Agenda packet — Thousand Oaks City Council, October 25, 2022 (part 2 of 4)

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Product Description Accepted Manufacturer's
Discount
Percentage off
Current Price
Book
58 Meter Box Reference 37 Cover
Armorcast #A6000484DQ or
Equal Net Price $73.96
59 Meter Box Reference 37 Lid
Armorcast #A6000487 or
Equal Net Price $17.62
60 Meter Box Reference 38
Armorcast
#A6001946PCX12 or Equal Net Price $195.07
61 Meter Box Reference 38 Cover
Armorcast #A6001866DQ or
Equal Net Price $129.50
62 Meter Box Reference 66
Armorcast
#A6001640PCX12 or Equal Net Price $254.67
63 Meter Box Reference 66 Cover
Armorcast #A6001643DZ or
Equal Net Price $160.88
64 Meter Box Reference 66 Lid
Armorcast #A6000482 or
Equal Net Price $44.92
65 4" SDR-35 Green Sewer Pipe
Vinyltech
Diamond Plastic
North American Pipe Corp. Net Price $2.42 66 6" SDR-35 Green Sewer Pipe
Vinyltech
Diamond Plastic
North American Pipe Corp. Net Price $5.70 67 8" SDR-35 Green Sewer Pipe
Vinyltech
Diamond Plastic
North American Pipe Corp. Net Price $10.35 68 10" SDR-35 Green Sewer Pipe
Vinyltech
Diamond Plastic
North American Pipe Corp. Net Price $16.08 69 4" C-900 Blue Class 200 Pipe
Vinyltech
Diamond Plastic
North American Pipe Corp. Net Price $7.80 70 6" C-900 Blue Class 200 Pipe
Vinyltech
Diamond Plastic
North American Pipe Corp. Net Price $15.75 71 8" C-900 Blue Class 200 Pipe
Vinyltech
Diamond Plastic
North American Pipe Corp. Net Price $27.10 72 10" C-900 Blue Class 200 Pipe
Vinyltech
Diamond Plastic
North American Pipe Corp. Net Price $41.32 Item No.7G

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Product Description Accepted Manufacturer's
Discount
Percentage off
Current Price
Book
73 Service Saddle 4" AC x 1" IP Ford #202B Series 47.00% 74 Service Saddle 4" AC x 2" IP Ford #202B Series 47.00% 75 Service Saddle 4" PVC x 1" IP Ford #S91 Series 47.00% 76 Service Saddle 4" PVC x 2" IP Ford #S91 Series 47.00% 77 Service Saddle 6" AC x 1" IP Ford #202B Series 47.00% 78 Service Saddle 6" AC x 2" IP Ford #202B Series 47.00% 79 Service Saddle 6" PVC x 1" IP Ford #S91 Series 47.00% 80 Service Saddle 6" PVC x 2" IP Ford #S91 Series 47.00% 81 Service Saddle 8" AC x 1" IP Ford #202B Series 47.00% 82 Service Saddle 8" AC x 2" IP Ford #202B Series 47.00% 83 Service Saddle 8" PVC x 1" IP Ford #S91 Series 47.00% 84 Service Saddle 8" PVC x 2" IP Ford #S91 Series 47.00% 85 Transition Coupling 10" with Stainless Steel
Hardware Romac XR501 Series 47.00%
86 Transition Coupling 12" with Stainless Steel
Hardware Ford #FC2W-12-SH 47.00%
87 Transition Coupling 4" with Stainless Steel
Hardware Ford #FC2W-4-SH 47.00%
88 Transition Coupling 6" with Stainless Steel
Hardware Ford #FC2W-6-SH 47.00%
89 Transition Coupling 8" with Stainless Steel
Hardware Ford #FC2W-8-SH 47.00%
Item No.7G

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Product Description Accepted Manufacturer's
Discount
Percentage off
Current Price
Book
90 Valve - Butterfly 10" Flange X Flange
Pratt Groundhog
M&H Series 4500
Net Price
$1,309.00
91 Valve - Butterfly 12" Flange X Flange
Pratt Groundhog
M&H Series 4500
Net Price
$1,784.00
92 Valve - Butterfly 14" Flange X Flange
Pratt Groundhog
M&H Series 4500
Net Price
$2,540.00
93 Valve Stack Cover Marked "Water" 8 in -
Long Body
Alhambra Foundry #A-29608
South Bay Foundry #B52 Net Price $38.50
94 100P Powertrol Rubber Kit 10" Cla-Val Company #V5579H Net Price $661.45 95 100P Powertrol Rubber Kit 8" Cla-Val Company #99116G Net Price $689.58 96 Hytrol Rubber Kit 1200VA 8"
Cla-Val Company
#9817901D Net Price $493.75
97 100P Powertrol Rubber Kit 6"
Cla-Val Company
#9169913C Net Price $552.90
98 Alt Control Repair Kit CDS6A
Cla-Val Company
#20349401C Net Price $422.90
99 Stem for 6"-8" Cla-Val Company #C2457E Net Price $62.50 100
6" Cla-Val Epoxy coated, Stainless Steel
Parts, Plugs Installed
Cla-Val Company
#81-02-79C
Net Price
$7,368.75
101 2-inch Chlorine Tabs 5-lbs Bucket Net Price $21.50
102 Electrical Box Polymer 13x24x12 Net Price $178.00
103 Electrical Box Cover
Polymer with “Traffic
Control” 13x24 Net Price $115.00
104 Electrical Box Cover
Polymer with “Electrical”
13x24 Net Price $115.00
EMERGENCY RESPONSE (After Hour) $250.00 flat fee.

Discounts are guaranteed for the life term of this contract. Any Net Price Changes shall be provided to City, in writing, at least 30-days prior to the increase.

Item No.7G

ATTACHMENT #2
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AGREEMENT FOR VENDOR SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AND
FERGUSON, LLC.

THIS AGREEMENT, made and entered into this 25 TH day of October, 2022, by and between the CITY OF THOUSAND OAKS, a municipal corporation (herein referred to as "City"), and FERGUSON, LLC. (herein referred to as "Vendor").

The City and Vendor agree as follows:

1. RETENTION AS VENDOR
City hereby retains Vendor, and Vendor hereby accepts such engagement, to provide the products as described in Section 2.

2. DESCRIPTION OF SUPPLIES
Vendor shall supply materials, parts, and fittings to the City, in a timely manner, as more particularly set forth in the Scope of Work, attached as Exhibit “A,” and at discounted cost, attached as Exhibit “B” both attached hereto and incorporated herein.

3. COMPENSATION AND PAYMENT
(a) Maximum and Rate. The total compensation payable to the Vendor by City, for any products delivered under this Agreement WILL NOT EXCEED the sum of $250,000 annually, (herein "not to exceed amount"). Pricing discount shown on Vendor’s schedule, attached as Exhibit B, shall remain in effect until June 30, 2027.
(b) Payment. Vendor will provide City with written verification of the actual supplies ordered and received, which written verification will be in a form satisfactory to the City. All payments will be made within 30 days after the receipt of a properly prepared and submitted invoice.
(c) Invoices. Invoices will only be issued after City’s acceptance of the goods and/or products. Invoices must state that they cover, as the case may be, complete or partial delivery, and must show unit quantities and unit prices. Invoice will not be paid unless and until the requirements have been fully met.

4. PRODUCT PRICING
Vendor will be solely responsible for the maintenance of the Agreement, and will document all additions, deletions, manufacturer’s discontinuance of products/equipment, and all associated variables, including pricing revisions. Any changes, substitutions, additions, deletions and/or pricing revisions must be Item No.7G

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reviewed and approved by the City and Vendor in writing prior to any inclusion in the Agreement. Pricing discount will remain fixed throughout the term of the Agreement.

5. ORDERING REQUIREMENTS
Vendor will provide the ability for City to order via Fax, telephone, direct mail, email, online/website, and/or walk-in orders.

6. PRICES, DISCOUNTS AND CHANGES
Vendor agrees, for the period of this Agreement, that prices for products covered herein will be based on the discount percentage proposed in Exhibit B, except where lower prices may be offered by Vendor.

7. FAVORED NATION CLAUSE
All of the benefits and terms granted by Vendor herein are at least as favorable as the benefits and terms granted by Vendor to any previous buyer of the items described, listed or similar to those in this Agreement. Should Vendor enter into any subsequent agreement with any other buyer, during the term of this Agreement, which provides for benefits or terms more favorable than those contained in this Agreement, then this Agreement will be deemed to be modified to provide City with those more favorable benefits and terms. Vendor will notify City promptly of the existence of such more favorable benefits and terms and City will have the right to receive the more favorable benefits and terms immediately.

8. TERM, PROGRESS AND COMPLETION
The term of this Agreement is from the date first written above to June 30, 2027, unless Agreement is terminated as provided for herein.

9. NO ASSIGNMENT
This Agreement is not assignable by Vendor without City’s prior consent in writing.

10. HOLD HARMLESS AND INDEMNITY
(a) Hold Harmless for Vendor's Damages. Vendor holds City, its elected officials, officers, agents, employees and volunteers, harmless from all of Vendor's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to Vendor, to Vendor's employees, to Vendor’s Vendors or subVendors, or to the owners of Vendor'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.

Item No.7G

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(b) Defense and Indemnity of Third Party Claims/Liability. Vendor 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 Vendor’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Vendor, or should City otherwise find Vendor’s legal counsel unacceptable, then Vendor shall reimburse City its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. Vendor 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 Vendor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination or expiration of this Agreement.

Vendor’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, Vendor 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 Vendorwill 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.

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

Item No.7G

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Coverage shall be at least as broad as:
(a)Automobile Liability: Vendor shall, at Vendor’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 Vendor 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.
(b)Worker’s Compensation: Vendor shall, at Vendor’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.

Vendor 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 Vendor, its employees, agents and subcontractors.

If Vendor maintains higher limits than the minimum shown above, City requires and shall be entitled to coverage for the higher limits maintained by Vendor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

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

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

Item No.7G

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

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

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

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. City may require Vendor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

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

Verification of Coverage
Vendor 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 Vendor'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.

Item No.7G

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12. 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.

13. EMPLOYMENT ELIGIBILITY VERIFICATION
Vendor warrants that it fully complies with all Federal statutes and regulations regarding the employment of aliens and others and that all its employees meet the citizenship or alien status requirements set forth in Federal statutes and regulations. Vendor will indemnify, defend, and hold harmless the City, is officers, employees and volunteers from and against any liability which may be assessed against Vendor or City in connection with any alleged violation of any Federal statues or regulations pertaining to the eligibility for employment of any persons.

14. VARIATION OF TERMS
The parties hereto agree that the terms and conditions contained herein will prevail notwithstanding any variations on any acknowledgments, invoices or such other documents submitted by Vendor. The terms of this Agreement may be modified only upon written mutual consent of City and Vendor, with the exception of modification pursuant to Section 7 of this Agreement.

15. CANCELLATION OF ORDERS
City may cancel any order with respect to any supplies or equipment ordered without incurring any cancellation charges or restocking fees.

16. NON-EXCLUSIVITY
This Agreement is non-exclusive and will not in any way preclude City from entering into similar agreements and/or arrangements with other vendors or from acquiring similar, equal or like goods and/or services from other entities or sources.

City makes no representation that it or any governmental entity will purchase any minimum quantities or dollar amounts.

17. COMPLIANCE WITH APPLICABLE LAW
Vendor will comply with all applicable Federal, State and local laws, rules, regulations, and ordinances, and all provisions required thereby to be included in this Agreement are hereby incorporated herein by reference.

Item No.7G

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

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

19. TAXPAYER IDENTIFICATION NUMBER
Vendor will provide City with a complete Request for Taxpayer Identification Number and Certification, Form W-9, as most recently issued by the Internal Revenue Service.

20. NON-APPROPRIATION OF FUNDS
Payments due and payable to Vendor 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 Vendor services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year.

21. 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 and Vendor.

22. CONFLICT OF INTEREST
Vendor is unaware of any City employee or official that has a financial interest in Vendor's business. During the term of this Agreement and/or as a result of being awarded this Agreement, Vendor shall not offer, encourage or accept any financial interest in Vendor's business by any City employee or official. If a portion of Vendor's services called for under this Agreement shall ultimately be paid for by reimbursement from and through an agreement with a developer of any land within City or with a City franchisee, Vendor warrants that it has not performed any work for such developer/franchisee within the last 12 months, and shall not negotiate, offer or accept any contract or request to perform services for that identified developer/franchisee during the term of this Agreement.

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

Item No.7G

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24. TERMINATION BY CITY
City may, upon 10 calendar days written notice, terminate without cause any portion or all of the services agreed to be performed under this Agreement. If termination is for cause, no advance notice need be given. In the event of termination, Vendor will 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 will be payable by City to Vendor within 30 days following submission of a final statement by Vendor unless termination is for cause. In such event, Vendor will be compensated only to the extent required by law.

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

26. AUTHORIZATION
Each party has expressly authorized the execution of this Agreement on its behalf and binds said party and its respective administrators, officers, directors, shareholders, divisions, subsidiaries, agents, employees, successors, assignees, principals, partners, joint venturers, insurance carriers and any others who may claim through it to this Agreement.

27. GOVERNING LAW; CAPTIONS; ENTIRE AGREEMENT BETWEEN

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

The provisions of this Agreement shall be construed as a whole according to its common meaning of purpose of providing a public benefit and not strictly for or against any party. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutral genders or vice versa. The captions or headings in this Agreement are for convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the Agreement. This Agreement supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering or services, and contains all of the covenants and agreements between the parties with respect to said services. Any modifications of this Agreement will be effective only if it is in writing and signed by the party to be charged.

Item No.7G

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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 will be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:

TO CITY: City of Thousand Oaks
Attn: Chris Meske, Senior Purchasing Specialist
1993 Rancho Conejo Boulevard
Thousand Oaks, CA 91320
TO VENDOR: Ferguson, LLC.

Attn: Mike Bellino, General Manager
3681 Market Street
Ventura CA 93003

30. SIGNATURES
(a)Counterparts. This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument.
(b)Scanned Signatures. In the event that any signature is delivered by facsimile transmission or submitted electronically as a scanned image (i.e. files with .pdf, .tiff or .jpeg extensions), such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or scanned signature page were an original thereof.
(c)Digital/Electronic Signatures. This Agreement may be executed through the use of digital or electronic signatures provided they meet the requirements of the Electronic Signatures in Global and National Commerce (ESIGN) Act and the California Uniform Electronic Transactions Act (UETA) and Item No.7G

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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.

FERGUSON, LLC.

Mike Bellino, General Manager

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

Office of the City Attorney
________________________________
Tracy Friedl, Assistant City Attorney
Item No.7G

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EXHIBIT A

SCOPE OF WORK
Vendor shall supply materials, parts, and fittings for the water and wastewater distribution system, including, but not limited to, parts listed on Exhibit B, at a competitive cost and in a timely manner. Occasionally situations arise that require immediate procurement of materials and Vendor shall supply emergency contact information, as outlined below.

A. Materials must meet NSF/ANSI Standard 61 requirements.

B. Materials must be approved in accordance with the City of Thousand Oaks Water Design and Construction Standards, as adopted on June 23, 2009.

C. Vendor must maintain a local warehouse (within 30 minute delivery time) with substantial inventory to meet the needs of the City.

D. Vendor shall be capable of providing materials needed for emergency purposes within 30 minutes delivered to the Municipal Service Center at 1993 Rancho Conejo Blvd. Thousand Oaks CA 91320.
a. Any emergencies that arise during normal business hours, Monday through Friday 7:00 am until 5:00 pm; shall be delivered at no extra charge.

E. Vendor shall provide contact information for “After Hour” emergency situations (answering service acceptable) and provide materials within one hour on a Will-Call basis.
a. “After Hour” emergencies shall be defined as Monday through Friday 5:00 pm until 7:00 am and twenty-four hours on Saturday, Sunday and all Federal Holidays.

F. Pricing for the listed materials on Exhibit B is based on a percent (%) discounted from the Manufacturer’s “Price Book”.
a. This discount shall be guaranteed through the duration of the contract.
b. This discount shall apply to all materials, their respective commodities and sub-commodities that are ordered and are not limited to those listed on Exhibit B.
c. Exhibit B lists materials that are commonly used and represent a majority of the different commodities and sub-commodities that may be ordered.
d. In the event that materials ordered do not fit into any commodity or sub-commodity listed on Exhibit B, negotiations between City Project Manager and Vendor will be conducted and agreed upon in writing, before the delivery of the new material.

If an item purchased is on sale or under another promotional term, City will expect to receive the lower of the two prices at the time of purchase. Otherwise, the percentage off will remain constant during the duration of the contract.

Item No.7G

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EXHIBIT B
Product Description Accepted Manufacturer's
Discount
Percentage off
Current Price
Book
1 Air/Vacuum Valve Enclosure 20"
Diameter, 36" Height Armorcast #P6002002-SND
Net Price
$802.76
2 Air/Vacuum Valve Suction Screen 1" Northtown Hytech #962-1002 Net Price
$18.02
3 Air/Vacuum Valve Suction Screen 2" Northtown Hytech #962-2002 Net Price
$20.38
4 Air Release and Combination
Vacuum Valve 1"
APCO #143C
Crispin #UL10
ARI #D-040 10.00%
5 Air Release and Combination
Vacuum Valve 1"
APCO #145C
Crispin #UL20
ARI #D-040 10.00%
6 Angle Meter Stop 1" Meter x 1" CTS
Compression Ford #KV 43-444W NL 20.00%
7 Angle Meter Stop 2" Flange x 2"
CTS Compression Ford #KV 43-777W NL 20.00%
8 Angle Meter Stop 3/4" Meter x 1"
CTS Compression Ford #KV 43-342W NL 20.00%
9 Anode, Zinc Christy's #GA-S-5 (5 lb.) N/A
10 Ball Valve - Brass 1" FIP x 1" FIP Ford #B11-444W NL 20.00% 11 Ball Valve - Brass 1-1/2" FIP x 1-1/2"
FIP Ford # B11-666W NL 20.00% 12 Ball Hand Valve - Brass 2" FIP x 2"
FIP Ford #B11-777W NL 20.00%
13 Ball Hand Valve - Brass 3/4" FIP x
3/4" FIP Ford #B11-333W NL 20.00% Item No.7G

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Product Description Accepted Manufacturer's
Discount
Percentage off
Current Price
Book
14 Clamp, Stainless Steel Full Circle
Repair 12" (12.70-13.50) x 20" Wide
Romac SS2 Series
Ford FS2 Series 43.00%
15 Clamp, Stainless Steel Full Circle
Repair 3"-4" (3.95-4.20) x 12" Wide
Romac SS2 Series
Ford FS2 Series 43.00%
16 Clamp, Stainless Steel Full Circle
Repair 4" (4.77-5.57) x 20" Wide
Romac SS2 Series
Ford FS2 Series 43.00%
17 Clamp, Stainless Steel Full Circle
Repair 6" (6.84-7.65) x 12" Wide
Romac SS2 Series
Ford FS2 Series 43.00%
18 Clamp, Stainless Steel Full Circle
Repair 6" (6.84-7.65) x 20" Wide
Romac SS2 Series
Ford FS2 Series 43.00%
19 Clamp, Stainless Steel Full Circle
Repair 8" (8.99-9.79) x 12" Wide
Romac SS2 Series
Ford FS2 Series 43.00%
20 Clamp, Stainless Steel Full Circle
Repair 8" (8.99-9.79) x 20" Wide
Romac SS2 Series
Ford FS2 Series 43.00%
21 Clamp, Stainless Steel Tapping
Sleeve 6" (7.10-7.50) x 16" Wide x
4" Flange
Romac SS2 Series
Ford FS2 Series 43.00%
22 Clamp, Stainless Steel Tapping
Sleeve 8" (9.30-9.70) x 16" Wide x
6" Flange
Romac SS2 Series
Ford FS2 Series 43.00%
23 Corporation Stop 1" MIP X CTS
Pack Joint
James Jones #EJ-3403
Ford #F-1100-4 NL 31.20%
24 Corporation Stop 3/4" MIP x 1" CTS
Pack Joint
James Jones #EJ-3403
Ford #F-1100-34 NL 20.00%
25 Customer Hand Valve 1" Meter X 1"
FIP
Ford # B13-444W-HB34S NL
James Jones #J1908 Series 31.20%
Item No.7G

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Product Description Accepted Manufacturer's
Discount
Percentage off
Current Price
Book
26 Customer Hand Valve 3/4" Meter X
1" FIP
Ford #B13-342W-HB34S NL
James Jones #J1908 Series 31.20%
27 Customer Hand Valve 3/4" Meter X
3/4" FIP
Ford #B13-332W-HB34S NL
James Jones #J1908 Series 31.20%
28 Fire Hydrant 6" 2-Way 2-1/2" and 4"
(Brass) Clow 2050
Net Price
$3,848.91
29 Fire Hydrant 6" 3-Way 2-1/2" and
2/12" and 4" (Brass) Clow 2060
Net Price
$5,145.91
30 Fire Hydrant Cap 2-1/2" - Plastic Rich #A1630179 N/A 31 Fire Hydrant Cap 2-1/2" - Cast Iron AVK #24-075-3500-00300 Net Price
$28.21
32 Fire Hydrant Cap 4" - Plastic Rich #A1630181 N/A
33 Fire Hydrant Cap 4" - Cast Iron AVK #24-100-3500-00300 Net Price
$137.00
34 Flange Coupling Adapter 10" Romac FCA501 Series 43.00% 35 Flange Coupling Adapter 12" Romac FCA501 Series 43.00% 36 Flange Coupling Adapter 6" Romac FCA501 Series 43.00% 37 Flange Coupling Adapter 8" Romac FCA501 Series 43.00% 38 Gate Valve Resilient Wedge 10"
Flange x Flange
AVK Series 45
Clow Series 2640
Mueller A2362 36.50%
39 Gate Valve Resilient Wedge 10"
Flange x MJ
AVK Series 45
Clow Series 2640
Mueller A2362 36.50%
40 Gate Valve Resilient Wedge 2" FIP x
2" FIP
AVK Series 45
Clow Series 2640
Mueller A2362 36.50%
41 Gate Valve Resilient Wedge 3"
Flange x MJ
AVK Series 45
Clow Series 2640
Mueller A2362 36.50%
Item No.7G

