. Any exclusionary devices shall be checked by the Biological Monitor daily to check/ensure continued exclusionary device effectiveness. Non-native aquatic species encountered and positively identified by the Biological Monitor shall be removed from the area and disposed of properly and humanely. The Biological Monitor shall ensure proper equipment is used for wildlife relocations and follow proper equipment decontamination procedures, including inspecting all vehicles, heavy equipment, tools, waders and boots, and other project-related equipment and remove all visible soil/mud, plant materials, and animal remnants prior to entering and exiting the project site and/or between each use in different waterbodies.

Subtask E.2 - Post-Storm Inspections
After any storm event, the Biological Monitor shall inspect all sites scheduled to begin or continue construction within the next 72 hours. If corrective action for erosion and sedimentation is needed, the Biological Monitor shall contact COSCA/City and coordinate with the contractor to implement such measures. A total of 3 site inspections are anticipated and included in this scope of work.

Subtask E.3 - Monitoring of Dewatered Areas
Should groundwater be encountered during project activities and need to be evacuated, the Biological Monitor shall check daily for stranded aquatic life in the adjacent stream channel as the water level in the dewatering area drops. All reasonable efforts shall be made to capture and move all stranded aquatic life observed in the dewatered areas.

Captured aquatic life shall be released immediately in the closest body of water Item No.10B
Scope of Work
Contract 12438-2020 – Task Order 5

adjacent to the work site. It is assumed that up to a total of 14 days may be necessary to monitor dewatered areas.

Subtask E.4 - Monitoring Logs
As part of each monitoring visit, as outlined in Task E.1, E.2, and E.3, the Biological Monitor shall keep daily monitoring logs and submit to COSCA/City on a weekly basis.

Task E Assumptions
• A total of 10 monitoring visits (4 hours each visit) have been included in the cost for Task E.1 to monitor initial ground and vegetation disturbance activities. • A total of 3 post-storm inspections (4 hours each visit) and an addition 3 hours for COSCA, City, and contractor communication have been included in this scope of work for Task E.2.
• A total of 14 monitoring visits (4 hours each) have been included in the cost for Task E.3 to monitor dewatered areas.
• Monitoring logs shall be completed for each site visit and submitted to COSCA/City on a weekly basis.
• In the event installation of silt fencing or other exclusionary fencing will be necessary to prevent species from re-entering the work area, project construction staff shall be responsible for providing the silt fence material and the Consultant’s Designated Biologist shall instruct construction staff on installation methods and locations.
• Additional monitoring visits shall be billed on a time and materials basis, as needed.
• Time for Consultant’s GIS team has been included in this task to prepare any necessary graphics.
• Site visits shall be scheduled with COSCA/City that align with the project schedule and coordinated with COSCA/City in advance.
• All work shall be carried out with adherence to COVID-19 State and local orders, which may affect staff availability and execution of these tasks. • Prior to any site visits, the Consultant’s site-specific HASP shall be reviewed and a daily JHA shall be completed.
• During the site visit, all staff shall utilize any appropriate PPE. • All project permits, recent mapping, project schedules, or other necessary information, shall be provided from COSCA/City to Consultant, as necessary, to support this task.

Item No.10B
Scope of Work
Contract 12438-2020 – Task Order 5

Task F General Site Monitoring
The following subtasks shall be completed in compliance with the following conditions:

CDFW SAA (2.1, 2.7, 2.17, 2.19, 2.34, 2.38, 1.12), MND/MMRP (BIO-3, BIO-7, BIO-9, BIO-10).

Subtask F.1 - Daily Monitoring
Consultant shall conduct biological, water quality, and environmental compliance monitoring services while construction activities occur in the project area. Site monitoring shall include full day monitoring, if necessary, however, half-day spot checks shall be completed based on the construction activities planned per day and when activities are not expected to impact biological resources. Duties shall include biological monitoring to advise the COSCA/City how to avoid and minimize impacts to waters and biological resources to the maximum extent possible and to document that the contractor is complying with project permits and any other project-specific avoidance/minimization measures. Site monitoring shall also include visually checking sections of pipe/construction materials for the presence of wildlife sheltering within them and confirming that wildlife has exited prior to utilization.

If appropriate and feasible, the Biological Monitor, under the direction of the Designated Biologist, shall direct project construction staff to erect exclusionary devices to prevent the migration into or the return of species into the work areas and/or construction materials. Any installed exclusionary devices shall be checked by Biological Monitor on a daily basis to ensure the effectiveness of the device.

The Biological Monitor shall be present at all times when the contractor is pouring or working with wet concrete to inspect the containment structures and ensure that no concrete or other debris enters into the channel outside of those structures.

The Biological Monitor shall observe project activities from a distance that avoids impacting operations while allowing a sufficiently clear view to ensure compliance with applicable restrictions, measures, and protocols. The Biological Monitor shall immediately stop construction work and contact COSCA/City on next steps in the event that any previously unidentified special-status biological resources are identified in the project work area.

Subtask F.2 - Monitoring Logs
As part of each monitoring visit, as outlined in Task F.1, the Designated Biologist and/or Biological Monitor on-site shall keep daily monitoring logs and submit to COSCA/City on a weekly basis.

Item No.10B
Scope of Work
Contract 12438-2020 – Task Order 5

Task F Assumptions
• Assumes 90 days of daily monitoring visits by the Biological Monitor, 4 hours per visit (full 8-hour monitoring days shall be completed on an as needed basis, depending on planned construction activities on any given day). • Assumes 5 monitoring visits (4 hours per visit) and an additional 8 hours for coordinating project schedule by the Designated Biologist, as needed. • Monitoring logs shall be completed for each site visit and submitted to COSCA/City weekly.
• In the event exclusionary devices are necessary for installation to prevent wildlife from entering the work area, project construction staff shall provide and install the appropriate devices per guidance of the Designated Biologist. • Additional monitoring visits shall be billed on a time and materials basis, as needed.
• Time for Consultant’s GIS team has been included in this task to prepare any necessary graphics.
• Access to the site shall be allowed by Consultant’s staff prior to scheduled site visits.
• Site visits shall be scheduled with COSCA/City that align with the project schedule and coordinated with COSCA/City in advance.
• All work shall be carried out with adherence to COVID-19 State and local orders, which may affect staff availability and execution of these tasks. • Prior to any site visits, the Consultant’s site-specific HASP shall be reviewed and a daily JHA shall be completed.
• During the site visit, all staff shall utilize any appropriate PPE. • All project permits, recent mapping, project schedules, or other necessary information, shall be provided from COSCA/City to Consultant, as necessary, to support this task.

Task G - Notification Requirements
The following task shall be completed in compliance with the following conditions:

CDFW SAA (1.7.1, 1.7.2, 2.5, 2.6, 2.39).

The Designated Biologist shall immediately notify COSCA/City in writing of any of the follow occurs:
• If monitoring reveals that any of the protective measures were not implemented, or if it is anticipated that measures will not be implemented; • If any of the protective measures are not providing the level of protection that is appropriate for the impact that is occurring, the Designated Biologist shall then submit recommendations for alternative protective measures; • If protected species or state-listed rare plant species are observed in the area; Item No.10B
Scope of Work
Contract 12438-2020 – Task Order 5

• If an invasive species not previously known to occur within the project site is discovered during project activities. The Designated Biologist shall then submit a completed Suspect Invasive Species Report to COSCA/City; and/or • If any Protected Species are observed in project surveys. The Designated Biologist shall then submit a California Native Species Field Survey Form and survey map to the California Natural Diversity Database (CNDDB) within 5 working days of the sightings.

Task G Assumptions
• Consultant shall communicate with COSCA/City and COSCA/City shall be responsible for communications directly with CDFW.
• California Native Species Field Survey Form(s) and Suspect Invasive Species Report(s) shall be submitted to CDFW by Consultant, within 5 working days from the sightings, as necessary.
• Time for Consultant’s GIS team has been included in this task to prepare any necessary graphics.
• All project permits shall be provided from COSCA/City to Consultant, as necessary, to support this task.

Arborist-Related Tasks (below)
Task H Tree Protection and Pruning Supervision
This task shall be completed in compliance with the following conditions: CDFW SAA (2.15), MND/MMRP (BIO-10).

Consultant’s ISA-Certified Arborist shall coordinate with the construction contractor regarding the protection of trees that will not be removed and to ensure that the project complies with the requirements of the City’s Oak Tree Preservation and Protection Guidelines (Res. 2010-14) and Landmark Tree Ordinance (No. 1217-NS).

It is anticipated that a small number of trees adjacent to the project footprint may need a limited amount of pruning or trimming. Any necessary pruning or trimming shall be supervised by the ISA-Certified Arborist and shall be conducted in accordance with current ANSI A300 Standards.

Prior to any site visits, Consultant’s staff shall utilize all appropriate PPE, review the site-specific HASP, and complete a daily JHA to identify potential hazards.

Task H Assumptions
• This task includes up to three monitoring days (6 hours a day) for an ISA- Certified Arborist, to be utilized as needed.
• Project schedule shall be provided from COSCA/City to Consultant, as it is updated.

Item No.10B
Scope of Work
Contract 12438-2020 – Task Order 5

• Prior to any site visits, the Consultant’s site-specific HASP shall be reviewed and a daily JHA shall be completed.
• During the site visit, all staff shall utilize any appropriate PPE.

Archaeologist-Related Tasks (below)
Task I - Pre-Construction Training

Subtask I.1 - Cultural Resources Sensitivity Training
Prior to earthmoving activities, a qualified archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards for Archeology (2008) shall conduct cultural resources sensitivity training for construction personnel performing ground disturbing activities such as rough grading and trenching. The training shall outline the procedures to be followed in the event of a find, the duties of the archaeologist and reporting procedures in the event of a find, as specified in MND/MMRP CR-2.

