Thousand Oaks City Council
December 6, 2022

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7 FINANCIAL IMPACT:
$2,993,700 Increase to Adopted FY 2022-23 Wastewater Fund Budget. $2,993,700 increase in budget is requested for the Hill Canyon Treatment Plant Fats, Oils, and Grease Facility Improvements Project. $2,970,000 is included in the Adopted FY 2021-23 Wastewater Capital Fund Budget. Estimated total project cost is $5,963,571.

BACKGROUND:

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

The FOG system is just one component of the HCTP renewable energy system. The system is comprised of the FOG station, the anaerobic digesters, and the cogeneration system, the existing 584-kilowatt solar array, and a future microgrid with battery storage. Digester gas is utilized as a fuel source for the cogeneration system to generate both electricity and heat. The electricity produced from the cogeneration system is used to supply a portion of the facility’s energy demand and reduces the amount of power that is purchased from Southern California Edison. In addition, the heat generated from the cogeneration system is utilized to heat the anaerobic digesters, as well as the facility’s administration building. Without the heat source from cogeneration, staff estimates consumption of natural gas to meet these needs would average $15,000 per month, or $180,000 annually.

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

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

Item No.7P

FOG Facility Improvements Project (CI 5441)
December 6, 2022

4 5
7 The FOG is delivered to HCTP from restaurants and facilities that generate FOG. Rather than allowing FOG to flow into the City’s wastewater collection system, which could lead to sanitary sewer blockages and overflows, FOG is captured at each restaurant using onsite grease interceptors and hauled away for disposal. Prior to HCTP accepting FOG in 2007, the primary locations for disposal were at rendering facilities located in Los Angeles. HCTP’s acceptance of FOG in 2007 provided a local option for a limited amount of FOG disposal. The City also imposed a tipping fee (the fee charged to those who wish to dispose of FOG at HCTP), which was lower than the rendering facility tipping fees. Local acceptance of FOG reduced disposal cost for restaurants and FOG haulers and resulted in fewer transport miles. The acceptance of FOG also created a revenue stream to assist in covering the costs of operation and maintenance of the receiving station.

The City currently receives approximately $320,000 per year in tipping fees from contracted haulers who bring FOG to HCTP. Since 2007, the FOG program has generated over $3,850,000 in tipping fees for the City. With the proposed construction of the new FOG receiving facility, combined with the anticipated concurrent contract amendments for the FOG haulers (which includes a tipping fee increase and time extension), revenue from the FOG program is expected to increase to approximately $700,000 per year.

The HCTP Master Plan (Master Plan) was completed in 2020, which was used to evaluate the treatment process and existing infrastructure and provide a capital improvement plan to upgrade the HCTP facility as needed to serve the community well into the future. In addition to the primary wastewater treatment focus, other elements of the treatment plant and infrastructure were evaluated, and among those was the renewable energy portfolio. Recommendations from the Master Plan included improvements to the cogeneration system, the FOG receiving station, and the solar array. Projects related to the solar array and the cogeneration system are being planned for future capital projects.

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

On April 27, 2021, City Council approved an agreement with MKN & Associates, Inc., (MKN) of Arroyo Grande, CA, to perform the engineering design services and preparation of construction contract documents for the FOG Facility Improvements Project. During the course of the project, the City requested additional Item No.7P

FOG Facility Improvements Project (CI 5441)
December 6, 2022

4 5
7 modifications to the design to improve the future operational efficiency of the facility. Additionally, staff requested assistance from the consultant to prepare and coordinate the screen equipment prepurchase technical specifications, design an elevated screen equipment platform, and design protection for the existing 33-inch diameter Primary Effluent Flow (PEF) pipeline. The PEF pipeline was field located by City staff and is located adjacent to and partially underneath the proposed facility. Over the course of the design, two amendments to the MKN contract were issued to address design modifications and perform additional analysis requested by City staff. The third amendment was a no cost contract time extension. MKN completed the project plans and specifications in July 2022.

The design for the new FOG receiving station includes both FOG projects in the HCTP Master Plan and features multiple elements that will improve the operation of the FOG acceptance program. This will in turn augment the digester gas production and facilitate more reliable and increased cogeneration production of electricity and heat. The new design includes capacity to allow FOG to be stored during the week for use over the weekends, and the ability to more accurately meter FOG into the digesters on a daily basis for more consistent gas production. The storage will also provide redundancy for key components which the current station lacks, causing interruption to receiving FOG and proper pumping to the digesters when equipment needs maintenance. In addition, much of the equipment at the current station is near the end of its useful life, and the new facility will have new equipment with updated technology more suited to the application.

The new facility design features more automation and process controls. This will significantly decrease staff time and the contracted haulers’ time needed to offload deliveries, as well as facilitate the tracking and billing for quantities delivered. The new station will be located in an area closer to the digesters and cogeneration system, reducing the distance to pump the FOG, and allowing for the use of cogenerated heat to better control the process. Hot water from the existing cogeneration system will be utilized at the new facility to heat the storage tanks, which enables a more homogeneous consistency and volatility of the substance, and further facilitates greater control of digester gas production. As envisioned in the HCTP Master Plan, these design improvements will help to augment and stabilize the gas production needed for more reliable cogeneration production.

DISCUSSION/ANALYSIS:

The project consists of construction of a new FOG facility including, but not limited to procurement, installation, and start-up of storage tanks, pumps, odor control, heat exchanger, screening equipment, concrete pads, routing of new piping and conduits, connection to existing piping, electrical panels, instrumentation, new lighting, and security cameras (Attachment #1).

Item No.7P

FOG Facility Improvements Project (CI 5441)
December 6, 2022

4 5
7 City Council authorized bidding of the project on July 5, 2022, and the bid was publicly advertised on August 12, 2022. Six bids were received and publicly opened on September 28, 2022. The bid results are as follows:

Bidder Bid

1. GSE Construction Co., Inc. (Livermore, CA) $4,224,500

2. JR Filanc Construction (Escondido, CA) $4,268,328

3. Cushman Contracting Corp. (Goleta, CA) $4,632,800

4. Pacific Hydrotech Corp. (Perris, CA) $4,633,700

5. Blois Construction, Inc. (Oxnard, CA) $5,048,103

6. Spiess Construction Co., Inc. (Orcutt, CA) $5,585,000

The low bid was from GSE Construction Co., Inc. in the amount of $4,224,500. The engineer’s estimate is $3,473,000. The bids were higher than the estimate primarily due to material cost escalation and the tight construction market.

The bid package submitted by GSE Construction Co., Inc. has been reviewed and found to be in order and the bid protest period has elapsed with no formal protest received. Staff recommends award of the construction contract to GSE Construction Co., Inc.

Design Support Services During Construction
Construction support services by MKN for the project will include reviewing and responding to requests for information, review of material submittals, preparation of final project punch list, and preparation of record drawings upon completion of construction. The services will also include material testing and inspection throughout the 15-month construction period. Staff recommends approval of the Fourth Amendment to Contract No. 12688-2021 with MKN in the amount of $453,070 (Attachment #2), for a revised not-to-exceed amount of $851,092.

The estimated project cost breakdown is as follows:

Design and Engineering (previously approved) $ 398,022.00 City Furnished Equipment (previously approved) $ 422,663.89 Extra Design Services Authorized (this action) $ 24,395.00 FOG Facility Improvements Contract (this action) $ 4,224,500.00 FOG Facility Improvements Contingency (this action) $ 422,450.00 Construction Phase Support Services (this action) $ 428,675.00 Const. Phase Support Services Contingency (this action) $ 42,865.00 $ 5,963,570.89
Item No.7P

FOG Facility Improvements Project (CI 5441)
December 6, 2022

4 5
7 Although the total CI 5441 project cost of $6.0 million is greater than the $3.0 million budget, the actual project scope of work includes both of the future FOG projects listed in the HCTP Master Plan. The City has the current capacity to save approximately $180,000 in natural gas per year, and an additional $250,000 per year in energy savings from Cogen production. Additionally, the City receives approximately $320,000 annually from FOG revenue. Future projects for improvements to the cogeneration system, as determined in the Master Plan, will also play a key role for the overall improvement of renewable energy production.

With a reliable fuel source and cogeneration system, the energy savings is anticipated to reach $325,000 per year. Future upgrades defined in the Master Plan, such as the addition of a second cogeneration engine and replacement of the gas conditioning system, are anticipated to provide even greater energy savings. These projects will be brought to City Council at later dates. Quantities of FOG acceptance will also increase, in turn increasing the FOG revenue to an anticipated $700,000 per year or more. Building a new FOG receiving facility is one of the steps needed to improve renewable energy performance, reduce energy costs, improve efficiencies, and maintain infrastructure into the future.

This construction phase is anticipated to start by January 2023 and be fully completed by late spring 2024. The project design, specifications, and Addenda Nos. 1 through 4 are available for review by request to the Public Works Department by e-mail at [email protected] or by phone at (805) 449-2400.

The project is categorically exempt from CEQA per Section 15302 (replacement/reconstruction of an existing facility).

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

This project meets City Council’s Top Ten Priorities #9 to, “Public Works/CDD Infrastructure Investments.”
CIP PROJECT PRIORITY (as outlined in FY 2021-22 and FY 2022-23 CIP Program Budget)
Priority Two – Necessary, but not essential, and there could be consequences if deferred.

This project meets City Council’s Top Ten Priorities #9 to, “Public Works/CDD Infrastructure Investments.”
Item No.7P

FOG Facility Improvements Project (CI 5441)
December 6, 2022

4 5
7 CIP PROJECT PRIORITY (as outlined in FY 2021-22 and FY 2022-23 CIP Program Budget)
Priority Two – Necessary, but not essential, and there could be consequences if deferred.

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: Nader Heydari, Deputy Public Works Director Attachments:

Attachment #1 – Vicinity and Location Map
Attachment #2 – Fourth Amendment to Agreement for MKN & Associates, Inc.

DPW: 850-20\nh\ev\Council\2022\120622 FOG Facility Improvements Project (CI 5441) staff report.docx Item No.7P

Secondary Clarifiers
Digesters
Primary
Clarifiers
Cogeneration Engines
Primary
Clarifiers
Thickening Building
Arroyo Conejo
Wetlands
Solar Panels
Biosolids Drying
(to be abandoned)
Bioreactors
Chlorine Contact Channel
Flow Equalization Basins
Operations Building
Bioreactor Basins
Filters
Dewatering / Generator Building
03 0 0 6 0 0150
Feet
±HILL CANYON

WASTEWATER TREATMENT PLANT
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PROJECT LOCATION

HILL CANYON TREATMENT PLANT

PROPOSED IMPROVEMENT

HILL CANYON

TREATMENT PLANT
ATTACHMENT #1
Item No.7P

ATTACHMENT #2
DPW:850-20\af\etm\Council\2021\CI 5441 HCTP FOG Facility Improvements Project First Amendment Att 2.docx

Project Name: HCTP FOG Facility
Improvements Project (CI 5441)

FOURTH AMENDMENT TO

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AND
MKN & ASSOCIATES, INC.

Contract No. 12688- 2021
THIS FOURTH AMENDMENT to the Agreement for Professional Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation (hereafter “City”) and MKN & ASSOCIATES, Inc. (hereafter “Consultant”), entitled Hill Canyon Treatment Plant FOG Facility Improvements (CI 5441) and dated April 27, 2021 (herein “Contract”) is made this 6th day of December 2022.

RECITALS
A. Section 3 of the Contract, currently, and as may have been previously amended, provides for a “not-to-exceed” total payment as consideration to Consultant of $333,826 for
services generally and briefly described as preparation of the construction contract documents and services during the bidding phase.

B. The first amendment to the Contract was issued on August 9, 2021 in the amount of $32,920, modifying the Contract
amount to $366,746.

C. The second amendment to the Contract was issued on
March 28, 2022 in the amount of $31,276, modifying the
Contract amount to $398,022.

D. The third amendment to the Contract was issued on June 3, 2022, modifying the Contract time to December 31, 2022.

Item No.7P

DPW:850-20\af\etm\Council\2021\CI 5441 HCTP FOG Facility Improvements Project First Amendment Att 2.docx

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

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

Part 1. Section 2 of Contract is amended to include the additional scope of work generally encompassing additional design services as well as Construction Phase Services and Material Testing associated with construction shop drawing review, onsite observations, startup and technical support and record drawing preparation. The detailed scope of this additional work is attached as Exhibit A-4, attached hereto and incorporated herein.

Part 2. The sum of $453,070 is added as compensation to Consultant under the present Contract for the above-described additional services, and Subsection 3 (a) of Contract is hereby amended to read in its entirety as follows:
(a)Maximum and Rate. The total compensation payable to Consultant by City for the services under this Agreement SHALL NOT EXCEED the sum of $851,092 and shall be earned as the work progresses on the basis explained in the original contract, and as may have been previously amended, and billed at the rates on the attached Exhibit B-4.

Part 3. The Contract is extended for a period of 18 months and Section 5 is hereby amended to read as follows:

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

Item No.7P

DPW:850-20\af\etm\Council\2021\CI 5441 HCTP FOG Facility Improvements Project First Amendment Att 2.docx

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

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

MKN & ASSOCIATES, INC.

Michael Nunley, PE, CEO/President
Eileen Shields, Vice President

CITY OF THOUSAND OAKS
Bob Engler, Mayor
ATTEST:

Laura B. Maguire, Acting 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.7P

DPW:850-20\af\etm\Council\2021\CI 5441 HCTP FOG Facility Improvements Project First Amendment Att 2.docx

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EXHIBIT A-4
Scope of Services
CONSULTANT shall provide additional services for construction period and engineering support services for the Hill Canyon Treatment Plant FOG Facility Improvements (CI 5441).

CONSULTANT shall perform the following Tasks:

PHASE I – ADDITIONAL DESIGN PHASE SERVICES
Task D - CONSULTANT will add modifications to the plans and specifications to incorporate City requested modifications including: design the heat loop piping system layout and connection points, design the elevated support structure for the FOG screen equipment to meet the manufacturer’s requirements, design concrete improvements to provide protection to the existing 33 inch diameter PEF line that will be immediately adjacent to the improvements, modify the technical specifications for the FOG offloading pumps as requested by the City and perform an alternatives analysis of two different pumping systems.

PHASE II – CONSTRUCTION PHASE SERVICES SUPPORT
Task A – PROJECT MANAGEMENT
CONSULTANT will provide overall project management, which includes supervision of in‐house staff, planning and monitoring of contract budget and schedule, and coordination with the subconsultants. CONSULTANT will provide senior technical review and implement our quality assurance and quality control (QA/QC) measures throughout the project.

Task B – MEETINGS
CONSULTANT will attend the pre‐construction meeting for the Project.

CONSULTANT will provide input to the agenda, assumed to be prepared by the City’s Construction Manager/Project Manager, and will provide meeting minutes.

Attendance to this meeting is assumed to be virtual. CONSULTANT will attend construction meetings with the contractor, subcontractors, utility representatives, permit agencies, and City staff. Attendance at up to two meetings per month during initial procurement period (4 months), and weekly meetings for onsite construction period (8 months) is assumed; total of 40 construction meetings. These meetings are assumed to be virtual.

Item No.7P

DPW:850-20\af\etm\Council\2021\CI 5441 HCTP FOG Facility Improvements Project First Amendment Att 2.docx

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Task C – SHOP DRAWING REVIEW
CONSULTANT will review technical documents submitted by Contractor.

