City Council
REGULAR MEETING
Tuesday, November 01, 2022, 6:00 PM
Andrew P. Fox City Council Chambers
Public advisory: Face masks are recommended.
You may view the City Council meeting broadcast live on TV (Frontier Channel 3, Spectrum Channel 10), and YouTube (CTO Meetings).
If you would like to submit a written comment, please complete the online Comment Form. Please see Public Input section below for more information.
The Brown Act prohibits a person from having to register to attend a City Council meeting. The Zoom app requires registration if you would like to attend via video/teleconference. If you do not wish to register to attend the City Council meeting via Zoom, City Council chambers is open and accessible to the public.
If you would like to speak on an agenda item REMOTELY (NOT in person), please complete the online Speaker Form. Please see Public Input section below for more information.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the City Council meeting, please contact the City Clerk Department (805) 4492151 within 48 hours of the meeting.
Bob Engler , Mayor
Ed Jones , Mayor Pro Tem
Claudia Billde la Peña , Councilmember
Al Adam, Councilmember
Kevin McNamee, Councilmember
Executive Team
Andrew P. Powers, City Manager Tracy M. Noonan, City Attorney Ingrid Hardy, Assistant City Manager Gary Rogers, Deputy City Manager Kelvin Parker, Community Development Director Jaime Boscarino, Finance Dir./City Treasurer Cynthia M. Rodriguez, City Clerk Clifford G. Finley, Public Works Director Jonathan Serret, Cultural Affairs Director Tim Giles, Human Resources Director Jennifer Patterson, Library Services Director Alexandra South, Strategic Communications/Public Affairs Dir.
Jim Friedl, General Manager, CRPD Jeremy Paris, Police Chief Jeff Shea, Fire Chief
MISSION STATEMENT:
Extraordinary Service to the Citizens We Serve is Our Purpose The following is provided to assist with public participation:
AGENDA AVAILABILITY: The City Council Agenda is posted at the entry to the Civic Arts Plaza/City Hall, 2100 E. Thousand Oaks Boulevard, Thousand Oaks [main posting location pursuant to the Brown Act, G.C. 54954.2(a)]. Agenda packet and “Live and Archived” meetings and minutes are available on the City’s website at www.toaks.org. Televised City Council Meetings are rebroadcast Thursday and Sunday (following meeting) at 10:00 a.m. and 6:00 p.m. on TV (Frontier Channel 3, Spectrum Channel 10).
PUBLIC INPUT: To provide your comments to the City Councilmembers please submit comments via the online Comment Form. Written comment cards will also be available for submission at the meeting. If you would like to speak REMOTELY (NOT in person) on an agenda item during the meeting, please complete the online Speaker Form (you will be asked to provide an email address and telephone number). Be advised that those participating via Zoom do so at their own risk. The City Council meeting will not be cancelled if any technical issues occur during the meeting. If you would like to speak IN PERSON, speaker cards will be available at the meeting and MUST be submitted in person. Doors open at 5:30 p.m. All Ventura County Health requirements will be followed, which may include limited capacity, social distancing, and wearing face masks. Persons addressing the City Council are requested to state their name and community of residence for the record. If you need further assistance, please email the City Clerk Department at [email protected] or call (805) 4492151. Please be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under the applicable law. Communications will NOT be edited for redactions and will be printed/posted as submitted.
SPANISH INTERPRETATION: If you need interpretation of your communications to the City Council from Spanish into English, please contact the City Clerk Department at (805) 4492151 or by email at [email protected] . Notification of at least 48 hours will usually enable the City to make arrangements.
INTERPRETACIÓN AL ESPAÑOL : Si necesita una interpretación del español al inglés para sus comunicaciones al Consejo de la Ciudad, comuníquese con el Departmento del Secretario Municipal al (805) 4492151 o por correo electrónico a [email protected] . Por favor, avísenos con al menos 48 horas de anticipación para que la ciudad pueda hacer los arreglos necesarios.
CONSENT CALENDAR: Matters listed on Consent Calendar that do not require significant reporting and/or discussion for decision or considered to be routine, will be approved by one motion as recommended.
There will be no separate discussion unless Councilmember or staff member requests separate discussion prior to approval.
SUPPLEMENTAL INFORMATION: Any agenda related information received and distributed to the City Council after the Agenda Packet is produced is included in Supplemental Packets. Supplemental Packets are produced as needed, typically a minimum of two—one available on the Thursday preceding the City Council meeting and the second on Tuesday at the meeting. Both the Thursday and Tuesday Supplemental Packets are available for public review on the City’s website.
JUDICIAL REVIEW: Any legal action by an applicant seeking to obtain a judicial review of the City Council’s decision on a Hearing or issue listed on this Agenda may be subject to the 90day filing period, of and governed by, Code of Civil Procedure Section 1094.6. Also refer to TOMC Section 14.05.
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
5. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A. 11/7 Borderline Citywide Day of Remembrance
6. PUBLIC COMMENTS: To be heard before 6:45 p.m. If additional speakers for public comments remain at 6:45 p.m., remainder of speakers may be called at the end of the meeting. (Resolution Nos. 2011066/067)
7. CONSENT CALENDAR:
A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:
Ratify October 26, 2022; approve November 2, 2022, November 9, 2022, November 16, 2022, November 23, 2022, and November 30, 2022, subject to review and ratification
B. Minutes of City Council meeting of October 25, 2022
RECOMMENDATION:
Approve
C. Revised Free Fare Reimbursement Agreement
RECOMMENDATION:
Approve revised Agreement with Ventura County Transportation Commission and other Transit Operators for a College Student Free Ride Program adding new Youth Free Ride program to the Agreement.
D. Authorization to Purchase Electric Actuator Equipment (CI 5633) RECOMMENDATION:
1. Award purchase of 19 electric actuators from Harold Beck & Sons, Inc. (Newtown, PA) in an amount nottoexceed $165,224.20.
2. Authorize expenditure in the amount of $165,224.20 from A/C #6248250685 8400 (CI 5633, Capital Improvements).
3. Authorize staff to advertise for bids for the installation of 19 electric actuators (CI 5633).
E. Purchase of Water Meters and Equipment (CI 4551)
RECOMMENDATION:
Approve budget appropriation and expense in the amount of $315,000 from A/C #61300003419900 (Water Capital Fund, Net Position) as follows: $25,000 to A/C #61380306858400 (CI 4551, Equipment $5000 or more), $290,000 to A/C #613 80306828300 (Cl 4551, Automated Meter Reading Program) for the purchase of Badger Meter, Inc., water meters, meter reading equipment, and associated devices.
F. 19941 Community Facilities District Annual Report
RECOMMENDATION:
Receive and file Annual Report on the 19941 Community Facilities District (Marketplace Public Pedestrian, Traffic Circulation, and Parking Facilities) in compliance with the Local Agency Special Tax Bond and Accountability Act.
G. Santa Monica Mountains Conservancy Advisory Committee Appointment RECOMMENDATION:
Approve the appointment of Kat Selm to serve as the City’s representative to the Santa Monica Mountains Conservancy Advisory Committee for a twoyear term ending September 2024.
H. Building Resilient Infrastructure and Communities Federal Grant RECOMMENDATION:
Authorize City Manager or designee to execute all grantrelated documents, and to submit the subapplication to the California Office of Emergency Services and upon award, return to City Council to accept the grant.
I. ORDINANCE FOR SECOND READING:
ORDINANCE AMENDING THE THOUSAND OAKS BOULEVARD SPECIFIC PLAN (SP20), AND THE THOUSAND OAKS MUNICIPAL CODE BY ADDING SECTION 9
4.2528 IN ARTICLE 25 TO TITLE 9, CHAPTER 4; AMENDING SECTION 94.202 IN ARTICLE 2 TO TITLE 9, CHAPTER 4 ; AMENDING SECTIONS 942105 AND 94 2106 IN ARTICLE 21 TO TITLE 9, CHAPTER 4; AND AMENDING SECTION 94.2402 IN ARTICLE 24 TO TITLE 9, CHAPTER 4, TO MODIFY EXISTING STANDARDS AND ESTABLISH NEW DEVELOPMENT AND ZONING STANDARDS RELATED TO SELFSTORAGE, MINISTORAGE, AND SIMILAR USES IN CERTAIN ZONES (MCA 202270571, SPA 202270799) (Introduced 10/25/2022, 50) ORD. NO. 1706NS
RECOMMENDATION:
Adopt and find that the Specific Plan 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)
J. ORDINANCE FOR SECOND READING:
ORDINANCE TO REPEAL SECTIONS 81.01 THROUGH 81.24 AND CHAPTERS 5, 6, 7, 8, 10, 14, 16, AND 17 OF TITLE 8, AND TO READOPT SECTIONS 81.01 THROUGH 81.24 AND CHAPTERS 5, 6, 7, 8, 10, 14, 16, AND 17 TO TITLE 8 OF THE MUNICIPAL CODE BY ADOPTING BY REFERENCE TITLE 24 2022 CALIFORNIA CODE OF REGULATIONS, INCLUDING THE CALIFORNIA ADMINISTRATIVE CODE, CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA EXISTING BUILDING CODE, CALIFORNIA HISTORICAL BUILDING CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA ENERGY CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA REFERENCED STANDARDS CODE, AND 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE, AND ADDING SECTION 81.27 RELATING TO EMERGENCY HOUSING AND CHAPTER 4 TO TITLE 8 RELATING TO CODE ADMINISTRATION (MCA 202270456) (Introduced 10/25/2022, 50) ORD. NO. 1707NS
RECOMMENDATION:
Adopt
8. PUBLIC HEARINGS:
A. Triennial Public Health Goal Water Quality Report
RECOMMENDATION:
Receive Public Health Goal Report and accept public comments on the City of Thousand Oaks 2022 Triennial Public Health Goals Report.
B. Tax Equity and Fiscal Responsibility Act Hearing for the Benefit of Momentum Agencies
RESOLUTION APPROVING ISSUANCE OF TAXEXEMPT REVENUE BONDS BY CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY NOT TO EXCEED $20,000,000 AGGREGATE PRINCIPAL AMOUNT FOR PURPOSE OF FINANCING AND REFINANCING COST OF ACQUIRING, IMPROVING, DEVELOPING, INSTALLING, EQUIPPING AND FURNISHING OF FACILITIES FOR BENEFIT OF MOMENTUM AGENCIES AND/OR A RELATED ENTITY AND OTHER MATTERS RELATING THERETO HEREIN SPECIFIED
RECOMMENDATION:
1. Conduct a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 to receive comments relating to the issuance by the California Enterprise Development Authority (Authority) of Revenue Bonds nottoexceed $20,000,000 (Bonds) for the benefit of Momentum Agencies, a California nonprofit public benefit corporation (Borrower).
2. Adopt resolution approving the issuance of the Bonds by the Authority to finance, refinance and/or reimburse the cost of the acquisition, improvement, construction, development, installation, equipping, and furnishing of certain facilities for the benefit of the Borrower.
9. STUDY SESSIONS: None
10. DEPARTMENT REPORTS:
A. Hillcrest Site (384 N. Erbes Road) Affordable Housing Developer and Exclusive Negotiating Agreement
RECOMMENDATION:
Select People’s SelfHelp Housing Corporation of San Luis Obispo, California to develop affordable housing at the Hillcrest Site (384 N. Erbes Road) and authorize City Manager to initiate preparation of an Exclusive Negotiating Agreement between the City of Thousand Oaks and People’s SelfHelp Housing Corporation and find that this action is not a project as defined under the California Environmental Quality Act.
B. Inclusionary Housing Plan Update Parameters and Policy Direction RECOMMENDATION:
Discuss and provide direction on inclusionary housing parameters for further analysis in the Inclusionary Housing Plan Update Financial Evaluation and find that this action is not a project as defined under the California Environmental Quality Act.
11. COMMITTEE/COMISSION/BOARD REPORTS: None
12. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None
13. COUNCIL ISSUES/RECOMMENDATIONS: None
14. CITY MANAGER:
A. Announcements and upcoming issues
15. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL – Existing Litigation: G.I. Industries, dba Waste Management, vs. City of Thousand Oaks, Arakelian Enterprises, dba Athens Services; Trial Court Case No.: 56202100554581CUWMVTA; Appellate Case No.: B317201. Pursuant to Government Code Section 54956.9(a).
16. PUBLIC NOTICES: None
17. ADJOURNMENT: Adjourn to Regular Meeting December 6, 2022.
Agenda Post Date/Time: Oct 27, 2022, 5:00P.M.
CCD:61040\h:\common\agenda\2022\110122.docx
City Council
REGULAR MEETING
Tuesday, November 01, 2022, 6:00 PM
Andrew P. Fox City Council Chambers
Public advisory: Face masks are recommended.
You may view the City Council meeting broadcast live on TV (Frontier Channel 3, Spectrum Channel 10), and YouTube (CTO Meetings).
If you would like to submit a written comment, please complete the online Comment Form. Please see Public Input section below for more information.
The Brown Act prohibits a person from having to register to attend a City Council meeting. The Zoom app requires registration if you would like to attend via video/teleconference. If you do not wish to register to attend the City Council meeting via Zoom, City Council chambers is open and accessible to the public.
If you would like to speak on an agenda item REMOTELY (NOT in person), please complete the online Speaker Form. Please see Public Input section below for more information.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the City Council meeting, please contact the City Clerk Department (805) 4492151 within 48 hours of the meeting.
Bob Engler , Mayor
Ed Jones , Mayor Pro Tem
Claudia Billde la Peña , Councilmember
Al Adam, Councilmember
Kevin McNamee, Councilmember
Executive Team
Andrew P. Powers, City Manager Tracy M. Noonan, City Attorney Ingrid Hardy, Assistant City Manager Gary Rogers, Deputy City Manager Kelvin Parker, Community Development Director Jaime Boscarino, Finance Dir./City Treasurer Cynthia M. Rodriguez, City Clerk Clifford G. Finley, Public Works Director Jonathan Serret, Cultural Affairs Director Tim Giles, Human Resources Director Jennifer Patterson, Library Services Director Alexandra South, Strategic Communications/Public Affairs Dir.
Jim Friedl, General Manager, CRPD Jeremy Paris, Police Chief Jeff Shea, Fire Chief
MISSION STATEMENT:
Extraordinary Service to the Citizens We Serve is Our Purpose The following is provided to assist with public participation:
AGENDA AVAILABILITY: The City Council Agenda is posted at the entry to the Civic Arts Plaza/City Hall, 2100 E. Thousand Oaks Boulevard, Thousand Oaks [main posting location pursuant to the Brown Act, G.C. 54954.2(a)]. Agenda packet and “Live and Archived” meetings and minutes are available on the City’s website at www.toaks.org. Televised City Council Meetings are rebroadcast Thursday and Sunday (following meeting) at 10:00 a.m. and 6:00 p.m. on TV (Frontier Channel 3, Spectrum Channel 10).
PUBLIC INPUT: To provide your comments to the City Councilmembers please submit comments via the online Comment Form. Written comment cards will also be available for submission at the meeting. If you would like to speak REMOTELY (NOT in person) on an agenda item during the meeting, please complete the online Speaker Form (you will be asked to provide an email address and telephone number). Be advised that those participating via Zoom do so at their own risk. The City Council meeting will not be cancelled if any technical issues occur during the meeting. If you would like to speak IN PERSON, speaker cards will be available at the meeting and MUST be submitted in person. Doors open at 5:30 p.m. All Ventura County Health requirements will be followed, which may include limited capacity, social distancing, and wearing face masks. Persons addressing the City Council are requested to state their name and community of residence for the record. If you need further assistance, please email the City Clerk Department at [email protected] or call (805) 4492151. Please be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under the applicable law. Communications will NOT be edited for redactions and will be printed/posted as submitted.
SPANISH INTERPRETATION: If you need interpretation of your communications to the City Council from Spanish into English, please contact the City Clerk Department at (805) 4492151 or by email at [email protected] . Notification of at least 48 hours will usually enable the City to make arrangements.
INTERPRETACIÓN AL ESPAÑOL : Si necesita una interpretación del español al inglés para sus comunicaciones al Consejo de la Ciudad, comuníquese con el Departmento del Secretario Municipal al (805) 4492151 o por correo electrónico a [email protected] . Por favor, avísenos con al menos 48 horas de anticipación para que la ciudad pueda hacer los arreglos necesarios.
CONSENT CALENDAR: Matters listed on Consent Calendar that do not require significant reporting and/or discussion for decision or considered to be routine, will be approved by one motion as recommended.
There will be no separate discussion unless Councilmember or staff member requests separate discussion prior to approval.
SUPPLEMENTAL INFORMATION: Any agenda related information received and distributed to the City Council after the Agenda Packet is produced is included in Supplemental Packets. Supplemental Packets are produced as needed, typically a minimum of two—one available on the Thursday preceding the City Council meeting and the second on Tuesday at the meeting. Both the Thursday and Tuesday Supplemental Packets are available for public review on the City’s website.
JUDICIAL REVIEW: Any legal action by an applicant seeking to obtain a judicial review of the City Council’s decision on a Hearing or issue listed on this Agenda may be subject to the 90day filing period, of and governed by, Code of Civil Procedure Section 1094.6. Also refer to TOMC Section 14.05.
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
5. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A. 11/7 Borderline Citywide Day of Remembrance
6. PUBLIC COMMENTS: To be heard before 6:45 p.m. If additional speakers for public comments remain at 6:45 p.m., remainder of speakers may be called at the end of the meeting. (Resolution Nos. 2011066/067)
7. CONSENT CALENDAR:
A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:
Ratify October 26, 2022; approve November 2, 2022, November 9, 2022, November 16, 2022, November 23, 2022, and November 30, 2022, subject to review and ratification
B. Minutes of City Council meeting of October 25, 2022
RECOMMENDATION:
Approve
C. Revised Free Fare Reimbursement Agreement
RECOMMENDATION:
Approve revised Agreement with Ventura County Transportation Commission and other Transit Operators for a College Student Free Ride Program adding new Youth Free Ride program to the Agreement.
D. Authorization to Purchase Electric Actuator Equipment (CI 5633) RECOMMENDATION:
1. Award purchase of 19 electric actuators from Harold Beck & Sons, Inc. (Newtown, PA) in an amount nottoexceed $165,224.20.
2. Authorize expenditure in the amount of $165,224.20 from A/C #6248250685 8400 (CI 5633, Capital Improvements).
3. Authorize staff to advertise for bids for the installation of 19 electric actuators (CI 5633).
E. Purchase of Water Meters and Equipment (CI 4551)
RECOMMENDATION:
Approve budget appropriation and expense in the amount of $315,000 from A/C #61300003419900 (Water Capital Fund, Net Position) as follows: $25,000 to A/C #61380306858400 (CI 4551, Equipment $5000 or more), $290,000 to A/C #613 80306828300 (Cl 4551, Automated Meter Reading Program) for the purchase of Badger Meter, Inc., water meters, meter reading equipment, and associated devices.
F. 19941 Community Facilities District Annual Report
RECOMMENDATION:
Receive and file Annual Report on the 19941 Community Facilities District (Marketplace Public Pedestrian, Traffic Circulation, and Parking Facilities) in compliance with the Local Agency Special Tax Bond and Accountability Act.
G. Santa Monica Mountains Conservancy Advisory Committee Appointment RECOMMENDATION:
Approve the appointment of Kat Selm to serve as the City’s representative to the Santa Monica Mountains Conservancy Advisory Committee for a twoyear term ending September 2024.
H. Building Resilient Infrastructure and Communities Federal Grant RECOMMENDATION:
Authorize City Manager or designee to execute all grantrelated documents, and to submit the subapplication to the California Office of Emergency Services and upon award, return to City Council to accept the grant.
I. ORDINANCE FOR SECOND READING:
ORDINANCE AMENDING THE THOUSAND OAKS BOULEVARD SPECIFIC PLAN (SP20), AND THE THOUSAND OAKS MUNICIPAL CODE BY ADDING SECTION 9
4.2528 IN ARTICLE 25 TO TITLE 9, CHAPTER 4; AMENDING SECTION 94.202 IN ARTICLE 2 TO TITLE 9, CHAPTER 4 ; AMENDING SECTIONS 942105 AND 94 2106 IN ARTICLE 21 TO TITLE 9, CHAPTER 4; AND AMENDING SECTION 94.2402 IN ARTICLE 24 TO TITLE 9, CHAPTER 4, TO MODIFY EXISTING STANDARDS AND ESTABLISH NEW DEVELOPMENT AND ZONING STANDARDS RELATED TO SELFSTORAGE, MINISTORAGE, AND SIMILAR USES IN CERTAIN ZONES (MCA 202270571, SPA 202270799) (Introduced 10/25/2022, 50) ORD. NO. 1706NS
RECOMMENDATION:
Adopt and find that the Specific Plan 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)
J. ORDINANCE FOR SECOND READING:
ORDINANCE TO REPEAL SECTIONS 81.01 THROUGH 81.24 AND CHAPTERS 5, 6, 7, 8, 10, 14, 16, AND 17 OF TITLE 8, AND TO READOPT SECTIONS 81.01 THROUGH 81.24 AND CHAPTERS 5, 6, 7, 8, 10, 14, 16, AND 17 TO TITLE 8 OF THE MUNICIPAL CODE BY ADOPTING BY REFERENCE TITLE 24 2022 CALIFORNIA CODE OF REGULATIONS, INCLUDING THE CALIFORNIA ADMINISTRATIVE CODE, CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA EXISTING BUILDING CODE, CALIFORNIA HISTORICAL BUILDING CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA ENERGY CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA REFERENCED STANDARDS CODE, AND 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE, AND ADDING SECTION 81.27 RELATING TO EMERGENCY HOUSING AND CHAPTER 4 TO TITLE 8 RELATING TO CODE ADMINISTRATION (MCA 202270456) (Introduced 10/25/2022, 50) ORD. NO. 1707NS
RECOMMENDATION:
Adopt
8. PUBLIC HEARINGS:
A. Triennial Public Health Goal Water Quality Report
RECOMMENDATION:
Receive Public Health Goal Report and accept public comments on the City of Thousand Oaks 2022 Triennial Public Health Goals Report.
B. Tax Equity and Fiscal Responsibility Act Hearing for the Benefit of Momentum Agencies
RESOLUTION APPROVING ISSUANCE OF TAXEXEMPT REVENUE BONDS BY CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY NOT TO EXCEED $20,000,000 AGGREGATE PRINCIPAL AMOUNT FOR PURPOSE OF FINANCING AND REFINANCING COST OF ACQUIRING, IMPROVING, DEVELOPING, INSTALLING, EQUIPPING AND FURNISHING OF FACILITIES FOR BENEFIT OF MOMENTUM AGENCIES AND/OR A RELATED ENTITY AND OTHER MATTERS RELATING THERETO HEREIN SPECIFIED
RECOMMENDATION:
1. Conduct a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 to receive comments relating to the issuance by the California Enterprise Development Authority (Authority) of Revenue Bonds nottoexceed $20,000,000 (Bonds) for the benefit of Momentum Agencies, a California nonprofit public benefit corporation (Borrower).
2. Adopt resolution approving the issuance of the Bonds by the Authority to finance, refinance and/or reimburse the cost of the acquisition, improvement, construction, development, installation, equipping, and furnishing of certain facilities for the benefit of the Borrower.
9. STUDY SESSIONS: None
10. DEPARTMENT REPORTS:
A. Hillcrest Site (384 N. Erbes Road) Affordable Housing Developer and Exclusive Negotiating Agreement
RECOMMENDATION:
Select People’s SelfHelp Housing Corporation of San Luis Obispo, California to develop affordable housing at the Hillcrest Site (384 N. Erbes Road) and authorize City Manager to initiate preparation of an Exclusive Negotiating Agreement between the City of Thousand Oaks and People’s SelfHelp Housing Corporation and find that this action is not a project as defined under the California Environmental Quality Act.
B. Inclusionary Housing Plan Update Parameters and Policy Direction RECOMMENDATION:
Discuss and provide direction on inclusionary housing parameters for further analysis in the Inclusionary Housing Plan Update Financial Evaluation and find that this action is not a project as defined under the California Environmental Quality Act.
11. COMMITTEE/COMISSION/BOARD REPORTS: None
12. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None
13. COUNCIL ISSUES/RECOMMENDATIONS: None
14. CITY MANAGER:
A. Announcements and upcoming issues
15. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL – Existing Litigation: G.I. Industries, dba Waste Management, vs. City of Thousand Oaks, Arakelian Enterprises, dba Athens Services; Trial Court Case No.: 56202100554581CUWMVTA; Appellate Case No.: B317201. Pursuant to Government Code Section 54956.9(a).
16. PUBLIC NOTICES: None
17. ADJOURNMENT: Adjourn to Regular Meeting December 6, 2022.
Agenda Post Date/Time: Oct 27, 2022, 5:00P.M.
CCD:61040\h:\common\agenda\2022\110122.docx
City Council
REGULAR MEETING
Tuesday, November 01, 2022, 6:00 PM
Andrew P. Fox City Council Chambers
Public advisory: Face masks are recommended.
You may view the City Council meeting broadcast live on TV (Frontier Channel 3, Spectrum Channel 10), and YouTube (CTO Meetings).
If you would like to submit a written comment, please complete the online Comment Form. Please see Public Input section below for more information.
The Brown Act prohibits a person from having to register to attend a City Council meeting. The Zoom app requires registration if you would like to attend via video/teleconference. If you do not wish to register to attend the City Council meeting via Zoom, City Council chambers is open and accessible to the public.
If you would like to speak on an agenda item REMOTELY (NOT in person), please complete the online Speaker Form. Please see Public Input section below for more information.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the City Council meeting, please contact the City Clerk Department (805) 4492151 within 48 hours of the meeting.
Bob Engler , Mayor
Ed Jones , Mayor Pro Tem
Claudia Billde la Peña , Councilmember
Al Adam, Councilmember
Kevin McNamee, Councilmember
Executive Team
Andrew P. Powers, City Manager Tracy M. Noonan, City Attorney Ingrid Hardy, Assistant City Manager Gary Rogers, Deputy City Manager Kelvin Parker, Community Development Director Jaime Boscarino, Finance Dir./City Treasurer Cynthia M. Rodriguez, City Clerk Clifford G. Finley, Public Works Director Jonathan Serret, Cultural Affairs Director Tim Giles, Human Resources Director Jennifer Patterson, Library Services Director Alexandra South, Strategic Communications/Public Affairs Dir.
Jim Friedl, General Manager, CRPD Jeremy Paris, Police Chief Jeff Shea, Fire Chief
MISSION STATEMENT:
Extraordinary Service to the Citizens We Serve is Our Purpose The following is provided to assist with public participation:
AGENDA AVAILABILITY: The City Council Agenda is posted at the entry to the Civic Arts Plaza/City Hall, 2100 E. Thousand Oaks Boulevard, Thousand Oaks [main posting location pursuant to the Brown Act, G.C. 54954.2(a)]. Agenda packet and “Live and Archived” meetings and minutes are available on the City’s website at www.toaks.org. Televised City Council Meetings are rebroadcast Thursday and Sunday (following meeting) at 10:00 a.m. and 6:00 p.m. on TV (Frontier Channel 3, Spectrum Channel 10).
PUBLIC INPUT: To provide your comments to the City Councilmembers please submit comments via the online Comment Form. Written comment cards will also be available for submission at the meeting. If you would like to speak REMOTELY (NOT in person) on an agenda item during the meeting, please complete the online Speaker Form (you will be asked to provide an email address and telephone number). Be advised that those participating via Zoom do so at their own risk. The City Council meeting will not be cancelled if any technical issues occur during the meeting. If you would like to speak IN PERSON, speaker cards will be available at the meeting and MUST be submitted in person. Doors open at 5:30 p.m. All Ventura County Health requirements will be followed, which may include limited capacity, social distancing, and wearing face masks. Persons addressing the City Council are requested to state their name and community of residence for the record. If you need further assistance, please email the City Clerk Department at [email protected] or call (805) 4492151. Please be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under the applicable law. Communications will NOT be edited for redactions and will be printed/posted as submitted.
SPANISH INTERPRETATION: If you need interpretation of your communications to the City Council from Spanish into English, please contact the City Clerk Department at (805) 4492151 or by email at [email protected] . Notification of at least 48 hours will usually enable the City to make arrangements.
INTERPRETACIÓN AL ESPAÑOL : Si necesita una interpretación del español al inglés para sus comunicaciones al Consejo de la Ciudad, comuníquese con el Departmento del Secretario Municipal al (805) 4492151 o por correo electrónico a [email protected] . Por favor, avísenos con al menos 48 horas de anticipación para que la ciudad pueda hacer los arreglos necesarios.
CONSENT CALENDAR: Matters listed on Consent Calendar that do not require significant reporting and/or discussion for decision or considered to be routine, will be approved by one motion as recommended.
There will be no separate discussion unless Councilmember or staff member requests separate discussion prior to approval.
SUPPLEMENTAL INFORMATION: Any agenda related information received and distributed to the City Council after the Agenda Packet is produced is included in Supplemental Packets. Supplemental Packets are produced as needed, typically a minimum of two—one available on the Thursday preceding the City Council meeting and the second on Tuesday at the meeting. Both the Thursday and Tuesday Supplemental Packets are available for public review on the City’s website.
JUDICIAL REVIEW: Any legal action by an applicant seeking to obtain a judicial review of the City Council’s decision on a Hearing or issue listed on this Agenda may be subject to the 90day filing period, of and governed by, Code of Civil Procedure Section 1094.6. Also refer to TOMC Section 14.05.
