Thousand Oaks City Council
September 13, 2022

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3 BACKGROUND:

In May 2019, Thousand Oaks Master, LLC (Applicant) submitted applications for the Conejo Summit project (Project) consisting of a Development Permit [(DP) 2019-70439], two Vesting Tentative Track Maps [(VTTM) 2019-70440 and 2019- 40441], a Uniform Sign Permit [(USP) 2019-40442], a Landscape Plan Check [(LPC) 2019-40443], and a Mitigated Negative Declaration [(MND) 2019- 70444]. A subsequent application was received for a Protected Tree Permit (PTP) 2021-71158. Project materials were reviewed by all relevant City agencies, departments, and representatives. Based on input received, staff began preparation of an Informal Request for Proposals (Informal RFP) to be sent out to the City’s on-call consultants for the preparation of an Initial Study (IS)/MND. As part of the application, the Applicant is required to reimburse the City for the costs of conducting and preparing the environmental document.

On August 2, 2019, the City solicited proposals from four pre-qualified environmental consultants for the preparation of an IS/MND. The proposals were required to be submitted no later than August 30, 2019. Staff received and reviewed three competitive proposals. After thorough evaluation of all proposals received, ESA was selected by Community Development Department staff as the most qualified to write the IS/MND for the Project based on their prior experience with the City and similar projects, availability, timeliness, and positive reference checks. The ESA scope of work included the preparation of an IS/MND for a request to allow construction of an industrial development consisting of 15 buildings totaling 754,222 square feet on 49.83 acres, including grading, hardscape, landscape and encroachment into the protected zone of an oak tree.

On November 6, 2019, the City Manager approved a Task Order on the On-Call Contract with ESA for the preparation of an IS/MND for the proposed Project. After the Task Order was approved, the Project experienced multiple revisions, and technical studies required for the IS/MND were prepared, significantly extending the project timeline.

Between February 11, 2022, and March 14, 2022, the City circulated the IS/MND for a 30-day public review period and received a substantial number of comments. The City and applicant have since determined that a Focused Environmental Impact Report (EIR) is to be prepared for the project.

DISCUSSION/ANALYSIS:

At the time the initial proposals for the IS/MND were solicited through the Informal RFP process, the need to prepare an EIR was not anticipated. Preparation of an EIR was the result of evaluating comments received during the IS/MND public review period. The proposed Project has made significant progress through the Item No.7G

Conejo Summit Project Environmental Impact Report Consultant September 13, 2022

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3 entitlement phase, and the formal application has been submitted and is currently under review. Based on the status of the project, it is anticipated that the EIR will be completed in Summer 2023.

ESA has previously served as environmental consultant for several environmental documents prepared and implemented by the City, including the IS/MND previously prepared for this Project and consulting services for other public agencies. In the past, the City has been satisfied with their services and deliverables for various other projects. Although the City’s standard requirements for consultant selection on a project that exceeds $75,000 is for a formal RFP, TOMC Section 3-10.501 provides authority for City Council to waive a standard RFP/Q process when unforeseen circumstances arise that justify an exception to following the provisions. After the IS was prepared, a MND was considered the appropriate environmental review mechanism; however, after public comments were received from various groups on the draft MND, staff and Applicant agreed to prepare the more extensive EIR to ensure all reasonable environmental issues were examined and addressed. In addition, due to ESA’s knowledge of the Project, prior preparation of the IS/MND, current Project status and specialized skillset, City Council waiver of the City’s formal RFP/Q requirements and utilization of a Single Source purchasing process is recommended.

ESA has prepared a Scope of Work which has been reviewed and accepted by both the City and the applicant team. ESA’s proposed costs are $117,950 to complete the EIR. Further, staff proposes to include additional services in the amount of $22,050 to timely address any further issues and not unnecessarily delay the project’s consideration by the Planning Commission. The Agreement for Professional Services with ESA (Attachment #1) is in the amount of $117,950 plus additional services of $22,050 for a total not-to-exceed amount of $140,000. The terms of the draft professional services agreement follow the City’s standard contract and is consistent with ESA’s Scope of Work; however, the draft agreement is subject to change. Consequently, it is recommended that the City Manager be given the authority to execute the professional services agreement subject to approval by the City Attorney once all terms have been negotiated. The applicant is to augment the deposit fee they have paid so the City will fully recover its costs from the applicant’s deposit.

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.

Item No.7G

Conejo Summit Project Environmental Impact Report Consultant September 13, 2022

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3 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.

I. Maintain a strong local employment base geared toward retaining high quality businesses; Sustain a healthy business community; and, Diversify the local economy, with a specific emphasis on small businesses and high technology/biomedical jobs.

PREPARED BY: Scott Kolwitz, Sr. Planner
Attachment:

Attachment #1 – Agreement for Professional Services with ESA cdd:410-30\SJK\ H:\COMMON\Administration & Special Projects\Contracts-POs-Task Orders\ESA-Shapell-Conejo Summit EIR 2022-70771
Item No.7G

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Conejo Summit Focused Environmental Impact Report

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AND

ENVIRONMENTAL SCIENCE ASSOCIATES (ESA)
THIS AGREEMENT is made and entered into this 13 th day of September, 2022, by and between CITY OF THOUSAND OAKS, a municipal corporation ("City"), and Environmental Science Associates (ESA) ("Consultant").

City and Consultant agree as follows:

1. RETENTION AS CONSULTANT
City hereby retains Consultant, and Consultant hereby accepts such engagement, to perform the services described in Section 2. Consultant warrants it has the qualifications, experience, and facilities to properly and timely perform said services.

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

Professional services in conjunction with preparation of a Focused Environmental Impact Report (EIR). Services and deliverables shall generally include creation of a EIR which is prepared in compliance with the California Environmental Quality Act (CEQA) for the Conejo Summit Project (Project), and as more particularly set forth in the Scope of Work, attached as Exhibit “A,” which is incorporated herein.

3. COMPENSATION AND PAYMENT
(a) Maximum and Rate. The total compensation payable to Consultant by City for the services under this Agreement SHALL NOT EXCEED the sum of $140,000 (herein "not to exceed amount"), and shall be earned as the work progresses on the following basis:

Hourly at the hourly rates and with reimbursement to Consultant for those expenses set forth in Consultant's Schedule of Fees attached as Exhibit "B," which is incorporated herein. The rates and expenses set forth in that exhibit shall be binding on Consultant until June 30, 2024, after which any change in the rates and expenses must be approved in writing by City's Project Manager (City is to be given a 60 day notice of any rate increase request), provided the not to exceed amount ATTACHMENT #1
Item No.7G

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is the total compensation due Consultant for all work described under this Agreement.

(b) Payment. Consultant shall provide City with written verification of the actual compensation earned, in a form satisfactory to City's Project Manager.

Invoices shall be made no more frequently than on a monthly basis, and describe the work performed, including a list of hours worked by personnel classification. All payments shall be made within 30 days after City’s approval of the invoice. (c) Extra Services. Additional work not reasonably encompassed by the Scope of Services described in Section 2 may be agreed upon only by execution of a written Amendment to this Agreement. No liability or right to compensation for extra services shall exist without such Amendment. Unless otherwise stated in the Amendment, applicable rates for extra services shall be at the rates set forth in Exhibit “B.”

4. CITY PROJECT MANAGER
The services to be performed by Consultant shall be accomplished under the general direction of, and coordinate with, City's "Project Manager", as that staff person is designated by City from time to time, and who presently is Scott Kolwitz, Senior Planner.

5. TERM, PROGRESS AND COMPLETION
The term of this Agreement is from the date first written above to June 30, 2024, unless term of this Agreement is extended or the Agreement is terminated as provided for herein.

City Manager or his or her designee shall have the authority to extend the term of this Agreement in writing for a period not exceeding three (3) years if the total charges of contract have not exceeded the total approved amount listed in Section 3 above.

Consultant shall not commence work on the services to be performed under the Agreement until (i) Consultant furnishes proof of insurance as required by paragraph 9 below, and (ii) City’s Project Manager gives written authorization to proceed with the work. All services shall be completed within the term of this Agreement.

6. OWNERSHIP OF DOCUMENTS
All drawings, designs, data, photographs, reports and other documentation (other than Consultant's drafts, notes, and internal memorandum), including duplication of same prepared by Consultant in the performance of these services, are the property of City. City shall be entitled to immediate possession of the same Item No.7G

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upon completion of the work under this Agreement, or at any earlier or later time when requested by City. City agrees to hold Consultant harmless from all damages, claims, expenses, and losses arising out of any reuse of the plans, specifications, graphics, brochures, reports, and other documentation for purposes other than those described in this Agreement, unless written authorization of Consultant is first obtained.

7. PERSONAL SERVICES/NO ASSIGNMENT/SUBCONTRACTS
This Agreement is for professional services, which are personal to City.

Kevin Smith, Senior Managing Associate, is deemed to be especially experienced and is a key member of Consultant's firm, and shall be directly involved in performing, supervising or assisting in the performance of this work. This key person shall communicate with, and periodically report to, City on the progress of the work. Should said individual be removed from assisting in this contracted work for any reason, City may terminate this Agreement.

This Agreement is not assignable by Consultant without City's prior written consent.

The following portions of the work described in this Agreement may be subcontracted out to other parties by Consultant:

1. No sections of the EIR are to be subcontracted out by Consultant unless written authorization by City is given before Consultant hires the subcontractor.

8. HOLD HARMLESS AND INDEMNITY
(a) Hold Harmless for Consultant's Damages. Consultant holds City, its elected officials, officers, agents, employees and volunteers, harmless from all of Consultant's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to Consultant, to Consultant's employees, to Consultant’s contractors or subcontractors, or to the owners of Consultant's firm, which damages, losses, injuries or liability occur during the work or services required under this Agreement, or performance of any activity or work required under this Agreement. (b) Defense and Indemnity of Third Party Claims/Liability. To the maximum extent allowed by law, Consultant shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability including, but not limited to, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, except such loss or damage which is Item No.7G

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caused by the sole or active negligence or willful misconduct of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Consultant, or should City otherwise find Consultant’s legal counsel unacceptable, then Consultant shall reimburse City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay City any final judgment rendered against City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of Consultant’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

Consultant’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of the Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City.
(c) Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by City, or the deposit with City, of any insurance certificates or policies described in Section 9.

9. MINIMUM SCOPE AND LIMIT OF INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, and any extension thereof, policies of insurance of the type and amounts described below and in a form that is satisfactory to the City.

Coverage shall be at least as broad as:
(a) Commercial General Liability (CGL): Consultant shall, at Consultant's sole cost and expense and throughout the term of this Agreement, and any extension thereof, carry General Liability insurance coverage at least as broad as Insurance Services form CG 00 01 in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate for bodily injury, personal and Item No.7G

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advertising injury and property damage, including without limitation, blanket contractual liability.
(b) Automobile Liability: Consultant shall, at Consultant's sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry Automobile Liability insurance coverage at least as broad as Insurance Services form CA 00 01 or the exact equivalent covering bodily injury and property damage for all activities of Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage of any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Workers’ Compensation: Consultant shall, at Consultant's sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry workers’ compensation statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for bodily injury or disease. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers for all work performed by Consultant, its employees, agents and subcontractors.
(d) Professional Errors and Omissions Insurance: Consultant shall, at Consultant’s sole cost and expense throughout the term of this Agreement, and any extensions thereof, carry professional errors and omissions coverage of no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate, with tail coverage for an extended reporting period of three (3) years.

If Consultant maintains higher limits than the minimum shown above, City requires and shall be entitled to coverage for the higher limits maintained by Consultant.

Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 10 01 and CG 20 37 10 01 if a later edition Item No.7G

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is used). The provision shall also apply to any excess liability policies. In addition, Consultant shall ensure that the automobile liability policy contains a provision covering City as an additional insured, and shall obtain an endorsement to that effect if it does not.

Excess Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Umbrella or excess policies shall provide coverage at least as broad as specified for underlying coverages and covering those insured in the underlying policies. Coverage shall be “pay on behalf” with defense costs payable in addition to policy limits. There shall be no cross liability exclusion of claims or suits by one insured against the other. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and no-contributory basis for the benefit of City as required in written contract or agreement before City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

City’s Rights of Enforcement
In the event any policy of insurance required under this Agreement does not comply with these specifications or is cancelled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant’s payments. In the alternative, City may cancel this Agreement.

City’s Right to Revise Specifications
City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation.

Primary and Non-Contributory Coverage
For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance as respects City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees or volunteers shall be excess of Consultant's insurance and shall not contribute with it and shall be at least as broad as CG 20 01 04 13.

Item No.7G

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Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to City.

Deductibles and Self-Insured Retentions
Any deductible or self-insured retention must be declared to and approved by City.

City may require Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

Acceptability of Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with a current A.M. Best’s rating of no less than A:VII, (unless otherwise acceptable to the City).

Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its officers, officials, employees or volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications - to waive their right of recovery prior to a loss. Consultant hereby waives his own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. Copies of these waivers shall be submitted to City prior to commencement of work.

Claims Made Policies
If any of the required policies provided coverage on a claims-made basis:
(a) The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of contract work.
(b) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work required under this Agreement.
(c) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement effective date, Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.

Item No.7G

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Verification of Coverage
Consultant shall provide City with copies of certificates (on City certificate form or an Accord form as modified per City direction) for all policies, with the appropriate named additional insured coverage and an endorsement that they are not subject to cancellation without 30 days prior written notice to City. All certificates and endorsements are to be received and approved by City before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subconsultants
Consultant shall require and verify that all subconsultants maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subconsultants. For CGL coverage, subconsultants shall provide coverage with a form at least as broad as CG 20 38 04 13.

10. RELATION OF THE PARTIES
(a)Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement.

Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. (b)No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

11. CORRECTIONS
In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work that may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such Item No.7G

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correction in a reasonably timely manner, such correction shall be made by City, and the cost thereof shall be charged to Consultant or withheld from any funds due to Consultant hereunder.

12. TERMINATION BY CITY
City may, upon 30 calendar days written notice, terminate without cause any portion or all of the services agreed to be performed under this Agreement. If termination is for cause, no advance notice need be given. In the event of termination, Consultant shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termination shall be payable by City to Consultant within 30 days following submission of a final statement by Consultant unless termination is for cause. In such event, Consultant shall be compensated only to the extent required by law.

13. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished, or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within 10 calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors, agents and consultants for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors, agents and consultants.

14. AUDIT OF RECORDS
Consultant shall maintain, in accordance with generally accepted accounting principles, complete and accurate records of all activities and operations relating to this Agreement. Records, including but not limited to, timecards, employment records, work progress reports, reimbursements, invoices, project records, proprietary data and information, as well as licensed software and any electronic records shall be kept for a period of four years beyond the termination of this Agreement. Consultant agrees that City, or its authorized representative, shall have the right to examine, audit, excerpt, copy or transcribe any of the records pertaining to this Agreement at any time during normal business hours. Consultant shall reimburse City for all reasonable costs of the audit, including travel time and auditor costs, should such audit reveal an overcharge of five (5) percent or more. Any overcharge will be considered a breach of this Agreement and could be cause for termination. The obligations of this section shall Item No.7G

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be explicitly included in any subcontracts or other agreements entered into by Consultant with respect to this Agreement.

15. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.

16. CONFLICT OF INTEREST
Consultant is unaware of any City employee or official that has a financial interest in Consultant's business. During the term of this Agreement and/or as a result of being awarded this Agreement, Consultant shall not offer, encourage or accept any financial interest in Consultant's business by any City employee or official.

17. CONSTRUCTION OF LANGUAGE OF AGREEMENT
The provisions of this Agreement shall be construed as a whole according to its common meaning of purpose of providing a public benefit and not strictly for or against any party. It shall be construed consistent with the provisions hereof, in order to achieve the objectives and purposes of the parties. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutral genders or vice versa.

18. MITIGATION OF DAMAGES
In all situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.

Item No.7G

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19. GOVERNING LAW
This Agreement, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California.

Should litigation occur, venue shall be in Superior Court of Ventura County.

20. TAXPAYER IDENTIFICATION NUMBER
Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W-9 (Rev. 12-87), as issued by the Internal Revenue Service.

21. NON-APPROPRIATION OF FUNDS
Payments due and payable to Consultant for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of City funds. In the event City has not appropriated sufficient funds for payment of Consultant services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year.

22. MODIFICATION/AMENDMENT OF AGREEMENT
Any amendment, modification, or variation of the terms or tasks of this Agreement shall be in writing and shall be effective only upon the mutual written approval by the City Manager, or his designee, and Consultant.

23. USE OF THE TERM “CITY”
Reference to “City” in this Agreement includes City Manager or any authorized representative acting on behalf of City.

24. PERMITS AND LICENSES
Consultant, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

25. CAPTIONS
The captions or headings in this Agreement are for convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the Agreement.

26. AUTHORIZATION
Each party has expressly authorized the execution of this Agreement on its Item No.7G

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behalf and bind said party and its respective administrators, officers, directors, shareholders, divisions, subsidiaries, agents, employees, successors, assigns, principals, partners, joint venturers, insurance carriers and any others who may claim through it to this Agreement.

27. ENTIRE AGREEMENT BETWEEN PARTIES
Except for Consultant's proposals and submitted representations for obtaining this Agreement, this Agreement supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering of services, and contains all of the covenants and agreements between the parties with respect to said services.

28. PARTIAL INVALIDITY
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

29. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:

TO CITY: Attention: Scott Kolwitz
Community Development Department
City of Thousand Oaks
2100 East Thousand Oaks Boulevard
Thousand Oaks, CA 91362
TO CONSULTANT: Kevin Smith
Environmental Science Associates
770 Paseo Camarillo, Suite 310
Camarillo, CA 93010

30. SIGNATURES
(a) Counterparts. This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument.
(b) Scanned Signatures. In the event that any signature is delivered by facsimile transmission or submitted electronically as a scanned image (i.e. files with .pdf, .tiff or .jpeg extensions), such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) Item No.7G

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with the same force and effect as if such facsimile or scanned signature page were an original thereof.
(c) Digital/Electronic Signatures. This Agreement may be executed through the use of digital or electronic signatures provided they meet the requirements of the Electronic Signatures in Global and National Commerce (ESIGN) Act and the California Uniform Electronic Transactions Act (UETA) and are produced using a City-approved method. The presence of an electronic signature on this document shall be construed as the parties’ consent to do business electronically.

In concurrence and witness whereof, this Agreement has been executed by the parties effective on the date and year first above written.

Environmental Science Associates
Tom Barnes, Vice President
Monica Strauss, Vice President

CITY OF THOUSAND OAKS
Bob Engler, Mayor
ATTEST:

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

Andrew P. Powers, City Manager
APPROVED BY DEPARTMENT HEAD:

Kelvin Parker, AICP
Community Development Director
Item No.7G

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APPROVED AS TO FORM:

Office of the City Attorney
By: Patrick Hehir, Chief Assistant City Attorney
cdd:410-30\SJK\ H:\COMMON\Administration & Special Projects\Contracts-POs-Task Orders\ESA-Shapell-Conejo Summit EIR 2022-70771
Item No.7G

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EXHIBIT A

SCOPE OF WORK
________________________________________________________________ Scope of Work:

Environmental Science Associates (ESA) ("Consultant") is to provide support to the City of Thousand Oaks, a municipal corporation ("City"), to comply with the California Environmental Quality Act (CEQA) for the Conejo Summit Project (Project). A Focused Environmental Impact Report (EIR) is to be prepared for Project.

In accordance with Consultant’s understanding of the Project and knowledge of the Conejo Summit Mitigated Negative Declaration (MND) that the Consultant prepared, the Consultant is to convert the previously prepared MND to a Focused EIR and expand, revise and/or re-write various portions of the MND analyses to meet the requirements of an EIR under CEQA. The Consultant is to ensure the EIR meets the technical and legal standards required to comply with CEQA and the City’s environmental review process. The City of Thousand Oaks is to be the Lead Agency.

In general, the Scope of Work includes the following activities:
•Prepare and Distribute Initial Study/Notice of Preparation •Prepare and Distribute Draft EIR
•Revise and Distribute Public Draft EIR
•Prepare and Distribute Final EIR
•Management, Meetings/Teleconferences & Coordination
Task 1: Prepare and Distribute Initial Study/Notice of Preparation The Consultant will prepare an Initial Study/Notice of Preparation (IS/NOP) of a Draft EIR in accordance with State CEQA Guidelines Appendix G, for review by the City. Once the NOP is circulated that will be the new baseline for the proposed Project. The Consultant will use the IS process to determine which environmental issue areas do not have the potential to result in adverse impacts, and those environmental issue areas will be eliminated from further review in the EIR. Based on the previously prepared MND for the Project, the Consultant assumes that the following environmental issue areas may be eliminated from further analysis:

Agricultural and Forestry Resources, Hazards and Hazardous Materials, Mineral Resources, Population and Housing, and Recreation. However, final determination on the elimination of environmental issue areas will be dependent on the City’s concurrence.

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The IS/NOP will include the summarized Project Description, site map, a date and location of the public scoping meeting, a discussion on the environmental issue areas which require further analysis, and reasons why the remaining environmental issue areas will not be included in the EIR. The IS/NOP will also include a list of potential environmental permits and planning entitlements that may be needed to support the Project, identify the preparation of up to four alternatives to the Project, including a “no project alternative”, as known by the time of publication. The Consultant will compile a distribution list in coordination with the City of responsible and trustee agencies, adjacent property owners, and persons requesting notice. This Scope of Work assumes one round of review and revisions for the IS/NOP.

Once the IS/NOP is signed by the City, the Consultant will work with the City to determine the appropriate distribution strategy for the IS/NOP to begin the 30-day public scoping period. The Consultant will print and mail up to 15 hard copies of the IS/NOP. The Consultant will help the City file the NOP at the Ventura County Clerk and the State Clearinghouse.

Deliverables
Submittal of IS/NOP Distribution List (1 electronic copy in MS Word format) Submittal of Draft IS/NOP (1 electronic copy in MS Word format) Submittal of Final IS/NOP (15 hard copies, 1 MS Word copy, and 1 PDF copy for posting on the City’s website)
File NOP with State Clearinghouse via CEQANet
File NOP with the County Clerk via FedEx
Task 2: Prepare and Distribute Draft EIR
The objective of this task is to prepare a comprehensive, accurate, and objective Draft EIR for the proposed Project that fully complies with CEQA and all applicable guidance and procedures established by the City for the purpose of environmental review.

The Consultant will prepare a Draft EIR using the previously prepared analysis in the previously prepared MND. This Scope of Work assumes two rounds of review of the Draft EIR prior to publication of the public review Draft EIR (Draft EIR and Screencheck EIR). The Draft EIR will address each environmental issue having the potential for significant environmental impacts, and any additional issues that warrant consideration in the EIR raised by NOP comments and/or the previous MND comments received during public circulation. The Draft EIR will include all statutory sections required by CEQA. The Project Description prepared for the MND will be updated to include EIR required items (i.e. Project Objectives) and will inform the basis of the analysis. The Draft EIR will summarize the regulatory setting, environmental setting, environmental impact analysis, methodology, thresholds of significance, construction and operational impacts, and where Item No.7G

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needed, will include mitigation measures, significant and unavoidable adverse effects, and an analysis of cumulative impacts. The EIR will also address areas of controversy, effects found not to be significant, growth inducing impacts, alternatives, references, and organizations and persons consulted.

Based on the Consultant’s understanding of the Project and its setting, the Draft EIR will analyze the following environmental issues.
•Aesthetics/Visual Resources
•Air Quality
•Biological Resources
•Cultural Resources
•Energy
•Geology and Soils
•Greenhouse Gas Emissions
•Hydrology and Water Quality
•Land Use and Planning
•Noise
•Public Services
•Transportation
•Tribal Cultural Resources
•Utilities/Service Systems
•Wildfire
As discussed above, this Scope of Work assumes that the topics of Agricultural and Forestry Resources, Hazards and Hazardous Materials, Mineral Resources, Population and Housing, Recreation will be scoped out during the IS/NOP period.

As such, these topics will not be further analyzed and will be included in the EIR under the Effects Found Not to Be Significant section. If any of these topics are later determined to require full analysis in the EIR, this Scope of Work and associated budget will be revised accordingly. In addition, due to the restart of the baseline associated with the circulation of the NOP, the model runs and field reconnaissance prepared by the Consultant in support of the Conejo Summit MND would require updates/verification to include any changes that may have occurred to the site since the publication of the MND (e.g. air quality, biological resources, GHG). Technical reports prepared by the Consultant as part of the Conejo Summit MND that are determined to still be valid, even after a new baseline has been established, will be appended to the EIR along with new technical reports prepared for the Draft EIR. If it is determined that there are changes to the Project Description, new information is added or new assumptions are made (e.g.

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construction phasing schedule changes) requiring revisions to the technical report, this Scope of Work and associated budget items will need to be revised accordingly.

The Draft EIR will include the following sections:
■Table of Contents
■Introduction
■Executive Summary, including a comprehensive summary table of impacts and mitigation measures, areas of controversy, issues to be resolved, and a summary discussion of the proposed Project and its alternatives ■Project Description, including Project objectives, Project location(s), Project characteristics, and required approvals
■Introduction to the Analysis
■Environmental Analysis
Environmental Setting
Regulatory Framework (applicable federal, state, local, plans, policies, and standards)
Thresholds of Significance
Project Environmental Impacts (short-term construction, long-term operation, direct, and indirect)
Mitigation Measures (for potentially significant environmental issues) Level of Significance after Mitigation
Cumulative Environmental Impacts (short-term, long-term, direct, and indirect)
■Alternatives
■Growth-Inducing Impacts
■List of EIR Preparers
■References
■Appendices
Cumulative Impacts
Cumulative analyses are typically qualitative in nature and should be based upon known projects, either approved, proposed (applications on file), or reasonably foreseeable from the time of NOP, within a defined area around the proposed Project site, as determined by the factors relevant to each environmental issue area and identified in the traffic impact analysis. The Consultant will ensure that the cumulative impact assessment is based on potential development projects that may, in combination with the proposed Project, create cumulatively considerable Item No.7G

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environmental impacts, as required by Section 15130 of the State CEQA Guidelines. The Consultant will review and confirm the list of cumulative projects to be used as part of the cumulative impacts analysis.

Other CEQA Sections
Executive Summary. This section is typically in tabular format and the Consultant will ensure the section briefly describes the impacts of the proposed Project, the level of significance of impacts, recommended mitigation measures, and the level of significance after the recommended mitigation measures are implemented.

Growth-Inducing Impacts. The Consultant will discuss any potential growth- inducing and irreversible impacts of the proposed Project. Potential sources of growth inducement and their corresponding impacts, such as removal of obstacles to growth should be qualitatively analyzed, to the extent that they are applicable.

Alternatives. The Consultant will ensure the alternatives are accurately defined by first confirming that the Project objectives have been clearly met. The Draft EIR is to effectively assess alternatives in light of CEQA’s mandate to reduce significant Project-related impacts while meeting the Project’s basic objectives. The Consultant is to follow a two-tiered approach to the alternatives analysis, which is to (1) describe the alternatives screening process and (2) describe and analyze those alternatives selected for detailed study. The Draft EIR is to demonstrate the consideration given to a sufficiently broad range of alternatives.

The alternatives screening process will provide an opportunity for the Draft EIR to describe the process used to identify alternatives. The Consultant will ensure that this section describes a range of alternatives initially considered, including their ability to meet screening criteria. The Consultant will further ensure that any alternatives not carried forward for detailed analysis are identified, and the reason for the rejection of these alternatives is specified. For those alternatives described in detail, the Draft EIR will qualitatively address the anticipated environmental impacts, focusing on the environmental issue areas fully analyzed in the body of the Draft EIR but also considering all twenty environmental issues areas as the alternative may result in impacts to issue areas that the Project did not.

The Consultant will ensure that the alternatives are provided in a sufficient level of detail for comparison with the proposed Project. The Consultant will confirm that each alternative is evaluated with respect to each key impact category. The advantages and disadvantages of each alternative and the reasons for rejecting or recommending the alternative shall be discussed and the environmentally superior alternative shall be identified. During the course of the environmental analysis, minor variations to the proposed Project that could have the effect of reducing or eliminating environmental concerns may become apparent. The Consultant will provide recommendations on these variables, where feasible.

Appendices. All technical studies, survey results, data, and public and agency comments will be included as appendix material to the Draft EIR.

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Once completed, the Consultant will submit to the City an electronic copy of the Draft EIR for review. Once comments on the Draft EIR have been received from the City, The Consultant will incorporate all comments and finalize and submit a Screencheck Draft EIR to the Project team for review.

Deliverables:
Submit one (1) electronic copy (in Microsoft Word format) of the Draft EIR for one round of review.

Key Technical Disciplines
The Consultant’s technical team will revise the following technical evaluations to support the EIR findings: air quality/GHG, biological resources, energy, and noise.

The update to the technical reports regarding transportation and traffic will be provided by the City. Updated technical reports including but not limited to biological resources and water supply assessment will be provided by the applicant and reviewed by the Consultant.