Construction personnel shall be informed of the types of cultural resources that may be encountered and of the proper procedures to be enacted in the event of an inadvertent discovery of archaeological resources or human remains. Construction personnel completing the ground disturbing activities shall attend the training. For the purposes of this scope of work, Consultant assumes that no resources will be encountered and that the on-call archaeologist will not be required to conduct any site visits. Should resources be encountered by the construction crew, a scope and budget augmentation shall be requested to complete any such visits and follow-on tasks (e.g., site recording, site treatment).

Subtask I.2 - Training Acknowledgement Form
Consultant shall provide a Training Acknowledgement Form to distribute to all construction personnel who will be performing rough grading and trenching to document their attendance of the training and their understanding of the information presented.

The signed form shall be provided to COSCA/City following completion of the training in accordance with MM CR-2.

Task I Assumptions
• No meetings with the City of Thousand Oaks or other regulatory agencies are anticipated and as such are not included in this scope of work. • Any documentation previously acquired for this project shall be provided from COSCA/City to Consultant, as necessary.
• Consultant is only responsible for the submission of the Cultural Resources Sensitivity Training: Sign-In-Sheet to the overall Project Manager, as specified in RFP: Subtask I-1.

Item No.10B
Scope of Work
Contract 12438-2020 – Task Order 5

• No unknown historic properties or archaeological (prehistoric or historic) resources will be encountered or recorded during project implementation. • All work shall be carried out with adherence to COVID-19 State and local orders, which may affect staff availability and execution of these tasks. • All deliverables shall be provided in electronic (PDF) format; no hard copies will be provided; and all reporting incudes one round of client review and a final report.
• This task includes one site visit by a qualified archeologist, completion of necessary forms, and communications between COSCA/City.

Item No.10B
TO:Andrew P. Powers, City Manager
FROM:Kelvin Parker, Community Development Director
DATE:July 5, 2022
SUBJECT: General Plan Amendment Initiation (LU 2022-70587) RECOMMENDATION:

Receive request and provide direction. Options include:

1. Adopt resolution to initiate a General Plan Amendment (GPA) to change the Land Use Element category designations from Very Low Density Residential to Commercial for a 4.75-acre site located at 400 East Rolling Oaks Drive and from Institutional to Low Density Residential for a 2.145-acre site located at 355 West Janss Road; and authorize concurrent processing of legislative actions and project entitlements for a proposed project located at 400 East Rolling Oaks Drive; or

2. Deny the initiation of the General Plan Amendment for both locations.

FINANCIAL IMPACT:

No Additional Funding Requested. Minimal staff time required to prepare the report was included in the Adopted FY 2021-22 General Fund Budget. In addition, costs attributed to staff time are offset by the required application fee.

BACKGROUND:

Project History
Hospital Corporation of America (Applicant) submitted a request for a pre- application review on October 22, 2021, for a preliminary assessment of a proposed medical facility at 400 East Rolling Oaks Drive, previously the site of The Young Set Club.

Item No.10C
General Plan Amendment Initiation (LU 2022-70587)
July 5, 2022

3 1
1 During the review process for this concept, staff determined that the subject property‘s current zoning, R-E-1AC (Rural Exclusive, maximum one dwelling unit to the acre), would not permit the proposed medical facility use. Pursuant to Thousand Oaks Municipal Code (TOMC) Section 9-4.2105 (Permitted Use Matrix), this type of medical facility is only allowed in Commercial zones with a Development Permit or in the Institutional (P-L) zone with a Special Use Permit.

As such, the applicant is required to request a zone change as part of their formal application.

In addition, the subject property is currently designated as “Very Low Density Residential” which allows a maximum residential development potential of 2 dwelling units per acre. Rezoning the property to a commercial or institutional zone is not permissible unless the underlying General Plan Land Use Element category designation is also “Commercial” or “Institutional.”
Nearby properties with similar uses are zoned both Commercial Office (C-O) and P-L and, as seen in Figure 1 - there are also several properties in the immediate area designated with the Commercial Land Use Element category. Therefore, staff recommends the subject property be re-designated as “Commercial.” Figure 1 – General Plan Land Use Element
(Vicinity of Project Property)
City of Thousand Oaks GIS
Project Property
(400 E Rolling Oaks)
County “Island” (Very Low
Density Residential)
Multifamily
Residential
Low Density
Residential
Commercial
Parks, Golf Courses,
Open Space Institutional
Item No.10C
General Plan Amendment Initiation (LU 2022-70587)
July 5, 2022

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1 Furthermore, due to recent changes in state law, specifically the Housing Crisis Act (described below), changing a property’s Land Use Element category from a residential type (which prescribes a certain amount of residential development potential) to a non-residential type (one not allowing residential development) must be accompanied by concurrent changes restoring that residential development potential elsewhere in the jurisdiction, ensuring no net loss in total residential development capacity.

For the proposed Land Use Element category designation change at the project site from a residential type to a non-commercial type to be legally viable, the applicant is also requesting to change the Land Use Element category designation of a parcel at 355 West Janss Road, located at the northeast corner of the intersection of Janss and Lynn Roads, from Institutional to Low Density Residential (see Figure 2). More detail and calculations regarding the residential development potential being transferred from one site to the other are provided in the Discussion section below.

Figure 2 – General Plan Land Use Element
(Vicinity of “Receiving” Property)
City of Thousand Oaks GIS
Low Density
Residential
Very Low Density Residential
Institutional
Commercial
Parks, Golf Courses,
Open Space
Receiving
Property
Item No.10C
General Plan Amendment Initiation (LU 2022-70587)
July 5, 2022

3 1
1 Project Setting
400 East Rolling Oaks Drive (APNs: 681-0-180-275 and 681-0180-265) The subject property has been previously disturbed and is vacant after the daycare facility was demolished in 2019. Surface parking lots and landscaping improvements are still present on the property. The approximately 4.75-acre site includes two parcels which are owned by the same party, however, a parcel map waiver would be requested to legally merge the lots together. A vicinity map, location map, and aerial photograph of the site are included in Attachments #1, #2, and #3, respectively. The property lies within the southern portion of the City and is south of U.S. 101. The site is bounded by Rolling Oaks Drive and medical uses to the north, Los Padres Drive and multi-family residential to the west, designated open space to the south, and residential uses within an unincorporated county “island” to the east.
355 West Janss Road (APN: 522-0-270-135)
The subject property is a parcel located at the northeast corner of the intersection of Janss and Lynn Roads, and is part of the larger Los Robles Regional Medical Center located at the intersection of Janss and Lynn Roads. The site has been previously disturbed and is developed with a surface parking lot used by patrons of the medical facilities in the area. The site is approximately 2.145 acres and is bounded by medical uses to the north and east, Lynn Road and open space to the west, and Janss Road and residential uses to the south.

Proposed Concept
The proposed concept involves demolition of the remaining development to accommodate the construction of a new 58,000 sf, 40-foot-tall, two-story (split level) outpatient medical treatment facility with healing garden and surface parking at 400 East Rolling Oaks Drive. The concept plans are included as Attachment #4.

Primary access is suggested from Rolling Oaks Drive with secondary access off Los Padres Drive. Parking would be provided on-site, including a drop-off area for patients. If the request to initiate the Land Use Element category designation changes are approved, parking supply and demand will be vetted and prescribed through the formal review process. Impacts to protected trees are anticipated and would be studied through the regular application process. Lighting, fuel modification, and landscape plans would also be required to assess impacts to surrounding areas.

There is no development concept or project proposed for the property at 355 West Janss Road at this time. The Land Use Element category designation changes and eventual zoning change are being requested to satisfy the requirements of the Housing Crisis Act. Should a development project be proposed in the future, all required applications and entitlements will be evaluated per state and local Item No.10C
General Plan Amendment Initiation (LU 2022-70587)
July 5, 2022

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1 regulations, guidelines, and standards at that time of application, including impacts to existing uses and their reliance on the existing parking spaces provided on that property.

Regulatory Framework
Housing Crisis Act
On October 9, 2019, Governor Gavin Newsom signed the Housing Crisis Act of 2019 (HCA) into law, commonly known as Senate Bill (SB) 330 (Chapter 654, Statutes of 2019) to respond to the California housing crisis. On September 16, 2021, Governor Newsom signed SB 8 (Chapter 161, Statutes of 2021), which extended the sunset date of the HCA. The HCA establishes a statewide housing emergency to be in effect until January 1, 2030 1 and aims to increase residential unit development, protect existing housing inventory, and expedite permit processing. This act also makes a number of modifications to existing legislation, such as the Permit Streamlining Act and the Housing Accountability Act.

For areas where housing is an allowable use, the HCA prohibits the legislative body or voters of the city from amending a General Plan or zoning ordinance resulting in a less intensive use than what was allowed on January 1, 2018. Per Section 66300(b)(1)(A)(ii) “reducing the intensity of land use” includes, but is not limited to, reductions to height, density, or floor area ratio, new or increased open space or lot size requirements, new or increased setback requirements, minimum frontage requirements, or maximum lot coverage limitations, or any other action that would individually or cumulatively reduce the site’s residential development capacity. This limitation would not apply if the city or county concurrently changes the development standards, policies, and conditions applicable to other parcels within the jurisdiction to ensure no net loss in residential capacity. Per Section 66300(i)(2)(A) “concurrent” means the action is approved at the same meeting of the legislative body and (C) the action is included in the initiative in a manner that ensures added capacity is effective at the same time as the reduction in residential capacity.

Measure E
Measure E, a ballot initiative enacted in 1996, states that any Land Use Element change that cumulatively causes the General Plan residential capacity or commercial use acreage to exceed the citywide residential unit or commercial acreage capacities in effect on November 5, 1996, requires ratification by a vote of the people. If sufficient commercial acreage capacity is available when a property’s Land Use Element category is changed to allow commercial uses, no 1 Senate Bill (SB) 8 (Skinner) extended SB 330’s sunset date from 2025 to 2030 and clarified the definition of “concurrently”.