Submittals will be reviewed by the CONSULTANT for general conformance to the Contract Documents. Subsequent to CONSULTANT’s review, CONSULTANT will return the submittal to the Contractor. CONSULTANT will maintain a log of shop drawings that have been submitted, and the disposition; the log will only include submittals reviewed by the CONSULTANT. Per City request, CONSULTANT has assumed 45 submittals and resubmittals will be reviewed.

Task D – STARTUP AND TECHNICAL SUPPORT
Consultant shall provide as‐needed technical support, as requested by City.

Task E – TECHNICAL SITE VISITS
CONSULTANT shall provide as‐needed technical support, as requested by City. A maximum of 50 hours have been assumed for up to six (6) site visits.

CONSULTANT can be onsite with 72‐hour notice. Effort includes coordination with City/Contractor, review of relevant information and documentation of findings/observations.

Task F – MATERIALS TESTING
CONSULTANT shall provide materials testing, including soils, aggregate and concrete services.

Task G – CONSTRUCTION OBSERVATION (HALF TIME)
CONSULTANT will provide onsite observation for an estimated 80 hrs/month for the assumed onsite construction period of 9 months. CONSULTANT will review work in progress to assess consistency with contract documents. CONSULTANT will maintain written records of work observed during site visits, including notation of such items as weather, personnel and equipment on-site, sub-contractors on site, discussions held with contractor and others, project issues that arise, material and equipment received for on-site storage, etc.

Task H – CONTRACT CHANGE ORDERS/PLAN REVISIONS/REQUESTS

FOR INFORMATION
CONSULTANT will analyze and make recommendations to City staff regarding contract change orders and plan revisions requested during the course of the construction project. Change orders will be evaluated from an engineering perspective. CONSULTANT will review, coordinate with City staff and respond to contractor’s Requests for Information (RFIs). When appropriate, suggestions and alternatives will be provided to the contractor and/or City staff. A log of RFIs will be maintained.

Item No.7P

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Task I – RECORD DRAWINGS
CONSULTANT will prepare construction record drawings (AutoCAD) based on information (redline markups) supplied by the contractor. Record drawings will be provided as PDF to the City.

Item No.7P

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EXHIBIT B-4
2023FEESCHEDULEFORPROFESSIONALSERVICESENGINEERSANDTECHNICALSUPPORTSTAFFAdministrativeAssistant $105/HREngineering Technician$114/HRCADTechnician I $137/HRCAD Design Technician II $155/HRSenior Designer $170/HRAssistant Engineer I $151/HRAssistantEngineer II $168/HRGISSpecialist $165/HRSenior Planner $220/HRPlannerII $205/HRPlanner I $180/HRProjectEngineerI/ Senior Scientist$200/HRProjectEngineer II $208/HRSeniorProjectEngineer I $220/HRSeniorProjectEngineerII $225/HRProject Manager $230/HRSenior Project Manager $240/HRPrincipalEngineer $250/HRProjectDirector $260/HRCONSTRUCTION MANAGEMENT SERVICES Construction Inspector $169/HRAssistant Resident Engineer $176/HRResident Engineer $191/HRSenior Construction Inspector$205/HRConstruction Manager $210/HRPrincipal ConstructionManager$245/HRRoutineofficeexpensessuchascomputerusage,software licenses and fees, telephonecharges,officeequipmentandsupplies,incidentalpostage,copying,and faxesareincludedas a 3% fee on labor cost.The foregoing Billing Rate Schedule is effective through December 31, 2023and will be adjusted each year after at a rate of 2 to 5%.DIRECTPROJECTEXPENSESOutsideReproductionCost+10%SubcontractedorSubconsultantServicesCost+10%Travel&Subsistence(otherthanmileage)CostAutoMileage CurrentIRSRate‐$.62.5/mi.

Item No.7P

TO:Andrew P. Powers, City Manager
FROM:Kelvin Parker, Community Development Director
DATE:December 6, 2022
SUBJECT: Janss Marketplace Hotel Project Environmental Impact Report Consultant
RECOMMENDATION:

1. Approve a professional services agreement with CSG Consultants, Inc., (CSG) of Orange, CA, for the preparation of an Environmental Impact Report (EIR) for the Janss Marketplace Hotel Project located at 225 North Moorpark Road, with an agreement term beginning December 6, 2022 through June 30, 2024, with a base cost of $198,820 and additional services of $32,100 for a total not-to-exceed amount of $230,920.

2. Authorize budget appropriation and expenditure in an amount not-to- exceed $230,920 from A/C #001-4210-447-4000 (Charges for Services – Planning Fees/Permit) to A/C #001-4210-641-5947 (Contracted Services, Reimbursable).

3. Find that the approval of a professional services agreement is not a project under California Environmental Quality Act (CEQA) Guideline Section 15378(b)(5) (CCR, Title 14, Chapter 3, Article 20).

FINANCIAL IMPACT:
$230,920 Increase to Adopted FY 2022-23 General Fund Budget, Fully Offset by Applicant Reimbursement. $230,920 increase to the Adopted FY 2022-23 General Fund Budget is required for the preparation of an EIR and will be reimbursed by the applicant at the completion of the project. Other costs are limited to staff time to prepare this report and assist in the preparation of the EIR, and costs are offset by application fees paid by the applicant.

Item No.7Q

Janss Marketplace Hotel Project Environmental Impact Report Consultant December 6, 2022

4 6
2 BACKGROUND:

On January 11, 2022, City Council initiated a Height Overlay Zone Change (Z 2021-70997) and authorized the simultaneous processing of the entitlement and Zone Change requests associated with the development of a new hotel and commercial retail space. Between January 31 and March 17, 2022, Verdant Thousand Oaks, LLC (Applicant) and Thousand Oaks Marketplace, LP (Property Owner) submitted applications for the Janss Marketplace Hotel project (Project) consisting of a Development Permit (DP 2022-70079) and a Tentative Tract Map (TTM 2022-70265). Project materials were reviewed by all relevant City agencies, departments, and representatives, and the application was deemed Incomplete. The application remains Incomplete; however, the Applicant and Property Owner continue to work with City staff to address Incompleteness issues to define the Project.

The City, Applicant and Property Owner all agreed that the services of qualified environmental consulting professionals are needed to prepare an EIR consistent with the CEQA for the Project. City staff prepared and published a Formal Request for Proposals/Qualifications (RFP/Q) for the preparation of an EIR for the Project.

On September 23, 2022, the City advertised the RFP/Q in the newspaper, on the City’s website, and sent the RFP/Q to environmental consultants that had registered with the City. The sealed proposals were required to be submitted no later than October 13, 2022. Staff received and reviewed eight (8) competitive proposals from the following companies (listed in alphabetical order) by October 13, 2022.

Company City, State

1. CSG Consultants Orange, CA

2. De Novo Planning Group Tustin, CA

3. EcoTierra Consulting Westlake Village, CA

4. Environmental Science Associates Camarillo, CA

5. Impact Sciences Los Angeles, CA

6. Meridian Consultants Westlake Village, CA

7. Michael Baker International Long Beach, CA

8. Placeworks Los Angeles, CA
DISCUSSION/ANALYSIS:

The proposed Project is making good progress through the entitlement phase. Additional application materials are anticipated to be submitted near the start of December 2022, which should result in the application being deemed Complete. It is anticipated that the EIR and Project will be submitted to the Planning Commission and City Council for consideration in Summer 2023.

Item No.7Q

Janss Marketplace Hotel Project Environmental Impact Report Consultant December 6, 2022

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2 In accordance with Government Code section 4526 and Thousand Oaks Municipal Code section 3-10.401, staff solicited a RFP/Q for a consultant to prepare the Janss Marketplace Hotel Project Environmental Impact Report. Unlike the low bid requirements of the Public Contract Code, contracts for professional, management, general, or special services should only be awarded to firms or persons who have demonstrated an adequate level of experience, competence, training, credentials, resources, staffing, and other professional qualifications necessary to accomplish the services solicited. The award of an RFP/Q is based upon a variety of factors that demonstrate best value to the City for the solicited scope of work or service. The cost of the service may be considered as one of those factors; however, the lowest cost is not the sole factor in deciding who be awarded the contract.

City staff conducted a thorough evaluation of all proposals received, and CSG was selected by Community Development Department staff as the most qualified to write the EIR for the Project based on their experience, competence, training, credentials / professional qualifications, resources, staffing availability, proposal value and timeliness.

CSG currently assists staff with on-call Planning services, including the preparation of environmental documents. This will be the first sole-purpose environmental consulting professional services contract the City will have with CSG. City staff have been satisfied with CSG’s services and deliverables. CSG has also served as an environmental consultant for other like public agencies and prepared environmental documents, including EIRs.

The CSG scope of work includes the preparation of an EIR to analyze the proposed project’s reasonable and foreseeable impacts on environmental factors as defined by the CEQA. The project is generally described as the redevelopment of a portion of the existing Janss Marketplace (Marshalls store location) to establish a new five- story hotel and retail building. The hotel is proposed to consist of 216 rooms with guest amenities. Additionally, the project includes approximately 13,500 square feet of commercial retail space and associated hardscape, landscape and grading.

The project entails the creation of a map to allow the retail component to be sold separately from the hotel component. The project also includes a Zone Change, limited to the footprint of the hotel, from C-3 (Community Shopping Center) to C- 3-H (Community Shopping Center - Height Overlay) to allow the hotel to be up to 75-feet tall. The Janss Marketplace is approximately 455,000 square feet on approximately 38 acres, and the shopping center includes retail establishments, restaurants, a gym, and movie theater.

CSG has prepared a Scope of Work which has been reviewed and accepted by both the City and the applicant team. CSG’s proposed costs are $198,820 to Item No.7Q

Janss Marketplace Hotel Project Environmental Impact Report Consultant December 6, 2022

4 6
2 complete the EIR. Further, staff proposes, and the Applicant agrees, to include additional services in the amount of $32,100 to timely address any further issues that may arise during public comment or public hearings and not unnecessarily delay the project’s consideration by the Planning Commission and or City Council. The Agreement for Professional Services with CSG (Attachment #1) is in a total not-to-exceed amount of $230,920. The terms of the professional services agreement follow the City’s standard contract and is consistent with CSG’s Scope of Work and is in final form.

As part of the application, the Applicant is required to reimburse the City for the costs of conducting and preparing the environmental document. The Applicant is to augment the deposit fee they have paid so the City will fully recover its costs from the Applicant’s deposit.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

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

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

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

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

PREPARED BY: Scott Kolwitz, Sr. Planner
Attachments:

Attachment #1 – Agreement for Professional Services with CSG cdd:410-30\SJK\ H:\COMMON\Administration & Special Projects\Contracts-POs-Task Orders\CSG-Janss Marketplace Hotel Project EIR 2022-70079 Item No.7Q

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Project Name: Janss Marketplace Hotel
Project Environmental Impact Report

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AND
CSG CONSULTANTS, INC. (CSG)
THIS AGREEMENT is made and entered into this 6 th day of December, 2022, by and between CITY OF THOUSAND OAKS, a municipal corporation ("City"), and CSG Consultants, Inc. (CSG) ("Consultant").

City and Consultant agree as follows:

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

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

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

3. COMPENSATION AND PAYMENT
(a) Maximum and Rate. The total compensation payable to Consultant by City for the services under this Agreement SHALL NOT EXCEED the sum of $230,920 (herein "not to exceed amount"), and shall be earned as the work progresses on the following basis:

Hourly at the hourly rates and with reimbursement to Consultant for those expenses set forth in Consultant's Schedule of Fees attached as Exhibit "B," which is incorporated herein. The rates and expenses set forth in that exhibit shall be binding on Consultant until June 30, 2024, after which any change in the rates and expenses must be approved in writing by City's Project Manager (City is to be given a 60 day notice of any rate increase request), provided the not to exceed amount is the total compensation due Consultant for all work described under this Agreement.

ATTACHMENT #1
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(b) Payment. Consultant shall provide City with written verification of the actual compensation earned, in a form satisfactory to City's Project Manager. Invoices shall be made no more frequently than on a monthly basis, and describe the work performed, including a list of hours worked by personnel classification. All payments shall be made within 30 days after City’s approval of the invoice.
(c) Extra Services. Additional work not reasonably encompassed by the Scope of Services described in Section 2 may be agreed upon only by execution of a written Amendment to this Agreement. No liability or right to compensation for extra services shall exist without such Amendment. Unless otherwise stated in the Amendment, applicable rates for extra services shall be at the rates set forth in Exhibit “B.”

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

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

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

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

All services shall be completed within the term of this Agreement.

6. OWNERSHIP OF DOCUMENTS
All drawings, designs, data, photographs, reports and other documentation (other than Consultant's drafts, notes, and internal memorandum), including duplication of same prepared by Consultant in the performance of these services, are the property of City.

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

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7. PERSONAL SERVICES/NO ASSIGNMENT/SUBCONTRACTS
This Agreement is for professional services, which are personal to City. Glenn Lajoie, AICP, Principal and Director of Environmental Planning, is deemed to be especially experienced and is a key member of Consultant's firm, and shall be directly involved in performing, supervising or assisting in the performance of this work. This key person shall communicate with, and periodically report to, City on the progress of the work. Should said individual be removed from assisting in this contracted work for any reason, City may terminate this Agreement.

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

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

1. Michael Baker International is an authorized subconsultant for this project to provide support on technical studies for this EIR. Michael Baker will perform the tasks generally described below in this section (further detail is provided in Exhibit A Scope of Work):
a. Prepare the Air Quality technical report.
b. Peer review the Applicant-provided Biological Resources study. c. Peer review the Applicant-provided Archaeological Phase I study. Upon the City’s request, Michael Baker shall augment the review by providing a historical assessment. Upon the City’s request, Michael Baker shall assist with AB 52 consultations.
d. Prepare the Energy analysis technical review.
e. Prepare the Greenhouse Gas Emissions technical report. f. Peer review the Applicant-provided Phase 1 Environmental Site Assessment.
a. Peer review the Applicant-provided Noise Study. Prepare the Noise technical report.
g. Prepare a quantitative traffic discussion of the trip generation analysis, a qualitative VMT analysis, and a consistency analysis with the City’s policies.
h. Upon the City’s request, prepare photosimulations to support the environmental compliance documentation for the project.

2. No other subcontractors are authorized to work on the preparation of this EIR.

Other sections of the EIR may be subcontracted out by Consultant if written authorization by City is given before Consultant hires the subcontractor.

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8. HOLD HARMLESS AND INDEMNITY
(a) Hold Harmless for Consultant's Damages. Consultant holds City, its elected officials, officers, agents, employees and volunteers, harmless from all of Consultant's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to Consultant, to Consultant's employees, to Consultant’s contractors or subcontractors, or to the owners of Consultant's firm, which damages, losses, injuries or liability occur during the work or services required under this Agreement, or performance of any activity or work required under this Agreement.
(b) Defense and Indemnity of Third Party Claims/Liability. To the maximum extent allowed by law, Consultant shall indemnify, defend with legal counsel reasonably approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability including, but not limited to, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Consultant, or should City otherwise find Consultant’s legal counsel unacceptable, then Consultant shall reimburse City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay City any final judgment rendered against City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of Consultant’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

Consultant’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee.

However, without affecting the rights of City under any provision of this Agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of the Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City.
(c) Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by City, or the deposit with City, of any insurance certificates or policies described in Section 9.

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

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

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

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

Additional Insured Status
City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 10 01 and CG 20 37 10 01 if a later edition is used). The provision shall also apply to any excess liability policies. In addition, Consultant shall ensure that the automobile liability policy contains a provision covering City as an additional insured, and shall obtain an endorsement to that effect if it does not.