Air Quality
The Consultant will update the potential air quality impacts that may arise from implementation of the Project, from the previous analysis included in the IS/MND completed in February 2022. As discussed in the previous IS/MND, Project construction has the potential to generate air contaminants through the excavation and grading of the Project site, the use of heavy-duty construction equipment, and through vehicle trips generated by construction workers and haul trips traveling to the Project site. The Project’s operational phase, light industrial uses would result in a net increase in mobile source (vehicle trips) and stationary source (energy consumption and other miscellaneous sources) emissions. The Consultant will update the Project’s construction and operational emissions using the most recent version of the Ventura County Air Pollution Control District (VCAPCD) recommended California Emissions Estimator Model (CalEEMod) and Emission FACtor (EMFAC), as a newer version became available (2020) after the release of the Draft MND and before the Draft EIR's NOP was released. Operational emissions will be based on estimated vehicle trips following Project build out and corresponding on-site area and stationary sources. Vehicle trips will be based on information previously provided in the Project’s traffic analysis prepared by Iteris dated December 21, 2020 and will be updated using the most recent version of EMFAC. The regional construction and operational emissions will be compared to the VCAPCD thresholds of significance as stated in the VCAPCD Air Quality Assessment Guidelines. Criteria air pollutant calculation worksheets will be included as an appendix to the Focused EIR.

The Consultant will expand the qualitative discussion presented in the IS/MND to assess the potential for the Project to contribute to localized CO hotspots at roadway intersections using the information provided in the traffic analysis Item No.7G

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provided by Iteris and guidance from the VCAPCD’s Air Quality Assessment Guidelines for screening CO levels at intersections. The potential odor impacts discussion from construction and operation will also be expanded qualitatively based on land use compatibility guidelines. Based on the Consultant’s understanding of the Project, no substantial sources of odors are anticipated; therefore, a similar qualitative assessment as discussed in the IS/MND is to be prepared.

The nearest air quality-sensitive land uses are located approximately 1,250 feet from the Project Site. Localized impacts using the updated air emissions using the updated models will be evaluated using the SCAQMD Localized Significance Threshold (LST) Methodology. If the Project exceeds the screening-level thresholds, then dispersion modeling may be required.

The potential for operational toxic air contaminant impacts will be assessed based on land use compatibility recommendations from CARB and the VCAPCD. Based on the Consultant’s understanding of the Project, increases in long term operational toxic air contaminant emissions would be similar to those identified in the IS/MIND. The Consultant assumes that operation the Project will not generate trips in excess of 50 heavy-duty diesel trucks per day and will not include routine (nonemergency) use of diesel generators; as such, a quantitative operational health risk analysis will not be required. Therefore, the Consultant will perform a qualitative analysis of operational toxic air contaminant impacts.

The Consultant will assess consistency of the Project with the most recent VCAPCD Air Quality Management Plan (AQMP), Thousand Oaks General Plan, and any pertinent air quality statutes and regulations at the local, regional, state, and federal level that are applicable to the Project. The Consultant will assess cumulative impacts by identifying any new related Projects within the vicinity that may have been proposed since February 2022 and address the CEQA consideration that the Project may have impacts that, although not individually significant, could be cumulatively considerable. If potentially significant impacts are found, the Consultant will develop mitigation measures for construction and operational emissions where feasible to address significant air quality impacts.

Mitigation measures will be based on measures recommended by the City and the VCAPCD, as well as other appropriate measures. In particular, the Consultant will address any dust control measures, with respect to the Valley Fever, necessary to minimize PM emissions during site preparation and grading. With regards to the air quality analysis, the Consultant assumes the previous data regarding construction and operations is still applicable.

Biological Resources
The Consultant’s biologist will conduct a follow-up site visit of the Project site to document current biological conditions and verify if findings included in the MND have or have not changed. Additionally, prior to the site assessment, the biologist will conduct a desktop analysis that will include the review of available relevant Item No.7G

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literature and data on sensitive habitats and special-status species distributions, and run a query of select resource databases such as the California Department of Fish and Wildlife California Natural Diversity Data Base, the California Native Plant Society Online Inventory of Rare and Endangered Plants and the U.S. Fish and Wildlife Information for Planning and Consultation System for information regarding sensitive species and habitats reported in the region. The information gathered during the site visit and desktop analysis will be compiled into a memorandum report, for reference in the proposed EIR.

Energy
The Consultant will update the Project’s anticipated construction energy needs based on estimated fuel consumption for construction equipment, haul trucks, vendor trucks, and construction workers utilizing the previous MND information and assumptions as discussed under the Air Quality and GHG tasks. The Consultant will also quantify the Project’s anticipated increase in operational energy needs at full buildout conditions based on the estimated electricity and natural gas usage for the Project uses. The Project’s water demand would result in electricity usage from the supply, conveyance, distribution, and treatment of potable water and will be included in the estimated electricity usage. The operational energy needs will take into account compliance with the Title 24 Building Energy Efficiency Standards and California Green Building (CALGreen) Code, as applicable. If the Project would implement additional energy or water efficiency measures beyond regulatory requirements, the effect of these measures on the Project’s energy impacts will be evaluated and quantified if data is readily available. The Consultant will also update the transportation-related energy needs based on the estimated fuel consumption for vehicle trips to and from the Project Site using trip rates in the Project’s traffic analysis and the estimated VMT. It is assumed that the anticipated Project electricity will remain the same from the previous analysis.

The Consultant will summarize the Project’s anticipated energy needs and conservation measures, including Project commitments, design features, and mitigation measures that would minimize and reduce the Project’s consumption of fuel and energy. As with air quality, it is assumed that the same data regarding construction and operations is still applicable and energy use for construction and operation will be analyzed for one scenario and one full buildout year.

Greenhouse Gas Analysis
The State Office of Planning and Research (OPR) published revised CEQA guidelines, effective on March 18, 2010, which requires a GHG analysis be prepared. The Consultant is to analyze GHG emissions in accordance with these guidelines. In general, the guidelines allow Lead Agencies to determine if a quantitative or qualitative analysis is most appropriate, and to establish specific significance criteria. The City has not adopted formal numeric threshold applicable to Project-level GHG analyses or a qualified GHG reduction plan from which the Item No.7G

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analyses of Project-level GHG impacts could tier. The Consultant is aware that the City is initiating a Climate and Environmental Action Plan in parallel with the City’s 2045 General Plan. Nonetheless, the Consultant proposes to quantify emissions of GHGs from construction and operation of the proposed Project, and analyze the consistency of these emissions with applicable state, regional, and City of Thousand Oaks ordinances, plans, and policies promulgated to reduce GHG emissions. The Consultant will also discuss and quantify (to the extent data is available) GHG reductions from land use characteristics (i.e., proximity to transit, proximity to job centers, walkability, etc.) and green building features that would be incorporated into the Project. GHG emission calculation worksheets will be updated and included as an appendix to the EIR. Mitigation measures will be based on measures recommended by the City and the State, as well as other appropriate measures that reduce GHG emissions.

Noise
The noise analysis will be reviewed and update, if necessary, to include new potential noise and vibration impacts associated with Project construction activities and construction vehicle trips, and to re-evaluate vehicular traffic noise along the haul route adjacent to the Project site. The Consultant will review the noise and vibration regulations and guidance included in the previous noise impact study, for the local, regional, state and federal level that are applicable to the Project’s noise and vibration sources. The Consultant will review and confirm the noise and vibration significance thresholds applicable to the Project based on the General Plan Noise Element and Municipal Code Noise Ordinance from the City of Thousand Oaks, and other applicable guidance documents.

To update the current ambient environment, the Consultant will conduct an ambient noise survey, including up to four short-term, 15-minutes, ambient noise measurements at representative sensitive uses in the Project vicinity, including trails and residences. The noise measurement results will be used to update and document existing noise environment around the Project site and establish the ambient-based threshold for potential noise impact assessment.

Construction noise levels will be reviewed and updated with typical equipment source noise levels suggested in the Federal Highway Administration’s (FHWA) Roadway Construction Noise Model (RCNM) and based on the updated information regarding the type of construction equipment that will potentially be used, the amount of activity that would occur, and the distance of the noise- sensitive receptors from the Project Site. Potential vibration impacts associated with construction activities will be reviewed or updated using vibration data provided by the Federal Transit Administration (FTA) and the California Department of Transportation (Caltrans) for different pieces of construction equipment.

The noise assessment for potential noise level estimates will be reviewed and updated using the available resources in past Consultant project experiences to Item No.7G

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estimate or update the future proposed land uses noise levels at the noise- sensitive land uses in the vicinity of the Project site. Vehicular traffic noise will be reviewed or updated with the FHWA’s Highway Traffic Noise Assessment Guidelines. The Consultant will also review or evaluate vibration impacts from vehicular traffic on adjacent roads. Potential vibration impacts, including building damages and human annoyance, will be reviewed or updated for Project construction, if needed.

The Consultant will review or update potential cumulative impacts on noise and vibration. The analysis will be based on the updated cumulative projects in the vicinity of the Project Site, including potential overlapping construction from any nearby related projects. The Consultant will also review or update cumulative plus Project traffic noise based on the Project’s updated cumulative traffic data in the Traffic Study.

Noise impact analysis will be updated and summarized in the noise section of the EIR.

Other Technical Disciplines
In addition to those technical disciplines discussed above, the Consultant will analyze all other topics included in the State CEQA Guidelines, Appendix G, except for those issue areas which were eliminated from further analysis. These areas include: Agricultural and Forestry Resources, Hazards and Hazardous Materials, Mineral Resources, Population and Housing, and Recreation. The level of detail provided in the Draft EIR for each environmental discipline will be tailored to its applicability to the Project.

Task 3: Revise and Distribute Public Draft EIR
The Consultant will submit the Screencheck Draft EIR to the City for review. The Consultant anticipates one round of comments before the Public Review Draft EIR copy is finalized. The Consultant will prepare a Notice of Completion and a Notice of Availability (NOA) and will distribute the Public Review Draft EIR to a list of agencies and organizations agreed to by the City. The Consultant will prepare a scoping meeting presentation and sign in sheets; however, the Consultant assumes the City will lead the presentation for the Project. The list will include but not be limited to the State Clearinghouse, the County Clerk, Responsible Agencies, adjacent jurisdictions, and local libraries. The Consultant will also send copies of the NOA the individuals who commented on the NOP as well as parties that commented on the MND. The Consultant will prepare an advertisement for a local newspaper; however, it is assumed the City will coordinate posting of the advertisement. The Consultant will submit a copy of the NOA to the Ventura County Clerk. The Consultant will also prepare files for posting the Public Review Draft EIR on the City’s website and produce CDs of the Public Review Draft EIR for City distribution.

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Deliverables
Screencheck Draft EIR for review (electronic files)
Public Review Draft EIR (electronic file, up to 5 hard copies with appendices on CD)
Notice of Completion and Notice of Availability
Prepare a newspaper advertisement
Prepare a scoping meeting presentation and sign in sheets.

Task 4: Prepare and Distribute Final EIR
At the close of the 45-day public review period for the Draft EIR, The Consultant will coordinate with the City to obtain all public comments. The Consultant will review the comments, number and bracket each comment letter received and will meet with the City to discuss issues raised and establish an approach for responding to comments. After consultation regarding the issues raised, The Consultant will prepare a Screencheck Final EIR. The Consultant will organize and summarize the comments received on the Draft EIR and prepare responses to the bracketed comment letters, develop edits to the text of the Draft EIR via a Responses to Comments Chapter, as applicable, and include corrections and staff-initiated changes to the Draft EIR, if necessary. The Draft EIR will not be revised; rather textual changes to the Draft EIR will be identified in the Reponses to Comments Chapter in the Final EIR.

The Consultant assumes that the City will compile and transmit all written comments on the Draft EIR throughout the public review period as one unified set of comments following the close of the public review period. The Consultant will prepare a matrix of comments, which will include the comment letter, the comment number within the comment letter, the issue area of the Draft EIR to which it applies, and whether the response will be an individual response or a topical/master response. The Consultant assumes that the applicant’s consultants that prepared the water supply assessment and the City’s traffic consultant who prepared the traffic technical reports will be available to assist in responding to comments provided on their specific analysis, if needed. Responses that are within this proposal’s Scope of Work and budget consist of explanations, elaboration, or clarification of the data contained in the Draft EIR with a budgeted effort of up to 48 hours for the Consultant’s technical staff to prepare responses and an additional 8 hours for the Consultant’s publication staff to produce the Administrative Draft Response to Comments document.

The Consultant will prepare a Mitigation Monitoring and Reporting Program (MMRP) that describes the required mitigation necessary to avoid or reduce significant impacts, the responsible parties, tasks, and schedule necessary for monitoring mitigation compliance. Once the City approves the Final EIR, the Consultant will assist the City with distribution of the Final EIR to the appropriate Item No.7G

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agencies and organizations, including those agencies that commented on the Draft EIR. The Consultant will prepare electronic files for posting of the document to the City’s website and will prepare CDs of the Draft EIR for distribution by the City. The Consultant will prepare a Draft and Final Findings of Fact and the Statement of Overriding Considerations (SOC), if needed. Within 5 days of the Final EIR being certified by the decision-makers, the Consultant will prepare and file the Notice of Determination (NOD) with the County Clerk and State Clearinghouse.

Deliverables
1st Screencheck Final EIR for Review
2nd Screencheck (Proof-Check) Final EIR for City Review Final EIR for Public Distribution (electronic files, 5 hard copies) Submittal of MMRP, Findings of Fact and Statement of Overriding Considerations (1 electronic copy in MS Word and PDF formats) Notice of Completion (electronic files)
Notice of Determination (electronic files, 1 hard copy) File Final EIR with the City, Ventura County Clerk, and State Clearinghouse The Consultant assumes the Applicant will pay the filing fees ($3,445.25 CDFW EIR document filing fee, plus the County Clerk’s processing fee of $75)
Task 5: Management, Meetings/Teleconferences & Coordination The precise number of meetings and the duration and staffing of meetings required to complete the environmental review process cannot be accurately predicted, accordingly the Consultant has assigned a budget allowance for this task. For purposes of establishing a cost estimate the Consultant has assumed biweekly conference calls leading up to publication of the Draft EIR. In addition, throughout the process, coordination with the City staff will be required for technical input to the EIR and to address questions or comments.

Schedule
The table below illustrates the general anticipated timeline for completion of the EIR. Fundamental to maintaining schedule is that once drafted prior to issuance of the NOP, the Project Description will remain substantially unchanged throughout the process.

The Consultant Project Team will commit the resources to ensure preparation of the EIR and related environmental documents by the Consultant within the desired time frame. However, in the event that changes to the Project Description occur, new Project information is provided, changes in technical reports based on new information, comments greatly exceed anticipated levels, or if changes in the scope occur, the schedule would be affected. The Consultant will notify the City Item No.7G

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at the earliest point possible if issues arise with the potential to affect the Project schedule.

Schedule
Task Description Timeframe
Prepare Initial Study/Notice of Preparation 2 weeks
City review Initial Study/Notice of Preparation 2 weeks Distribute Notice of Preparation
30-Day CEQA review period 4 weeks
Prepare Draft EIR 8 weeks
City review of Draft EIR 2 weeks
Revise and Prepare Screencheck EIR 2 weeks
City review of Screencheck EIR 2 weeks
Revise and Distribute Public Review Draft EIR 2 weeks
45-Day CEQA review period 6 weeks
Prepare/Review/Complete Final EIR 4 weeks
City review of Screencheck EIR 2 weeks
Overall EIR Schedule up to public hearings 9 Months
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EXHIBIT B

SCHEDULE OF FEES
________________________________________________________________ Cost
Based on the Consultant’s understanding of the Project and the Scope of Work provided, the Consultant prepared the following estimated cost proposal to prepare the EIR and associated documentation. The Consultant reserves the right to transfer fees among line items, as budget flexibility is needed to respond to shifts in effort that invariably occur due to unexpected circumstances. Should the need arise for additional professional services beyond those set forth in the Scope of Work (Exhibit A) due to changes in the process or the regulatory environment, the Consultant will request written authorization from the City to proceed prior to the initiation of the additional services. Costs are not to exceed the estimate below as long as items contained within this Scope of Work do not substantially change.

PERSONNEL COMPENSATION
Classification Hourly Rate
Director II $245
Managing Associate III $220
Managing Associate II $205
Senior Associate II $170
Associate II $135
Associate I $115
Project Technician III $130
Project Technician II $110
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MISCELLANEOUS COMPENSATION
Printing Reproductions (to be charged at direct cost) estimated at $800 Postage and Deliveries (to be charged at direct cost) estimated at $800 Mileage (to be charged consistent with the Internal Revenue Service standard milage rates in effect at the time of travel) estimated at $500 Table #: Cost ProposalESA Labor Detail and Expense Summary Labor Category Director II Managing Associate III Managing Associate II Senior Associate II Associate II Associate I Subtotal Project Technician III Project Technician II Subtotal Total Hours Labor PriceTask # Task Name/Description 245$ 220$ 205$ 170$ 135$ 115$ 130$ 110$ 1.0 Prepare IS/NOP 4 6 40 6,440$ 8 4 1,480$ 62.00 7,920$ 2.0 Prepare Draft EIR -$ -$ - -$ Aesthetics/Visual Resources 2 4 6 1,640$ 2 260$ 14.00 1,900$ Air Quality 2 8 2 16 4,580$ 2 260$ 30.00 4,840$ Biological Resources 2 16 3,160$ 1 130$ 19.00 3,290$ Cultural Resources 1 10 6 2,755$ 2 220$ 19.00 2,975$ Energy 1 3 1 16 3,165$ -$ 21.00 3,165$ Geology and Soils 2 2 12 2,370$ 1 130$ 17.00 2,500$ Greenhouse Gas Emissions 2 4 1 16 3,590$ -$ 23.00 3,590$ Hydrology and Water Quality 4 8 1,900$ -$ 12.00 1,900$ Land Use and Planning 2 4 2 8 2,280$ -$ 16.00 2,280$ Noise 14 1 16 5,445$ 2 260$ 33.00 5,705$ Public Services 1 2 8 1,625$ -$ 11.00 1,625$ Tribal Cultural Resources 1 10 1,945$ -$ 11.00 1,945$ Transportation 2 2 8 1,830$ 2 260$ 14.00 2,090$ Utilities/Service Systems 1 10 1,555$ -$ 11.00 1,555$ Wildfire 2 8 1,770$ -$ 10.00 1,770$ Alternatives 8 8 32 6,400$ 1 130$ 49.00 6,530$ Growth Inducing Impacts 2 4 12 2,330$ -$ 18.00 2,330$ Cumulative Impacts 4 4 16 3,200$ 1 130$ 25.00 3,330$ 3.0 Revise Screencheck DEIR and Publish Public EIR 2 2 24 24 32 48 19,770$ 16 16 3,840$ 164.00 23,610$ 4.0 Final EIR/RTC 4 4 32 12 16 32 16,300$ 8 8 1,920$ 116.00 18,220$ 5.0 Project Management/Meetings 12 48 12,780$ -$ 60.00 12,780$ -$ -$ - -$ -$ -$ - -$ Total Hours 20 27 154 100 186 194 681 44 30 74 755Total Labor Costs 4,900$ 5,940$ 31,570$ 17,000$ 25,110$ 22,310$ 106,830$ 5,720$ 3,300$ 9,020$ 115,850$ Percent of Effort - Labor Hours Only 2.6% 3.6% 20.4% 13.2% 24.6% 25.7% 90.2% 5.8% 4.0% 9.8% 100.0%Percent of Effort - Total Project Cost 4.2% 5.0% 26.8% 14.4% 21.3% 18.9% 4.8% 2.8% 98.2% ESA Labor Cost 115,850$ Labor Cost Communication Fee -$ ESA Non-Labor ExpensesReimbursable Expenses (see Attachment A for detail) 2,100$ ESA Equipment Usage (see Attachment A for detail) -$ Subtotal ESA Non-Labor Expenses 2,100$ Subconsultant Costs (see Attachment B for detail) -$ PROJECT TOTAL 117,950$
Attachment ACost Proposal: ESA Non-Labor Expenses Summary -$ 800$ -$ 800$ 500$ -$ -$ -$ -$ -$ -$ -$ Subtotal Reimbursable Expenses 2,100$ 0%Fee on Reimbursable Expenses -$ Total Reimbursable Expenses 2,100$ Other Travel Related00-
Postage and DeliveriesMileageVehicle RentalLodgingAirfare Reimbursable ExpensesProject SuppliesPrinting/ReproductionDocument and Map Reproductions (CD + Digital Photo) Item No.7G

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Additional staff levels and types of reimbursable expenses may be added to meet the needs of the Project; however, the additional items may not exceed the total cost of the agreement.

Factors triggering an increase in the scope of services and fee may include, but are not necessarily limited to: modifications in the Project after the Project Description has been drafted; changes to technical reports, changes in approved projects used for the cumulative impact analysis after work has been completed; more team or City comments than estimated; more meetings/meeting time than estimated; more public comments than contemplated; production of additional documents; or significant delays in the Project beyond the control of the Consultant.

Item No.7G

TO:Andrew P. Powers, City Manager
FROM:Kelvin Parker, Community Development Director
DATE:September 13, 2022
SUBJECT: On-Call Task Order for Lang Ranch and Woodridge Open Space RECOMMENDATION:

Approve an On-Call Task Order for Contract No. 12373-2020 with MNS Engineering, Westlake Village, California, in the amount of $120,420 for an assessment of, and a long-term maintenance and management plan for, unpaved roads located on the Lang Ranch and Woodridge Open Space areas.

FINANCIAL IMPACT:

No Additional Funding Requested. $120,420 Task Order will be paid for out of grant funds provided to COSCA by the Santa Monica Mountains Conservancy (SMMC). Minimal costs for staff time to process the task order are included in the Adopted FY 2022-23 General Fund Budget.

BACKGROUND:

The Public Works Department, Community Development Department, and Finance Department utilize professional services on a regular basis for a variety of projects. To ensure these projects are completed in a timely and efficient manner, on-call agreements with pre-qualified companies are often used. These agreements and services are also available for use during an emergency.

Community Development Department staff are requesting approval of a task order on an existing on-call contract to prepare an assessment and management plan for unpaved roads on the Lang Ranch and Woodridge open space areas.

COSCA’s land management goals depend on access to open space along existing un-paved roadways that provide access for resource management, emergency response, fire protection, utility access, regular ranger patrols, and law enforcement. This project addresses roads located in two COSCA Open Space areas: Lang Ranch and Woodridge (Attachment #1). Within the project area, approximately eight miles of un-paved roads provide access for management purposes. Many of these existing roads were created to serve historic agricultural uses and are not engineered structures.

Item No.7H

On-Call Task Order for Lang Ranch and Woodridge Open Space September 13, 2022

3 7
4 Roads within the project area are made of native materials. Historic maintenance practices have consisted of regular re-grading of the roadbed and installation and maintenance of culverts. Over time, repeated road grading has contributed to roadbed incision and concentration of storm water flow during storms that leads to erosion. In addition, the progressive widening of roads beyond their service needs causes unnecessary impacts to open space resources, such as the expansion of invasive plants. Having sustainably managed roads is vital to public safety and natural resource management. This project is the first step in planning for a more sustainable road management program.

The purpose of this project is to document existing road conditions within the project area, identify potential erosion threats and causes, identify other potential road deficiencies, develop general prescriptions for existing deficiencies, provide a framework for prioritizing road improvement projects, and prepare a road maintenance plan/program that provides a written manual of standard procedures.

The written standards manual will describe and illustrate cost effective techniques and practices which can be used to enhance stability and maintenance of unpaved roadways. The plan will describe and account for existing road materials, slope, existing width, desired width, existing and recommended drainage structures and strategies, and costs associated with repairs as stated in the Scope of Work for the Task Order (Attachment #2)
DISCUSSION/ANALYSIS:

To prepare the un-paved roads assessment and management plan, staff solicited proposals from professional civil engineering firms with experience on transportation projects.

In accordance with Government Code section 4526 and Thousand Oaks Municipal Code section 3-10.401, staff solicited an informal Request for Proposals/ Qualifications (RFP/Q) to existing on-call wastewater consultant firms for the SSMP Update anticipating the work could be completed under the threshold (less than $125,000) of a task order. Unlike the low bid requirements of the Public Contract Code, contracts for professional, management, general or special services should only be awarded to firms or persons who have demonstrated an adequate level of experience, competence, training, credentials, resources, staffing, and other professional qualifications necessary for more than a satisfactory performance of the services solicited. The award of an RFP/Q is based upon a variety of factors that demonstrate best value to the City for the solicited scope of service. The cost of the service may be considered as one of those factors; however, the lowest cost is not the sole factor in deciding who will be awarded the contract.

Item No.7H

On-Call Task Order for Lang Ranch and Woodridge Open Space September 13, 2022

3 7
4 Staff initially issued an informal Request For Proposals (RFP) to seven companies on the City’s on-call list for companies providing engineering services related to the project needs on May 18, 2022. Only one proposal was received from MNS Engineers, Inc. (MNS). The informal RFP was re-circulated to 15 firms on the City’s on-call list, including the original 7, on July 1, 2022 to solicit additional competitive bids. Again, only MNS submitted a proposal. Feedback received from non- responsive firms listed the lack of qualified staff as the primary reason for not submitting a proposal.

Staff evaluated the proposal based on project understanding, relevant experience, clarity of the proposal, conformity with the RFP, and the qualification of the project team. The proposal was found to be complete and responsive to project needs.

MNS is a full-service civil engineering company with staff expertise in transportation engineering. Project experience described in the proposal includes projects of similar and larger magnitude, including un-paved access roads and projects in natural areas similar to COSCA open space. Recently, they provided services for the Conejo School Road and Willow Lane Sidewalk and Bike Lanes Project for the City. MNS has also successfully provided surveying services to COSCA. MNS has the necessary qualifications to perform the proposed work within the project budget and was thus chosen to perform the project. A detailed scope of work and consulting fees have been negotiated and finalized with MNS.

Staff recommends approval of Task Order No. 4 under the On-Call Professional Services Agreement with MNS Engineers, Inc.

The original on-call contract for MNS, Contract No. 12373-2020, was approved by City Council on June 23, 2020, and has a term beginning on July 1, 2020, and ending on June 30, 2023.

The proposal price received for the project is $120,420. The amount available in the on-call contract is $200,000.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goal:

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

PREPARED BY: Brian Stark, COSCA Administrator
Attachment:

Attachment #1 - Project Area Map
Attachment #2 - Task Order
CDD:531-85\ H:\COMMON\COSCA\Resource Management (531-85)\Infrastructure\Roads Management\RFPQ - Lang Ranch Roads Maintenance Plan\Council Actions - Task Order\STAFF REPORT - Task Order Approval - Lang Ranch Roads Assessment and Plam.docx
Item No.7H

14 ATTACHMENT 1 – PROJECT AREA MAP
ATTACHMENT#1
Item No.7H

ATTACHMENT #2
TASK ORDER NO. 4 Page 1 of 1
Consultant/Contractor: On Call Agreement Amount: $ 200,000.00 Agreement No.: Prev. Approved Task Orders: $ 0.00
Agreement Date: This Task Order: $ 120,420.00
Agreement Expiration Date: On Call Agreement Balance: $ 79,580.00 DIR Registration Number: City Council Approval Date: 6/23/2020 DIR Expiration Date: City Business License Number: 22-20210 CI Project or O & M Account No.

Project Name:

SCOPE OF WORK FOR THIS TASK ORDER:

NOT-TO-EXCEED FEE AMOUNT FOR THIS TASK ORDER: $ 120,420.00 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:

Envicom Corporation
Approved By: Date:

Attested By: Date:

CDD: 531-85\H:\COMMON\COSCA\Resource Management\Infrastructure\Roads Management\RFPQ - Lang Ranch Roads Maintena Completion by: month day, Year
*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 conditions 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
Gary Rogers, Deputy City Manager
City of Thousand Oaks
Brian Stark, COSCA Administrator
Cynthia M. Rodriguez, City Clerk
6/30/2023
MNS Engineers
1000003564
City of Thousand Oaks
12373-2020
7/1/2020
6/30/2023
Unpaved Roads Assessment and Management Plan
889-0000-238-23-00
City of Thousand Oaks
Travis Cullen, President
Andrew P. Powers, City Manager
Bob Engler, Mayor
City of Thousand Oaks
Anna Huber, CDD Analyst

ON CALL AGREEMENT

TASK ORDER
Consultant will prepare an assessment and management plan for unpaved roads in COSCA open space as set forth in the attached Scope of Work, Exhibit A.

Noel Doran, Assistant City Attorney
Rev. 4/12/22
Item No.7H

Exhibit A – Scope of Work

1. CONSULTANT will prepare a comprehensive evaluation report of existing road conditions within the project area.
a. CONSULTANT will physically inspect all roads in the project area noting road characteristics including: width, slope, surface condition, drainage characteristics, and note other characteristics indicative of existing and future road erosion and / or maintenance needs.

2. CONSULTANT will locate and inspect all drainage infrastructure including culverts, rolling dips, water bars, and other drainage structures, and prepare a report of infrastructure condition.

3. CONSULTANT will map road and drainage conditions listed above at a scale and at intervals appropriate for establishing maintenance plans and repair priorities.

4. CONSULTANT will prepare a roads repair, management, and maintenance plan that includes the following items:
a. A programmatic narrative describing the importance of roadway management and road management goals.
b. Identification and prioritization of existing roadway threats and general prescriptions for reducing damage risk.
c. Best management practices guide for maintaining road surfaces, ditches, culverts, outlet protection, bank stabilization, erosion and sediment control, aesthetics, and disposal of excess materials. This should be in sufficient detail to inform maintenance operators.