Item No.10C
General Plan Amendment Initiation (LU 2022-70587)
July 5, 2022

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1 action is necessary to approve or allocate that acreage.

General Plan Amendment
The Municipal Code requires that City Council initiate General Plan amendments prior to processing the formal application. This allows screening of Land Use Element amendment requests to determine whether they warrant further consideration. If City Council initiates the request, the applicant will be allowed to submit a formal entitlement application for evaluation of the proposed medical use.

The decision to approve or deny the future project will ultimately be made by City Council. Prior to returning to City Council for final action, the concept will be subject to formal entitlement application review, consideration of compliance with the California Environmental Quality Act (CEQA), and public hearings before the Planning Commission and City Council. If City Council decides not to initiate the GPA, then the matter will receive no further consideration.

Concurrent Processing
TOMC Sec. 9-4.2802(d) allows City Council to authorize concurrent processing of entitlement applications in conjunction with legislative actions to provide a comprehensive review of a development proposal. In this case, legislative actions include the change in General Plan Land Use Element category designations for both locations. Processing of legislative actions and entitlements together enables the concept to be evaluated comprehensively, rather than sequentially. If such processing is not granted, then the applicant would need to process the legislative matters first, followed by the project entitlements. Only City Council can approve concurrent processing when legislative actions are required.

DISCUSSION/ANALYSIS:

Regulatory Compliance
The applicant has filed an application to initiate an amendment to the General Plan Land Use Element, which will change the designation of two separate locations to allow construction of a new medical facility.

As illustrated in Table 1, the concept proposes a change in the General Plan Land Use Element category designation from Very Low Density Residential to Commercial for a 4.75-acre site located at 400 East Rolling Oaks Drive, as well as from Commercial to Low Density Residential for the 2.145-acre site located at 355 West Janss Road.

The first change, at 400 East Rolling Oaks Drive, is necessary to accommodate the contemplated medical facility. This designation has a maximum density of two (2) dwelling units per acre. Therefore, the residential capacity of that property is currently 9 units (2 units x 7.75 acres = 9 units, rounded down). This is described Item No.10C
General Plan Amendment Initiation (LU 2022-70587)
July 5, 2022

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1 as the “sending” or project property.

The second change at 355 West Janss Road is required by the state law described above to offset the loss of the potential residential capacity currently available at 400 East Rolling Oaks Drive. That property, described as the “receiving property,” is currently designated as Institutional and is proposed to be re-designated as Low Density Residential, which has a maximum density of 4.5 dwelling units per acre.

Therefore, if changed, the receiving property would have a new residential capacity of 9 units. (4.5 units x 2.145 acres = 9 units, rounded down)1.

Table 1 – Current and Proposed Changes
Name Address Area Current
Designation
Current
Residential
Capacity
Proposed
Designation
Proposed
Residential
Capacity
Sending/
Project
Property
400 East
Rolling
Oaks
Drive

4.75 Acres
Very Low
Density
Residential (0-
2 Units/Acre)
9 Units Commercial None
Receiving
Property
355
West
Janss
Road

2.145
Acres Institutional None
Low Density
Residential
(2-4.5
Units/Acre)
9 Units
Evaluation
Staff believes it is appropriate to initiate this General Plan amendment as requested for the following reasons:

1. The proposed Commercial Land Use Element category assignment at 400 East Rolling Oaks Drive is appropriate for the intended use. The medical use proposed in the conceptual project submitted as part of the request for this initiation does not include residential or overnight care and therefore would be considered a medical office and not a hospital use.

2. The stated purpose of the future proposed project is ultimately to expand needed medical services to better serve the community and patients of Los Robles Hospital and Medical Center. The project will provide additional medical care services, helping to fulfill a community need, as determined by the Los Robles Regional Medical Center.
1 In this case, the residential Measure E capacity is unaffected as the proposed amendment would neither increase nor decrease residential capacity. In addition, there is currently sufficient Measure E commercial capacity available to accommodate the request 4.75-acre addition, should the Land Use Element category designation change at 400 East Rolling Oaks Drive be approved.

Item No.10C
General Plan Amendment Initiation (LU 2022-70587)
July 5, 2022

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1 There is no new or future proposed use for the “receiving” property at 355 West Janss Road, and any concept which would seek to take advantage of the requested Low Density Residential Land Use Element category designation would be fully evaluated under all applicable regulations and guidelines at that time. If approvable under all such regulations and guidelines, residential uses are appropriate for that parcel given the existing open space and residential development surrounding the parcel on two sides.

3. Properties to the immediate north of the property at 400 East Rolling Oaks Drive are already designated as Commercial and properties to the immediate west of the parcel at the intersection of Janss and Lynn Roads are similarly designated as Low Density Residential. Therefore, the proposed uses would be compatible with current surrounding uses on adjacent properties at both locations.

Next Steps
Required Entitlements
The discretionary entitlement applications cannot be accepted for processing prior to the General Plan and zone change requests, because the proposed facility is inconsistent with the property’s current Very Low Density Residential category and R-E-1AC zone designations. In addition to the Land Use Element category changes, both the sending and the receiving properties would also need to be rezoned to match each new Land Use Element category assignments. It is preliminarily recommended that the sending property (400 East Rolling Oaks Drive) be changed from R-E-1AC to a C-O zone, and the receiving parcel would be changed from P-L (Public, Quasi-public and Institutional Lands and Facilities) to RPD-4.5U (Residential Planned Development, maximum 4.5 dwelling units to the acre). If City Council initiates the General Plan Amendment (Attachment #5), the applicant would then be able to file the zone change application.

The proposed medical facility project would require the following entitlements to be approved by the City Council, following recommendation by the Planning Commission:
Development Permit – to allow the construction and use of the facility Parcel Map Waiver – to merge APNs 681-0-180-275 and 681-0180-265 into one lot. (Currently a deed restriction ties the sale of the two lots.) Protected Tree Permit – if protected trees are proposed to be encroached upon.

In addition, the entire project, including all the Land Use Element category designation and zoning changes for both properties, and all work to be considered via the entitlements mentioned above, would be reviewed for compliance with CEQA.

Item No.10C
General Plan Amendment Initiation (LU 2022-70587)
July 5, 2022

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1 Process Requirements
Allocation of units and initiation of the GPA only authorizes the applicant to proceed with filing of a formal application based on an initial concept. These actions by City Council do not guarantee final approval of the project, nor would it imply that the concept submitted with the pre-application request will be brought back to City Council with the same design. In most cases, development concepts are modified as the project progresses through the City’s normal review process.

If City Council authorizes the GPA, the applicant will submit required formal applications for evaluation by all relevant agencies and departments followed by report and presentation to the Planning Commission at a public hearing. The Planning Commission’s role is to consider the project and make a recommendation to City Council, who would then hold a public hearing and take final action on the proposal.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goal:

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

PREPARED BY: Justine Kendall, Associate Planner
Attachments:

Attachment #1 – Vicinity Map
Attachment #2 – Location Map
Attachment #3 – Aerial Photo
Attachment #4 – Conceptual Site Plan dated June 21, 2022 Attachment #5 – Resolution for Initiation of GPA
cdd:660.21/Staff Report-City Council/pz (FILE ID: LU 2022-70587) Item No.10C
Camino Dos Rios
Wilbur Rd
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Janss Rd
Hillcrest Dr
Lynn Rd
Moorpark Rd
LU 2022-70587
Hospital Corporation of America
Vicinity Map
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LU 2022-70587
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Item No.10C
Item No.10C
cdd:420-15/Resolution-Council 01/pz [LU 2022-70587]

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RESOLUTION NO.

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 FOR THE LAND
LOCATED AT 400 EAST ROLLING OAKS DRIVE AND
WEST 355 WEST JANSS ROAD AND ALLOWING

CONCURRENT PROCESSING OF ENTITLEMENT

APPLICATIONS FOR CONTEMPLATED
DEVELOPMENT OF THE LAND LOCATED AT 400 EAST
ROLLING OAKS DRIVE (LU 2022-70587: HOSPITAL

CORPORATION OF AMERICA)
WHEREAS, on July 5, 2022, the Thousand Oaks City Council received a report from the Community Development Department regarding a request from the Hospital Corporation of America to amend the Land Use Element of the General Plan for properties located at 355 West Janss Road and 400 East Rolling Oaks Drive; and
WHEREAS, the proposal requires a change in Land Use Element category designation from Very Low Density Residential (0 – 2 units per acre) to Commercial at the property known as 400 East Rolling Oaks Drive (APNs: 681-0- 180-275 and 681-0180-265); and
WHEREAS, the Housing Crisis Act of 2019 requires a density transfer to another location in the city when a residential designation is converted to a non- residential designation to ensure that there is no net loss in residential capacity; and,
WHEREAS, the proposal also requires a change in Land Use Element category designation from Institutional to Low Density Residential (2 – 4.5 units per acre) at the property at 355 West Janss Road (APN: 522-0-270-135); and WHEREAS, the changes in land use designations requires a General Plan Amendment; and
WHEREAS, the applicant has requested that City Council allow concurrent processing of entitlement applications along with the proposed General Plan Amendment and other legislative actions.

ATTACHMENT #5
Item No.10C
cdd:420-15/Resolution-Council 01/pz [LU 2022-70587]

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

The City Council of the City of Thousand Oaks hereby approves LU 2022- 70587, and allow concurrent processing of entitlement applications and a General Plan Amendment, based on the findings set forth below:

1. It is the intention of the City Council to consider changing the General Plan Land Use Element designation from “Very Low Density Residential” to “Commercial” at the property known as 400 East Rolling Oaks Drive (APNs:
681-0-180-275 and 681-0180-265) and from “Institutional” to “Low Density Residential”, or such other residential designation(s) deemed desirable, at the property at 355 West Janss Road (APN: 522-0-270-135).