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

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

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

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

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

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

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

Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its officers, officials, employees or volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications - to waive their right of recovery prior to a loss.

Consultant hereby waives his own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. Copies of these waivers shall be submitted to City prior to commencement of work.

Claims Made Policies
If any of the required policies provided coverage on a claims-made basis:
(a) The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of contract work.
(b) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work required under this Agreement.

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(c) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement effective date, Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.

Verification of Coverage
Consultant shall provide City with copies of certificates (on City certificate form or an Accord form as modified per City direction) for all policies, with the appropriate named additional insured coverage and an endorsement that they are not subject to cancellation without 30 days prior written notice to City. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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

10. RELATION OF THE PARTIES
(a)Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. (b)No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

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11. CORRECTIONS
In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work that may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by City, and the cost thereof shall be charged to Consultant or withheld from any funds due to Consultant hereunder.

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

13. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished, or relating to Consultant's work or services.

Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within 10 calendar days of the receipt of that check.

However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors, agents and consultants for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors, agents and consultants.

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

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percent or more. Any overcharge will be considered a breach of this Agreement and could be cause for termination. The obligations of this section shall be explicitly included in any subcontracts or other agreements entered into by Consultant with respect to this Agreement.

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

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

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

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

19. GOVERNING LAW
This Agreement, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California. Should litigation occur, venue shall be in Superior Court of Ventura County.

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

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

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

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

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

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

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

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

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

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

TO CITY: Attention: Scott Kolwitz
Community Development Department
City of Thousand Oaks
2100 East Thousand Oaks Boulevard
Thousand Oaks, CA 91362
TO CONSULTANT: Glenn Lajoie, AICP
CSG Consultants, Inc.
3707 W. Garden Grove Blvd, Suite 100,
Orange, CA 92868

30. SIGNATURES
(a) Counterparts. This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument.
(b) Scanned Signatures. In the event that any signature is delivered by facsimile transmission or submitted electronically as a scanned image (i.e. files with .pdf, .tiff or .jpeg extensions), such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or scanned signature page were an original thereof.

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

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

CSG CONSULTANTS, INC.

Cyrus Kianpour,
Vice President of Planning Services
Nourdin Khayata,
Secretary

CITY OF THOUSAND OAKS
Bob Engler, Mayor
ATTEST:
____
Laura B. Maguire, City Clerk
APPROVED AS TO ADMINISTRATION:
____
Andrew P. Powers, City Manager
APPROVED BY DEPARTMENT HEAD:APPROVED AS TO FORM:

Office of the City Attorney
____ ___
Kelvin Parker, AICP By: Patrick Hehir, Chief Assistant City Attorney Community Development Director
cdd:410-30\SJK\ H:\COMMON\Administration & Special Projects\Contracts-POs-Task Orders\CSG-Janss Marketplace Hotel Project EIR 2022-70079
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EXHIBIT A

SCOPE OF WORK
________________________________________________________________ Scope of Work:

CSG Consultants, Inc. (CSG) ("Consultant") is to provide support to the City of Thousand Oaks, a municipal corporation ("City"), to comply with the California Environmental Quality Act (CEQA) for the Janss Marketplace Hotel Project (Project) and prepare an Environmental Impact Report (EIR) for the Project. The Project is generally described as the redevelopment of a portion of the existing Janss Marketplace with a new five-story hotel and retail building consisting of 216 rooms, amenities, and approximately 13,500 square feet of commercial retail space. The Janss Marketplace is approximately 455,000 square feet on approximately 38 acres, and the shopping center uses include retail establishments, restaurants, a gym and a movie theater.

The Consultant is to ensure the EIR meets the technical and legal standards required to comply with the CEQA and the City’s environmental review process. The City of Thousand Oaks is to be the Lead Agency.

In general, the Scope of Work includes the following activities:
•Prepare and Distribute Initial Study/Notice of Preparation •Prepare and Distribute Draft EIR
•Revise and Distribute Public Draft EIR
•Prepare and Distribute Final EIR
•Management, Meetings/Teleconferences & Coordination
Task 1.0 PROJECT MANAGEMENT AND MEETINGS

1.1 Project Management
The Consultant’s Project Manager will be responsible for the management and supervision of the EIR Project Team. The Consultant’s Project Manager will direct the preparation of the EIR, ensuring compliance with CEQA requirements, guidelines, and the City’s CEQA procedures. Documentation will be prepared in a City-approved format and will undergo internal review to ensure that it is of high quality, per industry standards, and meets the expectations of legal defensibility.

The Consultant’s Project Manager will coordinate with City staff and/or other stakeholder representatives as well as internal technical staff, support staff, and word processing/editing team members to achieve the timely completion of the EIR. Throughout the work program, the Consultant team will serve as an extension of City staff and serve as a resource on CEQA and environmental review matters for the Project.

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Monthly progress reports will be included with invoices, identifying the tasks accomplished, deliverables submitted, anticipated tasks/progress for the next month, and any pending issues. Any modifications/updates to the project schedule will also be provided. Monthly invoices will include the total contract amount, all costs (by task) incurred to date (actual and percentage), estimated completion percentage for each task, and financial information for each task for that billing period.

1.2 Project Meetings
Close coordination with staff is essential. The Consultant will participate in progress/project conference calls and/or meetings with staff. The meetings are anticipated to include the Project Kickoff meeting and Public Scoping meeting during the 30-day Notice of Preparation and meetings before the Planning Commission and City Council. Additional virtual progress meetings will be coordinated with the City. The following meetings with the Consultant are assumed:

1.2.1 Kickoff meeting with City staff and stakeholder representatives (included in Task 2.1)

1.2.2 NOP Scoping/Community meeting (included in Task 2.2)

1.2.3 Planning Commission meeting(s) (budgeting for two EIR certification hearings).

1.2.4 City Council meeting(s) (budgeting for two EIR certification hearings).

1.2.5 Periodic Project update calls and virtual meetings with Staff, at a minimum, expected bi-weekly.

1.2.6 Should the City determine that additional meetings beyond the meetings outlined above are necessary, this scope of work can be modified accordingly.

Task 2.0 KICKOFF AND PROJECT DESCRIPTION

2.1 Kickoff Meeting
The work program will be initiated with a Kickoff meeting with City representatives and stakeholders to discuss the Project features in greater detail. This initial meeting is vital to the success of the CEQA process and will be a key milestone to confirm the parameters of the analysis, information needs, the Project construction program, buildout conditions, scheduling, and overall communications. Prior to the Kickoff, the Consultant will distribute an agenda and information needs memorandum. Upon completion of the Kickoff meeting, the Consultant will prepare meeting minutes that detail action items for the Consultant team, City staff, and stakeholders. With the receipt of detailed Project information and feedback from the Kickoff meeting, the Consultant will draft the preliminary Project Description (Task 2.3) and any updates to the master schedule for review and approval by city staff.

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2.2 Data Collection and Site Visit
Following the Kickoff meeting, the Consultant will prepare and submit a data request to obtain any further information needs and/or clarifications related to Project construction and buildout assumptions. Additionally, the Consultant will conduct a site visit to assist in describing the environmental setting and to photographically document the site and surrounding area. The Consultant will also obtain and review existing documents available from the City, including policy documents, as well as environmental review studies in the vicinity.

2.3 Project Description
The Project Description will detail the site location, proposed Project characteristics, Project Objectives, phasing, and agreements/permits/approvals that are required, based on available information. The Project Description will present the proposed demolition, construction, land uses, project features, development regulations, design, and infrastructure improvements. This section will include a summary of the Project’s local environmental setting, existing General Plan, and Zoning. Exhibits depicting the regional and site vicinity will be included in the section. The Consultant will submit the draft Project Description for review and approval by the City and Applicant. The Consultant will revise the Project Description to address comments provided by the City and Applicant, and, once finalized, the Project Description will be distributed and used by the Consultant’s team. The Consultant assumes that once finalized, no significant modifications will occur to the Project Description.

Task 3.0 PROJECT SCOPING

3.1 Initial Study/Notice of Preparation
The Consultant will prepare the Administrative Draft Initial Study/Notice of Preparation (IS/NOP) for review. Since all topical issue areas will be addressed within the EIR, the NOP packet is to include an overview of the Project Description and to briefly reference that all topical areas, in accordance with Appendix G of the CEQA Guidelines, will be addressed in the EIR. The IS/NOP will include an overview of the Project, Project Objectives, and expected regulatory permitting and discretionary actions. The IS/NOP will include detailed explanations of all checklist determinations and discussions of potential environmental impacts. The analysis will be in accordance with Public Resources Code Section 21080(c) and CEQA Guidelines Section 15063.

The Consultant will work with City Staff to confirm the distribution list for the NOP.

The Consultant will distribute the NOP, including filing with the State Clearinghouse via CEQAnet, County Clerk, and to entities identified by the City.

The City will publish any required newspaper notices and provide site posting and radius mailings for the Project. Comments received in response to the NOP will be incorporated and reviewed as part of the EIR preparation.

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3.2 Scoping/Community Meeting
Upon publication of the IS/NOP (Task 3.1), a public scoping meeting, which can also involve federal, state, and local agencies, will be scheduled during the NOP public review period. The intent of the public scoping meeting, for CEQA, is to inform the community of the Proposed Project and allow the public to provide comments on environmental concerns. The Scoping Meeting will orient the community on the CEQA review process and will be presented in a manner in which the community can gain a greater understanding of the proposal, the intent of CEQA, and the key issue areas to be addressed in the EIR. The Consultant will provide handouts and PowerPoint information to supplement the presentation.

Following the presentation, the meeting will be devoted to the public to share questions and comments. Comment forms will be made available and oral comments will be recorded and become a part of the administrative record. This task assumes one (1) scoping meeting, however, additional meetings can be arranged and scheduled, subject to further discussions with the City of Thousand Oaks.

Task 4.0 ADMINISTRATIVE DRAFT EIR

4.1 Executive Summary
The Executive Summary will summarize the Project location, Project Description, Areas of Controversy and Issues to be Resolved and Alternatives. The summary of impacts, mitigation measures, and level of significance after mitigation will be presented in a columnar format.

4.2 Introduction and Purpose
The Introduction and Purpose will cite the provisions of CEQA, the City of Thousand Oaks CEQA Implementing Procedures, Project background and history, the purpose of the EIR, scoping efforts, environmental issues assessed in the EIR, the environmental review process, organization of the EIR, responsible and trustee agencies and documentation incorporated by reference.

4.3 Project Description
The Project Description section will incorporate the completed Description referenced in Task 2.3.

4.4 Thresholds of Significance
This section will provide a comprehensive description of thresholds of significance for each issue area of environmental analysis. The significance threshold criteria will be described and will provide the basis for conclusions of significance. Primary Item No.7Q

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sources to be used in identifying the criteria include the CEQA Guidelines, as well as local, State, Federal and other standards applicable to an impact category. The thresholds along with standard conditions for approval will also be referenced in the impact analysis section for each environmental topic.

4.5 Cumulative Projects/Analysis
In accordance with CEQA Guidelines Section 15130, the environmental review for each topical issue will address cumulative considerations. A cumulative Projects list will be referenced pursuant to information available from the City of Thousand Oaks, County of Ventura, and local agencies in proximity to the site. The purpose of this review is to present a listing and description of projects, past and present, and those anticipated in the reasonably foreseeable future. The potential for impacts and level of significance are based upon the radius or area of interaction with the Project area. The cumulative projects will be listed by name, location and description and will be the basis for the cumulative impact analysis for each environmental topic.

4.6 Environmental Topical Areas of Study
Topical EIR sections will contain a review of existing conditions, the regulatory framework, applicable Project design features, potentially significant Project and cumulative environmental impacts, mitigation measures, and conclusions of significance of impacts following mitigation.

4.6.1 Aesthetics
The Aesthetics analysis will be based on thresholds established and referenced in Appendix G, Section I, Aesthetics, of the CEQA Guidelines.

The review will consider nearby sensitive uses that are in proximity to the site. The study of impacts will thoroughly address existing conditions, identify demolition and construction-related impacts, review and consider designated scenic vistas that may occur in the vicinity, nearby view vantage points, analyze character and quality considerations and study potential light and glare impacts.

Existing Conditions: The existing aesthetic environment and visual resources will be characterized, and the discussion will identify views of the Project site from adjacent areas. A visual inventory of the Project area will be conducted to verify the visual character and viewshed. A photo inventory will illustrate on-site and surrounding views.

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and earthwork will be addressed. Construction-related haul trucks and the movement of equipment will also be analyzed.

Viewshed: View locations will be identified in the local area. The Project’s potential to create view impacts will be studied through a series of graphic exhibits. Existing viewshed photographs will be taken with a high-resolution digital lensed reflex (SLR) camera. The analysis will include line of site drawings and perspective views imagery provided by the applicant. The line of site drawings includes views from North Moorpark Road and Brazil Street, North Moorpark Road and Hillcrest Drive, West Wilbur Road and Marin Street, and the interior of the Marketplace. The line of site drawings provided by the applicant will be further verified prior to use in the EIR.

Should the city request independent view simulations, services can be provided in accordance with Optional Task 7.1.

Character and Quality: The analysis will consider the potential effects on the quality and character of the Project area. The compatibility and introduction of new land use, when compared to the surrounding area, will be studied. The Project’s consistency with the character/quality of the surrounding uses will be considered. Consistency with applicable Municipal Codes, Development Standards, and Regulations pertaining to aesthetics will be reviewed. The review will include aesthetics considerations for the proposed C-3H (Community Shopping Center-Height Overlay), which is proposed to allow the hotel to be up to 75 feet tall.

Light and Glare: The potential for significant impacts to be generated by the introduction of light and glare associated with new development onsite will be addressed. Existing lighting conditions will be identified and proposed lighting (e.g., interior lighting, exterior security lighting, landscape lighting, and potential increases in vehicular headlights in the vicinity of project ingress and egress locations) will be considered. Existing City policies and guidelines regarding light and glare will be reviewed for inclusion within the EIR.

For each of the subtopics for Aesthetics, the analysis will conclude the level of significance for impacts and mitigation measures will be recommended to reduce potentially significant impacts.

4.6.2 Agriculture and Forestry Resources
The Consultant will document that through a site reconnaissance, review of aerial photography, and thresholds established in Appendix G, Section II of the CEQA Guidelines, that no agricultural uses occur on site. It will be further documented that forestry resources do not exist on-site either. The Consultant will also further verify through additional research involving the City of Thousand Oaks policy documents, the National Resources Item No.7Q

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Conservation Services Soil Survey, the California Department of Conservation Farmland Monitoring and Mapping program, and Williamson Act Maps that neither agricultural uses r forestry resources occur on site.

The conclusion of no potential impacts is anticipated to be presented in the Effects Found Not to Be Significant section.

4.6.3 Air Quality
The Consultant’s subconsultant will prepare the Air Quality technical report.

The analyses will be structured to address the applicable questions from Appendix G, Section III of the CEQA Guidelines. The Consultant will incorporate the technical report into the EIR section.

Existing Conditions/Regulatory Framework: The project is located within the South-Central Coast Air Basin (SCCAB), which is under the jurisdiction of the Ventura County Air Quality Pollution District (VCAPCD). Baseline meteorological and air quality data developed through the California Air Resources Board (CARB) will be utilized for the description of existing ambient air quality. Air quality data from the nearest representative air quality monitoring stations will be included to help highlight existing air quality local to the project area. The analysis will also describe and address the requirements set forth by the VCAPCD Air Quality Assessment Guidelines.