Item No.7H

TO:Andrew P. Powers, City Manager
FROM:Kelvin Parker, Community Development Director
DATE:September 13, 2022
SUBJECT: On-Call Task Order for Biological Monitoring Services RECOMMENDATION:

Approve an On-Call Task Order for existing City Contract #12474-2020 with Envicom Corporation, based in Thousand Oaks, in the amount of $113,570 for biological monitoring services associated with the Arroyo Conejo Invasive Plant Removal Project.

FINANCIAL IMPACT:

No Additional Funding Requested. The $113,570 Task Order will be paid out of existing Conejo Open Space Conservation Agency (COSCA) funds appropriated by the COSCA Board of Directors, and grant funds provided to COSCA by the Santa Monica Mountains Conservancy (SMMC). Minimal cost for staff time to process the task order are included in the Adopted FY 2022-23 General Fund Budget.

BACKGROUND:

The Public Works Department, Community Development Department, and Finance Department utilize professional services on a regular basis for a variety of projects. To ensure these projects are completed in a timely and efficient manner, on-call agreements with pre-qualified companies are often used. These agreements and services are also available for use during an emergency.

Community Development Department staff are requesting approval of a task order (Attachment #1) on an existing on-call contract with Envicom Corporation to provide environmental monitoring services for the Arroyo Conejo Invasive Plant Removal Project. The original on-call contract, contract number 12474- 2020, was approved by the City Council on June 23, 2020 and has a term beginning on July 1, 2020 and ending on June 30, 2023.

Item No.7I

On-Call Task Order for Biological Monitoring Services
September 13, 2022

3 7
5 COSCA is coordinating the planning and implementation of the Arroyo Conejo Invasive Plant Removal Project. The project will entail the removal of Arundo donax (giant reed) and Mexican fan palms from COSCA-owned properties located in Arroyo Conejo. The project is designed to improve riparian habitats by removing competing non-native plants and improve fire safety by reducing fire fuel loads created by these species.

An application was submitted to the California Department of Fish and Wildlife (CDFW) for a Streambed Alteration Agreement (SAA) and an Agreement between COSCA and CDFW was successfully negotiated that outlines conditions under which the project will be implemented. Among the project requirements is the retention of a biological monitor to conduct onsite monitoring during project activities.

DISCUSSION/ANALYSIS:

In accordance with Government Code section 4526 and Thousand Oaks Municipal Code section 3-10.401, COSCA staff solicited an informal Request for Proposals (RFP) to existing on-call environmental compliance firms for the biological monitoring work anticipating the work could be completed under the threshold (less than $125,000) of a task order. Unlike the low bid requirements of the Public Contract Code, contracts for professional, management, general or special services should only be awarded to firms or persons who have demonstrated an adequate level of experience, competence, training, credentials, resources, staffing, and other professional qualifications necessary for more than a satisfactory performance of the services solicited. The award of an RFP is based upon a variety of factors that demonstrate best value for the solicited scope of service. The cost of the service may be considered as one of those factors; however, the lowest cost is not the sole factor in deciding who will be awarded the contract.

Staff issued the informal Request for Proposals on June 1, 2022, to seven contracting firms performing these services that have existing on-call contracts with the City. From this solicitation, two response proposals were received from Aspen Environmental Group and Envicom Corporation (Envicom). Other firms declined to submit proposals due to their high number of existing commitments and insufficient staffing resources. All proposals were reviewed by COSCA staff based on project understanding, clarity of proposal, relevant experience, conformity with the RFP, and qualifications of the project team. After review, COSCA staff selected Envicom. Envicom has extensive experience providing monitoring services for invasive vegetation removal projects and coordinating with CDFW, and have been approved by CDFW to perform the requested work.

Envicom has also successfully completed prior projects for the City and COSCA.

Item No.7I

On-Call Task Order for Biological Monitoring Services
September 13, 2022

3 7
5 Therefore, Envicom has been selected to perform the required monitoring services.

The scope of work for the Envicom task order consists of a review of the project implementation plan and all regulatory documents and permits, implementation of required pre-project biological surveys, and daily onsite monitoring of project implementation.

The proposal price received for the project is $113,570 and the amount available in the on-call agreement is $500,000.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goal:

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

PREPARED BY: Brian Stark, COSCA Administrator
Attachments:

Attachment #1 –Task Order
CDD:531-85\H:\COMMON\COSCA\Resource Management\Invasive Species\Arroyo Conejo Arundo-Palm Project\Council Task Order Approval\DRAFT STAFF REPORT - Task Order Approval - Biological Monitoring.docx Item No.7I

ATTACHMENT #1
TASK ORDER NO. 4 Page 1 of 1
Consultant/Contractor: On Call Agreement Amount: $ 500,000.00 Agreement No.: Prev. Approved Task Orders: $ 0.00
Agreement Date: This Task Order: $ 113,570.00
Agreement Expiration Date: On Call Agreement Balance: $ 386,430.00 DIR Registration Number: City Council Approval Date: 6/23/2020 DIR Expiration Date: City Business License Number: 22-40647 CI Project or O & M Account No.

Project Name:

SCOPE OF WORK FOR THIS TASK ORDER:

NOT-TO-EXCEED FEE AMOUNT FOR THIS TASK ORDER: $ 113,570.00 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:

Envicom Corporation
Approved By: Date:

Attested By: Dat e:

H:\COMMON\COSCA\Resource Management (531-85)\Invasive Species\Arroyo Conejo Arundo-Palm Project\Envicom\Task Order # Bob Engler, Mayor
City of Thousand Oaks
Anna Huber, CDD Analyst

ON CALL AGREEMENT

TASK ORDER
Biological monitoring during vegetation removal work as set forth in the attached Scope of Work, Exhibit A.

Noel Doran, Assistant City Attorney
889-0000-238-21-00
City of Thousand Oaks
Travis Cullen, President
Andrew P. Powers, City Manager
6/30/2023
Envicom Corporation
1000020523
City of Thousand Oaks
12474-2020
6/23/2020
6/30/2023
Biological Monitoring Assistance for the Arroyo Conejo Invasive Plant Removal Project Completion by: October 15, 2027
*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 conditions 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
Gary Roger, Deputy City Manager
City of Thousand Oaks
Brian Stark, COSCA Administrator
Cynthia M. Rodriguez, City Clerk
DPW: XXX-XX/XX/Non-Council/Task Orders/Consultant or Contractor/TO #_.xls Rev. 4/12/22 Item No.7I

Contract 12474-2020 Task Order 4
Scope of Work

GENERAL
The scope of work for Biological Monitoring Assistance for the Arroyo Conejo Invasive Plant Removal project will consist of the following tasks:

TASK A – Project Management.

The consultant shall arrange and conduct all meetings, prepare a meeting agenda two days in advance for COSCA Project Manager review/comments, prepare meeting summary of discussions/decisions, and email a copy to all attendees for review and concurrence. The meeting summary shall include action items by COSCA and/or Consultant.

Subtask A-1) Initial Kickoff Meeting (virtual) – To include at a minimum: project team introduction, formalizing methods of communication, Consultant’s presentation of project approach and receiving feedback from COSCA staff, discussing project schedule and milestones, providing a list of requested project information and documents, etc.

Subtask A-2)
Work Plan – Consultant shall prepare a Work Plan that includes a list of tasks and deliverables, milestone submittal schedule, summary of organization responsibilities and contacts, as well as budget per task. The Work Plan shall be submitted after the initial kick-off meeting, prior to the initiation of other tasks.

Subtask A-3)
Progress Meetings (virtual, estimate 3 meetings/2hrs per meeting) – To discuss work progress, project challenges and/or issues, schedule updates/revisions, proposed recommendations, etc.

Subtask A -4)
Project Management - Management of any identified subconsultant team members, coordination with the COSCA Project Manager, submission of project invoices in a format acceptable to COSCA.

TASK B – D
ocument Review.

The consultant shall review and be familiar with the contents of the project’s regulatory agency approval documents (attached). These documents consist of:
• CA Dept. of Fish and Wildlife Streambed Alteration Agreement • Ventura County Watershed Protection District Encroachment Permit TASK C – Project Information and Training (SAA conditions 1.6, 1.11).

Subtask C-1) Pre-Project Meeting and WEAP Training -
Prior to initiation of all construction activities (including staging and mobilization), the Designated Biologist shall hold a pre- project meeting/briefing for all field personnel Item No.7I

associated with project construction to discuss all project site- related conditions per the documents listed in Task B and the importance of compliance therewith.

This meeting shall also include a Worker Environmental Awareness Program (WEAP) training to convey to workers the importance of not harming or harassing native wildlife or damaging associated habitat, to assist workers in recognizing special status biological resources with the potential to occur in the project site, and to assist workers in recognizing invasive species and the importance of decontaminating shoes/boots (i.e., remove all visible soil/mud, plant materials, and animal remnants) prior to entering/exiting different waterbodies.

This training shall include information about all special -status species determined to be present or to have a moderate or high potential to occur on site. Training shall also address protected nesting birds, special status plants, and sensitive habitats, as well as other special status species potentially occurring in the project site.

The specifics of this program shall include identification of special status species and habitats, a description of the regulatory status and general ecological characteristics of special status resources, and review of the limits of construction (e.g., sensitive habitats, nesting bird buffer) and measures required to avoid and minimize impacts to biological resources within the project site. Interpretation shall be provided for non- English speaking workers.

The crew foreman shall be responsible for ensuring crew members adhere to the guidelines and restrictions designed to avoid impacts to special status species. If new construction personnel are added to the project, the crew foreman shall ensure the new personnel receive the WEAP training before starting work.

Subtask C-2) Fact Sheet - Prepare a fact sheet conveying the information presented in the WEAP and distribute to all contractors, their employees, and other personnel involved with construction of the projec t. Educational materials may be brief and concise but should illustrate sensitive species and their habitat, discuss any specific measures to protect the species, what to do if the species is observed, and so forth.

Subtask C-3)
Training Acknowledgment - Prepare a training acknowledgement form.

Distribute the form to all field personnel associated with project construction to document their attendance of the WEAP and understanding of the information presented. Collect all signed acknowledgments for transfer to the Project Manager.

TASK D – P
re-Construction Surveys (SAA conditions 2.5, 2.10, 2.11, 2.13, 2.16, 2.17).

Subtask D -1) Preconstruction Survey - The Designated Biologist shall conduct a minimum of two pre-project surveys within and adjacent to the proposed work area no more than two (2) weeks prior to the start of Project activities. Pre -project surveys shall occur one week apart from each other and shall include: a) general surveys for botanical and wildlife resources; and b) work areas with flowing or standing water shall be visually surveyed for any aquatic species that may be impacted by Project activities.

Subtask D-2
) Bat Roosts Survey - A qualified bat specialist shall confirm the presence or absence of any bat roosts in palm trees identified for removal prior to the initiation of project activities. Focused surveys using electronic detection shall be used to Item No.7I

identify general bat use and any special status bat species using any habitat proposed for removal or disturbance.

If bats are not detected, but the bat specialist determines that roosting bats may be present at any time of year and could roost in palm trees, the Designated Biologist shall coordinate with the contractor to ensure that palm trees planned for removal are removed in a manner that enables bats to escape prior to felling.

Subtask D-3) Southwestern Pond Turtle Survey - Areas of standing or slowly moving water that will be crossed by project vehicles shall be surveyed for southwestern pond turtles (SWPT) in accordance with United States Geological Survey protocols provided at the following CDFW link: https://wildlife.ca.gov/Conservation/Survey - Protocols#377281283-reptiles; reference the Draft USGS Western Pond Turtle (Emys marmorata) Visual Survey Protocol for the Southcoast Ecoregion (USGS, 2006) and the Draft USGS Western Pond Turtle ( Emys marmorata) Trapping Protocol for the Southcoast Ecoregion (USGS, 2006).

Subtask D-4
) Survey Report - Pre-construction survey results shall be summarized in a brief report and submitted to COSCA staff within 48 hours of survey completion.

COSCA staff will then forward the information to CDFW for review no later than 48 hours prior to the start of Project activities. If any special status species are observed during the surveys, the Designated Biologist shall inform COSCA staff immediately.

COSCA staff will then consult with CDFW.

Subtask D-5)
Demarcation of Sensitive Areas - Upon completion of pre- construction surveys and prior to the start of project activities, the Designated Biologist shall demarcate the sensitive habitat areas, including nesting birds, to prevent damage to adjacent habitat and to provide visual orientation to its limits. Marking shall be in place during all periods of operation. All persons employed or otherwise working on the Project site shall be instructed about the restrictions that the marking represents. The Designated Biologist shall remove all temporary flagging, fencing, and/or barriers from the Project site and vicinity of the stream upon completion of Project activities.

TASK E – S
ite Monitoring (SAA conditions 2.2, 2.3, 2.4, 2.6, 2.35, 1.13).

Subtask E -1) Daily Monitoring During Initial Bio mass Removal - The Designated Biologist shall be present at the site daily to survey the work area immediately prior to the start of project activities and to monitor all project activities within and adjacent to CDFW jurisdictional streambed areas and ensure activities remain in compliance with project site conditions. Initial removal is anticipated to take approximately 80 days.

As part of this monitoring, the Designated Biologist will identify safe and pre- determined relocation areas suitable for any species that may need to be moved out of harm’s way
During all vegetation removal activities and any other activities that have the potential to affect plant or wildlife resources, the Designated Biologist shall monitor for non- listed, special-status, and/or common ground-dwelling vertebrates encountered in the path of Project -related activities. If any wildlife is encountered during the course of construction, said wildlife shall be allowed to leave the construction area unharmed and/or the Designated Biologist shall make every effort to move the species out of Item No.7I

harm’s way to the extent feasible by doing one of the following: (1) Utilize shovel, rake, or similar hand tool to gently re-direct the animal out of work area; (2) Install silt fence or other exclusionary fencing to prevent species from re- entering disturbance area; and (3) If the Designated Biologist has the appropriate handling permits, capture/move species to appropriate habitat outside the disturbance area. The Designated Biologist shall have the authority to temporarily stop construction activities until the species is determined to be out of harm’s way. Any exclusionary devices shall be checked by the Designated Biologist on a daily basis to check/ensure continued exclusionary device effectiveness.

While conducting daily monitoring, the Designated Biologist shall also inspect all vehicles, 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 prior to entering and exiting the stream.

After any storm event, the Designated Biologist 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 Designated Biologist shall coordinate with the contractor to implement such measures.

Subtask E-2) Monitoring During Maintenance Phase - The Designated Biologist shall be present at the site daily during maintenance treatments to survey the work area immediately prior to the start of project activities and to monitor all project activities within and adjacent to CDFW jurisdictional streambed areas and ensure activities remain in compliance with project site conditions . Retreatments associated with the maintenance phase are anticipated to occur four times per year for up to four years.

As part of this monitoring, the Designated Biologist will identify safe and pre- determined relocation areas suitable for any species that may need to be moved out of harm’s way
During all maintenance activities that have the potential to affect plant or wildlife resources, the Designated Biologist shall monitor for non-listed, special-status, and/or common ground- dwelling vertebrates encou ntered in the path of Project -related activities. If any wildlife is encountered during maintenance activities, said wildlife shall be allowed to leave the work area unharmed and/or the Designated Biologist shall make every effort to move the species out of harm’s way to the extent feasible by doing one of the following: (1) Utilize shovel, rake, or similar hand tool to gently re- direct the animal out of work area; (2) If the Designated Biologist has the appropriate handling permits, capture/move species to appropriate habitat outside the work area.

The Designated Biologist shall have the authority to temporarily stop maintenance activities until the species is determined to be out of harm’s way.

While conducting daily monitoring, the Designated Biologist shall also inspect all vehicles, 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 prior to entering and exiting the stream.

Item No.7I

Subtask E-3) Monitoring Logs - The Designated Biologist shall keep daily monitoring logs. Logs shall be submitted to COSCA staff on a weekly basis, both during the initial biomass removal and maintenance phases of the project.

TASK F – N otification Requirements (SAA conditions 1.7.1, 1.7.2, 2.4, 2.13, 2.15, 2.38).

The Designated Biologist shall immediately notify COSCA staff in writing of any of the following:
• 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, if any, for alternative protective measures; • If special status species are encountered during project activities (work must also be halted);
• 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 and photos to CDFW; • If any special status species are observed during pre- construction surveys, the Designated Biologist shall submit California Natural Diversity Data Base (CNDDB) forms to the CNDDB within five (5) working days of the sightings, and provide to COSCA staff three (3) copies of the CNDDB forms and survey maps. (COSCA staff will then coordinate directly with CDFW per project conditions.)

CDD\ah\H:\COMMON\COSCA\Bridge\MND\Revised MND\Rincon\Scope for 12438-2020T2.docx Item No.7I

TO:Andrew P. Powers, City Manager
FROM:Kelvin Parker, Community Development Director
DATE:September 13, 2022
SUBJECT: General Plan Update – Professional Services Agreement Amendment (MI 2592)
RECOMMENDATION:

1. Approve Third Amendment to Professional Services Agreement with Raimi + Associates (R+A), Los Angeles, CA (Contract No. 12045-2019) adding $168,024 plus additional services of $80,000, revising the not-to-exceed total to $1,891,754 and extend the term of the agreement to December 31, 2023.

2. Approve budget appropriation and expenditure in the amount of $248,024 from A/C #001-0000-311-1000 (General Fund – Fund Balance) to A/C #001-4010-641- 5699 (Project MI 2592, Contracted Services).

FINANCIAL IMPACT:
$248,024 Increase to Adopted FY 2022-23 General Fund Budget. $248,024 additional budget appropriation is requested to the Adopted FY 2022-23 General Fund Budget. Estimated total project cost for the General Plan Update is $1,891,754.

BACKGROUND:

On February 26, 2019, City Council awarded a professional services agreement to Raimi + Associates (R+A) to prepare a comprehensive update to the General Plan, with a not-to-exceed amount of $1,549,880. On July 9, 2019, City Council authorized Amendment #1 to the agreement in the amount of $93,850 to add the Arts and Culture Element to the General Plan and conduct a statistically valid survey with a new not-to-exceed amount of $1,643,730.

Per the terms of Section 5 of the agreement, the City Manager can extend the term of the agreement for two six-month periods. On February 14, 2022, the City Manager authorized a second amendment with R+A to extend the term of the contract for a period of six months from March 31, 2022, to September 30, 2022. The City Manager is authorized to extend the term of the agreement to Item No.7J

General Plan Update – Agreement Amendment (MI 2592)
September 13, 2022

3 6
4 March 23, 2023; however, additional terms of the agreement must be amended, and require City Council approval. Any agreement extensions beyond March 31, 2023, must also be approved by City Council.

The General Plan update is currently in Phase 4 of 5, with 78 percent of the budget expended. The majority of the Administrative Draft General Plan has been completed in coordination with the consultants, and multiple departments and agencies, in preparation of its anticipated release to the public later this year. The environmental review process commenced earlier this summer with the release of the Notice of Preparation and Public Scoping Meeting and the Draft Environmental Impact Report (EIR) is anticipated to be released early next year. In-person and virtual community workshops will be held next year to solicit public input on the Draft General Plan and EIR. Following review and incorporation of public comments into the documents, the public hearings are anticipated to be scheduled in mid-2023.

Additional funds are needed to complete the comprehensive update of the General Plan. Approval of a third amendment to the contract to include additional funds totaling $168,024 plus additional services of $80,000, revising the not-to-exceed amount of $1,891,754 is recommended. A detailed summary of the proposed budget realignment and modifications to the scope of work are included in Attachment #1.

DISCUSSION/ANALYSIS:

The following sections summarize the proposed realignment of the agreement to reflect the dollar amounts billed and paid for by the City and to articulate the proposed changes to the scope of work. The proposed budget and scope realignments are the consultant’s best efforts to anticipate the level of effort for new and remaining project tasks.

General Plan Update Budget Realignment
The table below summarizes the proposed budgets with R+A and each sub- consultant, change in proposed budget from current budget, and remaining budget with the proposed change. A detailed spreadsheet of the breakdown of the changes in scope and budget by firm is included in Exhibit A of Attachment #1.

Item No.7J

General Plan Update – Agreement Amendment (MI 2592)
September 13, 2022

3 6
4 Thousand Oaks General Plan Update Budget Realignment Table Current
Budget
%
Billed $ Billed
Proposed
Revised
Budget
Change
from
Current
Budget
Remaining
Budget
(with
Change)
Raimi +
Associates $979,506 82% $798,352 $1,142,971 $163,465 $344,619 Rincon
Consultants $219,356 59% $128,874 $284,295 $64,939 $155,421 Veronica Tam &
Associates $69,010 99% $68,210 $88,630 $19,620 $20,420
Arellano $23,404 100% $23,404 $23,404 $0 $0
HR&A $106,101 68% $72,575 $106,101 $0 $33,526
Iteris $95,508 77% $73,580 $95,508 $0 $21,928
Nelson/Nygaard $98,665 72% $70,826 $98,665 $0 $27,839
CPG $52,180 88% $46,064 $52,180 $0 $6,116
Totals: $1,643,730 $1,281,886 $1,891,754 $248,024 $609,868 Proposed Modifications to the Scope of Work
The proposed modifications to the scope of work needed to complete the General Plan update include: additional community outreach, additional Planning Commission and City Council public hearings, tasks for the Safety Element to be compliant with new State regulations, California Environmental Quality Act (CEQA) evaluation and support for the Climate and Environmental Action Plan (CEAP), additional noise measurements for the Noise Element, further revisions to the Housing Element to receive certification from the State, and ongoing project management for the proposed modifications to the scope of work and additional time extension.

Raimi + Associates
New tasks for R+A include an additional General Plan Advisory Committee (GPAC) meeting, an in-person and virtual community workshop, a City Council study session, second public draft General Plan, additional Planning Commission and City Council public hearings, final General Plan review, on-going project management and administration, travel expenses, and project/sub management. Included within the proposed budget is $80,000 in additional services to cover unexpected costs. The additional services represent 5 percent of the original general plan consultant contract amount.

Safety Element
Item No.7J

General Plan Update – Agreement Amendment (MI 2592)
September 13, 2022

3 6
4 Several statutes have recently passed and must be incorporated into the Safety Element to be compliant with the new State legislation.

SB 99 requires all cities and counties to update the Safety Element to include information identifying residential developments in any hazard area identified in the Safety Element that do not have at least two emergency evacuation routes. Rincon Consultant’s (Rincon) GIS team will coordinate with City staff to develop a citywide map using ESRI mapping software that identifies communities with less than two ingress/egress. The analysis will be used to determine if the City should consider specific plans or policies to address identified access limitation or constraints.

AB 747 requires that the City update its Safety Element to identify and assess the capacity, safety, and viability of its evacuation routes under a range of emergency scenarios. Rincon will coordinate with City staff, and other emergency personnel to select up to three emergency scenarios and assess the capacity of the City’s evacuation routes. The analysis will be used to determine if the City should consider putting additional evacuation contingency plans in place and additional measures to be implemented. Rincon will provide key findings and policy recommendations to be included in the Safety Element.

SB 1241 requires all Safety Elements to be reviewed by CAL FIRE and approved by the Board of Forestry prior to jurisdictional adoption. City staff will lead this coordination, address CAL FIRE comments, and provide a presentation at the Board of Forestry Hearing. Rincon will provide support on a time and materials basis.

Climate and Environmental Action Plan (CEAP)
On July 6, 2021, City Council authorized the City Manager to approve an amendment to the contract with R+A during the summer recess to incorporate environmental review for the CEAP. This work was to be prepared by R+A’s subconsultant on the General Plan, in conjunction with the EIR for the General Plan. However, due to a shift in staff workload to focus on the Housing Element Update, the environmental review for the General Plan was postponed until 2023. The contract amendment was never executed, and no funds were appropriated to complete this task. Work on the environmental review has begun, so a request for these funds is needed again and they are included within this proposed amendment. In addition, Rincon’s proposal includes optional tasks (not included in the scope and budget modifications).

Noise Element
Item No.7J

General Plan Update – Agreement Amendment (MI 2592)
September 13, 2022

3 6
4 Noise measurements were conducted by Rincon per the original General Plan contract in 2019, with one additional noise measurement in 2022. Additional noise measurements have been requested by the City’s Public Works Department to be conducted along the 23 Freeway and 101 Freeway to address public concerns in these areas. The seven additional noise measurement locations are shown in Attachment #1 – Exhibit A, Figure 1.

Housing Element
The sixth Housing Element Update cycle (2021-2029) represented a significant shift and set new standards for how jurisdictions must demonstrate their ability to accommodate and provide for new housing units. As part of this significant shift, the California Department of Housing and Community Development (HCD) issued new requirements to public agencies and local governments in April 2021, requiring the inclusion of an Affirmatively Furthering Fair Housing (AFFH) analysis to be included into updated Housing Elements per the newly adopted state law, AB 686. This analysis was extensive, required additional public outreach, and was not anticipated at the time of the original General Plan scope and budget approval. To complete this analysis as part of the Housing Element Update, funds from other tasks in Veronica Tam & Associates (VTA)’s scope were used.

Following adoption of the Housing Element by City Council on January 25, 2022, the City received a second findings letter from HCD on April 7, 2022. HCD is requiring additional information for the AFFH section, further analysis on potential constraints to redevelopment, and requiring the City to adopt more incentives to promote new housing units. The City’s housing consultant anticipates two more reviews with HCD will be necessary before the City’s Housing Element is certified. This is similar to the number of reviews conducted for the 21 jurisdictions that received certifications for their Housing Elements to date. At this time, work on the Housing Element Update has stopped until additional funds are allocated.

Extend Term of Agreement
It is also recommended that City Council extend the term of the agreement, to December 31, 2023, to accommodate additional time needed to complete the General Plan update. Additionally, the December 2023 deadline will allow time for the consultants and staff to convert the General Plan into an “ePlan” following its adoption. The “ePlan” version of the General Plan will be user-friendly and operate similar to a website.

COUNCIL GOAL COMPLIANCE:

Item No.7J

General Plan Update – Agreement Amendment (MI 2592)
September 13, 2022

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4 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: Krystin Rice, Sr. Planner
Attachments:

Attachment #1 – Contract No. 12045-2019 Amendment
cdd:440.20\H:\COMMON\City Council\CC Agenda Items\2022\09132022\General Plan Prof Svs Agmt\Final Packet\Staff Report.docx
Item No.7J

Cdd:440-20\H:\COMMON\Admin&Special Projects\Contracts-POs-Task Orders\Raimi-GPU\Contract 12045-2019 Amendment 3 Project Name: General Plan Update and EIR

THIRD AMENDMENT TO

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AND
RAIMI + ASSOCIATES

Contract No. 12045-2019

THIS THIRD AMENDMENT to the Agreement for Professional Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation, (hereafter “City”) and RAIMI + ASSOCIATES (“Consultant”) entitled General Plan Update and EIR and dated March 18, 2019, and amended on July 9, 2019, and February 14, 2022 (hereafter “Contract”) is made this 13th day of September.

RECITALS
A. On March 18, 2019, City and Consultant entered into a contract for professional services whereby Consultant provides consultant services to City staff regarding the General Plan update.

B. On July 9, 2019, Section 2 of the Contract was amended to add the Arts and Culture element to the General Plan, thereby modifying the “Scope of Work” for the Contract.

C. Also, on July 9, 2019, Section 3(a) of the Contract was modified to add $93,850 for the above additional work, with a new Not -to-Exceed Contract amount of $1,643,730.

D. On February 14, 2022, Section 5 of the Contract was extended to September 31, 2022.

E. The Parties desire to amend the Contract to include additional community meetings, environmental review for the Climate and Environmental Action Plan, and work on the Safety Element, Noise Element, and Housing Element, thereby modifying the “Scope of Work” for the Contract.

F. The Parties desire to amend the Contract add $168,024 for the above additional work, plus an additional $80,000 contingency, with a new Not-to-Exceed amount of $1,891,754.

ATTACHMENT #1
Item No.7J

Cdd:440-20\H:\COMMON\Admin&Special Projects\Contracts-POs-Task Orders\Raimi-GPU\Contract 12045-2019 Amendment 3 G. Section 5 of the contract, currently, and as may have been previously amended, provides for a termination date of September 31, 2022, and authorizes City Manager to extend the term for two separate six -month periods, terminating on March 31, 2023.

H. City and Consultant desire to extend the term of this Contract to December 31, 2023.

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

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

A. Consultant will conduct additional community meetings, a City Council stud y session, prepare a second public draft of the General Plan, and attend additional Planning Commission and City Council public hearings, as described in Exhibit A.

B. Consultant will work with sub -consultant Rincon Consultants to identify neighborhood emergency evacuation routes and conduct a scenario evaluation of emergency routes to complete the Safety Element Update in compliance with new State legislation, as described in Exhibit A.

C. Consultant will work with sub -consultant Rincon Consultants to conduct additional noise measurements in seven locations within the City, as described in Exhibit A - Figure 1.

D. Consultant will work with sub -consultant Rincon Consultants to inco rporate environmental review of the Climate and Environment Action Plan (CEAP) with the General Plan Environmental Impact Report, as described in Exhibit A.

E. Consultant will work with Veronica Tam and Associates to complete revisions to the Housing Element through its certification from the State Department of Housing and Community Development, as described in Exhibit A.

Part 2. The sum of $248, 024 and a new “Not -To-Exceed” total compensation is added as compensation to Consultant under the present Contract for the above-described additional services, and such subsection 3(a) of Contract is hereby amended to read in its entirety as follows:

Item No.7J

Cdd:440-20\H:\COMMON\Admin&Special Projects\Contracts-POs-Task Orders\Raimi-GPU\Contract 12045-2019 Amendment 3 (a) Maximum and Rate. The total compensation payable to Consultant by City for the services under this Agreement SHALL NOT EXCEED the sum of $1,891, 754 (herein “not to exceed amount”), and shall be earned as the work progresses on the following basis:

Hourly at the hourly rat es and with reimbursement to Consultant for those expenses set forth in Consultants Schedule of Fees attached as Exhibit “ A”, 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 to Consultant for all work described under this Agreement.