2. The amendment is consistent with Measure E (Municipal Code Sec. 9-2.203 and Sec. 9-2.204) because it will not increase the Citywide residential or commercial capacity above that which existed on November 5, 1996, when Measure E was adopted.

3. The applicant may file any necessary entitlement applications to be processed concurrently with the requested General Plan amendment.

4. This matter is hereby referred to staff for processing and to the Planning Commission for public hearing and recommendation back to City Council pursuant to Sections 65353 and 65354 of the California Government Code.

PASSED AND ADOPTED this 5th day of July, 2022, by the following vote:

Ayes:

Noes:

Absent:

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

Cynthia M. Rodriguez, City Clerk
Date Attested: ___________________
Item No.10C
cdd:420-15/Resolution-Council 01/pz [LU 2022-70587]

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8 2
APPROVED AS TO FORM:

Office of the City Attorney
__
Patrick J. Hehir, Chief Assistant City Attorney
APPROVED AS TO ADMINISTRATION:

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

Item No.10C
TO:Andrew P. Powers, City Manager
FROM:Tim Giles, Human Resources Director
DATE:July 5, 2022
SUBJECT: Benefits and Compensation for Executive Managers RECOMMENDATION:

Adopt resolution amending the schedule of positions in the Executive Managers’ benefits and compensation resolution.

FINANCIAL IMPACT:
$28,000 Increase to Adopted FY 2022-23 General Fund Budget. $28,000 increase to Adopted FY 2022-23 General Fund Budget is necessary to cover the cost of the addition of new Executive Manager title. All other adjustments are included in the Adopted FY 2022-23 Operating Budget (all funds).

BACKGROUND:

On June 22, 2021, the City Council approved Resolution No. 2021-38, the Comprehensive Benefits and Compensation Resolution for Executive Manager for FY 2021-22 and FY 2022-23. Executive Managers are not covered by a collective bargaining agreement or contract. Benefits and compensation for Executive Managers are established by resolution. The revised Comprehensive Benefits and Compensation Resolution for Executive Managers is within the authority provided by the City Council for these unrepresented employees and is presented herein for adoption. The City desires to modify the Resolution for FY 2022-23 to provide flexibility for a new job title.

DISCUSSION/ANALYSIS:

A summary of the proposed adjustment to Executive Manager Benefits and Compensation Resolution is presented below.

Executive Manager Benefits and Compensation Resolution
Item No.10D
Benefits and Compensation for Executive Managers
July 5, 2022

The resolution contains the following revisions:

Benefits and Compensation: The adjustment to the resolution does not change the benefits and compensation provisions approved by the City Council on June 22, 2021.

2. Strategic Communications Director job title: The proposed addition authorizes the City Manager to enhance the organization’s operations and accomplish Council goals through the creation of the Office of Strategic Communications. Consistent with current City policy and Council budget authority, the decision to fill the position and assign responsibilities would rest with the City Manager.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

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

J. Implement high quality revitalization projects within Thousand Oaks Boulevard and Newbury Road Areas; Develop a pedestrian-oriented, viable, and self- sustaining "Downtown;” and, continue to support production of long-term affordable housing.

Attachments:

Attachment #1 – Resolution
HRD: 700-20:\H:\COMMON\StaffReports\2022\07052022 Exec Benefits and Comp Staff Report.docx Item No.10D
HRD:700-20\CH\ H:\COMMON\Resolutions\2021\EX 2021-2023 CompBenefit Reso.docx

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF THOUSAND OAKS ADOPTING COMPREHENSIVE

BENEFITS AND COMPENSATION FOR EXECUTIVE
MANAGERS AND RESCINDING RESOLUTION NO. 2021-
038
WHEREAS, it is the City of Thousand Oaks’ policy to provide certain benefits and compensation to Executive Managers,
WHEREAS, Resolution No. 2021-038 was previously adopted establishing Executive Management benefits and is to be superseded by this Resolution.

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

Section 1: City Council Resolution No. 2021-038 is hereby rescinded and shall be superseded by this resolution.

Section 2: City will provide Executive Managers benefits and compensation as set forth in Exhibit A and Exhibit B. Classifications covered: Adds new classification Strategic Communications Director, range 720.

PASSED AND ADOPTED this 5th day of July, 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 #1
Item No.10D
HRD:700-20\CH\ H:\COMMON\Resolutions\2021\EX 2021-2023 CompBenefit Reso.docx

APPROVED AS TO FORM:

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.10D
HRD:700-20\CH\ H:\COMMON\Resolutions\2021\EX 2021-2023 CompBenefit Reso.docx

EXHIBIT A
City of Thousand Oaks
Benefits and Compensation for
Executive Managers
Effective July 9, 2022
Item No.10D
HRD:700-20\CH\ H:\COMMON\Resolutions\2021\EX 2021-2023 CompBenefit Reso.docx

SECTION 1 - PURPOSE
The Benefits and Compensation Resolution sets forth the wages, hours, and other terms and conditions of employment for employees within the executive management classifications.

SECTION 2 – INTEGRATION
This document supersedes previous Resolution(s) covering Executive Managers.

SECTION 3 – CLASSIFICATIONS COVERED
Executive Management employee shall mean an unrepresented at-will management employee who is the head of a City Department, or a senior member of the City Manager’s Office. Employees covered by the terms of this Resolution shall be those employees in the classifications listed below:

Assistant City Manager
City Clerk
Community Development Director
Cultural Affairs Director
Deputy City Manager
Deputy City Manager/Department Head
Strategic Communications Director
Finance Director
Human Resources Director
Library Services Director
Public Works Director
SECTION 4 – SALARY
Salary Ranges:

The City Council shall adopt a salary range for classifications covered by this resolution. Classification range adjustments are based on total compensation market survey results and internal equity adjustments and do not result in automatic salary increases, as individual Executive employee adjustments are performance based.

Effective July 9, 2022, there shall be a 1.5 percent range adjustment for all Executive Management Classifications at the 100 percent comparatio midpoint.

No adjustments will result in employee salaries exceeding the 120 percent comparatio.

Item No.10D
HRD:700-20\CH\ H:\COMMON\Resolutions\2021\EX 2021-2023 CompBenefit Reso.docx

Salary on Employment:

Newly hired employees shall be compensated at the level that would be in the City’s best interest, as determined by the City Manager and the Human Resources Director.

Employees are eligible for consideration of a salary increase as follows:

An initial increase may be granted within the range after six months of service.

Thereafter, employees will participate in the annual Pay for Performance evaluation/compensation Program, including pro-ration if appropriate. In no case shall an adjustment result in an employee salary exceeding the 120 percent comparatio.

Pay for Performance:

The purpose of the Pay for Performance program is to establish and maintain a compensation program that is externally competitive and internally equitable and that rewards employees based on their performance.

Policy and Procedure:
Each year the City Council will establish goals for the ensuing fiscal year. The goals will be incorporated into and addressed in the annual work objectives established by the Council during budget deliberations. Departments accountable for the work objectives will be identified. The City Manager will establish performance objectives for Executive Managers.
Performance objectives include major responsibilities/results expected and measurement criteria and will be established collaboratively by the City Manager and each Executive Manager.
The City Manager and each Executive Manager will meet as necessary during the year to update the objectives and to discuss results achieved. No later than September first of each year, Executive Managers will be evaluated on their performance objectives for the previous fiscal year. Performance objectives for the current fiscal year will also be established by September 1st.

Salary and Merit Based Performance Adjustments:

Each employee will have a comparatio computed by dividing his /her current rate of pay by the new midpoint of the salary range. Each employee’s comparatio will fall within one of four sections of the salary range: 80 to 89.9; 90 to 99.9; 100 to 109.9; 110-120. The City Manager will consider the employee’s comparatio and performance when determining merit adjustments. Merit based performance adjustments effective July 9, 2022 shall range from a minimum of 0 percent to a Item No.10D
HRD:700-20\CH\ H:\COMMON\Resolutions\2021\EX 2021-2023 CompBenefit Reso.docx

maximum of 3.5 percent for exceptional performance. In addition to and concurrent with any merit-based adjustment, for those employees who receive a performance rating of at least “good work” there shall be a 1.0 percent salary adjustment effective July 9, 2022. Any exceptional merit adjustment that exceeds the guidelines above must be approved by the City Manager.

SECTION 5 – OUT OF CLASS ASSIGNMENT
When, in the determination of the City Manager, it is necessary to specifically assign to an employee in writing all of the significant duties of a higher classification the employee so assigned shall be compensated at the minimum rate established for the higher class or 5 percent above the employee’s regular base rate of pay, whichever is greater, with pay effective upon the date of the change of assignment.

Under no circumstances shall the employee receive an amount greater than the maximum step of the higher class. The mere performance of certain portions of the higher position or only performing the less difficult duties of the position, does not constitute working out-of-class. In no circumstance will the City appoint any employee to an out-of-class assignment/appointment for more than a total of 960 hours per fiscal year.

SECTION 6 - CELL PHONE STIPEND
Employees will be provided a City cell phone or may elect to receive a stipend as provided for in the City’s Administrative Policies and Procedures regarding cell phones, currently $75 per month.

SECTION 7 - PAY DAYS
Regular salaries and compensation shall be paid on a bi-weekly basis. All employees shall participate in direct deposit. The pay period is fourteen (14) calendar days. Payroll summaries shall normally be distributed on the following Friday. Paydays shall occur every other Friday.

SECTION 8 - HOLIDAY
The following days shall be recognized as holidays: New Year’s Day, Martin Luther King’s Birthday, President’s Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Day, and one Floating Holiday. This is equal to 110 hours of holiday pay each calendar year.

City shall have a holiday closure between December 26 and December 31.

Employees not specifically required to work shall use accrued leave during the closure.