Construction-Related Emissions: Based on data provided by the project Applicant, emissions generated during construction activities will be quantified using the California Emissions Estimator Model version 2020.4.0 (CalEEMod). A general description of the major phases of demolition and construction and their timing will be required. The air pollutant emissions during construction will be compared to the VCAPCD thresholds of significance. Naturally occurring asbestos impacts will also be discussed qualitatively. If necessary, mitigation measures will be identified to reduce construction-related emissions to the extent feasible.

Long-Term Emissions: Operational (i.e., area, mobile, and energy source) emissions will be quantified and compared to the VCAPCD air quality emissions thresholds. The emissions will be quantitatively derived utilizing CalEEMod. Primary sources of emissions will be related to area sources, energy sources, and local/regional vehicle miles traveled. Project consistency with the VCAPCD 2016 Air Quality Management Plan will be evaluated.

Air Emissions Health Impacts: As a result of the California Supreme Court decision for Sierra Club vs. County of Fresno (Friant Ranch L.P.), the resultant human health impacts from the project’s short-term construction and long-term operational air emissions will be analyzed.

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For each of the subtopics for Air Quality, the analysis will conclude the level of significance for impacts and mitigation measures will be recommended to reduce potentially significant impacts.

4.6.4 Biological Resources
The Consultant’s subconsultant will conduct a peer review of the Applicant's Biological Resources study to determine the report’s adequacy pursuant to Appendix G, Section IV of the CEQA Guidelines. The Consultant’s subconsultant approach will include an in-depth review of the report and any additional jurisdictional overlays that may apply to the site. The Consultant’s subconsultant will provide questions, points of clarification, and comments indicating the adequacy (or inadequacy) of the Biological Resources technical report’s content in a memo. Note that this task excludes a site visit. The technical analysis will be incorporated into the EIR.

The findings of the Biological Report will be included in the EIR section. The section will describe: 1) the methodology used to conduct the survey of site conditions, 2) a general description of the existing vegetation types and any associated wildlife resources on the project site, and 3) potential impacts from project development.

For each of the subtopics for Biological Resources, the analysis will conclude the level of significance for impacts and mitigation measures will be recommended to reduce potentially significant impacts.

4.6.5 Cultural, Historical and Tribal Resources
The Cultural, Historical and Tribal Resource Sections will include standard resource information and associated regulations, a discussion of the Project’s cultural context, and results of the assessment. Technical analysis will be incorporated into the EIR.

The Consultant’s subconsultant will conduct a peer review of the Applicant- provided Archaeological Phase I Study. The intent of the peer review is to identify if the analysis provided adequately responds to Appendix G, Section V of the CEQA Guidelines. A memorandum summarizing the results of the peer review will be prepared and submitted to the Applicant to update the Applicant-provided Archaeological Phase I Study. Additionally, the Consultant’s subconsultant will conduct a brief review of the revised (final) document to ensure the peer review comments have been properly addressed. The results of the cultural report will be presented in this section of the EIR.

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In addition, in accordance with Assembly Bill (AB) 52, the City of Thousand Oaks is required to initiate a consultation with California Native American tribes that are geographically and culturally affiliated with the project area and are required to be notified regarding projects in their jurisdiction if they have requested to be notified. Should the City require assistance with AB 52 consultations and processing, services can be provided under optional Task 7.2.The results of the AB 52 consultations will be incorporated into this section of the EIR in accordance with Appendix G, Section XVIII of the CEQA Guidelines.

While the existing structure is over 45 years old (built in 1963), it is assumed that the existing building is not considered a historic property, as the project site and buildings have been modified since the initial construction. Upon the City’s request, the Consultant’s subconsultant can augment the review by providing a historical assessment, utilizing California Department of Parks and Recreation (DPR) forms and or Site Recordation. Please refer to Optional Task 7.3 for additional information.

For each of the subtopics for Cultural, Historical and Tribal Resources, the analysis will conclude the level of significance for impacts and mitigation measures will be recommended to reduce potentially significant impacts.

4.6.6 Energy
The Consultant’s subconsultant will prepare the Energy analysis technical review. The technical analysis will be incorporated into this section of the EIR.

The Consultant’s subconsultant will analyze the energy implications of the project pursuant to Public Resources Code Section 21100(b)(3) and Appendix F and Appendix G, Section VI, of the CEQA Guidelines. These statutes and guidelines require a project to describe, where relevant, the wasteful, inefficient, and unnecessary consumption of energy caused by a project. In addition, Appendix G of the CEQA Guidelines requires a consistent analysis with state or local plans for renewable energy or energy efficiency. The analysis will analyze energy consumption associated with short-term construction activities and long-term operations using CalEEMod based on the project’s land use data. The analysis will also discuss the effects of the project on regional and local energy supply, demand, and resources, and the project’s consistency with energy standards and requirements.

For each of the subtopics for Energy, the analysis will conclude the level of significance for impacts and mitigation measures will be recommended to reduce potentially significant impacts. Additionally, the assessment of environmental impacts on energy resources will include mitigation measures to reduce inefficient and unnecessary consumption of energy, if necessary.

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4.6.7 Geology and Soils
Based upon the Limited Geotechnical Engineering investigation, dated September 2019, at a nearby property located at 179 North Moorpark Road, and other available studies, grading plans and related references, this section will include a review of existing regional and local geology and soils constraints (such as compressible soils, landslide hazards, disruptions, displacements, compaction or over-covering of soil and areas subject to subsidence) and overall seismic hazards. The Limited Geotechnical Engineering report provides data, borings and an assessment, concluding no significant stability issues. Groundwater perching was found at a depth of two feet below the existing grade, anticipated to be caused by excessive irrigation, clay soils, or leaking pipes. Historically, groundwater has been measured at 10 feet in the area and has not been a concern, according to the Limited Geotechnical Engineering report.

The Project will be evaluated based on Appendix G, Section VII, of the CEQA Guidelines. The evaluation will include the potential to directly or indirectly cause substantial adverse effects involving fault rupture, strong seismic ground shaking and seismic-related ground failure (i.e., liquefaction). The section will address existing conditions, and impacts caused by the proposed Project.

For each of the subtopics for Geology and Soils, the analysis will conclude the level of significance for impacts resulting from the construction and buildout of the site and mitigation measures will be recommended to reduce potentially significant impacts.

4.6.8 Greenhouse Gas Emissions
The Consultant’s subconsultant will prepare the Greenhouse Gas Emissions technical report. The analyses will be structured to address the applicable questions from Appendix F, Section VIII of the CEQA Guidelines.

The Consultant will incorporate the report into the EIR section.

The Consultant’s subconsultant will review the project’s vehicle trip generation, energy consumption, and other operational sources and will prepare an inventory of the greenhouse gas (GHG) emissions (i.e., nitrous oxide, methane, and carbon dioxide) from both direct (i.e., area and mobile sources) and indirect sources (i.e., energy/water consumption and wastewater/solid waste generation). In addition, total GHG emissions from construction activities will be amortized into the GHG emissions inventory.

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landscaping water efficiency. The GHG emissions analysis will also discuss the potential global climate change impacts, the effects of GHG emissions, and history of GHG emissions regulations in California. The analysis will review project consistency with applicable plans for the purpose of reducing GHG emissions, such as the California Air Resources Board 2017 Climate Change Scoping Plan and Southern California Association of Governments 2020–2045 Regional Transportation Plan/Sustainable Communities Strategy (2020–2045 RTP/SCS).

For each of the subtopics for GHG emissions, the analysis will conclude the level of significance for impacts and mitigation measures will be recommended to reduce potentially significant impacts.

4.6.9 Hazards and Hazardous Materials
The Consultant’s subconsultant will conduct a peer review of Phase 1 Environmental Site Assessment prepared by Priority One Environmental Inc, dated July 25, 2022. In summary, the report had no identified concerns resulting from a site reconnaissance, records search, and the overall investigation. Based on the age of the structure, there is the potential for asbestos-containing material and lead-based paint, as the study noted. The Consultant’s subconsultant will review the findings, opinions, and conclusions made in the Phase 1 report. This task does not include a site inspection, interviews, review of public records or the completion of other ASTM documentation.

The EIR section will be based on Appendix G, Section IX, Hazards and Hazardous Materials, of the CEQA Guidelines. The section will include the regulatory agency database information verifying current and past hazardous concerns. The section will address existing conditions, impacts caused by the proposed Project.

For each of the subtopics for Hazards and Hazardous Materials, the analysis will conclude the level of significance for impacts and mitigation measures will be recommended to reduce potentially significant impacts.

4.6.10 Hydrology and Water Quality
Based on available references provided by the City, the section will include a review of existing regional and local hydrologic, drainage and water quality conditions. The EIR evaluation will be based on Appendix G, Section X, Hydrology and Water Quality, of the CEQA Guidelines. The local setting, topography, climate, surface waters, watershed, regional streams and water bodies will be identified. Existing and proposed hydrology/drainage and water quality conditions will be addressed for the Project, based on applicant-provided information. Based on available technical information, Item No.7Q

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the analysis will consider changes in absorption rates, drainage patterns, storm drain improvements, and downstream effects associated with the proposed Project. The potential for the Project to degrade water quality, interfere with groundwater recharge or expose people to water-related hazards will be identified.

The section will address existing conditions, and impacts caused by the Project.

For each of the subtopics for Hydrology and Water Quality, the analysis will conclude the level of significance for impacts and mitigation measures will be recommended to reduce potentially significant impacts.

4.6.11 Land Use and Planning
The Consultant will evaluate the proposed Project in consideration of surrounding land uses and will analyze the relationship of the Project to applicable planning policies and standards. The review will be based on Appendix G, Section XI, Land Use and Planning, of the CEQA Guidelines which refers to review of a proposed action to determine if it can cause a significant environmental impact due to a conflict with any land use policy or regulation adopted for the purpose of avoiding or mitigating an environmental effect. The analysis will consider adjacent and nearby land uses and determine any implications that may arise out of the discretionary approvals that are requested which include a proposed Zone Change, limited to the footprint of the hotel, from C-3 (Community Shopping Center) to C-3-H (Community Shopping Center-Height Overlay), which is proposed to allow the hotel to be up to 75-feet tall. The review will include regional policy considerations including consistency with the Southern California Association of Governments Regional Comprehensive Plan and Guide policies.

For each of the subtopics for Land Use and Planning, the analysis will conclude the level of significance for impacts and mitigation measures will be recommended to reduce potentially significant impacts.

4.6.12 Mineral Resources
There are no known Mineral Resource conditions onsite. Pursuant to Appendix G, Section XII, Mineral Resources, of the CEQA Guidelines, the Consultant will document that there is not a known loss of availability of known resources or an important mineral recovery site. The results of the review are expected to be presented in the Effects Found Not to Be Significant section.

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4.6.13 Noise
The Consultant’s subconsultant will prepare the Noise technical report. The analyses will be structured to address the applicable questions from Appendix G, Section XIII of the CEQA Guidelines. The Consultant will incorporate the report into the EIR section.

Peer Review: The Consultant’s subconsultant will conduct a peer review of the Noise Study prepared for the proposed project by the project applicant.

It is expected that the Noise Study would identify demolition techniques and construction detail methodologies and would not include ambient noise measurements or short-term and long-term noise analysis. The Consultant’s subconsultant will review the Noise Study and incorporate related information in the noise analysis discussed below.

Existing Conditions/Regulatory Framework: The applicable noise and land use compatibility criteria for the project area will be reviewed and noise standards regulating noise impacts will be discussed for land uses on and adjacent to the project site. A site visit will be conducted, and short-term noise level measurements will be taken in the project area. The noise monitoring survey will be conducted at up to three separate locations to establish baseline noise levels in the project area. Noise recording lengths are anticipated to require approximately 10 minutes at each location.

Construction-Related Noise and Vibration: Noise impacts from construction sources will be analyzed based on the anticipated equipment to be used, length of a specific construction task, equipment power type (gasoline or diesel engine), horsepower, load factor, and percentage of time in use. The construction noise impacts will be evaluated in terms of maximum levels (Lmax) and hourly equivalent continuous noise levels (Leq) and the frequency of occurrence at adjacent sensitive locations. An analysis of vibration impacts will be based on the Federal Transit Administration’s vibration analysis guidance. Analysis requirements will be based on the sensitivity of the area, anticipated construction activities, and General Plan policies, Noise Ordinance specifications, and/or land use compatibility criteria for off-site uses.

Operational Noise and Vibration: The project-generated off-site traffic noise levels will be compared to the applicable General Plan policies, Noise Ordinance specifications, and/or land use compatibility criteria for off-site uses. On-site noise generating activities (e.g., stationary sources, parking lot activities, etc.) will also be addressed and analyzed for potential impacts to the adjacent uses and will be assessed against the General Plan policies and Noise Ordinance specifications. Compliance with applicable noise standards will be evaluated.

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For each of the subtopics for Noise, the analysis will conclude the level of significance for impacts and mitigation measures will be recommended to reduce potentially significant impacts.

4.6.14 Population, Housing and Growth Inducement
The section will be based on Appendix G, Section XIV, Population and Housing, as well as Section 15126.2 (d), Growth Inducement, of the CEQA Guidelines. The analysis in this section will be based on data from the City of Thousand Oaks, County of Ventura, the California Department of Finance, and U.S. Census. The section will discuss ways in which the proposed Project could foster economic or population growth, either directly or indirectly, in the surrounding environment. Potential growth-inducing impacts from the proposed development will be analyzed as they relate to population, housing and employment factors. The analysis will address growth-inducing impacts in terms of whether the Project influences the rate, location and amount of growth. Growth-inducing impacts will be assessed based on the Project’s consistency with adopted/proposed plans that have addressed growth management from a local and regional standpoint.

For each of the subtopics for Population, Housing and Growth Inducement, the analysis will conclude the level of significance for impacts and mitigation measures will be recommended to reduce potentially significant impacts.

4.6.15 Public Services and Recreation
The Consultant will contact affected agencies to confirm relevant existing conditions and potential project impacts. The discussion will focus on potential alterations of existing facilities, extension or expansion of new facilities and any possible increase in demand for services based on the proposed Project location and uses. The evaluation will include potential impacts for proposed/required new or physically altered government facilities, fire protection, police protection, schools, parks, recreational and other facilities.

The section will be based on Appendix G, Sections XV, Public Services, and Section XVI, Recreation, of the CEQA Guidelines. The Section will address existing conditions, impacts caused by the proposed Project.

For each of the subtopics for Public Services and Recreation, the analysis will conclude the level of significance for impacts and mitigation measures will be recommended to reduce potentially significant impacts.

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4.6.16 Traffic and Transportation
The Consultant’s subconsultant will prepare a quantitative traffic discussion of the trip generation analysis prepared by the City’s Public Works Department for the Project to document their finding of less than 100 peak hour trips and for consistency with the City’s General Plan policies. The discussion will evaluate the estimated number of trips and existing trip credits. An updated trip generation analysis is not anticipated. The City will provide the analysis documentation and assumptions. Also, the Consultant’s subconsultant will prepare a qualitative VMT analysis discussion based on the City’s analysis and findings that a formal VMT assessment is not required. The EIR section will be based on Appendix G, Section XVII of the CEQA Guidelines. The technical analysis will be incorporated into the EIR.

For each of the subtopics for Traffic and Transportation, the analysis will conclude the level of significance for impacts and mitigation measures will be recommended to reduce potentially significant impacts.