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8 4
Product Description Accepted Manufacturer's
Discount
Percentage off
Current Price
Book
42 Gate Valve Resilient Wedge 4"
Flange x Flange
AVK Series 45
Clow Series 2640
Mueller A2362 36.50%
43 Gate Valve Resilient Wedge 4"
Flange x MJ
AVK Series 45
Clow Series 2640
Mueller A2362 36.50%
44 Gate Valve Resilient Wedge 6"
Flange x Flange
AVK Series 45
Clow Series 2640
Mueller A2362 36.50%
45 Gate Valve Resilient Wedge 6"
Flange x MJ
AVK Series 45
Clow Series 2640
Mueller A2362 36.50%
46 Gate Valve Resilient Wedge 8"
Flange x Flange
AVK Series 45
Clow Series 2640
Mueller A2362 36.50%
47 Gate Valve Resilient Wedge 8"
Flange x MJ
AVK Series 45
Clow Series 2640
Mueller A2362 36.50%
48 Meter Adapter 1" x 3/4" Ford #A-34NL 20.00% 49 Meter Adapter 1-1/2" Flange x 1-1/2"
Flange
Ford #CF31-66NL
James Jones #J129 Series 31.20%
50 Meter Adapter 1-1/2" Flange x 2"
Flange Ford # A-67NL 20.00%
51 Meter Adapter 1-1/2" Flange x 1"
MTR Swivel Ford #A-46NL 20.00% 52 Meter Adapter 2" Flange x 2" FIP
Ford #CF31-77NL
James Jones #J129 Series 31.20%
53 Meter Adapter 2" Flange x 1" MTR
Swivel Ford #A-47NL 20.00%
54 Meter Adapter 3/4" x 1" Ford #A-24NL 20.00% 55 Meter Adapter 3/4" x 1" Ford #A-23NL 20.00% 56 Meter Box Reference 3.5 Cover
Armorcast #A6001922DQ or
Equal
Net Price
$91.40
57 Meter Box Reference 37 Armorcast #A6000485 or Equal
Net Price
$147.02
Item No.7G

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8 4
Product Description Accepted Manufacturer's
Discount
Percentage off
Current Price
Book
58 Meter Box Reference 37 Cover
Armorcast #A6000484DQ or
Equal
Net Price
$97.07
59 Meter Box Reference 37 Lid Armorcast #A6000487 or Equal Net Price
$23.11
60 Meter Box Reference 38
Armorcast #A6001946PCX12 or
Equal
Net Price
$263.92
61 Meter Box Reference 38 Cover
Armorcast #A6001866DQ or
Equal
Net Price
$169.94
62 Meter Box Reference 66
Armorcast #A6001640PCX12 or
Equal
Net Price
$334.21
63 Meter Box Reference 66 Cover
Armorcast #A6001643DZ or
Equal
Net Price
$211.14
64 Meter Box Reference 66 Lid Armorcast #A6000482 or Equal Net Price
$58.96
65 4" SDR-35 Green Sewer Pipe
Vinyltech
Diamond Plastic
North American Pipe Corp.

Net Price $2.80
per foot
66 6" SDR-35 Green Sewer Pipe
Vinyltech
Diamond Plastic
North American Pipe Corp.

Net Price $6.52
per foot
67 8" SDR-35 Green Sewer Pipe
Vinyltech
Diamond Plastic
North American Pipe Corp.

Net Price
$11.87 per foot
68 10" SDR-35 Green Sewer Pipe
Vinyltech
Diamond Plastic
North American Pipe Corp.

Net Price
$18.43 per foot
69 4" C-900 Blue Class 200 Pipe DR14
Vinyltech
Diamond Plastic
North American Pipe Corp.

Net Price $8.80
per foot
70 6" C-900 Blue Class 200 Pipe DR14
Vinyltech
Diamond Plastic
North American Pipe Corp.

Net Price
$18.01 per foot
71 8" C-900 Blue Class 200 Pipe DR14
Vinyltech
Diamond Plastic
North American Pipe Corp.

Net Price
$31.04 per foot
72 10" C-900 Blue Class 200 Pipe
DR14
Vinyltech
Diamond Plastic
North American Pipe Corp.

Net Price
$47.33 per foot
Item No.7G

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8 4
Product Description Accepted Manufacturer's
Discount
Percentage off
Current Price
Book
73 Service Saddle 4" AC x 1" IP
Ford #202B Series
James Jones #J-979 31.20%
74 Service Saddle 4" AC x 2" IP
Ford #202B Series
James Jones #J-979 31.20%
75 Service Saddle 4" PVC x 1" IP
Ford #202BS
James Jones #J-964 31.20%
76 Service Saddle 4" PVC x 2" IP
Ford #202BS
James Jones #J-964 31.20%
77 Service Saddle 6" AC x 1" IP
Ford #202B Series
James Jones #J-979 31.20%
78 Service Saddle 6" AC x 2" IP
Ford #202B Series
James Jones #J-979 31.20%
79 Service Saddle 6" PVC x 1" IP
Ford #202BS
James Jones #J-964 31.20%
80 Service Saddle 6" PVC x 2" IP
Ford #202BS
James Jones #J-964 31.20%
81 Service Saddle 8" AC x 1" IP
Ford #202B Series
James Jones #J-979 31.20%
82 Service Saddle 8" AC x 2" IP
Ford #202B Series
James Jones #J-979 31.20%
83 Service Saddle 8" PVC x 1" IP
Ford #202BS
James Jones #J-964 31.20%
84 Service Saddle 8" PVC x 2" IP
Ford #202BS
James Jones #J-964 31.20%
85 Transition Coupling 10" (Epoxy) with
Stainless Steel Hardware
Romac XR501 Series
Ford #FC2W-10-SH 43.00%
86 Transition Coupling 12" (Epoxy) with
Stainless Steel Hardware
Romac XR501 Series
Ford #FC2W-12-SH 43.00%
87 Transition Coupling 4" (Epoxy) with
Stainless Steel Hardware
Romac XR501 Series
Ford #FC2W-4-SH 43.00%
88 Transition Coupling 6" (Epoxy) with
Stainless Steel Hardware
Romac XR501 Series
Ford #FC2W-6-SH 43.00%
89 Transition Coupling 8" (Epoxy) with
Stainless Steel Hardware
Romac XR501 Series
Ford #FC2W-8-SH 43.00%
Item No.7G

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Product Description Accepted Manufacturer's
Discount
Percentage off
Current Price
Book
90 Valve - Butterfly 10" Flange X
Flange
Pratt Groundhog
M&H Series 4500 38.00%
91 Valve - Butterfly 12" Flange X
Flange
Pratt Groundhog
M&H Series 4500 38.00%
92 Valve - Butterfly 14" Flange X
Flange
Pratt Groundhog
M&H Series 4500 38.00%
93 Valve Stack Cover Marked "Water" 8
in - Long Body
Alhambra Foundry #A-29608
South Bay Foundry #B52 10.00%
94 100P Powertrol Rubber Kit 10" Cla-Val Company #V5579H 30.00% 95 100P Powertrol Rubber Kit 8" Cla-Val Company #99116G 30.00% 96 Hytrol Rubber Kit 1200VA 8" Cla-Val Company #9817901D 30.00% 97 100P Powertrol Rubber Kit 6" Cla-Val Company #9169913C 30.00% 98 Alt Control Repair Kit CDS6A Cla-Val Company #20349401C 30.00% 99 Stem for 6"-8" Cla-Val Company #C2457E 30.00%
100
6" Cla-Val Epoxy coated, Stainless
Steel Parts, Plugs Installed
Cla-Val Company
#81-02-79C 30.00%
101 2-inch Chlorine Tabs 5-lbs bucket N/A
102 Electrical Box Polymer 13x24x12 N/A
103 Electrical Box Cover
Polymer with “Traffic Control”
13x24 N/A
104 Electrical Box Cover
Polymer with “Electrical”
13x24 N/A
EMERGENCY RESPONSE (After Hour) $250.00 flat fee.

Discounts are guaranteed for the life term of this contract. Any Net Price Changes shall be provided to City, in writing, at least 30-days prior to the increase.

Item No.7G

ATTACHMENT #3
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AGREEMENT FOR VENDOR SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AND
ASTRA INDUSTRIAL SERVICES, INC.

THIS AGREEMENT, made and entered into this 25th day of October, 2022, by and between the CITY OF THOUSAND OAKS, a municipal corporation (herein referred to as "City"), and ASTRA INDUSTRIAL SERVICES, INC. (herein referred to as "Vendor").

The City and Vendor agree as follows:

1. RETENTION AS VENDOR
City hereby retains Vendor, and Vendor hereby accepts such engagement, to provide the products as described in Section 2.

4. PRODUCT PRICING
Vendor will be solely responsible for the maintenance of the Agreement, and will document all additions, deletions, manufacturer’s discontinuance of Item No.7G

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products/equipment, and all associated variables, including pricing revisions. Any changes, substitutions, additions, deletions and/or pricing revisions must be reviewed and approved by the City and Vendor in writing prior to any inclusion in the Agreement. Pricing discount will remain fixed throughout the term of the Agreement.

5. ORDERING REQUIREMENTS
Vendor will provide the ability for City to order via Fax, telephone, direct mail, email, online/website, and/or walk-in orders.

8. TERM, PROGRESS AND COMPLETION
The term of this Agreement is from the date first written above to June 30, 2027, unless Agreement is terminated as provided for herein.

9. NO ASSIGNMENT
This Agreement is not assignable by Vendor without City’s prior consent in writing.

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to the owners of Vendor'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. Vendor 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 Vendor’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Vendor, or should City otherwise find Vendor’s legal counsel unacceptable, then Vendor shall reimburse City its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. Vendor 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 Vendor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination or expiration of this Agreement.

11. MINIMUM SCOPE AND LIMIT OF INSURANCE
Without limiting Vendor’s indemnification of City, and prior to commencement of Work, Vendor shall obtain, provide, and maintain at its own Item No.7G

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expense during the term of this Agreement, and any extension thereof, policies of insurance of the type and amounts described below in a form that is satisfactory to City.

Coverage shall be at least as broad as:
(a)Worker’s Compensation: Vendor shall, at Vendor’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.

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 Vendor ninety (90) days Item No.7G

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advance written notice of such change. If such change results in substantial additional cost to Vendor, City and Vendor may renegotiate Vendor's compensation.

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

Item No.7G

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12. 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.

15. CANCELLATION OF ORDERS
City may cancel any order with respect to any supplies or equipment ordered without incurring any cancellation charges or restocking fees.

City makes no representation that it or any governmental entity will purchase any minimum quantities or dollar amounts.

Item No.7G

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

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

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. TERMINATION BY CITY
City may, upon 10 calendar days written notice, terminate without cause any portion or all of the services agreed to be performed under this Agreement. If Item No.7G

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termination is for cause, no advance notice need be given. In the event of termination, Vendor will 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 will be payable by City to Vendor within 30 days following submission of a final statement by Vendor unless termination is for cause. In such event, Vendor will be compensated only to the extent required by law.

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.

27. GOVERNING LAW; CAPTIONS; ENTIRE AGREEMENT BETWEEN

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

Item No.7G

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

TO CITY: City of Thousand Oaks
Attn: Chris Meske, Senior Purchasing Specialist
1993 Rancho Conejo Boulevard
Thousand Oaks, CA 91320
TO VENDOR: Astra Industrial Services, Inc.

Attn: Kathe Frahm
3525 Old Conejo Road #104
Newbury Park CA 91320

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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.

CITY OF THOUSAND OAKS ASTRA INDUSTRIAL SERVICES, INC.

Bob Engler, Mayor Lawrence Frahm, President
Kathe Frahm, Chief Financial Officer
ATTEST:
________________________________
Cynthia M. Rodriguez, City Clerk
APPROVED AS TO ADMINISTRATION:
________________________________
Andrew P. Powers, City Manager
APPROVED BY DEPARTMENT HEAD:
________________________________
Clifford G. Finley, Public Works Director
APPROVED AS TO FORM:

Office of the City Attorney
________________________________
Tracy Friedl, Assistant City Attorney
Item No.7G

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EXHIBIT A

A. Materials must meet NSF/ANSI Standard 61 requirements.

B. Materials must be approved in accordance with the City of Thousand Oaks Water Design and Construction Standards, as adopted on June 23, 2009.

C. Vendor must maintain a local warehouse (within 30 minute delivery time) with substantial inventory to meet the needs of the City.

Item No.7G

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EXHIBIT B

SCHEDULE OF FEES
Product Description Accepted Manufacturer's
Discount
Percentage off
Current Price
Book
1 100P Powertrol Rubber Kit 10" Cla-Val Company #V5579H 24.00% 2 100P Powertrol Rubber Kit 8" Cla-Val Company #99116G 24.00% 3 Hytrol Rubber Kit 1200VA 8"
Cla-Val Company
#9817901D 24.00%
4 100P Powertrol Rubber Kit 6"
Cla-Val Company
#9169913C 24.00%
5 Alt Control Repair Kit CDS6A
Cla-Val Company
#20349401C 24.00%
6 Stem for 6"-8" Cla-Val Company #C2457E 24.00%
7 6" Cla-Val Epoxy coated, Stainless Steel
Parts, Plugs Installed
Cla-Val Company
#81-02-79C 24.00%
EMERGENCY RESPONSE (After Hour) $250.00 flat fee.

Discounts are guaranteed for the life term of this contract. Any Net Price Changes shall be provided to City, in writing, at least 30-days prior to the increase.

Item No.7G

ATTACHMENT #4
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AGREEMENT FOR VENDOR SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AND

POLLARD WATER
THIS AGREEMENT, made and entered into this 25th day of October, 2022, by and between the CITY OF THOUSAND OAKS, a municipal corporation (herein referred to as "City"), and POLLARD WATER (herein referred to as "Vendor").

The City and Vendor agree as follows:

1. RETENTION AS VENDOR
City hereby retains Vendor, and Vendor hereby accepts such engagement, to provide the products as described in Section 2.

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changes, substitutions, additions, deletions and/or pricing revisions must be reviewed and approved by the City and Vendor in writing prior to any inclusion in the Agreement. Pricing discount will remain fixed throughout the term of the Agreement.

5. ORDERING REQUIREMENTS
Vendor will provide the ability for City to order via Fax, telephone, direct mail, email, online/website, and/or walk-in orders.

8. TERM, PROGRESS AND COMPLETION
The term of this Agreement is from the date first written above to June 30, 2027, unless Agreement is terminated as provided for herein.

9. NO ASSIGNMENT
This Agreement is not assignable by Vendor without City’s prior consent in writing.

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to the owners of Vendor'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. Vendor 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 Vendor’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Vendor, or should City otherwise find Vendor’s legal counsel unacceptable, then Vendor shall reimburse City its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. Vendor 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 Vendor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination or expiration of this Agreement.

11. MINIMUM SCOPE AND LIMIT OF INSURANCE
Without limiting Vendor’s indemnification of City, and prior to commencement of Work, Vendor shall obtain, provide, and maintain at its own Item No.7G

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expense during the term of this Agreement, and any extension thereof, policies of insurance of the type and amounts described below in a form that is satisfactory to City.

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advance written notice of such change. If such change results in substantial additional cost to Vendor, City and Vendor may renegotiate Vendor's compensation.

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

Item No.7G

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12. 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.

15. CANCELLATION OF ORDERS
City may cancel any order with respect to any supplies or equipment ordered without incurring any cancellation charges or restocking fees.

City makes no representation that it or any governmental entity will purchase any minimum quantities or dollar amounts.

Item No.7G

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

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

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

Item No.7G

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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.

27. GOVERNING LAW; CAPTIONS; ENTIRE AGREEMENT BETWEEN

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

Item No.7G

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

TO CITY: City of Thousand Oaks
Attn: Chris Meske, Senior Purchasing Specialist
1993 Rancho Conejo Boulevard
Thousand Oaks, CA 91320
TO VENDOR: Pollard Water
Attn: Ryan Bugh, General Manager
3681 Market Street
Ventura, CA 93033

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8 6
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.

POLLARD WATER
Ryan Bugh, General Manager

Office of the City Attorney
________________________________
Tracy Friedl, Assistant City Attorney
Item No.7G

DPW: 370-10/md/ev/Council/2022/10252022/Purchasing Inventory Material and Parts Att 4.docx

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2 6
8 6

EXHIBIT A

A. Materials must meet NSF/ANSI Standard 61 requirements.

B. Materials must be approved in accordance with the City of Thousand Oaks Water Design and Construction Standards, as adopted on June 23, 2009.

C. Vendor must maintain a local warehouse (within 30 minute delivery time) with substantial inventory to meet the needs of the City.

Item No.7G

DPW: 370-10/md/ev/Council/2022/10252022/Purchasing Inventory Material and Parts Att 4.docx

Page 12 ends

2 6
8 6

EXHIBIT B

SCHEDULE OF FEES
Product Description Accepted Manufacturer's
Discount
Percentage off
Current Price
Book
1 2-inch Chlorine Tabs 5-lbs bucket Net Price $22.55
2 Other Chemicals for the treatment of water
and wastewater Per City Standards No less than 5%
3 Other Parts, Supplies, and Products for the
treatment of water and wastewater Per City Standards No less than 5% EMERGENCY RESPONSE (After Hour) $250.00 flat fee.

Discounts are guaranteed for the life term of this contract. Any Net Price Changes shall be provided to City, in writing, at least 30-days prior to the increase.

Item No.7G

TO:Andrew P. Powers, City Manager
FROM:Jonathan Serret, Cultural Affairs Director
DATE:October 25, 2022
SUBJECT: Budget Appropriation for Thousand Oaks Alliance for the Arts Personnel
RECOMMENDATION:

Approve budget appropriation and expense in the amount of $48,500 from A/C #681-7790-484-7000 (Theatres Fund, TOArts Reimbursements) as follows:
$30,000 to A/C #681-7790-681-1210 (Theatres Fund, TOArts Temporary/Hourly Employees), $8,500 to A/C #681-7790-681-1010 (Theatres Fund, TOArts Regular Salary), and $10,000 to A/C #681-7790-681-2114 (Theatres Fund, TOArts UAL Distribution).

FINANCIAL IMPACT:
$48,500 Increase to FY 2022-23 Theatres Fund Budget Fully Offset by Reimbursement from Thousand Oaks Alliance for the Arts (TOArts). Minimal staff time required to prepare the report is included in the Adopted FY 2022-23 Theatres Fund Budget. The increase of $48,500 to the Adopted FY 2022-23 Theatres Fund Budget will be fully offset by reimbursement from TOArts and aligns with the FY 2022-23 TOArts Operating Budget.

BACKGROUND:

In November 2016, City Council consented to the statutory merger of the Alliance for the Arts into the Thousand Oaks Civic Arts Plaza Foundation (Foundation). In addition, City Council approved a Memorandum of Understanding (MOU) between the City and Foundation detailing the public/private agreement with the combined new nonprofit entity now known as TOArts. The MOU outlines the relationship between TOArts and the City, including the provisions for staffing. The City provides pro-bono support to reduce overhead expenses, these include: Executive Director (Cultural Affairs Director), marketing, finance, legal, and HR services.

TOArts does not employ its own staff, rather the organization directly reimburses the City for the salary and benefit expenses of the Associate Director (Cultural Item No.7H

Budget Appropriation for TOArts Personnel
October 25, 2022

Page 2 ends

4 1
2 Affairs Associate Analyst), whose primary duties include development, donor cultivation, and program administration.

DISCUSSION/ANALYSIS:

Over the last five years, TOArts has grown in membership, support, and programming. The organization’s mission reads: “TOArts enriches lives and strengthens the fabric of the community through arts education and the presentation and support of visual and performing arts at the Bank of America Performing Arts Center and beyond.” The slate of operational programs has grown since the merger in 2017.

TOArts is the largest single presenter/promoter of performances at the Bank of America Performing Arts Center (BAPAC). Through TOArts Presents, approximately 50 performances are presented annually at the BAPAC venues.

This key program has been expanded to also present a series of outdoor concerts branded as TOArts After Dark at the Stagecoach Inn Museum. Kids and the Arts focuses on bringing schoolchildren to the theatres for live performances. This program provides experiential education which exposes children to the arts and promotes etiquette and social behavior. The Dr. Raymond Olson Performance Grants provide funding support to qualifying nonprofit renters of the BAPAC venues, including the three Resident Companies, in the form of theatre credits to offset venue expenses.

In addition to these programs, TOArts has expanded opportunities to support arts education. With a goal to provide access to high-quality, sequential arts education for all elementary school students in Ventura County, AccessArts was established as a grant program to provide funding for programs, materials, or capital improvements which support arts education in local primary schools. Virtually Kids and the Arts began in 2020 to provide virtual field trips to students during the pandemic when they were unable to come to the theatres. This program has been very successful as it provides access to educational and artistic content through the TOArts website and is not restricted by geographic location, capacity, or by transportation limitations.