Item No.10D
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If an employee utilizes less than one hundred ten hours of holiday pay, the difference between the holiday hours actually used and the holiday hours provided shall be credited to the employee’s holiday hours account. Holiday hours shall be used in the calendar year in which they are earned and shall have no cash value.

In the event an employee has not used all of their holiday hours by the end of the calendar year, employees will be able to carry over no more than 40 holiday hours into the following calendar year.

SECTION 9 - ANNUAL LEAVE
Policy: In lieu of vacation time or sick time, employees shall receive annual leave time. Some of the appropriate uses of this leave time include the following:

A. To provide recuperation time for an employee incapacitated due to illness, injury, or other medical disability,
B. To attend to the immediate health needs of family members, C. For attending medical or dental office appointments, D. To enable employees to conduct important personal business during normal working hours,
E. To provide time for periods of rest and relaxation.

Annual Leave Schedule:

A. Annual leave time will accrue on a bi-weekly basis for twenty-six (26) pay periods a year.

B. Each employee shall have annual leave time accrue for each pay period starting from the first day of appointment.

C. Accrual rates are based on years of service and are as follows:

Up to end of 3 years continuous service 190 hours
4 through 8 years continuous service 230 hours
9 through 13 years continuous service 254 hours
14 through 17 years continuous service 270 hours
18 through 22 years continuous service 290 hours
23 through 28 years continuous service 306 hours
29+ years continuous service 322 hours
Newly hired employees are to be credited with two weeks annual leave upon the date of hire. This is to compensate for the fact that annual leave includes both vacation and sick time and such a credit would allow new hires to start with a minimum of useable hours.

Paid annual leave shall continue to accrue in accordance with the schedule above during any authorized period of leave with pay. The maximum amount of annual leave that may be accrued shall not exceed nine hundred (900) hours.

The reporting of the use of annual leave shall be in increments of full work days, Item No.10D
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except that an employee shall be required to report an absence of less than a full day for regularly scheduled or recurring personal appointments.

The City Manager or his/her designee shall also have the discretion to place a newly hired employee at up to the third level of accruals, i.e., the newly hired employee would receive credit for 4 or 9 years of service, and immediately begin earning 230 or 254 hours of annual leave per year, respectively.

Annual Leave Cash-Out
Employees may elect to receive cash value of accrued annual leave hours for up to 200 hours provided the employee has taken or is scheduled to take at least 80 hours of annual leave or various other types of leave, excluding sick leave.

Payment on Separation:

Upon termination, an employee shall be compensated by check at his/her current rate of pay for any annual leave or miscellaneous leave accrued but not used.

SECTION 10 - MATERNITY LEAVE
Maternity leave shall be provided in accordance with state and federal law. The City will continue to maintain and pay the premiums for health insurance coverage for up to four months while the employee is out on maternity leave. The employee is responsible for paying the costs she had previously authorized towards premiums. If the employee does not return to work following maternity leave, the City may recover premiums it paid to maintain health insurance coverage unless:
The employee’s inability to return to work is due to the continuation, recurrence, or onset of a health condition that entitles the employee to pregnancy disability leave, unless the employee chooses not to return to work following the leave;
The employee has non-pregnancy related medical conditions requiring further leave, unless the employee chooses not to return to work following the leave; or
There are other circumstances beyond the control of the employee.

Upon the expiration of the Maternity Leave, the employee will be reinstated to her original or equivalent position, so long as it was not eliminated for a legitimate business reason during the leave.

SECTION 11 - ADMINISTRATIVE LEAVE
Forty (40) hours Administrative Leave shall be credited to each employee annually.

Administrative Leave shall be credited to an employee effective on the first pay period of July each year. Administrative Leave shall be pro-rated for newly Item No.10D
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appointed employees. Administrative Leave must be used in the fiscal year in which it is credited. Unused Administrative Leave shall not be carried over to the next fiscal year, or paid off at termination, or converted to compensation in any form. Administrative Leave is paid time off for any personal reason so long as such leave does not interfere with the mission of the City.

SECTION 12 - FAMILY LEAVE AND MEDICAL LEAVE- Please see applicable Administrative Policy No. 16.026
Employees who can demonstrate the need to take time off to care for a newborn, adopted child, or foster child, or to tend to the needs of a seriously ill child, spouse, or parent with a serious health condition, or an employee who is unable to work because of a serious health condition are eligible to request a leave without pay from their job subject to the following conditions. Employees who can demonstrate the need to take time off to care for a spouse, son, daughter, parent, or next of kin who is a covered service member of the United States Armed Forces who has a serious injury or illness incurred in the line of duty while on active military duty or aggravated by service in the line of duty on active duty (“military caregiver leave”) are also eligible to request a leave without pay from their job. Eligible employees with a spouse, son, daughter, or parent on covered active duty or call to active duty status in the Armed Forces, including the National Guard or Reserves, may also use their 12-week leave entitlement to address certain “qualifying exigencies.” Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, attending post-deployment reintegration briefings, and arranging for parental care.
“Eligible employee” is defined as an employee who has worked for the City for at least 12 months and for at least 1250 hours during the 12-month period before the leave.
For purposes of this policy, “child” includes a biological, adopted, or foster child, a step child, or a legal ward, a child of domestic partner or a child who is either under age 18, or an adult dependent child.
“Spouse” is defined in accordance with applicable state law, including common marriages and domestic partner where recognized by the State. “Parent” includes biological, foster, or adoptive parent, a step-parent, or legal guardian.
A “serious health condition” means an illness, injury impairment, or physical or mental condition which warrants the participation of a family member to provide care during a period of the treatment or supervision and involves either: 1) Inpatient care in a hospital, hospice, or residential health care facility; or 2) Continuing treatment or continuing supervision by a health care Item No.10D
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provider.

The length of leave shall not exceed 12 weeks in a rolling 12-month period, unless the employer and employee agree otherwise. The length of leave for military caregiver leave shall not exceed 26 weeks in a 12-month period.

An employee shall submit in writing his/her intent to take such leave.

If an employee’s need for family care leave is foreseeable, employees are required to provide reasonable advanced notice of the need for the leave and make a reasonable effort to schedule the treatment or supervision to avoid disruption to the operations of the City.

The City may require certification from the health care provider of the individual requiring care. Such certification shall include a statement that the condition warrants participation of a family member, and an estimate of the amount of time the employee needs to care for the individual. If an employee requests leave because of a qualifying exigency, the City may require the employee to provide a copy of the military member’s active duty orders or other documentation issued by the military.

Employees on unpaid family leave continue to be eligible for health plans and the same benefits as others on a personal leave without pay.

Insurance Coverage: The City shall continue to pay the premiums for employee health, dental, vision, life and disability insurance previously paid for by the City for the period covered under this Section. The employee is responsible for paying the costs he/she had previously authorized towards premiums. Any City payment of premiums and coverage beyond that time will be the responsibility of the employee.

Nothing herein in any way limits the rights of the City to increase, decrease, and change or delete any benefit of any group insurance plans it provides to its current employees. Employees who are on a leave without pay may or may not continue under any new or revised plan subject to the carrier’s or provider’s approval.

Benefits: Except to the extent provided herein, an employee on Family Leave shall receive no compensation and shall accumulate no annual leave, or other paid leave, except when in a paid status. Leave without pay in excess of 30 days will not accrue toward seniority; and any scheduled merit adjustment will be pro-rated accordingly.

Return from Leave: Employees who take Family Leave shall be entitled, on return from leave, to be restored to the position of employment held by the employee when the leave commenced or be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of Item No.10D
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employment.

SECTION 13 - INDUSTRIAL ACCIDENT LEAVE
Defined:

In the event that any employee is absent from work as a result of any injury or disease which is covered under the Workers’ Compensation Act, such absence shall be considered to be Industrial Accident Leave. Industrial Accident Leave benefits provided by this Section shall apply to each unrelated injury or disease as defined herein.

Compensation While on Industrial Leave:

Any employee on Industrial Accident Leave shall continue to be considered employed at regular base rate to the extent provided for in this Section. Pursuant to the City’s Workers’ Compensation insurance program, payments received by or to which the employee is entitled in accordance with the aforementioned Act shall be remitted to the Finance Department as a condition for the benefits due the employee under this Section.

Length of Leave:

Industrial Accident Leave shall begin the first day of such absence as defined above and shall continue for a total of not more than 173 hours. In the event that an employee who has returned to duty from Industrial Accident Leave is subsequently absent from work as a result of the same injury or disease, such absence shall be considered to be a part of the original Industrial Accident Leave.

Annual Leave:

No employee shall have Annual Leave deducted while on Industrial Accident Leave. Annual Leave shall continue to accrue for any employee on Industrial Accident Leave in accordance with the provisions of Section 10, Annual Leave.

SECTION 14 - BEREAVEMENT LEAVE
Any use of Bereavement Leave requires notification of the City Manager. An employee shall be entitled up to three (3) working days leave with pay whenever the death of an immediate family member occurs. Immediate family, for purposes of this Section, is defined to include the following: employee’s mother, father, brother, sister, spouse, children, grandmother, grandfather, or grandchild, daughter-in-law, son-in-law, spouse’s parent, grandparent, grandchild, brother, sister, or child, or the same relatives of a domestic partner; employee or spouse of registered domestic partner’s step-family (mother, father, brother, sister, Item No.10D
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grandparent, grandchild) former legal guardian or immediate household member.

Employees shall be entitled to five (5) working days leave with pay whenever the death of an immediate family member necessitates traveling out of state or the country. Total Bereavement Leave shall not exceed 80 hours each calendar year.

SECTION 15 - MILITARY DUTY LEAVE
City policy relating to Military Leave, the extent of compensation and other benefits, while on such leave shall be in accordance with City Council Resolution 2001-180 and with the provisions of all Federal and State laws.