Part 3. The Contract is extended for a period of fifteen (15) months beginning on October 1, 2022, and Section 5 is hereby amended in part to read as follows:

The term of this Agreement is from the date first written above to December 31, 2023, unless extended, or the Agreement is terminated as provided herein.

Part 4. Except as amended in Part 1, 2 and 3 above, all other sections, terms, obligations, duties, clauses, and provisions of the Contract shall remain the same.

In concurrence and witness whereof, the parties execute this Third Amendment to Contract as of the date set forth above.

CONSULTANT

Matt Raimi, AICP
Principal in-Charge, Raimi + Associates

CITY OF THOUSAND OAKS

Bob Engler, Mayor

ATTEST:

Cynthia M. Rodriguez, City Clerk

Item No.7J

Cdd:440-20\H:\COMMON\Admin&Special Projects\Contracts-POs-Task Orders\Raimi-GPU\Contract 12045-2019 Amendment 3

APPROVED AS TO ADMINISTRATION:

Andrew P. Powers, City Manager

APPROVED BY DEPARTMENT HEAD:

Kelvin Parker
Community Development Director

APPROVED AS TO FORM:

Office of the City Attorney

Tracy Noonan, City Attorney
Item No.7J

BERKELEY
1900 Addison St, Suite 200
Berkeley, CA 94704
510.666.1010

LOS ANGELES
706 South Hill St, 11th Floor
Los Angeles, CA 90014
213.599.7671

RIVERSIDE
3750 University Avenue #225
Riverside, CA 92501
951.801.5350
Memo
August 23, 2022

To: John Dugan, Krystin Rice, and Iain Holt, City of Thousand Oaks Community Development Department

From: Matt Raimi and Melissa Stark, Raimi + Associates
Subject: Thousand Oaks General Plan Update & EIR Budget Realignment and Scope Amendments
The following are the scope and budget changes to the contract between Raimi + Associates and the City of Thousand Oaks for the General Plan Update and EIR. The total project budget is modified from $1,643,730 to $1,891,754 to accommodate changes in scope of work and level of effort on the General Plan. The other terms of the contract remain unchanged.

This memo serves two purposes, first, to articulate changes in scope of work or level of effort for a task and its accompanying budget and second, to realign the contract to reflect dollar amounts billed and paid for by the City that were either under or over the original contracted budget for completed tasks. The proposed budget and scope realignments are our best effort at anticipating level of effort for new and remaining project tasks. Should the level of effort requested by the City extend beyond the allotted budget, we will coordinate City approval to use contingency funds.

Below is a summary table of the proposed budget changes to each of the firms with changes in scope, with the carryover of the existing budget for the firms that remain unchanged. The following pages of this memo include a breakdown of the changes in scope and budget by firm.

A detailed spreadsheet is attached to this memo.

Item No.7J

August 11, 2022 2 Proposed Budget Alignment
Thousand Oaks GPU Budget Realignment Summary Table

Contract
Budget % Billed $ Billed
Proposed
New Budget
for Contract
Change from
Contract
Budget
Remaining
Budget (with
change)
Raimi +
Associates $979,506 82% $798,352 $1,142,971 $163,465 $344,619 Rincon $219,356 59% $128,874 $284,295 $64,939 $155,421
VTA $69,010 99% $68,210 $88,630 $19,620 $20,420
Arellano $23,404 100% $23,404 $23,404 $0 $0
HR&A $106,101 68% $72,575 $106,101 $0 $33,526
Iteris $95,508 77% $73,580 $95,508 $0 $21,928
Nelson/Nygaard $98,665 72% $70,826 $98,665 $0 $27,839
CPG $52,180 88% $46,064 $52,180 $0 $6,116
TOTALS $1,643,730 $1,281,886 $1,891,754 $248,024 $609,868

Raimi + Associates
Modifications to Scope of Work
The following are modifications proposed to Raimi + Associates’ scope of work for the Thousand Oaks General Plan Update.
• Task 2.09 Community Workshops: This budget increase captures (1) the increase in level of effort for the alternatives workshops which took place on February 2, 2021, and April 21, 2021 (already performed) and (2) allows for workshop #4 to have two components – one online session and one in person session (work not yet performed). • Task 2.12 City Council Study Sessions: This budget increase captures (1) the additional City Council Study Sessions that took place on March 16, 2021, covering Environmental Justice, Health and Equity, and May 25, 2021, covering the preferred land use alternative map (already performed) and (2) allows for an additional study session for the Public Draft General Plan (work not yet performed).
• Task 5.05A Second Public Draft General Plan: This is a new scope task requested by City to prepare second public draft General Plan that includes changes based on comments from the community and prior to City Council and Planning Commission hearings.
• Task 5.05B Safety Element and Noise Measurements: This is a new scope task for Rincon Consultants to prepare additional noise and safety element tasks. Hours and budget in this task for Raimi + Associates allow for coordination and review of Rincon’s analysis prior to review by the City.
• Task 5.06 Planning Commission Meetings and Hearings: This increase in budget allows additional time to prepare for and attend Planning Commission hearings on the General Plan and EIR.

Item No.7J

August 11, 2022 3 Proposed Budget Alignment
• Task 5.07 City Council Meetings and Hearings: This increase in budget allows additional time to prepare for and attend City Council hearings on the General Plan and EIR.
• Task 5.08 Final General Plan: This increase in budget allows for additional hours to revise the General Plan to reflect changes requested by City Council, Planning Commission, and/or through comments made by the public. • Task 9.01 On-going Project Management: This increase in budget allows for additional meetings with City Staff and ongoing General Plan coordination. Additional time is needed to the extended length of the project and great level of coordination needed due to the complexity o the project.
• Task 9.03 Project Administration and Invoicing: This increase in budget allows for ongoing project administration and invoicing.
• EX.01 Travel and Expenses: This increase in expenses reflects the need for additional travel to attend in-person meetings for the remainder of the project. Note that this budget was previously reduced during the height of COVID-19 as meetings took place virtually.
• MU.01 Office Expenses: This increase in office markup applies to changes in contract budget. This increase reflects our standard office markup on Raimi + Associates’ staff labor costs.
• MU.02 Project/Sub Management: This increase in budget reflects our standard subconsultant management fee on new subconsultant tasks. • Contingency: This new budget line item will serve as a contingency for project tasks that are underbudgeted or that may arise during the remainder of the project.

Realignments to Budget
In addition to the scope and level of effort changes noted above, minor adjustments are proposed to align the new budget with the actual time spent on completed tasks. For some tasks, R+A was slightly over budget and for others, R+A was slightly under budget. This step aligns the contracted amount with the dollar amount billed and closes out the below tasks. • Task 2.10 Neighborhood and Stakeholder Meetings: This minor reduction in budget aligns the contracted amount with the amount billed and reallocates $31 from this completed task to other tasks.
• Task 3.04 Standards and Indicators: This reduction in budget aligns the contracted amount with the amount billed and reallocates $3,083 from this completed task to other tasks.
• Task 4.01 Vision, Guiding Principles and Overall Plan Direction: This minor reduction in budget aligns the contracted amount with the amount billed and reallocates $14 from this completed task to other tasks.
• Task 4.04 Prepare Land Use, Transportation, and Policy Alternatives: This budget increase of $943 aligns the contract amount with the amount billed for this completed task.

Item No.7J

August 11, 2022 4 Proposed Budget Alignment
• Task 4.05 Alternatives Analysis: This minor reduction in budget aligns the contract amount with the amount billed and reallocates $5 from this completed task to other tasks.
• Task 4.06 Preferred Alternative: This budget increase of $18,401 aligns the contracted amount with the amount billed for the task due to the significant increase in the level of effort necessary to prepare the preferred alternative.
• Task 4.07 Growth Projections: This budget increase of $345 aligns the contracted amount with the amount billed for this completed task.
• Task 5.01 General Plan Outline and Structure: This budget increase of $695 aligns the contracted amount with the amount billed for this completed task. • Task 5.02 Goal, Policy and Implementation Framework: This minor reduction in budget aligns the contracted amount with the amount billed and reallocates $14 from this completed task to other tasks.
• Task 5.03A Admin Draft General Plan – Focused Update: This reduction in budget aligns the contract amount with the amount billed and reallocates $1,573 from this completed task to other tasks.
• Task 5.03B Admin Draft General Plan – Comp. Update (Addl Elements): This increase of $30 in budget aligns the contracted amount with the amount billed for this completed task.
• Task 6.02 Demographic and Housing Needs Assessment: This minor reduction in budget aligns the amount billed with the contract amount and reallocates $26 from this completed task to other tasks.
• Task 6.03 Housing Constraints: This increase of $30 in budget aligns the contracted amount with the amount billed for this completed task.
• Task 6.05 Housing Plan: This increase of $15 in budget aligns the contracted amount with the amount billed for this completed task.
• Task 9.02 Team Working Meetings/City Meetings: This reduction in budget aligns the amount billed with the contract amount and reallocates $605 from this completed task to other tasks.
• Task 10.03 Document Review/Coordination: This reduction in budget aligns the amount billed with the contract amount and reallocates $1,014 from this completed task to other tasks.
• Task 10.05 Statistically Valid Survey: This task has been eliminated from the scope of work, reallocating $34,518 to other tasks.

Item No.7J

August 11, 2022 5 Proposed Budget Alignment
R+A Proposed Budget Changes
This table summarizes changes to Raimi + Associates’ budget by task, as described in the modifications to scope of work and realignments to budget sections. Tasks that do not have proposed changes to the contracted budget amount are not included in this summary. Please reference the detailed attached spreadsheet for a full overview of the R+A project budget.

Task Contract
Budget
%
Billed $ Billed
Proposed
New
Budget
for
Contract
Change
from
Contract
Budget
Remaining
Budget

02.09 Community Workshop (x4) $60,910 85% $51,558 $75,000 $14,090 $23,443

02.10 Neighborhood and
Stakeholder Meetings (6x) $14,000 100% $13,969 $13,969 -$31 $0

02.12 City Council Study Sessions
(3x) $16,320 175% $28,540 $35,000 $18,680 $6,460

03.04 Standards and Indicators $6,800 55% $3,718 $3,718 -$3,083 $0

04.01 Vision, Guiding Principles and
Overall Plan Direction $18,520 100% $18,506 $18,506 -$14 $0

04.04 Prepare Land Use,
Transportation, and Policy
Alternatives
$38,200 102% $39,143 $39,143 $943 $0

04.05 Alternatives Analysis $38,010 100% $38,005 $38,005 -$5 $0

04.06 Preferred Alternative $28,360 165% $46,761 $46,761 $18,401 $0

04.07 Growth Projections $10,640 103% $10,985 $10,985 $345 $0

05.01 General Plan Outline and
Structure $6,720 110% $7,415 $7,415 $695 $0

05.02 Goal, Policy and
Implementation Framework $25,520 100% $25,506 $25,506 -$14 $0

05.03A Admin Draft General Plan –
Focused Update $59,600 97% $58,028 $58,028 -$1,573 $0

05.03B Admin Draft General Plan –
Comp. Update (Addl Elements) $28,660 100% $28,680 $28,680 $20 $0

05.05A 2nd Public Draft GP (revised
based on public comments) $0 $25,000 $25,000 $25,000

05.05B Safety Element & Noise
Measurement (Addl Tasks) $0 -- -- $3,000 $3,000 $3,000

05.06 Planning Commission
Meetings and Hearings (2x) $6,720 -- -- $10,000 $3,280 $10,000

05.07 City Council Meetings and
Hearings (2x) $6,720 -- -- $10,000 $3,280 $10,000

05.08 Final General Plan $7,860 -- -- $15,000 $7,140 $15,000

06.02 Demographic and Housing
Needs Assessment $420 94% $394 $394 -$26 $0

06.03 Housing Constraints $420 107% $450 $450 $30 $0

06.05 Housing Plan $420 104% $435 $435 $15 $0

09.01 On-going Project
Management $52,920 94% $49,828 $65,000 $12,080 $15,173 Item No.7J

August 11, 2022 6 Proposed Budget Alignment
Task Contract
Budget
%
Billed $ Billed
Proposed
New
Budget
for
Contract
Change
from
Contract
Budget
Remaining
Budget

09.02 Team Working Meetings/ City
Meetings $37,800 98% $37,195 $37,195 -$605 $0

09.03 Project Administration and
Invoicing $12,880 95% $12,218 $16,000 $3,120 $3,783

10.03 10.c Document Review
/Coordination $3,500 71% $2,486 $2,486 -$1,014 $0

10.05 10.d Statistically Valid Survey $34,518 -- -- $0 -$34,518 $0 EX.01 Travel and Expenses $10,000 79% $7,867 $15,000 $5,000 $7,133 MU.01 Office Expenses 3% $24,914 87% $21,573 $28,223 $5,709 $9,049 MU.02 Project/Sub Management
(7%) $41,488 76% $31,432 $47,407 $5,919 $15,975
Contingency $0 0% $0 $80,000 $80,000 $80,000
R+A BUDGET TOTALS* $979,506 82% $798,352 $1,142,971 $163,465 $344,619

Item No.7J

August 11, 2022 7 Proposed Budget Alignment
Rincon Consultants
Additions to Scope of Work
Per the City’s request, Rincon has prepared an estimated cost proposal to complete additional tasks needed for the Safety Element to be compliant with new State legislation, conduct additional noise measurements for the noise element, and include CEQA evaluation and support for the City’s CEAP. In addition, Rincon’s proposal is attached to this memorandum which includes additional optional tasks (not included in the scope and budget modifications below) for the City’s review and consideration.
• Task 2.06 GPAC Meetings: This includes an increase in budget to account for an increase in attendance at past meetings and contains some remaining budget for future attendance at one GPAC meeting.
• Task 5.05A Second Public Draft GP: This is a new scope task requested by City to prepare second public draft Plan after comments are received from the community and prior to City Council and Planning Commission meetings. • Task 5.05B Safety Element and Noise Measurements: This is a new scope task for Rincon Consultants to prepare additional noise and safety element tasks. Details for these scope tasks are provided below.
o Identify Neighborhood Emergency Evacuation Routes, within 6 weeks of amendment approval. SB 99 requires all cities and counties, upon the next revision of the Housing Element on or after January 1, 2020, to update the Safety Element to include information identifying residential developments in any hazard area identified in the Safety Element that do not have at least two emergency evacuation routes. The internal Rincon GIS team will coordinate with City staff to develop a City-wide map using ESRI that identifies communities with less than two ingress/egress and provide a narrative description of the implications for evacuation planning. The analysis will be used to determine if the City should consider specific plans or policies to address any identified access limitations or constraints.
o Scenario Evaluation of Emergency Routes, within 10 weeks of amendment approval. AB 747 requires that the City update its Safety Element to identify and assess the capacity, safety, and viability of its evacuation routes under a range of emergency scenarios. Rincon will coordinate with City staff, and other emergency management personnel to select up to three emergency scenarios and assess the capacity of the City’s evacuation route options under selected conditions, including those most likely to be influenced by climate change. The analysis will be informed by existing evacuation plans and analyses to develop a model that provides evacuation route vulnerability scores for residential parcels (and commercial properties if the City desires). The vulnerability score will be assigned to each parcel based on modeled time estimated to evacuate outside City boundaries. This model will not include dynamic traffic modeling. In other words, the model will be based solely on distance and speed limits and not model the Item No.7J

August 11, 2022 8 Proposed Budget Alignment
additional travel time that could occur due to roadways being congested. The analysis will be used to determine if the City should consider putting additional or alternate evacuation contingency plans in place and what additional measures or contingency plans and options it should consider implementing. Rincon will conduct one (1 hour) virtual meeting with the City to showcase the results and gather one round of consolidated comments to address. Rincon will include key findings and policy recommendations for inclusion in the Safety Element and develop a brief technical memorandum describing the methodology of the results and high-level recommendations.
o Additional Noise Measurements. Rincon has conducted noise measurements per the original contract in 2019 and conducted an additional noise measurement in 2022 per City request. It has been communicated to Rincon that the City’s Public Works Department would like additional noise measurements to be conducted along the 23 Freeway and the 101 Freeway. Rincon will conduct seven additional noise measurements in the locations provided by the City shown in Attachment 1 Figure 1.
o Additionally, SB 1241 requires Safety Elements to now go through CAL FIRE Review and be approved by the Board of Forestry before jurisdictional adoption.

We assume the City will lead this coordination, address CAL FIRE comments as appropriate in the Safety Element Update, and provide a presentation at the Board of Forestry Hearing. If the City would like assistance with this, Rincon provide support on a time and materials basis.
o Each deliverable assumes up to two rounds of review and comment by Raimi + Associates and Thousand Oaks City staff, and also assumes that all comments will be provided in a consolidated, electronic and editable format (i.e. track changes in MS Word). These cost estimates assume no field work or other direct expenses will be required. Other items not included in this scope of work will only be completed upon authorization in writing in advance by Raimi + Associates. All services will be completed in accordance with the rates already agreed upon for this project as shown in the cost estimate below.
• Task 7.1 Notice of Preparation: This includes an additional $620 budget for to account for the CEAP CEQA evaluation.
• Task 7.3 Administrative Program EIR: This includes an additional $6,914 budget for drafting the CEAP evaluation component of program EIR.
• Task 7.4 Draft Program EIR: This includes an additional $2,972 budget for additional the CEAP evaluation component of the draft program EIR. • Task 7.5 Response to Comments, SOC, NOD, MMRP: This includes an additional $2,210 for response to comments related to CEAP evaluation for the program EIR. • Task 7.6 Final Program EIR: This includes an additional $1,658 to account for the CEAP component of the final program EIR.
• Task 9.2 Team Working Meetings: This includes an additional $2,180 budget for team working meetings related to the CEAP evaluation and CEQA coordination.

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August 11, 2022 9 Proposed Budget Alignment
• Task 11 CEAP Technical Assistance (new task): This includes an additional $4,418 budget for peer review of the GHG Inventory, and an additional $7,444 budget for peer review of the measure quantification appendix.

Realignments to Budget
In addition to the scope and level of effort changes noted above, minor adjustments are proposed to align the new budget with the actual time spent on completed tasks. • Task 1.01 Kick Off Meeting: This reduction in budget aligns the amount billed with the contract amount and reallocates $35 from this completed task to other tasks. • Task 2.12 City Council Study Sessions: This reduction in budget aligns the amount billed with the contract amount and reallocates $132 from this completed task to other tasks.
• Task 3.02 Review and Assess Existing Reports, Studies and Regs: This reduction in budget aligns the amount billed with the contract amount and reallocates $2 from this completed task to other tasks.
• Task 4.03 Team Charrette/Working Meeting: This reduction in budget aligns the amount billed with the contract amount and reallocates $95 from this completed task to other tasks.
• Task 5.03A Admin Draft General Plan – Focus update: This reduction in budget aligns the amount billed with the contract amount and reallocates $48 from this completed task to other tasks.
• Task 5.03B Admin Draft General Plan – Comp. Update (Addl Elements): This reduction in budget aligns the amount billed with the contract amount and reallocates $2,435 from this completed task to other tasks.
• Task 9.01 On-going Project Management: This increase of $1,986 in budget aligns the contracted amount with the amount billed for this task. • Task 9.03 Project Administration and Invoicing: This increase of $1,024 in budget aligns the contracted amount with the amount billed for this task.

Item No.7J

August 11, 2022 10 Proposed Budget Alignment
Rincon Proposed Budget Changes
This table summarizes changes to Rincon’s budget by task, as described in the modifications to scope of work and realignments to budget sections. Tasks that do not have proposed changes to the contracted budget amount are not included in this summary. Please reference the detailed attached spreadsheet for a full overview of the Rincon project budget.

Task Contract
Budget
%
Billed $ Billed
Proposed
New
Budget for
Contract
Change
from
Contract
Budget
Remaining
Budget

01.01 Team Kick off Mtg $3,240 99% $3,205 $3,205 ($35) $0

02.06 GPAC Meetings
(12x) $3,240 142% $4,599 $6,500 $3,260 $1,901

02.12 City Council Study
Sessions (3x) $1,880 93% $1,748 $1,748 ($132) $0

03.02 Existing Conditions
Analysis $17,820 100% $17,818 $17,818 ($2) $0

04.03 Team
Charrette/Working
Meeting
$4,860 99% $4,765 $4,765 ($95) $0

05.03 A Admin Draft
General Plan – Focused
Update
$11,568 100% $11,520 $11,520 ($48) $0

05.03 B Admin Draft
General Plan – Comp.

Update (Addl Elements)
$31,108 92% $28,673 $28,673 ($2,435) $0

05.05A 2nd Public Draft
GP (revised based on
public comments)
$0 0% $0 $5,000 $5,000 $5,000

05.05B Safety Element &
Noise Measurement (Addl
Tasks)
$0 0% $0 $24,382 $24,382 $24,382

07.01 Notice of
Preparation (NOP) $4,062 81% $3,294 $4,682 $620 $1,388

07.03 Administrative Draft
EIR $66,480 48% $32,034 $76,141 $9,661 $44,107

07.04 Staff Review/Screen
Check Draft Program EIR $15,740 0% $0 $18,712 $2,972 $18,712

07.05 Public Draft EIR $12,872 0% $0 $15,082 $2,210 $15,082

07.06 Final EIR $6,102 0% $0 $7,760 $1,658 $7,760

09.01 On-going Project
Management $5,600 135% $7,586 $7,586 $1,986 $0

09.02 Team Working
Meetings/ City Meetings $5,600 116% $6,471 $8,651 $3,051 $2,180

09.03 Project
Administration and
Invoicing
$2,988 134% $4,012 $4,012 $1,024 $0
Task 11.1 CEAP Technical
Assistance $0 0% $0 $11,862 $11,862 $11,862

RINCON BUDGET
TOTALS* $219,356 59% $128,295 $284,295 $64,939 $155,421 Item No.7J

August 11, 2022 11 Proposed Budget Alignment
Veronica Tam and Associates
Modifications to Scope of Work
The following are modifications proposed to Veronica Tam and Associates’ scope and budget for the Thousand Oaks General Plan Update.
• Task 5.06 Planning Commission Meetings and Hearings: This increase in budget allows for one additional Planning Commission meeting or hearing related to the Housing Element.
• Task 5.07 City Council Meetings and Hearings: This increase in budget allows for one additional City Council meeting or hearing related to the Housing Element. • Task 6.06 Public Review Draft Housing Element: This increase in budget allows for additional revisions to the Housing Element to address HCD comments and to complete the AFFH section of the Element.

VTA Proposed Budget Changes
This table summarizes changes to VTA’s budget by task, as described in the modifications to scope of work section above. Tasks that do not have proposed changes to the contracted budget amount are not included in this summary. Please reference the detailed attached spreadsheet for a full overview of the VTA project budget.

Task Contract
Budget
%
Billed $ Billed
Proposed
New
Budget for
Contract
Change
from
Contract
Budget
Remaining
Budget

05.06 Planning Commission
Meetings and Hearings (2x) $1,595 100% $1,595 $3,395 $1,800 $1,800

05.07 City Council Meetings and
Hearings (2x) $1,595 100% $1,595 $3,395 $1,800 $1,800

06.06 Public Review Draft Housing
Element $14,700 100% $14,700 $30,720 $16,020 $16,020
VTA BUDGET TOTALS* $69,010 99% $68,210 $88,630 $19,620 $20,420

Item No.7J

August 11, 2022 12 Proposed Budget Alignment
Hourly Rate Changes
Two team members - Iteris and Veronica Tam and Associates - have requested rate increases for the remainder of the project. VTA’s rate increase is listed below, while Iteris’ rate increase is detailed in the attached memo. Iteris’ budget will remain the same.

Veronica Tam and Associates
• Project Manager increase from $150/hour to $180/hour
Item No.7J

Thousand Oaks General Plan Update Draft Budget Realignment | 8/23/2022 Task Contract
Budget % Billed $ Billed Proposed New
Budget for
Contract
Change from
Contract Budget Remaining Budget
Contract
Budget % Billed $ Billed Proposed New
Budget for
Contract
Change from
Contract
Budget
Remaining
Budget
Contract Budget % Billed $ Billed Proposed
New Budget
for Contract
Change from
Contract Budget
Remaining
Budget

01.01 Team Kick off Mtg $5,535 100% $5,535 $5,535 $0 $0 $3,240 99% $3,205 $3,205 -$35 $0 $1,200 100% $1,200 $1,200 $0 $0

01.02 Collect and Review Existing Con $8, 271 100% $8,271 $8,271 $0 $0 -- -- -- -- -- -- -- -- -- -- -- --

01.03 Project Work Plan $2,123 100% $2,123 $2,123 $0 $0 -- -- -- -- -- -- -- -- -- -- -- --

02.01 Community Engagement Plan + Database $1,383 100% $1,383 $1,383 $0 $0 -- -- -- -- -- -- -- -- -- -- -- --

02.02 Logo and Branding $2,649 100% $2,649 $2,649 $0 $0 -- -- -- -- -- -- -- -- -- -- -- --

02.03 Project Website $7,855 100% $7,855 $7,855 $0 $0 -- -- -- -- -- -- -- -- -- -- -- --

02.04 Project Fact Sheet $1,993 100% $1,993 $1,993 $0 $0 -- -- -- -- -- -- -- -- -- -- -- --

02.05 Stakeholder Interviews (15x) $10,214 100% $10,214 $10,214 $0 $0 -- -- -- -- -- -- -- -- -- -- -- --

02.06 GPAC Meetings (12x) $95,000 90% $85,368 $95,000 $0 $9,633 $3,240. 00 142% $4,599.00 $6,500.00 $ 3,260 $ 1,901 $1,200 100% $1,200 $1,200 $0 $0

02.07 Pop-Up Workshops (3 rounds of 4) $24,000 71% $16,989 $24,000 $0 $7,011 -- -- -- -- -- -- -- -- -- -- -- --

02.08 Community Forums (2x) $11,185 100% $11, 185 $11,185 $0 $0 -- -- -- -- -- -- -- -- -- -- --

02.09 Community Workshop (x4) $60,910 85% $51,558 $75,000 $14,090 $23,443 -- -- -- -- -- -- $4,560 100% $4,560 $4,560 $0 $0

02.10 Neighborhood and Stakeholder Meetings (6x) $14,000 100% $13,969 $13,969 -$31 $0 -- -- -- -- -- -- -- -- -- -- -- --

02.11 Focus Groups (6x) $13,280 56% $7,490 $13,280 $0 $5,790 -- -- -- -- -- -- $2,370 100% $2,370 $2,370 $0 $0

02.12 City Council Study Sessions (3x) $16, 320 175% $28,540 $35,000 $18,680 $6, 460 $1,880 93% $1,748 $1,748 -$132 $1 $2,370 100% $2,370 $2,370 $0 $0

02.13 Coordination with Outside Agencies (10x) $730 100% $730 $730 $0 $0 $1,360 26% $353 $1,360 $0 $1,008 -- -- -- -- -- --

03.01 Review and Assess Existing Reports, Studies and Regs $5,355 100% $5,355 $5,355 $0 $0 -- -- -- -- -- $0 -- -- -- -- -- --

03.02 Existing Conditions Analysis $43,990 100% $43,990 $43,990 $0 $0 $17,820 100% $17,818 $17,818 -$2 $1 -- -- -- -- -- --

03.03 Issues and Opportunities Table $3,506 100% $3,506 $3,506 $0 $0 -- -- -- -- -- $0 -- -- -- -- -- --

03.04 Standards and Indicators $6,800 55% $3,718 $3,718 -$3,083 $0 -- -- -- -- -- $0 -- -- -- -- -- --

03.05 Traffic Model Development $420 -- -- $420 $0 $420 -- -- -- -- -- $0 -- -- -- -- -- --

03.06 SB743 Traffic Impact Analysis $449 100% $449 $449 $0 $0 -- -- -- -- -- $0 -- -- -- -- -- --

04.01 Vision, Guiding Principles and Overall Plan Direction $18,520 100% $18,506 $18,506 -$14 $0 -- -- -- -- -- $0 -- -- -- -- -- --

04.02 Areas of Change and Areas of Stability $12,725 100% $12,725 $12,725 $0 $0 -- -- -- -- -- $0 -- -- -- -- -- --

04.03 Team Charrette/Working Meeting $30,231 100% $30,231 $30,231 $0 $0 $4,860 99% $4,765 $4,765 -$95 $0 -- -- -- -- -- --

04.04 Prepare Land Use, Transportation, and Policy Alternatives $38,200 102% $39,143 $39,143 $943 $0 -- -- -- -- -- $0 -- -- -- -- -- --

04.05 Alternatives Analysis $38,010 100% $38,005 $38,005 -$5 $0 -- -- -- -- -- $0 -- -- -- -- -- --

04.06 Preferred Alternative $28,360 165% $46,761 $46,761 $18,401 $0 -- -- -- -- -- $0 -- -- -- -- -- --

04.07 Growth Projections $10,640 103% $10,985 $10,985 $345 $0 -- -- -- -- -- $0 -- -- -- -- -- --

05.01 General Plan Outline and Structure $6, 720 110% $7,415 $7,415 $695 $0 -- -- -- -- -- $0 -- -- -- -- -- --

05.02 Goal, Policy and Implementation Framework $25,520 100% $25,506 $25,506 -$14 $0 -- -- -- -- -- $0 $3,100 100% $3,100 $3,100 $0 $0