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
5. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A. 11/7 Borderline Citywide Day of Remembrance
6. PUBLIC COMMENTS: To be heard before 6:45 p.m. If additional speakers for public comments remain at 6:45 p.m., remainder of speakers may be called at the end of the meeting. (Resolution Nos. 2011066/067)
7. CONSENT CALENDAR:
A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:
Ratify October 26, 2022; approve November 2, 2022, November 9, 2022, November 16, 2022, November 23, 2022, and November 30, 2022, subject to review and ratification
B. Minutes of City Council meeting of October 25, 2022
RECOMMENDATION:
Approve
C. Revised Free Fare Reimbursement Agreement
RECOMMENDATION:
Approve revised Agreement with Ventura County Transportation Commission and other Transit Operators for a College Student Free Ride Program adding new Youth Free Ride program to the Agreement.
D. Authorization to Purchase Electric Actuator Equipment (CI 5633) RECOMMENDATION:
1. Award purchase of 19 electric actuators from Harold Beck & Sons, Inc. (Newtown, PA) in an amount nottoexceed $165,224.20.
2. Authorize expenditure in the amount of $165,224.20 from A/C #6248250685 8400 (CI 5633, Capital Improvements).
3. Authorize staff to advertise for bids for the installation of 19 electric actuators (CI 5633).
E. Purchase of Water Meters and Equipment (CI 4551)
RECOMMENDATION:
Approve budget appropriation and expense in the amount of $315,000 from A/C #61300003419900 (Water Capital Fund, Net Position) as follows: $25,000 to A/C #61380306858400 (CI 4551, Equipment $5000 or more), $290,000 to A/C #613 80306828300 (Cl 4551, Automated Meter Reading Program) for the purchase of Badger Meter, Inc., water meters, meter reading equipment, and associated devices.
F. 19941 Community Facilities District Annual Report
RECOMMENDATION:
Receive and file Annual Report on the 19941 Community Facilities District (Marketplace Public Pedestrian, Traffic Circulation, and Parking Facilities) in compliance with the Local Agency Special Tax Bond and Accountability Act.
G. Santa Monica Mountains Conservancy Advisory Committee Appointment RECOMMENDATION:
Approve the appointment of Kat Selm to serve as the City’s representative to the Santa Monica Mountains Conservancy Advisory Committee for a twoyear term ending September 2024.
H. Building Resilient Infrastructure and Communities Federal Grant RECOMMENDATION:
Authorize City Manager or designee to execute all grantrelated documents, and to submit the subapplication to the California Office of Emergency Services and upon award, return to City Council to accept the grant.
I. ORDINANCE FOR SECOND READING:
ORDINANCE AMENDING THE THOUSAND OAKS BOULEVARD SPECIFIC PLAN (SP20), AND THE THOUSAND OAKS MUNICIPAL CODE BY ADDING SECTION 9
4.2528 IN ARTICLE 25 TO TITLE 9, CHAPTER 4; AMENDING SECTION 94.202 IN ARTICLE 2 TO TITLE 9, CHAPTER 4 ; AMENDING SECTIONS 942105 AND 94 2106 IN ARTICLE 21 TO TITLE 9, CHAPTER 4; AND AMENDING SECTION 94.2402 IN ARTICLE 24 TO TITLE 9, CHAPTER 4, TO MODIFY EXISTING STANDARDS AND ESTABLISH NEW DEVELOPMENT AND ZONING STANDARDS RELATED TO SELFSTORAGE, MINISTORAGE, AND SIMILAR USES IN CERTAIN ZONES (MCA 202270571, SPA 202270799) (Introduced 10/25/2022, 50) ORD. NO. 1706NS
RECOMMENDATION:
Adopt and find that the Specific Plan 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)
J. ORDINANCE FOR SECOND READING:
ORDINANCE TO REPEAL SECTIONS 81.01 THROUGH 81.24 AND CHAPTERS 5, 6, 7, 8, 10, 14, 16, AND 17 OF TITLE 8, AND TO READOPT SECTIONS 81.01 THROUGH 81.24 AND CHAPTERS 5, 6, 7, 8, 10, 14, 16, AND 17 TO TITLE 8 OF THE MUNICIPAL CODE BY ADOPTING BY REFERENCE TITLE 24 2022 CALIFORNIA CODE OF REGULATIONS, INCLUDING THE CALIFORNIA ADMINISTRATIVE CODE, CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA EXISTING BUILDING CODE, CALIFORNIA HISTORICAL BUILDING CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA ENERGY CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA REFERENCED STANDARDS CODE, AND 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE, AND ADDING SECTION 81.27 RELATING TO EMERGENCY HOUSING AND CHAPTER 4 TO TITLE 8 RELATING TO CODE ADMINISTRATION (MCA 202270456) (Introduced 10/25/2022, 50) ORD. NO. 1707NS
RECOMMENDATION:
Adopt
8. PUBLIC HEARINGS:
A. Triennial Public Health Goal Water Quality Report
RECOMMENDATION:
Receive Public Health Goal Report and accept public comments on the City of Thousand Oaks 2022 Triennial Public Health Goals Report.
B. Tax Equity and Fiscal Responsibility Act Hearing for the Benefit of Momentum Agencies
RESOLUTION APPROVING ISSUANCE OF TAXEXEMPT REVENUE BONDS BY CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY NOT TO EXCEED $20,000,000 AGGREGATE PRINCIPAL AMOUNT FOR PURPOSE OF FINANCING AND REFINANCING COST OF ACQUIRING, IMPROVING, DEVELOPING, INSTALLING, EQUIPPING AND FURNISHING OF FACILITIES FOR BENEFIT OF MOMENTUM AGENCIES AND/OR A RELATED ENTITY AND OTHER MATTERS RELATING THERETO HEREIN SPECIFIED
RECOMMENDATION:
1. Conduct a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 to receive comments relating to the issuance by the California Enterprise Development Authority (Authority) of Revenue Bonds nottoexceed $20,000,000 (Bonds) for the benefit of Momentum Agencies, a California nonprofit public benefit corporation (Borrower).
2. Adopt resolution approving the issuance of the Bonds by the Authority to finance, refinance and/or reimburse the cost of the acquisition, improvement, construction, development, installation, equipping, and furnishing of certain facilities for the benefit of the Borrower.
9. STUDY SESSIONS: None
10. DEPARTMENT REPORTS:
A. Hillcrest Site (384 N. Erbes Road) Affordable Housing Developer and Exclusive Negotiating Agreement
RECOMMENDATION:
Select People’s SelfHelp Housing Corporation of San Luis Obispo, California to develop affordable housing at the Hillcrest Site (384 N. Erbes Road) and authorize City Manager to initiate preparation of an Exclusive Negotiating Agreement between the City of Thousand Oaks and People’s SelfHelp Housing Corporation and find that this action is not a project as defined under the California Environmental Quality Act.
B. Inclusionary Housing Plan Update Parameters and Policy Direction RECOMMENDATION:
Discuss and provide direction on inclusionary housing parameters for further analysis in the Inclusionary Housing Plan Update Financial Evaluation and find that this action is not a project as defined under the California Environmental Quality Act.
11. COMMITTEE/COMISSION/BOARD REPORTS: None
12. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None
13. COUNCIL ISSUES/RECOMMENDATIONS: None
14. CITY MANAGER:
A. Announcements and upcoming issues
15. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL – Existing Litigation: G.I. Industries, dba Waste Management, vs. City of Thousand Oaks, Arakelian Enterprises, dba Athens Services; Trial Court Case No.: 56202100554581CUWMVTA; Appellate Case No.: B317201. Pursuant to Government Code Section 54956.9(a).
16. PUBLIC NOTICES: None
17. ADJOURNMENT: Adjourn to Regular Meeting December 6, 2022.
Agenda Post Date/Time: Oct 27, 2022, 5:00P.M.
CCD:61040\h:\common\agenda\2022\110122.docx
City Council
REGULAR MEETING
Tuesday, November 01, 2022, 6:00 PM
Andrew P. Fox City Council Chambers
Public advisory: Face masks are recommended.
You may view the City Council meeting broadcast live on TV (Frontier Channel 3, Spectrum Channel 10), and YouTube (CTO Meetings).
If you would like to submit a written comment, please complete the online Comment Form. Please see Public Input section below for more information.
The Brown Act prohibits a person from having to register to attend a City Council meeting. The Zoom app requires registration if you would like to attend via video/teleconference. If you do not wish to register to attend the City Council meeting via Zoom, City Council chambers is open and accessible to the public.
If you would like to speak on an agenda item REMOTELY (NOT in person), please complete the online Speaker Form. Please see Public Input section below for more information.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the City Council meeting, please contact the City Clerk Department (805) 4492151 within 48 hours of the meeting.
Bob Engler , Mayor
Ed Jones , Mayor Pro Tem
Claudia Billde la Peña , Councilmember
Al Adam, Councilmember
Kevin McNamee, Councilmember
Executive Team
Andrew P. Powers, City Manager Tracy M. Noonan, City Attorney Ingrid Hardy, Assistant City Manager Gary Rogers, Deputy City Manager Kelvin Parker, Community Development Director Jaime Boscarino, Finance Dir./City Treasurer Cynthia M. Rodriguez, City Clerk Clifford G. Finley, Public Works Director Jonathan Serret, Cultural Affairs Director Tim Giles, Human Resources Director Jennifer Patterson, Library Services Director Alexandra South, Strategic Communications/Public Affairs Dir.
Jim Friedl, General Manager, CRPD Jeremy Paris, Police Chief Jeff Shea, Fire Chief
MISSION STATEMENT:
Extraordinary Service to the Citizens We Serve is Our Purpose The following is provided to assist with public participation:
AGENDA AVAILABILITY: The City Council Agenda is posted at the entry to the Civic Arts Plaza/City Hall, 2100 E. Thousand Oaks Boulevard, Thousand Oaks [main posting location pursuant to the Brown Act, G.C. 54954.2(a)]. Agenda packet and “Live and Archived” meetings and minutes are available on the City’s website at www.toaks.org. Televised City Council Meetings are rebroadcast Thursday and Sunday (following meeting) at 10:00 a.m. and 6:00 p.m. on TV (Frontier Channel 3, Spectrum Channel 10).
PUBLIC INPUT: To provide your comments to the City Councilmembers please submit comments via the online Comment Form. Written comment cards will also be available for submission at the meeting. If you would like to speak REMOTELY (NOT in person) on an agenda item during the meeting, please complete the online Speaker Form (you will be asked to provide an email address and telephone number). Be advised that those participating via Zoom do so at their own risk. The City Council meeting will not be cancelled if any technical issues occur during the meeting. If you would like to speak IN PERSON, speaker cards will be available at the meeting and MUST be submitted in person. Doors open at 5:30 p.m. All Ventura County Health requirements will be followed, which may include limited capacity, social distancing, and wearing face masks. Persons addressing the City Council are requested to state their name and community of residence for the record. If you need further assistance, please email the City Clerk Department at [email protected] or call (805) 4492151. Please be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under the applicable law. Communications will NOT be edited for redactions and will be printed/posted as submitted.
SPANISH INTERPRETATION: If you need interpretation of your communications to the City Council from Spanish into English, please contact the City Clerk Department at (805) 4492151 or by email at [email protected] . Notification of at least 48 hours will usually enable the City to make arrangements.
INTERPRETACIÓN AL ESPAÑOL : Si necesita una interpretación del español al inglés para sus comunicaciones al Consejo de la Ciudad, comuníquese con el Departmento del Secretario Municipal al (805) 4492151 o por correo electrónico a [email protected] . Por favor, avísenos con al menos 48 horas de anticipación para que la ciudad pueda hacer los arreglos necesarios.
CONSENT CALENDAR: Matters listed on Consent Calendar that do not require significant reporting and/or discussion for decision or considered to be routine, will be approved by one motion as recommended.
There will be no separate discussion unless Councilmember or staff member requests separate discussion prior to approval.
SUPPLEMENTAL INFORMATION: Any agenda related information received and distributed to the City Council after the Agenda Packet is produced is included in Supplemental Packets. Supplemental Packets are produced as needed, typically a minimum of two—one available on the Thursday preceding the City Council meeting and the second on Tuesday at the meeting. Both the Thursday and Tuesday Supplemental Packets are available for public review on the City’s website.
JUDICIAL REVIEW: Any legal action by an applicant seeking to obtain a judicial review of the City Council’s decision on a Hearing or issue listed on this Agenda may be subject to the 90day filing period, of and governed by, Code of Civil Procedure Section 1094.6. Also refer to TOMC Section 14.05.
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
5. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A. 11/7 Borderline Citywide Day of Remembrance
6. PUBLIC COMMENTS: To be heard before 6:45 p.m. If additional speakers for public comments remain at 6:45 p.m., remainder of speakers may be called at the end of the meeting. (Resolution Nos. 2011066/067)
7. CONSENT CALENDAR:
A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:
Ratify October 26, 2022; approve November 2, 2022, November 9, 2022, November 16, 2022, November 23, 2022, and November 30, 2022, subject to review and ratification
B. Minutes of City Council meeting of October 25, 2022
RECOMMENDATION:
Approve
C. Revised Free Fare Reimbursement Agreement
RECOMMENDATION:
Approve revised Agreement with Ventura County Transportation Commission and other Transit Operators for a College Student Free Ride Program adding new Youth Free Ride program to the Agreement.
D. Authorization to Purchase Electric Actuator Equipment (CI 5633) RECOMMENDATION:
1. Award purchase of 19 electric actuators from Harold Beck & Sons, Inc. (Newtown, PA) in an amount nottoexceed $165,224.20.
2. Authorize expenditure in the amount of $165,224.20 from A/C #6248250685 8400 (CI 5633, Capital Improvements).
3. Authorize staff to advertise for bids for the installation of 19 electric actuators (CI 5633).
E. Purchase of Water Meters and Equipment (CI 4551)
RECOMMENDATION:
Approve budget appropriation and expense in the amount of $315,000 from A/C #61300003419900 (Water Capital Fund, Net Position) as follows: $25,000 to A/C #61380306858400 (CI 4551, Equipment $5000 or more), $290,000 to A/C #613 80306828300 (Cl 4551, Automated Meter Reading Program) for the purchase of Badger Meter, Inc., water meters, meter reading equipment, and associated devices.
F. 19941 Community Facilities District Annual Report
RECOMMENDATION:
Receive and file Annual Report on the 19941 Community Facilities District (Marketplace Public Pedestrian, Traffic Circulation, and Parking Facilities) in compliance with the Local Agency Special Tax Bond and Accountability Act.
G. Santa Monica Mountains Conservancy Advisory Committee Appointment RECOMMENDATION:
Approve the appointment of Kat Selm to serve as the City’s representative to the Santa Monica Mountains Conservancy Advisory Committee for a twoyear term ending September 2024.
H. Building Resilient Infrastructure and Communities Federal Grant RECOMMENDATION:
Authorize City Manager or designee to execute all grantrelated documents, and to submit the subapplication to the California Office of Emergency Services and upon award, return to City Council to accept the grant.
I. ORDINANCE FOR SECOND READING:
ORDINANCE AMENDING THE THOUSAND OAKS BOULEVARD SPECIFIC PLAN (SP20), AND THE THOUSAND OAKS MUNICIPAL CODE BY ADDING SECTION 9
4.2528 IN ARTICLE 25 TO TITLE 9, CHAPTER 4; AMENDING SECTION 94.202 IN ARTICLE 2 TO TITLE 9, CHAPTER 4 ; AMENDING SECTIONS 942105 AND 94 2106 IN ARTICLE 21 TO TITLE 9, CHAPTER 4; AND AMENDING SECTION 94.2402 IN ARTICLE 24 TO TITLE 9, CHAPTER 4, TO MODIFY EXISTING STANDARDS AND ESTABLISH NEW DEVELOPMENT AND ZONING STANDARDS RELATED TO SELFSTORAGE, MINISTORAGE, AND SIMILAR USES IN CERTAIN ZONES (MCA 202270571, SPA 202270799) (Introduced 10/25/2022, 50) ORD. NO. 1706NS
RECOMMENDATION:
Adopt and find that the Specific Plan 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)
J. ORDINANCE FOR SECOND READING:
ORDINANCE TO REPEAL SECTIONS 81.01 THROUGH 81.24 AND CHAPTERS 5, 6, 7, 8, 10, 14, 16, AND 17 OF TITLE 8, AND TO READOPT SECTIONS 81.01 THROUGH 81.24 AND CHAPTERS 5, 6, 7, 8, 10, 14, 16, AND 17 TO TITLE 8 OF THE MUNICIPAL CODE BY ADOPTING BY REFERENCE TITLE 24 2022 CALIFORNIA CODE OF REGULATIONS, INCLUDING THE CALIFORNIA ADMINISTRATIVE CODE, CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA EXISTING BUILDING CODE, CALIFORNIA HISTORICAL BUILDING CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA ENERGY CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA REFERENCED STANDARDS CODE, AND 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE, AND ADDING SECTION 81.27 RELATING TO EMERGENCY HOUSING AND CHAPTER 4 TO TITLE 8 RELATING TO CODE ADMINISTRATION (MCA 202270456) (Introduced 10/25/2022, 50) ORD. NO. 1707NS
RECOMMENDATION:
Adopt
8. PUBLIC HEARINGS:
A. Triennial Public Health Goal Water Quality Report
RECOMMENDATION:
Receive Public Health Goal Report and accept public comments on the City of Thousand Oaks 2022 Triennial Public Health Goals Report.
B. Tax Equity and Fiscal Responsibility Act Hearing for the Benefit of Momentum Agencies
RESOLUTION APPROVING ISSUANCE OF TAXEXEMPT REVENUE BONDS BY CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY NOT TO EXCEED $20,000,000 AGGREGATE PRINCIPAL AMOUNT FOR PURPOSE OF FINANCING AND REFINANCING COST OF ACQUIRING, IMPROVING, DEVELOPING, INSTALLING, EQUIPPING AND FURNISHING OF FACILITIES FOR BENEFIT OF MOMENTUM AGENCIES AND/OR A RELATED ENTITY AND OTHER MATTERS RELATING THERETO HEREIN SPECIFIED
RECOMMENDATION:
1. Conduct a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 to receive comments relating to the issuance by the California Enterprise Development Authority (Authority) of Revenue Bonds nottoexceed $20,000,000 (Bonds) for the benefit of Momentum Agencies, a California nonprofit public benefit corporation (Borrower).
2. Adopt resolution approving the issuance of the Bonds by the Authority to finance, refinance and/or reimburse the cost of the acquisition, improvement, construction, development, installation, equipping, and furnishing of certain facilities for the benefit of the Borrower.
9. STUDY SESSIONS: None
10. DEPARTMENT REPORTS:
A. Hillcrest Site (384 N. Erbes Road) Affordable Housing Developer and Exclusive Negotiating Agreement
RECOMMENDATION:
Select People’s SelfHelp Housing Corporation of San Luis Obispo, California to develop affordable housing at the Hillcrest Site (384 N. Erbes Road) and authorize City Manager to initiate preparation of an Exclusive Negotiating Agreement between the City of Thousand Oaks and People’s SelfHelp Housing Corporation and find that this action is not a project as defined under the California Environmental Quality Act.
B. Inclusionary Housing Plan Update Parameters and Policy Direction RECOMMENDATION:
Discuss and provide direction on inclusionary housing parameters for further analysis in the Inclusionary Housing Plan Update Financial Evaluation and find that this action is not a project as defined under the California Environmental Quality Act.
11. COMMITTEE/COMISSION/BOARD REPORTS: None
12. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None
13. COUNCIL ISSUES/RECOMMENDATIONS: None
14. CITY MANAGER:
A. Announcements and upcoming issues
15. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL – Existing Litigation: G.I. Industries, dba Waste Management, vs. City of Thousand Oaks, Arakelian Enterprises, dba Athens Services; Trial Court Case No.: 56202100554581CUWMVTA; Appellate Case No.: B317201. Pursuant to Government Code Section 54956.9(a).
16. PUBLIC NOTICES: None
17. ADJOURNMENT: Adjourn to Regular Meeting December 6, 2022.
Agenda Post Date/Time: Oct 27, 2022, 5:00P.M.
CCD:61040\h:\common\agenda\2022\110122.docx
City Council
REGULAR MEETING
Tuesday, November 01, 2022, 6:00 PM
Andrew P. Fox City Council Chambers
Public advisory: Face masks are recommended.
You may view the City Council meeting broadcast live on TV (Frontier Channel 3, Spectrum Channel 10), and YouTube (CTO Meetings).
If you would like to submit a written comment, please complete the online Comment Form. Please see Public Input section below for more information.
The Brown Act prohibits a person from having to register to attend a City Council meeting. The Zoom app requires registration if you would like to attend via video/teleconference. If you do not wish to register to attend the City Council meeting via Zoom, City Council chambers is open and accessible to the public.
If you would like to speak on an agenda item REMOTELY (NOT in person), please complete the online Speaker Form. Please see Public Input section below for more information.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the City Council meeting, please contact the City Clerk Department (805) 4492151 within 48 hours of the meeting.
Bob Engler , Mayor
Ed Jones , Mayor Pro Tem
Claudia Billde la Peña , Councilmember
Al Adam, Councilmember
Kevin McNamee, Councilmember
Executive Team
Andrew P. Powers, City Manager Tracy M. Noonan, City Attorney Ingrid Hardy, Assistant City Manager Gary Rogers, Deputy City Manager Kelvin Parker, Community Development Director Jaime Boscarino, Finance Dir./City Treasurer Cynthia M. Rodriguez, City Clerk Clifford G. Finley, Public Works Director Jonathan Serret, Cultural Affairs Director Tim Giles, Human Resources Director Jennifer Patterson, Library Services Director Alexandra South, Strategic Communications/Public Affairs Dir.
Jim Friedl, General Manager, CRPD Jeremy Paris, Police Chief Jeff Shea, Fire Chief
MISSION STATEMENT:
Extraordinary Service to the Citizens We Serve is Our Purpose The following is provided to assist with public participation:
AGENDA AVAILABILITY: The City Council Agenda is posted at the entry to the Civic Arts Plaza/City Hall, 2100 E. Thousand Oaks Boulevard, Thousand Oaks [main posting location pursuant to the Brown Act, G.C. 54954.2(a)]. Agenda packet and “Live and Archived” meetings and minutes are available on the City’s website at www.toaks.org. Televised City Council Meetings are rebroadcast Thursday and Sunday (following meeting) at 10:00 a.m. and 6:00 p.m. on TV (Frontier Channel 3, Spectrum Channel 10).
PUBLIC INPUT: To provide your comments to the City Councilmembers please submit comments via the online Comment Form. Written comment cards will also be available for submission at the meeting. If you would like to speak REMOTELY (NOT in person) on an agenda item during the meeting, please complete the online Speaker Form (you will be asked to provide an email address and telephone number). Be advised that those participating via Zoom do so at their own risk. The City Council meeting will not be cancelled if any technical issues occur during the meeting. If you would like to speak IN PERSON, speaker cards will be available at the meeting and MUST be submitted in person. Doors open at 5:30 p.m. All Ventura County Health requirements will be followed, which may include limited capacity, social distancing, and wearing face masks. Persons addressing the City Council are requested to state their name and community of residence for the record. If you need further assistance, please email the City Clerk Department at [email protected] or call (805) 4492151. Please be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under the applicable law. Communications will NOT be edited for redactions and will be printed/posted as submitted.
SPANISH INTERPRETATION: If you need interpretation of your communications to the City Council from Spanish into English, please contact the City Clerk Department at (805) 4492151 or by email at [email protected] . Notification of at least 48 hours will usually enable the City to make arrangements.
INTERPRETACIÓN AL ESPAÑOL : Si necesita una interpretación del español al inglés para sus comunicaciones al Consejo de la Ciudad, comuníquese con el Departmento del Secretario Municipal al (805) 4492151 o por correo electrónico a [email protected] . Por favor, avísenos con al menos 48 horas de anticipación para que la ciudad pueda hacer los arreglos necesarios.
CONSENT CALENDAR: Matters listed on Consent Calendar that do not require significant reporting and/or discussion for decision or considered to be routine, will be approved by one motion as recommended.
There will be no separate discussion unless Councilmember or staff member requests separate discussion prior to approval.
SUPPLEMENTAL INFORMATION: Any agenda related information received and distributed to the City Council after the Agenda Packet is produced is included in Supplemental Packets. Supplemental Packets are produced as needed, typically a minimum of two—one available on the Thursday preceding the City Council meeting and the second on Tuesday at the meeting. Both the Thursday and Tuesday Supplemental Packets are available for public review on the City’s website.
JUDICIAL REVIEW: Any legal action by an applicant seeking to obtain a judicial review of the City Council’s decision on a Hearing or issue listed on this Agenda may be subject to the 90day filing period, of and governed by, Code of Civil Procedure Section 1094.6. Also refer to TOMC Section 14.05.
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
5. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A. 11/7 Borderline Citywide Day of Remembrance
6. PUBLIC COMMENTS: To be heard before 6:45 p.m. If additional speakers for public comments remain at 6:45 p.m., remainder of speakers may be called at the end of the meeting. (Resolution Nos. 2011066/067)
7. CONSENT CALENDAR:
A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:
Ratify October 26, 2022; approve November 2, 2022, November 9, 2022, November 16, 2022, November 23, 2022, and November 30, 2022, subject to review and ratification
B. Minutes of City Council meeting of October 25, 2022
RECOMMENDATION:
Approve
C. Revised Free Fare Reimbursement Agreement
RECOMMENDATION:
Approve revised Agreement with Ventura County Transportation Commission and other Transit Operators for a College Student Free Ride Program adding new Youth Free Ride program to the Agreement.
D. Authorization to Purchase Electric Actuator Equipment (CI 5633) RECOMMENDATION:
1. Award purchase of 19 electric actuators from Harold Beck & Sons, Inc. (Newtown, PA) in an amount nottoexceed $165,224.20.
2. Authorize expenditure in the amount of $165,224.20 from A/C #6248250685 8400 (CI 5633, Capital Improvements).
3. Authorize staff to advertise for bids for the installation of 19 electric actuators (CI 5633).
E. Purchase of Water Meters and Equipment (CI 4551)
RECOMMENDATION:
Approve budget appropriation and expense in the amount of $315,000 from A/C #61300003419900 (Water Capital Fund, Net Position) as follows: $25,000 to A/C #61380306858400 (CI 4551, Equipment $5000 or more), $290,000 to A/C #613 80306828300 (Cl 4551, Automated Meter Reading Program) for the purchase of Badger Meter, Inc., water meters, meter reading equipment, and associated devices.
F. 19941 Community Facilities District Annual Report
RECOMMENDATION:
Receive and file Annual Report on the 19941 Community Facilities District (Marketplace Public Pedestrian, Traffic Circulation, and Parking Facilities) in compliance with the Local Agency Special Tax Bond and Accountability Act.
G. Santa Monica Mountains Conservancy Advisory Committee Appointment RECOMMENDATION:
Approve the appointment of Kat Selm to serve as the City’s representative to the Santa Monica Mountains Conservancy Advisory Committee for a twoyear term ending September 2024.
H. Building Resilient Infrastructure and Communities Federal Grant RECOMMENDATION:
Authorize City Manager or designee to execute all grantrelated documents, and to submit the subapplication to the California Office of Emergency Services and upon award, return to City Council to accept the grant.
I. ORDINANCE FOR SECOND READING:
ORDINANCE AMENDING THE THOUSAND OAKS BOULEVARD SPECIFIC PLAN (SP20), AND THE THOUSAND OAKS MUNICIPAL CODE BY ADDING SECTION 9
4.2528 IN ARTICLE 25 TO TITLE 9, CHAPTER 4; AMENDING SECTION 94.202 IN ARTICLE 2 TO TITLE 9, CHAPTER 4 ; AMENDING SECTIONS 942105 AND 94 2106 IN ARTICLE 21 TO TITLE 9, CHAPTER 4; AND AMENDING SECTION 94.2402 IN ARTICLE 24 TO TITLE 9, CHAPTER 4, TO MODIFY EXISTING STANDARDS AND ESTABLISH NEW DEVELOPMENT AND ZONING STANDARDS RELATED TO SELFSTORAGE, MINISTORAGE, AND SIMILAR USES IN CERTAIN ZONES (MCA 202270571, SPA 202270799) (Introduced 10/25/2022, 50) ORD. NO. 1706NS
RECOMMENDATION:
Adopt and find that the Specific Plan 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)
J. ORDINANCE FOR SECOND READING:
ORDINANCE TO REPEAL SECTIONS 81.01 THROUGH 81.24 AND CHAPTERS 5, 6, 7, 8, 10, 14, 16, AND 17 OF TITLE 8, AND TO READOPT SECTIONS 81.01 THROUGH 81.24 AND CHAPTERS 5, 6, 7, 8, 10, 14, 16, AND 17 TO TITLE 8 OF THE MUNICIPAL CODE BY ADOPTING BY REFERENCE TITLE 24 2022 CALIFORNIA CODE OF REGULATIONS, INCLUDING THE CALIFORNIA ADMINISTRATIVE CODE, CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA EXISTING BUILDING CODE, CALIFORNIA HISTORICAL BUILDING CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA ENERGY CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA REFERENCED STANDARDS CODE, AND 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE, AND ADDING SECTION 81.27 RELATING TO EMERGENCY HOUSING AND CHAPTER 4 TO TITLE 8 RELATING TO CODE ADMINISTRATION (MCA 202270456) (Introduced 10/25/2022, 50) ORD. NO. 1707NS
RECOMMENDATION:
Adopt
8. PUBLIC HEARINGS:
A. Triennial Public Health Goal Water Quality Report
RECOMMENDATION:
Receive Public Health Goal Report and accept public comments on the City of Thousand Oaks 2022 Triennial Public Health Goals Report.
B. Tax Equity and Fiscal Responsibility Act Hearing for the Benefit of Momentum Agencies
RESOLUTION APPROVING ISSUANCE OF TAXEXEMPT REVENUE BONDS BY CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY NOT TO EXCEED $20,000,000 AGGREGATE PRINCIPAL AMOUNT FOR PURPOSE OF FINANCING AND REFINANCING COST OF ACQUIRING, IMPROVING, DEVELOPING, INSTALLING, EQUIPPING AND FURNISHING OF FACILITIES FOR BENEFIT OF MOMENTUM AGENCIES AND/OR A RELATED ENTITY AND OTHER MATTERS RELATING THERETO HEREIN SPECIFIED
RECOMMENDATION:
1. Conduct a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 to receive comments relating to the issuance by the California Enterprise Development Authority (Authority) of Revenue Bonds nottoexceed $20,000,000 (Bonds) for the benefit of Momentum Agencies, a California nonprofit public benefit corporation (Borrower).