4.6.17 Utilities and Service Systems
The Consultant subconsultant will contact affected service providers to confirm relevant existing conditions and potential effects. The analysis will address both wet (water, sewer, and stormwater) and dry (electricity, natural gas, and telecommunication) utility infrastructure. The discussion will include on and off-site utility line upgrades, existing capacities, and availability of supply to meet demand. The analysis will also address whether the Project would have sufficient water supplies available from existing entitlements and resources and would new or expanded facilities be needed. Landfill capacity and compliance with solid waste regulations will be addressed.

The section will be based on Appendix G, Section XIX, Utilities and Service Systems, of the CEQA Guidelines. The section will address existing conditions, impacts caused by the proposed Project.

For each of the subtopics for Utilities and Service Systems, the analysis will conclude the level of significance for impacts and mitigation measures will be recommended to reduce potentially significant impacts.

4.6.18 Wildfire
Based on available data from the Fire Hazard Severity Zone Map (California Department of Forestry and Fire Prevention-Cal Fire) the Consultant will confirm the project site location and any proximity to state responsibility areas or lands classified as very high fire hazard severity zones. The review Item No.7Q

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will be based on Appendix G, Section XX, Wildfire, of the CEQA Guidelines.

The proposed project is not expected to impair an emergency response or evacuation plan, exacerbate wildfire risk or expose people or structures to significant risk. No significant impacts are anticipated, and the results of the review are expected to be presented in the Effects Found Not to Be Significant section.

4.7 Alternatives to the Proposed Project
In coordination with City Staff, the Consultant will develop project alternatives designed to avoid and/or substantially reduce any impacts that cannot otherwise be mitigated to a level less than significant. Pursuant to CEQA Guidelines Section 15126.6, the Consultant will provide an analysis of a “reasonable range” of alternatives, comparing the environmental impacts of each alternative in each impact area to the Project. For those alternatives considered but rejected from further consideration, the Consultant will document these considerations in this section. The Consultant will provide both qualitative and quantitative analysis of alternatives, comparing the environmental impacts of each alternative to that of the proposed Project. An impact matrix will be provided to depict the comparison of impacts (i.e., environmentally superior, inferior, or similar) of each of the Alternatives analyzed. The project alternatives to be considered will include the No Project alternative and a reduced density/reduced height alternative.

4.8 Additional CEQA Sections
The Consultant will provide additional EIR sections to meet CEQA and City requirements, including the following: Significant Irreversible Environmental Changes That Would be Involved in the Proposed Action Should It Be Implemented; Effects Found Not to Be Significant; Inventory of Unavoidable Adverse Impacts; Organizations and Persons Consulted/Bibliography and Prepares of the EIR.

4.9 Graphic Exhibits
The EIR will include graphic exhibits to enhance the written text and clarify the proposed Project and potential impacts. For the purposes of budgeting, it is anticipated that up to 25 exhibits will be created. The Consultant will use state-of- the-art computer design equipment and techniques to create professional quality black and white and/or full-color exhibits, dividers, and cover for the EIR document.

All exhibits will be 8 ½” by 11” in size.

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Task 5.0 DRAFT EIR

5.1 Preliminary Draft EIR
The Consultant will respond to one complete set of comments on the Administrative Draft EIR. The Consultant will revise the document and the Consultant will provide the Preliminary Draft EIR as a WORD file, with all changes presented in track changes to assist the final check of the document. A PDF of the Preliminary Draft EIR will also be provided, including all exhibits.

5.2 Completion of the Draft EIR
Following the review of the Preliminary Draft EIR, which is expected to include one complete set of comments from both the City, the Consultant will revise the document and prepare the Public Review Draft EIR for distribution. This task assumes that all substantive comments will have been raised as a part of Task

5.1. The Consultant will prepare the Draft EIR for the 45-day public review period.

This scope of work assumes that the Consultant will provide the Draft EIR electronically to the City, for local distribution. The Consultant will log the Public Review Draft EIR into the State Clearinghouse and file the Notice of Availability (NOA) and Notice of Completion (NOC). The City will be responsible for any distribution, radius mailing, site postings, and newspaper noticing required for the project.

Task 6.0 FINAL EIR

6.1 Responses to Comments
The Consultant will respond to comments received on the Draft EIR and all testimony received at the Planning Commission public hearing during the 45-day public review period. The Consultant will prepare thorough, reasoned, and sensitive responses to relevant environmental issues. The Draft responses to comments will be prepared for review by staff. The Consultant will address one complete set of comments from City staff and will provide revisions in track changes for ease of review. The updated Response to Comments section will be incorporated as a section into the Final EIR.

It is noted that it is unknown at this time the extent of public and agency comments that will result from the public review process. Should the extent of responses to comments exceed the budget estimate, additional funding may be required. The scope of work does not assume any further supplemental technical studies or extensive analysis will be required for the response to comments. If it is determined that supplemental technical analysis is required, the Consultant will work with the City to determine the associated scope of work and additional funding required.

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6.2 Mitigation Monitoring and Reporting Program
In order to comply with Public Resources Code Section 21081.6 (AB 32180), the Consultant will prepare a Mitigation Monitoring and Reporting Program (MMRP) to be defined through working with City staff to identify appropriate monitoring steps/procedures and provide a basis for monitoring such measures during and upon project implementation. The MMRP checklist will serve as the foundation of the MMRP. The checklist will outline the mitigation measure number, as referenced in the EIR, the mitigation measure/condition of approval, the Monitoring Milestone (what agency/department is responsible for verifying the implementation of the measure), the Method of Verification (documentation, field checks, etc.), and a verification section for the initials of the verifying party, date of verification, and pertinent remarks. A draft MMRP will be prepared for review by staff and The Consultant will respond to one set of City Staff comments in order to finalize the MMRP.

6.3 Final EIR
The Final EIR will consist of the Response to Comments, MMRP, and revisions to the Draft EIR text, as determined necessary. To facilitate the review, the Consultant will format the Final EIR with bold/underline text for any new or modified text, and “strike out” any deleted text. A “check copy” Final EIR will be provided for review and confirmation that the Final EIR is complete. The Consultant will respond to editing requests in order to finalize the Final EIR. It is assumed that the Consultant will prepare the Notice of Determination (NOD) and file with the State Clearinghouse via CEQAnet and County Clerk within five days of EIR certification.

On an ongoing basis, the Consultant will compile the administrative record, including background documents. The administrative record will be delivered to the City, along with the Final EIR.

6.4 Findings and Statement of Overriding Considerations The Consultant’s will provide administrative assistance to facilitate the CEQA process including the preparation of the Findings and Statement of Overriding Considerations, if required, for City use in the project review process. The Findings will be prepared in accordance with CEQA Guidelines Section 15091 and 15093 and in a City specified format. The Draft Findings and Statement of Overriding Considerations, if needed, will be submitted for City review. The Consultant will respond to one set of comments from the City.

Task 7.0 OPTIONAL TASKS
The following tasks are included as optional tasks in the work program and associated budget at this time. At the discretion of the City, the Consultant and or the Consultant’s subconsultant may be provided written authorization to complete these optional tasks.

Item No.7Q

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7.1 Visual Simulations
Upon the request of the City, the Consultant’s subconsultant will prepare up to four (4) photosimulations to support the environmental compliance documentation for the project. Upon project kickoff, the Consultant’s subconsultant will schedule site reconnaissance and take professional photographs. The Consultant’s subconsultant will utilize a Nikon D1X digital camera, or a camera and lens of similar quality; the output of the photographs will be in an electronic (jpg) format.

Photograph locations will be documented with global positioning system (GPS) technology. The Consultant’s subconsultant will use up to four photographs to simulate the proposed project.

One (1) three-dimensional (3D) computer model will be prepared to simulate the project from up to four (4) Key Views. Site topography, paving, and landscape will be modeled at a level of detail that includes vegetation removal, topographic changes, exposed earth, and other significant objects. The simulated models will be masked onto the site photography described above. This task is limited to four (4) photographic locations. All modeled objects will be colored and textured utilizing advanced mapping techniques such as decals, transparency, and reflective maps. All available resources are used to create a depiction of the subject that is as close to photorealism as possible. This includes multiple light sources, shadows, and other creative techniques. The rendered subject is superimposed into the photograph utilizing masking techniques that blend the two seamlessly. Other items are also superimposed such as landscaping, trees, cars, and people as necessary to achieve realism. The results of the photosimultations will be incorporated into the EIR by the Consultant.

7.2 AB 52 Consultation
Upon the request of the City, the Consultant’s subconsultant will assist the City with meeting Native American consultation requirements pursuant to Assembly Bill (AB) 52. In coordination with the City, the Consultant’s subconsultant will prepare the draft consultation letters to tribes that have requested AB 52 notification.

However, because consultation is required to be government-to-government, pursuant to State law, the City will send the consultation letters, complete the AB 52 consultation, and provide the consultation log with supporting documentation (ex. letters, emails, phone conversation summaries) for inclusion in the environmental document. This scope does not include meetings or additional consultations. The results of the consultations will be incorporated into the EIR by the Consultant.

7.3 Historical Review
Upon the request of the City, the Consultant or the Consultant’s subconsultant would research if the Janss Marketplace as a whole and the specific location of the project within the existing Janss Marketplace (Marshalls store location) is a Item No.7Q

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potential historic resources under CEQA and whether the proposed project may cause a substantial adverse change in the significance of a resource. If this option is exercised, the Consultant or the Consultant’s subconsultant would augment the review by providing a historical assessment, utilizing California Department of Parks and Recreation (DPR) forms and or Site Recordation. The results of the consultations will be incorporated into the EIR by the Consultant.

Task 8.0 Deliverables
For budgetary purposes, the following is a breakdown of all product deliverables. The listed deliverables are in accordance with the RFP and also assume a standard number of deliverables for a project of this type. The listing can be adjusted, as requested by the City staff. Additional documents can also be provided at cost, per document, on a time and material basis, as requested by the City.

PROJECT MANAGEMENT

1. One electronic copy of the kickoff meeting agenda and minutes.

2. Ten hard copies of the kickoff meeting agenda.

3. One electronic copy of the draft and final project description.

4. One electronic copy of the schedule with updates, as needed.

5. One electronic copy of monthly progress reports supporting monthly invoices.

NOTICE OF PREPARATION

1. One electronic copy of the draft and final Notice of Preparation/Initial Study.

2. Fifteen hardcopies and one electronic copy of the Notice of Preparation.

3. Fifteen hardcopies and one electronic copy of the NOP to agencies / interested parties on the City’s distribution list.

ADMINISTRATIVE DRAFT EIR

1. One electronic copy of the Administrative Draft EIR.

2. Five bound hard copies of the Administrative Draft EIR.

3. One electronic copy of the complete Administrative Draft EIR appendices.

4. One electronic copy of the Revised second Administrative Draft with the incorporation of City comments in track changes, executive summary, and Mitigation Monitoring and Reporting Program.

DRAFT EIR

1. One electronic copy of the public review Draft EIR.

2. Fifteen bound hard copies of the public review Draft EIR with draft documents and technical appendices on CD provided within each hard copy.

3. Twenty CDs that contain the public review draft document and technical appendixes for additional distribution.

4. One electronic copy of the Notice of Availability.

5. Twenty copies of the Notice of Availability to be distributed with the public review draft CDs.

Item No.7Q

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6. State Clearinghouse submittal package, including Notice of Availability, State Clearinghouse summary form.

7. Three hard copies of the Notice of Availability for filing at the County Clerk.

FINAL EIR

1. One electronic copy of the administrative draft, a second administrative draft, and final responses to comments.

2. One electronic copy of the administrative draft second administrative draft and final Mitigation Monitoring and Reporting Program.

3. One electronic copy of the Final EIR (including the final response to comments, Mitigation Monitoring and Reporting Program, and Errata, if necessary.

4. Ten hardcopies of the Final ER (including the final responses to comments Mitigation Monitoring Program and Errata, if necessary.

5. One electronic copy of the draft Findings and Statement of Overriding Consideration, an electronic copy of the Notice of Determination.

Item No.7Q

Schedule
The Consultant’s proposed schedule is provided below. The breakdown of manhours for this project are included in Exhibit B Schedule of Fees.

Tasks Timeline/Month
Monthly Progress Reports monthly
Kickoff Meeting 1
Master Schedule 1
Data Needs Request 1
Administrative Draft Project Description 1
Review of Administrative Draft Project Description 1
Draft Project Description 1
Administrative Draft Initial Study/Notice of Preparation 1 Review of Administrative Draft Initial Study/Notice of Preparation 1 Draft Initial Study/Notice of Preparation 1
30 Day Notice of Preparation Public Review 1-2
Public Scoping Meeting During the 30-day review 2
Administrative Draft EIR Preparation 2-4
Review of the Administrative: Draft EIR 5
Preliminary Draft EIR Preparation 5
Review of Preliminary Draft EIR 6
Public Review Draft Completion 6
45 Day Draft EIR Public Review 6-7
Public Meeting During the 45-day Public Review 7
Administrative Draft Responses to Comments 7
Review of the Administrative Draft Responses to Comments 7 Draft Responses to Comments 7-8
Administrative Draft Mitigation Monitoring and Reporting Program 7-8 Review of the Administrative Draft Mitigation Monitoring and Reporting Program 7-8
Administrative Final EIR 7-8
Review of the Administrative Final 8
Final EIR Completion 8
Final EIR to the City 8
Administrative Draft Findings and Overriding Considerations tbd Review of the Administrative Draft Findings and Overriding Considerations tbd Findings and Overriding Considerations Completion tbd
Hearings tbd
Item No.7Q

EXHIBIT B

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

PERSONNEL COMPENSATION
Classification Hourly Rate
Environmental Director $210
Senior Environmental Planner $175
Associate Environmental Planner $160
Item No.7Q

Item No.7Q

MISCELLANEOUS COMPENSATION
Printing Reproductions (to be charged at direct cost) estimated at $800 Postage and Deliveries (to be charged at direct cost) estimated at $800 Mileage (to be charged consistent with the Internal Revenue Service standard milage rates in effect at the time of travel) estimated at $500 Additional staff levels and types of reimbursable expenses may be added to meet the needs of the Project; however, the additional items may not exceed the total cost of the agreement.

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

Item No.7Q

TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:December 6, 2022
SUBJECT: Single-Use Foodware Accessories and Standard Condiments Municipal Code Amendment
RECOMMENDATION:

1. Read ordinance in title only, further reading be waived, and if no objection, introduce ordinance repealing Sections 6-6.302 and 6-6.303 of the Thousand Oaks Municipal Code and adding Chapter 7 to Title 6 of the Thousand Oaks Municipal Code restricting the use and distribution of single-use foodware accessories and standard condiments.

2. Find that the action is exempt from the California Environmental Quality Act pursuant to 14 CCR § 15061(b)(3) and 14 CCR § 15308.

FINANCIAL IMPACT:

No Additional Funding Requested. Funding for staff time to prepare associated documents is included in the Adopted FY 2022-23 General Fund Budget.

BACKGROUND:

In 2018, Governor Brown signed Assembly Bill (AB) 1884 into law, prohibiting full- service restaurants from distributing single-use plastic straws, unless requested by customers.

On September 24, 2019, City Council approved measures to ban the sale and distribution of polystyrene products with specific exceptions.

On October 5, 2021, Governor Newsom signed AB 1276, expanding upon the requirements of AB 1884. The new law, which went into effect on January 1, 2022, requires food facilities and contracted digital ordering platforms to only provide single-use food accessories and standard condiments upon request by the customer.