05.03 A Admin Draft General Plan – Focused Update $59,600 97% $58,028 $58,028 -$1,573 $0 $11,568 100% $11,520 $11,520 -$48 $0 -- -- -- -- -- --

05.03 B Admin Draft General Plan – Comp. Update (Addl Elements) $28,660 100% $28,680 $28,680 $20 $0 $31,108 92% $28,673 $28,673 -$2,435 $0 -- -- -- -- -- --

05.04 Screencheck Draft General Plan $25,920 -- -- $25,920 $0 $25,920 $3,420 0% $0 $3,420 $0 $3,420 -- -- -- -- -- --

05.05 Public Draft General Plan $9,920 -- -- $9,920 $0 $9,920 $1,710 0% $0 $1,710 $0 $1,710 -- -- -- -- -- --

05.05A 2nd Public Draft GP (revised based on public comments) $0 $25,000 $25,000 $25,000 $0 0% $0 $5,000 $5,000 $5,000 -- -- -- -- -- --

05.05B Safety Element & Noise Measurement (Addl Tasks) $0 -- -- $3,000 $3,000 $3,000 $0 0% $0
$24,382 $24,382 $24,382 -- -- -- -- -- --

05.06 Planning Commission Meetings and Hearings (2x) $6,720 -- -- $10,000 $3,280 $10,000 $3,740 0% $0 $3,740 $0 $3,740 $1,595 100% $1,595 $3,395 $1,800 $1,800

05.07 City Council Meetings and Hearings (2x) $6,720 -- -- $10,000 $3,280 $10,000 $3,740 0% $0 $3,740 $0 $3,740 $1,595 100% $1,595 $3,395 $1,800 $1,800

05.08 Final General Plan $7,860 -- -- $15,000 $7,140 $15,000 $5,524 0% $0 $5,524 $0 $5,524 -- -- -- -- -- --

06.01 Evaluation of Current Housing Element $450 100% $450 $450 $0 $0 -- -- -- -- -- $0 $1,440 100% $1,440 $1,440 $0 $0

06.02 Demographic and Housing Needs Assessment $420 94% $394 $394 -$26 $0 -- -- -- -- -- $0 $10,280 100% $10,280 $10,280 $0 $0

06.03 Housing Constraints $420 107% $450 $450 $30 $0 -- -- -- -- -- $0 $8,880 100% $8,880 $8,880 $0 $0

06.04 Housing Resources and Opportunities $1,400 100% $1,400 $1,400 $0 $0 -- -- -- -- -- $0 $9,360 100% $9,360 $9,360 $0 $0

06.05 Housing Plan $420 104% $435 $435 $15 $0 -- -- -- -- -- $0 $3,160 100% $3,160 $3,160 $0 $0

06.06 Public Review Draft Housing Element $420 100% $420 $420 $0 $0 -- -- -- -- -- $0 $14,700 100% $14,700 $30,720 $16,020 $16,020

07.01 Notice of Preparation (NOP) $210 100% $210 $210 $0 $0 $4,062 81% $3,294 $4,682 $620 $1,388 -- -- -- -- -- --

07.02 Public Scoping Meetings -- -- -- -- -- -- $3,202 67% $2,145 $3,202 $0 $1,057 -- -- -- -- -- --

07.03 Administrative Draft EIR $11,960 16% $1,959 $11,960 $0 $10,001 $66,480 48% $32,034 $76,141
$9,661 $44,107 -- -- -- -- -- --

07.04 Staff Review/Screen Check Draft Program EIR $840 -- -- $840 $0 $840 $15,740 0% $0 $18,712 $2,972 $18,712 -- -- -- -- -- --

07.05 Public Draft EIR $420 -- -- $420 $0 $420 $12,872 0% $0 $15,082 $2,210 $15,082 -- -- -- -- -- --

07.06 Final EIR $210 -- -- $210 $0 $210 $6,102 0% $0 $7,760 $1,658 $7,760 -- -- -- -- -- --

08.01 Zoning Code Consistency Analysis $0 -- -- $0 $0 $0 -- -- -- -- -- $0 -- -- -- -- -- -- Veronica Tam + AssociatesRincon ConsultantsRaimi + Associates 1900 Addison St, Ste 200, Berkeley, CA 94704 | Tel: (510) 394‐3712 | raimiassociates.com Item No.7J

Thousand Oaks General Plan Update Draft Budget Realignment | 8/23/2022 Task Contract
Budget % Billed $ Billed Proposed New
Budget for
Contract
Change from
Contract Budget Remaining Budget
Contract
Budget % Billed $ Billed Proposed New
Budget for
Contract
Change from
Contract
Budget
Remaining
Budget
Contract Budget % Billed $ Billed Proposed
New Budget
for Contract
Change from
Contract Budget
Remaining
Budget
Veronica Tam + AssociatesRincon ConsultantsRaimi + Associates

08.02 General Plan On-Going Monitoring and Evaluation Plan $14,040 1% $140 $14,040 $0 $13,900 -- -- -- -- -- $0 -- -- -- -- -- --

08.03 E-Plan $8,400 -- -- $8,400 $0 $8,400 -- -- -- -- -- $0 -- -- -- -- -- --

09.01 On-going Project Management $52,920 94% $49,828 $65,000 $12,080 $15,173 $5,600 135% $7,586 $7,586 $1,986 $0 -- -- -- -- -- --

09.02 Team Working Meetings/ City Meetings $37,800 98% $37,195 $37,195 -$605 $0 $5,600 116% $6,471 $8,651 $3,051 $2,180 $2,400 100% $2,400 $2, 400 $0.00 $0.00

09.03 Project Administration and Invoicing $12,880 95% $12,218 $16,000 $3,120 $3,783 $2,988 134% $4,012 $4,012 $1,024 $0 -- -- -- -- -- --

10.03 10.c Document Review /Coordination $3,500 71% $2,486 $2,486 -$1,014 $0 -- -- -- -- -- $0 -- -- -- -- -- --

10.04 10.c Mngmt Fee 7% of CPG $584 100% $584 $584 $0 $0 -- -- -- -- -- $0 -- -- -- -- -- --

10.05 10.d Statistically Valid Survey $34,518 -- -- $0 -$34,518 $0 -- -- -- -- -- $0 -- -- -- -- -- -- EX.01 Travel and Expenses $10,000 79% $7,867 $15, 000 $5,000 $7,133 3500 -- $653 3500 0 $2,847 800 -- 0 800 0 800 MU.01 Office Expenses 3% $24,914 87% $21,573 $28,223 $3,309 $6,649 -- -- -- -- -- $0 -- -- -- -- -- -- MU.02 Project/Sub Management (7%) $41,488 76% $31,432 $47,407 $5,919 $15,975 -- -- -- -- -- $0 -- -- -- -- -- -- SC.03 Document Printing $1,000 46% $460 $1,000 $0 $540 -- -- -- -- -- $0 -- -- -- -- -- -- SC.04 E-Plan Consultant $30,000 -- -- $30,000 $0 $30,000 -- -- -- -- -- $0 -- -- -- -- -- -- Task 11 CEAP Technical Assistance -- -- -- -- -- $0 $0 0% $0 $11,862 $11,862 $11,862 -- -- -- -- -- $0 Contingency $0 0% $0 $80,000 $80,000 $80,000 -- -- -- -- -- $0 -- -- -- -- -- $0 BUDGET TOTALS $979,506 82% $798,352 $1,142,971 $163,465 $344,619 $219,356.00 59% $128,874.32 $284,295.00 $64,939 $155,420.68 $69,010 99% $6 8,210 $88,630 $19,620 $20,420 Contract
Budget % Billed $ Billed Proposed New
Budget for
Contract
Change from
Contract
Budget
Remaining
Budget
Optional Tasks
Task 1: CEAP Sections (Climate Change Background, Regulatory Setting, Inventory, and Forecast) $0 $0 $0 $9,012
Task 2: GHG Efficiency Threshold & Guidance Memorandum $0 $0 $0 $10,408 Task 3: CEQA Streamlining Checklist $0 $0 $0 $5,150
Task 4: Implementation and Monitoring Tool - CAPDash $0 $0 $0 $10,000 1900 Addison St, Ste 200, Berkeley, CA 94704 | Tel: (510) 394‐3712 | raimiassociates.com Item No.7J

Rincon Consultants, Inc.
1 8 0 N o r t h A s h w o o d A v e n u e
Ven tu ra , Ca lifo rnia 9 3003

805 6 4 4 4 4 5 5

i n f o @ r i n c o n c o n s u l t a n t s . c o m
w w w . r i n c o n c o n s u l t a n t s . c o m

E n v i r o n m e n t a l S c i e n t i s t s P l a n n e r s E n g i n e e r s March 25, 2022
Project No: 18-06681
Matt Raimi, AICP
Raimi + Associates
Via email: [email protected]

Subject: Scope and Cost Estimate to comply with new Safety Element legislation and conduct additional noise measurements as part of the Thousand Oaks General Plan Update project Dear Matt:

Per the City’s request, Rincon has prepared an estimated cost proposal to complete additional tasks needed for the Safety Element to be compliant with new State legislation as well as a cost proposal to conduct additional noise measurements. This work effort will be managed by Ms. Lexi Journey, Senior Planner; and overseen by Matthew Maddox, Principal.

The cost estimate by task for completion for these tasks is provided below. Our total cost estimate for identifying and evaluating evacuation routes and conducting additional noise measurements is $24,382.

We expect that we can complete the following tasks in the timeframe detailed below:
• Task 1: Identify Neighborhood Emergency Evacuation Routes, within 6 weeks of amendment approval. SB 99 requires all cities and counties, upon the next revision of the Housing Element on or after January 1, 2020, to update the Safety Element to include information identifying residential developments in any hazard area identified in the Safety Element that do not have at least two emergency evacuation routes. The internal Rincon GIS team will coordinate with City staff to develop a City-wide map using ESRI that identifies communities with less than two ingress/egress and provide a narrative description of the implications for evacuation planning.

The analysis will be used to determine if the City should consider specific plans or policies to address any identified access limitations or constraints. • Task 2: Scenario Evaluation of Emergency Routes, within 10 weeks of amendment approval.

AB 747 requires that the City update its Safety Element to identify and assess the capacity, safety, and viability of its evacuation routes under a range of emergency scenarios. Rincon will coordinate with City staff, and other emergency management personnel to select up to three emergency scenarios and assess the capacity of the City’s evacuation route options under selected conditions, including those most likely to be influenced by climate change. The analysis will be informed by existing evacuation plans and analyses to develop a model that provides evacuation route vulnerability scores for residential parcels (and commercial properties if the City desires). The vulnerability score will be assigned to each parcel based on modeled time estimated to evacuate outside City boundaries. This model will not include dynamic traffic modeling. In other words, the model will be based solely on distance and speed limits and not model the additional travel time that could occur due to roadways being congested. The analysis will be used to determine if the City should consider putting additional or alternate evacuation contingency plans in place and what additional measures or contingency plans and options it Item No.7J

Raimi + Associates
Thousand Oaks Safety Element Update Amendment

should consider implementing. Rincon will conduct one (1 hour) virtual meeting with the City to showcase the results and gather one round of consolidated comments to address. Rincon will include key findings and policy recommendations for inclusion in the Safety Element and develop a brief technical memorandum describing the methodology of the results and high-level recommendations.
• Task 3: Additional Noise Measurements. Rincon has conducted noise measurements per the original contract in 2019 and conducted an additional noise measurement in 2022 per City request. It has been communicated to Rincon that the City’s Public Works Department would like additional noise measurements to be conducted along the 23 Freeway and the 101 Freeway. Rincon will conduct seven additional noise measurements in the locations provided by the City shown in Attachment 1 Figure 1.

Additionally, SB 1241 requires Safety Elements to now go through CAL FIRE Review and be approved by the Board of Forestry before jurisdictional adoption. We assume the City will lead this coordination, address CAL FIRE comments as appropriate in the Safety Element Update, and provide a presentation at the Board of Forestry Hearing. If the City would like assistance with this, Rincon provide support on a time and materials basis.

Each deliverable assumes up to two rounds of review and comment by Raimi + Associates and Thousand Oaks City staff, and also assumes that all comments will be provided in a consolidated, electronic and editable format (i.e. track changes in MS Word). These cost estimates assume no field work or other direct expenses will be required. Other items not included in this scope of work will only be completed upon authorization in writing in advance by Raimi + Associates. All services will be completed in accordance with the rates already agreed upon for this project as shown in the cost estimate below.

If you have any questions or wish to discuss the proposed cost estimate, please don’t hesitate to contact me at 805.947.4822 or at [email protected].

Sincerely,
Rincon Consultants, Inc.

Lexi Journey, MESM Matthew Maddox, AICP
Senior Planner Principal

Thousand Oaks Safety Element and Noise
Measurements Amendment Cost Estimate
Hours per Task
Principal
(Maddox)
Sr. Prof
(Journey) Prof II

GIS/CADD
Specialist
Prod/
Admin.

Labor Cost
Per Task
Addendum Preparation
Task 1: Identify Neighborhood Emergency Evacuation Routes 10 20 4,770 Task 2: Scenario Evaluation of Emergency Routes 8 16 40 40 4 17,292 Task 3: Additional Noise Measurements 16 2,320 Total Hours 8 26 56 60 4 24,382 Billing Rate $295 $197 $145 $140 $95
Labor Cost $2,360 $5,122 $8,120 $8,400 $380
Total Firm Labor Cost $24,382
SUBCONSULTANT (Rincon)
Item No.7J

Attachment 1
Thousand Oaks Safety Element Update Amendment

Figure 1. Community Noise Monitoring Survey Measurement Locations

Item No.7J

Rincon Consultants, Inc.
1 8 0 N o r t h A s h w o o d A v e n u e
Ven tu ra , Ca lifo rnia 9 3003

805 6 4 4 4 4 5 5

i n f o @ r i n c o n c o n s u l t a n t s . c o m
w w w . r i n c o n c o n s u l t a n t s . c o m

E n v i r o n m e n t a l S c i e n t i s t s P l a n n e r s E n g i n e e r s

March 14, 2022
Project No. 18-06681

Matt Raimi
Raimi + Associates
1900 Addison Street, Suite 200
Berkeley, CA 94704
Via email: [email protected]

Subject: Amendment to Contract to include the Climate Action Plan CEQA Evaluation and Climate Action Plan Support

Dear Matt,

Pursuant to your request, Rincon Consultants, Inc. (Rincon) has drafted this budget amendment to provide professional services in addition to our original 2045 General Plan Update EIR scope of work.

We understand that the City is currently developing a Climate Action Plan (CAP) concurrently alongside the General Plan Update and has requested that Rincon coordinate the CAP schedule, provide a professional peer review of the CAP policies and emission reduction calculations, and to incorporate the CAP into the General Plan California Environmental Quality Act evaluation and documentation.

Specifically, we have been requested to include the CAP CEQA evaluation as part of Task 7, Environmental Impact Report preparation, and additional time under Task 9 to assist the City’s Sustainability Department with the coordination of the CAP schedule. These additional services would include an additional 100 hours for Task 7 for a total of $14,374 and an additional 12 hours for Task 9 for a total of $2,180, for a budget amendment total of $16,554.

Per the City’s request, we have also included tasks to assist the City with the completion of the CAP by providing peer reviews of the GHG inventory and measure quantification appendices. Also, per City request, we have included optional tasks to assist in the drafting of specific CAP sections such as the Climate Change Background, Regulatory Setting, Inventory, and Forecast sections. Additionally, the City is considering including the development of GHG thresholds and a CEQA streamlining checklist for City planning staff and applicants to use during CEQA review of development projects. These tasks have also been included as optional and a more detailed scope of these tasks is also included in Attachment A.

Below we have included accost estimates for the requested additional services: (1) CAP CEQA Evaluation and Coordination, (2) CAP Technical Assistance, and (3) Optional CAP Implementation Services.

Item No.7J

City of Thousand Oaks
2045 General Plan Update and EIR

Table 1- Cost Estimate for CAP Evaluation in the EIR
Tasks Original Cost Additional
Request
Requested Revised
Total Budget
Task 7: Environmental Impact Report Preparation

7.1 Notice of Preparation $ 4,062 $ 620 $ 4,682

7.3 Administrative Program
EIR
$ 66,480 $ 6,914 $ 73,394

7.4 Draft Program EIR $ 15,740 $ 2,972 $ 18,712

7.5 Responses to Comments,

SOC, NOD, MMRP
$ 12,872 $ 2,210 $ 15,082

7.6 Final Program EIR $ 6,102 $ 1,658 $ 7,760
Task 9: Project Management & Team Coordination

9.2 Team Working Meetings $ 5,600 $ 2,180 $ 7,780
Total $ 114,058 $ 16,554 $ 130,612

Table 2- Cost Estimate for Technical Assistance with the CAP tasks. See Attachment A for more a more detailed scope for each task.

Climate Action Plan Tasks Hours Labor Cost
A. Peer Review of the GHG Inventory 24 $ 4,418
B. Peer Review of Measure Quantification Appendix 40 $ 7,444 Total 64 $11,862

Table 3- Cost Estimate for optional CAP and Implementation tasks. See Attachment A for more a more detailed scope for each task.

Optional CAP and CEQA Implementation Tasks Hours Cost
I. CAP Sections: Climate Change Background, Regulatory Setting, Inventory, and Forecast
52 $9,012
II. GHG Efficiency Threshold and Guidance Memorandum 64 $ 10,408 III. CEQA Streamlining Checklist 30 $ 5,150
IV. Implementation and Monitoring Tool - CAPDash 16 $ 7,500 for software $2,500 for training and
set-up

Item No.7J

City of Thousand Oaks
2045 General Plan Update and EIR

We appreciate your consideration of this request. If you have questions or need additional information, please do not hesitate to contact us.

Sincerely,
Rincon Consultants, Inc.

Lexi Journey Erik Feldman
Senior Planner Principal

Item No.7J

City of Thousand Oaks
2045 General Plan Update and EIR

Attachment A
Optional Additional Service Scope

The following is a list of optional subtasks to assist the City with the development of their Climate Action Plan as well as the development of GHG thresholds and CEQA Streamlining Checklist. These robust analyses, tools, software, and guidance documents will allow the City’s Climate Action Plan to be a qualified GHG reduction strategy, which is CEQA defensible, and implementable.

Optional Task I. CAP Sections: Climate Change Background, Regulatory Setting, Inventory, and Forecast
As requested as an optional task, Rincon can assist the City in developing the standard sections of the CAP document. These sections of the CAP can include the following sections: Climate Change Background, Regulatory Background, Inventory, and Forecast. Rincon will utilize concise, easy to understand language and can develop graphics that easy to interpret and consist with the City’s design guidelines. Each section would be up to two pages and include two custom graphics each. The Inventory and Forecast sections would be developed utilizing the City’s data.

Deliverables:
▪ 1–2-page sections with up to two (2) graphics for each of the listed sections for the CAP (8 pages and 4 graphics total.

Optional Task II. GHG Efficiency Threshold and Guidance Memorandum Rincon will develop GHG emission thresholds of significance for City planning staff and applicants to use during CEQA review of development projects. Rincon will use the City’s baseline GHG emissions inventory, forecasts, and measure quantification included in the new CAP as well as State and local GHG emission reduction targets to develop efficiency thresholds (i.e., a threshold expressed on a per capita or per service person basis) for three major project types – residential, non-residential, and mixed-use.1 The efficiency thresholds will be calculated by dividing the City’s targeted GHG emissions in the milestone target years (e.g., year 2030 in alignment with the SB 32 target) by the service population (residents plus employees) in that year. Thus, the efficiency thresholds would represent the emission levels needed to achieve a fair share of State and local emission reduction targets. This methodology is consistent with CARB’s recommendations in the 2008 Climate Change Scoping Plan adopted pursuant to AB 32 and the 2017 Scoping Plan adopted pursuant to SB 32, which detail the intention to accommodate population and economic growth in California but to do so in a way that achieves a lower rate of per capita GHG emissions. This methodology recognizes that large but highly efficient projects (e.g., compact and mixed-use development) with relatively high mass emissions may nevertheless meet the GHG reduction goals of SB 32 and the 2017 Scoping Plan. As such, the efficiency threshold approach encourages infill and transit-oriented development. Our proposed project-specific, locally-appropriate efficiency thresholds will be created to comply with the CEQA Guidelines and interpretative GHG case law such as Center for Biological Diversity v. California Department of Fish and Wildlife and Newhall Land

1 A project’s service population consists of the number of residents and employees accommodated by the project.

Item No.7J

City of Thousand Oaks
2045 General Plan Update and EIR

and Farming (2015) 224 Cal.App.4th 1105, Save Cuyama Valley v. County of Santa Barbara (2013) 213 Cal.App.4th 1059, 1068, and Golden Door Properties, LLC v. County of San Diego/Sierra Club, LLC v.

County of San Diego (2018) 27 Cal.App.5th 892, regarding the correlation between state and local conditions and the use of threshold specific to project types.

After developing the GHG emission thresholds, Rincon will prepare a concise guidance document to be used by City planning staff and applicants in evaluating development projects in Thousand Oaks. The guidance document will detail a defensible approach for evaluating GHG impacts in analyses prepared pursuant to CEQA. The document will provide substantial evidence of the methodology used to develop the threshold, including consideration of statewide GHG direction provided by the California Air Pollution Control Officers Association, California Air Resources Board, and the Governor’s Office of Planning and Research and recent case law. The guidance document will include the following sections:
▪ Regulatory and legal setting, including applicable CEQA Statute and CEQA Guidelines provisions and relevant case law related to GHG thresholds
▪ Summary of the City’s new CAP and its measures
▪ Substantial evidence of the methodology used to calculate locally appropriate, project-specific service population thresholds that align with State and local targets, the 2017 Scoping Plan, recent court rulings, and land uses within the City
▪ Screening process to determine which projects clearly fall below the thresholds of significance and which projects require more detailed, project-specific analysis ▪ Methodologies for quantifying GHG emissions from land use development projects and how to include GHG emission reductions associated with the City’s new CAP and from State legislation ▪ List of potential measures and design features that can reduce GHG emissions from land use projects and how to calculate their effects on project emissions Our scope of work includes a draft version of the document, one round of revisions based on consolidated comments received from the City, and a final version of the document. The guidance document will be transmitted digitally via e-mail; no hard copies will be provided unless specifically requested by the City.

Deliverable:

▪ GHG Efficiency Threshold and associated analysis
▪ GHG Efficiency Threshold and Guidance Memorandum
Optional Task III. GHG Reduction Streamlining Checklisthecklists Rincon will prepare a checklist to determine the eligibility of project-level developments within the City to utilize exemptions pursuant to CEQA Guidelines Section 15332 (Infill Development Projects) or CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan or Zoning), or to tier from the programmatic CAP CEQA analysis for project/plan-level GHG emissions analyses to demonstrate consistency with the State reduction targets and CEQA Guidelines (CEQA Guidelines Section 15183.5).

The checklists will be formatted to facilitate City staff and applicant processing of exemptions, streamlining CEQA compliance for eligible projects.

Item No.7J

City of Thousand Oaks
2045 General Plan Update and EIR

The Infill Development Projects (Guidelines Section 15332) portion of the checklist will provide eligibility factors to determine consistency with General Plan policies and zoning standards, determine that the project is substantially surrounded by urban uses, and determine whether the project would result in impacts related to endangered species, traffic, noise, air quality, or water quality. The portion of the checklist for Projects Consistent with a Community Plan or Zoning (Guidelines Section 15183) will provide eligibility factors to determine consistency with the General Plan density assumptions, a list of potentially applicable uniformly applied development standards, and conditions to determine any impacts that are “peculiar” to the project.

Rincon has completed some of the first GHG checklists in California, and we will leverage our deep bench of in-house environmental planners to ensure consistency with CEQA Guidelines Section 15183.5.

Upon receipt of one set of consolidated vetted comments on the Draft CEQA GHG Checklist from the City, Rincon will address comments and prepare and submit the Final CEQA GHG Checklist to the City.

Rincon will also prepare an update to the City’s existing Initial Study template, with specific attention to the most recently updated CEQA Guidelines environmental checklist question (Appendix G), the City’s GHG Efficiency Thresholds being prepared under Subtask 8.2 of this scope of work, and the City’s VMT thresholds, which we understand are being prepared under a separate contract for Traffic and Engineering Services in support of the Traffic Management Program and General Plan Update. This task does not include development of additional locally specific environmental thresholds beyond those for GHGs and transportation.

Deliverable:

▪ CEQA Streamlining Checklist

Optional Task IV. CAP Implementation Monitoring Tool
Rincon proposes to further enhance the City’s CAP implementation by providing our CAPDash software to help monitor the implementation of the City’s actions, track the GHG emissions reduction overtime, and report the results through the online dashboard.

In response to the rapidly evolving CAP market and CEQA requirements to effectively monitor and track CAP implementation, Rincon has developed CAPDash, an interactive dashboard tool. CAPDash was recently awarded the Climate Change Business Journals 2019 Business Achievement Award for Best Practices in GHG Analysis. This award- winning and customizable cloud-based dashboard facilitates CAP implementation and allows users to report GHG reduction progress in a transparent manner. CAPDash streamlines the complicated emissions calculations and reporting process, saving clients time and money.

CAPDash is a user-friendly cloud-based Monitoring and Reporting Tool. Leveraging extensive climate action plan development and implementation experience, Rincon has created a proprietary GHG inventory and implementation tool. This innovative tool allows jurisdictions to update GHG emission inventories and track implementation of GHG reduction strategies in real time through an easy-to-use dashboard interface. Customized data visualizations can be created and shared immediately, providing staff and stakeholders instant updates to the implementation status of GHG reduction measures.

CAPDash enables jurisdictions to manage their own data, meaning they will not have to rely on Item No.7J

City of Thousand Oaks
2045 General Plan Update and EIR

consultants or experts to update their GHG inventories and track the success of their implementation programs. As modern trends in data sharing continue to push for increased transparency, CAPDash provides a platform for jurisdictions to ensure their staff and the public have access to the most up-to- date status of their sustainability initiatives.

For a onetime fee, Rincon will provide the CAPDash software and will work with the City to customize the tool for the City’s needs and the specific data inputs. The tool can track regular GHG emissions levels and evaluate how GHG emissions change over time by looking at aggregate activity data, as available (e.g., electricity usage, vehicle miles traveled, etc.) that result in GHG emissions. CAPDash also provides a place to track individual measure progress as well as the estimated GHG reduction associated with each measure. Additionally, the tool will feature a dashboard with graphs and other visualizations which will be easily exportable for easy continual reporting. We want to ensure that staff fully understand how to use CAPDash and continue CAP reporting. Therefore, Rincon will provide up to two 1–2-hour CAPDash trainings. Potential types of trainings could be organized by type such as inventory, measures, tracking, reporting and/or be customized based on different audiences such as the climate committee and the sustainability staff.

Deliverables:

▪ CAPDash Web-based GHG Inventory and CAP Implementation Monitoring Tool ▪ Entering the City’s GHG Inventory into CAPDash in manner where tracking activity data will allow the City to update
▪ Entering the City’s GHG Mitigation Measures and Actions into CAPDash in a format that allows for cross-departmental tracking of implementation of activity progress ▪ Provide up to two 1–2-hour City staff trainings on how to use CAPDash

Item No.7J

MEMORANDUM

To:  City of Thousand Oaks  From:  Iteris, Inc.

Date:  April 19, 2022

RE:  Thousand Oaks General Plan Update Project – Billing Rate Increase Request

Iteris is a sub‐consultant to Raimi + Associates on the Thousand Oaks General Plan Update project with the City of Thousand Oaks. The project was initiated in April 2019 and Iteris has been billing/invoicing all staff hours on the project using the original billing rates. Given the changes in staff salaries over the past three years, Iteris is now requesting increases in staff billing rates. The requested rates are consistent with the  billing  rate  ranges  contained  within  the  Standard  Fee  Schedule  included  in  Iteris’  sub‐consultant agreement (provided in Appendix A). The requested new staff billing rates are shown in Table 1 (along with the original/current rates).

Table 1 – Requested Billing Rates
Staff (Classification)  Original/Current Rate
per hour
Requested Rate
per hour
Viggen Davidian (Vice President)  $300  $325
Deepak Kaushik (Senior Engineer)  $190  $235
Jennifer Emerson‐Martin (Senior Engineer)  $195  $235
Sean Daly (Senior Engineer)  $190  $225
Jin Eo (Associate Planner)  $115  $130
Lucas Voorhies (Assistant Engineer)  $115  $120

Note that Iteris is not requesting any increase in the total project budget under this contract.

Item No.7J

APPENDIX A – STANDARD FEE SCHEDULE

Item No.7J

Item No.7J

TO:Andrew P. Powers, City Manager
FROM:Kelvin Parker, Community Development Director
DATE:September 13, 2022
SUBJECT: CDBG Program Year 2021-22 Consolidated Annual Performance and Evaluation Report
RECOMMENDATION:

Approve Program Year (PY) 2021-22 Consolidated Annual Performance and Evaluation Report (CAPER) for submittal to the U.S. Department of Housing and Urban Development (HUD).

FINANCIAL IMPACT:

No Additional Funding Requested. CAPER summarizes $506,459.78 in Community Development Block Grant (CDBG) and $207,335.02 in Community Development Block Grant Coronavirus (CDBG-CV) program expenditures in PY 2021-22 (July 1, 2021 to June 30, 2022).