Coordinating these programs requires significant staff time. As TOArts has grown, and continues to grow, additional staff support is needed to maximize its efficiency and effectiveness. On September 8, 2022, the TOArts Board of Directors approved the FY 2022-23 Operating Budget (Attachment #1) which included a $30,000 budget for hourly support staff. This part-time, hourly position will provide administrative assistance and coordinate programs. In contrast with the biennial budget process of the City, the TOArts Board of Directors adopts an Operating Budget annually. Thus, an $18,500 appropriation and expense authorization aligns the budgeted expenses of the Associate Director dedicated to TOArts operations.

Item No.7H

Budget Appropriation for TOArts Personnel
October 25, 2022

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4 1
2 COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

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

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

PREPARED BY: Jonathan Serret, Cultural Affairs Director Attachment:

Attachment #1 – FY 2022-23 TOArts Operating Budget
CAD: 901-40\js\H:Common\SR\2022CC\10252022TOArts Personnel Budget SR.docx Item No.7H

Budget 2022-23
Operating Revenue (see pg. 2) 140,500$
Program Revenue (see pg. 3 )3 7 6 , 0 0 0 $
Investment Income - Other
Other
Total Cash Revenue 516,500$
Pledge Receivables
In Kind Revenue 35,000 $
Operating Expense (see pg. 2) 372,007$
Program Expense (see pg. 3 )3 7 6 , 2 5 0 $
Other (FOTCAP)
Subtotal Expense 748,257$
5920 Community Grants 125,000 $
Theater Support 295,000 $
Subtotal Support 420,000$
Total Cash Expense & Support 1,168,257$
In-Kind Expense 35,000 $

INVESTMENT WITHDRAWAL
California Community Foundation 295,000$
Morgan Stanley 250,000$
Carpenter Fund 40,000$
VCCF CACE 45,000$
Total Projected Investment Withdrawal 630,000$
(21,757)$
TOArts
Operating Budget 2022-23
Net Cash Profit/(Loss)

REVENUE

EXPENSE

Page 1 ends

ATTACHMENT #1
Item No.7H

TOArts
Operating Budget
FY2022-23
Operating Detail
Budget 2022-23
Contributions $140,500
Pledges (Cash Received)
Total Operating Revenue $140,500
Salary & Benefits $160,000
Admin Support $30,000
Subtotal $190,000
Contract Services
5210 Audit $11,700
5699 Grant Writer
5699 DEI
5699 Audience Development
5699 Facilitators $5,500
5699 Major Gifts Consultant $5,495
5100 Legal $1,000
Subtotal $88,695
Insurance
6312 Liability/Directors/Officers $6,250
Subtotal $6,250
Operations
5220 Bank Fees $2,500
6700/3622 Graphic Design $2,500
6700 Marketing/Branding $25,000
3114 Meeting Supplies $1,500
6600 Membership/Dues/Subscriptions $4,661
6510 Mileage $1,000
3300 Equipment $500
3122 PC Software Licenses $1,200
3620/3611 Printing $2,000
6499 Rent $1
3110 Supplies $1,000
4300 Website Maintenance $2,400
5699 Website Design $3,500
Subtotal $47,762
Education & Training
6520 Registration Fees / Travel $5,800
$65,000
2022-23 Operating Budget
Operating Revenue
Operating Expense

Page 2 ends

Item No.7H

TOArts
Operating Budget
FY2022-23
Operating Detail
6550 Meetings - Staff $0
6520 Booking Conferences $8,500
Subtotal $14,300
Development Activities
7899 Donor Cultivation (DNRCUL) $3,000
3620 Direct Mail (TOMAIL) $5,000
5920 Nonprofit Sponsors hip/Donations $3,500
7899 Networking (TONTWK) $1,500
3122 Donor Software $6,000
6930 Donor Acknowledgem ent / Benefits $6,000
Subtotal $25,000
Total Operating Expense $372,007
Net Operating Profit/(Loss) -$231,507

Page 3 ends

Item No.7H

Thousand Oaks Alliance for the Arts
Operating Budget
FY2022-23 Program Detail
TOArts
Presents
9270
Concessions
9260
Arts
Education
9230
TOAEDU
ASK Event
9240
TOASK
Gratitude
9240
TOTHNK
Donor
Engagement
Events
9240
TODEE
2022-23
Budget
Performance Revenue 225,000 225,000
Concession Sales - Net 30,000 30,000
Contributions - Unrestricted 2,500 1,000 2,500 6,000 Contributions - Restricted 50,000 50,000
Grants - Unrestricted 15,000 15,000
Memberships -
SE Ask Contributions 30,000 30,000
SE Auction -
SE Ticket Sales -
SE Raffle -
SE Sponsorships (TOArts After Dark) 20,000 20,000
SE Other Revenue -
Total Program Revenue 245,000 30,000 67,500 30,000 1,000 2,500 376,000 -
Performance Expense 185,000 185,000
Contract Services 5,000 4,000 9,000
Community Grants 892-9230-691-5946/5920 160,000 160,000 SE Décor - 892-9240-691-5699 500 500
SE Food and Beverage = 892-9240-691-3115 4,000 4,500 1,000 9,500 SE Rentals 892-9240-691-6499 1,500 1,500
SE Marketing -892-9230-691-6700 3,500 3,500
SE Supplies - 892-9240- 691-3114 1,500 1,000 2,500 Donor Acknowledgement - 892-9240-691-6930 2,500 2,500 SE Other (software licenses) 892-9230-691-3122 1,000 750 500 2,250 Total Program Expense 185,000 - 166,000 10,750 13,000 1,500 376,250 Proposed Budget - Net 60,000 30,000 (98,500) 19,250 (12,000) 1,000 (250) 2022-23 Program Budget

Page 4 ends

CAD: 901-40\js\H:Common\SR\2022CC\10252022TOArts Personnel Budget Att Operating Budget.docx Item No.7H

TO:City Council
FROM:Thousand Oaks Alliance for the Arts Board of Directors DATE:October 25, 2022
SUBJECT: Ratification of Thousand Oaks Alliance for the Arts Board Directors
RECOMMENDATION:

Ratify the selection of Elibet Valencia Muñoz and Sean Rendineo as Directors on the Thousand Oaks Alliance for the Arts Board for a term of three-years ending December 31, 2025.

FINANCIAL IMPACT:

No Additional Funding Requested. Minimal staff time required to prepare the report is included in the Adopted FY 2022-23 Theatres Fund Budget.

BACKGROUND:

In November 2016, City Council consented to the statutory merger of the Alliance for the Arts (Alliance) into the Thousand Oaks Civic Arts Plaza Foundation (Foundation). In addition, City Council approved a Memorandum of Understanding (MOU) between the City and the Foundation detailing the public/private agreement with the combined new nonprofit entity. In May 2017, the State of California approved the statutory merger of the two entities and on May 19, 2017, the Alliance officially merged with the Foundation. The combined organization was rebranded and is now the Thousand Oaks Alliance for the Arts (TOArts).

Per the MOU, City Council ratification is required for the appointment of all TOArts Board Directors.

DISCUSSION/ANALYSIS:

The TOArts Board of Directors created an Ad Hoc Nominating Committee in April 2022, to identify candidates to fill two vacant Board Director seats. These vacancies were realized with the ratification of changes to the TOArts Bylaws in Item No.7I

Ratification of TOArts Board Directors
October 25, 2022

Page 2 ends

4 1
3 August 2020, which expanded the size of the TOArts Board from seven Directors to a maximum of 11 Directors.

Over the summer of 2022, the Nominating Committee held two virtual blue-ribbon information sessions where various leaders of the local community were provided an overview of TOArts’ organization and goals. As a part of these sessions, the committee asked attendees for suggestions of potential board members who may be a good fit with shared passion and appreciation for the arts and specific TOArts programs. Based upon the committee’s recommendations, the Board has elected Elibet Valencia Muñoz and Sean Rendineo to three-year terms ending on December 31, 2025.

Elibet is a West County-based storyteller and photographer. As the daughter of immigrant parents, she grew up in the US and Mexico and her family settled in Oxnard when she was 10 years old. Elibet is a graduate of California State University Channel Islands. Through her photography, Elibet aims to honor our stories as valuable pieces in the mosaic of our communities.

Sean is a Thousand Oaks native and graduate of California Lutheran University.

Following graduation, Sean decided to reinvest in his hometown and, along with his wife Amber, opened Five07 Coffee Bar. In 2019, Sean also served as Executive Director for the inaugural Creative Fest at King Gillette Ranch.

The TOArts Board recommends City Council ratification of Elibet Valencia Muñoz and Sean Rendineo to serve on the Board of Directors for a term of three-years ending December 31, 2025.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

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

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

PREPARED BY: Jonathan Serret, Cultural Affairs Director CAD:901-40\js\H:Common\SR\2022 CC\10252022 TOARTS Ratification SR.docx Item No.7I

TO:City Council
FROM:Ed Jones, Mayor Pro Tem
Claudia Bill-de la Peña, Councilmember
DATE:October 25, 2022
SUBJECT: Arts and Culture Roundtable Appointments
RECOMMENDATION:

Approve appointment of Lyndon Apostol, Wendy Courtland, Janine Delwarte, Lynn Farrand, Timothy Hengst, Susan Kelly, Jennifer Miller, Ed Smart, and Natalia Staneva to the Arts and Culture Roundtable for two-year terms, effective November 16, 2022.

FINANCIAL IMPACT:

No Additional Funding Requested. Minimal staff time required to prepare the report is included in the Adopted FY 2022-23 Theatres Fund and General Fund Budgets.

BACKGROUND:

The Arts and Culture Roundtable (Roundtable) was established in May 2019 as an advisory body to City Council on matters pertaining to Arts and Culture within the community. Composition of the Roundtable permits up to 15 members. The Roundtable is intended to bring together a balance of representation from local arts organizations, local working artists, and arts educators with distribution across the visual and performing arts fields. Members serve staggered, two-year terms.

Per the enacting resolution, up to seven seats expire in the odd years, with up to eight expiring in the even years.

DISCUSSION/ANALYSIS:

On May 14, 2019, City Council approved enacting Resolution No. 2019-017, establishing a Roundtable. The intended purpose of the Roundtable is to provide advice and input to City Council on matters pertaining to the arts and culture community. Focused more broadly on the community than previous advisory bodies, the Roundtable provides an opportunity to convene a balanced membership from the various segments of the local arts community. Members shall work together to build and strengthen community relationships, identify Item No.7J

Arts and Culture Roundtable Appointments
October 25, 2022

Page 2 ends

4 1
5 needs, and develop their work plan. The Roundtable will provide City Council with a proposed annual work plan for approval and an annual report of their activity.

An open application period solicited interest to fill up to ten available vacancies; the Roundtable had previously been comprised of only ten members. The application period ran April 5 – May 5, 2022, and was extended to May 19, 2022.

Ten applications were received; one application was rescinded prior to interview.

Seven interviews were conducted on July 25, 2022, via Zoom. Two interviews were subsequently conducted via Zoom on September 26, 2022, for applicants who were unavailable for the initial interview date. After reviewing the nine applications (Attachment #1) and interviewing the applicants, it was determined that all meet the criteria of the Roundtable.

The following appointments are recommended: Lyndon Apostol (Dancer/Choreographer), Wendy Courtland (Artist), Janine Delwarte (Artist/Advocate), Lynn Farrand (Artist/Curator), Timothy Hengst (Illustrator/Educator/Kingsmen Shakespeare), Susan Kelly (Arts Educator), Jennifer Miller (Artist – Thousand Oaks Art Association), Ed Smart (Arts Council of the Conejo Valley/Educator), and Natalia Staneva (New West Symphony).

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.

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

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

PREPARED BY: Jonathan Serret, Cultural Affairs Director Attachment:

Attachment #1 – Applications for selected applicants
CAD:115-01\js\H\:Common\Council\2022\102522 Arts and Culture Roundtable Appointments.docx Item No.7J

Board and Committee Application
Please use the latest version of the Google Chrome browser, when submitting this form Select Language
Powered by
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Please note: Resolution No. 2003-105 Sec. 17, Duplicate Appointment, provides that unless specifically authorized by City Council, no citizen may serve on more than one standing Citizen Board, Commission or Committee.

California Dance TheatreWestlake
Village
CA Breakdance, Hip Hop
Instructor. Web Design
Secretary
Experience in Hip Hop/Breakdancing
Instruction:

Basic to Advance Hip Hop techniques:

Choreography, Breakdancing
Properly Communicating to Parents about
their Children's progress or decline
—
Execute Admin’s Web Design instructions to
change, update, adjust any elements of the
California Dance Theatre website
https://www.caldancetheatre.com/
Monarchs Athletics Agoura
Hills,
Newbury
Park
CA Gymnastics and Parkour
Coach
Experience in Instruction of Basic to
Advance Gymnastics, Parkour, and
Breakdancing mechanics
Properly Communicating to Parents about
their Children's progress or decline
Management of Birthday Parties (solely or
with an Understudy): set up, party activity
leader, procurement of payment
Thrive Dance CenterNewbury
Park
CA Breakdance, Hip Hop, Acro
Instructor.

Experience in Hip Hop/Breakdancing
Instruction:

Basic to Advance Hip Hop techniques:

Choreography, Breakdancing
Basic to Advance Acro: Choreography,
Tumbling
Get In The Groove
Entertainment
Ventura,
Los
Angeles,
Orange
County
CA Master of Ceremonies, DJExperience in organizing and executing festivities as an Emcee and DJ for school,
corporate, birthday, mitzvah, and wedding
celebrations
Orthopedic Ultrasound Inc.Thousand
Oaks
CA Ultrasound Tech AssistantAssisting Musculoskeletal diagnostics in the clinic using the Ultrasound Machine
Creating materials for social media
platforms to increase and expand
communal awareness of how Ultrasound
Imaging’s timely results aid in the healing
journey of all patient’s in recovery
Young Ninjas USA Ventura and
Los Angeles
County
CA Martial Arts Sensei Experience in Instruction of Basic Martial Arts and Creative movement mechanics
Properly Communicating to Parents about
their Children's progress or decline
Management of Birthday Parties (solely or
with an Understudy): set up, party activity
leader, procurement of payment
Item No.7J

If you have been a Member of a City Board, Commission or Committee, please list the following:

Commission Name Start Date End Date
Please list current and past civic, fraternal, volunteer and non-profit organizations in which you are or have been active:

According to the Arts and Culture Roundtable by-laws, members must be at least 18 years of age and must be an arts educator or working artist residing in Thousand Oaks, or a representative of an arts organization located in and/or doing business in the City. Are you:*

If you currently or previously worked as a professional visual or performing artist, arts educator, or arts philanthropist, please describe your experience.*
Pick Up Stix Westlake
Village
CA Front of the House Experience as the face of the restaurant:

Effectively communicating ingredients to
customers, up selling, and promoting sales
Opening and Closing the Restaurant,
Assisting chefs with food preparation
Interacting with Customers to maximize visit
satisfaction
Community Activities
Interests & Experiences
To be of great service is a gift—as a performer that have grown since the days of Westlake High School Choir to grand stages in the counties of Ventura and Los Angeles, it would be a great honor to lend my experience and wisdom gained from past challenges and adversities.

As a Philippine migrant who moved here in Thousand Oaks at ten years old, now given an opportunity to share and build, this is what I believe is the culmination of all my learning thus far.
— Resident Rat King for The Pacific Festival Ballet’s production of the The Nutcracker since 2016
— Performed as part of the Shark Ensemble for West Side Story 2019 with Patrick Cassidy as 5-Star Theatrical’s Artistic Director
— Appointed as a Judge by ACCV President Ed Smart for the 2022 Legacy Scholarship — Learned from my mentors, the Maselli Family, the importance of clarifying vision and effective strategies to execute community-moving productions A representative of an arts organization
located in and/or doing business in Thousand
Oaks
An arts educator or working artist residing in
Thousand Oaks
At least 18 years of age
Item No.7J

Attach Resume:

Additional Documents:
• That all information in this application is complete, truthful, and accurate to the best of my knowledge. • If appointed, I understand it is my responsibility to notify the City of changes that would affect my membership on the committee. • I recognize that Board/Commission/Committee membership requires my attendance at meetings and/or events. I am willing and able to make this commitment of time and effort to serve.
• I understand that the Public Records Act (PRA) allows for public review of this application. • If appointed, I understand that I will be required to file a Conflict of Interest Statement (Form 700) pursuant to Fair Political Practices Commission regulations.
• I am not an official or employee of the City of Thousand Oaks.

If appointed, I understand that I will be required to file a Conflict of Interest Statement (Form 700) pursuant to Fair Political Practices Commission regulations. If appointed, I understand that I will be required to complete Ethics Training for Local Officials (AB 1234) within one year of appointment and every two years thereafter. If appointed, I understand that I will have to complete Sexual Harassment Training.

I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above statements.
*
Date:*
First name:*
Last name:*
Signature:*
Applications MUST be submitted before the established filing deadline.

In compliance with the Americans with Disabilities Act, if you need special assistance to read this application, please contact the City Clerk Department (805) 449-2151.

I am currently a dance, gymnastic, and martial arts instructor for five different studios and facilities.

My entertainment resume further lists my experience in our dear community theater productions such as High Street Arts Center, Conejo Players, 5-Star Theatricals, and beyond.

Ed Smart, President of the Arts Council of Conejo Valley, asked I judge the 2022 Legacy Scholarship Award assessing talented, driven, and blooming artists.

Most of my personal time is spent Performance Training: Acting, Vocals, and Dance; in Filipino Community Events; or serving as a creative and physical development facilitator to young families.

F2F568CE-68FA-462C-A0CE-1A3C53ACBCD8.jpeg 600.98KB
Certification
I Agree
5/2/2022
Lyndon Adolf
Apostol
Item No.7J

Family business.

Yamagata Studios Malibu CA Art Director Managing art collection, website design.

TD Bank Toronto ON Art Director Responsible for developing an in house design group.Overseeing a group of
designers.

Item No.7J

If you have been a Member of a City Board, Commission or Committee, please list the following:

Commission Name Start Date End Date
Please list current and past civic, fraternal, volunteer and non-profit organizations in which you are or have been active:

If you currently or previously worked as a professional visual or performing artist, arts educator, or arts philanthropist, please describe your experience.*
Attach Resume:

IBM Toronto ON Art Director Lead designer and partially responsible for the management of IBM's in house
Interactive Studio.

Community Activities
National Charity League 1/1/2019
Interests & Experiences
I am interested in serving on the Arts and Culture board because my interests have always been in the arts whether it be performing or the fine art application. I currently have more free time and would like to be a part of and give back to my community. I know that being part of this committee will be a rewarding experience and feel as though I could contribute some of my experiences.

Most of my experience comes from my years of being involved and working with other artists to create solutions. I have a Fine Art Degree from the Ontario College of Art & Design University and extensive knowledge of both Fine and Digital art.

A representative of an arts organization
located in and/or doing business in Thousand
Oaks
An arts educator or working artist residing in
Thousand Oaks
At least 18 years of age
My education is primarly in the fine arts but worked as a digital artist for many years. Please see attached resume for more details. Thank you.
resume_Wendy.pdf 81.3KB
Certification
Item No.7J

• I am not an official or employee of the City of Thousand Oaks.

In compliance with the Americans with Disabilities Act, if you need special assistance to read this application, please contact the City Clerk Department (805) 449-2151.

I Agree
4/22/2022
Wendy
Courtland
Item No.7J

If you have been a Member of a City Board, Commission or Committee, please list the following:

Commission Name Start Date End Date
Please list current and past civic, fraternal, volunteer and non-profit organizations in which you are or have been active:

California Lutheran UniversityThousand
Oaks
CA Interim Dean, College of Arts
and Sciences, Executive
Director Kingsmen
Shakespeare Company
Manage the Traditional Undergraduate
School of the University - responsible for
supervision of faculty, management of
school budget, oversee course scheduling,
participate on administrative decisions for
the university, handle student academic
issues; previously chair of the Visual Arts
Department and manage the professional
theatre company, producing the Kingsmen
Shakespeare Festival, and Shakespeare
Educational Tour.

Community Activities
TOARTS Advisory Council 12/4/2017
Arts Education Focus Group 3/7/2022 3/7/2022
TOARTS Arts Education Committee 5/13/2019
California Lutheran University 8/27/2001
Kingsmen Shakespeare Company 6/30/1997
Thousand Oaks Kiwanis Club 5/25/1989
VCCF Communications & Marketing Committee6/16/2014 6/16/2016 Thousand Oaks Art Association 5/30/2011
Westlake Village Art Guild 5/30/2019
Interests & Experiences
I believe that arts and culture are the heartbeat of any community. Strong dynamic and inclusive programming, accessibility to all residents, and effective marketing, bring important community support to the success and sustainability of our city. My involvement in the arts at Cal Lutheran, both as a faculty member, administrative leader, and professional artist, can lend insight, support, and guidance to future planning of cultural and artistic endeavors in the community.

Faculty member at CLU teaching in Multimedia since 2001 Interim Dean of the College of Arts and Sciences at CLU beginning January 2022 Service on various community organizations
Professional, practicing medical illustrator, and member of the national Association of Medical Illustrators
Executive Director of the Kingsmen Shakespeare Company, and member of the international Shakespeare Theatre Association
Participation on several TOARTS committees
Participant and juror on numerous art shows and galleries Item No.7J

If you currently or previously worked as a professional visual or performing artist, arts educator, or arts philanthropist, please describe your experience.*
Attach Resume:

In compliance with the Americans with Disabilities Act, if you need special assistance to read this application, please contact the City Clerk Department (805) 449-2151.