Item No.8A

Single-Use Foodware Accessories and Standard Condiments December 6, 2022

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7 DISCUSSION/ANALYSIS:

AB 1276 discourages food providers from distributing unwanted single-use foodware accessories such as forks, knives, spoons, sporks, chopsticks, and condiments without a specific request from the consumer. A food provider is permitted to ask a customer if they need such an item, or the customer may independently make a specific request. Under the new law, the bundling of single- use food accessories or condiments such that a customer is unable to select only the desired single-use food accessory or condiment is prohibited. The law also requires a food facility utilizing an online ordering system to list on its menu the availability of single-use foodware accessories and standard condiments and only provide to the customer those specific items selected.

Under the City’s current ordinance, plastic utensils and straws may be automatically distributed to customers ordering takeout food, but not to those eating food in-house. The proposed ordinance (Attachment #1) would add new restrictions on single-use utensils, including straws, that prohibit their distribution for both eat-in and takeout unless specifically requested by a customer. These new restrictions would also apply to other single-use foodware accessories such as condiment cups, chopsticks, stirrer sticks, and to individually packaged condiments. These revisions would be accomplished by repealing the existing municipal code sections relating to regulations of plastic utensils and straws (Thousand Oaks Municipal Code Sections 6-6.302 and 6-6.303) and recodifying the updated regulations in a new Chapter 7 to Title 6 of the Thousand Oaks Municipal Code that includes all the regulations required by AB 1276.

AB 1276 also requires the implementation of a particular notification and enforcement program. Specifically, AB 1276 requires that enforcement agencies issue a warning for the first and second violations of this law by a food provider.

Any subsequent violation is an infraction punishable by a fine of $25 for each day in violation, but not-to-exceed an annual total of $300.

City staff intends to follow adoption of the proposed ordinance with a robust outreach effort. The City will prepare and distribute letters to affected food services as determined by the City’s business license database, apprising them of the new ordinance and legal requirements. In addition, the letter will remind businesses of the City’s current polystyrene ban and the requirements for edible food recovery under California Senate Bill 1383.

Businesses should expect a positive fiscal impact due to the reduction of costs associated with distribution of unwanted goods. Additional staff training for employees and signage for customers is highly recommended.

Item No.8A

Single-Use Foodware Accessories and Standard Condiments December 6, 2022

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7 California Environmental Quality Act
The proposed ordinance is exempt from CEQA pursuant to State CEQA Guidelines Section 15061 (b)(3) on the grounds that it can be seen with certainty that the enhanced solid waste regulations, as provided for in the ordinance will not have a significant effect on the environment. Further, this proposed ordinance is exempt from CEQA pursuant to State CEQA Guidelines Section 15308 as implementation of the new requirements constitute actions by a regulatory agency (the City) to assure the maintenance, restoration, enhancement, or protection of the environment.

COUNCIL GOAL COMPLIANCE:

Meets City Council Goal F:

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: Philip Hirrel, Assistant Sustainability Analyst Attachment:

Attachment #1 – Ordinance of Single-Use Foodware Accessories and Standard Condiments Distribution
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ATTACHMENT #1
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ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF THOUSAND OAKS REPEALING SECTIONS
6-6.302 AND 6-6.303 OF THE THOUSAND OAKS
MUNICIPAL CODE AND ADDING CHAPTER 7 TO
TITLE 6 OF THE THOUSAND OAKS MUNICIPAL

CODE RESTRICTING THE USE AND DISTRIBUTION

OF SINGLE-USE FOODWARE ACCESSORIES AND

STANDARD CONDIMENTS
WHEREAS, plastics persist in the environment for hundreds of years, breaking down into ever smaller pieces through photo, physical, and biological degradation, and enter the food chain when ingested by animals that mistake them for food; and
WHEREAS, the City of Thousand Oaks has a long history of environmental stewardship, the implementation of sustainability practices, and planning for a sustainable future; and
WHEREAS, on October 27, 2020, Chapter 6 was added to Title 6 of the Thousand Oaks Municipal Code to provide for expanded prohibitions on the use and distribution of single-use materials that pollute the environment and ocean; and
WHEREAS, on October 5, 2021, Governor Newsom signed into law California State Assembly Bill (AB) 1276, which expands on existing law prohibiting restaurants from providing single-use plastic straws, unless requested by the consumer, by prohibiting food facilities from providing any single-use foodware accessory or standard condiment, as defined, to a consumer unless requested by the consumer; and
WHEREAS, single-use plastic and non-plastic foodware accessories, including straws, condiments, forks, spoons, sporks, and knives, create waste and environmental hazards and therefore should only be made available upon request in compliance with AB 1276; and
WHEREAS, AB 1276 requires every city, including the City of Thousand Oaks, to authorize an enforcement agency to enforce the provisions of AB 1276; and
WHEREAS, the City Council desires to adopt the provisions of AB 1276 and authorize the City’s enforcement officers to enforce the provisions of AB 1276.

Item No.8A

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

PART 1
Recitals
The above recitals are true and correct and incorporated herein by this reference as the findings of the City Council.

PART 2
Environmental Determination
The proposed ordinance is exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Further, the proposed Ordinance is exempt from CEQA on the separate and independent ground that it is an action of a regulatory agency (the City) for the protection of the environment because, among other things, it will regulate the distribution of single-use foodware and plastics from entering local landfill and waterways. Thus, this Ordinance is categorically exempt from the requirements of CEQA under Section 15308 of Title 14 of the California Code of Regulations as an action by a regulatory agency for the protection of the environment.

PART 3
Sections 6-6.302 “Distribution of plastic utensils” and 6-6.303 “Distribution of plastic beverage straws” of Chapter 6 of Title 6 of the Thousand Oaks Municipal Code are repealed and removed in their entirety.

PART 4
A new Chapter 7 “Single-Use Foodware Accessories and Condiments” is added to Title 6 of the Thousand Oaks Municipal Code to read as follows:

Section 6-7.101 Definitions
For the purposes of this Chapter, the following words and phrases used in this Chapter are defined as follows unless it is apparent from the context that a different meaning is intended:

A. “City” means the City of Thousand Oaks
B. “Consumer” has the same meaning as in Section 113757 of the Health and Safety Code.

Item No.8A

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C. “Food facility” has the same meaning as in Section 113789 of the Health and Safety Code.

D. “Ready-to-eat food” has the same meaning as in Section 113881 of the Health and Safety Code.

E. “Self-service dispenser or station” means any type of dispenser, container, shelf, or other location that is accessible to consumers of a food service provider at which consumers can independently access single-use foodware accessories and standard condiments.

F. “Single-use” means designed to be used once and then discarded, and not designed for repeated use and sanitizing.

G. “Single-use foodware accessories” means all of the following single-use items provided alongside prepared food: utensils, which is defined as forks, knives, spoons, and sporks; chopsticks; condiment cups and packets; straws; stirrers; splash sticks; cocktail sticks.

H. “Standard condiment” means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes.

I. “Third-party food delivery platform” has the same meaning as in Section 113930.5 of the Health and Safety Code.

Section 6-7.102 Disposable Foodware and Standard Condiments To Be Provided Upon Request by Consumer.

A. Except as provided in subdivisions C and D, a food facility, for on-premises dining or when using a third-party food delivery platform, shall not provide any single-use foodware accessory or standard condiment packaged for single use to a consumer unless the single-use foodware accessory or standard condiment is requested by the consumer.

B. Single-use foodware accessories and standard condiments packaged for single use provided by food facilities for use by consumers shall not be bundled or packaged in a manner that prohibits a consumer from taking only the type of single-use foodware accessory or standard condiment desired without also having to take a different type of single-use foodware accessory or standard condiment.

Item No.8A

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C. A food facility may ask a drive-through consumer if the consumer wants a single-use foodware accessory if the single-use foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food.

D. A third-party food delivery platform shall provide consumers with the option to request single-use foodware accessories or standard condiments from a food facility serving ready-to-eat food.

E. If a food facility uses any third-party delivery platform for ready-to-eat food, the food facility shall customize its menu with a list of available single-use foodware accessories and standard condiments, and only those single-use foodware accessories or standard condiments selected by the consumer shall be provided by the food facility. If a consumer does not select any single-use foodware accessories or standard condiments, no single-use foodware accessory or standard condiment shall be provided by the food facility for delivery of ready-to-eat food.

F. Nothing in this section shall prohibit a food facility from making unwrapped single-use foodware accessories available to a consumer using refillable self-service dispensers that dispense one item at a time to allow for single- use foodware accessories to be obtained.

G. A food facility is encouraged, but not required, to take actions in addition to the requirements of this section that support a goal of reducing the use of and waste generated by all single-use food service products.

Section 6-7.103 Exceptions
This chapter does not apply to any of the following:

A. Health care facilities licensed pursuant to Article 1 (commencing with Section 1250) of Chapter 2 of Division 2 of the Health and Safety Code or facilities that are owned or operated by a health care service plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code.

B. Residential care facilities licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code.

C. Public and private school cafeterias, as referenced in paragraph (1) of subdivision (b) of Section 113789 of the Health and Safety Code.

Section 6-7.104 Enforcement and Penalties
A. Any person violating the provisions of this Chapter shall be guilty of a violation of this Code pursuant to Chapter 2 of Title 1 of this Code and subject to the penalties of subdivision b.

Item No.8A

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B. The first and second violations of this Chapter shall result in a notice of violation, and any subsequent violation shall constitute an infraction punishable by a fine of twenty-five dollars for each day in violation, but not to exceed three hundred dollars annually.

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

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

PASSED AND ADOPTED this XX day of XXX, 2023, by the following vote:

Ayes:

Noes:

Absent:
________________________________
, Mayor
City of Thousand Oaks, California
ATTEST:
________________________________
Laura B. Maguire, City Clerk
Date Attested: ____________________
Item No.8A

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APPROVED AS TO FORM:

Office of the City Attorney
________________________________
Noel Doran, Assistant City Attorney
APPROVED AS TO ADMINISTRATION:
________________________________
Andrew P. Powers, City Manager
Introduced:

Published:

Ordinance No.:

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.8A

TO:City Council
FROM:Investment Review Committee
DATE:December 6, 2022
SUBJECT: City Investment Review Committee Annual Report RECOMMENDATION:

1. Receive and file report.

2. Find that this action is not a project as defined under the California Environmental Quality Act Guidelines.

FINANCIAL IMPACT:

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

BACKGROUND:

The City invests and manages approximately $340 million in its investment portfolios. These funds include operating funds, bond project and reserve funds, and funds of the former redevelopment agency. The portfolios are invested in accordance with State Law and the City’s Investment Policy.

In 1997, City Council created a five-member advisory committee to periodically monitor the City Treasurer’s compliance with the Investment Policy. The City Investment Review Committee’s (Committee) policies and procedures are set forth in Resolution 2017-021. The establishment of the Committee is a practical way to provide oversight and to ensure the Treasurer invests in a prudent and responsible manner.

The five Committee members must be residents of the City with applicable work experience, training, and background in finance and investments. The current members are:

Item No.11A

City Investment Review Committee Annual Report
December 6, 2022

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8 Original
Appointment
Current 2-Year
Term Expiration
Davin Carey 2021 2023
Anthony Gonzales 2021 2023
Jim Hoagland 2014 2022
John Short 2007 2023
Cody Sorenson 2020 2022
The functions and duties of the Committee are:

1. Periodically monitor the City Treasurer’s compliance with the Investment Policy and its reporting provisions.

2. Provide a written statement of its findings to City Council on a quarterly basis.

3. Submit an annual report to City Council summarizing the work of the Committee and any recommendations for modification to the Investment Policy.

DISCUSSION/ANALYSIS:

The Committee last presented its annual report to City Council on November 16, 2021. The Committee held regularly scheduled meetings in February, May, August, and November of 2022. Written reports of the Committee’s findings, as well as meeting agendas and notes, were sent to City Council each quarter. The Committee finds that the investment portfolio is a mix of low-risk investments in compliance with the Investment Policy.

The terms of members Hoagland and Sorenson end on December 31, 2022. A 30- day application filing period for the two vacancies was opened on August 30, 2022 and closed on September 29, 2022. Four applications were received. After eight years of service, member Hoagland decided not to reapply. Staff and the Committee thank member Hoagland for his many years of service. City Council appointments will be made at the December 6, 2022, City Council meeting.

During the year, the Committee provided guidance on investment options in the current market environment. After dropping the federal funds policy rate to near zero in 2020, the Federal Reserve began increasing the target rate in 2022 to ease inflation. As of November 2022, the Federal Reserve target rate is 3.75 to 4.00 percent with additional increases expected. This outlook can change over time depending on the level of inflation, economic activity, and employment. The following table demonstrates the change in rates year over year:

Item No.11A

City Investment Review Committee Annual Report
December 6, 2022

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8 Sep 2022 Sep 2021
City Portfolio 1.36% 0.90%
Local Agency Investment Fund 1.51% 0.21%
2 Year Treasury Note 4.28% 0.28%
5 Year Treasury Note 4.09% 0.96%
Over the last year, the portfolio yield increased by 46 basis points to 1.36 percent from 0.90 percent. The book value of the City’s operating portfolio for the quarter ending September 30, 2022, was $330.7 million, approximately $16.4 million more than the $314.3 million balance in the previous September. The increase in portfolio balance was due in part to the receipt of $7.0 million in federal funding from the American Rescue Plan Act.

The Committee reviews the City’s Investment Policy annually and recommends changes to City Council. This year, the Committee proposes limiting forward settlements to 45 days and reducing the maximum percentage of the portfolio allowed to be invested in Bankers Acceptances (BAs).

Currently, Government Code has no limitations on forward settlements. Senate Bill 1489, the Local Government Omnibus Act of 2022, placed a 45-day limit on forward settlements. City purchases typically settle well within 45 days and the limitation is not expected to adversely impact the City.

The Committee also evaluated BAs and the maximum the City may invest in this investment type. Government Code limits the amount an agency may invest in BAs to 40 percent of the portfolio, with no more than 30 percent of the BAs from a single bank. Similarly, the City’s investment policy has a 40 percent maximum but places a more restrictive five percent limit on the BAs of a single bank. The maximum term permitted is 180 days.

Since BAs are similar to commercial paper with the added guarantee of a bank, the Committee feels it makes sense that the maximum investment allowed in BAs would be similar to the 25 percent allowed for commercial paper. This limit would encourage diversification of investment types in the portfolio. The City rarely uses this investment type and the reduction should not negatively impact the City’s investment practices.

The Committee recommendations will be incorporated into the revised Investment Policy staff presents to City Council for consideration in January 2023.

Item No.11A

City Investment Review Committee Annual Report
December 6, 2022

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8 COUNCIL GOAL COMPLIANCE:

Meets the following City Council goal:

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

PREPARED BY: John Short, Investment Review Committee Chair Jane Adelmann, Debt and Investment Analyst
FIN:115-01\ja\H:\COMMON\Council\2022\Administration\120622 IRC Annual Report - Staff Rpt.docx Item No.11A

TO:City Council
FROM:Community Funding Review Committee
DATE:December 6, 2022
SUBJECT: Fiscal Year 2022-23 Community Sports Grant
Recommendations
RECOMMENDATION:

1. Approve award of Community Sports Grants totaling $73,776.47.

2. Authorize the City Manager or designee to execute Community Sports Grants agreements with grantees.

3. Authorize expenditure in the amount of $73,776.47 from A/C #001-1120- 611-5920 (SF2023, Grants and Donations) for Community Sports Grants.