BACKGROUND:

The City receives an annual CDBG entitlement grant from HUD. In addition, the City received Coronavirus Aid, Relief, and Economic Security (CARES) Act funding to respond to the COVID-19 pandemic.

Activities supported by CDBG and CDBG-CV funds must primarily benefit lower- income persons and households. As a HUD grantee, the City is required to annually prepare and submit a CAPER describing CDBG-funded activities and expenditures.

The amount of the City’s CDBG grant fluctuates from year-to-year based on congressional allocations, the number of jurisdictions receiving grants, the number of low-income residents, and other Federal regulatory considerations (Attachment #1).

Item No.8A

CDBG PY 2021-22 Consolidated Annual Performance and Evaluation Report September 13, 2022

3 6
2 DISCUSSION/ANALYSIS:

Community Development Block Grant (CDBG)
The PY 2021-22 grant allocation (CDBG Program Year 2021) totaled $581,545.

In addition, $130,002.49 in unexpended prior year CDBG funds was carried forward, making the total projected budget $711,547.49. Expenditures from this total budget include $506,459.78 for housing rehabilitation, social service grants, and program administration. The remaining balance of $205,087.71 is carried forward to PY 2022-23. Attachment #2 shows a detailed outline of the CDBG PY 2021-22 CAPER, which Table 1 summarizes.

Table 1: PY 2021-22 CDBG Program Budget and Expenditure Summary* Balance
6/30/2021
PY 2021-22
Allocation Expenditures
Balance
6/30/2022
Community
Projects $ 130,002.49 $ 385,445.00 $ 344,371.28 $ 171,076.21 Public
Services 0.00 85,000.00 73,911.17 11,088.83
Administration 0.00 111,100.00 88,177.33 22,922.67
Total $ 130,002.49 $ 581,545.00 $ 506,459.78 $ 205,087.71 * Note: Actual numbers in CAPER may vary due to rounding.

Community Projects (CDBG)
The Community Projects expenditure for PY 2021-22 of $344,371.28 consisted of the one project from the 2020 CDBG Action Plan activity and four projects from the 2021 CDBG Action Plan activities:
•2020 Habitat for Humanity’s program activity over the past 2 years included expending $69,779.32 in PY 2020-21 and $27,340.32 in PY 2021-22 for repairs on 11 mobile homes. This PY 2020-21 rehab activity contract expired in December 2021, and from the total grant of $156,000, $56,880.36 was not spent and was made available for future City Council allocation. •2021 Area Housing Authority’s Los Arboles Apartment project expended $188,445 for a capital improvement involving a reroofing project. The improvements were completed in June 2022 and benefited 43 low-income units.

Item No.8A

CDBG PY 2021-22 Consolidated Annual Performance and Evaluation Report September 13, 2022

3 6
2 •2021 Many Mansions’ Shadow Hills project expended $47,000 for capital improvements involving a concrete and asphalt project. The improvements were completed in June 2022 and benefited 100 low-income units. •2021 Habitat for Humanity’s program activity included expending $6,585.96 for repairs on 8 mobile homes. The activity had a June 2021 balance of $68,414.04. The City anticipates the remaining rehabilitation projects will be completed by December 2022 and activity will be reported in next year’s PY 2022-23 CAPER.
•2021 Senior Alliance For Empowerment’s (SAFE) mobile home rehabilitation program activity expended the entirety of a $75,000 grant.

This activity benefited 8 low-income units at various senior mobile home parks and was completed in June 2022.

Public Services (CDBG)
Six organizations received CDBG public service funding from the 2021 CDBG Action Plan for PY 2021-22 expending a total of $73,911.17 serving 2 homeless and 2,152 non-homeless lower-income City residents.
•Lutheran Social Services (LSS) – Emergency Assistance expended $14,303.20 with remaining balance of $5,696.80.
•LSS – Drop-In Center expended $14,607.97 with a remaining balance of $5,392.03.
•Senior Concerns – Meals on Wheels expended $17,000.
•Many Mansions – Adult & Family Services expended $10,000. •Westminster Free Clinic – Economic Response expended $10,000. •County of Ventura/RAIN Facility – Transitional Housing expended $8,000.

Remaining balance of $11,088.83 with the two LSS contracts above were made available for future project allocation.

Administration (CDBG)
The administration budget of $111,100 is less than 20 percent of the annual CDBG grant. The City can recover a portion of its CDBG program costs, including staffing, public notices, printing, overhead, and a Fair Housing Counseling program, a collaboration with the County of Ventura and the Housing Rights Center of Los Angeles. The City’s administrative cost was $88,177.33, with a remaining balance of $22,922.67 were made available for future project allocation.

Item No.8A

CDBG PY 2021-22 Consolidated Annual Performance and Evaluation Report September 13, 2022

3 6
2 CDBG Ending Balance - June 30, 2022
The CDBG June 30, 2022 ending balance of $205,087.71 consists of six closed activities and one PY 2021 open activity, listed in Table 2. Of the closed activities, two activities from the 2019 and 2020 CDBG Action Plans (totaling $43,781.81) were reallocated by City Council with the 2022 CDBG Action Plan with activity beginning July 1, 2022.

Table 2: CDBG Program Balance 6/30/2022
CDBG Activity Balance Status
2019 closed activity #437 reallocated (July 2022) $ 43,531.81 Closed 2020 closed activity #456 reallocated (July 2022) $ 250.00 Closed Closed activities reallocated in 2022 Action Plan subtotal: $43,781.81 2020 Habitat for Humanity Program $156,000 grant $ 58,880.36 Closed 2021 LSS Emergency Assistance $20,000 grant $ 5,696.80 Closed 2021 LSS Drop-In Center $20,000 grant $ 5,392.03 Closed 2021 CDBG Administration $ 22,922.67 Closed
Closed activities for future City Council reallocation action subtotal: $92,891.86 2021 Habitat for Humanity Program $75,000 grant $ 68,414.04 Open CDBG Program Balance Total: $ 205,087.71
Reallocation for future City Council Action (CDBG)
During the COVID-19 pandemic, organizations adjusted their safety working protocols and most grantees fully expended the grant funds. One contract activity from the 2020 CDBG Action Plan with a balance of $58,880.36 and two contract activities from the 2021 CDBG Action Plan with balances of $5,696.80 and $5,392.03 did not spend their full grant amount. The City’s administrative CDBG budget was not fully expended with a remaining balance of $22,922.67. In Spring of 2023, City staff will provide the 2023 CDBG Action Plan for City Council to reallocate the remaining $92,891.86 to a Community Development activity.

Item No.8A

CDBG PY 2021-22 Consolidated Annual Performance and Evaluation Report September 13, 2022

3 6
2 Community Development Block Grant - Coronavirus (CDBG-CV) CDBG-CV PY 2020-21 CAPER (2020 CV CAPER)
City Council substantially amended the 2019-20 Action Plan in June 2020 to include $340,016 of CDBG-CV funds for economic development activities, and again in November 2020 to include $779,104 for public services and administration. The CDBG-CV CARES Act grant allocation totaled $1,119,120, in which $661,239.82 was expended in PY 2020-21 with a remaining balance of $457,880.18 carried forward to PY 2021-22. The 2020 CV CAPER reported on the First and Second Substantial Amendments and activities, which is summarized in Table 3 below.

Table 3: PY 2020-21 CDBG-CV Program Budget and Expenditure Summary*

CDBG-CV
Allocation Expenditures
Balance
6/30/2021
Economic Development $ 340,016.00 $ 260,000.00 $ 80,016.00 Public Services 650,000.00 366,459.96 283,540.04
Administration 129,104.00 34,779.86 94,324.14
Total $ 1,119,120.00 $ 661,239.82 $ 457,880.18
* Note: Actual numbers in CAPER may vary due to rounding.

CDBG-CV PY 2021-22 CAPER (2021 CV CAPER)
During PY 2021-22, the City completed three COVID-19 public service activities and cancelled one COVID-19 public service activity. Furthermore, the City had one substantial amendment and one minor amendment to the 2019 Action Plan to transfer CDBG-CV funds within existing CDBG-CV projects.

A substantial amendment requires a public needs assessment and open CDBG- CV application, and a 30-day public review of the substantial amendment prior to a City Council Public Hearing before activity can potentially begin.

A minor amendment, on the other hand, can be approved by the City Manager.

The City’s Citizen Participation Plan (City Council Resolution 2020-013) allows the City Manager to approve funding revisions to the City’s CDBG Action Plan, provided said changes total less than 10 percent of the annual grant amount and funds transfer to an existing activity.

Attachment #3 shows a detailed outline of the CDBG-CV PY 2021-22 CAPER, which is summarized in Table 4 below.

Item No.8A

CDBG PY 2021-22 Consolidated Annual Performance and Evaluation Report September 13, 2022

3 6
2 Table 4: PY 2021-22 CDBG-CV Program Budget and Expenditure Summary* Balance
6/30/2021 Expenditures
Approved
Amendments
Balance
6/30/2022
Economic
Development $ 80,016.00 $ 0.00 ($ 80,016.00) $ 0.00 Public Services 283,540.04 176,144.13 127,604.09 235,000.00 Administration 94,324.14 31,190.89 (47,588.09) 15,545.16 Total $ 457,880.18 $ 207,335.02 $ 0.00 $ 250,545.16 * Note: Actual numbers in CAPER may vary due to rounding.

Economic Development (CDBG-CV)
In PY 2020-21, the City’s COVID-19 Small Business Grant program expenditure of $260,000 consisted of 26 grants at $10,000 each, supporting 150 employees or 82 Full Time Equivalent low-moderate income jobs in Thousand Oaks. The remaining project balance of $80,016 was reallocated through a substantial amendment.

Public Services (CDBG-CV)
Three CDBG-CV public service grants expended $366,459.96 in PY 2020-21 and $176,144.13 in PY 2021-22 for a total of $542,604.09 serving 91 homeless and 34 non-homeless lower-income City residents with contracts expired in December 2021.
•LSS – COVID-19 Non-Congregate Shelter expended $171,598.71 in PY 2020-21 with a remaining balance of $28,401.29, which was reallocated through a substantial amendment.
•LSS – COVID-19 Emergency Services expended $6,779.61 in PY 2020-21 and $164,225.77 in PY 2021-22 with a remaining balance of $28,994.62, which was reallocated through a minor amendment.
•Harbor House – COVID-19 Winter Shelter expended $188,081.64 in PY 2020-21 and $11,918.36 in PY 2021-22.

In August 2021, Harbor House and the City agreed to terminate the Harbor House COVID-19 Emergency Assistance grant agreement since no funds were expended and no activities occurred. After the $50,000 grant balance activity was cancelled, funds were reallocated through a substantial amendment.

Item No.8A

CDBG PY 2021-22 Consolidated Annual Performance and Evaluation Report September 13, 2022

3 6
2 Administration (CDBG-CV)
The original City administration budget of $129,104 is less than 15 percent of the CDBG-CV grant to recover a portion of its CDBG program costs, including staffing, public notices, printing, and overhead. The City’s administrative cost for CDBG- CV in the past two years was $34,779.86 in PY 2020-21 and $31,190.89 in PY 2021-22. Through a substantial amendment, the budget was reduced by $80,000 and through a minor amendment, the budget was increased by $32,411.91, for an ending June 30, 2022, CDBG-CV Administration balance of $15,545.16.

CDBG-CV PY 2021-22 Substantial Amendment
With the CDBG Review Committee’s recommendation from the needs assessment applications and after a duly notice 30-day public review and City Council public hearing, City Council approved the Third Substantial Amendment on April 26, 2022.

The substantial amendment included transferring $160,016 to COVID-19 Public Services:
•$80,016 from COVID-19 Economic Development
•$80,000 from COVID-19 Administration
In addition, the substantial amendment included $78,401.29 in available Public Services (CDBG-CV) funds as of March 2022.
•$50,000 from Harbor House COVID-19 Emergency Services
•$28,401.29 from LSS COVID-19 Non-Congregate Shelter
With the transferring of $160,016 to COVID-19 Public Services and the existing funds available of $78,401.29 in COVID-19 Public Services, the substantial amendment resulted in two new COVID-19 Public Services activities with Turning Point Foundation for $51,700, and LSS for $183,300 beginning July 1, 2022. With allocating $235,000 for COVID-19 homeless services to the two organizations, the Substantial amendment had a remaining uncommitted COVID-19 Public Services balance of $3,417.29.

CDBG-CV PY 2021-22 Minor Amendment
City Council Resolution 2020-013 allows the City Manager to approve minor funding revisions to the City’s CDBG Action Plan.

City Manager approved First Minor Amendment on June 22, 2022, to decrease the budget for COVID-19 Public Services and increase the budget for COVID-19 Administration by the uncommitted funds of $32,411.91. The uncommitted funds comprised of $3,417.29 on April 26, 2022 and $28,994.62 from LSS COVID-19 Emergency Services closed activity with HUD on May 10, 2022.

Item No.8A

CDBG PY 2021-22 Consolidated Annual Performance and Evaluation Report September 13, 2022

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2 Based on the approval of the substantial and minor amendments, City Staff anticipates all CDBG-CV funds will be spent by June 2023 and the next year’s PY 2022-23 CAPER will report the activities.

Community Outreach
Pursuant to the City’s Citizen Participation Plan (Resolution No. 2020-013), a copy of the Draft PY 2021-22 CAPER report was posted on the Community Development Department’s webpage for 30 days to allow for public review and comment. A physical copy was also made available at City Hall. Further, a prominent display advertisement was placed in the Thousand Oaks Acorn, as well as a legal notice in the Ventura County Star. Paper copies of the report were also made available upon request. All public comments received will be included in the final report, which will be submitted to HUD before September 27, 2022.

An electronic copy of the CAPER is provided under a separate cover for review by the City Council, and a copy is posted on the City’s website at:
http://www.toaks.org/departments/community-development/planning/phd 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.

PREPARED BY: Lynn Oshita, Community Development Analyst Attachments:

Attachment #1 – CDBG Grants to Thousand Oaks (2012-2022) Attachment #2 – CDBG CAPER Summary FY 2021-22 Program
Expenditures
Attachment #3 – CDBG-CV CAPER Summary FY 2021-22 Program Expenditures
Documents Provided Electronically Under Separate Cover:
#1 – Draft PY 2021-22 CAPER
cdd:480-10\ H:\COMMON\Housing & Redevelopment\2023 CDBG\2023 CITY COUNCIL\CAPER Item No.8A

CDBG Grants to Thousand Oaks (2012 – 2022)

Year CDBG Amount $ Increase or Decrease Percent Change
2012 567,950 -39,148 -6.45
2013 563,128 -4,822 -0.85
2014 557,289 -5,839 -1.04
2015 574,017 16,728 3.00
2016 599,524 25,507 4.44
2017 557,958 -41,566 -6.93
2018 580,240 22,282 3.99
2019 593,053 12,813 2.21
2020 577,907 -15,146 -2.55
2021* 581,545 3,638 0.63
2022 557,972 -23,573 -4.05
*Pertains to Program Year (PY) 2021 CAPER report.

Above table does not include the $340,016 CDBG-CV funds and the $779,104 CDBG - CV3 funds for a total of $1,119,120 CDBG-CV funds.

cdd:480-10\H:COMMON\Housing & Redevelopment\2022 CDBG\2022 CITY COUNCIL\CAPER\

ATTACHMENT #1
Item No.8A

Balance
6/30/2021 Project/Activity PY 2021
Allocations Expenses Adjustments Balance
6/30/2022
43,531.81
2019 Funds available from IDIS Act #437 for Future
Allocation - - - 43,531.81
250.00
2020 Funds available from IDIS Act #456 for Future
Allocation - - - 250.00
86,220.68
2020 Habitat for Humanity – Preserve-A-Home
HS9811 (IDIS Act #448) 11 units. $156,000 grant - 27,340.32 (58,880.36) - -
2020 Funds available from IDIS Act #448 for Future
Allocation - - 58,880.36 58,880.36
-
2021 Area Housing Authority – Los Arboles
HS0001 (IDIS Act #490) 43 units. 188,445.00 188,445.00 - - -
2021 Many Mansions – Shadow Hills
HS0002 (IDIS Act #491) 100 units. 47,000.00 47,000.00 - - -
2021 Habitat for Humanity – Habitat Home Repair
HS0003 (IDIS Act #492) 8 units. 75,000.00 6,585.96 - 68,414.04 -
2021 SAFE Home Rehabilitation
HS0004 (IDIS Act #493) 8 units. 75,000.00 75,000.00 - - 130,002.49$
Community Projects
(Approximately 65% of PY2020 Allocation) Sub Total 385,445.00$ 344,371.28$ -$ 171,076.21$ -
2021 Lutheran Social Services, Emergency Assist.

BG9822 (IDIS Act #494) Served 78 clients. 20,000.00 14,303.20 (5,696.80) - -
2021 Lutheran Social Services, Drop In Center
BG0003 (IDIS Act #495) Served 174 clients. 20,000.00 14,607.97 (5,392.03) - -
2021 Senior Concerns, Meals on Wheels
BG9818 (IDIS Act #496) Served 135 clients. 17,000.00 17,000.00 - - -
2021 Many Mansions, Adult & Family Services
BG9828 (IDIS Act #497) Served 179 clients. 10,000.00 10,000.00 - - -
2021 Westminister Free Clinic, Economic Response
BG2026 (IDIS Act #498) Served 1,586 clients. 10,000.00 10,000.00 - - -
2021 County of Ventura, RAIN Program
BG9833 (IDIS Act #499) Served 2 clients. 8,000.00 8,000.00 - - -
2021 Funds available from IDIS Act #449 and #495 for Future Allocation - - 11,088.83 11,088.83
-$
Public Services
(HUD limits up to 15% of PY2020 Allocation) Sub Total 85,000.00$ 73,911.17$ -$ 11,088.83$ - 2021 Administration BGADMN (IDIS Act #500) 97,179.00 74,256.33 ( 22,922.67) - - 2021 Fair Housing BG2024 (IDIS Act #501) 13,921.00 13,921.00 - - -
2021 Funds available from IDIS Act #500 for Future
Allocation - - 22,922.67 22,922.67
-$
Administration
(HUD limit up to 20% of PY2020 Allocation) Sub Total 111,100.00$ 88,177.33$ -$ 22,922.67$ 130,002.49$ CDBG Program (100% of PY2020 Allocation) Total 581,545.00$ 506, 459.78$ -$ 205, 087.71$ version 2022/08/08
FY 2021 – 22 (PY 2021) CDBG PROGRAM EXPENDITURES
This table summarizes City’s CDBG-funded expenditures from 7/1/2021 through 6/30/2022 and includes unspent CDBG funds from prior years.

H:\COMMON\Housing & Redevelopment\2022 CDBG\2022 ACTIVITY\PY2021-22-Budget-Activity.xlsx\2021-CAPER Page 1 of 1 ATTACHMENT #2
Item No.8A

Project/Activity
PY 2020

CDBG-CV
Allocations
Expenses
2020-2021
Balance
6/30/2021
Expenses
2021-2022 Adjustments Balance
6/30/2022
COVID-19 Small Business Grant Program
CV0001 (26 Grants at $10,000)
(IDIS Act #459 to #484)
Assisted 150 People or 82.05 FTE Jobs. 340,016.00 260,000.00 80,016.00 - (80,016.00) - COVID-19 Economic Development Sub-Total 340,016.00$ 260,000.00$ 80,016.00$ -$ (80,016.00)$ -$ Lutheran Social Services Southern California -
COVID-19 Non-Congregate Shelter
CV0003 ($200,000 Grant) (IDIS Act #486)
Served 64 clients. 200,000.00 171,598.71 28,401.29 - (28,401.29) - Lutheran Social Services Southern California -
COVID-19 Emergency Services
CV0004 ($200,000 Grant) (IDIS Act #487)
Served 34 clients. 200,000.00 6,779.61 193,220.39 164,225.77 (28,994.62) - Harbor House - COVID-19 Winter Shelter
CV0005 ($200,000 Grant) (IDIS Act #488)
Served 27 clients. 200,000.00 188,081.64 11,918.36 11,918.36 - - Harbor House - COVID-19 Emergency Assistance
CV0006 ($50,000 Grant) (IDIS Act #489)
50,000.00 - 50,000.00 (50,000.00) - Substantial Amendment #3 funds transferred from
COVID-19 Economic Development to COVID-19
Homeless Public Services (4/26/2022) - - - - 80,016.00 80,016.00 Substantial Amendment #3 Surplus funds available
from completed activity with CV0003 (IDIS Act #486)
for future allocation to COVID-19 Homeless Public
Service (4/26/2022) - - - - 28,401.29 28,401.29 Substantial Amendment #3 Surplus funds available
from cancelled activity CV0006 (IDIS Act #489) for
future allocation to COVID-19 Homeless Public
Services (4/26/2022) - - - - 50,000.00 50,000.00 Substantial Amendment #3 funds transferred from
COVID-19 Administration to COVID-19 Homeless
Public Services (4/26/2022) - - - 80,000.00 80,000.00 Surplus funds available from completed activity with
CV0004 (IDIS Act #487) for future allocation to
COVID-19 Homeless Public Service on 5/10/2022. - - - - 28,994.62 28,994.62 Minor Amendment #1 transfer unallocated COVID-
19 Public Service funds to COVD-19 Administration
(6/22/2022)
$3,417.29 was available on 3/15/2022.
$28,994.62 was available on 5/10/2022. - - - - (32,411.91) (32,411.91) COVID-19 Homeless Public Services Sub Total 650,000.00$ 366,459.96$ 283,540.04$ 176,144.13$ 127,604.09$ 235,000.00$ Staff Costs - CV Admin Funds
CV0002 ($129,104 budget) (IDIS Act #485)
129,104.00 34,779.86 94,324.14 31,190.89 - 63,133.25 Substantial Amendment #3 funds transferred from
COVID-19 Administration to COVID-19 Homeless
Public Services (4/26/2022) - - - - (80,000.00) (80,000.00) Minor Amendment #1 transfer unallocated COVID-
19 Public Service funds to COVD-19 Administration
(6/22/2022) - - - - 32,411.91 32,411.91
COVID-19 Administration Sub Total 129,104.00$ 34,779.86$ 94,324.14$ 31,190.89$ (47,588.09)$ 15,545.16$ CDBG-CV Program (100%) Total 1,119,120.00$ 661,239.82$ 457,880.18$ 207,335.02$ -$ 250,545.16$ Balance
7/1/2022
51,700.00
183,300.00
235,000.00$
version 2022/08/02
Substantial Amendment #3 new activity, Turning Point Foundation, Our Place Safe Haven: COVID-19 Emergency Shelter and Navigation Center with a goal to serve 9 homeless clients. (4/26/2022) Substantial Amendment #3 new activity, Lutheran Social Services of So. CA, COVID-19 Non-Congregate Shelter Program with a goal to serve 30 homeless clients. (4/26/2022)
2022 CDBG-CV Project/Activity
COVID-19 Homeless Public Services
2022 CDBG-CV Project/Activity COVID-19 Homeless Public Services Total FY 2021 – 22 (PY 2021) CDBG Coronavirus (CDBG-CV) PROGRAM EXPENDITURES This table summarizes City’s CDBG-CV -funded expenditures from 7/1/2021 through 6/30/2022 CDBG-CV Funds - B20MW060549 $340,016 + $779,104 = $1,119,120 H:\COMMON\Housing & Redevelopment\CDBG-CV\CDBG-CV-Budget.xlsx\2021-CV-CAPER Page 1 of 1 ATTACHMENT #3
Item No.8A

TO:Andrew P. Powers, City Manager
FROM:Kelvin Parker, Community Development Director
Tracy M. Noonan, City Attorney
DATE:September 13, 2022
SUBJECT: Mobile Home Rent Stabilization Ordinance
RECOMMENDATION:

1. Receive information regarding the history of mobile home rent control regulations in the City of Thousand Oaks.

2. Provide direction as appropriate.

FINANCIAL IMPACT:

No Additional Funding Requested. Minimal staff time to prepare and process this report is included in the Adopted FY 2022-23 General Fund Budget.

BACKGROUND:

At the August 30, 2022, City Council meeting, a number of mobile home park residents spoke regarding rent increases being imposed by mobile home park owners and requested the City to take action to provide financial relief. Mobile home park rent adjustments were not on the City Council agenda and therefore could not be discussed. The City Manager placed this item on the September 13, 2022, City Council agenda for consideration.

A history of mobile home park rent control/regulations and the various associated issues is presented in this report.

DISCUSSION/ANALYSIS:

There are currently eight mobile home parks in the City. Five mobile home parks are restricted to seniors and three mobile home parks operate as family parks, totaling 1,008 spaces.

Item No.10A

Mobile Home Rent Stabilization Ordinance
September 13, 2022

3 7
9 The City has regulated mobile home park rent since 1980 through a Mobile Home Rent Stabilization Program. The regulations were amended several times from 1980 to 1996.
1996
In 1996, the City readopted and codified updated regulations via Ordinance 1254- NS (“1996 RSO”) (Attachment #1), which set forth restrictions on rent in the following manner:

1. Authorized automatic adjustments to rent based on a statutory formula without necessitating approval by the Rent Adjustment Commission (“RAC”).

2. Defined “Index” to mean “the figure employed when determining allowable rent increases … and shall be calculated by taking 75 percent of the Los Angeles-Long Beach-Anaheim Consumer Price Index for all urban consumers for the year ending April 1, rounded to the nearest tenth. No index in excess of 7 percent shall be employed.”

3. The formula for rent increases was to multiply the Maximum Base Rent by the Index. Maximum Base Rent refers to the highest rent charged for an individual space during the Base Year, which was 1986 for purposes of this version of the ordinance. All annual rent adjustments were formulated using this amount. In other words, rent increases were not calculated against the current year’s rent, but against the rent charged on July 1, 1986 (or such date as a new coach was leased to a new occupant).

4. Authorized additional rent increases for specific capital improvements and rehabilitation expenses (“Capital Improvement”) via an application process. The City Manager or designee would make a determination on the application and that determination could be appealed to the City Council.

5. Authorized additional rent increases based on finding that the current rent does not constitute a just and reasonable return on the rental space (“Just and Reasonable Return”). A mobile home park owner could submit an application for an increase and provide documentary evidence to support the increase, such as property tax information, maintenance and operating expenses, and financing costs. The RAC would decide, and that determination could be appealed to the City Council.

Item No.10A

Mobile Home Rent Stabilization Ordinance
September 13, 2022

3 7
9 2010/2011
2010 Park Owner Adjustment Applications
In 2010, the City received three (3) applications by park owners for increases in rents under the Just and Reasonable Return and the Capital Improvement provisions in the 1996 RSO.[1] Approval of these applications would have resulted in significant rent increases for the residents. For example, rents in the Thunderbird Oaks Mobile Home Park (Thunderbird) would have increased $332.52 per month, and rents in the Ranch Mobile Home Park (Ranch) would have increased $620.11 per month. Hearings were held before the RAC in 2011.

The City hired an expert to evaluate the applications and make a recommendation to the RAC. The expert was required to consider the profits earned and expenses incurred by the park owners, the Just and Reasonable Return factors set forth in the 1996 RSO, significant State and case law related to mobile home park regulations, and other pertinent factors. The recommendation resulted in substantial reductions to the rent increase requested by the park owners: The RAC approved a $62.00 per month rent increase for Thunderbird, phased in over a 2- year period, and approved a $191.95 per month increase for Ranch, phased in over a 7-year period. These rent increases approved by the RAC were concerning to the residents, many who indicated they were on fixed incomes.

The RAC decisions were appealed to City Council in early 2011 and City Council upheld those decisions. In November 2010, prior to the RAC determination on the applications, the City Council authorized the then mayor to facilitate discussions between the park owners and residents to find common ground and resolve the issues related to rent and potential closures/conversions. The City Council had several concerns:
(1) The residents were faced with significant rent increases. The 1996 RSO authorized these types of increases, which resulted in uncertainty for the residents. One of the purposes of the 1996 RSO was to create certainty for the residents that rent could increase annually, but the maximum increase would be known based on the formula set forth in the 1996 RSO. Additional increases permitted under the Capital Improvements and the Just and Reasonable Return provisions, however, could be significantly higher. The park owners were keenly interested in a rent adjustment permitted by the regulations. _______________________
1This was in addition to a 2005 application by the Conejo Mobile Home Park Owner to close the park and a 2008 application by the Vallecito Mobile Home Park Owner to convert and subdivide the park into individual lots for sale.

Item No.10A

Mobile Home Rent Stabilization Ordinance
September 13, 2022

3 7
9 (2) At the time, the legal landscape around mobile home parks was evolving. Various State laws were passed that provided mobile home park owners with more control over their property (i.e., mobile home park closures and conversions to for-sale lots). Case law also provided mobile home park owners with more control and rights.
2011 Mediation Between Park Owners and Residents
Former Mayor Andrew Fox proposed a confidential mediation process that involved appointing resident delegates from each mobile home park to represent the residents of the parks during the mediation with the park owners. Ranch Mobile Home Park residents declined to participate in the mediation because of the confidentiality requirement. The other park residents appointed delegates to mediate on their behalf. Numerous meetings were conducted, and the park owners and residents ultimately agreed to make changes to the 1996 RSO. The significant provisions of the mediated agreement were codified in the 2011 Rent Stabilization Ordinance 1559-NS (“2011 RSO”) (Attachment #2), and were as follows:

1. Special one-time supplemental rent adjustment of $100 for all mobile home parks except Ranch. This adjustment was phased in over 6 years in the amount of $16.67 per space per month. For Ranch, the supplemental adjustment was identical to the Just and Reasonable Rent adjustment recommended by the RAC - $191.95 per month, plus temporary interest - and was phased-in over 7 years at $27.42 per space per month. This supplemental adjustment was agreed to in lieu of the park owners being able to request a Just and Reasonable Return rent adjustment for a 10-year period.