A representative of an arts organization
located in and/or doing business in Thousand
Oaks
An arts educator or working artist residing in
Thousand Oaks
At least 18 years of age
I have been a practicing medical illustrator since 1974. I have illustrated over 50 surgical textbooks in a variety of specialties. including cardiac surgery, ophthalmology, OB-GYN, and orthopaedics. In 2013 I received the Lifetime Achievement Award from the Association of Medical Illustrators. I also create fine art digital collage and have exhibited in numerous local and regional art shows. I taught medical illustration in grad school at the Johns Hopkins Medical School, and have taught multimedia at Cal Lutheran since 2001.

Hengst_resume_2022.doc 73KB
HENGST_12_21_CV.docx 63.18KB
Certification
I Agree
5/11/2022
Timothy
Hengst
Item No.7J

Which
Board/Commission
would you like to apply
for?*
First name:*
Last name:*
Home phone:*
Cell/Business phone:*
Residence Address:*
Email Address:*
How did you learn of
this vacancy?*
Are you a resident of
Thousand Oaks?*
Check all applicable:*
Previous work history
Company City State Job Title Summary of Duties (?)
Application Type
Arts & Culture Roundtable
Personal Information
Natalia
Staneva
I serve on the current committee
Yes No
Occupation/Work History
Retired Employed Unemployed Student Military Other
New West Symphony THOUSAN
D OAKS
CA CEO I'm accountable for all aspects of the
organization and for implementing policies
set by the Board. I set the tone for
organizational operations, formulating and
carrying out policies and programs related
to administrative, budgetary, staffing, fund-
raising, and advocacy activities. I often
serve as a public face for the orchestra in
community activities and patron/donor
relations.

Item No.7J

If you have been a Member of a City Board, Commission or Committee, please list the following:

Commission Name Start Date End Date
Please list current and past civic, fraternal, volunteer and non-profit organizations in which you are or have been active:

If you currently or previously worked as a professional visual or performing artist, arts educator, or arts philanthropist, please describe your experience.*
Attach Resume:

Community Activities
Arts and Culture Roundtable 9/1/2021 6/30/2022
New West Symphony 4/21/2008
Harmony Project LA 9/1/2011
American Youth Symphony 4/26/2006
Interests & Experiences
I'm interested in developing more access to the performing arts in the City.

I'm an experienced NGO professional with strong analytical skills to interpret complex information and creative problem solving; responsible for managing the human and financial resources of the orchestra to achieve the orchestra's mission to “inspire passion for music through live performances that attract, engage, educate and enrich our diverse audiences”; led several successful artistic leadership search campaigns. I can contribute my skills and network to advancing the access to the arts in Thousand Oaks.

I have a unique perspective on the evolution of the performing arts in Thousand Oaks and over 15 years of experience in the arts administration in the City; I have worked with the artists, arts boards, established endowments and contributed to cultural vibrancy of Ventura County.

A representative of an arts organization
located in and/or doing business in Thousand
Oaks
An arts educator or working artist residing in
Thousand Oaks
At least 18 years of age
I have not previously worked as a professional visual or performing artist, arts educator, however I have donated to most of the performing arts organizations in Thousand Oaks.

Natalia Staneva Leads the New West Symphony to New
Heights.pdf 2.48MB
Certification
Item No.7J

• I recognize that Board/Commission/Committee membership requires my attendance at meetings and/or events. I am willing and able to make this commitment of time and effort to serve.
• I understand that the Public Records Act (PRA) allows for public review of this application. • If appointed, I understand that I will be required to file a Conflict of Interest Statement (Form 700) pursuant to Fair Political Practices Commission regulations.
• I am not an official or employee of the City of Thousand Oaks.

In compliance with the Americans with Disabilities Act, if you need special assistance to read this application, please contact the City Clerk Department (805) 449-2151.

I Agree
5/4/2022
Natalia
Staneva
Item No.7J

Which
Board/Commission
would you like to apply
for?*
First name:*
Last name:*
Home phone:*
Cell/Business phone:*
Residence Address:*
Email Address:*
How did you learn of
this vacancy?*
Are you a resident of
Thousand Oaks?*
Check all applicable:*
Previous work history
Company City State Job Title Summary of Duties (?)
Application Type
Arts & Culture Roundtable
Personal Information
Lynn
Farrand
Jonathan Serrett
Yes No
Occupation/Work History
Retired Employed Unemployed Student Military Other
CMATO/California Museum of
Art Thousand Oaks
T.O. CA Sr. Curator Research and Find Artists as welll as relevant contemporary concepts to put
together a cohesive exhibition of work.

Manage: shipping, installing, programs,
window display, interactive elements when
possible, communicate with artists
regarding all aspects of exhibition,
deinstalling the work and return shipping.

Community Activities
Item No.7J

If you have been a Member of a City Board, Commission or Committee, please list the following:

Commission Name Start Date End Date
Please list current and past civic, fraternal, volunteer and non-profit organizations in which you are or have been active:

If you currently or previously worked as a professional visual or performing artist, arts educator, or arts philanthropist, please describe your experience.*
Attach Resume:

CMATO 5/17/2014 5/18/2017
Interests & Experiences
I feel that the arts is an imperative element that should not be forgotten in our society simply because it is not associated with financial gain. Our children should have a place to learn and experience the arts as well as our seniors and everyone in between. If the schools are not going to provide it, then the community will need to step in and provide the opportunities for everyone to benefit from all art forms. Art enriches our lives and opens our minds to possibilities. With the rising cost of gas etc. it is even more essential to provide art experiences here in our community, especially for people who would not be able to. I have a Masters degree in Humanities with Art History and Studio Fine Art as my thesis. I am also a working artist in sculpture and painting.
-understanding of proper protocols through attendance of board meetings for CMATO -relationships with artists in T.O., L.A., and Santa Barbara -appreciation for visual arts as well as all types of music, theater and dance -my travel experiences allow me a deep appreciation for different cultures A representative of an arts organization
located in and/or doing business in Thousand
Oaks
An arts educator or working artist residing in
Thousand Oaks
At least 18 years of age
I have worked as a painter and sculptor for over 30 years. My practice slowed down when the cost of bronze casting doubled and I had an opportunity to work as Sr. Curator at CMATO.

Since we are a small staff, it took most of my creativity and my time so I haven't produced any work for about 4 years and shut down my website, but that is about to change. Beyond creating art works, I would like to assist the community of Thousand Oaks in staying relevant in the art world.

Art Resume 2020.docx 133.63KB
Certification
Item No.7J

• If appointed, I understand that I will be required to file a Conflict of Interest Statement (Form 700) pursuant to Fair Political Practices Commission regulations.
• I am not an official or employee of the City of Thousand Oaks.

In compliance with the Americans with Disabilities Act, if you need special assistance to read this application, please contact the City Clerk Department (805) 449-2151.

I Agree
5/18/2022
Lynn
Farrand
Item No.7J

Commission Name Start Date End Date
Application Type
Arts & Culture Roundtable
Personal Information
Jennifer
Miller
Your email
Yes No
Occupation/Work History
Retired Employed Unemployed Student Military Other
Numerous film studios and
television networks/production
companies
Los Angeles CA Screenwriter Writing and producing TV shows, writing screenplays
Community Activities
Item No.7J

Please list current and past civic, fraternal, volunteer and non-profit organizations in which you are or have been active:

If you currently or previously worked as a professional visual or performing artist, arts educator, or arts philanthropist, please describe your experience.*
Attach Resume:

I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above statements.
*
Date:*
First name:*
Agoura Hills animal shelter volunteer, political campaigns Interests & Experiences
I am interested in promoting art within our community whether it be offering Artists an opportunity to show and promote their work or assisting others to become involved in art.

Having run TV shows, I’m good at communicating with people, coming up with ideas, and thinking outside the box. I have ideas on how to promote art in our community. As to the questions below, I don’t live in Thousand Oaks but I live in Agoura Hills so I’m assuming that’s OK? Also I don’t technically have a résumé, but I have won awards for my art, I have been exhibited in galleries. Also regarding my writing career, I was nominated for an Emmy.

A representative of an arts organization
located in and/or doing business in Thousand
Oaks
An arts educator or working artist residing in
Thousand Oaks
At least 18 years of age
N/A
Certification
I Agree
5/5/2022
Jennifer
Item No.7J

Last name:*
Signature:*
Applications MUST be submitted before the established filing deadline.

In compliance with the Americans with Disabilities Act, if you need special assistance to read this application, please contact the City Clerk Department (805) 449-2151.

Miller
Item No.7J

If you have been a Member of a City Board, Commission or Committee, please list the following:

Commission Name Start Date End Date
Please list current and past civic, fraternal, volunteer and non-profit organizations in which you are or have been active:

Organization Name Start Date End Date
Why are you interested in serving on this Board/Committee and what do you believe you can contribute?* Please list all relevant experience supporting appointment to this board:* Ventura County Behavioral
Health Department
Ventura
County
Califo
rnia
Chief -Behavioral Health
Department
My responsibility was to oversee the
Behavioral Health Department for children
and families, with 300+ employees under
my direction in schools, foster care, clinics,
probation and human services. Additionally,
working in collaboration with County
Supervisors designed and implemented
programs across the county and worked
closely with County CEO and Health Care
Agency Director. I sat on multiple Boards
representing the Department at both local
and State level.

Ventura County Behavioral
Health Department
CountywideCalifo
rnia
Director - Mental Health
Services Act
Represented Ventura County as liaison
toward reforming the mental health system
across the state. This included a focus on
community engagement, consensus
building, developing and implementing new
and innovative programs.

Community Activities
My Board membership has been at the County and State level.3/1/2007 4/30/2021 California Museum Of Art - CMATO 5/2/2019 5/16/2022
Community Conscience 1/3/2017 12/16/2021
Casa Pacifica 5/2/2019
Interests & Experiences
I have always been an advocate of the arts. I hold a BA in fine arts. I have a teaching credential in art and have always supported the arts within our, and other local communities.

My current Board ship with CMATO is representative of my ongoing commitment to bring arts to our community. It is proven that art can be a vehicle for healing, transformation and the pure enjoyment of the art process. Our community is one of engagement and I hold firmly to the belief that a vibrant, inviting, accessible and diverse offering of art within our community - across all ages- will continue to enhance this community experience.

Item No.7J

If you currently or previously worked as a professional visual or performing artist, arts educator, or arts philanthropist, please describe your experience.*
Attach Resume:

I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above statements.
*
Date:*
First name:*
Last name:*
I have used art as therapy for youth when I was an active mental health therapist. I was a secondary art instructor for multiple years. In my role with our local art museum, I have developed community engagement projects to bring together individuals impacted by tragedy.

This includes a “Prayer Flag” project immediately after the Borderline tragedy - I believe it is housed in the city buildings. During the school shutdown due to the pandemic, I developed through the museum, “Life Interrupted”, a project which provided middle and high school students the opportunity to use various mediums to express the impact the isolation has caused them. It is a powerful testament to the arts as a vehicle for expression and potential for healing. The project can be viewed on the CMATO website. Additionally, KCLU did a feature story which I know is still available. I grew up in a family of artists, and know that art can, and does, have a significant and positive impact on each human. I continue to work as an artist for my personal development, both visual and written word. Should I be selected to this Roundtable I will bring a lifetime of knowledge, experience and belief in how the arts bring communities together, open eyes to new ways of seeing and provide the opportunity to make TO even more beautiful.

A representative of an arts organization
located in and/or doing business in Thousand
Oaks
An arts educator or working artist residing in
Thousand Oaks
At least 18 years of age
I was chairperson of the arts department at Roosevelt MS in Glendale from 1980-1985. I consider my current work with CMATO and the financial commitment I have to it’s prosperity my current philanthropy.

Certification
I Agree
5/16/2022
Susan
Kelly
Item No.7J

Signature:*
Applications MUST be submitted before the established filing deadline.

In compliance with the Americans with Disabilities Act, if you need special assistance to read this application, please contact the City Clerk Department (805) 449-2151.

Item No.7J

Application Type
Arts & Culture Roundtable
Personal Information
Ed
Smart
Reapplying for position currently held
Yes No
Occupation/Work History
Retired Employed Unemployed Student Military Other
Ed Smart Music Thousand
Oaks
CA Owner, Composer Composer for Television and Film
Westminster Presbyterian
Church
Westlake
Village
Califo
rnia
Director of Music Ministries Choir Director, Worship and Band Leader Community Activities
Item No.7J

Commission Name Start Date End Date
Please list current and past civic, fraternal, volunteer and non-profit organizations in which you are or have been active:

If you currently or previously worked as a professional visual or performing artist, arts educator, or arts philanthropist, please describe your experience.*
Attach Resume:

Arts and Culture Roundtable 9/29/2021 6/30/2022
Arts Council of the Conejo Valley (President) 6/30/2019 7/1/2023 Interests & Experiences
I am interested in continuing the work we have started on the Roundtable, as I feel it is important to gather as many opinions as possible from all artists in the Conejo. As president of the board of a network of almost 30 non-profit arts organizations in the Conejo Valley, many of whom are on the smaller side, I feel I am in a position to hear from artistic voices that may not be heard from as often.

President, Arts Council of the Conejo Valley (2019 - present) Resident of Thousand Oaks for 14 years
Weekly musical presence (performing, teaching) in the community at Westminster Presbyterian Church, Westlake Village
A representative of an arts organization
located in and/or doing business in Thousand
Oaks
An arts educator or working artist residing in
Thousand Oaks
At least 18 years of age
Ed Smart is an award-winning composer for television and film, having composed themes, scores, and songs for series on Discovery, HBO, CBS, A&E, TLC, Motor Trend, Nickelodeon and OWN, among others. Recent work includes the long-running series A Haunting (Discovery+), for which he has won a Telly Award, and the independent film Gun and a Hotel Bible, for which he won Best Score at the L.A. Live Film Festival. He composed the score to the Oscar-nominated documentary Hank Aaron: Chasing the Dream, executive produced by Denzel Washington, and the children’s animated series Iesodo, for which he has also won a Telly. As a multi-instrumentalist, vocalist, and orchestrator, Ed has worked with many award- winning artists, including Beyonce, Jewel, Amy Grant, Jennifer Hudson, Michael W. Smith, Kirk Franklin, and on American Idol. Originally from Houston, Texas, Ed and his family now live in Thousand Oaks, CA, where he serves as President of the Board of the Arts Council of the Conejo Valley.

Certification
Item No.7J

• I understand that the Public Records Act (PRA) allows for public review of this application. • If appointed, I understand that I will be required to file a Conflict of Interest Statement (Form 700) pursuant to Fair Political Practices Commission regulations.
• I am not an official or employee of the City of Thousand Oaks.

In compliance with the Americans with Disabilities Act, if you need special assistance to read this application, please contact the City Clerk Department (805) 449-2151.

I Agree
5/5/2022
Ed
Smart
Item No.7J

Which
Board/Commission
would you like to apply
for?*
First name:*
Last name:*
Home phone:*
Cell/Business phone:*
Residence Address:*
Email Address:*
How did you learn of
this vacancy?*
Are you a resident of
Thousand Oaks?*
Check all applicable:*
Previous work history
Company City State Job Title Summary of Duties (?)
Application Type
Arts & Culture Roundtable
Personal Information
Janine
Delwarte
Email
Yes No
Occupation/Work History
Retired Employed Unemployed Student Military Other
Musician/Educator Thousand
Oaks
Ca CVUSD elementary
instrumental music coordinator
Overseas 17 Elementary schools in the
district providing instructors collaborating
with the school district and CRPD.
www.conejovalleymusiccamp.com 34 years
Director
All District Music Festival production
committee working with CVUSD and Conejo
Schools foundation.

Item No.7J

If you have been a Member of a City Board, Commission or Committee, please list the following:

Commission Name Start Date End Date
Please list current and past civic, fraternal, volunteer and non-profit organizations in which you are or have been active:

If you currently or previously worked as a professional visual or performing artist, arts educator, or arts philanthropist, please describe your experience.*
Attach Resume:

I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above statements.
*
Community Activities
Interests & Experiences
Working in Conejo Valley for the last 34 years I have a sensible of what kids are looking for in music and arts education.

Music educator
A representative of an arts organization
located in and/or doing business in Thousand
Oaks
An arts educator or working artist residing in
Thousand Oaks
At least 18 years of age
Composer for theatrical circuses, live streaming, performed all over the world.

Will need to upload resume at a different time.

Certification
I Agree
Item No.7J

Date:*
First name:*
Last name:*
Signature:*
Applications MUST be submitted before the established filing deadline.

In compliance with the Americans with Disabilities Act, if you need special assistance to read this application, please contact the City Clerk Department (805) 449-2151.
5/5/2022
Janine
Delwarte
Item No.7J

TO:Andrew P. Powers, City Manager
FROM:Kelvin Parker, Community Development Director
DATE:October 25, 2022
SUBJECT: Ventura County Fire Protection District Ordinance Pertaining to City Building Standards
RECOMMENDATION:

1. Adopt resolution to ratify Chapter 9 of Ventura County Fire Protection District Ordinance No. 32, which allows the Ventura County Fire Protection District to enforce certain building standards related to fire safety within the City of Thousand Oaks.

2. Direct staff to file a copy of the findings of the Ventura County Fire Protection District together with a copy of Chapter 9 of Ordinance No. 32 with the California Department of Housing and Community Development and the California Building Standards Commission.

FINANCIAL IMPACT:

No Additional Funding Requested. Financial impact is limited to the cost of staff time to prepare and process the resolution, which is included in the Adopted FY 2022-23 General Fund Budget.

BACKGROUND:

On October 12, 2022, the Ventura County Fire Protection District (VCFPD) adopted Ordinance No. 32, thereby adopting by reference the 2022 California Fire Code and portions of the 2021 International Fire Code, with local amendments. The VCFPD provides fire protection services within the City of Thousand Oaks, as well as the cities of Camarillo, Moorpark, Ojai, Port Hueneme, Santa Paula, Simi Valley, and the unincorporated area of the County.

The attached resolution (Attachment #1) ratifies Chapter 9 of the VCFPD Ordinance No. 32 (Attachment #2). Chapter 9 includes building standards, relating to fire and life safety, which are more restrictive than those adopted by the State Fire Marshal and contained within the California Building Code. California law requires building standards adopted by local jurisdictions that are more restrictive Item No.7K

VCFD Ordinance Pertaining to City Building Standards
October 25, 2022

Page 2 ends

4 2
0 than those adopted by the State to be enacted by ordinance within 180 days after the State adopts and publishes the California Building and Fire Code. California Health and Safety Code Section 13869.7 authorizes the VCFPD to adopt such standards, but requires ratification by the legislative body where the standards will apply. Therefore, in order for the more restrictive standards to apply within the City, City Council must ratify standards adopted by the VCFPD.

DISCUSSION/ANALYSIS:

The building standards contained in Chapter 9 are an integral part of the VCFPD’s fire protection plan. A key requirement is that all new buildings have an automatic fire sprinkler system, subject to certain exceptions.

California Health and Safety Code Sections 17958, 17958.5, and 17958.7 require the VCFPD to file findings that support the need for more restrictive building standards based on local climatic, geological, or topographical conditions. The adopted findings of the VCFPD are as follows:

1. Local Climatic Conditions. Ventura County experiences periods of high temperatures accompanied by low humidity and high winds each year. These conditions create an environment which has resulted in wildland fires, including the recent Hill and Woolsey Fires. Built-in structural fire protection is a key component in managing potential structural damage from such fires.

2. Local Geological Conditions. Ventura County is in a potentially active seismic zone. After a large seismic event, the potential for multiple fires exists, and built-in fire protection will assist in extinguishing or controlling fires in structures. This will complement local fire-fighting actions by Fire District personnel.

3. Local Topography. Ventura County is characterized by a ring of hills, interspersed with prominent knolls and other landforms. Structure fires in hillside areas will have a greater likelihood of starting a wildland fire, which may expose additional structures to fire.

The proposed resolution is consistent with the City’s past practice of incorporating local amendments to the fire code. The standards contained within the resolution exceed the requirements of the state Fire Marshal and are consistent with the findings requiring local amendments to be based on climatic, geological, or topographical conditions. Staff is recommending City Council adopt the resolution allowing the VCFPD to enforce certain building standards related to fire safety within the City.

Item No.7K

VCFD Ordinance Pertaining to City Building Standards
October 25, 2022

Page 3 ends

4 2
0 COUNCIL GOAL COMPLIANCE:

Meets the following City Council goal:

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

PREPARED BY: Jesse De Anda, Building Official
Attachments:

Attachment #1 – Resolution
Attachment #2 – Chapter 9 VCFPD Ordinance No. 32
cdd:450-15/City Council Staff Report-MCA/pz (FILE ID: MCA 22-70456) Item No.7K

cdd:540-15\H:\COMMON\City Council\CC Agenda Items\2022\10252022\Fire Code Update Reso Attachment 1

Page 1 ends

2 7
0 4
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF THOUSAND OAKS RATIFYING VENTURA

COUNTY FIRE PROTECTION DISTRICT
ORDINANCE NO. 32, CHAPTER 9, PERTAINING TO

BUILDING STANDARDS WITHIN THE

JURISDICTIONAL BOUNDARIES OF THE CITY
WHEREAS, the City of Thousand Oaks lies within the jurisdictional boundaries of the Ventura County Fire Protection District; and WHEREAS, the Ventura County Fire Protection District has responsibility for fire protection within said jurisdictional boundaries; and WHEREAS, the Ventura County Fire Protection District did on October 11, 2022, adopted Fire Protection District Ordinance No. 32, thereby adopting the 2022 California Fire Code (CFC), portions of the 2021 edition of the International Fire Code (IFC), portions of California Code of Regulations Title 19, together with portions of the Appendix Chapters thereof, and amendments thereto, and incorporating by reference Ventura County Fire Protection District Ordinance No. 32; and
WHEREAS, Chapter 9 of Fire Protection District Ordinance No. 32 constitutes an amendment to building standards relating to fire and panic safety adopted by the State Fire Marshal and contained in the California Building Code; and
WHEREAS, pursuant to Section 13869.7(c) of the California Health and Safety Code, amendments containing such building standards are not effective within the jurisdictional boundaries of the City until ratified by the City Council; and WHEREAS, said Chapter 9 contains similar building standards to those that have been in effect and enforced within the City since June 3, 1982; and WHEREAS, the building standards contained within said Chapter 9 are an integral part of the Ventura County Fire Protection District fire protection response plan.