2. Adopt resolution approving the issuance of the Bonds by the Authority to finance, refinance and/or reimburse the cost of the acquisition, improvement, construction, development, installation, equipping, and furnishing of certain facilities for the benefit of the Borrower.
9. STUDY SESSIONS: None
10. DEPARTMENT REPORTS:
A. Hillcrest Site (384 N. Erbes Road) Affordable Housing Developer and Exclusive Negotiating Agreement
RECOMMENDATION:
Select People’s SelfHelp Housing Corporation of San Luis Obispo, California to develop affordable housing at the Hillcrest Site (384 N. Erbes Road) and authorize City Manager to initiate preparation of an Exclusive Negotiating Agreement between the City of Thousand Oaks and People’s SelfHelp Housing Corporation and find that this action is not a project as defined under the California Environmental Quality Act.
B. Inclusionary Housing Plan Update Parameters and Policy Direction RECOMMENDATION:
Discuss and provide direction on inclusionary housing parameters for further analysis in the Inclusionary Housing Plan Update Financial Evaluation and find that this action is not a project as defined under the California Environmental Quality Act.
11. COMMITTEE/COMISSION/BOARD REPORTS: None
12. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None
13. COUNCIL ISSUES/RECOMMENDATIONS: None
14. CITY MANAGER:
A. Announcements and upcoming issues
15. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL – Existing Litigation: G.I. Industries, dba Waste Management, vs. City of Thousand Oaks, Arakelian Enterprises, dba Athens Services; Trial Court Case No.: 56202100554581CUWMVTA; Appellate Case No.: B317201. Pursuant to Government Code Section 54956.9(a).
16. PUBLIC NOTICES: None
17. ADJOURNMENT: Adjourn to Regular Meeting December 6, 2022.
Agenda Post Date/Time: Oct 27, 2022, 5:00P.M.
CCD:61040\h:\common\agenda\2022\110122.docx
City Council
REGULAR MEETING
Tuesday, November 01, 2022, 6:00 PM
Andrew P. Fox City Council Chambers
Public advisory: Face masks are recommended.
You may view the City Council meeting broadcast live on TV (Frontier Channel 3, Spectrum Channel 10), and YouTube (CTO Meetings).
If you would like to submit a written comment, please complete the online Comment Form. Please see Public Input section below for more information.
The Brown Act prohibits a person from having to register to attend a City Council meeting. The Zoom app requires registration if you would like to attend via video/teleconference. If you do not wish to register to attend the City Council meeting via Zoom, City Council chambers is open and accessible to the public.
If you would like to speak on an agenda item REMOTELY (NOT in person), please complete the online Speaker Form. Please see Public Input section below for more information.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the City Council meeting, please contact the City Clerk Department (805) 4492151 within 48 hours of the meeting.
Bob Engler , Mayor
Ed Jones , Mayor Pro Tem
Claudia Billde la Peña , Councilmember
Al Adam, Councilmember
Kevin McNamee, Councilmember
Executive Team
Andrew P. Powers, City Manager Tracy M. Noonan, City Attorney Ingrid Hardy, Assistant City Manager Gary Rogers, Deputy City Manager Kelvin Parker, Community Development Director Jaime Boscarino, Finance Dir./City Treasurer Cynthia M. Rodriguez, City Clerk Clifford G. Finley, Public Works Director Jonathan Serret, Cultural Affairs Director Tim Giles, Human Resources Director Jennifer Patterson, Library Services Director Alexandra South, Strategic Communications/Public Affairs Dir.
Jim Friedl, General Manager, CRPD Jeremy Paris, Police Chief Jeff Shea, Fire Chief
MISSION STATEMENT:
Extraordinary Service to the Citizens We Serve is Our Purpose The following is provided to assist with public participation:
AGENDA AVAILABILITY: The City Council Agenda is posted at the entry to the Civic Arts Plaza/City Hall, 2100 E. Thousand Oaks Boulevard, Thousand Oaks [main posting location pursuant to the Brown Act, G.C. 54954.2(a)]. Agenda packet and “Live and Archived” meetings and minutes are available on the City’s website at www.toaks.org. Televised City Council Meetings are rebroadcast Thursday and Sunday (following meeting) at 10:00 a.m. and 6:00 p.m. on TV (Frontier Channel 3, Spectrum Channel 10).
PUBLIC INPUT: To provide your comments to the City Councilmembers please submit comments via the online Comment Form. Written comment cards will also be available for submission at the meeting. If you would like to speak REMOTELY (NOT in person) on an agenda item during the meeting, please complete the online Speaker Form (you will be asked to provide an email address and telephone number). Be advised that those participating via Zoom do so at their own risk. The City Council meeting will not be cancelled if any technical issues occur during the meeting. If you would like to speak IN PERSON, speaker cards will be available at the meeting and MUST be submitted in person. Doors open at 5:30 p.m. All Ventura County Health requirements will be followed, which may include limited capacity, social distancing, and wearing face masks. Persons addressing the City Council are requested to state their name and community of residence for the record. If you need further assistance, please email the City Clerk Department at [email protected] or call (805) 4492151. Please be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under the applicable law. Communications will NOT be edited for redactions and will be printed/posted as submitted.
SPANISH INTERPRETATION: If you need interpretation of your communications to the City Council from Spanish into English, please contact the City Clerk Department at (805) 4492151 or by email at [email protected] . Notification of at least 48 hours will usually enable the City to make arrangements.
INTERPRETACIÓN AL ESPAÑOL : Si necesita una interpretación del español al inglés para sus comunicaciones al Consejo de la Ciudad, comuníquese con el Departmento del Secretario Municipal al (805) 4492151 o por correo electrónico a [email protected] . Por favor, avísenos con al menos 48 horas de anticipación para que la ciudad pueda hacer los arreglos necesarios.
CONSENT CALENDAR: Matters listed on Consent Calendar that do not require significant reporting and/or discussion for decision or considered to be routine, will be approved by one motion as recommended.
There will be no separate discussion unless Councilmember or staff member requests separate discussion prior to approval.
SUPPLEMENTAL INFORMATION: Any agenda related information received and distributed to the City Council after the Agenda Packet is produced is included in Supplemental Packets. Supplemental Packets are produced as needed, typically a minimum of two—one available on the Thursday preceding the City Council meeting and the second on Tuesday at the meeting. Both the Thursday and Tuesday Supplemental Packets are available for public review on the City’s website.
JUDICIAL REVIEW: Any legal action by an applicant seeking to obtain a judicial review of the City Council’s decision on a Hearing or issue listed on this Agenda may be subject to the 90day filing period, of and governed by, Code of Civil Procedure Section 1094.6. Also refer to TOMC Section 14.05.
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
5. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A. 11/7 Borderline Citywide Day of Remembrance
6. PUBLIC COMMENTS: To be heard before 6:45 p.m. If additional speakers for public comments remain at 6:45 p.m., remainder of speakers may be called at the end of the meeting. (Resolution Nos. 2011066/067)
7. CONSENT CALENDAR:
A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:
Ratify October 26, 2022; approve November 2, 2022, November 9, 2022, November 16, 2022, November 23, 2022, and November 30, 2022, subject to review and ratification
B. Minutes of City Council meeting of October 25, 2022
RECOMMENDATION:
Approve
C. Revised Free Fare Reimbursement Agreement
RECOMMENDATION:
Approve revised Agreement with Ventura County Transportation Commission and other Transit Operators for a College Student Free Ride Program adding new Youth Free Ride program to the Agreement.
D. Authorization to Purchase Electric Actuator Equipment (CI 5633) RECOMMENDATION:
1. Award purchase of 19 electric actuators from Harold Beck & Sons, Inc. (Newtown, PA) in an amount nottoexceed $165,224.20.
2. Authorize expenditure in the amount of $165,224.20 from A/C #6248250685 8400 (CI 5633, Capital Improvements).
3. Authorize staff to advertise for bids for the installation of 19 electric actuators (CI 5633).
E. Purchase of Water Meters and Equipment (CI 4551)
RECOMMENDATION:
Approve budget appropriation and expense in the amount of $315,000 from A/C #61300003419900 (Water Capital Fund, Net Position) as follows: $25,000 to A/C #61380306858400 (CI 4551, Equipment $5000 or more), $290,000 to A/C #613 80306828300 (Cl 4551, Automated Meter Reading Program) for the purchase of Badger Meter, Inc., water meters, meter reading equipment, and associated devices.
F. 19941 Community Facilities District Annual Report
RECOMMENDATION:
Receive and file Annual Report on the 19941 Community Facilities District (Marketplace Public Pedestrian, Traffic Circulation, and Parking Facilities) in compliance with the Local Agency Special Tax Bond and Accountability Act.
G. Santa Monica Mountains Conservancy Advisory Committee Appointment RECOMMENDATION:
Approve the appointment of Kat Selm to serve as the City’s representative to the Santa Monica Mountains Conservancy Advisory Committee for a twoyear term ending September 2024.
H. Building Resilient Infrastructure and Communities Federal Grant RECOMMENDATION:
Authorize City Manager or designee to execute all grantrelated documents, and to submit the subapplication to the California Office of Emergency Services and upon award, return to City Council to accept the grant.
I. ORDINANCE FOR SECOND READING:
ORDINANCE AMENDING THE THOUSAND OAKS BOULEVARD SPECIFIC PLAN (SP20), AND THE THOUSAND OAKS MUNICIPAL CODE BY ADDING SECTION 9
4.2528 IN ARTICLE 25 TO TITLE 9, CHAPTER 4; AMENDING SECTION 94.202 IN ARTICLE 2 TO TITLE 9, CHAPTER 4 ; AMENDING SECTIONS 942105 AND 94 2106 IN ARTICLE 21 TO TITLE 9, CHAPTER 4; AND AMENDING SECTION 94.2402 IN ARTICLE 24 TO TITLE 9, CHAPTER 4, TO MODIFY EXISTING STANDARDS AND ESTABLISH NEW DEVELOPMENT AND ZONING STANDARDS RELATED TO SELFSTORAGE, MINISTORAGE, AND SIMILAR USES IN CERTAIN ZONES (MCA 202270571, SPA 202270799) (Introduced 10/25/2022, 50) ORD. NO. 1706NS
RECOMMENDATION:
Adopt and find that the Specific Plan 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)
J. ORDINANCE FOR SECOND READING:
ORDINANCE TO REPEAL SECTIONS 81.01 THROUGH 81.24 AND CHAPTERS 5, 6, 7, 8, 10, 14, 16, AND 17 OF TITLE 8, AND TO READOPT SECTIONS 81.01 THROUGH 81.24 AND CHAPTERS 5, 6, 7, 8, 10, 14, 16, AND 17 TO TITLE 8 OF THE MUNICIPAL CODE BY ADOPTING BY REFERENCE TITLE 24 2022 CALIFORNIA CODE OF REGULATIONS, INCLUDING THE CALIFORNIA ADMINISTRATIVE CODE, CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA EXISTING BUILDING CODE, CALIFORNIA HISTORICAL BUILDING CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA ENERGY CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA REFERENCED STANDARDS CODE, AND 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE, AND ADDING SECTION 81.27 RELATING TO EMERGENCY HOUSING AND CHAPTER 4 TO TITLE 8 RELATING TO CODE ADMINISTRATION (MCA 202270456) (Introduced 10/25/2022, 50) ORD. NO. 1707NS
RECOMMENDATION:
Adopt
8. PUBLIC HEARINGS:
A. Triennial Public Health Goal Water Quality Report
RECOMMENDATION:
Receive Public Health Goal Report and accept public comments on the City of Thousand Oaks 2022 Triennial Public Health Goals Report.
B. Tax Equity and Fiscal Responsibility Act Hearing for the Benefit of Momentum Agencies
RESOLUTION APPROVING ISSUANCE OF TAXEXEMPT REVENUE BONDS BY CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY NOT TO EXCEED $20,000,000 AGGREGATE PRINCIPAL AMOUNT FOR PURPOSE OF FINANCING AND REFINANCING COST OF ACQUIRING, IMPROVING, DEVELOPING, INSTALLING, EQUIPPING AND FURNISHING OF FACILITIES FOR BENEFIT OF MOMENTUM AGENCIES AND/OR A RELATED ENTITY AND OTHER MATTERS RELATING THERETO HEREIN SPECIFIED
RECOMMENDATION:
1. Conduct a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 to receive comments relating to the issuance by the California Enterprise Development Authority (Authority) of Revenue Bonds nottoexceed $20,000,000 (Bonds) for the benefit of Momentum Agencies, a California nonprofit public benefit corporation (Borrower).
2. Adopt resolution approving the issuance of the Bonds by the Authority to finance, refinance and/or reimburse the cost of the acquisition, improvement, construction, development, installation, equipping, and furnishing of certain facilities for the benefit of the Borrower.
9. STUDY SESSIONS: None
10. DEPARTMENT REPORTS:
A. Hillcrest Site (384 N. Erbes Road) Affordable Housing Developer and Exclusive Negotiating Agreement
RECOMMENDATION:
Select People’s SelfHelp Housing Corporation of San Luis Obispo, California to develop affordable housing at the Hillcrest Site (384 N. Erbes Road) and authorize City Manager to initiate preparation of an Exclusive Negotiating Agreement between the City of Thousand Oaks and People’s SelfHelp Housing Corporation and find that this action is not a project as defined under the California Environmental Quality Act.
B. Inclusionary Housing Plan Update Parameters and Policy Direction RECOMMENDATION:
Discuss and provide direction on inclusionary housing parameters for further analysis in the Inclusionary Housing Plan Update Financial Evaluation and find that this action is not a project as defined under the California Environmental Quality Act.
11. COMMITTEE/COMISSION/BOARD REPORTS: None
12. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None
13. COUNCIL ISSUES/RECOMMENDATIONS: None
14. CITY MANAGER:
A. Announcements and upcoming issues
15. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL – Existing Litigation: G.I. Industries, dba Waste Management, vs. City of Thousand Oaks, Arakelian Enterprises, dba Athens Services; Trial Court Case No.: 56202100554581CUWMVTA; Appellate Case No.: B317201. Pursuant to Government Code Section 54956.9(a).
16. PUBLIC NOTICES: None
17. ADJOURNMENT: Adjourn to Regular Meeting December 6, 2022.
Agenda Post Date/Time: Oct 27, 2022, 5:00P.M.
CCD:61040\h:\common\agenda\2022\110122.docx
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California October 25, 2022
1. CALL TO ORDER: Mayor Bob Engler called the meeting to order at 6:00 p.m. in Council Chambers, 2100 Thousand Oaks Boulevard, Thousand Oaks, California.
2. PLEDGE OF ALLEGIANCE: Mayor Engler led the pledge of allegiance.
3. ROLL CALL:
Present: Councilmembers Bill-de la Peña, Adam (6:02 p.m.), McNamee, Jones, and Mayor Engler present in chambers.
Also present: City Manager Andrew P. Powers, City Attorney Tracy M. Noonan, Assistant City Manager Ingrid Hardy, City Clerk Cynthia M. Rodriguez, Finance Director Jaime Boscarino, Community Development Director Ke lvin Parker, Public Works Director Cliff Finley, Cultural Affairs Director Jonathan Se rret, Human Resources Director Tim Giles, Library Services Director Jennifer Patterson, Strategic Communicati ons/Public Affairs Director Alexandra South, Police Chief Jeremy Paris, Fire Chief Jeff Shea, Senior Planner Scott Kolwitz, Building Official Jesse De Anda, Community Development Analyst Lynn Oshita, Sustainability Division Manager Helen Cox, Assistant to the City Manager Melissa Hurtado, Deputy City Clerk Laura Maguire, In formation Technology Supervisor Atanas Beltchev, Cable Operations Supervisor Carl Jarecky, Senior Video Specialist Richard Swingler, and Assistant Analyst Sandra Delgado.
4. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
None.
5. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS: None.
Councilmember Adam absent 6:00 p.m.; present 6:02 p.m.
6. PUBLIC COMMENTS: To be heard before 6:45 p.m. If additional speakers for public comments remain at 6:45 p.m. , remainder of speakers may be called at the end of the meeting. (Resolution Nos. 2011-066/067)
Speakers: Rosanna Guerra, Thousand Oaks; Bob Ayers, Thousand Oaks; George Senko, Thousand Oaks; Madhu Hebbar, Thousand Oaks; Sabitha Hebbar, Thousand Oaks; Pavan Kanugo, Newbury Park (provided plaque); P eggy Jo Smith, Newbury Park; Jimmy Washington, Newbury Park; Bruce Udelf, Newbury Park; George Rosenthal, Newbury Park; Jeff Schwartz, Thousand Oaks.
City Manager Powers addressed public comments.
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 2 October 25, 2022
7. CONSENT CALENDAR:
Additional information supplemental packet pertaining to Item 7.J. and Item 7.K.
A. General, Utilities, Golf Course, and Theatres Demands
RECOMMENDATION:
Ratify October 12, 2022, and Oct ober 19, 2022; approve October 26, 2022, subject to review and ratification
Motion by Councilmember Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
B. Minutes of City Council meeting of October 11, 2022
RECOMMENDATION:
Approve
Motion by Councilmember Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
C. Annual Solid Waste Rate Adjustment for 2023
RESOLUTION ESTABLISHING 2023 RESIDENTIAL AND COMMERCIAL
SOLID WASTE RATE SCHEDULES
RES. NO. 2022-050
RECOMMENDATION:
Adopt resolution approving annual rate adjustments for solid waste collection services effective January 1, 2023.
Motion by Councilmember Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 3 October 25, 2022
7. CONSENT CALENDAR: (Continued)
D. Purchase of Backhoes - Agreement
RECOMMENDATION:
1. Approve “piggyback” purchase of three John Deere backhoes from Coastline Equipment (Oxnard, CA) through Sourcewell, Contract #032119-JDC.
2. Approve expenditure from FY 2022-23 in the amount of $356,930.53 as follows:
$237,953.69 from A/C #001-5610-631-84-00 (S treet Maintenance Equipment Over $5,000) for replacement of vehicles #5610-310 and #5610-320 and $118,976.84 from A/C #611- 8030-685-84-00 (Water Maintenance Equipment Over $5,000) for replacement of vehicle #8030-227.
Motion by Councilmember Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
E. Fiscal Year 2022-23 Transportation Development Act Funds Additional Funding
RESOLUTION AUTHORIZING A CLAIM FOR ALLOCATION OF FY 2022-23
FUNDS FROM VENTURA COUNTY LOCAL TRANSPORTATION FUNDS AS OUTLINED IN THE 1971 TRANSPORTATION DEVELOPMENT ACT
RES. NO. 2022-051
RECOMMENDATION:
Adopt resolution authorizing staff to file a claim wit h Ventura County Transportation Commission (VCTC) for th e Transportation Development Act (TDA) allocation of $6,020,088 from the Local Transportation Fund (LTF) and an estimated $60,000 from the State Transit Assistance (STA) and State of Good Repair (SGR) funds.
Motion by Councilmember Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 4 October 25, 2022
7. CONSENT CALENDAR: (Continued)
F. Citywide Uniform Contract
RECOMMENDATION:
1. Approve “piggyback” agreement usi ng the Prince William County Public Schools, VA uniform contract through Om nia Partners with award to Cintas Corporation (Mason, OH) for uniforms, ot her related rental items, and laundry services for a three-year period, beginning December 1, 2022 through October 31, 2025, with an option to renew for one additional two-year period through October 31, 2027.
2. Authorize expenditure of an amount not-to-exceed $70,000 annually from various department accounts.
Motion by Councilmember Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
G. Purchasing Agreements for Inventory Materials and Parts Supplies
RECOMMENDATION:
1. Approve Agreements wit h four vendors: Famcon Pi pe and Supply, Inc. of Oxnard, CA, Ferguson Enterprises Inc. DBA Ferguson Waterworks A Wolseley Company of Ventura, CA, Astra Industrial Services, Inc. of Newbury Park, CA, and Pollard Water Inc. of Ventura, CA, fo r a not-to-exceed amoun t of $1,250,000 for each vendor for the term of November 1, 2022 through June 30, 2027.
2. Approve annual expenditure in the amount of $250,000 for each vendor for FY 2022-23, FY 2023-24, FY 2024-25, FY 2025-26, and FY 2026-27 respectively from various accounts.
Motion by Councilmember Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 5 October 25, 2022
7. CONSENT CALENDAR: (Continued)
H. 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 F und, 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).
Motion by Councilmember Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
I. 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 B oard for a term of three-years ending December 31, 2025.
Motion by Councilmember Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
J. 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 Roundta ble for two-year terms, effective November 16, 2022.
Motion by Councilmember Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 6 October 25, 2022
7. CONSENT CALENDAR: (Continued)
K. Ventura County Fire Protection Distric t Ordinance Pertaining to City Building Standards
RESOLUTION RATIFYING VENTURA COUNTY FIRE PROTECTION DISTRICT ORDINANCE NO. 32, ADOPTING BY REFERENCE THE 2022 CALIFORNIA FIRE CODE, INCLUDING, BUT NOT LI MITED TO, CHAPTER 5 AMENDING SECTION 507, CHAPTER 9, AND APPENDIX B THER EOF, WITH CERTAIN ADDITIONS, DELETIONS AND AMENDMENTS; AND PORTIONS OF THE 2021
INTERNATIONAL FIRE CODE, WITH CERTAIN ADDITIONS, DELETIONS AND AMENDMENTS; PERTAINING TO BU ILDING STANDARDS WITHIN THE
JURISDICTIONAL BOUNDARIES OF THE CITY OF THOUSAND OAKS
RES. NO. 2022-052
RECOMMENDATION:
1. Adopt resolution to ratify Chapter 9 of Ventura County Fire Protection District Ordinance No. 32, which allows the Vent ura 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 findi ngs 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.
Motion by Councilmember Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 7 October 25, 2022
7. CONSENT CALENDAR: (Continued)
L. Land Management System Project Management
RECOMMENDATION:
1. Authorize City Manager to execute amendment to profe ssional services agreement with Park Consulting Gr oup 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 expendi ture 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.
Motion by Councilmember Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
M. ORDINANCE FOR SECOND READING
ORDINANCE AMENDING THE THOU SAND OAKS MUNICIPAL CODE BY ADDING ARTICLE 37 TO TITLE 9, CHAPTER 4; MODIFYING SECTIONS 9-
4.202 AND 9-4.2202; AND A DDING SECTION 9-3.305 TO TITLE 9, CHAPTER 3, ARTICLE 3 TO UPDATE THE CI TY’S ZONING REGULATIONS TO IMPLEMENT 2021 SENATE BILL NO. 9 (SB 9), INCLUDING THE ADDITION OF
A MINISTERIAL PROCESS FOR THE APPROVAL OF URBAN LOT SPLITS AND TWO-UNIT HOUSING DEVELOPMENTS (MCA-2022-70465) (Introduced 10/11/2022; 4-0, McNamee absent)
ORD. NO. 1704-NS
RECOMMENDATION:
Adopt
Motion by Councilmember Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 8 October 25, 2022
7. CONSENT CALENDAR: (Continued)
N. ORDINANCE FOR SECOND READING
ORDINANCE REPEALING IN ITS ENTIRE TY CHAPTER 2, ARTICLE 11 OF TITLE 10 AND ADDING CHAPTER 2, ARTICLE 11 OF TITLE 10 ADOPTING REGULATIONS FOR WATER CONSERVATION (Introduced 10/11/2022; 4-0, McNamee absent)
ORD. NO. 1705-NS
RECOMMENDATION:
Adopt
Motion by Councilmember Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 9 October 25, 2022
8. PUBLIC HEARINGS:
A. Self-Storage Facilities Municipal Code Amendment (2022-70571) and Specific Plan Amendment 20 (2022-70799)
ORDINANCE AMENDING THE THOUSA ND OAKS BOULEVARD SPECIFIC PLAN (SP-20), AND THE THOUSAND OAKS MUNICIPAL CO DE BY ADDING SECTION 9-4.2528 IN ARTICLE 25 TO TITLE 9, CHAPTER 4; AMENDING SECTION 9-4.202 IN ARTICLE 2 TO TITLE 9, CHAPTER 4; AMENDING SECTIONS 9-4-2105 AND 9-4-2106 IN ARTI CLE 21 TO TITLE 9, CHAPTER 4; AND AMENDING SECTION 9-4.2402 IN ARTICLE 24 TO TITLE 9, CHAPTER 4,
TO MODIFY EXISTING STANDARDS AND ESTABLISH NEW DEVELOPMENT
AND ZONING STANDARDS RELATED TO SELF-STORAGE, MINI-STORAGE, AND SIMILAR USES IN CERTAIN ZONES (MCA-2022-70571, SPA 2022-70799) 1ST READING
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 amendment s to the Thousand Oaks Boulevard Specific Plan Appendix A (Land Use T able) 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.
Hearing, advertised as required by law, opened to consider item. Presented by Senior Planner Kolwitz. Community De velopment Director Parker and City Attorney Noonan responded to questions. Planning Division Manager Steve Kearns available for questions. Addi tional information supplemental packet including ex parte communications fr om Mayor Engler and Councilmembers Adam and McNamee.
Speakers: Monica Merryman, Executiv e Director, Cancer Support Community, con; Tom Cohen, representing Public Storage, card unmarked; Ryan Leaderman, Holland & Knight, LLP, con.
Written Statements: To m Cohen, Cohen Land Use Law , LLP; Joanne Geiler, President, SoCal Self-Storage, LLC; Moni ca E. Merryman, Executive Director, Cancer Support Community; Ryan M. Leade rman, Holland & Knight, LLP; David P. Lanferman, Rutan & Tucker, LLP.
Mayor Engler closed the public hearing.
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 10 October 25, 2022
8. PUBLIC HEARINGS: (Continued)
Motion by Councilmember Adam to approve staff’s recommendation , with the following amendments:
Add caretaker/security camera option as noted in the 5:00 p.m. supplemental packet;
Retail/mixed use front requirement as optional instead of mandatory for new facilities or new expansions;
Authorize expansions of existing legally nonconforming use sites up to 10% or 8,000 S.F. expansion on the same parcel exterior or allow expansion within entire existing building footprint; and
Add additional language allowing reconstruction of legally nonconforming use destroyed buildings to be rebuilt as noted in the 5:00 p.m. supplemental packet.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
City Council recess 8:16 p.m.; reconvened at 8:28 p.m.
B. 2022 California Building Standards Code with Local Amendments (MCA 2022- 70456)
ORDINANCE TO REPEAL SECTIONS 8-1.01 THROUGH 8-1.24 AND
CHAPTERS 5, 6, 7, 8, 10, 14, 16, AND 17 OF TI TLE 8, AND TO READOPT SECTIONS 8-1.01 THROUGH 8-1.24 AND CHAPTERS 5, 6, 7, 8, 10, 14, 16, AND 17 TO TITLE 8 OF THE MUNICIPAL CODE BY ADOPTING BY REFERENCE TITLE 24 2022 CALIFORNIA CODE OF REGULATIONS, INCLUDING THE
CALIFORNIA ADMINISTRATIVE CO DE, CALIFORNIA BUILDING CODE,
CALIFORNIA RESIDENTIAL CODE, CALIFORNIA EXISTING BUILDING CODE,
CALIFORNIA HISTORICAL BUILDI NG CODE, CALIFORNIA MECHANICAL
CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA ELECTRICAL CODE,
CALIFORNIA ENERGY CODE, CALIFO RNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA REFERENCED STANDARDS CODE, AND 2021
INTERNATIONAL PROPERTY MAINTENANCE CODE, AND ADDING SECTION 8-1.27 RELATING TO EM ERGENCY HOUSING AND CHAPTER 4 TO TITLE 8 RELATING TO CODE ADMINISTRATION (MCA 2022-70456)
1ST READING
RECOMMENDATION:
Read ordinance in title only, further r eading to be waived, and if no objection, introduce ordinance to approve MCA 2022–70456 amending the Thousand Oaks Municipal Code (TOMC) by repealing sections 8- 1.01 through 8.1.24 and chapters 5, 6, 7, 8, 10, 14, 16, and 17 of Title 8, and to readopt, thereby updating those construction standards to comply with the 2022 Calif ornia Code of Regulations Title 24 and the California H ealth and Safety Code (California State Building Code).
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 11 October 25, 2022
8. PUBLIC HEARINGS: (Continued)
Hearing, advertised as required by law, opened to consider item. Presented by Building Official De Anda. Communi ty Development Director Parker and Sustainability Division Manager Cox responded to questions. Additional information supplemental packet.
Speakers: Clint Fultz, Thousand Oaks; Kat Selm, Thousand Oaks; Faith Grant, city of residence unknown.
Written Statements: Michael Chiacos, Director, Climat e Council, pro; Gordon Clint, Newbury Park; Barbara Leighton, Newbury Park; Jackson Piper, Newbury Park, pro; Rose Ann Witt, Co-Founder, Conejo Climate Coalition.
Mayor Engler closed the public hearing.