2. Tenant subsidy program for the supplemental rent adjustment. All park owners were required to offer a subsidy program for income-qualified residents. The program also prohibited eviction of a qualified resident due to an inability to pay the supplemental rent increase.

3. Revisions to the Index and Base Year used to determine the automatic annual adjustment. The 1996 RSO set the Base Year at 1986 and the automatic annual adjustment at 75 percent of CPI with a maximum of 7 percent. Under the revised agreed upon formula, beginning in 2011, the Base Year for calculations would be set at 2005, and would change every 5 years by 5 years, and starting in 2017, the Index would change from 75 percent of CPI to 100 percent of the CPI. The parties agreed that there would be no ceiling or floor on annual increases.

4. Limited additional rent increases allowed through vacancy decontrol/recontrol.

Item No.10A

Mobile Home Rent Stabilization Ordinance
September 13, 2022

3 7
9 5. Adjustments related to process and requirements for rent adjustment applications related to reimbursement for Capital Improvements.

6. A ten-year covenant not to sue or seek Just and Reasonable Return rent adjustments was recorded by each park owner. The covenant included an agreement not to convert the mobile home parks to for-sale lots during the ten- year period. The covenant would be rendered void, however, if the City substantively amended the RSO or a court invalidated a material part of the RSO.

City Council approved the mediated agreement via adoption of the 2011 RSO. City Council also repealed other resolutions relating to Ranch Mobile Home Park to eliminate potential inconsistencies or ambiguities between the resolutions and the 2011 RSO. City Council adopted the 2011 RSO which resolved two significant issues before the City: balancing the desire to safeguard residents from excessive rent increases, while at the same time, providing park owners with a just and reasonable return.

Litigation Regarding the 2011 RSO
After City Council adoption of the 2011 RSO, the City was sued by the residents at Ranch Mobile Home Park. They sought to invalidate the 2011 RSO based in part on Fair Housing and Due Process laws, and requested millions of dollars in damages. The City spent more than $1 million defending the validity of the 2011 RSO. If the Ranch residents were successful invalidating the 2011 RSO, there would no longer be rent control for any of the mobile home parks in the City, including the Ranch residents, and the park owners would have been able to raise rents by any amount without any oversight or regulation by the City. The ramifications of the lawsuit impacted every single resident and park owner. The City ultimately prevailed after many years of litigation. 2021
Sunset of the 2011 Mediated Agreement
The 10-year special rent adjustment moratorium sunsetted on August 18, 2021.

On June 22, 2021, City Council approved revisions to the 2011 RSO. The 2011 RSO was amended to: (1) to ensure consistency with changes in State law, provide clarity, and delete obsolete provisions; (2) address the impending expiration of the 10-year moratorium on Just and Reasonable Rent adjustments; and (3) dissolve the RAC and assign the duties of the RAC to the Planning Commission. City Council did not make any substantive changes to the annual rent adjustment formulas agreed upon between the park owners and mobile home park residents.

Item No.10A

Mobile Home Rent Stabilization Ordinance
September 13, 2022

3 7
9 Current 2021 RSO
The City’s current ordinance 1686-NS (“current RSO”) (Attachment #3) allows for automatic annual adjustment to rents just as the 1996 RSO and the 2011 RSO allowed. The adjustment is based on the change in CPI and continues to be applied to a base rent. The calculation of “Index” remains the same as set forth in the 2011 RSO except that the language referring to the calculation prior to 2017 was deleted. Both the 2011 RSO and the Current RSO calculate the “Index” as 100 percent of the Consumer Price Index rounded to the nearest tenth. (Section 5-

25.02). As a reminder, the calculation of permissible rent adjustments up to 100 percent of CPI, has been in place since 2017 and was negotiated and agreed upon by the residents and park owners. The annual rent adjustment provisions are set forth in Section 5-25.06:
“The maximum adjusted rent for any occupied rental space may be increased without permission of the City as follows:
(a) For a rental space which at any time after August 1, 1980, has not had a rent increase for a period of twelve (12) consecutive months or more, the maximum adjusted rent may be increased in an amount, as set forth in subsection (b) below, and as limited by subsection (c) below:
(b) Automatic annual adjustment. The automatic increase shall be determined by multiplying the maximum base rent by the index.
(c) Notice of increases. Notice of any increase in rent pursuant to this section shall be given in accordance with the Civil Code of the State of California. (d) Notice of index. After review of pertinent information from the U.S. Bureau of Labor Statistics, the Finance Director or designee shall determine the index for each year, and the Community Development Department shall notify each landlord by mail of their determination.”
In addition, the current RSO continues to allow for Capital Improvement rent adjustments (Section 5-25.08) and Just and Reasonable Return adjustments. (Section 5-25.09). A key difference between the 2011 RSO and the current RSO is that park owner applications are considered by the Planning Commission instead of a RAC.

Item No.10A

Mobile Home Rent Stabilization Ordinance
September 13, 2022

3 7
9 2022
Current Resident Requests
Current economic conditions have impacted most people in our community.

Inflation is higher than it has been in many years, and prices for food and gas to medical services have risen. Even prior to the current economic challenges, rental property in the City has been scarce with vacancy rates at 1-2 percent for years, and rents for all housing types have increased significantly. There were increases in wages, although not typically commensurate with inflation. In addition, Social Security income benefits were increased by 5.9 percent in January 2022 and are anticipated to increase by as much as 9-10 percent in January 2023.

As previously noted, mobile home park residents requested changes be made to the current RSO in order to keep the annual rent adjustments low and provide some relief. Staff met with some of the residents and noted the following requested modifications to the Current RSO:
•Reduce the percentage of CPI that is applied to the rent adjustment •Place a cap on the CPI itself
Each of these requests would require City Council to amend the current RSO. Any changes to the current RSO would include a consideration of legal restrictions and certain risks as summarized below.

Legal Restrictions Related to Rent Control/Mobile Home Parks Regulation of rent charged for residential rental units is within the City’s police powers with some exceptions. However, units constructed after 1995 are statutorily exempt from rent regulation pursuant to State law. For mobile home spaces, a city is precluded from enacting rent regulations for spaces created after 1990. In general, rent control must serve a legitimate governmental purpose and permit the property owner to earn a just and reasonable return. There are numerous areas of law that govern mobile home regulations and rent control. The following are pertinent to this discussion:
•5th Amendment – Just and Reasonable Return Rights
Property owners have civil rights under the Federal and State Constitutions. The Fifth Amendment prohibits government from “taking” property without just compensation. A “taking” can be physical (i.e., city takes property for a road-widening project), or regulatory (i.e., city adopts an ordinance preventing use of the property).

Item No.10A

Mobile Home Rent Stabilization Ordinance
September 13, 2022

3 7
9 In order to ensure a rent control regulation does not amount to a regulatory taking, a governmental entity must ensure that the regulation provides the property owner a just and reasonable return. A “just and reasonable return” has been described as one that is high enough to encourage good management, reward efficiency, and discourage the flight of capital; is commensurate with returns on comparable investments, but not so high as to defeat the purpose of preventing excessive rents. This is a heavily litigated matter; however, each case is unique to its facts and circumstances. A denial of a just and reasonable return constitutes an unconstitutional taking of property.
•Mobile Home Park Closure/Conversion Laws
Mobile homes and mobile home parks are extensively regulated by State law. Closures and conversions of mobile home parks are legally permitted under State law, and a city may not prevent or prohibit the closure or conversion of a mobile home park to resident-owned lots. The City’s Zoning Code sets forth the process to close or convert a mobile home park but acknowledges that the City’s regulations are preempted by any changes to State law.

Consideration of the Current RSO and Potential Amendments Any substantive revisions to the current RSO, such as changes to the annual rent adjustment formula, should take into consideration the following:
•Right to Just and Reasonable Returns on Investments
Park owners have a constitutional land use right to a just and reasonable rate of return on their investment property. Under the current RSO, park owners are allowed to request a Just and Reasonable Return adjustment in addition to the prescribed annual rent adjustment if they believe that they are legally entitled to a higher rent adjustment in order to yield a just and reasonable return. The Just and Reasonable Return Adjustment Application requires the owner to show their property income and expenses, in addition to other documentation to substantiate the request.
•Potential Litigation
Any amendments to the current RSO would allow for legal challenges by any party. These lawsuits can range from a Fifth Amendment challenge by a park owner to a Fair Housing or Due Process challenge by a resident.

Item No.10A

Mobile Home Rent Stabilization Ordinance
September 13, 2022

3 7
9 Under any circumstances, these lawsuits are very costly and traditionally take years to resolve. In some circumstances, it can result in the elimination of rent control.
•Mobile Home Park Closures
According to recent statistics, 41 California mobile home parks have closed since 2015 to make way for redevelopment, as the land is far more valuable for developers to create more density. Culver City alone is in the process of closing potentially 4 mobile home parks. While there are some protections in place for residents when parks close, the compensation offered may be insufficient, and there is little or no space in the surrounding mobile home parks to absorb any displaced residents.

Status of 2022 Rate Adjustments
City notice regarding the eligible 2022 annual mobile home park rent adjustment was delivered to the mobile home park owners in early May 2022. Pursuant to the current RSO, the maximum rent adjustment for a mobile home park space for the period November 1, 2022, through October 31, 2023, shall be no more than 8.5 percent of the current maximum base rent. Park owners were contacted in recent weeks to confirm their rate increase and determine if they would consider a reduction in the scheduled increase. The findings of the survey are presented below.

Mobile Home Park* Increase% & Date Consider Reduction? Elms Plaza 8.5%, Nov. 1, 2022 Firm, no change Ranch 8.5%, Nov. 1, 2022 Firm, no change Thunderbird Oaks 8.5%, Nov. 1, 2022 Firm, no change Twin Palms 8.5%, Jan. 1, 2023 Firm, no change Vallecito 6.0%, Nov. 1, 2022 Firm, no change Ventu Park Villa 8.5%, Nov. 1, 2022 Firm, no change Ventu Park Estates 8.5%, Nov. 1, 2022 Firm, no change *Lakestone Mobile Home Park owner reports no tenants in park

SUMMARY
Since 1980, the City has regulated rents charged to residents in mobile home parks. These regulations were comprehensively updated two times – 1996 and 2011.

Item No.10A

Mobile Home Rent Stabilization Ordinance
September 13, 2022

3 7
9 The modifications that occurred in 2011 were the result of a complex mediation, between park owners and mobile home park residents which established mutually agreed-upon criteria for rent increases in all mobile home parks in the City for a ten-year period that ended last year, and a mutually agreed-upon formula for annual rent adjustments in all mobile home parks after that ten-year period.

High inflation has resulted in an unusually substantial increase in the Consumer Price Index, and in accordance with the current RSO, permitted rents in mobile home parks to increase by up to 8.5 percent effective November 1, 2022. High inflation has impacted both the residents and the park owners.

Some residents have requested the City to modify the current RSO to reduce the upcoming rent increase, however, any amendment to the current RSO gives rise to significant legal considerations.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goal(s):

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

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: Gary Rogers, Deputy City Manager
Attachments:

Attachment #1 – Ordinance 1254-NS (1996 RSO)
Attachment #2 – Ordinance 1559-NS (2011 RSO)
Attachment #3 – Ordinance 1686-NS (current RSO)
CDD:430-40\H: COMMON\Council Items\2022 Staff Reports\091322\091322 Mobile Home Rent Stabilization Ordinance Staff Report
Item No.10A

ORDINANCE NO. 1254- NS

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF THOUSAND OAKS RE -ADOPTING, CODIFYING

AND AMENDING THE MOBILEHOME RENT STABILIZATION
ORDINANCE AND PROGRAM FOR THE CITY OF THOUSAND OAKS.

The City Council of the City of Thousand Oaks does hereby ordain as follows:

Part 1
The uncodified Ordinance No 933- NS ( Rent Stabilization Program) is hereby repealed and is to be replaced by the codified sections set forth below.

Part 2
Chapter 25 is added to Title 5 of the Thousand Oaks Municipal Code to read as follows:

CHAPTER 25. MOBILEHOME RENT STABILIZATION
Sec. 5- 25. 01. Findings and Purpose.

There is a shortage of vacant and available mobilehome spaces in the City of ThousandOaks resulting in a critically low vacancy factor. Many mobilehome tenants are on fixed incomes and, if displaced as a result of their inability to pay increased rents, must relocate at a substantial loss or expense, and, in addition, as a result of such housing shortage they may be unable to find decent, safe and sanitary new housing at affordable rent levels. Aware of the difficulty in finding alternative decent housing, some tenants attempt to pay requested and uncontrolled rent increases, but as a consequence, must expend less on other necessities of life. This situation has had a detrimental effect on substantial numbers of renters in the City, especially creating hardships on senior citizens on fixed incomes, and low and moderate income households.

The City causes data to be collected through the annual registration statements submitted by mobilehome landlords, which confirms a mobilehome space and housing shortage continues to exist in the City, the vacancy rate in mobilehomeparks remains critically low and the deregulation of rents at this time could lead to exorbitant rent increases and aggravation of the crisis, cao: jt Ord. No. 1254- NS
1-
ATTACHMENT #1
Item No.10A

problems and hardships which existed prior to the adoption of the program.

This housing shortage necessitates the continuation of the mobilehome rent stabilization program. Therefore, Jt, is necessary and reasonable to continue to regulate rents so as to safeguard tenants from excessive rent increases and at the same time provide landlords with a just and reasonable return on their rental spaces.

Sec. 5- 25. 02. Definitions.

The following words and phrases, whenever used in this Chapter shall be construed as defined in this section.
a) " Average per space capital improvement cost" means an amount determined by dividing the cost of the capital improvement by the total number of mobilehome unit rental spaces in the mobilehome park with respect to which the cost was incurred.
b) " Average per space rehabilitation cost" means an amount determined by dividing the cost of the rehabilitation, less any offsetting insurance proceeds, by the total number of mobilehome unit rental spaces in the mobilehome park with respect to which the cost was incurred. c) " Capital improvement" means the addition or replacement of improvements to a rental space, spaces or the common areas of the mobilehome park, provided such new improvement has a useful life of five years or more, including but not limited to, roofing, carpeting, draperies, stuccoing the outside of a building, air conditioning, security gates, swimming pool, sauna or hot tub, fencing, garbage disposal, washing machine or clothes dryer, dishwasher, recreational equipment permanently installed on the premises, and other similar improvements as determined by the Commission. d) " Commission" means the Rent Adjustment Commission of the City of Thousand Oaks.
e) " Decontrolled space" means any space formerly subject to the Rent Stabilization Ordinance, as amended, which was vacant on or after June 26, 1981, and such vacancy occurred on or after May 1, 1981 by reason of the tenants' voluntary vacation of that space or the tenants' eviction for non- payment of rent.
f) " Housing services" means services connected with the use or occupancy of a mobilehome rental space including, but not limited to, utilities ( including cable T. V., light, heat, water and telephone), ordinary repairs or replacement and maintenance, including painting. This term shall also include the provision of elevator service, laundry facilities and privileges, common recreational facilities, janitor service, resident manager, refuse, removal, furnishings, parking, and any other benefits, privileges or facilities.
cao: jt Ord. No. 1254- NS
2-
Item No.10A

n) " Mobilehome tenant or resident" means any person entitled to occupy a mobilehome which is located within a mobilehome park. o) " Rehabilitation work" means any rehabilitation or repair work done on or in a rental space or common areas of the housing complex containing the rental space and which work was done in order to comply with an order issued by the Department of Building and Safety, the Health Department, or the Fire Department, or to repair damage resulting from fire, earthquake or other natural disaster.
p) " Rent" means the consideration, including any bonus, benefits or gratuity, demanded or received by a landlord for or in connection with the use or occupancy of a rental space, or the assignment of a lease for such a space including, but not limited to, any monies demanded or paid for parking, furnishings, housing services of any kind, subletting or security deposits.
q) " Rental space," except as provided below, includes underlying land and mobilehomes thereon, whether rent is paid for the mobilehome and the land upon which the mobilehome is located, or rent is paid for the land alone. The term shall not include:
1) Four or fewer mobilehomes located on the same lot or parcel. 2) Mobilehomes located in nonprofit cooperative parks owned and controlled by a majority of the residents.
3) Mobilehomes which a governmental unit, agency or authority owns, operates, or manages which are specifically exempt from municipal rent regulations by state or federal law or administrative regulations. Accommodations to which rental assistance is paid pursuant to 24 C.F. R. 882 (" HUD Section 8 Federal Rent Subsidy Program") may be exempted wholly or partially from the terms of this Chapter on an individual basis by written application to the City Manager and after notice to the tenant and landlord involved.
4) Mobilehomes located in a mobilehome park for which a certificate of occupancy was first issued after June 30, 1980.
5) Nonprofit mobilehome parks. Mobilehomeparks operated by an organization exempt from federal income taxes under Section 501( c)( 3) of the Internal Revenue Code provided that the gross income derived therefrom does not constitute unrelated business income as defined in Section 512 of the Internal Revenue Code.
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g) " Index" means the figure employed when determining allowable rent increases under section 5- 25. 05, and shall be calculated by taking 75% of the Los Angeles - Long Beach -Anaheim, Consumer Price Index for all urban consumers for the year ending April 1, rounded to the nearest tenth. No index in excess of 7% shall be employed.
h) " Landlord" means an owner, lessor, or sublessor ( including any person, firm, corporation, partnership, or other entity) of a mobilehome park, who receives or is entitled to receive rent for the use of any mobilehome rental space, or the agent, representative or successor of any of the foregoing.
i) " Maximum adjusted rent" means the maximum rent plus any rent increase subsequently effected pursuant to sections 5- 25. 05 and 5- 25. 06, less any rent reductions required by regulations promulgated by the Commission.

Said amount shall be rounded to the nearest dollar and shall not include any increase for capital improvement work or rehabilitation work approved by the City.
j) " Maximum base rent" means, for a rental space that was occupied by one or more of the same tenants from July 1, 1986 to February 22 , 1996, the highest legal monthly rent which was in effect for the rental space or space on July 1, 1986. For rental spaces vacated, as defined in section 5- 25. 05 b), between July 1, 1986 and February 22 , 1996 and for all spaces vacated after that date and eligible for decontrol/ recontrol pursuant to this Chapter, the maximum base rent shall be the highest legal rent in effect on the re - renting of the space. Any increase subsequently effected pursuant to section 5- 25. 05 shall be computed against the maximum base rent. k) " Maximum rent" the highest legal monthly rate of rent which was in effect for the rental space during any portion of the month of June 1980.

If a rental space is not rented during said month, then it shall be the highest legal monthly rate of the rent in effect between June 1, 1979 and May 31, 1980. If a rental space was not rented during either of the above periods, then it shall be the rent charged for an equivalent space that was rented during the month of June 1980, or if not so rented then, during the period between June 1, 1979 and May 31, 1980.
1) " Mobilehome" means a single dwelling unit structure designated or designed for human habitation, transported over the highways to a permanent occupancy site, and installed on the site either with or without a permanent foundation.
m) " Mobilehome park" means a parcel of land where five or more mobilehome spaces are rented or leased out for mobilehomes used as residences.

Mobilehome park" does not include developments which sell lots for mobilehomes or manufactured housing, or which provide condominium ownership of such lots, even if one or more homes in the development are rented or leased out.
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r) " Tenant" means a tenant, subtenant, lessee, sublessee, or any other person entitled to use or occupancy of a mobilehomerental space. s) " Vacancy" means when a tenant voluntarily vacates a mobilehome rental space or when a tenant is evicted for nonpayment of rent. A vacancy shall not exist when the tenant sublets or assigns his interest in the rental space, including the subletting or sale of a mobilehome coach which remains on the same space within a mobilehome park. If a mobilehome is removed from the space, the space is decontrolled until re - rented to a new tenant and thereafter is subject to all the provisions of this ordinance.

Sec. 5- 25. 03. The Rent Adjustment Commission.
a) Creation and Organization of the Rent Adjustment Commission.

The " Rent Adjustment Commission of the City of Thousand Oaks" is hereby created. The Commission shall consist of five seated members comprised of one landlord, one tenant and three individuals who are neither landlords nor tenants of a residential rental property. Three alternate commissioners may be appointed by the City Council to the Commission, comprised of one landlord, one tenant, and one individual who is neither a landlord nor a tenant of a residential rental property. The seated members and alternates shall be appointed and removed by the Council, all serving at the Council' s pleasure.

If at any time during the term of a seated member or alternate member, the member becomes a landlord or tenant of residential rental property, or ceases to be same in conflict with his/ her Commission designation, the office or position of that member shall immediately become vacant and a new appointment made thereto.

The term of office or assignment for each member of the Commission shall be for the period of time from their appointment to the time that this section is no longer in effect. The Commission shall designate one of its members as a chairperson and one of its members as vice chair, which officers shall hold office for one year and until their successors are elected. b) Commission Action and Procedure. Each of the five seated Commissioners shall be entitled to one vote. Three members shall constitute a quorum for purposes of conducting a meeting. The decisions of the Commission shall be determined by a majority vote of the seated members present. An alternate Commissioner may only become a seated Commissioner for purposes of Commission action or decision in the absence of the Commissioner appointed as a seated member of the Commission or if the seated member asks to be excused.

In the event of such absence, an alternate Commissioner shall be seated only in accordance with his/ her designation as a landlord, tenant, or non- landlord/ non- tenant. In no event shall more than five votes be cast for any action or decision of the Commission.
c) Powers and Responsibilities. The Commission shall have the power and be responsible for carrying out the provisions of this Chapter and the provisions of any ordinance regulating rents in apartment complexes. It shall have the authority to issue orders and promulgate policies, rules and cao: jt Ord. No. 1254- NS
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10 regulations to effectuate the purposes of this Chapter. It may make such studies and investigations, conduct such hearings, and obtain such information as it deems necessary to promulgate, administer and enforce any regulation, rule or order adopted pursuant to this Chapter. The City Manager shall designate employees to furnish staff support to the Commission.

Every year the Commissionmay render to the City Council a written report of its activities pursuant to the provisions of this Chapter along with such comments and recommendations as it may choose to make. The Commissionshall meet as often as necessary to perform its duties.
d) Compliance with Brown Act. The meetings of the Commission shall be held within the city and open to the public. Such meetings shall be conducted in accordance with the items contained in a posted agenda and conducted in compliance with the state Brown Act.

Sec. 5- 25. 04. Restrictions on rents.

No landlord shall demand, accept, or retain more than the maximum rent or the maximumadjusted rent for a mobilehomerental space permitted pursuant to this Chapter or to regulations or orders adopted pursuant to this Chapter, nor shall any landlord effect a prohibited rent increase through the reduction of housing services.

All landlords shall maintain records setting forth the maximum adjusted rent, the maximumbase rent and the current rent being charged for each rental space. This information shall be disclosed to the City upon the City' s request. Each landlord who demands or accepts a rent higher than the maximum adjusted rent or demands or accepts a fee or surcharge shall inform the tenant or any prospective tenant of the rental space, in writing, of the factual justification for the fee, surcharge or difference between said maximumadjusted rent and the rent which the landlord is currently charging or proposes to charge.

Sec. 5- 25. 05. Automatic adjustments to rent and vacancy decontrol.

The maximum adjusted rent for any rental space may be increased without permission of the Rent Adjustment Commission as follows:
a) Occupied Rental Spaces. For a rental space which at any time after August 1, 1980 has not had a rent increase for a period of 12 consecutive months or more, the maximum adjusted rent may be increased in an amount determined by multiplying the MaximumBase Rent by the Index.

Notice of Index. After review of pertinent information from the U. S. Bureau of Labor Statistics, the City Manager shall determine the Index from each year and notify each landlord by mail of his finding. Automatic cao: jt Ord. No. 1254- NS
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adjustments effected September 1 through August 31 shall employ the Index immediately prior to that period.
b) Vacancy Decontrol/ Recontrol. If a rental space is vacated voluntarily or as a result of eviction for nonpaymentof rent, the maximum adjusted rent may be increased to any amount upon the re -rental of the rental space. Thereafter, as long as the rental space continues to be rented to one or more of the same persons, no other rent increase shall be imposed except as provided in this Chapter.
c) Notice of Increases. Notice of any increase in rent pursuant to this section shall be given in accordance with the Civil Code of the State of California. If an increase has been noticed but not effected prior to the effective date of this ordinance, said notice shall be construed as a valid notice to increase rents in an amount not to exceed the increase permitted by this section.

Sec. 5- 25. 06. Administrative adjustments to rent.
a) Capital Improvements and Rehabilitation. The City Manager or his designee, in accordance with such guidelines as the Commission may establish, shall have the authority to grant rent adjustments subject to the procedures set forth below for a rental space or spaces located in the same park upon receipt of an application for adjustment filed by the landlord of the rental space or spaces if he finds that one or more of the following grounds exist:
1) That on or after January 1, 1982, the landlord has completed a capital improvement with respect to a rental space and has not increased the rent to reflect any of the cost of such improvement. If such a finding is made, the landlord shall be entitled to a monthly rent increase equivalent to the cost of the improvement divided by the number of months of the improvement' s useful life, except that no increase shall be allowed when the improvement was discrete to the interior of a tenant' s rental space and said improvement was not necessary to safeguard the landlord' s property from deterioration or loss in value without the express written consent of the tenant to such an increase.

The Commission shall provide, by resolution, for the categorization of the capital improvement into five, ten and 15 year useful lives and shall, when necessary, decide which useful life category shall be applied to capital improvements which are not identified within the above - mentioned resolution. The City Manager or his designee shall be responsible, in the absence of the tenant' s written consent, for determining whether or not an improvementwas necessary to safeguard the landlord' s property from deterioration or loss in value. Nothing in this section shall be interpreted to preclude a landlord from making or performing a capital improvement.
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2) That on or after January 1, 1982, the landlord has completed rehabilitation work with respect to a rental space and has not increased the rent to reflect any of the cost of such work. If such a finding is made, the landlord shall be entitled to a monthly rent increase equivalent to the cost of the improvement divided by the number of months that the City Manager or his designee determines to be the appropriate amortization period for that rehabilitative work. b) Just and reasonable return.
1) Commission Adjustments. The Commission shall have the authority, in accordance with such guidelines as the Commissionmay establish, to grant increases in the rent for a rental space or spaces located in the same mobilehome park, upon receipt of an application for adjustment filed by the landlord and after notice and hearing, if the Commissionfinds that such increase is in keeping with the purposes of this Chapter and that the maximum rent or maximum adjusted rent otherwise permitted pursuant to this Chapter does not constitute a just and reasonable rent on the rental space or spaces. The following are factors, among other relevant factors as the Commission may determine, which may be considered in determining whether a rental space yields a just and reasonable return:
i) property taxes;
ii) reasonable operating and maintenance expenses;
iii) the extent of capital improvements made to the common area or spaces as distinguished from ordinary repair,
replacement and maintenance;
iv) living space, and the level of housing services;
v) substantial deterioration of the rental spaces other than as a result of ordinary wear and tear; and
vi) failure to perform ordinary repair, replacement and maintenance; and
vii) financing costs on the property if such financing was obtained prior to April 1, 1980 and if it contains
either a balloon payment or variable rate provision.
2) Anti - Speculation Provision. If the only justification offered for the requested rent increase on the landlord' s application is an assertion that the maximumrents or maximumadjusted rents permitted pursuant to this Chapter do not allow the landlord a return sufficient to pay both the operating expenses and debt service on the rental space or spaces or on the mobilehome park containing the rental space or spaces, a rent adjustment will not be permitted pursuant to this subsection to a landlord who acquired an interest in the rental space or spaces after January 1, 1980.
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c) Procedures.
1) All applications for rent adjustment shall be submitted to the City Manager and shall include, among other things, the mailing addresses and space numbers of the space or spaces for which an adjustment is requested. Each application shall be accompanied by a filing fee of $ 20. 00 plus $ 5. 00 per space affected by the proposed increase. The City Manager shall determine whether an application is complete within 30 days of submittal. The applicant shall produce at the request of the City Manager or Commission such records, receipts and reports as may be necessary to make a determination on the adjustment request. Failure to produce such requested items shall be sufficient basis for the termination of the rent adjustment proceedings. All applications for rent adjustment, together with all oral and written evidence presented in support thereof, shall be under oath or penalty of perjury.
2) Within ten days of the determination by the City Manager that the application is complete, the City Manager shall set a date for a hearing and determination. The City Manager shall notify the tenant or tenants of the subject space or spaces by mail of the receipt of such application, the amount of the requested increase, the landlord' s justification for the request, and the place, date and time of the hearing on the adjustment request. The hearing shall be set no less than ten days and no more than forty- five ( 45) days after the date of mailing such notice.
3) The hearing shall be conducted in accordance with rules of procedure which the Commission may choose to adopt. In the event that the Commission does not adopt such rules of procedure, the hearing shall be conducted in general accordance with the City Council Manual of Procedure, Ordinance 488- NS. At the time of the hearing, the landlord and/ or any affected tenants may offer such documents, testimony, written declarations or evidence as may be pertinent to the proceedings. 4) A determination with written findings in support thereof shall be made within seventy- five ( 75) days from the determination that the application for rent adjustment was complete. The rent adjustment may be granted for less than, but not for more than, the amount requested.
5) Copies of the findings and determination of the Commission shall be mailed by the City Manager to the applicant and all affected tenants.
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Sec. 5- 25. 07. Evictions.
a) A landlord may bring an_action. to recover possession of a rental space only upon one of the following grounds:
1) The tenant has failed to pay the rent to which the landlord is entitled.
2) The tenant has violated an obligation or covenant of the tenancy, other than the obligation to surrender possession upon proper notice, and has failed to cure such violation after having received written notice thereof from the landlord.
3) The tenant is committing or permitting to exist a nuisance in or is causing damage to, the rental space or to the appurtenances thereof, or to the commonareas of the park containing the rental space, or is creating an unreasonable interference with the comfort, safety, or enjoyment of any of the other residents of other mobilehomes in the park, and has failed to cure such violation after having received written notice thereof from the landlord.
4) The tenant is using or permitting a rental space to be used for any illegal purpose.
5) The tenant, who had a written lease or rental agreement which terminated on or after the effective date of this ordinance, has refused, after written request or demand by the landlord, to execute a written extension or renewal thereof for a further term of like duration with similar provisions and in such terms as are not inconsistent with or violative of any provisions of this Chapter.
6) The tenant has refused the landlord reasonable access to the space for the purpose of making repairs or improvements, or for the purpose of inspection as permitted or required by the lease or by law, or for the purpose of showing the rental space to any prospective purchaser or mortgagee.
7) The person in possession of the rental space at the end of a lease term is a subtenant not approved by the landlord. 8) The landlord seeks in good faith to recover possession so as to demolish or perform other work necessitating the removal of the rental space from rental housing use, except that if the landlord seeks to recover possession for the purpose of converting the space into a stock cooperative, the landlord must have complied with the notice requirements of Government Code section 66427. 1 and applicable City ordinances.
9) The landlord seeks in good faith to recover possession in order to permanently remove the rental space from rental housing use. cao: jt Ord. No. 1254- NS
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b) If the dominant intent of the landlord in seeking to recover possession of a rental space is retaliation against the tenant for exercising his/ her rights under this Chapter, and if the tenant is not in default as to the payment of rent, the landlord may not recover possession of a rental space in any action or proceeding or cause the tenant to quit involuntarily.
c) Before a landlord can use tenant violation of a covenant or obligation of tenancy as grounds for eviction, the landlord must have provided the tenant with a written statement of the respective covenants and obligations of both the landlord and tenant prior to such alleged violation, and such statement must have set forth the particular covenant or obligation subsequently alleged to have been violated. d) In any action by a landlord to recover possession of a rental space, the tenant may raise, as an affirmative defense, any of the grounds set forth in Subsections ( a), ( b), and ( c) of this section. e) In the event it should be determined that any provision of this section is in conflict with California law relative to landlord/ tenant relationships, including eviction of tenants, then, and in that event, any rental space which becomes vacant following eviction for any reason other than nonpayment of rent, shall not be re - rented at a rent in excess of the maximum adjusted rent as defined herein.