ATTACHMENT #1
Item No.7K

cdd:540-15\H:\COMMON\City Council\CC Agenda Items\2022\10252022\Fire Code Update Reso Attachment 1

Page 2 ends

2 7
0 4
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Thousand Oaks ratifies without modification Chapter 9 of Ventura County Fire Protection District Ordinance No. 32, to be effective within the jurisdictional boundaries in the City of Thousand Oaks on and after January 1, 2023.

PASSED AND ADOPTED THIS 25th day of October, 2022, by the following vote:

Ayes:

Noes:

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

Office of the City Attorney
________________________________
Tracy M. Noonan, City Attorney
APPROVED AS TO ADMINISTRATION:
________________________________
Andrew P. Powers, City Manager
The presence of electronic signature certifies that the foregoing is true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.

Item No.7K

ATTACHMENT #2
Item No.7K

Item No.7K

cdd:450-15/City Council Staff Report-MCA/pz (FILE ID: MCA 22-70456) Item No.7K

TO:Andrew P. Powers, City Manager
FROM:Kelvin Parker, Community Development Director
DATE:October 25, 2022
SUBJECT: Land Management System Project Management
RECOMMENDATION:

1. Authorize City Manager to execute amendment to professional services agreement with Park Consulting Group for land management system (LMS) implementation, subject to the approval of City Attorney once all terms have been negotiated, for a total not-to-exceed amount of $290,000.

2. Authorize budget appropriation and expenditure in the amount not-to- exceed $40,000 from A/C #001-0000-311-100 (General Fund, Fund Balance to A/C #001-4010-641-5420 (General Fund, Consulting Services) for project management through the term of the agreement.

FINANCIAL IMPACT:
$40,000 Increase to FY 2022-23 General Fund Budget. $40,000 additional budget appropriation to Adopted FY 2022-23 General Fund Budget is requested to provide necessary project management services during implementation of the LMS project.

BACKGROUND:

In September 2020, City Council authorized the purchase and implementation of the Tyler EnerGov Land Management System (Tyler Energov). The system software will be used to manage critical services including planning applications, plan check review, building permits and inspections, and code compliance. The system is intended to dramatically enhance the customer experience through such features as online payments, electronic plan review, and a public portal to search and retrieve permit and project records.

Item No.7L

Land Management System Project Management
October 25, 2022

Page 2 ends

4 2
1 In May 2021, the City’s LMS project manager accepted a position at another organization and on May 11, 2021, City Council approved an agreement with Park Consulting Group to provide project management and implementation assistance. Park Consulting Group's specialized skills have been instrumental in customizing and implementing a system capable to effectively meet the City’s customer service and efficiency goals into the future. As a result of the Park Consulting Group team addition, the City benefited from their experience of implementing multiple similar projects in other public agencies.

The LMS go-live timeline included the replacement of the existing, older Central Square Naviline (Naviline) system capabilities and processes. As the project moved forward, and Tyler EnerGov’s new/upgraded system capabilities were provided, the project team identified additional opportunities to incorporate new system capabilities that would better serve staff and constituents. These capabilities included centralized processing and tracking of permits and plans and adding Engineering and Water/Wastewater, which are currently outside of Naviline. Additionally, online services were further expanded to include the citizen portal, public records search capabilities to both Windows and Apple devices for all field staff, and foundational components to deploy virtual meetings and inspections in future enhancements. To enable these expanded capabilities, the project timeline was extended with a go-live date of November 14, 2022. During the implementation, Park Consulting Group led Tyler Energov and City staff through difficult issues, providing needed technical assistance, establishing priorities, and following through on outstanding items of concern.

DISCUSSION/ANALYSIS:

The existing contract with Park Consulting Group was sufficient to absorb most of the additional work during the extended timeline; however, a contract amendment is needed to fund remaining tasks before the go-live date of November 14, 2022, and for post go-live support.

In the coming weeks, Park Consulting Group will provide go-live preparation support, including daily support for the City’s project leads and team members, and assistance in resolving configuration enhancements and other outstanding matters. Post go-live support services will include configuration and functional updates and ongoing issue resolution. They will also be providing support for the design, configuration, deployment, and resolution of priority post go-live enhancements.

Park Consulting Group has been instrumental during the implementation of the LMS and their ongoing support and services are essential as the City moves toward a successful go-live roll out of the new system.

Item No.7L

Land Management System Project Management
October 25, 2022

Page 3 ends

4 2
1 COUNCIL GOAL COMPLIANCE:

Meets the following City Council goal:

PREPARED BY: Gary Rogers, Deputy City Manager
CMO:430-10\H:Common\City Council\Council Items\2022 Staff Reports\10252022\ Land Management System Project Management
Item No.7L

cdd:660-21/Ordinance-CC#01/pz [MCA 2022-70465]

Page 1 ends

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF THOUSAND OAKS AMENDING THE

THOUSAND OAKS MUNICI PAL CODE BY ADDING
ARTICLE 37 TO TITLE 9, CHAPTER 4; MODIFYING
SECTIONS 9-4.202 AND 9-4.2202; AND ADDING
SECTION 9-3.305 TO TI TLE 9, CHAPTER 3,
ARTICLE 3 TO UPDATE THE CITY’S ZONING
REGULATIONS TO IMPLEMENT 2021 SENATE BILL
NO. 9 (SB 9), INCLUDING THE ADDITION OF A

MINISTERIAL PROCESS FO R THE APPROVAL OF

URBAN LOT SPLITS AND TWO-UNIT HOUSING
DEVELOPMENTS (MCA-2022-70465)

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

Part 1

Section 9-3.305 of the Thou sand Oaks Municipal Code is added to read as follows:

Sec. 9-3.305. Urban Lot Splits.

The City shall ministerially process an application for an Urban Lot Split pursuant to Title 9, Chapter 4, Article 37 - Urban Lot Splits and Two-Unit Housing Developments.

Part 2

The definition of “Dwelling Unit” with in Section 9-4.202-Definitions, of the Thousand Oaks Municipal Code is amended to read as follows:

“Dwelling unit” shall mean a building or rooms inside a building that are used as a domicile by one family, and contain common interior access and permanent living, sleeping, eating, cooking and sanitation facilities which is fixed on a permanent foundation.

Item No.7M

cdd:660-21/Ordinance-CC#01/pz [MCA 2022-70465]

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Part 3

The following definitions are added to Section 9-4.202-Definitions of the Thousand Oaks Municipal Code:

“Non-conforming condition” means a feature or site condition which was lawfully erected or altered and ma intained but which, because of the application of the provisions of this chapter to it, no longer conforms to the regulations of the zone in which it is located.

“Car share vehicle station” means as a site or a portion of a site used for the purpose of storing motor vehicles, where the vehicle is operated as part of a regional fleet by a public or private car-sharing company or organization and provides hourly or daily service rental service to the general public. A car share vehicle does not include vehicles used as part of ride-hai ling companies or taxicabs.

Part 4

Section 9-4.2202(a) of the Thousand O aks Municipal Code is amended to read as follows:

(a) The Objective Design Standards (Objective Standards) apply to all residential and mixed-use development, which include the new construction of two (2) or more residential units. The Objective Standards were created in response to legislative provisions such as the H ousing Accountability Act, that limit local jurisdictions’ ability to deny or reduce density of hous ing projects that are consistent with “objective standards” and multi-family residential projects meeting affordability and other criteria can only be subject to “objective” planning standards to be approved through a ministerial process. These standards also appl y to redevelopment that creates two (2) or more new residential units, including but not limited to adaptive reuse of existing buildings. In addition, these standards apply to groups of two (2) or more attached townhomes (row houses ), regardless of whether multiple townhomes occupy the same lot, or eac h townhome is located on a separate lot.

The Objective Standards do not apply to residential development approved pursuant to Article 37 (Urban Lot Splits and Two-Unit Housing Developments) and Section 9-4.2521 (Accessory Dwelling Units).

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Part 5

Article 37 (Reserved.) of the Thousand Oaks Municipal Code is added to read as follows:

Article 37 Urban Lot Splits and Two-Unit Housing Developments

Sec. 9-4.3701 Intent and Purpose

The intent and purpose of this Article is to provide procedural requirements and objective development standards for Urban Lot Splits and Two-Unit Housing Developments as required by State law.

Sec. 9-4.3702 Applicability

Pursuant to California Government Code Sections 66452.6, 65852.21 and 66411.7, the division of l and by Urban Lot Split and provisions for Two-Unit Housing Development shall be subject to the standards set forth in this Article.

If a conflict occurs between this Article and other provisions of the City of Thousand Oaks Municipal Code Title 9, Chapter 4, the standards within this Article will supersede the standards provided in other Articles of this Chapter.

Terms defined within this Article govern the application of these standards and the underlying zoning requirements for qualifying projects. Terms used in this Article have the same meaning as those terms wh ich are used in Title 9-Planning and Zoning, Chapter 4-Zoning, e xcept for those terms specif ically defined within this Article.

Sec. 9-4.3703 Definition of Terms

The following definitions apply to terms used in this Article. “Acting in Concert” shall mean taking action in agreement or partnership with another person or entity and shall include, but not be limited to, where the owner of a property proposed for an Urban Lot Split is the same, related to, or connected by partnership to the owner, buyer, or seller (if transferred within the previous three (3) years) of an adjacent lot.

“Demolition” means the deliberate removal, removal and replacement, relocation, or destruction of the frame, including window and door headers, or foundation of any portion of a building or structure.

“Flag Lot” shall mean a lot which has at least six (6) cour ses or sides, at least three (3) of which form a sta ff which abuts a public or private access way and provides access to the rest of the lot.

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“Protected Tree” shall mean an oak tree, as defined by Sec. 9-4.4202 and a landmark tree, as defined by Sec. 9-4.4302.

“Two-Unit Housing Development” shall mean a housing development consisting of no more than two dwel ling units which are developed using the provisions of this Article or t he provisions set forth in California Government Code Sections 65852.21 and/or 66411.7. The two units may consist of two new units or one new unit and one existing unit.

“Unit” shall mean any single dwelling unit, including but not limited to a primary dwelling unit, an accessory dw elling unit (ADU), a junior dwelling unit (JADU), or any unit created pursuant to this Article.

“Urban Lot Split” means a lot split of an existing, legally created single-family residential lot into two lots that meets the requirements of this Article.

“Usable Open Space” shall mean outdoor or unenclosed area on the ground, or on a roof, balcony, deck, porch or terrace designed and accessible for outdoor living and recreation, but excluding parking facilities, driveways, sidewalks, pedestrian paths , utility or service areas, required front or street side yards, any landscaped area not usable for outdoor living or recreation, or areas with slopes greater than five percent (5%).

Sec. 9-4.3704 Eligibility

The city shall ministerially process an application for an Urban Lot Split or Two-Unit Housing Development if all of the following qualifications are met:

(a) Applicable Zone: The property is located within one of the following single- family residential zones: R-1, R-A, R-E, R-O, or those HPD and RPD zones in which the predominate existing development is single-family residential. (b) Affordable Housing or Rental Proper ty Protection. Neither the Urban Lot Split nor any associated housing devel opment shall require demolition or alteration of any of the following:
(1) Affordable Units. Housing that is subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(2) Ellis Act Units. The parcel subj ect to the proposed project is not a parcel on which an owner of resident ial real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to wi thdraw accommodations from rent or lease within 15 y ears before the date t hat the development proponent submits an application.
(3) Rent Controlled Units. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.

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(4) Rental Units. Housing that has be en occupied by a tenant in the last three (3) years.
(c) Demolition of Existing Housing. No more than twenty-five percent (25%) of the existing exterior structural walls of the dwelling unit may be demolished, unless the site has not been occupied by tenants within the last three (3) years.
(d) Restricted Land. The property shall not be located, in full or in part, in any of the following areas and shall not fall within any of the following categories:
(1) Historic. An historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance, respectively.
(2) Farmland. Prime farmland or fa rmland of statewide importance as further defined in Government Code Section 65913.4(a)(6)(B). (3) Wetlands. Wetlands as defined in the Unites States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(4) Fire Zone. A very high fire hazard severity zone as further defined in Government Code Section 65913.4(a)(6 )(D). This shall not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Sect ion 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigati on measures applicable to the development.
(5) Hazardous Waste Site. A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances C ontrol pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared t he site for residential use or residential mixed uses.
(6) Flood Zone. A special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this Section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:
(i) The site has been subject to a Letter of Map Revision prepared by FEMA and issued to the city; or
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(ii) The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the Nation Flood Insurance Program as further spelled out in Government Code Section 65913.4(a)(6)(G)(ii).
(7) Earthquake Fault Zone. A delineated earthquake fault zone as determined by the State Geologist in any offici al maps published by the State Geologist, unless the development complies with applicable seismic protection building code st andards adopted by the California Buildings Standards Commission under the California Building Standards Law and by the city’s Building Division.
(8) Floodway. A regulatory floodway as determined by FEMA in any of its official maps, published by FEMA unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If an applicant is able to satisfy all applicable federal qualif ying criteria in order to provide that the site satisfies this subpar agraph and is otherwise eligible for streamlined approval under this Sect ion, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site.
(9) Planned for Habitat Conservation. Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural res ource protection plan as further spelled out in Government Code Section 65913.4(a)(6)(I). (10) Habitat for Protected Specie s. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the Califor nia Endangered Species Act [Chapter 1.5 (commencing with Section 2050) of Div ision 3 of the Fish and Game Code], or the Native Plant Protec tion Act [Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code]. (11) Conservation Easement. Lands under a conservation easement.

Sec. 9-4.3705 Urban Lot Split - Planning Permit and Application Requirements

An application for development of an Urban Lot Split created pursuant to this Article will be reviewed ministerially, without discretionary review or a hearing, if it meets all the require ments set forth in this Se ction and those set forth under Government Code Section 65852.21. If any portion of this Section conflicts with Government Code Section 65852.21, t hen Government Code Section 65852.21 will govern.

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Notwithstanding anything to the contrary set forth in this code, the Community Development Director or designee’s ac tion to grant or deny a parcel map application for an Urban Lot Split is final and not subject to appeal.

The Community Development Director is authorized to develop the forms and procedures for such applications pursuant to the following requirements:

(a) Concurrent Submittal. An Urban Lot Split lot application may not be accepted except in conjunction with a concurrently submitted application for residential development on the newly created parcel (if the property has an existing residence) or on both parcels (if the property is vacant) unless a Two-Unit Housing Development project has already been approved on the subject property.
(b) Application. The applicant must subm it an application for a tentative parcel map in compliance with Title 9, Chapter 3, Article 5. An application for an Urban Lot Split must be submitted on the City’s approved form. Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.
(c) Expiration of Approval. An Urban Lot Split approved pursuant to this Section that is not recorded within two (2) years of the date of approval shall expire and become void, except where an ex tension of time application is submitted by the property owner and approved by the Community Development Director or designee. A maximum extension of one (1) year may be approved by the Community Development Director or designee. (d) Public Works Impact & Connection Fees (e.g.: Traffic, Water, Wastewater, Map, Encroachment, Improvements, et c). The newly subdivided lots are separate parcels and therefore shall pay all applicable fees for impacts and connections, as is required with every other residential unit/home. (e) Required Documentation. In addition to the materials determined necessary to complete a full review of the application by the Community Development Director or designee, the application must include the following:
(1) Indemnification. The individual property owner must agree, as part of the application, to hold the city harmless from all claims and damages related to the approval of a subdivision under this Title and its subject matter and reimburse the City for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this Title.
(2) Legal lot. Applicant must submit verification that existing property is a legal lot at time of filing application.
(3) Homeowners’ Association Notification. If the lot is within the boundaries of a homeowners’ association, the applicant must provide evidence that the homeowners’ association has been notified of the proposed project.

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(4) Protected Tree Repo rt. If there are no prot ected trees within the vicinity of the project property, a memorandum stating such shall be prepared by a landscape architect or certified arborist and provided at the time of submittal. If there ar e protected trees on or within the vicinity of the project property a site plan and memorandum prepared by a certified arborist must be provided at the time of submittal. (i) The site plan shall include the lo cation of all protected trees on or within 15 feet of t he property including t he common name, size, and an indication as to the protected tree(s) retention or removal, the location of all existing and proposed structures and/or other improvements, distances of st ructures/improvements to the protected zone of any protected tree (as defined by Sec. 9-

4.4202“Landmark Tree Preservation and Protection Definitions” and 9-4.4302 “Oak Tree Pres ervation and Protection
Definitions”).
(ii) The memo must include a proj ect description, table of any trees proposed to be encroached upon or removed, as well as any measures recommended by the arbor ist for the preservation of as many trees as possible. If replacement trees are required for pursuant to Sec. 9-4.3708(h), a planting plan must also be included in the site plan.
(5) Biologist Statement of No Protected Habita t. A written statement affirming that there is no habitat fo r protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U. S.C. Sec. 1531 et seq.), the California Endangered Species Ac t [Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code], or the Native Plant Protection Act [Chapter 10 (c ommencing with Section 1900) of Division 2 of the Fish and Game Code] within the vicinity of the project property shall be prepared by a qualified biologist, or resource expert and provided at the time of submittal. If the presence of any species or habitat for protected species described above is detected on site, the property is not eligible for an Urban Lot Split, pursuant to Sec. 9-

4.3704(d)(10).
(f) Affidavit of Compliance. The owner of a lot approved to be split as specified herein shall sign an affidavit in a form approved by the City Attorney to be recorded against the property prior to the issuance of a Final Building Inspection Approval, Temporary Certificate of Occupancy, or Certificate of Occupancy stating the following:
(1) That the property is eligible for the Urban Lot Split pursuant to Sec. 9-

4.3704-Eligibility.
(2) That the individual property owner (or the beneficiary of a trust that is an individual property owner) intends to occupy one of the housing Item No.7M

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units on either of the lots creat ed by the Urban Lot Split as their principal residence and legal domicile for a minimum of three (3) years from the date of approval. This requirement shall not apply when the owner is a “community land trust” or a “qualified nonprofit corporation” as the same are defined in the Revenue and Taxation Code. (3) That the primary uses shall be limited to residential uses. (4) That the rental of any unit created pursuant to Article 37 shall be for a minimum of thirty-one (31) days.
(5) That the maximum number of units to be allowed on the lots is two (2), including, but not limited to, uni ts otherwise allowed pursuant to density bonus provisions, ADUs, and JADUs.
(6) That the property is formed by an Urban Lot Split a nd is therefore subject to the City’s Urban Lot Split and zoning regulations, including all applicable limits on dwelling size and development found in Title 9, Chapter 4, Article 37.
(7) That the restrictions shall be binding upon any successor in ownership of the property, and this Cov enant and Deed Restriction and the applicable provisions of the Thou sand Oaks Municipal Code may be enforced by the City of Thousand Oaks.