Motion by Councilmember Bill-de la Peña to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
9. STUDY SESSIONS: None
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 12 October 25, 2022
10. DEPARTMENT REPORTS:
A. 2022 Bella Vista Apar tments (2011-2025 Los Feliz Drive) Refinance
RESOLUTION RESCINDING RESOLUTION NOS. 2019-040 AND 2019-041
AND APPROVING AND AUTHORIZIN G EXECUTION OF ASSIGNMENT,
ASSUMPTION AND FIRST AMENDMEN T TO REGULATORY AGREEMENT
AND DECLARATION OF RESTRICTIV E COVENANTS, FORGIVENESS OF
GRANT, MODIFICATION OF LOAN DOCUMENTS, CONSENT TO PROPERTY
TRANSFER AND ASSIGNMENT OF LOAN DOCUMENTS, AND
SUBORDINATION OF CITY INTEREST S TO DEEDS OF TRUST SECURING NEW LOANS AND RELATED REGULATO RY AGREEMENTS FOR THE 2022
REFINANCE OF THE BELLA VISTA APARTMENTS AND RELATED MATTERS
RES. NO. 2022-053
RECOMMENDATION:
Adopt resolution to rescind Resolu tion Nos. 2019-040 and 2019-041 and to approve and authorize City Manager to fi nalize and execute Assignment and Assumption and First Amendment to Regul atory Agreement an d Declaration of Restrictive Covenants, forgiveness of gr ant, modification of loan documents, consent to property transfer and assignment of loan documents, and subordination of City interests to deeds of trust se curing new loans and related regulatory agreements for the 2022 refinance of t he Bella Vista Apartments and related matters.
Presented by Community Development Analyst Oshita. Many Mansions President Rick Schroeder responded to questions.
Speaker/Written Statement: None.
Motion by Councilmember Bill-de la Peña to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 13 October 25, 2022
11. COMMITTEE/COMISSION/BOARD REPORTS: None
12. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None
13. COUNCIL ISSUES/RECOMMENDATIONS: None
14. CITY MANAGER:
A. Announcements and upcoming issues
City Manager Powers provided an update on the November 1, 2022, City Council meeting.
15. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL – Existing Litigation: Scott Murphy vs.
City of Thousand Oaks; Case No.: 56-2019-00523746-CU-PO-VTA; Pursuant to Government Code Section 54956.9(a).
B. CONFERENCE WITH LEGAL COUNSEL – Existing Litigation: Katelyn Clint vs.
City of Thousand Oaks, et al. Ventura County Superior Court Case Number: 56- 2021-00551445-CU-PA-VTA; Pursuant to Government Code Section 54956.9(a).
City Attorney Noonan announced Closed Session held at 9:18 p.m. and indicated no announcement anticipated.
16. PUBLIC NOTICES: None
17. ADJOURNMENT: City Council adjourned at 9:40 p.m. to Regular Meeting on November 1, 2022.
_______________________________
B o b E n g l e r , M a y o r
City of Thousand Oaks City Council
Attest:
__________________________________
Cynthia M. Rodriguez, City Clerk
City of Thousand Oaks City Council
AGENDA POSTED: October 20, 2022
MINUTES APPROVED: November 1, 2022
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.
Item No.7B
TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:November 1, 2022
SUBJECT: Revised Free Fare Reimbursement Agreement
RECOMMENDATION:
Approve revised Agreement with Ventura County Transportation Commission and other Transit Operators for a College Student Free Ride Program adding new Youth Free Ride program to the Agreement.
FINANCIAL IMPACT:
No Additional Funding Requested. City will receive a minimum of $1.10 in fare reimbursement for each bus ride provided under this program. There is no negative impact to farebox collection, as the reimbursement rate exceeds Thousand Oaks Transit’s current average fare collection per rider of approximately $0.42 (fares are currently half fare though prior City Council action until the end of calendar year 2022).
BACKGROUND:
The City has provided local transit services to residents since the mid-1970s.
Thousand Oaks Transit (TOT), established in 1981, provides fixed route and commuter bus service, Senior Dial-A-Ride (DAR), and Americans with Disabilities Act (ADA) para-transit services to residents of Thousand Oaks.
In 2018, Ventura County Transportation Commission (VCTC) staff proposed a new free fare program for Ventura County permitting college students with a valid ID to ride free on all Ventura County based bus services. The program is funded using Low Carbon Transit Operations Program (LCTOP) funding of approximately $550,000 per year. City Council approved participation in the program in June 2018 and approved a revised reimbursement agreement in September 2019. That College Free Ride program is still currently offered and funded through at least the end of the current fiscal year. The City has participated directly in funding the program the past three years by contributing its share of LCTOP funds annually ($7,150 in FY 2021-22).
Item No.7C
Revised Free Fare Reimbursement Agreement
November 1, 2022
4 1
8 The College Free Ride fare project allocated funding from this program to provide free transit fares to eligible (enrolled) college/university students at all three area community colleges, California State University Channel Islands, and California Lutheran University.
Fiscal year 2021-22, VCTC proposed expanding the College Free Ride program to include all school-aged youth (grades 1 - 12) and was recently notified by the State of approval for the program using this year’s allocation of LCTOP funds.
The addition of all school-aged youth to the program necessitates the need for changes to the 2019 fare reimbursement agreement to include this new program.
A new agreement will replace the 2019 version.
DISCUSSION/ANALYSIS:
LCTOP is one of several programs that are part of the Transit, Affordable Housing, and Sustainable Communities Program established by the California Legislature in 2014 by Senate Bill 862 using funds from the Cap-and-Trade program.
The goal of both the College Free Ride and Youth Free Ride programs is to increase the transit mode share of this growing, but financially impacted, segment of the community. Additionally, the bus user data helps assist agencies in making future countywide transit service and route planning improvements.
Because the existing College Free Ride program is already adequately funded, and additional funding is available, VCTC proposed expanding the program this year to all school-aged youth in the County. This will be a direct benefit to all school students that currently use public transportation as their primary means of traveling to and from school with the additional benefit of being able to use any bus service in Ventura County free of charge at any time.
Staff recommends approval of the revised multi-agency Agreement (Attachment #1) as part of the City’s on-going efforts to increase participation in public transit and improving regional services.
Community Outreach: Outreach to students is coordinated by VCTC and includes print and radio advertisements, social media and website postings, and on-board vehicle display advertising. Additionally, local agencies, including TOT, assist promotion efforts through individual website and social media outreach.
Item No.7C
Revised Free Fare Reimbursement Agreement
November 1, 2022
4 1
8 COUNCIL GOAL COMPLIANCE:
Meets the following City Council goals:
C. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California's most desirable places to live, work, visit, recreate, and raise a family.
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: Mike Houser, Transit Program Manager
Attachments:
Attachment #1 – 2022 Revised Free Fare Reimbursement Agreement DPW: 940-10\mh\etm\ev\Council\2022\1101\Free Fare Reimbursement Agreement staff report.docx Item No.7C
ATTACHMENT #1
DPW: 940-10\mh\etm\ev\Council\2022\1101\Free Fare Reimbursement Agreement Att 1.docx
Reimbursement Agreement for Transit Providers
AGREEMENT BETWEEN VCTC AND VENTURA COUNTY TRANSIT OPERATORS: CITY OF
THOUSAND OAKS, CITY OF MOORPARK, CITY OF CAMARILLO, CITY OF OJAI, CITY OF
SIMI VALLEY AND GOLD COAST TRANSIT DISTRICT
For good and sufficient consideration, the receipt of which is hereby acknowledged, this Agreement is made and entered into by and among the Ventura County Transportation Commission (VCTC) and the City of Thousand Oaks/Thousand Oaks Transit, City of Moorpark/Moorpark City Transit, City of Camarillo/Camarillo Area Transit, City of Ojai/Ojai Trolley, City of Simi Valley/Simi Valley Transit, Gold Coast Transit District referred to herein individually as “AGENCY” and collectively as “AGENCIES.” Together, VCTC and the AGENCIES are collectively referred to herein as “Parties.”
WHEREAS, VCTC and AGENCIES are party to that Reimbursement Agreement for Transit Providers entered into as of ________ day of ______________ 20_______ (“Prior Agreement”); and
WHEREAS, the Prior Agreement only outlined procedures for reimbursement of the College Ride Program; and
WHEREAS, the Parties desire to repeal and replace the Prior Agreement and enter into this new Reimbursement Agreement for Transit Providers, which outlines procedures and obligations applicable to all of the Free Fare transit programs: College Ride Program, Youth Free Ride Program, and Free Fare Days; and
In light of the foregoing, the Parties agree as follows:
Section 1: Termination of Prior Agreement.
By executing this Agreement, the Parties agree that the Prior Agreement is terminated and shall be void and of no further effect. This Reimbursement Agreement for Transit Providers shall govern the relationship of the Parties as to the Free Fare transit programs.
Section 2: Purpose
The purpose of this Agreement is to outline the terms, conditions, and obligations for the VCTC to cooperatively provide reimbursement for the use of AGENCIES’ services for Free Fare programs such as the College Ride Program, the Youth Ride Free program or Free Fare days.
Section 3: Program Funding Eligibility
a) College Ride Program. Enrolled College Students, eligible to ride through the College Ride Program, are those individual college and university students currently enrolled at the Eligible Schools. Eligible Schools include the California State University Channel Islands, the Ventura County Community College District, California Lutheran University, University of California Santa Barbara and Santa Barbara City College.
Item No.7C
DPW: 940-10\mh\etm\ev\Council\2022\1101\Free Fare Reimbursement Agreement Att 1.docx
b) Youth Free Ride Program. Youth 18 and under and those enrolled in continuation schools are eligible to ride free through the Youth Ride Free program. c) Fare Free Days. The Parties may elect to hold Free Fare days where all passengers ride transit free. When funding is available and agreed upon in writing in advance by VCTC, VCTC will reimburse the Agencies for free rides taken on these days.
Section 4: Term
This Agreement is effective as of September 1, 2022 and shall continue in full force unless or until the Agreement is terminated pursuant to Section 8 below.
Section 5: Operation
The responsibilities of the AGENCIES with respect to the Free Fare Programs are as follows:
a)Fare Collection:
i. College Ride passengers shall provide the transit vehicle operator (driver) the passenger’s individual student identification card from the Eligible Schools or the Approved Alternative Fare Media. Approved Alternative Fare Media shall be mutually agreed upon by the AGENCIES prior to acceptance. The collecting AGENCY shall record the ridership data by route for each Eligible School boarding. ii. Youth Ride Free passengers do not have to show proof of age, except for those that appear to be 18 or older, which is to be determined by the drivers’ discretion.
The collecting AGENCY shall record the ridership data by route for each boarding. iii. For Free Fare days, the collecting AGENCY shall record the ridership data by route for each boarding.
This data may be captured manually using “Tally Sheets” OR collected using on-board vehicle technology. The per-route boardings data will be provided as backup to the AGENCIES invoice.
b)Reimbursement: An accounting invoice listing the number of boardings by each Free Fare boarding type; College Ride, Youth Ride Free or Free Fare Day, will be submitted no more than once a month to the VCTC. As backup, the Tally Sheets OR original, unedited, and untampered data system reports that accurately reflect the number of times eligible passengers were provided a trip. VCTC will reimburse the AGENCY providing the trip at the rate per trip equal to the AGENCY’s fare, as approved by the AGENCY’s governing body for the trip taken. The VCTC will provide the reimbursement within thirty (30) days following acceptance of a complete invoice packet (i.e. invoice and tickets).
Reimbursement amounts per trip are subject to change if the AGENCY’s governing board (City Council, Board of Directors, etc.) approves adjustment to the value of the per trip fare charge. The VCTC shall provide sixty (60) days prior written notice to all transit AGENCIES participating in the program for changes to the reimbursement rate. c)Return of Funds: In the event that an AGENCY discovers that they have received more reimbursement than is justified, AGENCY shall immediately notify VCTC and return any excess funds to VCTC within 30 days.
Item No.7C
DPW: 940-10\mh\etm\ev\Council\2022\1101\Free Fare Reimbursement Agreement Att 1.docx
Section 6: Beneficiaries of Agreement
This Agreement is for the sole benefit of the Parties hereto and no individual, organization, group, firm, or other entity shall have any claim for benefits hereunder.
Section 7: Changes to Agreement
This agreement may only be amended by written agreement signed by all parties.
Section 8: Termination of Agreement
The Agreement may terminated by VCTC for any reason by providing a 30-day written notification to all AGENCIES. The AGENCIES may terminate the Agreement upon a 30-day written notification to VCTC, but all AGENCIES must agree in writing to such termination. Individual AGENCIES may elect to withdraw from the Agreement upon 30 days’ written notification to VCTC and the other AGENCIES. In the event that any one AGENCY withdraws, the Agreement shall continue in full force and effect as to the remaining AGENCIES.
Section 9: Hold Harmless
To the fullest extent allowed by law, each of the AGENCIES (individually when referred to herein as the “Indemnifying Party”) shall indemnify, protect, defend and hold VCTC, and the other AGENCIES, their officers, employees and agents harmless from all liability, claims or damages arising out of, caused by, or resulting from, the Indemnifying Party’s negligence, recklessness, or willful misconduct in providing the underlying transit service and/or performing its obligations pursuant to this Agreement.
Section 10: Notices or Notification
Any notice required to be given in writing under this Agreement, or other notifications, shall be given to the parties at the following addresses:
Martin R. Erickson
VCTC
Executive Director
751 E. Daily Drive
Camarillo, CA 93010
AGENCIES (See Exhibit “A”)
Item No.7C
DPW: 940-10\mh\etm\ev\Council\2022\1101\Free Fare Reimbursement Agreement Att 1.docx
In witness whereof, the parties hereto have executed this Agreement on the dates stated below.
By: _________________________________ Date: __________________ Martin R. Erickson, Executive Director
Item No.7C
DPW: 940-10\mh\etm\ev\Council\2022\1101\Free Fare Reimbursement Agreement Att 1.docx
By:_____________________________________ Date: ___________________ Name:__________________________________
Agency: City of Camarillo
Item No.7C
DPW: 940-10\mh\etm\ev\Council\2022\1101\Free Fare Reimbursement Agreement Att 1.docx
By:_____________________________________ Date: ___________________ Name:__________________________________
Agency: City of Moorpark
Item No.7C
DPW: 940-10\mh\etm\ev\Council\2022\1101\Free Fare Reimbursement Agreement Att 1.docx
By:_____________________________________ Date: ___________________ Name:__________________________________
Agency: City of Ojai
Item No.7C
DPW: 940-10\mh\etm\ev\Council\2022\1101\Free Fare Reimbursement Agreement Att 1.docx
By:_____________________________________ Date: ___________________ Name:__________________________________
Agency: City of Simi Valley
Item No.7C
DPW: 940-10\mh\etm\ev\Council\2022\1101\Free Fare Reimbursement Agreement Att 1.docx
By: _____________________________________ Date: ___________________ Name: Bob Engler, Mayor
Agency: City of Thousand Oaks
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.7C
DPW: 940-10\mh\etm\ev\Council\2022\1101\Free Fare Reimbursement Agreement Att 1.docx
By:_____________________________________ Date: ___________________ Name:__________________________________
Agency: Gold Coast Transit District
Item No.7C
DPW: 940-10\mh\etm\ev\Council\2022\1101\Free Fare Reimbursement Agreement Att 1.docx
EXHIBIT A
AGENCIES
Ventura County Transit Operators
General Manager
Gold Coast Transit District
301 E. Third St.
Oxnard, CA 93030-6048
City Manager
City of Simi Valley Transit
City Hall
2929 Tapo Canyon Road
Simi Valley, CA 93063
City Manager
City of Ojai Transit/Ojai Trolley
Ojai City Hall
401 S. Ventura Street
Ojai, CA 93023
City Manager
City of Camarillo/Camarillo Area Transit
City Hall
601 Carmen Drive
Camarillo, California 93010
City Manager
City of Moorpark/Moorpark City Transit
City Hall
401 S. Ventura Street
Ojai, CA 93023
City Manager
City of Thousand Oaks/Thousand Oaks Transit
City Hall
2100 Thousand Oaks Boulevard
Thousand Oaks, CA 91362
5156352.1
Item No.7C
TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:November 1, 2022
SUBJECT: Authorization to Purchase Electric Actuator Equipment (CI 5633)
RECOMMENDATION:
1. Award purchase of 19 electric actuators from Harold Beck & Sons, Inc. (Newtown, PA) in an amount not-to-exceed $165,224.20.
2. Authorize expenditure in the amount of $165,224.20 from A/C #624-8250-685- 8400 (CI 5633, Capital Improvements).
3. Authorize staff to advertise for bids for the installation of 19 electric actuators (CI 5633).
FINANCIAL IMPACT:
No Additional Funding Requested. $165,224.20 is included in the Adopted FY 2022-23 Wastewater Fund Budget for the purchase of electric actuator equipment. Estimated total project cost is $500,000. Additional funding for construction costs will be requested at the time construction contract is awarded, depending on bids received.
BACKGROUND:
Hill Canyon Treatment Plant (HCTP) treats wastewater from Thousand Oaks residents and businesses. Constructed in the 1960s with major improvements over the following decades, HCTP provides advanced tertiary level wastewater treatment. The facility treats an average of eight million gallons per day of wastewater generated from its domestic, commercial, and industrial customers and operates 24-hours per day/seven days per week.
Item No.7D
Authorization to Purchase Electric Actuator Equipment (CI 5633) November 1, 2022
4 2
3 As part of HCTP’s 2020 Master Plan recommendations, staff conducted an evaluation of all electric valve actuators used on-site in various areas of the plant.
Valve actuators are the devices that control how a valve opens, closes, or modulates based on inputs from the plant’s control systems and strategies. Staff identified and prioritized 19 electric actuators, critical to the plant’s operation, that are aging and require replacement. The actuators identified for replacement are located on influent and effluent valves for different treatment processes, including the tertiary filters, the flow equalization basin, and the bioreactors air control system. The existing actuators have been in use since 2003 and 2007, exceeding their useful life.
DISCUSSION/ANALYSIS:
Due to the long lead time to manufacture and deliver the actuators, a Notice Inviting Bids for Specification # 2022/2023-04 was publicly advertised for Electric Actuators Equipment Purchase (CI 5633) on September 16, 2022, and on October 12th, one bid was received as follows:
Met
SpecificationsVendor Bid
Yes No
Harold Beck & Sons, Inc. $165,224.20
Based on the bid results, Harold Beck & Sons, Inc. provided the lone bid and staff has verified that the bid complies with the specifications contained in the bid document. Staff recommends City Council authorize the purchase of 19 electric actuators in the amount not to exceed $165,224.20 from Harold Beck & Sons, Inc.
It is also recommended that the installation of these actuators be advertised for bid. Once bids are received, a recommendation will be made at a future City Council meeting for award of a contract.
This project meets City Council’s Top Ten Priorities #9, Public Works/CDD Infrastructure Investments.
CIP PROJECT PRIORITY (as outlined in FY 2021-22 and FY 2022-23 CIP Program Budget)
Priority One – Addresses Health & Safety, legal and regulatory requirements, or a top City Council Priority
Item No.7D
Authorization to Purchase Electric Actuator Equipment (CI 5633) November 1, 2022
4 2
3 COUNCIL GOAL COMPLIANCE:
Meets the following City Council goals:
C. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California's most desirable places to live, work, visit, recreate, and raise a family.
F. Provide and enhance essential infrastructure to ensure that the goals and policies of the Thousand Oaks General Plan are carried out and the City retains its role and reputation as a leader in protecting the environment and preserving limited natural resources.
PREPARED BY: Kim Sherman, Sr. Purchasing Specialist
DPW:290-10\ks\ev\Council\2022\11012022\CI5633\Electric Actuator Equipment Purchase staff report.docx Item No.7D
TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:November 1, 2022
SUBJECT: Purchase of Water Meters and Equipment (CI 4551) RECOMMENDATION:
Approve budget appropriation and expense in the amount of $315,000 from A/C #613-0000-341-9900 (Water Capital Fund, Net Position) as follows: $25,000 to A/C #613-8030-685-8400 (CI 4551, Equipment $5000 or more), $290,000 to A/C #613-8030-682-8300 (Cl 4551, Automated Meter Reading Program) for the purchase of Badger Meter, Inc., water meters, meter reading equipment, and associated devices.
FINANCIAL IMPACT:
$315,000 Increase to Adopted FY 2022-23 Water Fund Budget. $235,000 remains in the Adopted FYs 2022-23 Water Fund Budget. Staff is requesting an additional $315,000 increase to the Adopted FY 2022-23 Water Fund Budget (CI 4551). Budget for future Automated Meter Infrastructure (AMI) water meters and associated equipment will be requested during the upcoming biennial budget process.
BACKGROUND:
The City's water distribution system includes over 17,000 water meters that serve Thousand Oaks commercial and residential water customers. In 2005, the City completed a Water Master Plan, which was subsequently approved by City Council. The Master Plan included a recommendation to begin phasing in drive- by Automated Meter Reading (AMR) technology.
An initial Capital Improvement Project (CI 4551 AMR Program) was started in 2007 with the first AMR meters installed in the Newbury Park water service area, as part of a pilot program to determine a vendor for future water meters and meter reading equipment. After demonstrating superior performance and reliability compared to other products, in 2013, City Council approved the standardization of water meters and meter reading equipment from Badger Meter, Inc., as part of the City’s overall AMR Program.
More than 17,000 AMR meters have been installed throughout the City’s service area since the inception of the AMR Meter Reading Program in 2007. With the Item No.7E
Purchase of Water Meters and Equipment (CI 4551)
November 1, 2022
4 2
4 move to AMR technology, City staff has been able to better utilize residential water meter data to notify City water customers of potential leaks while also providing historical water use data through data profiles. City staff completed installation of drive-by AMR water meters under an in-house upgrade in June 2021. This in- house installation strategy achieved cost savings using a phased approach to battery replacement with an anticipated 15-year life cycle.
As water meter technology has continued to advance and the need for near real- time water use data increased, the technology evolved in the 2010’s towards a new industry standard of AMI, which featured the ability to collect meter data using radio signals via field-mounted data collectors. In 2019, the City began an AMI pilot program that included the purchase of five (5) data collectors to bring near real-time water use data from water meters to City staff. The five (5) data collectors were installed at City water reservoir sites. The AMI pilot program provided a valuable tool to better assist customers with their water use by facilitating the collection of meter data, which has significant benefits related to water conservation efforts.
A propagation study was performed in 2019 over the City’s water service area to determine the total number of radio data collectors recommended for full-service area coverage, in addition to the five data collectors currently installed. Due to the significant differences in topography throughout the City, it was determined that an additional 75 radio data collectors would be needed for full coverage of the water service area to cover the remaining 10,000 meters. While obtaining meter reads through radio data collectors is one method used to collect data for AMI meters, an alternative method has developed in the industry this decade, which features the use of cellular technology instead of field data collectors. AMI cellular technology requires less infrastructure to install, maintain, and operate, although it requires cellular service. Existing meters capable of AMI radio technology have the ability to be upgraded to transmit via cellular technology.
Below is a list of benefits of AMR/AMI technology for water use and real-time data:
•Expanded public outreach using near real-time water use data; •Provide near real-time water use data for customers through customer portal;
•Leak notification for customers;
•Reduction of lost revenue from improved meter accuracy; •Improved staff efficiency through reduced time required to read meter routes;
•Improved safety conditions for staff reading meter routes by remote or drive- by; and
•Improved ability to monitor usage for current water drought restrictions.
Item No.7E
Purchase of Water Meters and Equipment (CI 4551)
November 1, 2022
4 2
4 DISCUSSION/ANALYSIS:
Due to the recent advancements and benefits of cellular AMI technology, and the overall industry moving in that direction, City staff are planning to phase out the original drive-by units and the majority of radio data collectors, and work towards transitioning the City’s meter infrastructure towards cellular-based AMI. Staff plans to utilize a hybrid strategy of maintaining and replacing existing data collectors as needed, while working toward upgrading existing meters to cellular- based technology. The Newbury Park portion of the City’s water service area has the largest amount of original drive-by AMR water meters, and many are beginning to experience end of battery life. Upgrading these meters to cellular technology and replacing the batteries is the next step with the City’s transition to full AMI cellular technology as our new standard.
The cost of residential AMI meter upgrades is approximately $220 each and the average cost of larger commercial meters is approximately $420 each. Badger meters are standardized throughout the City's water distribution system for residential and commercial water meters. This provides for improved operations and enhanced customer service.
The cost included in the Adopted FY 2021-22 & FY 2022-23 CIP Budget is $200,000 annually for the AMR Program (Cl 4551). Based on the City’s Meter Maintenance Program, upgrades from the original AMR meters to new cellular- based AMI meters are proposed for approximately 2,000 residential locations throughout the City. In addition, 260 larger commercial meters will also be upgraded.
Staff recommends authorization to purchase Badger AMI meters, meter upgrade equipment, and AMI infrastructure components for an amount of up to $550,000 for FY 2022-23. Additional budget for the continued advancement of the Citywide Water Meter Upgrade Program will be included in the upcoming biennial budget process.
CIP PROJECT PRIORITY (as outlined in FY 2021-22 and FY 2022-23 CIP Program Budget)
Priority One – Essential projects which address health and safety, legal, and regulatory requirements, as well as City Council’s “Top Ten Priorities” projects.
Item No.7E
Purchase of Water Meters and Equipment (CI 4551)
November 1, 2022
4 2
4 COUNCIL GOAL COMPLIANCE:
Meets the following City Council goals:
C. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California's most desirable places to live, work, visit, recreate, and raise a family.
F. Provide and enhance essential infrastructure to ensure that the goals and policies of the Thousand Oaks General Plan are carried out and the City retains its role and reputation as a leader in protecting the environment and preserving limited natural resources.
PREPARED BY: Michael Devlahovich, Utilities Maintenance Supervisor DPW: 850-20\af\etm\Council\2022\091421\CI 4551 Purchase of Water Meters and Equipment staff report.docx Item No.7E
TO:Andrew P. Powers, City Manager
FROM:Jaime Boscarino, Finance Director
DATE:November 1, 2022
SUBJECT: 1994-1 Community Facilities District Annual Report RECOMMENDATION:
Receive and file Annual Report on the 1994-1 Community Facilities District (Marketplace Public Pedestrian, Traffic Circulation, and Parking Facilities) in compliance with the Local Agency Special Tax Bond and Accountability Act.
FINANCIAL IMPACT:
No Additional Funding Requested. Staff time and costs to prepare the Annual Report are fully offset by revenue from landowners.
BACKGROUND:
The Local Agency Special Tax Bond and Accountability Act (the Act), enacted by Senate Bill 165 and codified in California Government Code Sections 53410 through 53412 and 50075 through 50077.5, requires local agencies to submit an annual report to its governing bodies on local bond measures sold after January 1, 2001.
In 1994, the owners of the Janss Marketplace mall (Attachments #1 and #2) petitioned the City to establish a community facilities district and voted to accept a continuing property lien to secure an annual special tax assessment used to pay principal and interest on special tax bonds. City Council approved the creation of the 1994-1 Community Facilities District and the issuance of the 1994 Special Tax Bonds to construct a parking structure, pedestrian walkways, and other public improvements.
In 2011, the owners of Janss Marketplace contacted staff to discuss restructuring options for the outstanding special tax bonds to reduce the annual debt service payments. In August 2012, the 1994 Special Tax Bonds were refunded by the 2012 Special Tax Refunding Bonds. The 2012 bonds have a final maturity date of Item No.7F
1994-1 Community Facilities District Annual Report
November 1, 2022
4 2
6 September 1, 2031, but can be redeemed on any interest payment date on or after September 1, 2022. Due to the refunding, the 2012 bonds fall within the Act’s reporting requirements.
DISCUSSION/ANALYSIS:
The Act was created to provide accountability measures for special taxes and/or local bond measures subject to voter approval. The Act requires that an annual report be filed by the local agency levying the special tax and/or issuing a bond measure no later than January 1. Some of the requirements of the Act are handled at the formation of the Special Tax District and others are handled through annual reporting. The Fiscal Agent Agreement the City entered into with Bank of New York Mellon Trust Company for the 2012 Special Tax Refunding Bonds also requires the Finance Director to prepare the annual report.
The attached annual report (Attachment #3) is intended to comply with the Act and Section 5.19 (C) of the Fiscal Agent Agreement requiring the Finance Director file an annual report with City Council containing (i) the amount of Special Taxes collected and expended with respect to the District, (ii) the amount of Bond Proceeds collected and expended with respect to the District, and (iii) the status of the Project. During FY 2021-22, the City collected $2,005,300 and expended $2,011,914. The $1,768,652 balance on June 30, 2022, included $1,588,934 necessary to make the principal and interest payment due on September 1, 2022. The annual report is an obligation related to the public improvements at Janss Marketplace financed by City Council approved special tax bonds.
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goal:
I. Maintain a strong local employment base geared toward retaining high quality businesses; Sustain a healthy business community; and, Diversify the local economy, with a specific emphasis on small businesses and high technology/biomedical jobs.
PREPARED BY: Jane Adelmann, Debt and Investment Analyst Attachments:
Attachment #1 – Vicinity Map
Attachment #2 – Site Plan
Attachment #3 – Local Agency Special Tax and Bond Accountability Report
FIN: 340:70\ja\H:\COMMON\Council\2022\Administration\110122 1994-1 CFD Annual Report - Staff Rpt.docx Item No.7F
101 FREEWAY
N Moorpark RdNLynnRd
W
HillcrestDr
E Janss Rd
WGainsborough Rd
Thousand Oaks Bl
Haaland Dr
23 FREEW
AY
Hodencamp RdE Hillcrest Dr
E Wilbur Rd
Marin St
Rolling Oaks Dr
SaintCharlesDr
S R
ancho
Rd
Lynn Rd
E Hillcrest Dr
1994-1 CFD
Janss Marketplace
Vicinity Map
U:\isnguandique\Projects\LocationMaps\JanssMarketPlace
1994-1 CFD Janss Marketplace -JanssMarketPlaceVicinityMap.mxd City of Thousand Oaks
0 1,500 3,000750
Feet
±
Site
ATTACHMENT # 1
FIN:240:70\ja\H:COMMONCouncil\2022\Administration\110122 1994-1 CFD Annual Report - Attach 1-2.docx Item No.7F
W Wilbur Rd
N Moorpark Rd
W Hillcrest Dr
Marin St
Conejo Bl
E Hillcrest Dr
Brazil St
SaintCharlesDr
Thousand Oaks Bl
Se
ars D
r
1994-1 CFD
Janss Marketplace
Site Location
U:\isnguandique\Projects\LocationMaps\JanssMarketPlace
1994-1 CFD - JanssMarketPlaceLocationMap.mxd
City of Thousand Oaks
0 160 320 480 64080
Feet
±
Project
Location
ATTACHMENT #2
FIN:240:70\ja\H:COMMONCouncil\2022\Administration\110122 1994-1 CFD Annual Report - Attach 1-2.docx Item No.7F
ATTACHMENT #3
1994-1 Community Facilities District
(Marketplace Public Pedestrian, Traffic Circulation and Parking Facilities) 2012 Special Tax Refunding Bonds
Local Agency Special Tax and Bond Accountability Report Fiscal Year Ended June 30, 2022
Senate Bill 165 enacted the Local Agency Special Tax and Bond Accountability Act (the “Act”) and was codified in California Government Code Sections 53410 through 53412 and 50075 through 50077.5. Some of the requirements of the Act are handled at the formation of the Community Facilities District and/or at bond issuance while others are handled through an annual report. This report is intended to comply with the requirements of the Act setting forth annual reporting requirements and Section 5.19 (C) of the Fiscal Agent Agreement requiring the Finance Director file an annual report with the City Council no later than January 1.