SECTION 16 - PERSONAL COURT APPEARANCE
An employee absent from work in response to a subpoena or other official order from a law enforcement agency to testify as a witness in cases where the employee is not a party or a real party in interest to the proceeding, but is testifying as a result of observations made in the course and scope of City employment may receive regular compensation.

SECTION 17 - LEAVE OF ABSENCE POLICY
An employee who is authorized to be absent from work and who is not on an authorized leave with pay shall be on leave without pay.

Any leave of absence, with or without pay, shall not exceed three (3) months except as provided in Section 10, Maternity Leave and Section 12, Family and Medical Leave. Should an employee request leave beyond three (3) months, approval is at the discretion of the City Manager.

Leave of Absence Statement:

An employee who has a compelling need to be absent from work and who is not eligible for leave with pay may request to be placed on leave without pay. Before requesting leave without pay, an employee must have first exhausted his/her annual leave. Leave without pay shall require the approval of the City Manager.

Insurance Coverage:

In the event that leave without pay is granted for an employee for reasons of illness or physical incapacity due to illness or injury, the City shall continue to pay the premiums for employee health, dental, vision, life, and disability insurance previously paid for by the City for a period not to exceed three (3) months, except where otherwise provided in this Agreement. The employee is responsible for paying the costs he/she had previously authorized towards premiums.

Item No.10D
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Any City payment of premiums and coverage beyond three (3) months will be the responsibility of the employee, except where otherwise provided in this Agreement.

In the event that leave without pay is granted to an employee for personal reasons, any City payment of premiums for health, dental, vision, life, and disability insurances will be the responsibility of the employee.

Nothing herein in any way limits the rights of the City to increase, decrease, and change or delete any benefit of any group insurance plans it provides to its current employees. Employees who are on a leave without pay may or may not continue under any new or revised plan subject to the carrier’s or provider’s approval. Any failure of the employee to pay his/her portion of the premiums shall result in termination of coverage.

Benefits: Except to the extent provided herein, an employee on leave without pay shall receive no compensation and shall accumulate no annual leave or other paid leave. Any authorized leave of absence without pay for 30 days or more shall require a prorated adjustment in the employee’s performance-based merit adjustment; and a like adjustment in seniority with City.

Other Deductions:

An employee who is on leave without pay shall be responsible for directly paying any agency for any payroll deductions that he/she has authorized. It will be the responsibility of the employee to provide the City with an advance payment to cover the total cost of all premiums for the benefits the employee wants continued during the absence without pay leave period.

SECTION 18 - HEALTH AND CAFETERIA PLAN
The City contracts with the California Public Employees Retirement System for participation under the Public Employees Medical and Hospital Care Act, for the purpose of providing medical insurance benefits for employees and qualifying annuitants.

The City’s maximum contribution for eligible employees for a Health Benefits Plan shall not exceed $435 per month. For Executive Managers who retire under the City’s retirement, the maximum City contribution toward health plan coverage shall be equal to $435 per month.

The City shall maintain in accordance with Section 125 of the IRS Code, a Cafeteria Plan, for the purpose of providing employees with access to various health and welfare benefits. Benefits available through the Cafeteria Plan include but are not limited to:
Group Health Plan Medical Premiums
Item No.10D
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Flexible Spending Account for Dependent Care
Flexible Spending Account for Medical Expenses
Voluntary Optional Life Insurance Premiums
Voluntary Optional Critical Illness and Cancer Insurance Premiums The monthly administrative fee for an employee to be enrolled in the Section 125 plan will be paid for by the City.

The effective date and amount of the City’s monthly contribution to the Cafeteria Plan for each eligible employee covered under this resolution shall be:

January 1, 2023 - $980
Eligible employees who opt out or do not fully utilize the City’s $435 per month contribution toward health benefits and/or the City’s Cafeteria Plan contribution will receive cash-back of unused premiums to a maximum of $700 per month. That is, if the employee’s combined utilization of the $435 Health Benefit Contribution plus the City’s Cafeteria Plan contribution is less than $700, then the difference between the employee utilization and the $700 is eligible for cash-back. If the employee’s combined utilization exceeds $700, then there shall be no cash-back.

Employees may only opt out of health benefits and receive cash-back if they provide proof of minimum essential coverage (other than coverage in the individual market, whether or not obtained through Covered California).

Employees initially hired by the City on or after July 1, 2019, who opt out or do not fully utilize the City’s $435 per month contribution toward health benefits and/or the City’s Cafeteria Plan contribution will receive cash-back of unused premiums up to a maximum of $350 per month. That is, if the employee’s combined utilization of the $435 Health Benefit Contribution plus the City’s Cafeteria Plan contribution is less than $350, then the difference between the employee utilization and the $350 is eligible for cash-back. If the employee’s combined utilization exceeds $350, then there shall be no cash-back. Employees may only opt out of health benefits and receive cash-back if they provide proof of minimum essential coverage (other than coverage in the individual market, whether or not obtained through Covered California).

SECTION 19 - DENTAL, VISION, EAP
The City will pay 100 percent of the dental, vision and employee assistance program insurance premiums for employees and dependents. Domestic partners and their children are included in the definition of dependents.

SECTION 20 - LIFE, TRAVEL ACCIDENT AND LTD INSURANCE
The City will pay 100 percent of the life insurance premiums ($200,000 policy, Item No.10D
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$5,000 dependents), Travel Accident Policy of $250,000 of life insurance, and long-term disability with no opt out or cash back provisions. The core benefit for Long Term Disability (LTD) is 66 2/3 percent once eligibility requirements are met.

SECTION 21 - RETIREMENT
The City contracts with the Public Employees’ Retirement System (PERS) to provide: Section 21258.4 for classic members (2 percent at 55), a benefit commonly referred to as single highest year for classic members (Section 20042), the “Fourth Level” of 1959 Survivor Benefits, Section 21024 (Military Service Credit as Public Service) with continuous active military service time prior to employment with the City, Sections 21551 and 21635 regarding survivor benefits from retirement.

Classic members shall pay 7.0 percent of the employees’ normal contribution to PERS. Classic members are those employees who do not meet the definition of “new member” under the California Public Employees’ Pension Reform Act of 2013. All such employee contributions toward employee cost of retirement will be made on a pre-tax basis in accordance with Section 414(h)(2) of the Internal Revenue Code.

The City shall pay the employer cost in accordance with the provisions of the contract between the City and PERS.

The California Public Employees’ Pension Reform Act of 2013 (PEPRA), as it may from time to time exist, shall in its entirety be given full force and effect. Employees hired on and after January 1, 2013, deemed to be “new members” as defined in Government Code § 7522.04, shall individually pay an initial Member CALPERS contribution rate of 50 percent of the normal cost rate for the Defined Benefit Plan in which said new member is enrolled, rounded to the nearest quarter of 1 percent, or the current contribution rate of similarly situated employees, whichever is greater (PEPRA, Government code section 7522.30).
“New members” shall be enrolled in the PEPRA provided for retirement formula

2.0 percent at 62 (Government Code section 7522.20)(a)). Final pensionable compensation (as defined for new members in Government Code section 7522.34) shall be determined by reference to the highest average annual pensionable compensation earned during a period of at least 36 consecutive months (Government Code section 7522.362(a)).

SECTION 22 - CAR ALLOWANCE
Effective July 1, 2022, employees shall be provided a $522.01 car allowance per month. The car allowance shall be adjusted each subsequent July 1 an amount Item No.10D
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equal to any increase in the Los Angeles Area CPI-U previous 12-month period (May to May).

SECTION 23 - DEFERRED COMPENSATION
Employees shall contribute six percent of their bi-weekly compensation into a 401A deferred compensation account. The City shall match the employee’s six percent contribution.

SECTION 24 - RETIREE HEALTH SAVINGS PLAN
Upon separation or retirement, all employees with 10 or more years of service to the City of Thousand Oaks shall contribute the first 300 hours of unused annual leave to a Retiree Health Savings Plan. Employees with less than 10 years of service shall contribute the first 150 hours of unused Annual Leave hours to a Retiree Health Savings Plan.

SECTION 25 - EMPLOYEE DISCRETIONARY CONTRIBUTION
Effective the first pay period in July, employees shall be provided $750 to be used at employee’s discretion for such purposes, but not limited to, medical expenses through Flexible Spending Account, directly incurred medical costs, medical insurance premiums, deferred compensation, health club membership, electronic equipment for increased employment productivity, or direct cash disbursement.

SECTION 26 - TUITION REIMBURSEMENT AND PC LOAN PROGRAM
Employees are eligible to participate in these employee benefit programs.

SECTION 27 - AMENDMENTS
Any modifications or amendments to this terms of this Resolution shall be implemented by City Council approved Resolution directing inclusion of the modification or amendment.

Item No.10D
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Exhibit B
Item No.10D
TO:Andrew P. Powers, City Manager
FROM:Tim Giles, Human Resources Director
DATE:July 5, 2022
SUBJECT: Retired Annuitant Appointment
RECOMMENDATION:

1. Approve appointment of Jay Spurgin as a retired annuitant hourly employee.

2. Authorize expenditure from A/C #001-5010-631-1210 (Public Works Temporary/Hourly Employee/Regular Pay).

FINANCIAL IMPACT:

No Additional Funding Requested. Adequate funding for the position is included in the Adopted FY 2022-23 General Fund Budget.

BACKGROUND:

Jay Spurgin retired from the City on February 6, 2020 as the Director of Public Works. Mr. Spurgin provided significant counsel, support, and advice to the City Attorney’s Office and Public Works staff in reviewing and opposing rate increases proposed by private water purveyors serving the City. City Council has authorized evaluation of a rate case proposed by California American Water Company (CalAm Water). City Council authorized a retired annuitant appointment for Mr.

Spurgin on February 25, 2020 for a prior CalAm rate case. This appointment concluded on February 23, 2021. The Public Works department needs to employ the specialized skills possessed by Mr. Spurgin for the limited purpose and duration of the pendency of a new rate case.