Sec. 9-4.3706 Urban Lot Split - Standards and Requirements

An Urban Lot Split created pursuant to this Article shall comply with the following standards and requirements so l ong as such standards do not preclude a land division that allows for two units of at least 800 square feet per unit on each resulting lot. However, if the applicati on of an objective standard would have the effect of physically precluding either or both units from being at least 800 square feet in floor area, such standard shall be waived but only to the extent necessary to allow construction of the affected uni t(s) of a size no greater than 800 square feet in floor area:

(a) Exceptions. No Urban Lot Split s hall be approved if any of the following apply:
(1) Prior Division. The lot subject to the proposed Ur ban Lot Split was established through prior exercise of an Urban Lot Split under the provisions of this Section or the provisions set forth in California Government Code Section 66411.7;
(2) Adjacent Division. Any adjacent lot to the proposed Urban Lot Split was previously subdivided under the pr ovisions of this Section or the provisions set forth in California Government Code Sections 66411.7 by the owner of the subject lot or any person acting in concert with the owner of the subject lot;
(3) Flag Lot. The lot created by an Urban Lot Split shall result in a flag lot; or
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(4) Adverse Impact. The Building Offici al makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. (b) Map Compliance. The Urban Lot Split shall conf orm to all applicable objective requirements of the Califor nia Subdivision Map Act and Title 9, Chapter 3-Subdivisions, of the Municipal Code, except as modified by this Article.
(c) Lot Area Minimum. The gross lot ar ea of each newly created lot shall be no smaller than 1,200 square feet.
(d) Two Lots Maximum. The Urban Lot Split may divide a lot of record to create no more than two new lots of approxim ately equal lot area, provided that one lot shall not be smaller than 40 percent of the lot area of the original lot. (e) Two Units Maximum. A maximum of two units will be allowed on each lot created pursuant to this Section or t he provisions set forth in California Government Code Section 66411.7, inclusive of ADUs and JADUs. (f) Lot Dimensions. An Urban Lot Split is not subject to minimum lot width requirements as set forth in this Title.
(g) Lot Lines. The resulting lots shall hav e lot lines of regular geometry which run generally parallel to each other. Ne w lot lines must be straight lines, unless there is a conflict with exis ting improvements or the natural environment.
(h) Required Yards. No setback shall be required for an existing structure, or a structure constructed in the same location and to the same dimensions as an existing structure.
(i) Grading. No person shall commence or perform any grading or relocation of earth, and no person shall import or export any earth materials to or from any grading site without first having obtained a grading permit. No person shall commence or perform any gradi ng or relocation of earth on land having a natural slope greater than twenty-five (25%) percent. (j) Hillside Development. Grading on pr operties within the Hillside Planned Development (H-P-D) H-P-D zone shall be subject to Sec. 9-4.3106(b)- Grading Control (H-P-D).
(k) Development within a Protected Ridge line Area. Urban lo t splits proposed on properties that are located within the Protected Ridgeline Overlay Zone, are subject to the following objective standards:
(1) No new structure or addition to an existing structure shall be placed or constructed, no grading shall occur and, except as to meet fire clearance requirements, no native vegetation shall be removed within three hundred (300') feet horizontally or one hundred (100') feet vertically of the crest of a protected ridgeline unless the construction Item No.7M

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of the minimum allowed two units of 800 square feet or less is precluded, in which case the development must be sited at the lowest possible elevation.
(2) All buildings shall be setback at least fifty (50') feet from the edge of the finished pad.
(l) Off-site Improvements. The City sha ll not impose regulati ons that require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an Urban Lot Split pursuant to this Article.
(m) Easements.
(1) The applicant shall provide easem ents for the provision of public services and facilities as required.
(2) Each easement must be shown on the tentative parcel map. (n) Vehicular Access. When an Urban Lot Split is recorded under the provisions of this Section, automobile parking is required, unless the property meets the exceptions listed in Section 9-4.3708(l)(5).
(1) Vehicular access to a public/private street or alley shall be provided by a driveway that complies with the minimum width, slope, materials, and other standards as required by t he latest Public Works street design standards and Ventura County Fire Department.
(2) Shared Access. Landlocked lots cr eated by an Urban Lot Split shall have an access easement over the ot her lot on the same map. The easement shall be wide enough to provide adequate vehicular access per (1), above, and must connect to the same curb cut and apron as the other lot on the same map.
(o) Development.
(1) Residential units developed on a lo t created pursuant to this Section shall be subject to the provisions of Sections 9-4.3707-Two-Unit Housing Development–Planni ng Permit and Application
Requirements and 9-4. 3708-Two-Unit Housing Development– Standards and Requirements.
(2) Owner Occupancy. An owner must occupy one lot as their primary residence for a minimum of three (3) years from the date of approval of the final map for the Urban Lot Sp lit. A dwelling unit must exist on the property at time of approval.
(p) Maintenance of Non-Conformities. T he City shall not require the correction of nonconforming zoning provisions as a condition of approval for the Urban Lot Split. However, the project ma y not exacerbate an existing non- conforming building or condition. U npermitted structures may be required to be permitted or removed as a part of the Urban Lot Split process. (q) Separate Conveyance Between Result ing Lots. Separate conveyance of the resulting lots is permitted. If dw ellings or other structures (such as garages) on different lots are adjacent or attached to each other, the Urban Lot Split boundary may s eparate them for convey ance purposes if the Item No.7M

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structures meet buildi ng code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record all documentation necessary to allocate rights and responsibility between the owners of the two lots.

Sec. 9-4.3707 Two-Unit Housing Development – Planning Permit and Application Requirements

An application for development of a Two-Unit Housing Development created pursuant to this Article will be reviewed ministerially, without discretionary review or a hearing, if it meets all the requirements set forth in this Section and those set forth under Government Code Sect ion 65852.21. If any portion of this Section conflicts with Government C ode Section 65852.21, then Government Code Section 65852.21 will govern.

Notwithstanding anything to the contra ry set forth in this code, the Community Development Director or design ee’s action to grant or deny a parcel map application for a Two-Unit Housing Development is final and not subject to appeal.

The Community Development Director is authorized to develop the forms and procedures for such applications pursuant to the following requirements:

(a) Application. Whenever a Two-Unit Housing Development is proposed as a project, an application shall be submi tted to the Community Development Department on a form provided by sa id department along with supporting information as required by said department. Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted. (b) Expiration of Approval. A Two-Un it Housing Development permit approved pursuant to this Section that allows construction which has not commenced or is not diligently pursued within thre e (3) years from the date of approval shall expire and become void, unless a time extension application is submitted by the property owner and approved by the Community Development Director or designee. A maximum extension of 12 months may be approved by the Community Development Director or designee. (c) Impact fees. Two-Unit Housing Devel opments shall be subject to paying all applicable development impact fees.
(d) Required Documentation: In addition to the materials determined necessary to complete a full review of the project by the Community Development Director or designee, the application must include the following:
(1) Indemnification. The individual property owner must agree, as part of the application, to hold the city harmless from all claims and damages related to the approval of a project under this Title and its subject Item No.7M

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matter and reimburse the City for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this Title.
(2) Legal Lot. The proposed development must be located on a legally created lot or a proposed Urban Lot Split.
(3) Homeowners’ Association Notification. If the lot is within the boundaries of an active homeowners’ association, the applicant must provide evidence that the homeowners’ association has been notified of the proposed project.
(4) Protected Tree Repo rt. If there are no prot ected trees within the vicinity of the project property a memorandum stating such shall be prepared by a landscape architect or certified arborist and provided at the time of submittal. If there ar e protected trees on or within the vicinity of the project property a site plan and memorandum prepared by a certified arborist must be provided at the time of submittal. (i) The site plan shall include the lo cation of all protected trees on or within 15 feet of t he property including t he common name, size, and an indication as to the protected tree(s) retention or removal, the location of all existing and proposed structures and/or other improvements, distances of st ructures/improvements to the protected zone of an y protected tree (a s defined by Sec. 9-

4.4202“Landmark Tree Preservation and Protection Definitions” and 9-4.4302 “Oak Tree Preser vation and Protection
Definitions”).
(ii) The memo must include a proj ect description, table of any trees proposed to be encroached upon or removed, as well as any measures recommended by the arbor ist for the preservation of as many trees as possible. If replacement trees are required for pursuant to Sec. 9-4.3708(h), a planting plan must also be included in the site plan.
(5) Biologist Statement of No Protected Habita t. A written statement affirming that there is no habitat fo r protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U. S.C. Sec. 1531 et seq.), the California Endangered Species Ac t [Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code], or the Native Plant Protection Act [Chapter 10 (c ommencing with Section 1900) of Division 2 of the Fish and Game Code] within the vicinity of the project property shall be prepared by a qualified biologist, or resource expert and provided at the time of submittal. If the presence of any species or habitat for protected species described above is detected on site, the property is not eligible for a Two-Unit Housing Development, pursuant to Sec. 9-4.3704(d)(10).

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(e) Affidavit of Compliance. An applicant for a Two-Unit Housing Development, as specified herein shall sign an affi davit in a form approved by the City Attorney to be recorded against the property prior to the issuance of a Final Building Inspection Approval, Tempor ary Certificate of Occupancy, or Certificate of Occupancy stating the following:
(1) That the property is eligible fo r the Two-Unit Housing Development pursuant to Sec. 9-4.3704-Eligibility.
(2) Unless the lot was formed by an Urban Lot Split, the individual property owner (or the beneficiary of a trust that is an individual property owner) of a lot with a propos ed project must occupy one of the dwellings on the lot as the ow ners’ principal residence and legal domicile for a minimum of three (3) years from the date of approval, if a dwelling unit exists on the lot, or from the date of issuance of a Final Building Inspection Approval, Temporary Certificate of Occupancy, or Certificate of Occupancy, if dwelling units are not habitable at the time of approval. This requirement sha ll not apply when the owner is a “community land trust” or a “qualif ied nonprofit corporation” as the same are defined in the Revenue and Taxation Code.
(3) That the primary uses shall be limited to residential uses. (4) That the rental of any unit created pursuant to Article 37 shall be for a minimum of thirty-one (31) days.
(5) That the restrictions shall be binding upon any successor in ownership of the property, and this Cov enant and Deed Restriction and the applicable provisions of the Thousand Oaks Municipal Code may be enforced by the City of Thousand Oaks.
(6) That, in the event that potentiall y important cultural resources are found in the course of geologic test ing or during construction, the event shall be immediately report ed to the Community Development Director, and work shall immedi ately cease until a qualified archaeologist can provide an evaluation of the nature and significance of the resources and until the Co mmunity Development Department can review this information.
(7) That, if human bone is discovered during geologic testing or during construction, the event shall be immediately reported to the Community Development Director, work shall immediately cease, and the procedures described in Secti on 7050.5 of the California Health and Safety Code shall be follow ed. Section 7050.5 requires notification of the coroner. If the coroner determines that the remains are those of a Native American, th e applicant shall notify the Native American Heritage Commission by telephone within 24 hours.

Following notification of the Native American Heritage Commission, the procedures described in Section 5097.94 and Section 5097.98 of the California Public Resources Code shall be followed.

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Sec. 9-4.3708 Two-Unit Housing Development - Standards and Requirements

Two-Unit Housing Devel opment projects shall c onform to all objective zoning, subdivision, and design standards applicable to the respective residential zoning district in which the project is located, except as expressly provided in this Article. In the event that any such standard conflicts with this Section, this Section shall apply.

(a) Exceptions.
(1) Denial. No two-unit housing dev elopment shall be approved if the Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d ) of Government Code Section 65589.5, upon public health and safety or the physical environment and for which there is no f easible method to satisf actorily mitigate or avoid the specific, adverse impact.
(2) Preclusion of Minimum Units.
(i) A Two-Unit Housing Developmen t created pursuant to this Article shall comply with the following standards and requirements so long as the application of such standards would not have the effect of physically precluding the construction of up to two units (each possessing no greater than 800 square feet of floor area) on a single lot.
(ii) If the application of an objecti ve standard would have the effect of physically precluding either or both units from being at least 800 square feet in floor area, such standard shall be waived only to the extent necessary to allow construction of the affected unit(s) of a size no greater than 800 square feet in floor area. (iii) If there is a question about the buildability of an 800 square foot unit in a location that meets objective standards, the applicant shall be required to provide evidence of such determination including obtaining concurrence from any other department, division, agency, or professional, as necessary.
(b) Maximum Number of Units.
(1) Lots Created by Urban Lot Split. A maximum of two (2) units will be allowed on each lot created by an Urban Lot Split or the provisions set forth in California Government Code Section 66411.7, inclusive of ADUs and JADUs.
(2) Lots Not Created by Urban Lot Split. No more than four units shall be allowed on a lot not subject to an Urban Lot Split, inclusive of ADUs and JADUs.

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(c) Unit Configuration. T he new units in a Two-Unit Housing Development may be permitted in the following configurations, not including the development of new or existing ADUs or JADUs:
(1) One (1) new unit incorporated ent irely within an existing residential unit.
(2) One (1) new unit incorporated enti rely within an existing accessory building, including garages.
(3) One (1) new unit attached to, and increasing the size of, an existing residential unit or an existing accessory building.
(4) One (1) new unit detached from and located on the same lot as an existing unit. A unit that is atta ched to another detached accessory building, but not another residential unit, is considered detached. (5) Two (2) newly constructed attac hed units (duplex) or two detached residential units on a vacant lot.
(d) Height.
(1) No structure containing a dwellin g unit may exceed 25 feet in height and be more than 1 story, except for those circumstances described in Sec. 9-4.3708(d)(2), below.
(2) The maximum height of a structure containing a dwelling unit may be increased by not more than ten (10') feet provided that the property has two (2) side yards of not less than fifteen (15') feet each and a rear yard of 20 feet. In no event shall such structures exceed three (3) stories or 35 feet.
(e) Required Yards.
(1) Existing Structures. No setbac k shall be required for an existing structure, or a structure construct ed in the same location and to the same dimensions as an existing structure.
(2) Side and Rear Yards. Except fo r those circumstances described in Section Sec. 9-4.3708(d)(2), above, t he setback for side and rear lot lines shall be four (4) feet.
(3) Front Yards.
(i) The front setback of a property t hat fronts on a street shall be as set forth by the base district, spec ific plan, or overlay district regulations. For landlocked lots, t he front yard setback shall be four (4) feet.
(ii) On lots fronting and gaining vehicular access from a public or private street, the single-family or duplex residential building entry must face the street or be oriented to within 45 degrees of parallel to the street. Where a site is located on two or more public streets, the residential building entry must be oriented toward the street with the shorter of the two street frontages.
(4) Sight Distance. Intersection sigh t distance shall be provided per the applicable City Road Standard Plate. Side and rear yard development, Item No.7M

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including fencing shall not exceed three and a half (3.5) feet within the sight distance triangle.
(f) Architectural Design.
(1) Architectural Design Review. A Two-Unit Housing Development is not subject to architectural design review as set forth in Article 18 of this Chapter.
(2) Storage Area. Privat e storage area for each dw elling unit must be provided with a minimum of one hundr ed sixty (160) cubic feet of enclosed storage area, which must be provided in garages, carports or patio areas and in which one dimension must be at least six feet (6'). Units or projects designed wit h individual garages for each unit are exempt from this requirement.
(3) Garage Conversions. In cases where a new Two-Unit Housing Development dwelling unit is creat ed through the conversion of an existing garage, the garage conversi on shall include one (1) of the following options:
(i) The garage door is left operationa l to provide access to a storage space that is separated from the new dwelling unit by an interior partition wall. The partition wall shall not be constructed in such a manner as to fully or partially prevent the operation of the garage door. The storage space shall not be accessible from the new dwelling unit.
(ii) The garage door is remo ved entirely and replaced with fenestration elements that match the form, exterior siding or finish and trim, and window placement/type of the existing dwelling unit.

At least twenty percent (20%) of the area of all stories of a street- facing façade must consist of windows, doors, or other openings. (4) Privacy Protection. No window or door of a dwelling unit that is constructed on the lot may have a dire ct line of sight to, or be within 10 feet of, an adjoining residential property without privacy glass screening which prevents a direct line of sight.
(g) Outdoor/Common Space. Each lot mu st contain usable, outdoor space of no less than fifteen percent (15%) of t he area of each lot and of a regular geometry (e.g., rectangular) intended for common use by all property occupants.
(h) Preservation of Protec ted Trees. No dwelling unit created pursuant to this Article shall be constructed, or require grading at the time of construction, within the protected zone (as defined by Sec. 9-4.4202 and 9-4.4302) of a protected tree unless the construction of the minimum allowed two units of 800 square feet or less is precluded, in which case the protected tree may be encroached upon or removed if replaced onsite per the recommendations of a City Arborist, on a 1:1 basis, with a thirty-six (36’) inch box Quercus agrifolia Live Oak or Quercus lobata Valley Oak. If the Item No.7M

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replacement tree(s) is unable to be successfully sited onsite, an in-lieu fee will be required per Resolution 2010-014.
(i) Lighting. Exterior lighting shall be designed and installed in such a manner that the direct light source is shielded from off-site view. (j) Vehicular Access.
(1) Each lot containing dwelling units created pursuant to this Article shall have existing access, provide new access, or adjoin the public/private residential street right-of-way vi a the existing or a consolidated vehicular connection.
(2) Vehicular access to a public street or alley or private residential street shall be provided by a driveway that complies with the minimum width, slope, materials, and other standards consistent with Public Works Department and Ventura County Fire Department standards. (3) No new access from an arterial street is permitted in connection with a dwelling unit created pursuant to this Article.
(4) In addition to the standards set fo rth in this Section, driveways and parking areas must comply with Sec. 9-4.2404 ”General installation requirements of parking areas”.
(k) Pedestrian Access. When the establis hed front yard of a lot abuts a public street or alley or pr ivate residential street, pedestrian access to a public/private street or alley shall be provided with an exterior pedestrian pathway from the primary entrances of each dwelli ng unit to the adjoining sidewalk, street, or alley. The pedes trian pathway shall be unobstructed, clear to the sky, and meet American with Disabilities Act (ADA) standards. (l) Parking.
(1) Off-Street Parking Required. A minimum of one enclosed parking space with an unencumbered interior wid th of nine (9') feet and an unencumbered interior depth of twent y (20') feet per unit shall be provided, unless the construction of such a structure precludes the construction of the minimum allow ed two units of 800 square feet or less, in which case the required parking may be unenclosed. The floor area of an enclosed parking structure (up to the minimum area required only) shall not count towa rds the total square footage of the proposed unit.
(2) Replacement Parking Required. When an existing garage, carport, or other covered parking structure is converted or demolished in order to construct a new unit, at least one replacement parking space, which shall be enclosed, must be provided for each unit on the property, unless the project is exempt from parking.
(3) Multi-Unit Parking. An enclosed parking structure may serve multiple units on the same lot. Tandem parking within an enclosed parking structure is allowed.
(4) Location. Required parking must be on the same lot as the residential unit served.

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(5) Exceptions. No parking requirements shall be imposed in either of the following circumstances:
(i) The property is located within one-half mile walking distance of either a high-quality transit corridor as defined by Public Resources Code Section 21155(b) or a major transit stop as defined in Public Resources Code Section 21064.3; or
(ii) There is a car share vehicle station located within one block of the property.
(m) Grading. No person shall commence or perform any grading or relocation of earth, and no person shall import or export any earth materials to or from any grading site without first having obtained a grading permit. No person shall commence or perform any gradi ng or relocation of earth on land having a natural slope greater than twenty-five (25%) percent. (n) Hillside Development. Grading on proper ties within the H-P-D zone shall be subject to Sec. 9-4.3106(b).
(o) Development within a Protected Ridge line Area. Urban lo t splits proposed on properties that are located within the Protected Ridgeline Overlay Zone, are subject to the following objective standards:
(1) No new structure or addition to an existing structure shall be placed or constructed, no grading shall occur and, except as to meet fire clearance requirements, no native vegetation shall be removed within three hundred (300') feet horizontally or one hundred (100') feet vertically of the crest of a protected ridgeline unless the construction of the minimum allowed two unit s of 800 square feet or less is precluded, in which case the development must be sited at the lowest possible elevation.
(2) No residential structure shall be higher than seventeen (17') feet measured from the finished grade at the center of the building wall to the highest roof elevation and any new dwelling unit, including any garage and accessory structures, s hall not exceed, in total, two thousand (2,000) square feet. For existing structures, no alteration or addition to that structure shall rais e the height or the elevation of the existing roof.
(3) All buildings shall be setback at least fifty (50') feet from the edge of the finished pad.
(p) Utilities.
(1) Each principal dwelling unit on t he resulting lots must have its own direct utility connection to all utility service providers. (2) Private underground utility services , including municipally supplied water, sewer, gas, electricity, cable TV and telephone, shall be available for extension to and connection with all units in a Two-Unit Housing Development. All dwelling units in a Two-Unit Housing Development must be able to connec t and shall connect to water, sewer, gas, or electricity services, as needed.

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(3) All existing and proposed utility distribution facilities (including electric, telecommunications and cable television lines) installed in and for the purpose of supplying service to any dwelling unit(s) proposed as part of a Two-Unit Housing Developm ent project shall be installed underground.
(q) Onsite Wastewater Treatment. For projects utilizing an existing or proposed new onsite wastewater treatment syst em, adequate septic f easibility must be demonstrated to the satisfaction of, and permitted by, the California State Water Resources Control Board. Proper ties to be connected to an onsite wastewater treatment system shall submit an application for a new onsite wastewater treatment syst em concurrently with t he application for a Two- Unit Housing Development. Construc tion of all wastewater treatment systems shall be permitted by the City and comply with the current plumbing and building code standards.
(r) Connected Structures. The City sha ll not reject an application solely because it proposes an adjacent or connec ted structure provided that the structure meets building code safety standards and is sufficient to allow a separate conveyance as required by all state and local laws. (s) All Other Development. Except as m odified by this Article, all other non- residential development on a lot creat ed through the approval of an Urban Lot Split or which contains a Two- Unit Housing Development shall be subject to those regulations required by the base zoning district or overlay district.

Part 6
(Uncodified)
Severability

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

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Part 7
(Uncodified)
Effective Date

This Ordinance shall take effect on the th irty-first (31st) day following its final passage and adoption.

PASSED AND ADOPTED THIS 25
th DAY OF October, 2022, by the
following vote:

Ayes:

Noes:

Absent:

_________ _______________________
B o b E n g l e r , M a y o r
City of Thousand Oaks, California

ATTEST/CERTIFY:

_____________________________
Cynthia M. Rodriguez, City Clerk

Date Attested: _________________

APPROVED AS TO FORM:

Office of the City Attorney

_____________________________
Noel Doran, Assistant City Attorney

APPROVED AS TO ADMINISTRATION:

______________________________
Andrew P. Powers, City Manager

Introduced: October 11, 2022
Published: October 18, 2022
Ordinance No.: XXXX-NS
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.