4. Find that this action is exempt under Section 15061(b)(3) of the California Environmental Quality Act Guidelines.

FINANCIAL IMPACT:

No Additional Funding Requested. Minimal administrative staff costs associated with executing contracts and compliance monitoring is included in the $100,000 grants and donations (SF2023) budget in the Adopted FY 2022-23 General Fund Budget.

BACKGROUND:

The Community Sports Grant (CSG) provides financial support for capital projects or equipment purchases that benefit sports or fitness related teams/groups within City limits. During the City’s Fiscal Years (FY) 2021-2023 budget process, City Council renewed its support to the program by appropriating $100,000 annually to be used for CSG.

Since 1998, the CSG has funded several projects including: Conejo Flag Football utility vehicle, Equestrian Trails, Inc., Corral 37 safety equipment, Ride On barn Item No.11B

FY 2022-23 Community Sports Grant Recommendations
December 6, 2022

4 4
3 renovation for disabled access, Newbury Park Baseball Boosters turf replacement, Thousand Oaks High School stadium sound system, and Westlake High School basketball rims and backboards.

The CSG provides grantees a maximum yearly grant award of $10,000 and a minimum of $2,000. Grant applicants must demonstrate that the requested grant funds will be matched through other sources.

CSG grant applications for FY 2022-23 were accepted from September 12, 2022, through October 13, 2022. Public outreach for the grant program took place in September and October and included news postings on the City’s website and social media channels. A grant workshop was held on September 8, 2022, for interested grant applicants and the workshop recording was made available on the City’s website. In addition, emails were sent to previous sports grant applicants and recipients, school principals, all athletic directors and booster clubs within the Conejo Valley Unified School District, and a press release was sent to local media outlets. Complete program information can be found on the dedicated City Manager’s Office Grant Opportunities webpage (www.toaks.org/grants) on the City website.

A history of the CSG (previously called the Sports Facilities Endowment Fund Grant and changed by City Council at the September 14, 2021 City Council meeting) awards for the past five years is attached for City Council reference (Attachment #1).

DISCUSSION/ANALYSIS:

There were 15 CSG applications received this year. Staff conducted an initial review to confirm the applications met minimum qualifications. Two applications were rejected for non-compliance with program requirements. One applicant failed to submit before the deadline and one incomplete application requested funds for a sports team from a different city. The 13 CSG applications that met minimum qualifications requested a total grant amount of $80,476.47 The Community Funding Review Committee (CFRC) members separately reviewed each qualified application and scored each one based on several grant- specific criteria, including the organization’s mission and background, program goals and objectives, and benefit to City residents.

Allocation Scoring Method
In May 2019, the CFRC approved an allocation method based on collated points scored on the application as shown in Table 1.

Item No.11B

FY 2022-23 Community Sports Grant Recommendations
December 6, 2022

4 4
3 On November 9, 2022, the CFRC met to discuss the scores of the applications.

Collating the committee members’ scores and using the approved allocation method revealed that ten programs were eligible for full funding and three programs for 75 percent funding, for a total of $73,776.47.

The CFRC unanimously (9-0) recommends awarding grants in the amount of $73,776.47 to 13 programs. (Attachment #2).

Next Steps
Upon City Council approval, CSG grantees will enter into agreements with the City for a one-year period effective December 6, 2022. The agreement reserves the right to request reimbursement of all or part of the funds if the funds are not provided for the program as described in the contract. Grantees will receive payment upfront and will be required to submit a Final Performance Report.

CEQA Analysis
This activity is exempt under California Code of Regulations Title 14, section 15061(b)(3), in that the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

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.

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

PREPARED BY: Clyde Doheney, CFRC Chair
Sarah Mailes, Community Services Analyst
Table 1: CFRC Original Allocation Method
85 – 100 points scored 100% of requested amount
70 – 84 points scored 75% of requested amount
55 – 69 points scored 50% of requested amount
54 or below points scored No funding
Item No.11B

FY 2022-23 Community Sports Grant Recommendations
December 6, 2022

4 4
3 Attachments:

Attachment #1 – Community Sports Grant Award Five-Year History Attachment #2 – FY 2022-23 Community Sports Grant Award Recommendations
CMO: 483-10/H:Common/City Council/Council Items/ 2022/120622/120622 Community Sports Grant CFRC Recommendations Staff Report.docx
Item No.11B

Award History
Community Sports Grant Awards (Previously Sports Facilities Grant) FY 2017-18
# Organization Request Award Project Description
1 La Reina High
School and Middle
School
$9,300.00 $9,300.00 Tennis court resurfacing
2 Newbury Park
High School Baseball
Boosters
$4,750.00 $4,750.00 Additions to the hitting tunnel to
accommodate batters and pitchers
3 Newbury Park
High School Wrestling
Team
$6,318.20 $6,318.20 Purchase permanent wrestling mats
4 Ride On
Therapeutic
Horsemanship
$25,000.00 $25,000.00 Build and install a permanent
handicapped accessible ramp
5 Southeast Ventura
YMCA $12,500.00 $12,500.00 Parking lot improvements at Conejo Valley YMCA facility
6 Thousand Oaks
High School Football
Boosters
$14,750.00 $14,750.00 Resurface lineman practice area
TOTAL: 72,618.00 72,618.00
FY 2018-19
# Organization Request Award Project Description
1 Conejo Valley Flag
Football
$1,200.00 $1,200.00 Gas-powered utility vehicle for field setup, takedown, and maintenance
2 Conejo Valley Little
League
$15,897.50 $15,897.50 Multi-use baseball area turf installation - Alex Fiore Fields
3 Thousand Oaks
High School Athletic
Department
$21,721.35 $21,721.35 Video Board for gymnasium
4 Thousand Oaks
High School Boys
Soccer
$3,545.00 $3,545.00 Purchase of two regulation-size goals with wheels
5 Thousand Oaks
High School
Football Boosters
$4,445.00 $4,445.00 Refurbish and paint weight room at TOHS
6 Thousand Oaks High
School Track and
Field
$6,750.00 $6,750.00 Purchase of pole vault pit
ATTACHMENT #1
Item No.11B

7 Thousand Oaks High
School Wrestling $900.00 $900 .00 Purchase of Weight Certification Wand and 80 beaded jump ropes
8 Westlake High
School Baseball
Booster
$1,500.00 $1,500.00
Installation of custom padded cover
for backstop and portable sink for
handwashing
TOTAL: $55,958.85 $55,958.85
FY 2019-20
# Organization Request Award Project Description
1 Conejo Youth Flag
Football Association $5,000.00 $5,000.00 Utility Vehicle Purchase 2 Equestrian Trails, Inc.

Corral 37/CRPD $3,426.37 $3,426.37 Update/replace Equestrian 3 Newbury Park High
School Baseball
Boosters
$9,000.00 $6,750.00 Turf Replacement
4 Newbury Park High
School Basketball
Boosters
$4,640.00 $3,480.00 Purchase of rebound Machines
5 Newbury Park High
School Football
Boosters $2,872.00 $2,872.00
Grill Update
6 Newbury Park High
School Softball
Boosters $3,000.00 $2,250.00
Softball Equipment Purchase
7 Newbury Park High
School Track and
Field Boosters $3,850.00 $2,887.50
Track and Field Equipment
purchase
8 Ride On Therapeutic
Horsemanship $10,000.00 $10,000.00 Barn Renovation
9 Thousand Oaks High
School ASB $4,345.46 $4,345.46 Stadium sound system
10 Thousand Oaks High
School Football
Boosters $2,219.05 $2,219.05
Football equipment upgrade
11 Thousand Oaks High
School Golf $6,400.00 $4,800.00 Indoor Golf Equipment
12 Westlake High School
Basketball Boosters $5,007.50 $5,007.50 Purchase Rims/Backboards 13 Westlake High School
Lacrosse Boosters $10,000.00 $10,000.00 Uniform/helmet loan program Item No.11B

14 Westlake High School
Soccer
Boosters
$6,853.00 $6,853.00 Player Uniform purchase
15 Westlake High School
Tennis Boosters $10,000.00 $10,000.00 Court Resurfacing 16 Conejo Valley YMCA $10,000.00 $10,000.00 Lavatory renovation at Field TOTAL: $96,613.38 $89,890.88
FY 2020-21
No Community Sports Grants Awarded due to COVID-19 Pandemic.

FY 2021-22
# Organization Request Award Project Description
1 Newbury Park High
School Tennis
Boosters
$10,000.00 $10,000.00 Resurfacing Tennis Courts
2 Newbury Park High
School Baseball
Boosters
$7,450.00 $7,450.00 Field Resurfacing
3 Newbury Park High
School Wrestling Team $7,187.66 $7,187.66 Wrestling Equipment Replacement 4 NP Newbury Park High
School Track & Field $10,000.00 $10,000.00 Track & Field Equipment 5 Newbury Park High
School Boys Volleyball $2,658.83 $2,658.83 Volleyball Equipment upgrade 6 Equestrian Trails, Inc.

Corral 37 $2,000.00 $2,000.00 Equipment Upgrade
7 Ride On Therapeutic
Horsemanship $10,000.00 $10,000.00 Tractor
8 Rancho Potrero Trail
Riders $10,000.00 $10,000.00 Horse Trailer
9 Thousand Oaks High
School Golf $5,000.00 $5,000.00 Indoor Golf Equipment
10 Thousand Oaks High
School Track & Field
Boosters
$5,224.50 $5,224.50 Track Equipment Replacement
Item No.11B

11 Westlake High School
Football Boosters $5,000.00 $5,000.00 Football Equipment Upgrades 12 Westlake High School
Baseball Boosters $10,000.00 $10,000.00 Netting/Fencing Replacement TOTAL $84,520.99 $84,520.99
CMO: 483-10/H:Common/City Council/Council Items/ 2022/120622/ Attachment #1 – Community Sports Grant Award Five-Year History Item No.11B

CMO: 483-10/H:Common/City Council/Council Items/ 2022/120622/ Attachment #2 – 2022-23 Community Sports Grant Award Recommendations
FY 2022-23 Community Sports Grant Award Recommendations # Organization Request Award Project Description
1 Newbury Park High
School $10,000.00 $7,500.00
Purchase fans, permits and electrical
install fan in Girls Activity Room and
Weight Room
2 Newbury Park High
School Softball
Boosters
$6,000.00 $6,000.00 Softball field equipment storage
3 Newbury Park High
School Track & Field
Boosters
$3,659.50 $3,659.50 Track & field equipment and training supplies
4 Newbury Park High
School Cross Country
Boosters
$3,000.00 $3,000.00 Athletic, recovery, and storage
equipment procurement
5 Thousand Oaks High
School Track & Field
Boosters
$2,016.97 $2,016.97 High jump and pole vault equipment
6 Westlake High School
Baseball Boosters $10,000.00 $7,500.00 Batting cage refurbishment 7 Westlake High School
Boys Volleyball
Boosters
$2,500.00 $2,500.00
Volleyball serving machine and ball
carts for practice and game
warmups
8 Westlake High School
Girls Basketball
Boosters
$2,000.00 $2,000.00 Veo Cam and installation
9 Thousand Oaks Titans
Cricket Club $6,800.00 $5,100.00 Build an artificial turf cricket pitch at Peppertree Playfields
10 Tiger Track Team, Inc. $4,500.00 $4,500.00 Provie for running meets at Peppertree Park
11 Ride On LA $10,000.00 $10,000.00 Office trailer renovation 12 Rancho Potrero Trail
Rides, LLC $10,000.00 $10,000.00
Build three horse shelters for horses
that provide public trail rides at
Rancho Potrero
13 Boys & Girls Clubs of
Greater Conejo Valley $10,000.00 $10,000.00 Upgrade and replace sports equipment
TOTAL $80,476.47 $73,776.47
ATTACHMENT #2
Item No.11B

TO:City Council
FROM:Bob Engler, Mayor
Claudia Bill-de la Peña, Councilmember
DATE:December 6, 2022
SUBJECT: Ad Hoc Homelessness Committee Navigation Center/ Emergency Shelter Update
RECOMMENDATION:

1. Approve the selection of DignityMoves (DM) (San Francisco, CA), Hope of the Valley Rescue Mission (HOTV) (Mission Hills, CA), and Many Mansions (MM) (Thousand Oaks, CA) to develop, lease, and operate a Navigation Center at 1205 Lawrence Drive and authorize the City Manager to initiate the preparation of an Exclusive Negotiating Agreement between the City of Thousand Oaks and DM/HOTV/MM.

2.Find that this action is not a project as defined under the California Environmental Quality Act Guidelines.

FINANCIAL IMPACT:

No Additional Funding Requested. Minimal staff time in preparation of this report is included in the Adopted FY 2022-23 General Fund Budget.  The Adopted FY 2021-23 CIP Budget includes $16.2 million in funding to address homelessness and affordable housing efforts (MI 2633).  To date, $10.0 million was spent on the purchase of 384 N. Erbes Road for a future affordable housing development and $1.8 million was allocated towards the rehabilitation of the Quality Inn & Suites into permanent supportive housing for a total of $11.8 million. Estimated project costs for the Navigation Center at 1205 Lawrence Drive total $3.9 million for design and construction and $0.8 million annually for operations. The City has requested financial support from the County of Ventura for both construction and operations. Staff will return to City Council for a formal expenditure authorization request.

BACKGROUND:

In 2021, City Council adopted a priority to identify and advance solutions for emergency sheltering and permanent supportive housing. In pursuit of this priority, City Council previously authorized staff to work with two different Item No.13A

Ad Hoc Homelessness Committee Navigation Center/Emergency Shelter Update December 6, 2022

4 5
9 developer/operator teams to prepare for the second round of California’s Project Homekey program. Ultimately, the City, developer Shangri-La Industries, and operator Step Up on Second, successfully received a $26.7 million dollar grant from the state to convert the former Quality Inn and Suites to permanent supportive housing.

The second development team, Many Mansions (and partners) were selected to identify another property that would co-locate permanent supportive housing with an emergency shelter component. Many Mansions’ efforts to identify a feasible existing building suitable for conversion into a permanent supportive housing/emergency shelter faced significant challenges including limited available real estate options and unique location preferences. At its June 14, 2022 meeting, City Council reaffirmed its intention to continue working with Many Mansions “to identify additional homeless housing” as one of its top priorities. However, after additional discussions, Many Mansions, the Ad Hoc Homelessness Committee (Committee), made up of Mayor Engler and Councilmember Bill-de la Peña, and City staff mutually agreed that the City should begin exploring other options to identify and site an emergency shelter to meet the needs of its unhoused residents.

An interdepartmental team of City staff examined numerous options to site a shelter based on a wide range of factors, including financial investment required, estimated timeline to completion, location, ownership, and other short-term and long-term benefits and trade-offs to the City, its residents, and businesses.

Due to limited availability of existing buildings suitable for conversion into a navigation center and high real estate costs, the Committee asked staff to broaden the scope of its research to include other options. The modular home village model emerged as a financially-prudent, dignified, and flexible alternative to the existing building acquisition and conversion approach.  Modular homes require less financial commitment on a per square foot basis and the timeline from start to completion is much shorter than tenant improvements or traditional new construction.

After much discussion, the Committee recommended the City-owned parcel at 1205 Lawrence Drive to serve as the initial location for the City’s navigation center.

The site will support 30 modular homes, administration office and onsite clinic units, laundry and shower facilities, furnishings, storage, and other necessary equipment.