DISCUSSION/ANALYSIS:

Pursuant to state law, City retirees who are members of the California Public Employees Retirement System (CalPERS) are precluded from returning to work for a covered agency, except in limited circumstances. Government Code 7522.56(c) provides that a retired annuitant may return to part-time employment, Item No.10E
Retired Annuitant Appointment
July 5, 2022

3 3
7 if the retired person has skills needed to perform work, of limited duration. The employment is limited to a maximum of 960 hours per fiscal year (Government Code 7522.56(d.)).

The City would propose to appoint Mr. Spurgin as a retired annuitant to an hourly position not to exceed 960 hours per fiscal year. The appointment will be for limited duration and shall cease no later than the conclusion of the rate case. The hourly rate for the appointment will be within the range authorized by CalPERS regulations.

The City Attorney has reviewed the Ethics Code of Chapter 10 of Title 1 of the Thousand Oaks Municipal Code and the Administrative Ethics Policy and determined that the proposed appointment is not prohibited by applicable ethics rules.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

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

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

HRD: 700-10\scH:\COMMON\StaffReports\2022\070522 Spurgin Appointment.docx Item No.10E
TO:City Council
FROM:Council on Aging
DATE:July 5, 2022
SUBJECT: Council on Aging Annual Report
RECOMMENDATION:

Receive Council on Aging (COA) Annual Report.

FINANCIAL IMPACT:

No Additional Funding Requested. Staff time and costs for coordination and preparation of the COA Annual Report are included in the Adopted FY 2021-22 General Fund Budget.

BACKGROUND:

The COA was established in 1974. It consists of nine members who are 60 years of age or older. On September 14, 2021, City Council approved Resolution 2021- 046, rescinding Resolution 2010-081, establishing the following functions and duties of the COA:
Review and provide input on any matters referred by the City Manager or their designee regarding a City departmental action, project, service, or development concerning matters which may directly affect older adults. Provide outreach assistance to older adults for City projects or services as assigned by City Manager or their designee.
Serve as liaisons to non-profit organizations or agencies who serve older adults as assigned by City Manager or their designee.
Implement additional projects as assigned by City Manager or their designee.

Item No.11A
Council on Aging Annual Report
July 5, 2022

3 2
7 Submit an annual report to City Council on Commission activities and any other periodic reports as assigned or deemed appropriate.

DISCUSSION/ANALYSIS:

In FY 2021-22, COA Commissioners accomplished the following functions and duties:

1. Review and provide input on any matters referred to the COA During the FY 2021-22 term, the COA Commissioners engaged with knowledgeable speakers from City departments and the community to establish relationships and provide input on referred projects and programs as they affect older adults. Meetings included:

Month Topic Presenter
October 2021 Climate and
Environmental Action
Plan
Helen Cox, Sustainability Manager,
City of Thousand Oaks
November 2021 Transit Mike Houser, Transit Manager, City of Thousand Oaks
December 2021 Communications Alexandra South, Communications Manager, City of Thousand Oaks
January 2022 Timber School
Project
Tim Gallagher, Co-Owner, The 2020
Network
February 2022 Water Conservation John Brooks, Sr. Sustainability Analyst, City of Thousand Oaks
March 2022 Solid Waste Services
and SB1383
Rondi Guthrie, Athens; Matt Trouts,
Athens; Sarah McGurk,
Sustainability Analyst, City of
Thousand Oaks
April 2022 General Plan Update
and Housing Element
Kari Finley, Planning Manager, City
of Thousand Oaks
May 2022 Diversity, Equity, and
Inclusion
Melissa Hurtado, Assistant to the City
Manager, City of Thousand Oaks
June 2022 Conejo Recreation
and Parks District
(CRPD)
Rochelle Callis, Administrator,
Recreation & Community Services,
CRPD
Item No.11A
Council on Aging Annual Report
July 5, 2022

3 2
7 2. Provide outreach assistance to older adults for City projects or services The COA Commissioners provided outreach assistance to older adults for City projects and services, as well as attended various functions to present COA information by doing the following:

COA sponsored the Lifelong Learning Series in partnership with the Thousand Oaks Library staff, who taught the class, and the Goebel Adult Center, who hosted the space. This was a four-part series from February 2022 to May 2022 that provided training and support to connect a smart device to free, virtual library platforms, including: Libby, GetSetUp, NorthStar Digital Literacy, and Skill Share.
COA Commissioners served on the Conejo Senior Volunteer Program (CSVP) Wellness Fest Committee.
COA, along with various City departments, had booths at the 2022 Wellness Fest at the Goebel Adult Community Center. All proceeds from that event support CSVP programs.

3. Liaisons to Organizations
In FY 2021-22, COA Commissioners served as liaisons to an array of organizations who serve older adults in the community. Each month commissioners deepen relationships across the community, as well as provide updates and information regarding these organizations at the COA meetings. A summary of the following liaison positions is provided in Attachment #1:
Conejo Senior Volunteer Program (CSVP) – Commissioner Thelma Williams
Goebel Center Commission (GSCC) – Commissioner Patricia Lownes Ventura County Fall Prevention Coalition (VCFPC) – Commissioner Michael Wasserman
Ventura County Area Agency on Aging (VCAAA) – Vice Chair Stephanie Belding
California Senior Legislature (CSL) – Commissioner Tony Gitt Community Conscience – Commissioner Karen Sylvester
Item No.11A
Council on Aging Annual Report
July 5, 2022

3 2
7 Ventura County Continuum of Care (CoC) – Commissioner Henry Chan and Chair Rossanna Guerra
Senior Concerns – Commissioner Tony Gitt

4. Implement additional projects
In January 2021, the COA Commissioners conducted a survey to determine the needs of older adults living in Thousand Oaks. The following accomplishments were completed during FY 2021-22:
On October 26, 2021, the survey findings and recommendations were presented to City Council.
In January 2022, the survey findings and recommendations were provided to eight organizations serving older adults in the community. In March and April 2022, the survey findings and recommendations were presented to two community organizations: Senior Concerns and the Goebel Center Commission.

In 2023, the COA will be seeking direction from the City Manager’s Office on potential projects, such as working to update and repeat the older adult survey or activities that support the duties of the COA.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

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

G. Continue City's commitment to community and cultural programs and services (such as Performing Arts/Theatres, Libraries, TOTV, Visual Arts, Youth and Senior Programs).

PREPARED BY: Rossanna Guerra, COA Chair
Sarah Mailes, Community Services Analyst
Attachment:

Item No.11A
Council on Aging Annual Report
July 5, 2022

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7 Attachment #1 – 2021-22 COA Liaison Summary Report
CMO:115-01\H:Common\City Council\Council Items\2022\070522\Council on Aging Annual report Item No.11A
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2021-22 COA Liaison Summary Reports
Commissioner Thelma Williams
Name of Agency: Conejo Senior Volunteer Program (CVSP)
Agency Mission: The Conejo Senior Volunteer Program (CSVP) provides opportunities for adults age 55+ to use their life experience and skills to meet local community needs.

Frequency of meetings: Bimonthly
Summary/ highlights of liaison activities for FY 2021-22:

I was privileged to serve as the liaison from the Commission on Aging for Conejo Senior Volunteer Program run by the Thousand Oaks Park and Recreation Department during the year of 2021-2022.

My focus when I became a member of the Commission was the volunteer programs that older adults support in our community. I realize what a contribution older adults make to these programs, many depending on these volunteers to keep the programs running.

I attended bimonthly meetings of the CSVP, and reported the activities, volunteer opportunities and organizing activities to the Commission.

This agency is very active and has the support of the members and the Community. The CSVP offers several community-wide activities during the year. I was able to support some of these by working at the Wellness Fair and also serving at the volunteer appreciation luncheon in the local park. These activities are well attended and very successful. Ongoing opportunities are constantly presented to interested volunteers. I saw a well-organized program and was proud to be involved in this committee.

Commissioner Patricia Lownes and Commissioner Gail Ginell Name of Agency: Goebel Senior Center Commission
Agency Mission: Provide social and recreation services for seniors in the community of Thousand Oaks
Frequency of meetings: Monthly
Summary/ highlights of liaison activities for FY 2021-22:

Commissioners Patti Lownes and Gail Ginell represented the Council on Aging at the monthly Goebel Commission meetings. The Commission is comprised of 15 members along with staff members. The primary income source for the ATTACHMENT #1
Item No.11A
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commission is the bingo held regularly at the Goebel Center, along with the admission fees from events held throughout the year. Attendance at events and corresponding income were significantly reduced during the COVID-19 pandemic and have been increasing during the 2022 calendar year. Even during the pandemic, the board focused on the needs of the older adults in the community and arranged for drive-up services, including the annual Wellness Fest.

While not yet back to pre-pandemic levels, things are going well. There has been a recent two-month stop to the bingo games due to construction at the center, but bingo will pick up again in July 2022. The board has made the sure the commission is financially sound, and all board members are active with their specific duties.

There is always an abundance of activities planned, with all events well- constructed and orchestrated. They also consider the financial aspects of events in relation to their constituents. The board applies for grants when applicable and uses money to help subsidize some events so that participation can be high as possible. Events for the community include Goebel Café, senior breakfasts and lunches, holiday events, and field trips to sporting events and arts/cultural events.

Interactions with the Commission board has led us to see their dedication to the health (mental and physical) of the older adult community in Thousand Oaks.

Coming out of the pandemic and newly established roles and responsibilities of the COA, it was hard to establish a closer partnership with the board members.

The next liaison for the Goebel Center should focus on developing a closer partnership with the board and searching for ways that the COA can help support the activities that Goebel Center offers. This will be facilitated with future COA meetings being held at the Goebel Center, COA members volunteering at Goebel Center events, and further networking with the Goebel board members.