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ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF THOUSAND O AKS REPEALING IN ITS
ENTIRETY CHAPTER 2, ARTICLE 11 OF TITLE 10
AND ADDING CHAPTER 2, ARTICLE 11 OF TITLE 10

ADOPTING REGULATIONS FOR WATER

CONSERVATION

WHEREAS, a reliable minimum supply of potable water is essential to the public health, safety, and welfare of the people and economy of the Southern California region; and

WHEREAS, Southern California is a semi-arid region and is largely dependent upon imported water supplies a nd climate change will make droughts more frequent and severe; and

WHEREAS, careful wate r management that in cludes active water conservation measures in times of dr ought is essential to ensure a reliable minimum supply of water to meet current and future water supply needs; and

WHEREAS, Article X, Section 2 of t he California Constitution declares that the general welfare re quires that water resources be put to beneficial use, waste or unreasonable use or unreasonable method of use of water be prevented, and conservation of water be fully exercise d with a view to the reasonable and beneficial use thereof; and

WHEREAS, California Water Code sect ion 375 authorizes water suppliers to adopt and enforce a comprehensive water conservation program to reduce water consumption and conserve supplies; and

WHEREAS, adoption and enforcement of a water conservation and supply shortage program is necess ary to manage the City's potable water supply in the short and long-term and to avoid or minimi ze the effects of drought and shortage within the City. Such programs are essenti al to ensure a reliab le and sustainable minimum supply of water for the public health, safety and welfare .

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

PART 1

Title 10, Chapter 2, Article 11 of the Thousand Oaks Municipal Code entitled "Water Conservation" is repealed in its entirety.

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PART 2

Title 10, Chapter 2, Article 11 of the Thousand Oaks Municipal Code entitled "Water Conservation" is hereby added and reads in its entirety as follows:

ARTICLE 11. WATER CONSERVATION

Sec. 10-2.1101. Established Conservation Measures and Definitions.

Mandatory water conservation measures are hereby established as set forth in this article and correspond to the six levels mandated by state law. Each level is based on available and forecast water supplies or emergency interruptions of service.

The following definitions apply to this Article.

Chemical or liquid pool cover
An alcohol-based chemical product design ed to float on top of pool water and act as an evaporation suppressant.

CII
Commercial, Industrial, Institutional

Climate-appropriate plants
Climate-appropriate plants are native plants and others that have evolved to follow the typical seasonal rain pattern of this region, requiring little water in summer and relying on natural rainfall the rest of the year.

Drip irrigation
The application of irrigation water at low pressure through a system of tubing or lateral lines fitted with perforations or low-volume emitters that apply small volumes of water slowly at or near the root zone of plants.

Functional turf
Turf regularly used for recreational purposes, civic or community events

HOA
Homeowner Association, the body that makes and enforces rules for a subdivision, planned community, or condominium building and whose members are residents.

Irrigation zone or station
An irrigation zone is the landscaped area that is connected to the same irrigation valve. All landscape within a single zone will be on the same watering schedule (day, time, and duration).

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Low-volume or Low-flow irrigation
An emission device intended to discharge water in the form of drops or continuous flow at rates less than 30 gallons per hour at the largest area of coverage available for the nozzle series when operated at 30 psi, except during flushing. Also known as micro-emission device.

Low-volume or drip emitter
A micro-irrigation emission device with a flow rate less than or equal to 6.3 gallons per hour when operated at 30 psi, designed to dissipate pressure, and discharge a small uniform flow or trickle of water at a constant discharge rate.

Microspray
Microspray is a micro-irrigation emission device with one or more orifices to convert irrigation water pressure to water discharge with a flow rate not to exceed 30 gallons per hour at the largest area of coverage available for the nozzle series when operated at 30 psi. Microspray devices include microbubblers, microspinners and microspray jets.

Non-functional turf
Turf that is ornamental and not regularly used for recreational purposes, civic or community events.

Rotating or rotator sprinkler nozzles
A sprinkler head that applies water in a pattern by means of one or more rotating streams to a defined landscape area in full or partial circles.

Spray sprinkler or spray nozzle
A sprinkler using a spray or pop-up head that continuously applies water in a pattern to a defined landscape area through overhead delivery.

Sprinkler
An emission device consisting of a sprinkler body with one or more orifices to convert irrigation water pressure to high velocity water discharge through the air, discharging a minimum of 0.5 gallons per minute at the largest area of coverage available for the nozzle series when operated at 30 psi or more with a full circle pattern.

Turf or Lawn
A ground cover surface of mowed grass

Sec. 10-2.1102. Application.

(a) To the extent authorized by law, this article shall apply to all customers and property within the City and the City's water service area, with no distinction as to whether service is provided by the City or a private water purveyor of potable water that operates water service systems within the City .

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(b) The provisions of this ar ticle do not apply to uses of water necessary to protect public health and safety or for essential health care or government services such as police, fire, and other similar emergency services .

Sec. 10-2.1103. General Prohibition: Enforcement, Penalties.

(a) No customer of the City water syste m or of a water purveyor serving customers within the City shall make, cause, use, or permit the use of potable water in a manner contrary to any provision of this article. Any violation of the use restrictions set forth in th is article shall be enforced by the water purveyor serving that customer but upon failure of the water purveyor to act, shall be enforced by City. Each customer shall be guilty of a separate offense for each day during which such unauthorized use occurred.

(b) Any violation of the water use restrictions set forth in this article shall be subject to prosecutio n and fines and penalties as set fo rth in Title 1, Chapter 2, Articles 1 and 2 of this code. Furthermore, any violation of the water use restrictions set forth in this article is a public nuisance under TOMC Section 1-6.01 et seq.

(c) Water Flow Restrictors: In additi on to any fines or penalties, and notwithstanding fire suppression system considerations, the City or water purveyor may install a water flow restrictor device for repeated violations of mandatory water use restrictions set forth in this article.
(a) Disconnecting Service: In addition to any fines and the installation of a water flow restrictor, the City or water pur veyor may disconnect a customer's water service for continued willful violations of mandatory water use restrictions set forth in this article.

(b) Cost of Flow Restrictor an d Disconnecting Service: A person or entity that violates this ordinance is responsible for payment of charges for installing and/or removing any flow restrict ing device and for disconnec ting and/or reconnecting service per the City's or water purveyor's schedule of charges then in effect. All charges must be paid before the flow rest ricting device is removed or the water service is reconnected . Nonpayment will be subject to the same remedies as nonpayment of basic water rates.

Sec. 10-2.1104. Permanent and Level 1 Water Conservation Requirements

Permanent measures: The following water conservation requirements are in effect at all times and are permanent. Violations of this section shall be considered waste and an unreasonable use of water.

a) Limits on Watering Hours: Watering or irrigating landscape and vegetated areas with potable water is prohibited between the hours of 8:00 a.m. and Item No.7N

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6:00 p.m. on any day, except by us e of a hand-held bucket or similar container, or by use of a hand-held hose equipp ed with a positive self- closing water shut-off nozzle or device, or for short periods for the express purpose of adjusting or repairi ng an irrigation system, or for turf refurbishment on a public playing field.

b) Limits on Watering Duration: Wa tering or irrigating landscape and vegetated areas with potable water using a sprinkler system that includes spray heads and/or bubblers or a watering device that is not continuously attended is limited to no more than 10 minutes of watering per day per station or irrigation zone. Drip irri gation systems (including subsurface) and water efficient devices such as rotator stream nozzles are permitted to operate for a longer period such that an equivalent volume of water is dispensed. In the absenc e of manufacturer specifications, rotator stream nozzles are permitted to run for 20 minutes and drip systems for up to 60 minutes provided that there is no water runoff.

c) No Excessive Water Runo ff: Runoff, overspray, or excessive water flow from a property from potable water use or from irrigation of any landscape or vegetated areas onto an adjoining property, sidewalk, driveway, street, alley, gutter or ditch is prohibited.

d) Irrigation during and within the 48 ho urs following rainfall measuring 0 .25 inches or more is prohibited. Rain fall data from the closest rain gauge operated by the Ventura County Wa tershed Protection District shall be used for this determination.

e) No Washing Down Hard or Paved Surfaces: Washing down hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, artificial turf, patios, or alleys, is prohibited except when necessary fo r safety or sanitary pur poses, and then only by use of a hand-held bucket or simila r container or a hand-held hose equipped with a positive self-closing water shut-off device or a low-volume, high-pressure cleaning machine equipped to recycle any water used or a low-volume high-pressure water broom. The discharge of pollutants to the storm drain system is prohibited pursuant to Section 7-8.201 of this code.

f) Laundry Systems: New industrial la undry systems must recirculate the water used in their operations.

g) Commercial Car Wash S ystems: All commercial car wash systems must have installed and utilize operational recirculating water systems unless otherwise exempt under state law and holding a current waiver of this requirement from the City.

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h) Drinking Water: Eating or drinking establishments, including but not limited to a restaurant, hotel, cafe, cafeteria, bar, or other public places where food or drinks are sold, served, or offered for sale, shall only provide drinking water to any person upon request.

i) Commercial Lodging Establishments Must Provide Guests Option to Decline Daily Linen Services: Hotels, motels, and other commercial lodging establishments must provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments must prominently display notice of this option in eac h bathroom using clear and easily understood language .

j) Single-Pass Cooling Systems: Installation of single-pass cooling systems is prohibited in buildings where new water service is requested .

k) Dish Wash Spray Valves: Food pre paration establishments such as restaurants must use water conserving dish wash spray valves .

l) Non-functional turf: Ir rigation of non-functional gr ass on CII properties is prohibited. Designation of turf as functional on CII properties in order to irrigate requires application and appr oval of a waiver by t he water purveyor. Areas designated as turf on CII landscape plans filed with the City may be replaced with alternative climate-appr opriate landscaping including mulch, or other permeable ground cover.

m) HOAs shall not enforce architectural or landscaping guidelines or policies that prohibit the use of low water-using plants as a replacement of existing turf, or that prohibit, or have the effect of prohibiting, compliance with the City’s water- efficient landscaping requirements. HOAs shall not issue a fine or assessment on a homeowner for reducing or eliminat ing the watering of vegetation or lawns during a state or lo cally-declared drought, and shall not fine or require a homeowner to reverse or remove wa ter-efficient landscaping measures upon the conclusion of a water shortage declaration.

Level 1 measures: The following water conservation requirements are in effect at all times in the absence of a declared Water Supply Shortage at Level 2 or higher.

(a) Limits on Watering Days : Watering or irrigating landscape and vegetated areas with potable water is limited to three days per week. These days may be designated by City Council through Resolution.

(b) Obligation to Fix Leaks, Breaks, or Malfunctions : Excessive use, loss, or release of water through breaks, leaks, or other malfunctions in the water user's plumbing, irrigation, or distribution system for any period after such release of water Item No.7N

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should have reasonably been discovered and corrected and, in no event more than seven (7) days of receiving notice from the City, is prohibited.

(c) Recirculating Water Re quired for Water Fountai ns and Running-water Features: Operating a water fountain or other running-water feature that does not recirculate water is prohibited.

(d) Limits on Washing Vehicles: Using potable water to wash or clean a vehicle, including but not limited to any automobile, truck, van , bus, motorcycle, boat, or trailer, whether motorized or not, is prohibited, except by use of a hand-held bucket or similar container or a hand-held hose equipped with a positive self-closing water shut-off nozzle or device. Th is subsection does not appl y to any commercial car washing facility.

Sec. 10-2.1105. Level 2 Water Supply Shortage Conservation Requirements.

(a) A Level 2 Water Supply Shortage shall exist when the City Council declares that due to drought or othe r water supply conditions, a water supply shortage or threatened shortage exists which necessi tates a consumer demand reduction between 11 and 20 percent. Upon the declaration by the City Council of a Level 2 Supply Shortage, the City will implement the mandatory cons ervation measures identified in this section.

(b) In addition to the perm anent conservation requirements identified in Sec. 10-2.1104, the following water conservation requirements shall apply during a declared Level 2 Water Supply Shortage:

(1) Limits on Watering Days : Watering or irri gating landscape and vegetated areas wi th potable water is limited to th ree days per week from April 1 through October 31 and two days per week from No vember 1 through March 31, which day(s) may be designated by City Council through Resolution, with the following exceptions:

(i) Short periods of time for the expre ss purpose of adjust ing or repairing an irrigation system;
(ii) Irrigation of playing fields for field refurbishmen t only when necessary for public health and safety;
(iii) Use of water in a community gar den providing garden plots to the public, or to home fruit and vegetable gardens less than 300 square feet; (iv) Irrigation of newly installed or signif icantly rehabilitated landscape for the first 60 days after t he first planting. Turf, fl owers, and annuals do not qualify as landscape for the purposes of this section;
(v) Use of reasonable amoun ts of water by co mmercial nurseries and commercial growers to sustain plants , trees, shrubs and other vegetation Item No.7N

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intended for commercial sale.
(vi) Irrigation of habitat restoration sites as required to meet permit conditions of regulatory agencies;
(2) Obligation to Fix Leaks, Breaks, or Malfunctions: Excessive use, loss, or release of water through brea ks, leaks, or other malfunct ions in the water user's plumbing, irrigation, or distribution system for any period of time after such release of water should have reasonably been disco vered and corrected and, in no event more than 72 hours of receiving notice from the City, is prohibited

(3) Recirculating Water Required for Water Fountains and Running-water Features: Operating a water fountain or othe r running-water feature that does not recirculate water is prohibited.

(4) Limits on Washing Vehicles: Using potable water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat, or trailer, whether motorized or not, is prohibited, except by use of a hand-held bucket or similar container or a hand-held hose equipped with a positive self-closing water shut-off nozzle or device. This subsec tion does not apply to any commercial car washing facility.

Sec. 10-2.1106. Level 3 Water Supply Shortage. Water Conservation Measures.

(a) A Level 3 Water Supply Shortage shall exist when the City Council determines that due to drought or other water supply conditions, a water supply shortage or threatened shor tage exists which necessi tates a consumer demand reduction between 21 and 30 percent. Upon the declaration by the City Council of a Level 3 Water Supply Shortage condition, the City will implement mandatory Level 3 conservation measures identified in this section.

(b) Level 3 Conservation Measures: In add ition to the permanent conservation requirements identified in Sec. 10-2.1104 , the following water conservation requirements shall apply during a declared Level 3 Water Supply Shortage:

1) Limits on Watering Days: Watering or irrigating landscape and vegetated areas with potable water is limited to two days per we ek from April 1 through October 31 and one day per week from November 1 through March 31, which day(s) may be designated by City Council through Re solution, with the following exceptions:

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(iv) Irrigation of newly installed or si gnificantly rehabilitated landscape for the first 60 days after the first planting. Turf, flowers, and annuals do not qualify as landscape for the purposes of this section;
(v) Use of reasonable amou nts of water by comme rcial nurseries and commercial growers to sustain plants, trees, shrubs and other vegetation intended for commercial sale.
(vi) Irrigation of habitat restoration sites as required to meet permit conditions of regulatory agencies;
(vii) Hand-watering of trees and shrubs using a hand-held bucket or similar container, or hand-held hose equipped with a positive se lf-closing water shut-off nozzle or device, as necessary and sufficient to keep them alive;

Extra irrigation day for specific uses: The following specific uses are permitted one additional day of watering per week:

(viii) Irrigation as necessary to sustain existing ground cover or other non-turf vegetation planted and essential to maintain slope stability on slopes of at least six (6) feet in height and exceeding 20 percent grade or City Engineer’s and water purveyor’s approval;
(ix) Irrigation of active play ing fields, active recreation areas in public parks, licensed daycare centers and schools, golf course greens and fairways; (x) Irrigation of fuel modification zones as necessary to sustain vegetation required as part of original development conditions by the City; (xi) Irrigation of landscaping installed to mitigate the effects of stormwater pollution as required to meet permit conditions.

2) Obligation to Fix Leaks, Breaks, or Malfunctions : Excessive use, loss, or release of water through breaks, leaks, or other malfunctions in the water user's plumbing, irrigation, or distribution system for any period of time after such release of water should have reasonably been disc overed and corrected and, in no event more than 48 hours of receiving notice from the City, is prohibited

3) No potable water use in Ornamental Lakes, Ponds, or Running-water Features: Running-water features using potable water must be turned off. Topping up, filling or re-filling of ornamental water features with potable water is prohibited, except to the extent needed to sus tain aquatic life, provided that such animals are of signifi cant value and have been ac tively managed within the water feature prior to the declaration of a Water Supply Shortage under this article. During the declared shortage, additional aquatic animals may not be added to the water feature.

4) Limits on Washing Vehicles : Using potable water to wash or clean a vehicle, including but not limited to any automobile, tr uck, van, bus, motorcycle, or trailer, whether motorized or not, is prohibited for home, mobile, and community events.

Only commercial car washes recycling their wash water and those with a Item No.7N

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Commercial Car Wash waiver issued by the City within the previous five years may operate. An exceptio n is allowed for rinsing watercraft after use in the ocean and for incidental cleaning necessary for repair or detailing work. 5) Swimming Pools and Spas : Outdoor swimming poo ls and spas shall be covered when not in use to preven t water waste through evaporation. HOAs, gyms and other businesses and institutio ns must cover their pools and spas when the pool/spa is closed. Chemical or liquid pool “covers” are acceptable if documented and applied regularly per manufacturer instructions. Draining and refilling pools and spas is prohibited except upon wa ter purveyor approval for leak repair.

6) Water Misters: Use of water misters is prohibited.

Sec. 10-2.1107. Level 4 Water Supply Shortage. Water Conservation Measures.

(a) A Level 4 Water Supply Sh ortage shall exist when City Council determines that due to drought or other water supply conditions, a water su pply shortage or threatened shortage exists which nece ssitates a consumer demand reduction between 31 and 40 percent. Upon the declaration by City Council of a Level 4 Water Supply Shortage condition, the City will implement mandatory Level 4 conservation measures identified in this section.

(b) Level 4 Conservation Measures: In ad dition to the permanent conservation requirements identified in Sec. 10-2.1104 , the following water conservation requirements shall apply during a declared Level 4 Water Supply Shortage:

1) Limits on Watering Days: Watering or irrigating landscape and vegetated areas with potable water is limited to one day per week, which day may be designated by City Coun cil through resolution , with the following exceptions:

(i) Use of water in a community garden providing garden plots to the public, or to home fruit and vegetable gardens less than 300 square feet; (ii) Use of reasonable amou nts of water by comme rcial nurseries and commercial growers to sustain plants, trees, shrubs and other vegetation intended for commercial sale;
(iii) Hand-watering of trees and shrubs using a hand-held bucket or similar container, or hand-held hose equipped with a positive se lf-closing water shut-off nozzle or device, as necessary and sufficient to keep them alive.

Extra irrigation day for specific uses: The following specific uses are permitted one additional day of watering per week:

(iv) Irrigation as necessary to sustain existing ground cover or other non-turf vegetation planted and essential to maintain slope stability on slopes of at Item No.7N

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least six (6) feet in height and exc eeding 20 percent grade or by City Engineer’s and water purveyor’s approval;

(v) Irrigation of active playing fields, acti ve recreation areas in public parks, licensed daycare centers and schools, golf course greens and fairways; (vi) Irrigation of fuel modi fication zones as necess ary to sustain vegetation required as part of original development conditions by the City; (vii) Irrigation of landscaping installed to mitigate the effects of stormwater pollution as required to meet permit conditions.

2) Irrigation system: The use of spray sprinklers for irrigating landscape and vegetated areas is prohibited. Only drip irrigation systems may be employed with the following exceptions:

(i) Bubblers may be used to irrigate trees and shrubs provided that there is no runoff;
(ii) Irrigation of active playing fields, active recreation areas in public parks, licensed daycare centers and schools, golf course greens and fairways;
(iii) Irrigation of existing ground cover or other non-turf vegetation in steep or inaccessible areas where installation of a drip irrigation system is impractical due to accessi bility, steepness or density of existing vegetation;
(iv) Irrigation of existing non-turf, c limate-appropriate ground cover where drip irrigation is unsuitable due to the density of existing vegetative cover provided that water efficient heads such as rotator stream nozzles are used;
(v) Irrigation of trees within existing CII turf areas where an existing sprinkler system is in place, sp ray heads serving turf are capped, and those spray heads irrigating trees are replaced with water efficient heads such as rotator stream nozzles;
(vi) Irrigation of CII non-turf landscaping where drip irrigation presents an unreasonable maintenance c hallenge due to excessive vandalism, destruction by wildlife, or breakage as a result of pedestrian or vehicular traffic.

3)
Obligation to Fix Leaks, Breaks, or Malfunctions: Excessive use, loss, or release of water through breaks, leaks, or other malfunctions in the water user's plumbing, irrigation, or distribut ion system for any period of time after such release of water should have reasonably been discovered and corrected and, in no event more than 48 hours of receiving notice from the City, is prohibited

4) No potable water use in Ornamental Lakes, Ponds, or Running-water Features: Running-water features using potable water must be turned off.

Item No.7N

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Topping up, filling or re-filling of ornamental water fea tures with potable water is prohibited, except to the extent needed to sustain aquatic life, provided that such animals are of significant value and have been actively managed within the water feature prio r to the declaration of a Water Supply Shortage under this articl e. During the declared shortage, additional aquatic animals may not be added to the water feature.

5) Limits on Washing Vehicles: Using potable water to wash or clean a vehicle, including but not limited to any automob ile, truck, van, bus, motorcycle, or trailer, whether motorized or not, is prohibited for home, mobile, and community events . Only commercial car wa shes recycling their wash water may operate. An exception is allowed for inci dental cleaning necessary for vehicle sale, repair or detailing work.

6) Swimming Pools and Spas : Outdoor swimming pools and spas shall be covered when not in use to prevent water waste through evaporation.

HOAs and CII entities must cover their pools and spas when the pool/spa is closed. Chemical pool “covers” are acceptable if documented and applied regularly per manufacturer instructions. Topping up with more than one and a half inches of potable wate r per week is prohibited. Draining and refilling pools and spas is proh ibited except upon water purveyor approval for leak repair.