City Council approved the creation of a Community Facilities District for the Janss Marketplace mall and the issuance of the 1994 Special Tax Bonds to construct a parking structure, pedestrian walkways and other public improvements. In July 2012, City Council approved the issuance of the 2012 Special Tax Refunding Bonds to refund the 1994 Special Tax Bonds.
1. Status
The construction of the parking structure and pedestrian walkways authorized to be funded by the 1994 Special Tax Bonds was completed prior to the issuance of the 2012 Special Tax Refunding Bonds.
2. Bond Proceeds Collected and Expended
As of June 30, 2022, all bond proceeds were expended except for $1,994,713 held in the 2012 Special Tax Refunding Bonds Reserve Fund.
3. Special Taxes Collected and Expended for Fiscal Year 2021-22 (unaudited) Collections
Special Taxes $1,990,864
Interest Earnings 14,436
Total Revenue $2,005,300
Expenditures
Bond Principal and Interest Payments $1,966,238
Community Facilities District Administration Expenditures 45,676 Total Expenditures $2,011,914
Beginning Balance July 1, 2021 $1,768,652
Ending Balance June 30, 2022 1,762,038
Net Change in Fund Balance $ 6,614
FIN:340-70\ja\H:\COMMON\Council\2022\Administration\110122 1994-1 CFD Annual Report - Attach 3.docx Item No.7F
TO:City Council
FROM:Claudia Bill-de la Peña, Councilmember
DATE:November 1, 2022
SUBJECT: Santa Monica Mountains Conservancy Advisory Committee Appointment
RECOMMENDATION:
Approve the appointment of Kat Selm to serve as the City’s representative to the Santa Monica Mountains Conservancy Advisory Committee for a two-year term ending September 2024.
FINANCIAL IMPACT:
No Additional Funding Requested. Minimal staff time for costs associated with coordinating interviews, appointments, and preparing support materials are included in the Adopted FY 2022-23 General Fund Budget.
BACKGROUND:
The Santa Monica Mountains Conservancy (Conservancy) was established by the California State Legislature in 1980. Through direct action, alliances, partnerships, and joint powers authorities, the Conservancy's mission is to strategically buy back, preserve, protect, restore, and enhance treasured pieces of Southern California to form an interlinking system of urban, rural and river parks, open space, trails, and wildlife habitats that are easily accessible to the general public.
The Santa Monica Mountains Conservancy Advisory Committee (SMMCAC) is a 26-person committee comprised of 17 representatives of cities and counties within or near the Santa Monica Mountains, six public members, and three representatives from regional park districts within the Santa Monica Mountains.
The SMMCAC provides input to the Board of Directors of the Conservancy on issues related to open space preservation and acquisition. City Council appoints one resident to represent the City and serve a two-year term on the SMMCAC.
Item No.7G
Santa Monica Mountains Conservancy Advisory Committee Appointment November 1, 2022
4 2
8 The SMMCAC meets jointly with the Conservancy’s Board of Directors. SMMCAC members deliberate and vote on each item and pass that recommendation on to the Conservancy Board during the joint meeting. When there is an item on the Conservancy agenda that is relevant to the Conejo Open Space Conservation Agency (COSCA) or the City, the City Manager, or designee, will coordinate a recommended action with the City representative to SMMCAC .
DISCUSSION/ANALYSIS:
An open application period for one vacancy ran July 26 – August 25, 2022, and was extended to September 8, 2022. Four applications were received, and on October 5, 2022, three candidates were interviewed by Councilmember Claudia Bill-de la Peña and COSCA staff member, Anna Huber. The fourth candidate withdrew their application and was not interviewed. After review and careful consideration of the candidates, Kat Selm is recommended to be appointed the City’s representative to the SMMCAC. The packet of candidate applications is provided in Attachment #1.
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goals:
E. Complete ring of open space around the City; Protect and preserve ridgelines, natural habitat, and designated open space areas.
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: Anna Huber, Community Development Analyst
Attachments:
Attachment #1 – SMMCAC Applications
CMO: 110-20\KM\H:COMMON\Council Items\2022 Staff Reports\110122\110122SMMCAC Appt Staff Report.docx Item No.7G
City of Thousand Oaks
Santa Monica Mountains Conservancy Advisory Committee
Board Details
This committee's purpose is to advise the Santa Monica Mountains Conservancy board. The Conservancy was established by the California State Legislature in 1980. Since that time, it has helped to preserve over 75,000 acres of parkland in both wilderness and urban settings, and improved more than 114 public recreational facilities throughout Southern California. Additionally, it has given grants to nonprofit organizations for educational and interpretation programs that have served hundreds of thousands of children and other park visitors. The Conservancy consists of nine voting members, three ex officio members and six legislative members.
This policy-making entity for the Conservancy is broadly representative of state, regional, and local interests.
A twenty-six member Advisory Committee (SMMCAC) meets jointly with the Conservancy and offers citizens the opportunity for even greater participation.
There are 15 representatives from local governments, of which one appointment is made by the City of Thousand Oaks City Council.
The member serves a two-year term and must be a City resident. Conflict of Interest filing is also required (SMMC is Office of Record).
Overview
Size 1 Seats
Term Length 2 Years
Term Limit N/A
Additional
Meeting Date/Location
Location varies
Enacting Resolution
Res. 79-158
Enacting Resolution Website
www.toaks.org
Santa Monica Mountains Conservancy Advisory Committee Page 1 of 1 ATTACHMENT #1
Item No.7G
City of Thousand Oaks
Santa Monica Mountains Conservancy Advisory Committee
Appointing Authority
City Council
Position
Committee Member
Janet Miller Wall
4th Term
Oct 13, 2020 - Oct 13, 2022
Board Roster
Santa Monica Mountains Conservancy Advisory Committee
Item No.7G
City of Thousand Oaks Boards & Commissions
Application Form
Profile
Solicitantes que necesiten asistencia en español, por favor llamen al (805) 449-2151.
Lauren Gill
First Name Last Name
Primary Phone Alternate Phone
Street Address Suite or Apt
Newbury Park CA 91320
City State Postal Code
Email Address
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.
How did you learn of this vacancy?
I learned of the vacancy on the SMMC Advisory Committee through the City of Thousand Oaks monthly email communication to residents.
Occupation/Work History - Check all applicable: *
Employed
National Wildlife Federation Manager, Special Projects Employer Job Title
CVUSD Trustee, Conejo Valley Unified Board of Education Additional Employer Additional Job Title
Must be a City resident. Are you a resident of Thousand Oaks? Yes
Item No.7G
Interests & Experiences
Why are you interested in serving on this board/committee and what do you believe you can contribute?
I have an understanding and deep appreciation of the work undertaken by agencies and citizens to preserve, protect, and enhance our sustaining ecosystem and habitats. I believe that I can make a measurable contribution as a member of the SMMC Advisory Committee.
Please list all relevant experience supporting appointment to this board.
I work for the National Wildlife Federation where I am deputy to Beth Pratt, CA Regional Executive Director and leader of the #SaveLACougars campaign. Currently we are building the Annenberg Wildlife Crossing at Liberty Canyon. I am an elected Board of Education Trustee for the Conejo Valley Unified School District. I am an engaged and active community volunteer with Adelante Comunidad Conejo, Safe Passage Youth Foundation, SOAR, Conejo Together, and others. Please review more details of my professional accomplishments on my attached resume.
Please list current and past involvement with civic, volunteer and non-profit organizations, including City boards/committees, and the dates of activity.
National Wildlife Federation #SaveLACougars 2015-present Adelante Comunidad Conejo 2018-present
Safe Passage Youth Foundation 2020-present
SOAR (Save Open Spaces and Agricultural Resources)--voter engagement leading to the successful renewal of SOAR in 2016
Conejo Together--founding member 2018-present
Certification
Please agree with the following statements
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 board.
I recognize that Board 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.
I am not an official or employee of the City of Thousand Oaks.
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above statements.
Agree
Item No.7G
Electronic Signature - Please type your First and Last name Item No.7G
Lauren D. Gill
Newbury Park, CA 91320
PROFILE
An inclusive collaborator committed to generating trust and creating positive change; an education professional with dozens of published case studies and white papers; a communications pro with a deep portfolio of multi-modal skills and experience; a leader adept at fostering individual and team execution
EXPERIENCE
National Wildlife Federation
(Non-profit organization uniting all Americans to ensure wildlife thrive in a rapidly changing world) Manager, Special Projects, October 2021-present
• Deputy to Beth Pratt, Regional Executive Director, California and leader of the #SaveLACougars campaign currently building the Annenberg Wildlife Crossing (the world’s largest) at Liberty Canyon in Agoura Hills Conejo Valley Unified School District
(K12 district serving 18,000+ students in Newbury Park/Thousand Oaks/Westlake Village, CA) Board of Education Trustee, December 2020-present
• Serve on a 5-member governing board for CVUSD that sets direction and strategic vision, delivers citizen oversight and accountability, and advocates for students and families in the pursuit of equity and excellence within the essential infrastructure of our community: our public schools Pearson Education
(Pearson, a global learning company, provides expertise in courseware and teaching and learning services.) Portfolio Manager, Solutions, December 2018-January 2021 Senior Results Manager, Readiness, Progression, & Employability, January 2016-December 2018 Senior Efficacy Results Manager, College & Career Readiness, January 2014-January 2016 Efficacy Manager, Pearson Learning Solutions, September 2013-January 2014 • Identify, scope, market-test, and document opportunities to drive enterprise sales model with solutions that support student journeys and help institutional customers achieve their effectiveness mission. • Partner with higher education leaders across North America; gather quantitative and qualitative evidence; write and publish case studies and white papers documenting educational best practices leading to improved student equity, readiness, progression, completion, and employability • Collaborate effectively with product, marketing, and sales colleagues across a large matrix organization to identify strategic opportunities to transform outcomes and open new markets • From 2015 Annual Performance Review: “Lauren drives for results and can overcome almost any situation fraught with conflict by focusing on shared goals and mutual respect. Through sheer determination and relying on her own impressive resourcefulness, she plunges in and tackles whatever problem she must solve, skill she must learn, or bet she must make. Lauren’s customers (both internal and external) feel heard, understood, and respected. She recognizes the great benefits that this has for both Pearson and educators; she forges bonds with and among our customers that can move markets . . . and change lives.” - Karen Mullane, VP, Customer Outcomes Analytics
Principal and Founder, Gill Partners, Marketing & Brand Strategy Consultancy, Watertown, MA and Newbury Park, CA, 2000-2013
(Provider of integrated branding and marketing services to help clients identify, leverage, and Item No.7G
extend core assets to connect meaningfully and to achieve market traction and sustained growth) • Personally led corporate partnership development, negotiations, and strategic marketing for the e- commerce division of Working Advantage, a corporate employee members-only discount portal; corporate partners included Dell, Target, Intuit, T-Mobile, National Car Rental, etc. • Developed strategic business plans for Inflexxion, Inc., creator of behavioral health intervention software and Circadian, a provider of human asset management services Pyramid Research, Cambridge, MA, 1999-2000
(The international telecommunications consulting division of the Economist Group, provider of telecommunications industry market research, analysis, and consulting services) Director of Marketing
• Contributed sales and marketing leadership, planning, and direction resulting in a 25% increase in revenues within 1 year
• Provided strategic direction to help transform Pyramid from a struggling publications-based business to a competitive telecommunications consulting services player Inergy Online, Inc., Cambridge, MA, and Burlington, MA, 1997-1998 (Developer of Internet-based software services for consumers)
Director of Marketing
• Developed a strategic marketing program that successfully positioned Inergy as a leader in its market space and built an expanding subscriber community for Inergy’s Internet-based suite of software services • Created and executed a comprehensive public relations program, including news announcements, press tours, and analyst and media relations; generated positive editorial coverage and product reviews in PC Week, Investor’s Business Daily, MSNBC, Internet World, PC World and Cablevision, others D. C. Heath and Company / Houghton Mifflin, Lexington, MA (Publishers of academic textbooks and software)
Director of Marketing Communications, 1992-1996
EDUCATION
Brown University
A. B. English and American Literature
A. B. Religious Studies
pre-medical concentration
Massachusetts Software Council Fellowship Program
ADVOCACY and VOLUNTEER
WORK
National Wildlife Federation #SaveLACougars
SOAR (Save Open Space and Agricultural Resources in Ventura County) Adelante Comunidad Conejo
Safe Passage Youth Foundation
Conejo Together
Lauren D. Gill
Newbury Park, CA 91320
Item No.7G
City of Thousand Oaks Boards & Commissions
Application Form
Profile
Solicitantes que necesiten asistencia en español, por favor llamen al (805) 449-2151.
Mark Kroenke
First Name Last Name
Primary Phone Alternate Phone
Street Address Suite or Apt
Newbury Park CA 91320
City State Postal Code
Email Address
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.
How did you learn of this vacancy?
CityScene newsletter
Occupation/Work History - Check all applicable: *
Employed
Amgen Senior Principal Scientist
Employer Job Title
N/A N/A
Additional Employer Additional Job Title
Must be a City resident. Are you a resident of Thousand Oaks? Yes
Item No.7G
Interests & Experiences
Why are you interested in serving on this board/committee and what do you believe you can contribute?
I live right across the street from the Santa Monica Mountains in Newbury Park, and spend a considerable amount of time there with my family (hiking, mountain biking, etc). Over the last decade or so, I have come to love these mountains and the plants and animals that live there. I would enjoy having a hand in how this land is managed, and strongly desire to protect and conserve the Santa Monica Mountains.
As far as what I can contribute, I'm a scientist so I'm very logical and analytical. I know how to review documents with a healthy degree of skepticism and ask the right questions. I also think my understanding of science and biology could be useful when making decisions regarding ecosystems and land management.
Please list all relevant experience supporting appointment to this board.
I was appointed to the Thousand Oaks Investment Review Committee for 3 terms (6 years). I understand the responsibilities and commitment that come with this type of position.
Please list current and past involvement with civic, volunteer and non-profit organizations, including City boards/committees, and the dates of activity.
Please see my CV for a complete list of my volunteer activities.
Certification
Please agree with the following statements
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 board.
I recognize that Board 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.
I am not an official or employee of the City of Thousand Oaks.
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above statements.
Agree
Electronic Signature - Please type your First and Last name Item No.7G
Mark A. Kroenke
Education and Training
La Jolla Institute for Allergy and Immunology, La Jolla, CA 2009-2011 Postdoctoral Fellowship in the laboratory of Dr. Shane Crotty Transcriptional regulation of CD4 T cell differentiation University of Rochester School of Medicine and Dentistry, Rochester, NY 2003-2009 Ph.D. in Immunology in the laboratory of Dr. Benjamin Segal Thesis: p40 monokines and their role in central nervous system autoimmune disease Grove City College, Grove City, PA 1999-2003
Bachelor of Science in molecular bi ology, magna cum laude Employment history
Amgen, Thousand Oaks, CA
● Senior Principal Scientist in Clinical Immunology 2022-present ○ Responsible for clinical immunogenicity for 10-12 products such as efavaleukin alfa, denosumab, and romosozumab.
■ Work on cross-functional drug development teams, collaborating closely with colleagues in clinical, pharmacokinetics, regulatory, research, and toxicology. ■ Contribute to authoring protocols, product labeling, responses to regulatory questions, and filing documents.
● Principal Scientist in Clinical Immunology 2018-2022
○ Member of the team that brought romosozumab to the FDA BRUDAC, garnering an 18-1 vote in favor of approval.
● Senior Scientist in Clinical Immunology 2015-2018
○ Developed and implemented a company-wide immunogenicity prediction strategy. ○ Contributed to romosozumab filing and approval of denosumab in glucocorticoid-induced osteoporosis and multiple myeloma.
● Scientist in Pharmacokinetics and Drug Metabolism 2014-2015 ○ Conceived, designed, and executed validated bioassays and immunoassays to measure and characterize antibody responses to protein therapeutics. ○ Led a team of 3-4 bioanalytical scientists.
● Scientist in Clinical Immunology 2011-2014
○ Developed and validated assays to support GLP and clinical studies.
Publications
Zhou, Y , Penny HL,Kroenke MA, Bautista B, Hainline K, Chea LS, Parnes J, and Mytych DM.
Immunogenicity assessment of bispecific antibody-based immunotherapy in oncology. Journal for ImmunoTherapy of Cancer. 10: e004225, March 2022.
Item No.7G
Kroenke MA, Barger TE, Hu J, Miller MJ, Kalenian K, He L, Hsu H, Bartley Y, Chow VFS, Teixeira dosSantos MC, Sullivan BA, Cheng LE, Parnes JR, Padaki R, Kuhns S, and Mytych DT. Immune ComplexFormation is Associated with Loss of Tolerance and an Antibody Response to both Drug and Target.Frontiers in Immunology. 12: 782788, December 2021.
Ducret A, Ackaert C, Bessa J, Bunce C, Hickling T, Jawa V, Kroenke MA, Lamberth K, Manin A, PennyHL, Smith N, Sorde L, Terszowski G, Tourdot S, and Spindeldreher S. Assay Format Diversity inPre-clinical Immunogenicity Risk Assessment: Towards a Possible Harmonization of AntigenicityAssays.MAbs. 14(1): 1993552, December 2021.
Kroenke MA, Milton M, Kumar S, Bame E, and White JT. Immunogenicity Risk Assessment forMulti-specific Therapeutics.AAPS Journal. 23:115,November 2021.
Sohn W, Salusky IB, Schmitt CP, Taylan C, Vande Walle J, Ngang J, Yan L,Kroenke M, and WaradyBA. Phase 1, Single-Dose Study to Assess Safety, Tolerability, Pharmacokinetics, andPharmacodynamics of Etelcalcetide in Pediatric Subjects with Secondary Hyperparathyroidism ReceivingHemodialysis.Pediatric Nephrology. 36: 133-142,July 2020.
Starcevic-Manning M, Kroenke MA,Lee S, Harrison S,Hoofring S, Mytych DT, and Jawa V. AssaySignal as an Alternative to Titer for Assessment of Magnitude of an Anti-drug Antibody Response.Bioanalysis. 23: 1849-1858, December 2017.
Kroenke MA, Weeraratne D, Deng H, Sloey B, SubramanianR, Wu B, Serenko M, and Hock MB.Clinical Immunogenicity of the D-Amino Acid Peptide Therapeutic Etelcalcetide: Method DevelopmentChallenges and Anti-Drug Antibody Clinical Impact Assessments.Journal of Immunological Methods.445: 37-44, June 2017.
Hock MB,Kroenke M, Jawa V, Kaliyaperumal A, ZhouY, and Mytych D. 2017. A Proposal to RedefineClinical Immunogenicity Assessment.AAPS Journal. 19: 599-602, May 2017.
Hatzi K, Nance JP, Kroenke MA, Haddad E, BothwellM, Melnick A, and Crotty S. Bcl6 OrchestratesTfh Differentiation via Multiple Distinct Mechanisms.J. Exp. Med.212: 539-553, March 2015.
Kroenke MAand Gupta S. Special challenges and considerationsfor developing assays for the detectionof anti-drug neutralizing antibodies. ImmunogenicityAssay Development, Validation andImplementation.Pages 62-73, November 2013.
Locci M, Havenar-Daughton C, Landais E, Wu J,KroenkeMA, Arledamn CL, Su LF, Cubas R, DavisMM, Sette A, Haddad EK, IAVI Protocol C PIs, Poignard P, Crotty S. Human circulating PD-1 +
CXCR3
-
CXCR5
+
memory Tfh cells are highly functional andcorrelate with broadly neutralizing HIV antibodyresponses.Immunity. 39: 758-769, September 2013.
Civoli F, Kalipurmenal A,Kroenke MA,Reynhardt K,Zhuang Y, and Gupta S. Developing NeutralizingAntibody Assays to Monitor Clinical Immunogenicity. Bioanalysis.4: 2725-2735, November 2012.
Kroenke MA, Eto D, Locci M, Cho M, Haddad E, DavidsonTM, and Crotty S. Bcl6 and Maf cooperateto instruct human follicular helper CD4 T cell (Tfh) differentiation.Journal of Immunology. 188(8):3734-3744, April 2012.
Item No.7G
Kroenke MAand Segal BM. IL-23 modulated myelin-specificT cells induce EAE via an IFNγdriven,IL-17 independent pathway. Brain, Behavior, and Immunity. 25(5): 932-937, July 2011.
Kroenke MA, Chensue SW, and Segal BM. EAE mediatedby a non-IFNγ/non-IL-17 pathway.European Journal of Immunology40(8): 2340-2348, August2010.
King IL,Kroenke MA, and Segal BM. GM-CSF dependent,CD103 +
dermal DC play a critical roleIn Th effector differentiation following subcutaneous immunization.J. Exp. Med.207(5):953-961, May2010.
Kroenke MA, Carlson TJ, Andjelkovic AV, and SegalBM. IL-12 and IL-23 modulated T cells inducedistinct types of EAE based on histology, CNS chemokine profile, and response to cytokine inhibition.J.Exp. Med.205(7):1535-1541, July 2008.* Commentary. “A Rush to Judgment on Th17.”J. Exp.Med.205(7): 1517-1522.* Research highlight. “Two Faces of EAE.”Nature Rev. Immunol.8(8): 576.
Carlson T, Kroenke M, Rao P, Lane TE, and Segal B.The IL-17-ELR +
CXC chemokine pathwayIs essential for the development of central nervous system autoimmune disease.J. Exp. Med.205(4):811-823, April 2008.
Kroenke MAand Segal BM.Th17 and Th1 responses directedagainst the immunizing epitope, asopposed to secondary epitopes, dominate the autoimmune repertoire during relapses of experimentalautoimmune encephalomyelitis.Journal of NeuroscienceResearch85(8): 1685-93, June 2007.
Funding2011 Obtained an NIH F32 fellowship (National Research Service Award)2010 Co-wrote 1 component of an $8M NIH RFA entitled “Interplay of B cells and HIV Leading toBroad Neutralizing Antibody Responses,” which was successfully funded2004 Awarded Sigma-Xi Grants In Aid of Research Award Intellectual PropertyHe L, Zhang Q,Kroenke M, Angell NH, and HapuarachchiS. “Isolation of therapeutic protein.” USPatent application 63/230,483.
Simon M andKroenke M. “The treatment of Celiac diseasewith IgA.” US Patent 8,313,730.
Committee, Organizational, and Volunteer Service2015-presentContent reviewer for the Khan Academy2016-2022 City of Thousand Oaks Investment Review Committee2018-2021 AYSO coach2018-2020 The Bridge Church audio technician2015-2016 Volunteer grant writer for the Center for Special Needs in Thousand Oaks, CA2008-2011 Active member of the National Postdoctoral Association, Postdocket contributor2006-2009 Associate Editor of the Journal of the University of Rochester School of Medicine Item No.7G
Invited Lectures“Introduction to the immune response”Amgen PKDM BASICS series, May 2015. “Risk assessment drives assay strategy for a diverse pipeline of protein therapeutics.”2 nd
Immunogenicity and Immunotoxicity Conference,January 2014. “Bcl6 instructs human follicular helper CD4 T cell differentiation.”LIAI retreat, Lake Arrowhead, CA, December 2010Becton Dickinson Seminar Series, San Diego, CA, September 2010 “EAE induced by a non-Th1/Th17 effector is GM-CSF dependent.”Lymphoid Neogenesis, Grey Matter Pathology, and Repair Pathways: Implications forSecondary Progressive Multiple Sclerosis Symposium, June 2009 “IL-12 and IL-23 modulated T cells induce distinct types of EAE based on histology, CNSchemokine profile, and response to immunomodulatory intervention.”Whitaker Research Track Platform Presentation, CMSC Annual Meeting, Denver, CO, May 2008University of Michigan Immunology Retreat, Ann Arbor, MI, May 2008 “IL-12 signaling protects CD4 T cells from NK cell-mediated immunoregulation during EAE.”Whitaker Research Track Platform Presentation, CMSC Annual Meeting, Washington DC, May 2007 Poster Presentations“Pre-existing antibodies to IL-2 in autoimmune populations.” Clinical Immunology Science andTechnology Forum, October 2013. “Bcl6 and Maf cooperate to instruct human follicular helper CD4 T cell (Tfh) differentiation.” Federationof Clinical Immunology Societies Meeting, June 2012. “Roles of Bcl6 and IL-12 in differentiation and function of human follicular helper CD4 T cells (Tfh).”Viral Immunity Keystone Meeting, March 2010. “EAE induced by a non-Th1/Th17 effector is GM-CSF dependent.”Lymphoid Neogenesis, Grey Matter Pathology, and Repair Pathways: Implications for SecondaryProgressive MS Symposium, June 2009; AAI National Conference, May 2009.
Item No.7G
City of Thousand Oaks Boards & Commissions
Application Form
Profile
Solicitantes que necesiten asistencia en español, por favor llamen al (805) 449-2151.
Thelma Schafer
First Name Last Name
Primary Phone Alternate Phone
Street Address Suite or Apt
THOUSAND OAKS CA 91360
City State Postal Code
Email Address
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.
How did you learn of this vacancy?
Info provided pn Claudia Bill de La Pena's Facebook page.
Occupation/Work History - Check all applicable: *
Retired
N/A Educator
Employer Job Title
N/A N/A
Additional Employer Additional Job Title
Must be a City resident. Are you a resident of Thousand Oaks? Yes
Item No.7G
Interests & Experiences
Why are you interested in serving on this board/committee and what do you believe you can contribute?
As a senior citizen with a 50 year devotion to science and environmental concerns...I voted for Al Gore, and several years of teaching middle school science I would bring that background alongside a perspective of the older person wishing to preserve areas such as this for my grandchildren and other children.
Please list all relevant experience supporting appointment to this board.
1. Love for nature. 2. Love of children. 3. National award for science program written and developed for middle school children
Please list current and past involvement with civic, volunteer and non-profit organizations, including City boards/committees, and the dates of activity.
This would be the first.
Certification
Please agree with the following statements
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 board.
I recognize that Board 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.
I am not an official or employee of the City of Thousand Oaks.
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above statements.
Agree
Electronic Signature - Please type your First and Last name Item No.7G
City of Thousand Oaks Boards & Commissions
Application Form
Profile
Solicitantes que necesiten asistencia en español, por favor llamen al (805) 449-2151.
Kat Selm
First Name Last Name
Primary Phone Alternate Phone
Street Address Suite or Apt
Thousand Oaks CA 91360
City State Postal Code
Email Address
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.
How did you learn of this vacancy?
I regularly look at vacancies on the Thousand Oaks Boards & Commissions page.
Occupation/Work History - Check all applicable: *
Employed
The Nature Conservancy Stewardship Associate
Employer Job Title
N/A N/A
Additional Employer Additional Job Title
Must be a City resident. Are you a resident of Thousand Oaks? Yes
Item No.7G
Interests & Experiences
Why are you interested in serving on this board/committee and what do you believe you can contribute?
I am interested in utilizing my professional experiences in the field of conservation and stewardship to serve my community, and to further my professional development goals. I have experience planning and executing conservation projects including acquisitions, restoration, and public access in my time at The Nature Conservancy (TNC) in Ventura County. I have first hand knowledge of funding sources, partnerships, practices, and permitting to complete conservation activities in this project area. I believe these experiences will help me contribute positively to the decision making of the SMMC.
Please list all relevant experience supporting appointment to this board.
I have worked in the fields of the biological and social sciences and conservation for over a decade. I have published six scientific papers, several in the field of natural resource management and the biological sciences.
I have an MS in natural resources and GIS and am currently employed by The Nature Conservancy where I manage over 4,400 acres of conservation lands in Ventura County. I have a diversity of roles and responsibilities as land steward for TNC, including drafting management plans, writing and managing grants, managing public and private partnerships, permitting for restoration and construction projects, planning and managing public access projects, reducing hazards and security risks, managing research projects, initiating volunteer stewardship programs, monitoring properties, and utilizing technology, such as remote sensing, for improved management.
Please list current and past involvement with civic, volunteer and non-profit organizations, including City boards/committees, and the dates of activity.
In addition to my time with TNC, I am also currently the vice-chair of the Ventura chapter of the Climate Reality Project as well as a co-founder and steering committee lead of the Conejo Climate Coalition. In 2022 I served as a steering committee member for Ventura County’s Multi- Jurisdictional Hazard Mitigation Update, and I was a member of co-hort 24 of Ventura County Leadership Academy in 2018. Previously, my civic engagement involved being a math mentor for 2 years at a local non-profit serving underserved youth when I lived in Raleigh, NC.
Certification
Please agree with the following statements
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 board.
I recognize that Board 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.
I am not an official or employee of the City of Thousand Oaks.
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above statements.