Commissioner Michael Wasserman
Name of Agency: Ventura County Fall Prevention(VCEFPC)
Agency Mission: VCEFPC is a partnership between a variety of local agencies and organizations, including the Ventura County Area Agency on Aging, with a goal of providing resources and information aimed at reducing injuries and deaths that occur among older adults as a result of falls.

Frequency of meetings: n/a
Summary/ highlights of liaison activities for FY 2021-22: With a focus on improving balance and mobility, VCEFPC partners offer a variety of fall prevention classes and traditionally has offered two Fall Prevention Forums held annually throughout Ventura County. Due to the COVID-19 pandemic, there was only one virtual Forum in 2021. Typically, a spring bilingual forum is held in April each year and targeted at Spanish- speaking individuals offering English translation. A late summer forum is usually held in September offering information in English with Spanish translation available by request. The 2022 Forum is presently proposed Item No.11A
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for 9/16/22. It is presently planned to be a hybrid meeting to allow for both English and Spanish speaking attendees. It will have a Hawaiian theme, “Save Farewell to Falls.” The Trauma Prevention Coalition is having a Webinar on June 20th. The Coalition began weekly planning meetings on June 14th for this year’s Forum.

Vice-Chair Stephanie Belding
Name of Agency: Ventura County Area Agency on Aging (this position is a City Council Appointed position)
Agency Mission: To promote the development and implementation of a comprehensive coordinated system of care that enables older individuals, children and adults with disabilities, and their caregivers to live in a community-based setting and to advocate for the needs of those 60 years of age and older in the county, providing leadership and promoting citizen involvement in the planning process as well as in the delivery of services.

Meetings attended:

General Advisory Board: 7/14/21, 9/8/21, 11/10/21, 1/12/22, 3/9/22, 5/11/22 Housing Committee: 7/20/21, 9/21/21, 11/16/21, 1/18/22, 3/15/22, 5/17/22 Workforce Committee: 9/23/21, 11/18/21, 1/27/22, 2/4/22, 2/24/22, 5/26/22 Optimal Aging Committee: 8/11/21, 9/22/21, 11/17/21, 2/3/22*, 3/23/22, 5/25/22
Summary/ highlights of liaison activities for FY 2021-22: Among the number of things I participated in, a highlight is the revision of the Get That Job video presentation for the Workforce Committee; I also recorded narration for the presentation so it can be shown in future years as well. It was a banner year for these committees, and we worked on updating goals and mission statements, delineating our purview, and setting timelines and future activities. I reported back every month to COA on these activities and offerings.

Topics reported back to COA included: Transit updates and transportation options including DAR and MediRide, Medicare HICAP training and options for enrollment counseling, Senior Nutrition Program classes and counseling, Dementia Friendly Ventura County, Fall Prevention online training and Forum videos, Eat Fresh Mini- courses, volunteer opportunities and specific vendor service providers sought (including bi-lingual Spanish), family caregiving, the Home Share program, senior employment training, Aging with Pride (memory loss program for LGBTQ aging adults), the Senior Support Line, Elder Law services, behavioral and brain health wellness, older adult housing and Housing Authority issues.

It has been my honor and pleasure to serve on the Council on Aging and to represent us to the VCAAA!
Commissioner Tony Gitt
Item No.11A
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Name of Agency: California Senior Legislature (CSL)
Agency Mission: To help preserve and enhance the quality of life for older Californians and their families. The CSL achieves this mission by developing a forum through which older Californians can develop their legislative priorities and get them into the hands of California and Federal legislators. This is accomplished through the annual Session, a model legislative session where proposals are considered and prioritized. Senior Legislators then seek state lawmakers to author 10 of the Session’s priority proposals. The CSL works throughout the year to ensure adoption of these proposals.

Frequency of meetings: 10 to 12 organizational meetings per year plus additional meetings with elected officials
Summary/ highlights of liaison activities for FY 2021-22: CSL members proposed 29 bills effecting Seniors for the 2022 legislative session being considered by the elected legislators in the State Senate and State Assembly. 8 of those 29 bills have been picked up and sponsored by elected officials and are winding their way through the current legislative session in Sacramento.

Commissioner Karen Sylvester
Name of Agency: Community Conscience
Agency Mission: Provide a single location where human service programs are available and accessible at no cost to recipients and to maximize coordination among agencies
Frequency of meetings: Quarterly
Summary/ highlights of liaison activities for FY 2021-22: I had the opportunity to attend two tenant meetings over the past six months. I introduced myself and my role within the Thousand Oaks Council on Aging. These meetings provide an opportunity for each tenant to share the assistance services and needs of their organizations. There is also a featured speaker who goes into more depth on their programs. This included the Conejo Free Clinic and Fit 4 The Cause. Other tenants at these meetings include Senior Concerns, Villa Esperanza, Lutheran Social Services, Autism Society of Ventura County, Interface Children and Family Services, and the Ventura County Human Services Agency. Most, if not all, of these groups serve older adults as part of their mission.

Commissioner Henry Chan and Chair Rossanna Guerra
Name of Agency: Ventura County Continuum of Care Alliance Item No.11A
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Agency Mission: The Ventura County Continuum of Care Alliance is a collaborative group dedicated to promoting a safe, desirable, and thriving community by ending homelessness in Ventura County.

Frequency of meetings: Quarterly
Summary/ highlights of liaison activities for FY 2021-22:

Commissioner Chan: Continuum of care is a concept involving an integrated system of care that guides and tracks patient over time through a comprehensive array of health services spanning all levels of intensity of care. The term is being borrowed by CoC for their mission.

The Continuum of Care (CoC) Program is designed to promote communitywide commitment to the goal of ending homelessness; provide funding for efforts by nonprofit providers, and State and local governments to quickly rehouse homeless individuals and families while minimizing the trauma and dislocation caused to homeless individuals, families, and communities by homelessness; promote access to and effect utilization of mainstream programs by homeless individuals and families; and optimize self-sufficiency among individuals and families experiencing homelessness. In my opinion, they are helping everyone involved navigate the array of homeless services by acting as an agency in Ventura County.

In the meetings, I observed how they would recommend funding awards to non- profits providing programs based on data available, which needs improvements.

Last heard was the development of a database to track homelessness and to perform surveys to support their activities.

With data more available, I hope to better understand how their activities would impact the life of seniors, especially those in Thousand Oaks who are experiencing homelessness.

Chair Guerra: As a liaison for the Council on Aging, I attend quarterly meetings of a larger county-wide representation of stakeholders from various communities. In February 2022, the Homeless Point in Time Count was conducted countywide.

This was the first complete count since 2020. The initial findings report an increase of 25% during the pandemic. Cities like Ventura, Oxnard, and Thousand Oaks, which provide temporary shelter through Project Roomkey, saw the biggest increase in homeless individuals. (As reported in the VCStar 4.12.22) At the most recent meeting in April a presentation by the non-profit CAUSE reported on a survey conducted primarily in the west end of the county. The survey was trying to determine the correlation between rent costs and its impacts on homelessness. Their findings were that as rent rises in the county, homelessness rises.

We see this correlation affecting our older adult population in Thousand Oaks.

Older adults who live on a fixed income, cannot survive the constant rate hikes Item No.11A
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placed upon them as properties turn over to a new owner (as reported by Senior Concerns to the Council on Aging).

Commissioner Tony Gitt
Name of Agency: Senior Concerns
Agency Mission: To provide programs and services which support and improve the health, well-being, and quality of life for seniors and family caregivers.

Frequency of meetings: Quarterly
Summary/ highlights of liaison activities for FY 2021-22: In 2021 the COA completed a Survey of Seniors in the Conejo Valley and presented it to the City Council. On March 28, 2022 the COA Survey Subcommittee presented the survey results to the Senior Concerns leadership staff. Feedback included:
Higher rents in the Conejo Valley (up 305 and more) are leading to increased homelessness, including among Seniors
Fire safety and evacuation plans for Seniors is a growing concern especially the ability for seniors to get out quickly
Awareness of the ability for seniors with disabilities to register with the police needs to be expanded
Lack of Dial A Ride drivers is a major concern
Awareness of Fall Prevention information and classes for Seniors needs to improve
Family Caregivers outreach and Education is a growing need As a result of the joint commonality and overlap of efforts, Senior Concerns and the COA agreed to meet on a quarterly basis to discuss priorities and concerns in both organizations. On June 1, 2022, the first Quarterly Meeting was held at Senior Concerns and will continue again next year. Topics discussed included:
Home modifications for Seniors
Respite Grants for family caregivers
Stroke Support
Bereavement Support
Grant verification if a Senior does not have a driver’s license Legal support for Seniors
CMO:115-01\H:Common\City Council\Council Items\2022\070522\Council on Aging Annual report Attch 1 Item No.11A
TO:City Council
FROM:Youth Commission
DATE:July 5, 2022
SUBJECT: Youth Commission Annual Report
RECOMMENDATION:

Receive Youth Commission (YC) Annual Report.

FINANCIAL IMPACT:

No Additional Funding Requested. Staff time and costs for coordination and preparation of the YC Annual Report are included in the Adopted FY 2021-22 General Fund Budget.

BACKGROUND:

The YC was established in 1985. It consists of 13 members between the ages of 13 – 18. On September 14, 2021, City Council approved Resolution 2021-045, rescinding Resolution 2011-037, establishing the following functions and duties:
Review and provide input on any matters referred to the City Council, City Manager, or their designee regarding a City departmental action, project, service, or development concerning matters which may directly impact youth.
Provide outreach assistance to youth for City projects or services as assigned by City Manager or their designee.
Serve as liaisons to youth agency committees as assigned by City Council, City Manager or their designee, including attendance at public meetings and providing regular reports on liaison agency activities to City Council. Submit an annual report to City Council on Commission activities and any other periodic reports as assigned or deemed appropriate.

Item No.11B
Youth Commission Annual Report
July 5, 2022