Sec. 5- 25. 08. Remedies.

Any person who demands, accepts or retains any payment of rent in excess of the maximum rent or maximum adjusted rent in violation of the provisions of this Chapter, or any regulations or orders promulgated hereunder shall be liable in a civil action to the person from whomsuch payment is demanded, accepted or retained for damages of three times the amount by which the payment or payments demanded, accepted or retained exceed the maximumrent or maximumadjusted rent which could be lawfully demanded, accepted or retained together with reasonable attorney' s fees and costs as determined by the court, together with a civil penalty not to exceed the sum of Five Hundred Dollars ($ 500. 00).

Sec. 5- 25. 09. Refusal of a tenant to pay.

A tenant may refuse to pay any rent in excess of the maximumrent or maximumadjusted rent permitted pursuant to this Chapter or regulations or orders adopted hereunder. The fact that such rent is in excess of maximum rent or maximum adjusted rent shall be a defense in any action brought to recover possession of a rental space or to collect the illegal rent. cao: jt Ord. No. 1254- NS
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Sec. 5- 25. 10. Prior Ordinances.
a) This Chapter is derived from Ordinances 747- NS and 755- NS as amended by Ordinances 782- NS, 787- NS, 805- NS, 831- NS, 838- NS, 838- NS, 846- NS, 933- NS, 1040- NS, and 1216- NS. This Chapter shall control to the extent a conflict exists between it and any former law to the contrary, however, the former ordinances shall provide a supporting basis for the findings and interpretations of this ordinance and shall be employed when necessary in determining the maximum rent, maximum adjusted rent and maximum base rent for a space.

Sec. 5- 25. 11. Appeals.

Any dispute, contention, or disagreement relative to interpretation, application or enforcement of this Chapter or any provisions thereof, shall be submitted to the City Council for determination in accordance with the provisions of section 1- 4. 01 through section 1-4. 05 of the Thousand Oaks Municipal Code, provided that all decisions of the City Manager shall first be appealable to and ruled on by the Commission.

Sec. 5- 25. 12. Registration.
a) Purpose. The purpose of the registration requirement is to enable the City to monitor rents under this Chapter and to provide for the assessment of fees to assist in the financing of the reasonable and necessary expenses of the implementation and administration of the mobilehome rent stabilization program within the City of Thousand Oaks.
b) Registration. On or before January 1 of each year, a landlord shall furnish to the City Manager, upon a form approved by the City Manager, information indicating the maximum base rent and maximum adjusted rent for each rental space in the complex as of October l of that year. Such spaces shall be individually designated by their space number and mailing address.

Additionally, the landlord shall indicate when the rent for each individual space was last increased pursuant to section 5- 25. 05. c) Registration Fee. By January 1 of each year, the landlord shall submit to the City Manager, a registration fee in the amount of $ 10. 00 for each controlled rental space in the City of Thousand Oaks. A landlord who does not pay the registration fee by January 1 of any given year shall be assessed a late charge of $ 2. 00 per month per space for which the registration fee is not paid. The City Council may from time to time adjust this fee by resolution. This section shall not apply to any space which will not receive an increase in rent pursuant to section 5- 25. 05( a) in any year for which the fee is due, provided that the landlord identify each space which will not receive such an increase by indicating " no increase" in the " Comments" section of the Registration Form ( section 5- 25. 12( b)), above. cao: jt Ord. No. 1254- NS
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Part 3
Severability
Uncodified)
If any provisions or clause of this ordinance or the application thereof to any person or circumstance is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other ordinance provisions or clauses or applications thereof which can be implemented without the invalid provision or clause or application, and to this end, the provisions and clauses of this ordinance are declared to be severable.

PASSEDAND ADOPTEDthis 23rd day of January, 1996
ANDREW P. FOX, Mayor
City of Thousand Oaks, California
ATTEST:
1 .

Wvl
Na cy Dillon, City Clerk

APPROVED AS
IFORM: dA02-
Mark G. Sel1lers, City Attorney
APPROVED AS TO ADMINISTRATION:

V 1 1446-11 - -
Grant R. Brimhal6scfty Manager
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t. 4 q;
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w V W4110)40 ULLIW- 0it • '
1, NANCYA. DILUIN, City Clerk of the City of Thousand Oaks, DOHEREBYCERTIFYthat the foaregoing is a full, true, and correct copy of Ordinance No. 1254- NS, that was introduced by said City Council at a regular meeting held January 16, 1995 and adopted by said City Council at a regular meeting held January 23, 1995, by the following vote:

AYES: CouncilmaA) ers Markey, Zukawski, Zeanah and Mayor Pbx NOES: Ncm
ABSENT: Councilmennber Lazar
I further certify that said Ordinance 1254-NSwaspublished as required by law in the THOUSANDOAKSSTAR, a newspaper of general circulation printed and published in said City.
3N WITNESS MEOF, I have hereunto set my hand and affixed the official seal of the City of Thousand Oaks, California.

A. illon, City Clerk
City of Thousand Oaks, California
Administrative Note/ Correction 10/ 31/ 08
Ordinance No. 1254- NS introduced January 16, 1996
Ordinance No. 1254-• NS adopted January 23, 1996
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DocuSign Envelope ID: DF961DA6- ACEF- 4EAC- AAAD- 55D699DF7A5C ORDINANCE NO. 1686- NS

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF THOUSAND OAKS AMENDING THE
PROVISIONS OF CHAPTER 25 OF TITLE 5 ( MOBILE

HOME RENT STABILIZATION) OF THE THOUSAND
OAKS MUNICIPAL CODE ( MCA 2021- 70174)
The City Council of the City of Thousand Oaks does hereby ordain as follows:

PART 1
Chapter 25 of Title 5 of the Thousand Oaks Municipal Code is to be amended and is to be read as follows:

Sec. 5- 25. 01. Findings and purpose.

There is a shortage of vacant and available mobile home spaces in the City of Thousand Oaks resulting in a critically low vacancy factor. Mobile home owners, tenants, and residents have a substantial investment in their residences and appurtenances for which space is rented or leased in a mobile home park.

Additionally, the cost of moving a mobile home may be substantial, and the risk of damage is significant. Thus, moving a mobile home is often not a feasible option if rent becomes expensive. Many mobile home owners, tenants, and residents are on fixed incomes and, if displaced as a result of their inability to pay increased rents, must relocate at a substantial loss or expense, and, in addition, as a result of such housing shortage they may be unable to find decent, safe and sanitary new housing at affordable rent levels. Aware of the difficulty in finding alternative decent housing, some mobile home owners, tenants, or residents attempt to pay requested and uncontrolled rent increases, but as a consequence, must expend less on other necessities of life. This situation has had a detrimental effect on substantial numbers of renters in the City, especially creating hardships on senior citizens on fixed incomes, and low- and moderate- income households.

The City causes data to be collected through the annual registration statements submitted by mobile home landlords, which confirms a mobile home space and housing shortage continues to exist in the City, the vacancy rate in mobile home parks remain critically low and the deregulation of rents could lead to exorbitant rent increases and aggravation of the crisis, problems and hardships which existed prior to the adoption of the program. This housing shortage necessitates the continuation of the mobile home rent stabilization program. Therefore, it is necessary and reasonable to continue to regulate rents to safeguard mobile home owners, residents, and tenants from excessive rent increases and at the same time provide landlords with a just and reasonable return on their rental spaces. cdd: 430- 40/ Ordinance- CC# 01/ pz ( MCA 2021- 70174)

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DocuSign Envelope ID: DF961DA6- ACEF- 4EAC- AAAD- 55D699DF7A5C Sec. 5- 25. 02. Definitions.

The following words and phrases, whenever used in this chapter shall be construed as defined in this section.

Average per space capital improvement cost" means an amount determined by dividing the cost of the capital improvement by the total number of mobile home unit rental spaces in the mobile home park with respect to which the cost was incurred.

Average per space rehabilitation cost" means an amount determined by dividing the cost of the rehabilitation, less any offsetting insurance proceeds, by the total number of mobile home unit rental spaces in the mobile home park with respect to which the cost was incurred.

Base year" means the figure employed when determining allowable automatic adjustment to rent pursuant to Section 5-25.06 of this article, as follows:
1) For all adjustments that occur from November 1, 2020 through October 31, 2025, the base year shall be 2015.
2) For all adjustments that occur from November 1, 2025 through October 31, 2030, the base year shall be 2020.
3) Thereafter, on November 1 at five ( 5)-year intervals, the base year shall increase by five ( 5) years from the previous base year. 4) For rental spaces vacated, as defined in Section 5-25.07, from January 1, 2005 and thereafter and eligible for decontrol/ recontrol pursuant to this chapter, the base year shall be the year in which the space is re -rented and shall remain so until the base year is reset to a later year, as determined by reference to subsections ( 1) and ( 2) above. The following are examples:
i) Example A: Coach A is sold on June 15, 2018 and subject to decontrol/ recontrol on that same date. The base year for Coach A is 2018 from June 15, 2018 until October 31, 2025. Starting November 1, 2025, the base year for Coach A shall be 2020 pursuant to subsection ( 2) above.
ii) Example B: Coach B is sold on September 1, 2021 and subject to decontrol/ recontrol on that same date. The base year for Coach B is 2021 from September 1, 2021 until October 31, 2030. Starting November 1, 2030, the base year for Coach B shall be 2025 pursuant to subsection ( 3) above.

Capital improvement" means the addition, replacement, or eligible major repair, of an improvement to a rental space( s) or the common areas or amenity of the mobile home park provided such new improvement has a useful life of three ( 3) years or more, and exceeds Three Thousand and no/ 100ths ($ 3, 000) Dollars, including but not limited to, computers, televisions, and electronics, roofing, carpeting, draperies, stuccoing the outside of a building, air conditioning, security gates, swimming pool, sauna or hot tub, fencing, garbage disposal, washing machine or clothes dryer, dishwasher, recreational equipment permanently installed on the premises, streets, driveways, curbs and gutters, sidewalks, water, cddA30- 40/ 0rdinance- CC# 01/ pz ( MCA 2021- 70174)

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DocuSign Envelope ID: DF961DA6- ACEF- 4EAC- AAAD- 55D699DF7A5C wastewater, and other utility systems, and other similar improvement, and may include the actual interest cost incurred by the landlord to finance the improvement, so long as the terms and interest rate of such financing are commercially reasonable and negotiated at arm' s length.

Commission" means the Planning Commission of the City of Thousand Oaks.

Decontrolled space" means any space formerly subject to the Rent Stabilization Ordinance, as amended, which was vacated on or after May 1, 1981 and remained vacant on or after June 26, 1981 by reason of the tenants' voluntary vacation of that space or the tenants' eviction for nonpayment of rent.

Housing services" means services connected with the use or occupancy of a mobile home rental space including, but not limited to, utilities except those utilities for which a tenant is billed directly by a utility company ( including gas, electric, water, and wastewater), ordinary repairs or replacement and maintenance, including painting. This term shall also include the provision of elevator service, laundry facilities and privileges, common recreational facilities, common area landscape maintenance except for the trimming, pruning or removal of trees, janitor service, resident manager, refuse removal, furnishings, and parking.

Index" means the figure employed when determining allowable rent increases under Section 5- 25. 06. The index shall be calculated as one hundred percent 100%) of the City' s then currently selected Consumer Price Index as determined by the U.S. Department of Labor Statistics for all urban consumers for the year ending March, rounded to the nearest tenth.

Landlord or Mobile home park owner" means an owner, lessor or sublessor including any person, firm, corporation, partnership, or other entity) of a mobile home park, who receives or is entitled to receive rent for the use of any mobile home rental space, or the agent, representative or successor of any of the foregoing.

Maximum adjusted rent" means the maximum rent plus any rent increase subsequently imposed pursuant to Sections 5-25.06, 5-25.07, and 5-25.09. Said amount shall not include any administrative adjustment for capital improvement and/ or rehabilitation granted pursuant to Section 5-25.08.

Maximum base rent" means the highest legal monthly rent which was in effect for the rental space or spaces on November 1 of the base year. Any increase subsequently effected pursuant to Section 5-25.06 shall be computed against the maximum base rent.

Maximum rent" means the maximum adjusted rent plus any administrative adjustment for capital improvements or rehabilitation granted pursuant to Section 5- 25. 08 of this chapter.
cdd: 430- 40/ Ordinance- CC# 01/ pz ( MCA 2021- 70174)

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DocuSign Envelope ID: DF961DA6- ACEF- 4EAC- AAAD- 55D699DF7A5C Mobile home" means a Mobile home as defined in the Mobile home Residency Law pursuant to Civil Code section 798. 3.

Mobile home park" means a parcel of land where two or more mobile home spaces are rented or leased out for mobile homes used as residences. " Mobile home park" does not include developments which sell lots for mobile homes or manufactured housing for individual ownership, or which provide condominium ownership of such lots, even if one or more homes in the development are rented or leased out.

Mobile home owner, tenant or resident" means any person entitled to occupy a mobile home which is located within a mobile home park.

Rehabilitation work" means any rehabilitation or repair work done on or in a rental space or common areas of the housing complex containing the rental space and which work was done in order to comply with any validly issued governmental order, or to repair damage resulting from fire, earthquake or other natural disaster.

Rent" means the consideration, including any bonus, benefits or gratuity, demanded or received by a landlord for, or in connection with the use or occupancy of a rental space, or the assignment of a lease for such a space including, but not limited to, any monies demanded or paid for parking, furnishings, housing services of any kind, subletting or security deposits.

Rental space," except as provided in Section 5-25.03, includes underlying land and mobile homes thereon, whether rent is paid for the mobile home and the land upon which the mobile home is located, or rent is paid for the land alone.

Tenant" means a tenant, subtenant, lessee, sublessee, or any other person lawfully occupying a mobile home rental space.

Vacancy" means either when a tenant voluntarily vacates a mobile home rental space or when a tenant is legally evicted. A vacancy shall not exist when the tenant sublets or assigns his interest in the rental space, including the subletting or sale of a mobile home coach which remains on the same space within a mobile home park. If a mobile home is removed from the space, the space is decontrolled until re -rented to a new tenant and thereafter is subject to all the provisions of this chapter.
cdd: 430- 40/ Ordinance- CC# 01/ pz ( MCA 2021- 70174)

ORD. NO. 1686- NS
Item No.10A

DocuSign Envelope ID: DF961DA6- ACEF- 4EAC- AAAD- 55D699DF7A5C Sec. 5- 25. 03. Applicability.
a) The following shall be exempt from the rent control provisions of this Chapter:
1) Spaces subject to a lease which exempts that space from rent regulation pursuant to the California Mobile home Residency Law codified in California Civil Code section 798, et. seq. 2) New mobile home park spaces, which are exempt pursuant to Civil Code section 798. 45.
3) Spaces which are not the principal residence of the mobile home owner and which are exempt pursuant to Civil Code section 798. 21. 4) Mobile homes not located in a Mobile Home Park.
5) Mobile homes located in nonprofit cooperative parks owned and controlled by a majority of the residents.
6) Mobile homes owned, operated, or managed by a governmental unit, agency, or authority and which are specifically exempt from municipal rent regulations by state or federal law or administrative regulations. Accommodations to which rental assistance is paid pursuant to 24 CFR 882 ( HUD Section 8 Federal Rent Subsidy Program) may be exempted wholly or partially from the terms of this Chapter on an individual basis by written application to the City Manager and after notice to the tenant and landlord involved. 7) Newly constructed spaces in a Mobile home park initially held out for rent after January 1, 1990.
8) Nonprofit mobile home park. Mobile home parks operated by an organization exempt from federal income taxes under Section 501( c)( 3) of the Internal Revenue Code provided that the gross income derived therefrom does not constitute unrelated business income as defined in Section 512 of the Internal Revenue Code. b) Landlords shall provide to City annually, at the same time as the annual rent registration, copies of those leases for spaces in their parks for which exemption from this ordinance is being claimed pursuant to Civil Code section 798 et. seq.

Sec. 5- 25. 04. Planning Commission.
a) The City Council hereby designates the Planning Commission as the entity to consider applications submitted in accordance with the provisions of this Chapter.
b) Powers and Responsibilities. The Planning Commission shall have the power and be responsible for carrying out the provisions of this Chapter and the provisions of any ordinance regulating rents in apartment complexes. It shall have the authority to issue decisions, pass resolutions and establish policies, rules, and regulations to effectuate the purposes of this Chapter. The Planning Commission may request studies and investigations, conduct such hearings, and obtain such information as it deems necessary to carry out these objectives. c) Planning Commission Action and Procedure. Each of the five seated Commissioners shall be entitled to one vote. Three members shall constitute a quorum for purposes of conducting a meeting.
cddA30- 40/ 0rdinance- CC# 01/ pz ( MCA 2021- 70174)

ORD. NO. 1686- NS
Item No.10A

DocuSign Envelope ID: DF961DA6- ACEF- 4EAC- AAAD- 55D699DF7A5C Sec. 5- 25. 05. Restrictions on Rents.
a) No landlord shall demand, accept or retain more than the maximum rent or the maximum adjusted rent for a mobile home rental space permitted pursuant to this chapter or to regulations or orders adopted pursuant to this chapter, nor shall any landlord effect a prohibited rent increase through the reduction of housing services.
b) All landlords shall maintain records setting forth the maximum adjusted rent, the maximum base rent and the current rent being charged for each rental space. This information shall be disclosed to the City upon the City' s request. Each landlord who demands or accepts a rent higher than the maximum adjusted rent or demands or accepts a fee or surcharge shall inform the mobile home owner, tenant, or resident or any prospective mobile home owner, tenant, or resident of the rental space, in writing, of the factual justification for the fee, surcharge or difference between said maximum adjusted rent and the rent which the landlord is currently charging or proposes to charge.

Sec. 5- 25. 06. Automatic Adjustments to Rent.

The maximum adjusted rent for any occupied rental space may be increased without permission of the City as follows:
a) For a rental space which at any time after August 1, 1980 has not had a rent increase for a period of twelve ( 12) consecutive months or more, the maximum adjusted rent may be increased in an amount, as set forth in subsection b) below, and as limited by subsection ( c) below:
b) Automatic annual adjustment. The automatic increase shall be determined by multiplying the maximum base rent by the index. c) Notice of increases. Notice of any increase in rent pursuant to this section shall be given in accordance with the Civil Code of the State of California. d) Notice of index. After review of pertinent information from the U. S.

Bureau of Labor Statistics, the Finance Director or designee shall determine the index for each year, and the Community Development Department shall notify each landlord by mail of their determination.

Sec. 5- 25. 07. Vacancy Decontrol/ Recontrol.

The following provisions apply to any rental space that is vacated or to the replacement of any coach on a rental space.
a) The Maximum adjusted rent may be increased by ten percent ( 10%) upon re -rental of an existing coach to a new tenant. This shall be known as a Type A Recontrol."
cddA30- 40/ 0rdinance- CC# 01/ pz ( MCA 2021- 70174)

ORD. NO. 1686- NS
Item No.10A

DocuSign Envelope ID: DF961DA6- ACEF- 4EAC- AAAD- 55D699DF7A5C b) The Maximum adjusted rent may be increased to any amount under the following circumstances and shall be known as " Type B Recontrol":
1) The space is re -rented to a new tenant who replaces the existing Mobile home or brings a new Mobile home to an empty space; or
2) An existing tenant who has been a resident for less than one year replaces the existing Mobile home.
c) No increase in rent shall be permitted for a change of coach by an existing tenant who has been a resident of the park at least one ( 1) year. d) Notwithstanding subsection ( a), ( b), and ( c) above, no increase shall be permitted if the new tenant of an existing Mobile home is an immediate family member of the existing tenant and is not otherwise exempt from this chapter under Section 5- 25. 03. For purposes of this section the term " immediate family member" shall include a parent, grandparent, child, sibling, stepparent, stepchild, or step - sibling only.
e) Thereafter, as long as the rental space continues to be rented by one 1) or more of the same persons, no other rent increase shall be imposed except as provided in this chapter.
f) Notice of increases. Notice of any increase in rent pursuant to this section shall be given by the landlord in accordance with the Civil Code of the State of California. If an increase has been noticed but not effected prior to the effective date of the ordinance codified in this chapter, said notice shall be construed as a valid notice to increase rents in an amount not to exceed the increase permitted by this section.

Sec. 5- 25. 08. Administrative Adjustments to Rent for Capital Improvements and Rehabilitation Work.
a) The Community Development Director shall have the authority to grant rent adjustments for capital improvement and rehabilitation work subject to the procedures set forth below for a rental space or spaces located in the same park upon receipt of an application for adjustment filed by the park owner of the rental space or spaces. In the City Council Resolution regarding a list of capital improvements, rehabilitation work, and useful life categories (+ ee- e4Erfie" wfflbe- r=to ** be prfl trded# ter- resfl4t ttori- adflp#io), adopted on June 22, 2021, the City Council has defined the eligible capital improvements and rehabilitation work and their useful life categories that are approved for reimbursement to mobile home park owners. Rent increases approved under this section shall be calculated on a per space per month basis and shall be amortized over the useful life of the improvement as set forth in such Resolution and apportioned equally among the total number of rentable spaces in the park. An increase granted under this section 5- 25. 08 shall remain in effect only during the amortization period of the improvement. All applications for rent adjustments to reimburse the owner for capital improvements or rehabilitation work shall be governed by the procedures and requirements of this section.
8/ 27/ 21 Administrative correction to include: Resolution No. 2021- 034 cdd: 430- 40/ Ordinance- CC# 01/ pz ( MCA 2021- 70174)

ORD. NO. 1686- NS
Item No.10A

DocuSign Envelope ID: DF961DA6- ACEF- 4EAC- AAAD- 55D699DF7A5C b) General requirements. A rent increase for purposes of reimbursing a park owner for a capital improvement or rehabilitation work shall be approved, if all of the following requirements are met, and the application for said rent increase otherwise complies with the provisions of this section 5-25.08:
1) The expenditure has been made within five ( 5) years of the date of filing the application.
2) Work for which reimbursement is requested has been performed by a licensed contractor, where required by law.
3) The mobile home park owner submits copies of the contract for the work, cancelled checks, paid invoices, and such other documentation as may be necessary in order to verify the costs incurred for the specific work for which reimbursement is sought.
4) Required annual meeting. Mobile home park owners shall meet with tenants at least once in each calendar year to review and discuss future capital expenditure needs and plans, as well as upcoming potential applications and for rent increases to reimburse for capital expenditures.
c) Individual tenant space improvements. No increase shall be allowed when the improvement was limited to the interior of a tenant' s rental space and said improvement was not necessary to safeguard the landlord' s property from deterioration or loss in value, unless the tenant has given express written consent to said increase.
d) Special requirements. If the rent increase application is for the purpose of reimbursing a park owner for a new improvement, or for replacement of an improvement before the end of its useful life, then the rent increase shall not be approved unless the park owner obtains approval of a majority of tenants voting on the matter in conformance with the following requirements, and also submits satisfactory evidence with the application that demonstrates compliance with said requirements:
1) All of the tenants whose rent would be increased have been provided notice of the nature of the improvement, its total cost, the rental increase ( both monthly amount and duration) that will be requested, their right to vote on the issue of whether the improvement should be eligible for a City -approved rent increase in order to reimburse the owner for its cost, and the time and manner in which an election on the matter will be held;
2) The notice was given at least ninety ( 90) days prior to submittal of the application to the City;
3) The election required by subsection ( 1) above has been held by secret written ballot with each space affected by the proposed increase entitled to cast one ( 1) and only one ( 1) ballot, and the ballot itself shall recite the specific information required in the notice;
4) A majority of ballots have been cast in favor of the improvement being eligible for reimbursement through a rent increase, as attested jointly by a representative of the park owner and a representative of the tenants, based on personal inspection and count of the ballots. If the tenant representative refuses to cdd: 430- 40/ Ordinance- CC# 01/ pz ( MCA 2021- 70174)

ORD. NO. 1686- NS
Item No.10A

DocuSign Envelope ID: DF961DA6- ACEF- 4EAC- AAAD- 55D699DF7A5C attest to the vote, then owner may attest and submit all ballots cast along with said attestation as proof of the vote; and
5) The mobile home park owner shall provide documentation of number of ballots cast and the names and space numbers of those persons casting ballots in the election.
e) Special requirements exception. The special requirements set forth in subsection 5- 25. 08( d)( 4) shall not apply to applications for a rent increase to reimburse a park owner for replacement or renovation work before the end of an improvement' s useful life, if it is demonstrated to the satisfaction of the Community Development Director, City Manager, or designee, as applicable, that the work was necessary due to conditions of force majeure ( floods, fire, earthquakes, or other Acts of God) or other good cause.
f) Application filing procedure. Applications for rent adjustments under this subsection shall be submitted to the Community Development Department Department) on forms provided for that purpose and shall be accompanied by a filing fee of Twenty and no/ 100ths ($ 20) Dollars plus Five and no/ 100ths ($ 5) Dollars per space affected by the proposed increase. The Department shall notify the applicant of its determination whether the application is complete within thirty 30) days of receipt. If the application is not complete, the Department shall identify information that is missing and required for a complete application. If the Department fails to so notify the applicant within thirty ( 30) days of receipt, then the application shall be deemed complete.
g) Notice to tenants by landlord. Upon the Community Development Department determining an application is complete, or if the application is deemed complete pursuant to subsection 5-25.08(f), the landlord shall provide a notice within seven ( 7) days to each tenant whose rent would be increased that an application has been filed, the nature of the work for which reimbursement is sought, and the amount and duration of rent increase requested. The park owner shall make available to tenants for inspection a copy of the complete application, including all supporting information and documentation, and upon a tenant' s request shall provide a copy at a reasonable direct cost of copying. h) Tenant opportunity to object. Tenants affected by the proposed rent increase may submit objections regarding the application to the Community Development Department, along with supporting information that evidences noncompliance with the provisions of this section and/ or City Council Resolution regarding a list of capital improvements, rehabilitation work, and useful life categories ( resolution number to be provided after resolution adoption). i) Consideration by Community Development Director. If the Community Development Director receives no objections, or no objections that are supported by evidence of non- compliance, from any tenant within thirty ( 30) days after the application is complete, and can make all of the findings required by Section 5-

25.08( m) of this chapter, the Community Development Director may approve the application, in whole or in part, without hearing. The Community Development Director shall notify the applicant of the decision in writing no later than sixty ( 60) days after the application is accepted as complete or deemed complete, and the decision shall state the amount and duration of the approved increase, effective cdd: 430- 40/ Ordinance- CC# 01/ pz ( MCA 2021- 70174)