Item No.7G
Agree
Electronic Signature - Please type your First and Last name Item No.7G
KAT SELM
EDUCATION
North Carolina State University, Raleigh, NC
Masters of Science in Natural Resources
Graduated in 2017 with a GPA of 3.9
Area of Focus: Geographic Information Systems (GIS)
Thesis: “Climate Change Perceptions and Adaptive Capacity of Citizens in a Landlocked City in North Carolina” University of North Carolina at Asheville, Asheville, NC Bachelor of Science in Biology
Graduated: May 2011 with a GPA of 3.5
Area of Focus: Botany
Thesis: “Assessment of the Availability of Virginia Spiraea and its Usage by Beaver along the Cheoah River, North Carolina”
RECOGNITION AND PRESENTATIONS
Presented research poster at the Carolina’s Climate Resilience Conference 2016 Distinction in Undergraduate Research UNCA
Presented research poster at the Association of Southeastern Biologists Conference 2011 Presented research at the UNC Asheville Annual Spring Symposium 2011
RELEVANT EXPERIENCE
The Nature Conservancy, Ventura, CA
Stewardship Associate 11/2017-present
I manage over 4,400 acres of conservation lands in the wildland-urban interface. My project areas are critical habitat for the recovery of many threatened and endangered species. In this role I manage security and preserve access for the general public and researchers, I draft and manage contracts and budgets, work on creative and sustainable solutions to management challenges such as non point source trash pollution, apply for and manage grants for capital improvement projects, monitor fee properties and easements, manage aspects of TNC's agricultural interests, gather GIS data and make map products using ESRI software/apps. I am also responsible for the construction of capital improvements and the implementation of a public access plan which will be the first of its kind on the lower Santa Clara River.
Ellerbe Creek Watershed Association, Durham, NC
Stewardship Coordinator 08/2016---10/2017
Drafted preserve management plans and baseline documentation, coordinated and supervised contract work, wrote and managed grants for stormwater infrastructure BMPS and capital projects, monitored stream bank restoration projects, designed and implemented fee simple monitoring protocol, helped attain Land Trust Alliance compliance, managed and drafted budgets, hired and supervised interns and Americorps service members, organized and attended committee and board meetings, organized and led volunteer workdays and community outreach.
Urban Offsets, Raleigh, NC
Carbon Credit Technician 08/2016---02/2017
I provided peer verification for an urban carbon capture and storage proof of concept project for Duke University. In this role I provided field verification, quantification of emissions reductions, and a verification report.
NC State University, Raleigh, NC
Research Assistant, Urban Ecology lab 08/2014---12/2017 Designed and executed a survey instrument to assess the climate change vulnerability perceptions, and household-scale adaptive capacity of a representative sample of Raleigh, NC. Funding for this research was provided by the National Science Foundation.
Item No.7G
NC Department of Health and Human Services, Raleigh, NC GIS analyst, Climate & Health program 05/2016---08/2016 At this position I created climate change vulnerability indices and maps for heat and wildfire smoke in NC, held large stakeholder meetings for input on the indices, performed data gathering, analysis, geocoding, and synthesis of large data sets (American Community Survey,USDA cropland, Housing and Urban Development, H2A Farmworker Visas) Kleinfelder, Vernal, UT (Colorado and Wyoming)
Biological Technician 04/2013---09/2013
Surveyed for endangered Sclerocactus sp., identified vegetative reclamation action items, ensured federal and state compliance for energy companies, amended vegetation monitoring protocols, collected GIS data with Trimble GPS units, organized and uploaded data daily
PUBLICATIONS
Hess, G. R., Loflin, A. M., & Selm, K. R. (2020). Research note: Shout-out survey for quantifying reasons for trail use. Journal of Outdoor Recreation and Tourism, 29, 100234.
Selm, K. R., Peterson, M. N., Hess, G. R., Beck, S. M., & McHale, M. R. (2019). Educational attainment predicts negative perceptions women have of their own climate change knowledge. PloS one, 14(1), e0210149.
Selm, K. R., Hess, G. R., Peterson, M. N., Beck, S. M., & McHale, M. R. (2018). Developing an Instrument to Measure Autonomous Adaptive Capacity to Climate Change among Urban Households. Frontiers in Ecology and Evolution, 6, 13.
Stevenson, K.T., King, T.L., Selm, K.R., Peterson, M.N., & Monroe, M.C. (2017). Framing climate change communication to prompt individual and collective action among adolescents from agricultural communities, Environmental Education Research, DOI: 10.1080/13504622.2017.1318114
Rossell, C. R., Selm, K., Clarke, H. D., Horton, J. L., Ward, J. R., & Patch, S. C. (2013). Impacts of Beaver Foraging on the Federally Threatened Virginia Spiraea (Spiraea virginiana) along the Cheoah River, NC. Southeastern Naturalist, 12(2), 439- --447.
SKILLS/AREAS OF INTEREST RELEVANT COURSE WORK
---GIS data acquisition, management, and mapping with ESRI products
-Survey and study design
-Climate change adaptation
-Conservation psychology
-Land management in the wildland-urban interface
-Urban ecology
-Freshwater resource management
-
---Natural Resource Management
---Surface Water Hydrology with GIS
---Experimental Statistics for Biological Sciences
---Introduction to Data Analysis in Natural Resources
---Advanced Geospatial Analytics
---Geospatial Modeling and Analysis
---Environmental Remote Sensing
Item No.7G
TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:November 1, 2022
SUBJECT: Building Resilient Infrastructure and Communities Federal Grant
RECOMMENDATION:
Authorize City Manager or designee to execute all grant-related documents, and to submit the sub-application to the California Office of Emergency Services and upon award, return to City Council to accept the grant.
FINANCIAL IMPACT:
No Additional Funding Requested. Staff time to prepare the application is included in the Adopted FY 2022-23 General Fund and Water Fund Budgets. The $2,625,000 in City Matching funds required for the grant will be requested during the upcoming biennial budget process.
BACKGROUND:
The City’s Emergency Management Program includes several key elements, such as training, response, recovery, funding, public outreach, multi-agency coordination, and reimbursement. The City is a member of the Ventura County Emergency Planning Council (EPC), a countywide advisory body whose mission is to facilitate a unified effort with local emergency incident preparation, mitigation, response, and recovery. The Department of Homeland Security, the Federal Emergency Management Agency (FEMA), and the State Office of Emergency Services (Cal-OES) have funds available to address the hazard mitigation needs of communities nationwide. The Building Resilient Infrastructure and Communities Grant (BRIC) fund was created to support states, local communities, tribes, and territories as they undertake hazard mitigation projects that will reduce the risks from disasters and natural hazards.
Item No.7H
BRIC Federal Grant
November 1, 2022
4 2
9 The BRIC program is a nationwide funding source focused on enhancing resilience within vulnerable areas susceptible to natural disasters. Cal-OES works with local government agencies to leverage funds and prioritize communities with documented hazards and social vulnerabilities. The program uses federal and state funds to support projects that will reduce long-term risks from natural disasters, such as flooding, earthquakes, wildfires, landslides, extreme heat, and drought by investing in local capacity building and mitigation projects designed to protect communities. The 2022 BRIC program has $2.3 billion in federal funds available to states, territories, tribal governments, and local communities for hazard mitigation activities. FEMA and Cal-OES recognize the growing hazards associated with climate change, and of the need for natural hazard risk mitigation activities that promote climate adaptation and resilience.
Over the past several years, the City has experienced wildfires and power outages.
The impact of these incidents has been substantial to the landscape, residents, and City infrastructure. In response, the City is proposing to submit a BRIC application for a Wildfire Resiliency Project to fortify potable water infrastructure within the City’s water service area along with installation of battery microgrids at five water pump stations to serve as an alternative power source during wildfires and power outages. Other elements of the grant include a low-income home hardening program, fuel reduction through invasive species removal, and the creation of an Ember Buffer Zone along the 101 Freeway.
In July 2022, staff submitted a Notice of Intent (NOI) to Cal-OES for BRIC program grant funding. In September 2022, staff was advised that its NOI was accepted, allowing the City to proceed with the submittal of a formal application for funding.
The BRIC application process is a nationwide competitive grant opportunity that allows cities to apply for up to $15.0 million to fund hazard reduction and prevention programs. The program requires a 25 percent local funding match.
DISCUSSION/ANALYSIS:
The preparation of the City’s application for the BRIC grant is a cooperative effort between the City, Conejo Open Space Conservation Agency (COSCA), and the County of Ventura. The City will partner with COSCA on projects involving invasive species management and fuel reduction, as well as planting live oak trees in some fuel treatment areas to function as ember barriers. On November 9, 2022, the COSCA Board will review the proposed grant allocation and proposed contribution of match funding. The proposed grant award and local match allocation between the City and COSCA is outlined as follows:
Item No.7H
BRIC Federal Grant
November 1, 2022
4 2
9 BRIC Grant Application Funding
Project Task Task Cost City
(25% match)
COSCA
(25% match)
Federal
(75%)
City Water Reservoir
& Pump Station
Hardening and
Microgrid Construction
$9,500,000 Water Fund
$2,375,000
$0 $7,125,000
Home Hardening
Program
$1,000,000 General Fund
$250,000
$0 $750,000
Hazardous Fuel and
Invasive Species
Removal and Natural
Ember Traps
$4,000,000 $0 $1,000,000
$3,000,000
Appx. Total Project
Costs
$14,500,000 $2,625,000 $1,000,000 $10,875,000
Cal-OES expects grant awards to be announced by August 2023 and projects to be commenced by late 2023 or early 2024. Staff will return to City Council for acceptance of the grant and will also include the required 25 percent matching funds in the upcoming FYs 2023-25 Capital and Operating Budgets.
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goals:
C. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California's most desirable places to live, work, visit, recreate, and raise a family.
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: Grahame Watts, Emergency Services Manager
DPW: 520-10\gw\ev\Council\2022\11012022\ BRIC Grant.docx Item No.7H
cdd:660-21 /City Council Ordinance (FILE ID: MCA-2022-70571, SPA 2022-70799)
Ord. No. 1706-NS
ORDINANCE NO. 1706-NS
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF THOUSAND OAKS AMENDING THE
THOUSAND OAKS BOULE VARD SPECIFIC PLAN
(SP-20), AND THE THOU SAND OAKS MUNICIPAL
CODE BY ADDING SECTION 9-4.2528 IN ARTICLE
25 TO TITLE 9, CHAPTER 4; AMENDING SECTION
9-4.202 IN ARTICLE 2 TO TITLE 9, CHAPTER 4;
AMENDING SECTIONS 9- 4-2105 AND 9-4-2106 IN
ARTICLE 21 TO TITLE 9, CHAPTER 4; AND
AMENDING SECTION 9-4. 2402 IN ARTICLE 24 TO
TITLE 9, CHAPTER 4, TO MODIFY EXISTING
STANDARDS AND ESTABLISH NEW
DEVELOPMENT AND ZONING STANDARDS
RELATED TO SELF-STOR AGE, MINI-STORAGE,
AND SIMILAR USES IN CERTAIN ZONES. (MCA-
2022-70571, SPA 2022-70799)
The City Council of the City of Thousand Oaks does hereby ordain as follows:
Part 1
Section 9-4.2528 (Self-storge facilities) of Article 25 of the Thousand Oaks Municipal Code is added to read as follows:
Section 9-4.2528 of the Thousand Oaks M unicipal Code is added to read as follows:
Sec. 9-4.2528. Self-Storage Facilities
(a) Intent and purpose. The intent and purpose of this section is to define where a self-storage facility may be permitted within the City of Thousand Oaks and to provide development require ments, design guidelines, and operational standards and limitations imposed for such facilities. Section 9-
4.202 of the Thousand Oaks Municipal Code provides a definition for such facilities.
(b) Permitted: Conditions and limitations . Self-storage facilities may be a primary use in the M-1 and M-2 zones if a Special Use Permit application has been approved by the Planning Commission and as provided by Article 18 of this chapter. The physical build ing the self-storage facility use is located within is subject to the pre scribed zoning district standards and permitting process, unless otherwise stated in the following standards:
Item No.7I
cdd:660-21 /City Council Ordinance (FILE ID: MCA-2022-70571, SPA 2022-70799)
Ord. No. 1706-NS
(1) Zoning Designation. Self-Storage fa cilities are only allowed in the M-1 and M-2 zones with the approval of a Special Use Permit. (i) Distance standards. Self-storage facilities are prohibited to be located within 1,000 feet of R oute 101 Freeway or Route 23 Freeway, and within 500 f eet of any arterial roads as measured from the nearest property li nes and/or easement boundaries, whichever provides the greater distance. If any portion of a parcel is located within these linear dist ances, the whole of the subject lot is prohibited from containing a self-storage facility. (ii) Minimum lot size. Minimum lot size is 20,000 square feet. (iii) Maximum lot size. Maximum lo t size is two (2) acres (87,120 square feet).
(iv) Setbacks. Each facility shall maintain a minimum setback as prescribed for the zone and lot ty pe provided in Article 25, sections 9-4.2504, 2505, 2508, except as follows:
aa. Setbacks, Front: If ground floor office, retail, restaurant, and or caretaker unit is provided along the entire front of the structure on the street front age, then the flo wing standards shall apply:
i. M-1: minimum of 100 feet from the centerline of the
public street.
ii. M-2: Ten (10’) feet. For structures exceeding 30 feet in height, an additional one (1’) foot for each two (2) feet in height is required.
bb. If the above-mentioned ground floor uses are not provided, the building must be placed behind another building on the same parcel with a minimum setback of one hundred (100') feet from the property line along the street frontage.
(v) Maximum height. Thirty-fiv e (35’) feet in height.
(2) Architectural Standards. Self-stor age facilities shall comply with the following design standards:
(i) Single uninterrupted wall panes shall be softened with the use of staggering vertical walls a minimum of six (6”) inches, roof overhangs designed for solar shading, and deep reveals at construction joints.
(ii) 360-degree building ar chitecture is required. The buildings shall adhere to the City of Thousand Oaks adopted Design Guidelines for Commercial Development Proj ects and Industrial Projects, which may be amended from time to time.
(iii) Colors and materials. Contrast ing colors, patterns, textures and finished shall be used to add variety and interest to structures.
Item No.7I
cdd:660-21 /City Council Ordinance (FILE ID: MCA-2022-70571, SPA 2022-70799)
Ord. No. 1706-NS
aa. Muted earth tone colors (suc h as off-white, ochre, sienna, umber, beige, tan, brown, or other similar subdued colors) are required for primary building su rfaces. Richer color accents may be used on limited architec tural elements, such as, covered entries, window awnings and solar shading elements, and fascia elements, but not tower elements.
bb. Materials. A maximum of four exterior building materials are permitted. Materials such as ma sonry, brick, concrete, or wood can be combined to attractively define scale
(iv) Windows and Doors. Window conf igurations shall be compatible with the design of the building. Recessed openings shall be used to provide contrast by varying patterns of shades, sunlight, and depth. Storefront glass systems are required for the office, retail, and restaurant spaces. Regular inte rvals of glazing is required on the remainder of the building fronting the public right-of-way.
No spandrel glass to be used on the building’s exterior façade. aa. Entrances and access.
i. Pedestrian friendly elements, such as trellises,
pergolas or landscaped allées in parking areas leading
to the main entrance and along the building fronting the public right-of-way are required.
ii. Self-storage facilities shall not have individual
entrances to storage units accessible from the exterior of the building. Access to self-storage units shall be from enclosed interior corri dors, except self-storage
units for the storage of moto rcycles, automobiles, or
recreation vehicles which are accessed by a 26-foot-
wide drive-aisle with adequat e circulation for fire
engines to access each ground level unit. Exterior
access for storage units for motorcycles, automobiles,
or recreation vehicles are to be fully screened by the
building from the street.
(v) A dedicated covered loading zone located at building entrances connected to the interior corridor s measuring twelve (12’) feet wide by twenty (20’) feet deep and fourteen (14’) feet clear is required for each 10,000 square feet of gross floor area and must be screened from the public right-of-way.
(vi) Elevators, lifts, or ramps are required for all self-storage facilities which are two-stories or taller.
(vii) Roofs. A variety of roof shapes and forms shall be utilized to add character and diversity. Appearanc e of roofs shall be improved with the use of steeper roof slopes and integrated fascia’s, darker colors, concealed fasteners, and other treatments.
Item No.7I
cdd:660-21 /City Council Ordinance (FILE ID: MCA-2022-70571, SPA 2022-70799)
Ord. No. 1706-NS
(viii) Mechanical equipment. Mechanical equipment shall be located on the rooftop, screened with parapet walls, mechanical recesses, or other means.
(ix) Landscaping. Landscaping shall mi nimize the visual dominance and break the visual continuity of the surface area parking areas, shall compliment on-site pedestri an circulation and amenities, and serve to moderate pavement temperature.
(x) Screening of parking areas. Pa rking areas shall be screened form the public right-of-way. Screeni ng may include decorative walls, landscaped berms, shrubs, trees, and other landscaping or other screening methods as deemed appropr iate by the Community Development Director or designee.
(3) Operational Standards. Self-storage facilities shall include the following operational standards:
(i) Individual Rental Storage Unit. No individual rental storage space shall exceed five hundred (500) square feet.
(ii) Climate controlled. All self-sto rage units shall be individually climate controlled and maintained at a temperatur e of 55 to 80 degrees Fahrenheit, and 50% to 55% humidity.
(iii) Lighting. The use of lighting mu st be integrally designed as part of the built environment and shoul d reflect a balance of the lighting needs for the self-storage facility and surrounding nighttime characteristics of the community.
aa. Lighting should be designed to minimize glare and light spillover and maximize energy conservation.
bb. Full cut-off fixtures reduced mounting heights, and the use of shielding should be utilized to effectively control glare and light trespass.
cc. Maximum height of any light standard shall be fourteen (14’) feet.
dd. Low pressure sodium and mercury vapor lamps are
prohibited.
ee. Photometric plans are r equired with all applications requesting self-storage facility lighting.
(iv) Backup power. Each self-s torage facility shall be equipped with a back-up generator or photov oltaic and battery system capable of powering the entire facility for a minimum period of 12 hours. (v) Security Features. Prior to commencing the self-storage facility operation, the facility shall in stall automatic pedestrian and vehicle gates with electronic acce ss, individual door alarms, surveillance cameras and monitoring stations.
aa. Pedestrian and vehicle gates shall be architecturally compatible with the struct ure as determined by the
Community Development Director. The location and operation of the gates shall not interfere with the pedestrian and vehicle Item No.7I
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movement in the public right-of-way as determined by the Public Works Director. Access to open the gates must be provided in accordance with emergency services
requirements.
bb. Door alarms, surveillance cameras and monitoring station systems shall be maintained at a reasonable industry
standard and shall be operated 24-hours a day to monitor, at a minimum, the entrances and exits, any centralized point of sale and areas immediately su rrounding the exterior of the business. Specifics of the systems, and any upgrades to the systems, shall be developed by the applicant in consultation with and approved by the City’s Police Department.
(4) Mixed Use. Mixed Use. For parcels that front onto a public street, mixed uses of office, retail, restaurant, and or caretaker uses are required on the ground floor along the entire frontage of the bui lding. Street-level nonresidential active uses shall occupy the street leve l floor area for a minimum depth of twenty (20’) feet.
(5) Caretaker Unit. Caretaker Unit. A self-storage facility shall include one on-site caretaker unit for one or more persons employed by and residing at the self-storage facility, in addition to one on-site management office for the purpose of on-site management and security.
(i) The caretaker unit shall have individual entrances, directly accessible to the exterior of the self-storage facility structure and placed in a location nearest the public-right-of-way within the self- storage facility building. The caretaker unit is not required to have direct access to the management office.
(ii) An annual affidavit shall be submitted to the Community Development Director, which states that the unit is occupied by one or more persons employed by the self-storage facility, the number of people living in the unit, and the annua l rental rate of the caretaker unit.
(iii) Occupancy of the caretaker’s unit shall be contingent upon the continual operation of the self-storage facility; and the caretakers unit use shall immediately cease if the storage facility ceases its operation.
(6) Accessory Uses. Accessory ex terior storage within secured transportable units shall be confined to the area to the rear of the principal building, or t he rear two-thirds of t he property, whichever is more restrictive. The units s hall be placed on hardscape material and screened from view from any property line by appropriate walls, fencing, earth mounds, or landscaping. Exte rior storage shall not displace required parking or landscaping.
(7) Prohibitions.
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(i) The following are prohibi ted in a self-storage unit aa. Habitation.
bb. Storage of toxic or hazardous materials.
cc. Sale or distribution of stored goods.
dd. Operation of any business.
(ii) The following are prohibited from a self-storage operation:
a. Truck rental and the exterior storage of recreational vehicles and boats is prohibited from and on the property.
(8) Existing Self-storage Facilities.
(i) Existing Uses deemed approved.
aa. All permitted legal nonconforming self-storage facilities in existence and lawfully operating in the city immediately prior to the effective date of this Section shall be considered a “deemed approved” self-storage facility.
bb. A deemed approved facility may continue to lawfully operate consistent with issued permits.
cc. Modifications and additions to a deemed approved facility can be processed in conformance wit h the standards set forth in Section 9-4.2702 Nonconforming Buildings and Uses. Any addition of square footage to a deemed approved facility shall require the deemed approved facility to provide the caretaker unit and related parking. The new addition shall be required to implement all of the Ar chitectural and Operational
Standards to and within the addition and may upgrade the rest of the deemed approved facility to be in compliance with the Architectural and Operational standards.
dd. Any discontinuance of a deemed approved facility for six or more months shall be deemed abandoned and require
approval of a new Special Use Permit and a Development
Permit or Minor Modification in compliance with this Chapter.
Part 2
The following definition is deleted from Section 9-4.202 (Definitions) of Article 2 of the Thousand Oaks Municipal Code:
“Warehouse” shall mean a building or buildings used primarily for the storage of goods of any type when such building contains more than five hundred (500) square feet of storage space and where no assembly, manufacturing, or retail operation is conducted within the use.
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The following definitions are added to Section 9-4.202 (Definitions) of Article 2 of the Thousand Oaks Municipal Code:
“Caretaker Unit” shall mean a dwelling un it provided as an accessory use for a person employed to take care of the building and property on which the caretaker unit is located.
“Mezzanine” shall be considered a portion of the story below. Such mezzanines shall not contribute to number of stories but the mezzanine’s area shall be included in the total building s quare footage. The clear height above and below the mezzanine floor construction shall be not less than seven (7’) feet.
“Self-storage” shall mean a building or buildings containing various sizes of storage compartments, stationary or portable, wherein each co mpartment is offered for rent or lease for the pr ivate storage of materials to the general public or businesses, who are to have access to space for the purpose of storing and removing property or for individual storage containers but not the sale of materials.
Self-storage does not include a garage or other storage area in a private residence, warehouse, or a public utility. Also know n as “mini-storage”, “mini-warehousing”, and “personal storage”, as commonly referred to in the industry.
“Warehousing” shall mean the storage of materials to be used in manufacturing processes and or finished products which are intended to be distributed and or sold. These materials and products are to be kept entirely within a building. Such facilities may include loading fac ilities and management offices. Product distribution facilities where the ma terials, products and or goods to be moved/transferred are stor ed entirely within a buildin g are also included. No assembly, manufacturing, or retail operation is conducted within the building. This use class does not include self-storage facilities, storage and transport of recycled/solid waste or storage of hazardous materials.
“Wholesaling” shall mean the indoor storage and distri bution of merchandise, packages, and bulk goods. Retail sales to the public are not included. This classification includes importing and sale of imported goods, wholesale distribution, and the wholesale of vehicl es, provided there are no retail sales or repair, and the vehicles are stored within a building. Associated activities, such as packaging and crating, and inci dental loading facilities and management offices are included.
Part 3
Section 9-4.2105 (Permitted use matrix – Non-Residential zones) of Article 25 of the Thousand Oaks Municipal Code is amended to read as follows:
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Non-Residential Zoning Classifications
Land Use
Category
C-O C-1 C-2 C-3 C-4 C-2/AM M-1 M-2 P-L O-S
For meaning of
DP/SUP1 see
footnote at end of
matrix
…
Warehousing, storage and distribution
Contractor
storage yards
DP/
SUP1
DP/
SUP1
Equipment
rental, repair
and storage
businesses,
per limitation
in Sec. 9-
4.2106(dd)
SUP DP/
SUP1
DP/
SUP1
Ice and cold
storage
plants
DP/
SUP1
Public
maintenance
and storage
yards
SUP
Self-storage
(mini-storage)
per limitation
of Sec.
9-4.2528
DP &
SUP2
DP &
SUP2
Storage yards
for transit and
transportation
equipment
DP/
SUP1
DP/
SUP1
Warehouses SUP DP/
SUP1
DP/
SUP1
Wholesale
businesses,
storage
buildings and
warehouses
DP/
SUP1
DP/
SUP1
General Note:
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1. In the M-1 and M-2 zones, the entry " DP/SUP1" means that a development permit is required if the use is located more than four hundred (400') feet from any existing residentially zoned property. Otherwise, a special use permit with Planning Commission review is required. The entry SUPA/SUP1 means that if the use is located more than four hundred (400') feet from any existing residentially zoned property, then the use requires an administrative special use permit.
Otherwise, a special use permit with Planning Commission review is required.
2. A Development Permit is required for the structure. A Special Use Permit is required for the self-storage facility use.
Part 4
Section 9-4.2106 (Limitati ons on specific uses) of Article 25 the Thousand Oaks Municipal Code is amended to delete the following language and retain the remaining language:
…
(ee) Self storage facilities in C-2 zone. In the C-2 zone, self-storage buildings limited to public use and rental are subject to the following conditions and limitations:
(1) Office and/or retail devel opment shall be a component of the same development and shall be located on the street frontage; (2) Self-storage buildings shall be located behind the o ffice and/or retail building(s) with a minimum setback of one hundred (100') feet from the property line along the street frontage;
(3) The maximum size of the self storage facility shall not exceed five (5) acres, and no individual rental storage space shall exceed five hundred (500) square feet; (4) Self-storage buildings shall be permissible only on parcels legally created prior to July 1, 2011, which as of that date have a lot depth that is more than four (4) times the lot width.
…
Part 5
Section 9-4.2402 (Parking spaces required) of Article 24 of the Thousand Oaks Municipal Code is amended to read as follows:
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Every use hereby inaugurated and every building or structure hereafter erected or altered shall have permanently maintained parking spaces in accordance with the provisions as set forth in this section.
The number of off-street parking spaces required shall be no less than the following:
Use Parking Spaces Required
(a) Residential types
…
(8) Dwelling, Caretaker Unit Two (2) spaces (enclosed or covered) per unit, plus one (1) additional space
per unit for guest parking.
…
(d) Manufacturing types:
…
(6) Self-storage facility
Five (5) minimum spaces per self-
storage facility, consisting of one (1)
space for every one-hundred (100)
storage units or fraction thereof with a
minimum of three (3) spaces being
provided and two (2) additional spaces
for the manager’s office.
Required parking spaces shall not be
rented as or used as vehicular storage.
Part 6
Appendix A of the Thousand Oaks B oulevard Specific Plan (SP-20) is amended to read as follows:
…
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Thousand Oaks Boulevard Specific Plan Land Use Table
Land Uses
Frontage on
Thousand
Oaks
Boulevard
Adjacent to a
Residential
Zone or existing
stand-
alone Residential
Other Area
within
Specific
Plan*
- Liquor stores
- Garden centers
P
P
P
SUP
(A)
P
P
Over 20,000 square
feet in size
SUP(A) SUP(A) SUP(A)
S
Schools, special
instruction
- Dance, music
martial arts
- Art, computer,
language, tutoring,
testing centers,
weight control and
drivin
g
P
P
SUP(A)
P
P
P
Schools, trade and
vocational
NP P P
Self-storage facilities NP NP NP
Smoking
lounges/cafes (cigar
and hookah
)
SUP(A) NP SUP(A)
Storage yards for
transit and
transportation
equipment
NP NP SUP(A)
T
Telephone answering
services
NP P P
Temporary use (Per
TOMC)
P P P
NP= Not Permitted P=Permitted SUP(A)= Administrative special Use Permit SUP(PC)=Planning Commission Special Use Permit
*Note: Other Areas include buildings that are located behind buildings which front Thousand Oaks Boulevard.
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…
Part 7
(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.
Part 8
(Uncodified)
Effective Date
This Ordinance shall take effect on the thirty-first (31st) day following its final passage and adoption.