7) Dust suppression: Dust suppression fo r fugitive dust that is subject to Ventura County Air Pollut ion Control District Ru le 55 shall not employ potable water during the drought except via an approved waiver.

8) Water Misters: Use of water misters is prohibited.

9) Showering at gyms and athletic facilities: Showers shall be closed with a physical barrier and sign informing members that showering is prohibited unless the facility provides proof to the City that all showers are fitted with showerheads that do not exceed a flow rate of 1.8 gpm at 80 psi. Acceptable proof includes:
(i) Invoices or receipts from a licensed plumber or contractor documenting the installation of devices that meet the standard;
(ii) Inspection by city staff (fees may apply);
(iii) Permit data showing the facility wa s constructed or remodeled to the standards set forth in the 2019 Ti tle 24, Part 11, California Green Building Standards Code.

(c) A stay on code enforcement actions against brown or dead lawns will be in effect for the duration of the Level 4 Water Supply Shortage, not exempting the requirements for the removal of vegetation presenting a fire hazard and weed removal.

Item No.7N

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(d) Re-landscaping of dead or brown lawns including those in HOA properties, and landscaping required under dev elopment permit conditions but delayed as a result of the drought, shall be granted a grace period of six months after the Level 4 Water Supply Shortage is declared over to install landscaping.

Sec. 10-2.1108. Level 5 Water Supply Shortage. Water Conservation Measures.

(a) A Level 5 Water Supply Sh ortage shall exist when City Council determines that due to drought or other water supply conditions, a water su pply shortage or threatened shortage exists which nece ssitates a consumer demand reduction between 41 and 50 percent. Upon the declara tion by the City Council of a Level 5 Water Supply Shortage condition, the City will implement mandatory Level 5 conservation measures identified in this section.
(b) Level 5 Conservation Measur es: In addition to t he permanent conservation requirements identified in Sec. 10-2.1104 , the following water conservation requirements apply during a declared Level 5 Water Supply Shortage:
(1) Limits on Watering Days : Outside watering with potable water is prohibited, with the following exceptions:
(i) Drip irrigation systems, bubblers and rotator stream nozzles may be employed on one day per week on resi dential properties and up to two days per week on CII properties, which day(s) may be designated by City Council through Resolution, to water trees only as necessary and sufficient to keep them alive.
(ii) Hand-watering of trees using a hand-held bucket or similar container, or hand- held hose equipped with a positive self-closing water shut-off nozzle or device, only as necessary and sufficient to keep them alive.
(iii) Irrigation of active playing fields, acti ve recreation areas in public parks, licensed daycare centers and schools, golf course greens and fairways may occur on up to two days per week, which days may be designated by City Council through Resolution, as nece ssary to preserve their ability to function for public use.
(iv) Use of reasonable amounts of water by commercial nurseries and commercial growers to sustain plants, trees, shr ubs and other vegetation intended for commercial sale.
(v) Irrigation using drip irrigation systems, bubblers and rotator stream nozzles one day per week, which da y may be designated by City Council through Resolution, to su stain existing ground cover or other non-turf vegetation planted and essential to maintain slope stability on slopes of at least six (6) feet in height and exc eeding 20 percent grade or by City Engineer’s and water purveyor’s approval;
(vi) Irrigation of fuel modification zones using drip irrigation systems, bubblers Item No.7N

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and rotator stream nozzles one day per week, which day may be designated by City Council through Resolution, to sustain vegetation required as part of original development conditions by the City; (2) Turf/Lawn: Irrigation of turf, except for active public recreation areas as listed in exceptions above, is prohibited. Waiver s previously granted for irrigation of functional turf on CII properties may be rescinded by the Public Works Director. (3) Irrigation system: The use of spray sprinklers is prohibited. (4) Obligation to Fix Leaks, Breaks, or Malfunctions : Excessive use, loss, or release of water through breaks, leaks, or other malfunctions in the water user's plumbing, irrigation, or distribution system for any period of time after such release of water should have reasonably been discovered and corrected and, in no event more than 24 hours of receiving notice from the City, is prohibited. (5) No potable water use in Ornament al Lakes, Ponds, or Running-water Features: Running-water features using potable water must be turned off.

Topping up, filling or re-fillin g of ornamental water featur es with potable water is prohibited, except to the extent needed to sustain aquatic life, provided that such animals are of significant value and have been actively managed within the water feature prior to the declaration of a Wa ter Supply Shortage under this article.

During the declared shortage, additional aquatic animals may not be added to the water feature.
(6) Limits on Washing Vehicles : Using potable water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, or trailer, whether motorized or not, is prohibited for home, mobile, and community events. Only commercial car washes recycling their wash water may operate.

An exception is allowed for incidental cleaning necessary for vehicle sale, repair or detailing work.
(7) Swimming Pools and Spas : Outdoor swimming pools and spas shall be covered when not in use to preven t water waste thro ugh evaporation. HOAs and CII entities must cover their pools and spas when the pool/spa is closed.

Chemical pool “covers” are acceptable if documented and applied regularly per manufacturer instructions. Toppin g up with more than one and a half inches of potable water per week is prohibited. Draining and refilling pools and spas is prohibited except upon water purveyor approval for leak repair. (8) Dust suppression: Dust suppression for fugitive dust that is subject to Ventura County Air Pollution Control District Rule 55 shall not employ potable water during the drought except via an approved waiver.
(9) Water Misters: Use of water misters is prohibited.
(10) Showering at gyms and athletic facilities: Showers shall be closed with a physical barrier and sign informing me mbers that showering is prohibited unless the facility provides proof to t he City that all showers are fitted with showerheads that do not exceed a flow rate of 1 .8 gpm at 80 psi. Acceptable proof includes:

Item No.7N

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(i) Invoices or receipts from a licensed plumber or contractor documenting the installation of devices that meet the standard;
(ii) Inspection by city staff (fees may apply);
(iii) Permit data showing the facility wa s constructed or remodeled to the standards set forth in the 2019 Ti tle 24, Part 11, California Green Building Standards Code.

(c) A stay on code enforcement actions against brown or dead lawns will be in effect for the duration of the Level 5 Water Supply Shortage, not exempting the requirements for the removal of vegetation presenting a fire hazard and weed removal.

(d) Re-landscaping of dead or brown lawns in cluding those in HOA properties, and landscaping required under dev elopment permit conditions but delayed as a result of the drought, shall be granted a grace period of six months after the Level 5 Water Supply Shortage is declared over to install landscaping.

Sec. 10-2.1109. Leve l 6 Water Supply Shortage. Water Conservation Measures.

(a) A Level 6 Water Supply Sh ortage condition is also referred to as an "Emergency" condition . A Level 6 condition shall exist when the City Council declares a critical water shortage em ergency and notifies its residents and businesses that a 50 percent or great er reduction in consumer demand is necessary. Upon the declarati on by the City Council of a Level 6 Water Supply Shortage condition, the City will im plement mandatory Level 6 conservation measures identified in this section.

(b) Level 6 Conservation Measures: In addi tion to the permanent conservation requirements identified in Sec. 10-2.1104 , the following water conservation requirements shall apply during a declared Level 6 Water Supply Shortage:

(1) Limits on Watering Days. Outside watering with potable water is prohibited.

(2) Obligation to Fix Leaks, Breaks, or Malfunctions : Excessive use, loss, or release of water through breaks, leaks, or other malfunctions in the water user's plumbing, irrigation, or distribution system for any period of time after such release of water should have reasonably been discovered and corrected and, in no event more than 24 hours of receiving notice from the City, is prohibited (3) No potable water use in Ornamental Lakes, Ponds, or Running-water Features: Running-water features using potable water must be turned off.

Topping up, filling or re-fillin g of ornamental water featur es with potable water is prohibited.
(4) Limits on Washing Vehicles: All vehicle washing is prohibited.

Item No.7N

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(5) Swimming Pools and Spas: No pool permits will be issued, and filling of pools, ponds, or water features is prohibited.
(6) Dust suppression: Dust suppression for fugitive dus t that is subject to Ventura County Air Pollution Control District Rule 55 shall not employ potable water during the drought.
(7) Water Misters: Use of water misters is prohibited.

(8) Showering at gyms and athletic facilities : Showers at gyms and athletic facilities shall be clos ed with a barricade and sign informing members that showering is prohibited.

(9) No New Potable Water Service: Except for the resetting or turn-on of meters to provide continuation of water servic e or the restoration of service that has been interrupted for one year or less, no new potable water service will be provided, no new temporary meters or permanent meters will be provided, and no statements of immediate ability to serve or provide potable water service (such as will-serve letters, certificates, or letters of av ailability) will be issued, except under the following circumstances:

• The project is necessary to protec t the public health, safety, and welfare; or
• The applicant provides substanti al evidence of an enforceable commitment that future water demands for the project will be offset (i.e., net zero water use).

(10) Construction meters . The Public Works Director may recall previously issued temporary construction meters.

(c) A stay on code enforcement actions against brown or dead lawns will be in effect for the duration of the Level 6 Water Supply Shortage, not exempting the requirements for the removal of vegetation presenting a fire hazard and weed removal.

(d) Re-landscaping of dead or br own lawns including those in HOA properties, and landscaping required under development permit conditions but delayed as a result of the drought, shall be granted a grace period of six months after the Level 6 Water Supply Shortage is declared over to install landscaping.

Sec. 10-2.1110. Procedur es for Determination: No tification of Water Supply Shortage.

Declaration and Notification of Water Supp ly Shortage: The existence of Level 2, Level 3, Level 4, Level 5, or Level 6 Water Supply Shortage conditions shall be declared by resolution of the City Council adopted at a regular or special public meeting held in accordance with State law.

Item No.7N

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Sec. 10-2.1111. Waiver.

(a) Undue and Disproport ionate Hardship: If , due to unique circumstances, a specific requirement of this chapter would result in undue hardship to a person or business using water or to the propert y upon which water is used that is disproportionate to the impacts to water us ers generally or to similar property or classes of water users, then the person or business may apply for a waiver to the requirements as provided in this section.
(b) Unique Circumstances: If, due to unique circumstances, specific requirement(s) of this chapter would pr esent an impracti cal barrier to the customer’s operations, but that customer is still able to meet the water conservation goals of the declared water supply shor tage through an alternative conservation plan, then the entity may apply for a waiver to the requirements as provided in this section and submit an alternative plan to achieve the required conservation. (c) Disability: If, due to physical limitations , impairment or disability, residents may apply for a waiver to substitute the hand- watering allowances herein with automated watering.
(d) Written Finding: The waiver may be gran ted or conditionally granted only upon a written finding of the existence of facts supporting the undue hardship, unique circumstances or disability limitation as presented through the following:

(1) Application: Application for a waiver must be on a form prescribed by the City and accompanied by a processing fee in an amount set by City Council resolution.

(2) Supporting Documentation : The application shoul d include photographs, maps, drawings, and all other relevant information, including a written statement of the applicant.

(3) Required Findings for Waiver: An appli cation for a waiver will be denied unless the City finds, based on the info rmation provided in the application, supporting documents, or su ch additional informati on as may be requested, and on water use information for the property as shown by water use records, all of the following:

(i) That the waiver would not constitute a grant of special privilege over other residents and businesses; and
(ii) That the authoriz ing of such waiver will not be of substantial detriment to adjacent properties and will not materially affect the ability of the City to effectuate the purpose of this chapter and will not be detrimental to the public interest.

Item No.7N

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(4) Approval Authority: The Public Wo rks Director must act upon any completed application no later than 14 days after submittal and may approve, conditionally approve, or deny the waiver. The appli cant will be promptly notified in writing of any action taken. Unless specified otherwise, at the time a waiver is approved, the waiver will apply to the subject property during the period of the mandatory water supply shortage c ondition. The waiver may be revoked or modified upon written notice from the Public Works Director.

(5) Applicants may file an appeal with the City Manager's office within 14 days of receipt of the decision of the Public Works Director on the waiver application.

The appeal must include an additional processing fee in the amount set for the initial waiver. The additional fee will be refunded if the appeal is successful.

The City Manager or his/her designee must act upon the appeal within 14 days and this decision is final.

Sec. 10-2.1112. Additional Water Conservation Measures.

City Council, upon adoption of a resolution, may im plement additional water conservation measures in a ddition to those identified in Sections 10-2.1104, 10-

2.1105, 10-2.1106, 10-2.1107, 10-2.1108, and 10-2.1109.

PART 3
Continuation
(Uncodified)

Repeal of any provision of Chapter 2, Article 11 (Water C onservation), of Title 10 of the Municipal Code herein will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecutio n and imposition of penalties for any violation occurring before, th is Ordinance's effective dat e. Any such repealed part will remain in full force and effect for su staining action or pr osecuting violations occurring before the effective date of this ordinance.

PART 4
Severability
(Uncodified)

If any section, sentence, clauses, or phrase of th is ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions. The City Council hereby declares that it would have passed this ordinance, and each section, sentence, clause, or phrase thereo f, irrespective of th e fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

Item No.7N

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PART 5
Effective Date
(Uncodified)

This ordinance shall take ef fect on the thirty-first (31 st) day following its final passage and adoption.

PASSED AND ADOPTED this 25 th day of October, 2022, by the following vote:

Ayes:

Noes:

Absent:

________________________________

Bob Engler, Mayor
City of Thousand Oaks, California

ATTEST/CERTIFY:

________________________________

Cynthia M. Rodriguez, City Clerk

Date Attested:____________________

APPROVED AS TO FORM:

Office of the City Attorney

_______________________________
Tracy Friedl, Assistant City Attorney

APPROVED AS TO ADMINISTRATION:

_______________________________

Andrew P. Powers, City Manager

Introduced: October 11, 2022
Published: October 18, 2022
Ordinance No.: XXXX-NS

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

Item No.7N

TO:Andrew P. Powers, City Manager
FROM:Kelvin Parker, Community Development Director
DATE:October 25, 2022
SUBJECT: Self-Storage Facilities Municipal Code Amendment (2022- 70571) and Specific Plan Amendment 20 (2022-70799)
RECOMMENDATION:

1. Find that this Municipal Code Amendment is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Sections 15060(c)(2) and (3) and 15061(b)(3).

2. Read ordinance in title only, further reading be waived, and if no objection introduce ordinance to adopt amendments to the Thousand Oaks Boulevard Specific Plan Appendix A (Land Use Table) and the Thousand Oaks Municipal Code (TOMC) Title 9, Chapter 4, including the addition of Section 9-4.2528 (Self-storage Facilities) in Article 25, and amendments to Section 9-4.202 (Definitions) in Article 2, Section 9-4-2105 (Permitted use matrix – Non-residential zones) and Section 9-4-2106 (Limitations on specific uses) in Article 21, and Section 9-4.2402 (Parking spaces required) in Article 24.

FINANCIAL IMPACT:

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

BACKGROUND:

City Council Moratorium and Initiation
On January 25, 2022, City Council adopted an interim urgency ordinance to impose a 45-day moratorium on City approval or issuance of any permit, license, or entitlement relating to applications for the development and construction of self- storage facilities (Attachment #1). The urgency ordinance was adopted pursuant to Government Code Section 65858.

Item No.8A

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4 1
7 On February 22, 2022, before the 45-day expiration on March 11, 2022, City Council adopted a second urgency ordinance extending the moratorium for 10 months, 15 days (total of one year) (Attachment #2). City Council expressed concerns related to existing self-storage facility applications and impacts on these requests as a result of the moratorium, specifically on process delays. In turn, City Council encouraged staff to limit the moratorium to a maximum of one extension.

The second urgency ordinance was also adopted pursuant to Government Code Section 65858. Both moratoriums were adopted to maintain the status quo while providing staff adequate time to perform a comprehensive analysis of the City’s existing standards and processes related to self-storage facilities.

Also on February 22, 2022, City Council initiated code revisions [Municipal Code Amendment (MCA) 2022-70571 and Specific Plan Amendment (SPA) 2022- 70799] declaring the intention to consider new and/or revised development standards, processes, and findings for new or modified self-storage facilities to be incorporated into the City’s regulatory documents. Staff was tasked to evaluate the potential citywide economic impacts of allowing a proliferation of self-storage facilities in consideration of the short- and long-term impacts of utilizing land areas for operations that do not create substantial employment opportunities. The proposed regulations were to be presented to the Planning Commission at a public hearing, and the Planning Commission recommendation is to be presented to the City Council at a public hearing prior to the expiration of moratorium on January 25, 2023.

Planning Commission Action
On October 10, 2022, the Planning Commission voted 3-2 (Ayes: Lanson, McMahon, and Chair Newman; Noes: Buss and Link) to approve a motion to recommend City Council adopt the proposed ordinance (Attachment #3), with staff- recommended, minor text adjustments to the CEQA Exemption.

At the Planning Commission meeting, all Commissioners recognized that self- storage facilities are not economic generators and compete with commercial and industrial properties for development opportunities. Unanimous support was given to remove self-storage facilities from the Thousand Oaks Boulevard Specific Plan.

The Commissioners who recommend adoption of the ordinance commented that self-storage facilities are a needed use in the community; however, it is appropriate to include provisions to ensure the use is fully vetted to ensure consistency with the General Plan’s Goals and Policies. The Commissioners acknowledged the proposed self-storage regulations attempt to elevate the self-storage facilities available to the City’s residents to the highest industry standards, while also limiting the availability of land for self-storage facilities to prioritize the continued growth of the City’s economic engines. They found allowing self-storage facilities, Item No.8A

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4 1
7 but with additional building conditions and more narrow zoning regulations, was consistent with the Commercial/Industrial Goals and Policies of the Thousand Oaks General Plan.

The Commissioners who voted against the motion opined that either the proposed requirements were too onerous or there was a lack of market analysis. If a formal market analysis was not possible, an analysis of self-storage facilities’ square footage on a per capita basis with neighboring jurisdictions was desired. Staff does not believe a formal market analysis is necessary since the purpose of the recommended amendment is not to preclude these facilities, rather establish appropriate locational and design regulations specific to these operations. As noted in the Planning Commission staff report, there are 30 qualifying sites in the City that could develop new self-storage facilities under the suggested standards.

No written correspondence was received prior to the Planning Commission’s public hearing, but two public speakers representing existing self-storage operators opposed the regulations. Staff summarizes their comments as follows:

1. Adequate outreach to the industry was not provided.

2. Staff’s analysis of self-storage facilities per jurisdiction is not the measure the self-storage industry uses. The industry uses a per capita square footage metric, but the industry did not provide that metric.

3. The proposed modifications would make it difficult, if not impossible, for new self-storage facilities to develop or for existing facilities to expand.

4. The industry recommends that a City and industry working group be formed to modify the regulations.

DISCUSSION/ANALYSIS:

Executive Summary

Thousand Oaks is among the top two cities in Ventura County with the largest number of traditional self-storage facilities (also known as personal storage, mini- storage, and mini-warehouse).  At present, there are 15 storage facilities (one under construction) located in various parts of the City. The self-storage buildings range in size from 18,000 square feet to approximately 200,000 square feet and are predominantly located along the 101 Freeway corridor.

City Council and City management are concerned about the large concentration of these establishments within the City since they compete for space in buildings that could house a variety of businesses. Self-storage facilities are not job centers, economic generators, nor do they activate the street. City Council expressed a concern that the current development standards and processing procedures for new self-storage facilities or modifications to existing operations do not provide appropriate discretion or explicit development standards to properly regulate these Item No.8A

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4 1
7 unique uses and directed staff to conduct a comparative analysis of other jurisdiction’s regulations and propose updated standards.

The research team:

1. Evaluated the existing TOMC and Specific Plan provisions for self- storage development;

2. Gathered data about existing self-storage developments in Thousand Oaks;

3. Reviewed and evaluated self-storage regulations for 24 cities across Southern California; and

4. Reviewed self-storage industry publications to identify industry trends.

This research was used to assist the City in crafting proposed definitions and regulations for consideration by the Planning Commission and City Council.

As proposed, the regulations would only pertain to future self-storage facilities and proposed additions or modifications to existing self-storage facilities.  If the proposed regulations are adopted, existing self-storage facility operators could continue to lawfully operate their facility consistent with their existing permit which is in effect as of the date the MCA and SPA are adopted. In summary, the proposed self-storage regulations would:

1. Eliminate new self-storage uses in the Highway and Arterial Business zone (C-2) and Thousand Oaks Boulevard Specific Plan (SP 20);

2. Allow new self-storage uses within Industrial Park (M-1) and Light Manufacturing (M-2) zones with geospatial limitations with specific development standards including a 2-acre maximum parcel size;

3. Prohibit new self-storage facilities within 1,000 feet from the centerline of 101 and 23 freeways, and 500 feet from the center line of arterials;

4. Require a caretaker unit in new facilities or in additions to existing self- storage facilities;

5. Require ground floor office, retail, restaurant, or caretaker uses to be provided along the entire frontage of the self-storage building if it directly fronts onto public right-of-way;

6. Be designed consistent with identified architectural and operational standards; and

7. Establish self-storage specific parking standards.

If the proposed self-storage facilities MCA and SPA are adopted as drafted, approximately 30 parcels could potentially contain a new self-storage facility. In addition, the existing 15 self-storage facilities (including the facility under construction at 2650 Willow Lane) could continue to operate in their existing conditions and be eligible to increase the size of the building and expand the use Item No.8A

Self-Storage Facilities MCA (2022-70571) and SPA (2022-70799) October 25, 2022

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Thousand Oaks City CouncilOctober 25, 2022

Thousand Oaks City Council
October 25, 2022