PASSED AND ADOPTED THIS XX
th DAY OF XXX, 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: ______________
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APPROVE AS TO FORM:
Office of the City Attorney
_________________________
Tracy M. Noonan, City Attorney
APPROVE AS TO ADMINISTRATION:
________________________________
Andrew P. Powers, City Manager
Introduced:
Published:
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. 1707-NS
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
THOUSAND OAKS TO REPEAL SECTIONS 8-1.01
THROUGH 8-1.24 AND CHAPTERS 5, 6, 7, 8, 10, 14, 16,
AND 17 OF TITLE 8, AND TO READOPT SECTIONS 8-1.01
THROUGH 8-1.24 AND CHAPTERS 5, 6, 7, 8, 10, 14, 16,
AND 17 TO TITLE 8 OF TH E MUNICIPAL CODE BY
ADOPTING BY REFERENCE TITLE 24 2022 CALIFORNIA
CODE OF REGULATIONS, INCLUDING THE CALIFORNIA
ADMINISTRATIVE CODE, CALIFORNIA BUILDING CODE,
CALIFORNIA RESIDENT IAL CODE, CALIFORNIA
EXISTING BUILDING CODE, CALIFORNIA HISTORICAL
BUILDING CODE, CALIFORNIA MECHANICAL CODE,
CALIFORNIA PLUMBING CODE, CALIFORNIA
ELECTRICAL CODE, CALIFORNIA ENERGY CODE,
CALIFORNIA GREEN BUILDING STANDARDS CODE,
CALIFORNIA REFERENCED STANDARDS CODE, AND
2021 INTERNATIONAL PROPERTY MAINTENANCE
CODE, AND ADDING SECTION 8-1.27 RELATING TO
EMERGENCY HOUSING AND CHAPTER 4 TO TITLE 8
RELATING TO CODE ADMINISTRATION (MCA 2022-
70456)
WHEREAS, a public hearing concerning the adoption of this ordinance was held on October 25, 2022; and
WHEREAS, notice of such hearing was published as required by law; and
WHEREAS, Title 24 California Code of Regulations, 2022 California Building Code, was approved by the California Building Standards Commission and becomes effective Statewide on January 1, 2023; and
WHEREAS, full copies of the Title 24 California Code of Regulations, 2022 Editions of the California Building Code, California Residential Code, California Existing Building Code, California Historical Building Code, International Property Maintenance Code, California Mechani cal Code, Californi a Plumbing Code, California Electrical Code, California Energy Code, Calif ornia Green Building Standards Code, California Refer enced Standards C ode, and the 2021 International Property Maintenance Code (herein after re ferred to as 2022 California Building Codes), to be adopted by reference, were on file and available for review in the office of the Building Official for fifteen (15) days prior to the public hearing, and shall remain in said office; and
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WHEREAS, California Health and Safety Code Sections 17958, 17958.5 and 17958.7 require the gover ning body of a city, prior to adoption of any amendments, additions, deletions, or revisions to the California Building Code, to expressly find that such amendments are reasonably necessary and required due to local climatic, geological, or topographical conditions; and
WHEREAS, after due consideration, the City Council hereby finds that due to local climatic, geologic and topographic conditions that exist in Thousand Oaks, amendments and revisions to the Title 24 California Code of Regulations, 2019 California Building Codes, are reas onably necessary and required to provide sufficient and effective protection of life, health, safety, welfare, and property; and,
WHEREAS, in support of these am endments, additions, deletions, and revisions, the City Council hereby makes the following findings:
1. The City Council, after due consi deration, finds and determines that, due to the need to establish administr ative procedures to enforce the California Building Code, as well as due to local climatic, geological, or topographical conditions, incl uding unusual soil conditions prevailing within the City, the public health and welfare would best be served by adding to and amending the California Building Code, related to grading. The City of Thousand Oaks contains several types of soil materials, but none as renow ned as the expansive clay that caused massive foundation failures in the Conejo Valley during the early 1960's (prior to the City’s incor poration). The area is also in a seismically active area underlain by faults capable of producing significant earthquakes.
2. Thousand Oaks experiences unique lo cal climatic conditions and local weather phenomenon which include per iods of high temperature accompanied by low humidity and st rong winds each year. These conditions create a high fire ri sk which may exacerbate fire development and fire spread. As a di rect result of these climatic conditions, more stringent construction regulations are required to limit potential fire damage and to establis h specific fire construction, reconstruction, and repair criteria . For example, typically from September to May, th e strong, hot, and dry “Santa Ana” winds may result in wind-driven wil dfire or non-wildfire ev ents. These climatic conditions warrant departure from t he California State Building Code regulations and introduction of more stringent construction regulations to limit potential fire damage and to establish specific fire construction, reconstruction, and repair criteria.
3. Thousand Oaks is located in a pot entially high seismic activity zone and has unique local geological conditions, which may result in Item No.7J
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earthquake hazards. Proximate and potentially active faults include the Boney Mountain Fault, Sycamore Canyon Fault, and Simi-Santa Rosa Valley Fault. The City also possesses poor soil quality, from sandy to rocky soil, including expansive (shrink/swell) soil, which may produce embankment failure, hydro-compacti on/hydro-collapse, subsidence, and settlement. As a direct result of such geological findings, structures require deeper foot ings/foundations with additional reinforcement to mitigate these in stability factors. Thousand Oaks is also located in a valley where the soil is predominantly expansive, where soil volume expands as water/ moisture content increases and shrinks as water/moisture content decreases. As a direct result of these geological conditions, more stringent construction regulations are required to limit potential se ismic and potentially damaging soil conditions, and to establish specific seismic and soil construction, reconstruction, repair, and reinforcement criteria.
4. Thousand Oaks contains mountainous terrain and knolls with steep slopes and uneven hillsides which can contribute to wildfire risk. The City possesses several flood hazard areas subject to periodic inundation, which may result in li fe and property loss or destruction, sanitation, and other health, safety , and welfare hazards. Seasonal rains may oversaturate the soil, causing periodic landslides, mudslides, rockslides, rockfalls, and debris flow and creating detrimental effects on in-ground structures. Such conditions contribute to flooding, debris flow, landslide, and mudslide hazards. As a direct result of these topographical conditi ons, more stringent construction regulations are required to limit potential dam age, and to establish specific construction, reconstruction, and repair criteria.
NOW, THEREFORE, the City Council of the City of Thousand Oaks does ordain as follows:
Part 1
Sections 8-1.01 through 8-1.24 and Chapter s 5, 6, 7, 8, 10, 14, 16, and 17 of Title 8 of the Thousand Oaks Municipal Code are hereby repealed.
Part 2
Sections 8-1.01 through 8- 1.24 of Chapter 1 of Title 8 of the Thousand Oaks Municipal Code are hereby readopted and Section 8- 1.27 is added to read as follows:
CHAPTER 1. BUILDING CODE
Sec. 8-1.01. Amendments: California Building Code.
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The City Council, after due consideration, finds and determines that due to the geographical location of the City and the unusual c limatic, geological, and topographical conditions prevailing within t he City, the public hea lth, safety, and welfare would best be served by adopting and amending the 2022 California Building Codes.
Sec. 8-1.02. Adoption of California Building Code.
Those certain Codes designated as the 2022 Edition of the California Building Codes, based upon the 2021 Edition of the International Building Codes, published by the International Code Council, as amended herein are adopted and incorporated by reference, including Appendices I, J, and P, except as herein amended. Said California Building Codes are hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this chapter, and said California Building Codes, includ ing Chapter 1, Division II, Scope and Administration as amended herein, shall be known as the Building Code of the City.
At least one (1) copy of the 2022 Edition of the California Building Codes is on file in the office of the Building Official for public record and inspection.
Sec. 8-1.03. Purpose.
The purpose of said California Build ing Codes is to provide minimum standards to safeguard life or limb, property, and public health, safety, and welfare, by regulation and control of the design, construction, addition, alteration, conversion, erection, installation, loca tion, relocation, demolition, repair, maintenance, occupancy, and use of all structures and buildings located within the City and equipment regulated therein.
Sec. 8-1.04. City.
The name "City of Thousand Oaks" is hereby inserted in any and all blank spaces provided in said California Build ing Standards Codes for the name of the jurisdiction adopting said C odes, and wherever the word "city" or "jurisdiction" appears in said Codes or is otherwise used, it shall mean and refer to the City of Thousand Oaks.
Sec. 8-1.05. Amendments: Volume 1, Chapter 1, Division II
Chapter 1, Division II of said California Building Code is hereby amended by amending Section 101.2 Scope., to read as follows:
101.2 Scope.
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The provisions of this code and Title 8, Chapter 4, the City of Thousand Oaks Code Administration shall apply to the construc tion, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.
Exception: Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress, and their accessory structures not more than three stories above grade plane in height, shall comply with this code or the California Residential Code.
101.2.1 Appendices.
Provisions in the appendices shall not apply unless specifically adopted.
Sec. 8-1.06. Reserved.
Sec. 8-1.07. Reserved.
Sec. 8-1.08. Reserved.
Sec. 8-1.09. Amendments: Chapter 1, Division II, Section 110: Inspections.
Section 110.3.6 “Lath and gypsum board inspection” is hereby amended by removing the Exception and is to read as follows:
110.3.6 Lath, Gypsum Board and Gypsum Panel Product Inspection
Lath, gypsum board and gyps um panel product inspections shall be made after lathing, gypsum board and gypsum panel pr oducts, interior and exterior, are in place, but before any plastering is applied or gypsum board and gypsum panel product joints and fasteners are taped and finished.
Sec. 8-1.10. Reserved.
Sec. 8-1.11. Reserved.
Sec. 8-1.12. Reserved.
Sec. 8-1.13. Reserved.
Sec. 8-1.14. Amendments: Chapter 15, Section 1505 Fire Classification.
Section 1505.1 “General” is amended by removing the reference to Class B and C roof assemblies and roof coverings.
Table 1505.1 “Minimum Roof Coveri ng classification for Types of Construction” is amended as follows:
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For all types of construction, the Mi nimum Roof Covering Classification is Class A.
Section 1505.1.2 “Roof covering wit hin all other areas” is amended by changing the reference from Class C to Class A.
Sections 1505.3, 1505.4, and 1505.5 of the Califor nia Building Code are deleted.
Section 1505.6 “Fire-retardant treat ed wood shingles and shakes” is amended by removing the reference to Class B and C roof assemblies and roof coverings. Only Class A roof are allowed.
Sec. 8-1.15. Reserved.
Sec. 8-1.16. Reserved.
Sec. 8-1.17. Amendments: Chapter 18 Soils and Foundations.
A new Section 1803.8 is added to read as follows:
1803.8 Additional Tests and Reports.
The Building Official may require furt her tests where the type and class of soil is in question. The Building Official may require an engin eering geotechnical or geologic report, submitted by a State certified engineering geologist, on all sites as a condition precedent to the permit issuance to construct a building or structure.
Section 1804.1 “Excavation near foundations” is hereby amended to read as follows:
1804.1 Excavation Near Foundations
Excavation for any purpose shall not reduce vertical or lateral support for any foundation or adjacent foundation without first underpinning or protecting the foundation against detrimental lateral or vertical movement, or both, in accordance with Section 1803.5.7.
Refer to Title 8 Section 8-1.24 and Title 7, Chapter 3 of the Thousand Oaks Municipal Code for grading regulations administered by the Public Works Department, and for requirements governing excavation, grading, and earthwork construction, including fills and embankments.
Section 1807.1.4 “Permanent Wood Foundation Systems” is amended by to read as follows:
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1807.1.4 Permanent Wood Foundation Systems.
[OSHPD 1R, 2 & 5] Not permitted by OSHPD. Permanent wood foundation systems shall not be used for structures assigned to Seismic Design Category D, E or F. Permanent wood foundation system s shall be designed and installed in accordance with AWC PWF. Lumber and plywood shall be preservative treated in accordance with AWPA U1 (Commodity Specification A, Special Requirement 4.2) and shall be identified in accordance with Section 2303.1.9.1.
Section 1808.6 “Design for Expansiv e Soil” is amended, with adoption of subsections 1808.6.1 thru 1808.6.4 as published, to read as follows:
1808.6 Design for Expansive Soils
Foundations for buildings and structur es founded on expansive soils shall be designed in accordance with Section 1808.6.1 or 1808.6.2.
Exceptions: Foundation design need not comply with Section 1808.6.1 or 1808.6.2 where one of the following conditions is satisfied:
1. The soil is removed in accordance with Section 1808.6.3.
2. The building official approves stabil ization of the soil in accordance with Section 1808.6.4.
3. Foundations for buildings and stru ctures with shallow foundations may be designed in accordance with Section 1809 as amended herein.
Section 1808.7.1 “Foundations on or adjacent to slopes” is amended to read as follows.
1808.7.1 Building Clearance From Ascending Slopes
In general, buildings below slopes shall be set a sufficient distance from the slope to provide protection from slope drainage, erosion and shallow failures. Except as provided in Section 1808.7. 5 and Figure 1808.7.1, the fo llowing criteria will be assumed to provide this protection. Wher e the existing slope is steeper than one unit vertical in one unit horizontal (100-percent slope), the toe of the slope shall be assumed to be at the intersection of a hor izontal plane drawn from the top of the foundation and a plane drawn tangent to the slope at an angle of 45 degrees (0.79 rad) to the horizontal. Where a retaining wall is constructed at the toe of the slope, the height of the slope shall be measured from the top of the wall to the top of the slope.
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For SI: 1 foot = 304.8 mm.
FIGURE 1808.7.1
FOUNDATION CLEARANCES FROM SLOPES
The footings of all structures shall be setback from the tops and toes of slopes as far as necessary for adequacy of footing/foundation support and to prevent damage as a result of water r unoff or erosion of the slopes. Unless otherwise recommended in an approved soil engineering and/or engineering geology report, setbacks shall be no less than shown in Figure 1808.7.1 “Foundation Clearances from Slopes” or five (5') feet, whichever is greater. The setbacks given in that table are minimum requirements, and may be increased by the Building Official if considered necessary for safety or stability.
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Exceptions:
1. Retaining walls may be used to reduce the required slope setback when approved by the Building Official.
2. Footings for freestanding garden walls may be founded on three (3') feet minimum from the face of any slope.
3. The Building Official may waive the setback requirement for any structure where it is determined because of special design or unique circumstances.
No building or structure, or portion thereof, governed by this Code shall be constructed on any slope greater than 5:1 without a finding by the Building Official that the site is safe for its intended use. The Building Official may require a geological investigation, soil engineer's report, and/or the footing/foundation to be designed by a civil or stru ctural engineer registered as such by the State of California.
Section 1808.7.3 “Pools” is amended to read as follows:
1808.7.3 Pools
The setback between pools regulated by this code and slopes shall be equal to one-half the building footing setback di stance required by this section but not less than five (5’) feet. That portion of the pool wall within a horizontal distance of 7 feet (2134 mm) from the top of the slope shall be capable of supporting the water in the pool without soil support.
Table 1808.8.1 is amended to read as follows:
TABLE 1808.8.1
MINIMUM SPECIFIED COMPRESSIVE STRENGTH f'c OF CONCRETE OR GROUT
FOUNDATION ELEMENT OR CONDITION SPECIFIED
COMPRESSIVE
STRENGTH, f'c
1. Foundations for structur es assigned to Seismic
Design Category A, B or C. [OSHPD 1R, 2 & 5] Not
permitted by OSHPD.
2,500 psi
2a. Foundations for Group R or U occupancies of light-
frame construction, two st ories or less in height,
assigned to Seismic Desi gn Category D, E or F.
[OSHPD 1R, 2 & 5] Not permitted by OSHPD.
3,000 psi
2b. Foundations for other structures assigned to Seismic Design Category D, E or F
3,000 psi
3. Precast nonprestressed driven piles 4,000 psi
4. Socketed drilled shafts 4,000 psi
5. Micropiles 4,000 psi
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6. Precast prestressed driven piles 5,000 psi
For SI: 1 pound per square inch = 0.00689 MPa.
Section 1809.1 “General” is amended as to read as follows:
Shallow foundations sha ll be designed and constructed in accordance with Sections 1809.2 through 1809.13. All footing/foundation and/or slab designs shall be predicated upon a soil analysis. Said design shall not be less than those minimum requirements set forth in Table 1809.7(1) for each soil expansion range.
Post-tensioned slab design, when recommended by the soils engineer, may be used in lieu of the requirements when approved by the Building Official.
In areas where the soil is determi ned to be of an expansive range index over twenty (20), the soil u nder the footings and slabs shall be pre-saturated in accordance with Table 1809.7(1).
Section 1809.3 “Stepped Footings” is amended to read as follows:
1809.3 Stepped Footings.
The top surface of footings shall be level. The bottom surface of footings shall be permitted to have a slope not exceeding 1 uni t vertical in 10 units horizontal (10- percent slope). Footings s hall be stepped where it is necessary to change the elevation of the top surface of the footing or where the surface of the ground slopes more than 1 unit vertical in 10 units horizontal (10-percent slope).
[OSHPD 1R, 2 & 5] Individual steps in c ontinuous footings shall not exceed 18 inches (457 mm) in height and the slope of a series of such steps shall not exceed 1 unit vertical to 2 units horizontal (50-percent slope) unless otherwise recommended by a geotechnical report. The steps shall be detailed on the drawings. The local effects due to the discontinuity of the steps shall be considered in the design of the foundation.
For structures assigned to Seismic Design Category D, E or F, the stepped requirement footing/foundation wall shall al so apply to the top surface of grade beams, and supporting walls. Footings sha ll be reinforced with four (4) one-half (1/2”) inch diameter minimum deformed reinforcing bars. Two reinforcement bars shall be placed at the top and bottom of the footings in accordance with Figure 1809.1
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Figure 1809.1
Section 1809.4 “Depth and width of footings” is amended to read as follows:
1809.4 Depth and Width of Footings.
The minimum depth of footings below the undisturbed ground surface shall be 12 inches (305 mm). Where applicable, the requirements of Section 1809.5 shall be satisfied. The minimum width of footings shall be 12 inches (305 mm).
Footings for buildings and structures on expansive soils s hall have a depth and width not less than the minimum requirements set forth in Table 1809.7 (1).
Section 1809.7 “Prescriptive footings for light-frame construction” is amended to read as follows:
1809.7 Prescriptive Footings for Light-Frame Construction.
[OSHPD 1R, 2 & 5] Not permitted by OSHPD. When a specific design is not provided, concrete or masonry-unit f ootings supporting walls of light–frame construction shall be permitted to be designed in accordance with Table 1809.7(1).
Table No. 1809.7 is hereby deleted and all Code references to Table 1809.7 shall now refer to Table 1809.7(1).
A new Table No. 1809.7(1) entitled “MINIMUM FOOTING AND SLAB REQUIREMENTS” is hereby added as follows:
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TABLE 1809.7 (1)
MINIMUM FOOTING AND SLAB REQUIREMENTSa
Foundations for Slab & Raised Floor Systems
Concrete Slabs
3 ½” Minimum Thickness
4” over 51 E1 Premoistening of Soils under
Footings, Piers and Slabs
Restrictions on Piers
Under Raised Floors Expansion
Index
Number of Stories
Stem Thickness
Footing Width
Footing Thickness
All
Perimeter
Footings
Interior
Footings for
Slab & Raised
Floorsb Reinforcement for
Continuous
Foundations Depth Below Natural
Surface of Ground and
Finish Grace
Reinforce-
mentc
Total
Thickness
of Sand
0-20
Very low
(non-expansive)
1 2
3 6”
8”
10”
12”
15”
18”
6”
7”
8”
12”
18”
24”
12”
18”
24”
1-#4 top and bottom
#4 @ 48”
or
#3 @ 36”
2” Moistening ground recommended
prior to placing concrete.
Piers allowed for single
floor loads only.
21-50
Low
1 2
3 6”
8”
10”
12”
15”
18”
6”
7”
8”
15”
18”
24”
12”
18”
24”
1-#4 top and bottom 2”
3% over optimum moisture required
to a depth of 18” below lowest
adjacent grade. Testing required.
Piers allowed for single
floor loads only.
51-90
Medium
1 2
3 6”
8”
10”
12”
12”
15”
6”
8”
8”
21”
21”
24”
12”
18”
24”
1-#4 top and bottom #3 @ 24”
each way 4”
3% over optimum moisture required
to a depth of 18” below lowest
adjacent grade. Testing required.
Piers not allowed.
Footnote e
91-130
High
1 2
3 6”
8”
10”
12”
12”
15”
8”
8”
8”
27”
27”
27”
12”
18”
24”
2-#4 top and bottom #3 @ 24”
each way 6”
3% over optimum moisture required
to a depth of 24” below lowest
adjacent grade. Testing required.
Piers not allowed.
Footnote e
Above 130
Very high Special design by registered design professional d
a Slabs for masonry fireplaces shall be reinforced with No. 4 deformed bars at twenty-four (24”) inches on center both ways. b Interior footings on soils in the zero (0) index to twenty (20) index range of expansiveness need not be continuous. c All slab reinforcement shall be positioned above the center of the slab. d All foundations on soils that fall into an expansive index in excess of one hundred-thirty (130) shall have a special design by a foundation engineer registered as a soil or civil engineer in California, and such design shall not be less than the minimum standards specified in Table 1809.7(1) for soils with an expansion index between ninety-one (91) and one hundred thirty (130). e Exterior footing to slab L shaped dowel bars #3 bars @ 24” o.c., 12” into footings, 36” into slab required.
a Slabs for masonry fireplaces shall be reinforced with No.4 deformed bars at twenty-four (24") inches on center both ways. b Interior footings on soils in the zero (0) index to twenty (20) index range of expansiveness need not be continuous. c All slab reinforcement shall be positioned above the center of the slab. d All foundations on soils that fall into an expansive index in excess of one hundred-thirty (130) shall have a special design by a foundation engineer registered as a soil or civil engineer in California, and such design shall not be less than the minimum standards specified in Table 1809.7 (1) for soils with an expansion index between ninety-one (91) and one hundred thirty (130).
e Exterior footing to slab L shaped dowel bars #3 bars @ 24” o.c., 12” into footings, 36” into slab required.
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Section 1809.8 “Plain concrete footings” is amended, deletes exception and is to read as follows:
1809.8 Plain Concrete Footings
[OSHPD 1R, 2 & 5] Not permitted by OSHPD. Plain concrete footings shall not be utilized in structures assigned to Seismic Design Category D, E or F. The edge thickness of plain concrete footings supporting walls of other than light-frame construction shall be not less than 8 inches (203 mm) where placed on soil or rock.
Section 1809.12 “Timber footings” is amended to read as follows:
1809.12 Timber Footings.
[OSHPD 1R, 2 & 5] Not permitted by OSHPD. Timber footings shall not be utilized in structures assigned to Seismic Design Category D, E or F.
Timber footings shall be permitted for buildings of Type V construction and as otherwise approved by the building official. Such footings shall be treated in accordance with AWPA U1 (Commodity Specification A, Use Category 4B).
Treated timbers are not required where placed entirely below permanent water level, or where used as capping for wood piles that project above the water level over submerged or marsh lands. The compressive stresses perpendicular to grain in untreated timber footings supported on treated piles shall not exceed 70 percent of the allowable stresses for the species and grade of timber as specified in the ANSI/AWC NDS.
Sections 1809.15, 1809.16, and 1809.17 are added to read as follows:
1809.15 Slabs.
1809.15.1 Reinforcement.
All slabs founded on soils determined to be of an expansive index of over fifty (50) shall be doweled into foundation walls with No. 3 reinforcement steel bars minimum bent twelve (12") inches into the wall and thirty-six (36") inches minimum into t he slab at twenty-four (24") inches on center maximum. Interior walls with continuous footings/foundations shall have similar floor ties. Slab floors sha ll be reinforced as set forth in Table 1809.7 (1). All reinforcement in sl ab floors shall be positioned above the center of the slab.
Exception: An alternate design, such as a floating slab that eliminates the requirement for dowels, may be subm itted to the Building Official for approval.
1809.15.2 Nonresidential Structures: Perimeter grade beams.
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For all nonresidential structures which have isolated footings at their perimeters to carry vertical or horizontal loads, and at private garage door openings, a perimeter grade beam eight (8") inches minimum wide and conforming to the depth and reinforcement requirements in accordance with Table 1809.7(1) shall be cons tructed between discontinuous footing/foundation elements.
1805.15.3 Continuous Footings.
Whenever a daylight line between the cut or natural ground and the compacted fill falls within a propos ed building area, continuous footings shall be reinforced with two (2) No. 4 minimum continuous deformed steel bars, one placed at the top and one placed at the bottom. Alternate designs may be submitted to the Building Offi cial by a geotechnical engineer that include due allowances for dissimilar footing/foundation materials.
1809.15.4 Fine Grading.
Property sites shall be graded to dr ain to the public way or to a disposal area approved by the Building Official and/or City Engineer.
1809.15.5 Residential Accessory Buildings.
Residential accessory buildings not attached to the main structure need not have soil tests as required above; provided, however, the slab and footing/foundation standards as set forth for soil in the zero to twenty (0-20) expansive index range in Table 1809.7(1) shall be followed.
1809.15.6 Soil Tests: Alternatives.
In lieu of the required soil tests: At the discretion of the Building Official, footings/foundations for resi dential one-and two-family dwellings and additions to existing residences, where the expansive qualities of the soil are unknown, may use the requi rements of the ninety-one to one hundred-thirty (91-130) expansive index set forth in Table 1809.7(1); provided, however, that should ther e be reasonable belief by the Building Official that the soil has expansiv e qualities exceeding the one hundred- thirty (130) index, a special engineered design shall be submitted.
1809.16 Drainage.
1809.16.1 Roof Gutters and Downspouts.
When a building is located on expansive soil having an expansion index greater than fifty (50), gutters , downspouts, piping and/or other non- erosive devices shall be provided to collect and conduct rainwater to a street, storm drain or other approved watercourse or disposal area.
1809.16.2 Roof Waters.
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and/or slopes, or portion thereof. Conc entrated roof waters from gutter downspouts may be required to be conducted by an approved non-erosive drainage device to a point five (5') feet minimum in distance from the building footings/foundations and shall connect to swale or other means of yard drainage.
1809.16.3 Planters.
The design of planters in and/or immediately adjacent to buildings shall be submitted to, and be subject to the approval of, the Building Official prior to installation. Due considerat ion shall be given to the means or method employed in said design to prev ent intrusion of wa ter to the soils under the footing/foundation and/or slab.
1809.17 Adjacent Loads.
Where footings are placed at varying elevations, the effect of adjacent loads shall be included in the footing/foundation design.
Section 1810.3.2.4 is amended to read as follows:
1810.3.2.4 Timber.
[OSHPD 1R, 2 & 5] Not permitted by OSHPD. Timber deep foundation elements shall not be used in structures assigned to Seismic Design Category D, E or F. Timber deep foundation elements s hall be designed as piles or poles in accordance with ANSI/AWC NDS. Round timber elements shall conform to ASTM D25. Sawn timber elements shall conform to DOC PS-20.
1810.3.2.4.1 Preservative Treatment.
Timber deep foundation el ements used to support permanent structures shall be treated in accordance with this section unless it is established that the tops of the untreated timber elements will be below the lowest ground- water level assumed to exist during the life of the structur e. Preservative and minimum final retention shall be in accordance with AWPA U1 (Commodity Specification E, Use Ca tegory 4C) for round timber elements and AWPA U1 (Commodity Specificat ion A, Use Category 4B) for sawn timber elements. Preservative-treated timber elements shall be subject to a quality control program administer ed by an approved agency. Element cutoffs shall be treated in accordance with AWPA M4.
Sec. 8-1.18. Amendment Chapter 23 Wood.
Section 2304.10.2 “Fastener require ments” is amended with adoption of subsections 2304.10.2.1 as published, and add footnote “h” to Table 2304.10.2; is to read as follows:
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2304.10.2 Fastener Requirements.
Connectors and fasteners shall comply with the applicable provisions of Sections 2304.10.1 through 2304.10.8. Staple fasteners in Table 2304.10.2 shall not be used to resist or transfer seismic forces in structures assigned to Seismic Design Category D, E or F.
A new footnote h is added to Table 2304.10.2, as follows:
h. Staples shall not be used to resist or transfer seismic forces in structures assigned to Seismic Design Category D, E or F.
Section 2304.12.2.8 “Wood used in re taining walls and crib walls” is amended to read as follows:
2304.12.2.8 Wood Used in Retaining Walls and Cribs
Wood installed in retaining or crib walls shall be preservative treated in accordance with AWPA U1 for soil and fresh water use. Wood shall not be used in retaining or crib walls for structures assigned to Seismic Design Category D, E or F.
Sec. 8-1.19. Reserved.
Sec. 8-1.20. Reserved.
Sec. 8-1.21. Reserved.
Sec. 8-1.22. Reserved.
Sec. 8-1.23. Violations.
(a) It shall be unlawful for any person, firm, company or corporation to violate any provision or to fail to comply with any of the requirements of this Code.
Any person, firm, company or corporation violating any of such provisions or failing to comply with any of the mandatory requirements of this Code shall be guilty of a violation of this Code and, upon conviction thereof, shall be punishable as set forth in Chapter 2 of Title 1 of the Thousand Oaks Municipal Code. (b) Any person convicted of a misdem eanor under the provisions of this Code shall be punishable by a fine of not more than One Thousand and no/100ths ($1000.00) Dollars or by imprisonment in the County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code, or the prov isions of any code adopted by reference by this Code, is committed, continued, or permitted by such person and shall be punishable accordingly.
(c) In addition to the penalties provided by this section, any condition caused or permitted to exist in violation of any of the provisions of this Code, or the provisions of any code adopted by refe rence by this Code, shall be deemed a Item No.7J
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public nuisance and may be summarily abated by this City, and each day such condition continues shall be regarded as a new and separate offense.
Section 8-1.24. Amendments: Appendix J - Grading
The California Building Code, 2022 Edition, Appendix J is hereby amended as follows:
Section J101.1 “Scope” is amended to read as follows:
The provisions of this chapter appl y to grading, excavation and earthwork construction, including fills and embankments. Where conflicts occur between the City’s Municipal Code, the Geotechnical Report, and the technical requirements of this Chapter, the governing order of prec edence shall be as fo llows: the City’s Municipal Code followed by the Geotec hnical Report and then the technical requirements of this Chapter.
Section J101 “General” is amended by adding a new subsection J101.3 to read as follows:
J101.3 Additional Provisions.
Grading related work shall comply with the requirements of this code and the requirements of Thousand Oaks Municipal Code Title 7, Chapter 3.
Section J103.1 “Permits Required” is amended to read as follows:
J103.1 Permits required. Grading related work shall comply with the requirements of this code and the requirements of Thousand Oaks Municipal Code, Title 7, Chapter 3, Section 7.3.07 and Section 7-3.08 for permit requirements.
Section J103.2 “Exemptions” is hereby deleted.
Section J104 “Permit Application and Submittals” is amended by deleting subsections J104.1, J104.2, and J104.3
Section J104.5 “Additional provisions” is hereby added and is to read as follows..
J104.5 Additional Provisions.
Grading related work shall comply with the requirements of this code and the requirements of Thousand Oaks Municipal Code Title 7, Chapter 3.
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Section J105.1 “General” is amended to read as follows:
J105.1 General
Inspections shall be governed by Section 110, Chapter 1, Division II of this code.
Grading related work shall comply with the requirements of this code and the requirements of Thousand Oaks Municipal Code Title 7, Chapter 3.
Section J106.1 “Maximum Slope” is amended to read as follows:
J106.1 Maximum slope.
The slope of cut surface shall be no steeper than is safe for the intended use and shall be no steeper than two units horizontal to one unit vertical [fifty (50%) percent slope] unless the owner or aut horized agent furnishes a geotechnical report justifying a steeper slope in accor dance with the exceptions listed in the Thousand Oaks Municipal Code Section 7-3.19 for slope requirements.
Exceptions:
1. A cut surface shall be permitted to be at a slope of 1.5 units horizontal to 1 unit vertical (67-percent slope) provided that all of the following are met:
1.1. It is not intended to support structures or surcharges.
1.2. It is adequately protected against erosion.
1.3. It is not more than 8 feet (2438 mm) in height.
1.4. It is approved by the City Engineer.
1.5. Ground water is not encountered.
2. A cut surface in bedrock shall be permitted to be at a slope of 1 unit horizontal to 1 unit vertical (100-percent slope).
Section J106 is amended by adding a ne w subsection J106.2 to read as follows:
J106.2 Additional Provisions.
Grading related work shall comply wit h the requirements of this code and the requirements of Thousand Oaks Mu nicipal Code Section 7-3.19(b) for additional cut slope requirements.
Grading related work shall comply wit h the requirements of this code and the requirements of Thousand Oaks Municipal Code Section 7-3.19(c) for unstable material requirements.
Section J107.1 “General” is amended to read as follows:
J107.1 General.
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Unless otherwise recommended in the geotechnical report, fills shall comply with the provisions of this secti on and the requirements of Thousand Oaks Municipal Code Section 7-3.20 for Fill Requirements.
Grading related work shall comply wit h the requirements of this code and the requirements of Thousand Oaks Munici pal Code Section 7-3.22 for Buttress Fills.
Section J108.3 “Slope Protection” is to read as follows:
J108.3 Slope Protection.
Where required to protect adjacent properti es at the toe of a slope from adverse effects of the grading, addi tional protection, approved by the City Engineer, shall be included. Examples of such protection include but are not be limited to:
1. Setbacks greater than thos e required by Figure J108.1.
2. Provisions for retaining wa lls or similar construction.
3. Erosion protection of the fill slopes.
4. Provision for the cont rol of surface waters.
Section 109.3 “Interceptor Drain” is amended to read as follows:
J109.3 Interceptor Drains.
Interceptor drains shall be installed along the top of cut slopes receiving drainage from a tributary width greater than 40 feet (12 192 mm), m easured horizontally.
They shall have a minimum depth of 1 f oot (305 mm) and a minimum width of 3 feet (915 mm). The slope shall be approved by the City Engineer, but shall be not less than one unit vertical in 50 units horiz ontal (2-percent slope). The drain shall be paved with concrete not less than 3 inc hes (76 mm) in thickness, or by other materials suitable to the application. Discharge from the drain shall be accomplished in a manner to prevent er osion and shall be approved by the City Engineer.
Section J110 “Erosion Control” is amended by adding a new subsection J110.3 to read as follows:
J110.3 Additional Provisions.
Grading related work shall comply with the requirements of this code and the requirements of Thousand Oaks Municipal Code Title 7, Chapter 3.
Section 8-1.27. Amendments: Appendix P – Emergency Housing
Section P103.3 “Occupant Load” is amended to read as follows:
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P103.3 Occupant Load.
Except as otherwise stated in this appendix, the maximum occupant load allowed in buildings and structures used as emergency housing shall be determined by the enforcing agency, but the interi or floor area shall not be less than 64 square feet (5.9 m2) for one occupan t. Where more than one person occupies the building/structure, the r equired floor area shall be in creased at the rate of 50 square feet (4.65 m2) for each occupant in excess of one.
Exceptions:
1. Tents.
2. Recreational vehicles and park tra ilers designed for human habitation that meet the requirements in the Health and Safety Code, Sections 18009.3 and 18010, as applicable.
3. For emergency housing, including em ergency sleeping cabins, the minimum interior floor area may be reduced to 53 s quare feet (4.9 m2) if the enforcing agency determines that 53 square feet (4.9 m2) is adequate space for a single- occupancy sleeping unit.
Section P104.1 “General” is amended to read as follows:
P104.1 General.
Emergency sleeping cabins shall have an interior floor area of not less than 64 square feet (5.9 m2) for one occupant. Where more than one person occupies the cabin, the required floor area shall be increased at the rate of 50 square feet (4.65 m2) for each occupant in excess of one. The interior floor area shall not exceed 400 square feet (37 m2), excluding lofts.
Part 3
Chapter 4 of Title 8 of the Thousand Oaks Municipal Code is hereby added to read as follows:
CHAPTER 4. CODE ADMINISTRATION
Sec. 8-4.01.
Code Administration for Building Standards.
A. This chapter shall be known as the TECHNICAL CODES, may be cited as such, and will be referred to herein as "Thousand Oaks Code Administration" or "the building code" or "these regulations" or "these building standards", the "code", or "this code".
Sec. 8-4.02 Scope and Intent.
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A. Scope: This Chapter shall serv e as the administrative, organizational and enforcement rules and regulations for t he technical codes and other building and property health and safety regulations wit hin this title which regulate property maintenance and site prepar ation, construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, grading, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings and structures.
When conflicting provisions or require ments occur within this article or other codes or laws, provisions of Title 8, Chapter 4 shall govern.
Except as hereinafter changed or m odified, the building standards, which are published in the California building standards code, are applicable to all occupancies and uses throughout the city. Amendments to the building standards contained in the codes published by the model code organizations (ICC, IAPMO, and NFPA) by state agencies, are applicable only to those occupancies or uses which the state agency making the amendment is authorized to regulate.
B. Intent: The pur pose of this code adopted hereby is to provide minimum standards to safeguard the public health , safety, and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, accessi bility, sustainability, resiliency, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to firefighters and emergency responders during emergency operations.
Certain changes and modifications have been made in the adoption of this code because of the requirements of specific local conditions. Consistent with this purpose, the provisions of this code are intended and always have been intended to confer a benefit on the community as a whole and are not intended to establish a duty of care toward any particular person.
This code shall not be construed to hold the city or any officer, employee or agent thereof responsible for any damage to per sons or property by reason of any inspection authorized herein or by reas on of the issuance or nonissuance of any permit authorized herein, and/or for any action or omission in connection with the application and/or enforcement of this code. By adopting the provisions of this code, the city does not intend to impos e on itself, its employees or agents any mandatory duties of care toward persons and property within its jurisdiction so as to provide a basis of civil liability for damages.
This section is declaratory of existing law and is not to be construed as suggesting that such was not the purpose and intent of previous code adoptions.
Sec. 8-4.03 Applicability.
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A. Conflicts: Where there is a conflict between a general requirement and a specific requirement, the specific require ment shall be applicabl e. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. When conflicting provisions or requirements occur within this code or between this code and other codes or laws, the most restrictive provisions shall govern. Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.
B. Other Laws: The provisions of this code shall not be deemed to nullify any provisions of local, state, or federal law.
C. Referenced Codes And Standards: The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference.
D. Partial Invalidity: In the event that any part or provision of this code is held to be illegal or void, this shall not have th e effect of making void or illegal any of the other parts and provisions.
E. Existing Structures, Systems And Equipment: The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as other wise specifically provided in this code or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public an d provided continued use is not dangerous to life, health and safety.
Additions, alterations, repairs and changes of use or occupancy in all buildings, structures, and portions of building and structures, shall comply with the provisions for new buildings and structures except as otherwise provided for in this code.
Additions or alterations shall not be made to an existing building or building service equipment which will cause the existing bu ilding or building service equipment to be in violation of the provis ions of the technical codes nor shall such additions or alterations cause the existing building or building service equipment to become unsafe.
Equipment lawfully in existence at the time of the adoption of this code may have their use, maintenance, or r epair continued if their use, maintenance, or repair is in accordance with the original design and a hazard to life, health or property has not been created.
Buildings, structures, and equipment, existing and new, and parts thereof shall be maintained in a safe and sanitary condi tion. Devices or safeguards which are required by this code shall be maintained in conformance with the technical code under which installed. The owner, ow ner's agent, and occupant shall be Item No.7J
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responsible for the maintenance of buildings, structures, and their building service equipment. To determine compliance with this section, the building official may cause a structure to be reinspected.
A change in the use or occupancy of any existing building or structure shall comply with the provisions of this code and the existing building code.
It shall be unlawful for any person to own, use, occupy or maintain any building or structure or portion thereof, in the city, or cause the same to be done, contrary to, or in violation of, any of the provisions of this code.
Sec. 8-4.03. Purpose.
The purpose of said Code Administration is to provide minimum standards to safeguard life or limb, property, and pub lic health, safety, and welfare, by regulation and control of the design, construction, addition, alteration, conversion, erection, installation, location, reloca tion, demolition, repair, maintenance, occupancy, and use of all structures and buildings located within the City and equipment regulated therein.
Sec. 8-4.04. City.
The name "City of Thousand Oaks" is hereby inserted in any and all blank spaces provided in said California Build ing Standards Codes for the name of the jurisdiction adopting said C odes, and wherever the word "city" or "jurisdiction" appears in said Codes or is otherwise used, it shall mean and refer to the City of Thousand Oaks.
Sec. 8-4.05. Notice of Noncompliance.
Whenever the Building Official determines that work was performed without the required permit, in violation of the issued permit, or has not been conducted in accordance with the requirements of this Code, the Building Official may record a Notice of Noncompliance with the office of the County Recorder and shall notify the property owner of such action. The Notice of Noncompliance shall describe the property, shall set forth the noncomplying conditions, and shall state that the property owner has been so notified.
The Building Official shall submit a No tice of Compliance to the County Recorder when it is determined that noncompliant conditions have been corrected, abated, or removed.
A fee in accordance with the Thousand Oaks Building Code Fee Schedule shall be charged to the property owner to process such Notices.
Sec. 8-4.06. Power of Citation.
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The Building Official and authorized representative deputies and designees, as hereinafter provided shall have the power to issue citations pursuant to Chapter 5 of Title 1 of this Municipal Code whenever they have reasonable cause to believe that the person to be arrested has committed in their presence a misdemeanor, misdemeanor/infraction, or infraction, consisting of a violation of the provisions of this Code or any other ordinance or statute which the Building Official has duty to enforce.
The persons who are authorized to make arrests as herein provided shall consist of the Building Official and authorized representative deputies and designees, whose duties include administr ation, regulation, and enforcement activities for the City of Thousand Oaks.
Sec. 8-4.07 Delegates.
Wherever the term “Building Official” appears in this Building Code, it shall mean and refer to the Building Official of the City or his/her author ized representative deputy or designee.
Sec. 8-4.08. Permits.
A. Required: Except as specified in this code, no building, structure or building service equipment regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, installed, improved, removed, converted or demolished unless a separate, appropriate applicat ion has been made and permit for each building, structure or building service equipment has first been obtained from the building official. No grading shall occur without the prior procurement of a grading permit or as authorized by the building official.
B. Work Exempt From Permit: A pe rmit shall not be required for the types of work in each of the separate classes of permit as listed below. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in violation of the prov isions of the build ing standards codes, zoning code, or any other laws or ordinances of this jurisdiction.
Building Permits. A building permit shall not be required for the following:
1. One-story detached accesso ry structures used as a children's playhouse or tree house, equipment shed or utility building and similar uses provided that all of the following conditions exist:
(i) The building is accessory to a dwelling unit.
(ii) The building does not exceed one-hundred twenty (120) square feet maximum in area or twelve (12’) feet maximum in overall height from floor to roof.
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(iii) The building does not contain me chanical, electrical, or plumbing installations that require permits.
(iv) The building is not located in a front, side, or other yard wherein a setback is required by City zoning regulations.
(v) The building is separated more t han six (6’) feet minimum from any similar accessory structure and from the dwelling.
(vi) The structure is not regulated by Section 710A of the California Building Code.
2. Fences six (6’) feet maximum in hei ght or masonry block walls (3’) feet maximum in height when measured from top of soil on the lowest grade side of the wall.
3. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, not extending a yard on a downslope and/or with a soils retention depth of:
(i) Thirty-six (36") inches maxi mum above grade without a surcharge or (ii) Eighteen (18") inches maxi mum above grade with a surcharge or supporting a slope.
4. Repairs to roof coverings not exceeding a total of one-hundred (100) square feet maximum or constituting the entir e portion of a particular roof type within any 12-month period.
5. Detached decks which are twenty-nine (29”) inches maximum above grade.
6. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18 925 L) and t he ratio of height to diameter or width is not greater than 2:1.
7. Sidewalks and driveways not mo re than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route.
8. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
9. Temporary motion picture, televi sion and theater stage sets and scenery.
10. Prefabricated swimming pools accesso ry to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18 925 L) and are installed entirely above ground.
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11. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
12. Swings and other playground equipment accessory to detached one- and two-family dwellings.
13. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.
14. Nonfixed and movable fixtures, case s, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height.
Electrical Permits. An electrical permit shall not be required for the following:
15. Portable motors or other portable appl iances energized by means of cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by the California Electrical Code.
16. Repair or replacement components of fixed motors , transformers or fixed approved appliances of the same type and rating in the same location.
17. Temporary decorative lighting.
18. Repair or replacement of current-carrying parts of any switch, contactor or control device.
19. Reinstallation of attachment plug receptacles, but not the outlets thereof.
20. Repair or replacement of any overcurrent device of the required capacity in the same location.
21. Repair or replacement of electrodes or transforme rs of the same size and capacity for signs or gas tube systems.
22. Removal of electrical wiring.
23. Temporary, as defined in Section 108 of the California Building Code, for wiring for experimental purposes in suitable experimental laboratories.
24. The wiring for temporary, as defined in Section 108 of the California Building Code, for theater, motion picture or television stage sets.
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25. Electrical wiring, devices, appliances, apparatus or equipment operating at less than twenty-five (25) volts and not capable of supplying more than fifty (50) watts of energy.
26. Low-voltage electrical power, control and signal circuits of Classes II and III as defined in the California Electrical Code.
Plumbing Permits. A plumbing permit shall not be required for the following:
27. Water lines to residential refrigerators for ice-making machines.
28. Emergency Repairs. Where equipment replacements and repairs must be performed in an emergency situation and a permit is required, the permit application shall be submitted to the building official within the next working business day.
Sec. 8-4.09. Application for Permit.
To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the department of build ing safety for that purpose. Such application shall:
1. Identify and describe the work to be covered by the permit for which application is made.
2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.
3. Indicate the use and occupancy for which the proposed work is intended.
4. Be accompanied by construction documents and other information as required in Section 107 of the California Building Code.
5. State the valuatio n of the proposed work.
6. Be signed by the applicant, or the applicant's authorized agent.
7. Give such other data and information as required by the building official.
8. Applications for plumbing, mechanica l and electrical permits, describing the work to be done, shall be made in writ ing to the Building Official by a properly licensed contractor, his/her authorized representative, or by a person properly qualified and licensed by the Contra ctor's State License Board, under the provisi ons of the Business and Professions Code of the State of California, exc ept when and as otherwise hereinafter provided in Item No.7J
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this section. Permits may be issued to specialty-licensed contractors or licensed general building contractors w hen acting within the provisions of State Contracting License Law.
9. Any permit required by this Code may be issued to any person to do any work regulated by this Code in a single family dwelling used exclusively for living purposes, including the usual accessory buildings and quarters in connection with such building, in the event that any such person is the bona fide owner of any such dwelling and accessory buildings and quarters, and that the same are occupied by said owner, provided that such owner shall personally purchase all ma terial and shall personally perform all labor in connection therewith and demonstrate the knowledge and ability to perform said construction work in confo rmance with the requirements of the California Plumbing, Mechanical or Electrical Codes. If, in the opinion of the enforcing authority, such knowledge and ability is insufficient, a person licensed to do such work may be required.
Sec. 8-4.10. Time Limitation of Application.
Every permit application for which no permi t is issued within 180 days after the date of permit application shall expire by limitation and become invalid, unless such permit application is pursued in good faith or permit is issued, and construction documents and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Offi cial. The applicant shall submit permit application and construction documents and pay applicable permit application and plan review fees for such construction wo rk after expiration of the initial permit application. The Building Official may exte nd the time for action by the applicant for a period not exceeding 180 days on wri tten request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be ex tended more than once. No application approved under a previous code versi on shall be extended more than 180 days after a new code version is effective. Once an application has expired hereunder, no further action shall be taken. The applicant may submit new or the same plans and pay a new plan review fee at any ti me after expiration of the original application. Application will be subject to current code requirements.
Sec. 8-4.11. Time Limitation of Permit.
A. Permit Expiration.
Every permit issued by the building offici al under the provisions of this code shall expire by limitation and become null and void unless work authorized by such permit is commenced within one year (365 calendar days) from the issuance date of such permit. If work authorized by such permit is commenced within three hundred sixty-five (365) ca lendar days from the issuance date, such permit shall expire by limitat ion and become null and void one hundred eighty (180) calendar days after the date of the last successful inspection.
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1. Expiration of Permit fo r Unlawful Construction.
Notwithstanding any provision of Section A above, or any other provision of this chapter, if a building permi t was issued in order to bring an unpermitted structure or other unlawfu l, substandard, or hazardous condition into compliance with any applicable law, or ordinance, such permit shall expire by limitation and become null and void ninety (90) calendar days after the date on which the permit was issued. The building official may extend the validity of the permit for a period not exceeding ninety (90) calendar da ys beyond the initial ninet y (90) day limit upon written request by the app licant filed with the buildi ng official prior to the expiration date of the original permit.
B. Permit Extension.
A permit can be extended provided no c hanges have been made in the original plans and specifications for such work. A permit can receive an extension while it is valid or within thirty (30) days of expiration. The building official may extend a permit for a period not exceeding one hundred eighty (180) days from the date of expiration. The permittee shall subm it a written request showing that circumstances beyond the control of t he permittee have prevented action from being taken and a permit extension fee shall be paid. Permits shall not be extended more than once.
C. Expired Permits.
Any permit expired for more than thirty (30) days shall require a new permit and applicable fees as determined by the building official for the remaining scope of work shall be paid.
Sec. 8-4.12. Demolition Permits.
No person, firm or corporation shall raze any building or structure, or portion thereof, in the City, or cause the same to be done, without first obtaining a separate Demolition Permit for each building or structure from the Building Official.
To obtain a demolition permit of an entire structure, the applicant shall first file a written application for demolition permit, and associated preliminary site inspection, and pay all fees as set by resolution of the City Council. A construction and debris recycling plan and associated fee may also be required by the Public Works Department. A building alteration permit shall be obtained when a building will be partially demolished.
The applicant shall cause all utility services, including gas, electric, water and wastewater services, to be terminated and removed by the appropriate utility agency. A written notification of termination of service by the utility agencies shall be obtained by the applicant and submitted to the Building Division prior to permit issuance.
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The applicant shall schedule an ins pection of abandoned sewers, septic tanks, cesspools, and water wells immediately upon excavation and exposure and prior to fill in or cap off. Fill materials and/or cap devices shall be located on site at the time of inspection. Sewers, septic tanks, and cesspools shall be filled or capped in accordance with the current edition of the California Plumbing Code as adopted by the City of Thousand Oaks. Water wells shall be abandoned in accordance with the City of Thousand Oaks Public Works Department specifications.
The applicant shall restore the site wit hin the former building area to be consistent with adjacent grades and remove of all resulting building debris, trash, junk, or any other material that constitutes a threat to life, health, or property or is inimical to the public welfare.
A final inspection of the site sha ll be scheduled by the permit holder or authorized agent immediately after the demolition of the structure or building.
Sec. 8-4.13 Noticed Code Violations.
Where noticed code violations exist, the building official shall issue a notice of denial of permit to the permit applicant or to the current owner (if not the applicant). The notice of denial of permit shall include a description of the noticed code violations. Failure of any person to receive a properly addressed notice of denial of permit pursuant to this section shall not invalidate the denial of a permit.
1. The building official may issue a permit or a permit with conditions to an owner, despite the existence of one or more noticed code violations, if it is determined that one of the following circumstances exists:
A. The noticed code violations requi re the permit being applied for in order to abate the violations.
B. Denial of a permit would result in an immediate threat to:
i. The health or safety of occupants of the real property on which noticed code violations exist; or
ii. The occupants of adjoining private property; or c) persons on public property.
Sec. 8-4.14. Fees.
A. Schedule of Bu ilding Permit Fees.
Fees shall be established by resolution of the City Council and assessed in accordance with this section and the Thousand Oaks User Fee Schedule.
B. Strong Motion Instru mentation Program Fund.
In addition to and considered a part of the fees collected pursuant to the City Council resolution establishing buildin g permit fees, a fee shall be collected from all applicants for building permits, as required by California Public Resources Code Section 2705, for the administration of the State of California Strong Motion Item No.7J
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Instrumentation Program. The amount of this fee will be specified in the Thousand Oaks User Fees. All funds raised by such additional fee shall be placed in a trust fund which shall be known as the Strong Motion Instrumentation Program Fund and shall be remitted quarterly to the State of California pursuant to the provisions of Chapter 8 of Division 2 of the Public Resources Code and the rules and regulations of the Division of Mines and Geology of the Department of Conservation.
C. Other Fees.
Fees as established by resolution of the City Council and in accordance with the Thousand Oaks User Fee Schedule shall be required and paid for Building Department services, including, but not limited to, plan examination and construction inspection beyond normal business hours.
Permits for which no fees are requi red may be issued upon prior approval by the Building Official for qualified projects of City departments or other governmental agencies and for minor projects not inimical to public health, safety or welfare.
In specific circumstances when consul tant professional services may be used by the Building and Safety Division, those costs may be directly charged to the applicant as fees.
D. Reinspection Fees
A reinspection fee shall be established by resolution of the City Council be assessed by the Building Official. In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required reinspection fees have been paid.
E. Refunds.
The Building Official may authorize fee refunds upon written application by the original permittee, within the limitations set forth herein:
1. Any fee totaling Thirty-five and no/100ths ($35.00) Dollars or less, exclusive of issuance fee, if any , shall be nonrefundable except as specified in subsection 2 below.
2. One hundred (100%) percent of any fee erroneously paid or collected shall be refundable.
3. Ninety (90%) percent of any plan review fee shall be refundable when the permit application is wit hdrawn or cancelled prior to Item No.7J
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commencement of plan review. Plan review fees will be
nonrefundable once the plan review has commenced.
4. Eighty (80%) percent of any per mit fee shall be refundable when the construction work authorized by such permit has not commenced.
5. Ninety (90%) percent of any B oard of Appeals filing fee shall be refundable when such hearing is cancelled prior to the issuance of a Notice of Hearing pertaining to the case.
6. Permits not issued to, or author ized by, the property owner shall be nonrefundable.
7. Third-party fees collected by the City on behalf of other agencies or the State, said related fees ar e nonrefundable once fees have been surrendered to the third-party agencies.
Failure of the permit holder to submit written application for a refund within 180 days of expiration of a plan review, permi t, hearing, or request for service for which a fee has been paid, shall constitute a waiver of entitlement to a refund. No partial refund shall be authorized, nor credit be applied against other fees which may be payable to the City of Thousand Oaks, when a construction project is cancelled or abandoned subsequent to partial completion of the building or work authorized by a permit.
Sec. 8-4.15. Reinspection.
A reinspection fee may be assessed by the Building Official or designee to control the practice of calling for inspec tions before the job is ready for such inspection or reinspection. In instanc es where reinspection fees have been assessed, no additional, inspection of the work will be performed unit the required fees have been paid.
Sec. 8-4.16. Certificate of Occupancy.
Change of Occupancy
A building or structure shall not be used or occupied in whole or in part, and a change of occupancy of a building or structure or portion thereof shall not be made, until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction.
Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid.
Exception: Certificates of occupancy are not required for work exempt from permits in accordance with Sec. 8-4.08.
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Exception: Detached single-story stru ctures classified as U occupancies accessory to R-3 residential occupancies.
Sec. 8-4.17. Unsafe Conditions.
Structures or existing equipm ent that are or hereafter be come unsafe, insanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or that constitute a fire haz ard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, or that are identified as uns afe by the International Property Maintenance Code, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against unauthorized entry shall be deemed unsafe.
Part 4
Chapter 5 of Title 8 of the Thous and Oaks Municipal Code is hereby amended to read as follows:
CHAPTER 5. INTERNATIONAL PROPERTY MAINTENANCE CODE
Sec. 8-5.01. Adoption of International Property Maintenance Code.
That certain Code designated as the 2021 Edition of the International Property Maintenance Code, including Appendix A, published by the International Code Council, at least one copy of which is on file in the office of the Building Official for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject however, to amendments, additions and deletions. Said Code shall be known as the Property Maintenance Code 2021 Edition for the City.
Sec. 8-5.02. Deletions
The following sections are deleted from the International Property Maintenance Code:
Section 102.8, 107, 302, 303, 308, 309.3, 309.4, 309.5. Refer to Section 102.3 for referenced codes.
Sec. 8-5.03. Applicability of Other Codes
Section 101.2 of the 2021 Internat ional Property Maintenance Code is amended to read as follows:
101.2 Scope.
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The provisions of this code and Title 8, Chapter 4, the City of Thousand Oaks Code Administration shall apply to all existi ng residential and nonresi dential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating sanitation, protection from the elem ents, a reasonable level of sanitary maintenance the responsib ility of owner, an owner’s authorized agent, operator and occupants; the occupancy of existi ng structures and premises, and for administration, enforcement and penalties.
Section 102.3 of the 2021 Internati onal Property Maintenance Code is amended to read as follows:
102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the California Building Code, California Residential Code, California Fire Code, California Existing Building C ode, California Energy Code, California Plumbing Code, California Electrical Code, California Mechanical, California Green Building Code and any adopted local amendments.
When the International Codes are referenced with this code in the City of Thousand Oaks shall mean the current California C odes and all local am endments. When standards are referenced within this C ode in the City of Thousand Oaks, the reference shall mean the most current California Referenced Standards.
Sec. 8-5.04. Amendments
Section 304.14 is amended to read as follows:
304.14 Insect screens. Every door, window and other outside opening required for ventilation of habitable rooms, food pr eparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of 16 mesh per in ch (16 mesh per 25 mm) minimum, and every screen door used for insect control s hall have a self-closing device in good working condition.
Section 309.2 of the 2021 Internati onal Property Maintenance Code is amended to read in full as follows:
309.2 Owner. The owner of any structure shall be responsible for pest elimination within the structure.
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Sec. 8-5.05. Amendments: Heating Facilities
Section 602.3 is amended to delete exceptions and read as follows:
602.3 Heating supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sl eeping units on terms, either expressed or implied, shall supply heat to maintain a minimum temperature of 68 (F) degrees (20C) in all habitable rooms, bathrooms and toilet rooms.
Part 5
Chapter 6 of Title 8 of the Thous and Oaks Municipal Code is hereby amended to read as follows:
CHAPTER 6. MECHANICAL CODE
Sec. 8-6.01. Adoption of California Mechanical Code.
That certain Code designated as the “California Mechanical Code”, 2022 Edition, including its Standards and Appendices, bas ed upon the Uniform Mechanical Code, 2022 Editi on, published by the Inter national Association of Plumbing and Mechanical Officials, at least one copy of which is on file in the office of the Building Official for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments, addi tions and deletions set forth in this chapter. Said Code shall be known as the Mechanical Code of the City.
Sec. 8-6.02. Amendments: California Mechanical Code.
The City Council, after due consideration, finds and determines that, due to the need to establish administrative pr ocedures to enforce the California Mechanical Code, as well as due to lo cal climatic, geologic al, or topographical conditions, including unusual soil conditions prevailing within the City, the public health and welfare would best be served by adding to and amending the California Mechanical Code.
Sec. 8-6.03. Jurisdiction.
The name “City of Thousand Oaks” is hereby inserted in any and all blank spaces provided in said California Mechanical Code, 2022 Edition, for the name of the jurisdiction adopting said Code, and wherev er the word “city” or “jurisdiction” appears in said Code or is otherwise used, it shall mean and refer to the City of Thousand Oaks.
Sec. 8-6.04. Amendments: Chapter 1, Division II, Administration
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Section 101.2 “Scope” is amended to read as follows:
101.2 Scope.
The provisions of this code and Title 8, Chapter 4, the City of Thousand Oaks Code Administration shall apply to the erection, installation, alteration, repair, relocation, replacement, addition to, use, or maint enance of mechanical systems within this jurisdiction.
Sections 103,104, 106, 107 and T able 104.5 are hereby deleted.
Part 6
Chapter 7 of Title 8 of the Thous and Oaks Municipal Code is hereby amended to read as follows:
CHAPTER 7. CALIFORNIA RESIDENTIAL CODE
Sec. 8-7.01. Adoption of the California Residential Code.
That certain Code designated as the “California Residential Code”, 2022 Edition, based upon the International Residential Code, 2021 Edition, as amended herein is adopted.
Sec. 8-7.02. Amendments: California Residential Code.
The City Council, after due consideration, finds and determines that due to the geographical location of the City an d the unusual soil, geological and topographical conditions prevailing within the City, the public health and welfare would best be served by adopting and amendi ng the 2022 California Residential Code including Appendix AH, AJ, AQ, AT, AX, and AZ and therefore said California Residential Code is hereby amended as follows:
Section R101.2 “Scope” is amended to read as follows:
101.2 Scope.
The provisions of this code and Title 8, Chapter 4, the City of Thousand Oaks Code Administration shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and townhouses not more than three stories above grade plane in he ight with a separat e means of egress and their accessory structur es not more than three st ories above grade plane in height.
Item No.7J
cdd :450-15/ kp/ City Council/ CC ORD/ pz (FILE ID: MCA 2019-70485)