The proposed service-enriched emergency shelter (more accurately described as a “navigation center”) will not be a drop-in shelter.  Instead, persons experiencing homelessness will be selected on a referral basis from local service providers, various County agencies, and/or by law enforcement.  Establishment of a Item No.13A

Ad Hoc Homelessness Committee Navigation Center/Emergency Shelter Update December 6, 2022

4 5
9 navigation center within Thousand Oaks will serve the City in three important ways.

First, the center will provide immediate interim housing for residents experiencing homelessness. Second, its onsite support and housing navigation services will assist each person in either preparing to return to stable traditional housing or transitioning into permanent supportive housing based on their unique individual circumstances and needs. Third, it will enhance the City’s enforcement capabilities to preserve public safety and environmental quality.

On September 27, 2022, City Council authorized staff to issue a Request for Proposals/Qualifications (RFP/Q) for the construction and operation of a navigation center (emergency shelter) at 1205 Lawrence Drive; adopted resolution 2022-049 declaring the Lawrence Drive property as Exempt Surplus Land pursuant to the Surplus Lands Act; and authorized the Mayor to sign a letter to County of Ventura requesting financial assistance to support the associated capital and operating costs.

DISCUSSION/ANALYSIS:

City staff issued an RFP/Q on October 7, 2022, and received responses from the following four development teams:

RPM Team, LLC. Salinas, CA
Ardebili Engineering, LLC. Scottsdale, AZ

1. JT2 Engineering and Construction San Diego, CA
Azure Printed Homes Inc. Culver City, CA 2.

Kingdom Causes dba CityNet Long Beach, CA
Kingdom Causes dba CityNet Long Beach, CA
Cal Coastal Communities Atascadero, CA

3. Pallet Shelter Everett, WA
Dignity Moves San Francisco, CA
Hope of the Valley Rescue Mission Mission Hills, CA

4. Many Mansions Thousand Oaks, CA

The predefined criteria in the RFP/Q were used to evaluate each proposal and respective development team. The criteria included the following:
•Overall quality and completeness of the proposal;
•Demonstrated understanding of the scope of work and the proposed approach to accomplish the scope;
•Development team qualifications and experience;
•Operator qualifications and experience;
•Financial capacity and cost effectiveness.

Item No.13A

Ad Hoc Homelessness Committee Navigation Center/Emergency Shelter Update December 6, 2022

4 5
9 The proposal evaluation committee (comprised of representatives from the City Manager's Office, City Attorney’s Office, Finance Department, Community Development Department, and the County of Ventura Executive Office), reviewed each proposal for content, qualifications, and quality. The DM/HOTV/MM team and RPM team were the most qualified teams based on the criteria in the RFP/Q and were selected to move forward in the interview process. Following the interviews, the committee continued its due diligence by way of requesting and reviewing responses to detailed follow-up questions, as well as checking references.

The proposal evaluation committee concluded that DM/HOTV/MM was the most experienced and qualified to successfully and effectively complete the scope of work detailed in the RFP/Q within a timely and cost-effective manner, while also being highly responsive to the target population’s needs, as well as the broader community’s interests. A summary of key highlights associated with the development team and proposal is presented below.

Development and Partner Experience
DignityMoves, a 501(c)(3) nonprofit organization, has over 150 years of combined experience in finance, technology, nonprofit fundraising, and construction development. DignityMoves’ experience includes board of director and executive level management of interim housing projects, large-scale residential housing, mixed-use development, and human services related explicitly to homelessness, street-based outreach, street medicine, encampment resolution, interim housing development, shelter operations, mental health, and substance abuse treatment services. Since 2021, DignityMoves has developed three interim housing projects comprised of 165 units serving 225 chronically homeless individuals and has 141 units in the planning approval process.

Hope of the Valley Rescue Mission is an independent 501(c)(3) faith-based nonprofit organization. HOTV has extensive experience operating tiny home villages, and through its partnership with the City of Los Angeles, operates the first tiny home village ever built in Los Angeles County, which is also the largest tiny home village in the country. With nearly 900 beds in the tiny home villages, Hope of the Valley Rescue Mission continuously works towards operationalizing an innovative, effective program model.

Many Mansions has served the City of Thousand Oaks since 1979. As a 501(c)(3) affordable housing nonprofit, Many Mansions is Thousand Oaks’ and Ventura County’s leading developer and operator of permanent supportive housing. Over 1,400 residents live at one of 18 affordable housing communities developed and managed by Many Mansions.

Item No.13A

Ad Hoc Homelessness Committee Navigation Center/Emergency Shelter Update December 6, 2022

4 5
9 DignityMoves will serve as the developer, Hope of the Valley Rescue Mission will serve as the operator, and Many Mansions will serve as the consultant/leaseholder for the navigation center. Collectively, they demonstrated expertise and experience designing, constructing, and operating interim housing and the capacity to successfully complete the project in a timely manner.

Future Funding Considerations
DM/HOTV/MM proposed base design and construction costs total $3.7 million, with an additional $0.2 million in optional add-ons/upgrades and $1.4 million should the City choose to expand the site at a later date to 50 units. Proposed annual operating costs total $0.8 million for 30 units and $1.0 million for 50 units. The City has requested funding support from the County for both construction and annual operations. The County has previously committed to providing 50 percent of annual operating costs to cities for shelters, which would reduce the City’s annual ongoing costs to $0.4 million. Staff will return to City Council at a later date with specific expenditure authority.

Ad Hoc Homelessness Committee
On November 21, 2022, the Committee convened and was presented information regarding the responses to the navigation center RFP/Q. They concurred that DM/HOTV/MM was the most qualified and experienced proposer, and that the City should select this team to develop, lease, and operate a navigation center.

Community Engagement
Since the September 27, 2022 City Council meeting, staff has participated in various community engagement efforts to further engage and educate the community on the proposed navigation center. These efforts included:
•Recording a podcast on the City’s efforts to address homelessness with the Acorn Newspapers;
•Attending the Rancho Conejo Homeowner Association Meeting and answering questions from the residents;
•Hosting a community webinar “Addressing the Needs of the Unhoused in Thousand Oaks” with a panel of industry experts;
•Presenting to the Council on Aging (Youth Commission presentation scheduled for December 7, 2022);
•Social media engagement on Twitter, Facebook, and Instagram; •Meeting with a broker representing several businesses and a property owner of several properties in the Rancho Conejo industrial area.

Exclusive Negotiating Agreement
In addition to the selection of DM/HOTV/MM as the developer and operator for interim housing, it is recommended that City Council authorize the City Manager to initiate the preparation of an Exclusive Negotiating Agreement (ENA) between Item No.13A

Ad Hoc Homelessness Committee Navigation Center/Emergency Shelter Update December 6, 2022

4 5
9 the City and DM/HOTV/MM. The ENA will establish a negotiating period, outline the timeline for the negotiations, and detail the rights and obligations of the parties.

During the exclusive negotiating period, the parties will complete their due diligence, refine the project, and negotiate an agreement for the transfer of the property and the ultimate development of the project. Preparation and negotiation of the ENA will commence following City Council authorization and would likely return to City Council for consideration/adoption in early 2023.

Summary
In recent years, the City, like many other communities in California, has experienced an upward trend in the number of unhoused residents and those at- risk of homelessness. Furthermore, public safety and environmental quality concerns relating to homeless encampments have increased in recent years.

Selection of DM/HOTV/MM to develop, lease, and operate a navigation center will help fill a critical missing gap in the City’s ability to respond to homelessness.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

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

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

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: Ingrid Hardy, Assistant City Manager
CMO:120-40\H:COMMON\Council Items\2022 Staff Reports\12 06 22\120622 Ad Hoc Homelessness Committee Update Staff Report.docx
Item No.13A

TO:City Council
FROM:Bob Engler, Mayor
DATE:December 6, 2022
SUBJECT: Update on League of California Cities Channel Counties Division Meeting on October 28, 2022
RECOMMENDATION:

Receive report and find that receiving the update is not a “project” under the California Environmental Quality Act.

FINANCIAL IMPACT:

No Additional Funding Requested. Direct and indirect costs for participation in meetings are included in the Adopted FY 2022-23 General Fund Budget.

BACKGROUND:

The League of California Cities (Cal Cities) is an association of California city officials who work together to enhance their knowledge and skills, exchange information, and combine resources so they may influence policy decisions that affect cities.

Founded in 1898 on the principles of local control and interagency cooperation, the League has grown from a handful of public officials to include the voluntary membership of 479 California cities. Today, Cal Cities and its member cities are working hard to strengthen the effectiveness of their advocacy efforts.  Cal Cities’ mission statement reflects this commitment to "restore and protect local control for cities through education and advocacy to enhance the quality of life for all Californians."
DISCUSSION/ANALYSIS:

The League of California Cities coordinates quarterly Channel Counties Division meetings to bring together local officials from San Luis Obispo, Santa Barbara, and Ventura Counties. At the meetings, members discuss regional issues and coordinate legislative efforts. The recent Channel Counties Division meeting was held October 28, 2022, at the La Bellasera Hotel in Paso Robles. Mayor Bob Engler and Legislative Affairs Manager Mina Layba attended the meeting.

Item No.13B

Cal Cities Channel Counties Division Meeting
December 6, 2022

4 3
6 A. Welcome: City of Paso Robles Mayor and Division Chair Steven W. Martin welcomed everyone to the meeting. The Mayor introduced his City Council colleagues and staff and conducted roll call of cities in attendance.

B. Channel Counties Division Elections for 2023: The Division will forestall their board elections until after the general election in November 2022.

C. Division Updates:
a.State League Director Update: Channel Counties Board Representative, David Pollock, City Councilmember from the City of Moorpark, provided an update on the Cal Cities Annual Conference held in Long Beach in September 2022. Several new board members were elected, including new Chairman Ali Taj, City Councilmember from the City of Norwalk. Other board members included Vice Chair, Dan Parra, from the City of Fowler, Second Vice President, Lisa Middleton, from the City of Palm Springs, and outgoing Chair, Cindy Silva, from the City of Walnut Creek will continue as Immediate Past President. Two cities from the division were honored with Helen Putnam awards: Pismo Beach under the category of Public Works and Buellton for Economic Development. b.Cal Cities Update: Channel Counties Division Public Affairs Manager Dave Mullinax announced that the Board Chair will be making appointments for the 2023 Policy Committees. Appointments will be announced in November 2022. The State Capitol is under a multi-year renovation and legislators have relocated to different buildings around the Capitol. Cal Cities will shift gears by holding more meetings when members are “in district.” The November 2022 election will result in at least 35 new legislators as result of term limits. A 2024 ballot initiative was introduced which would impact local funding for essential services if passed by voters. Cal Cities is studying the measure and will hold a webinar on its impacts to cities.

D. Keynote Speaker: California State Treasurer Fiona Ma addressed the Division. She shared her experience as a former San Francisco Supervisor, Assemblymember, and Boardmember of the State Board of Equalization.

As State Treasurer, her office is committed in providing resources and education to support the needs of businesses, seniors, and families. She has hosted over 300 webinars and produces a monthly newsletter. Her office is responsible for economic development and issuance of bonds, which are vital to local infrastructure projects. During COVID-19, she was instrumental in providing support for restaurant revitalization and the Paycheck Protection Program (PPP). Her office is dedicated to the needs of agriculture, manufacturing, and innovation industries.

Item No.13B

Cal Cities Channel Counties Division Meeting
December 6, 2022

4 3
6 The State has had another historic surplus. Within the next weeks taxpayers will be receiving a one-time tax rebate between $200-$1,050 based on income. The State will be introducing a first-time homebuyers program with down payment assistance. The State also launched CalKIDS program dedicated to helping children save for college. Children born after July 1, 2022, will automatically receive a $25 seed deposit into their CalKIDS account. She announced her interest to support cities and is willing to attend meetings and address organizations.

E. Soapbox Statements for Division Members:
•Cities of Thousand Oaks and Goleta both shared Project Homekey awards from the State, which will support homeless housing. •Cities of Arroyo Grande and Pismo Beach shared partnership in a water reuse project.
•City of Buellton announced the creation of a new river trail project. •City of Santa Maria shared that their public buses are on track for full electrification in two years.
•City of Atascadero reviewed new downtown enhancements. •City of Morro Bay shared that their Water Resources Facility is almost complete.
•City of Paso Robles announced that they have completed a new fire station and police station.
•City of Moorpark shared the launch of a new shuttle concept that operates like a taxi and picks up passengers at specific locations and times by appointment.

F. Announcements/Upcoming Events: The next Channel Counties Division meeting will be held in Spring 2023 and hosted by the City of San Luis Obispo. The date and venue are yet to be determined. The Cities of Santa Paula and Santa Barbara will also be hosting division meetings in 2023.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goal:

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

PREPARED BY: Mina Layba, Legislative Affairs Manager
CMO:150-20\KM\H:Common\Council Items\2022\120622\120622 Channel Counties Meeting Staff Report Item No.13B

TO:City Council
FROM:Bob Engler, Mayor
Ed Jones, Mayor Pro Tem
DATE:December 6, 2022
SUBJECT: 2022 National League of Cities City Summit Conference RECOMMENDATION:

Receive report and find that receiving said report is not a “project” as defined by the California Environmental Quality Act Guidelines.

FINANCIAL IMPACT:

No Additional Funding Requested. Direct and indirect costs are included in Adopted FY 2022-23 General Fund Budget.

BACKGROUND:

The National League of Cities (NLC) is the oldest and largest national organization representing municipal governments throughout the United States. Its mission is to strengthen and promote cities as centers of opportunity, leadership, and governance. Working in partnership with the 49 State municipal leagues, the National League of Cities serves as a resource to, and an advocate for, the more than 18,000 cities, villages, and towns it represents.

DISCUSSION/ANALYSIS:

The NLC Annual City Summit Conference was held November 16-19, 2022, at the Kansas City Convention Center in Kansas City, MO. City officials gather annually for policy committee meetings and workshops to learn about current practices and programs for America’s cities and towns. At the Annual Business Meeting, policy committees present resolutions for adoption by member cities which serve as the NLC program platform and elect new officers. Mayor Engler, Mayor Pro Tem Jones, and Legislative Affairs Manager Layba attended this year’s conference.

Item No.13C

2022 NLC City Summit Conference
December 6, 2022

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0 A. Policy Committee Meetings
Mayor Engler serves on the NLC Public Safety Crime Prevention Federal Advocacy Committee (PSCP). PSCP held their meeting on November 16, 2022, before the start of the conference. The meeting convened as follows:

1. Partner Presentation - Peregrine Technologies: The speaker shared their law enforcement online platform that equips patrol services with “real time” information and data to optimize public safety response, investigation, and operations with the convenience of a mobile application used on a cellphone.

2. 2023 Policy Resolutions: Committee reviewed and approved changes to resolutions that will be adopted at the Annual Business Meeting:
•In support of legislation to reauthorize the National Flood Insurance Program (NFIP) and to ensure property owners are able to afford insurance for other natural disasters, such as wildland fires and earthquakes;
•In support of federal efforts to ensure state and local governments have the authority to regulate the manufacturing, distribution, and sale of medical and adult-use cannabis;
•In support of federal efforts to prevent and treat first responder post- traumatic stress disorder (PTSD);
•On the use of force by municipal law enforcement officers; •In support of federal efforts to recruit and retain a diverse public safety workforce.

3. NLC Sustainability Program: Program Director Peyton Jones gave an update on current programming including SolSmart Technical Assistance for solar energy. This program works with 20 cities a year. A new “Well Building” standard on land use and green buildings is being developed. A membership survey will be sent out to study environmental and financial sustainability. Additionally, the Sustainability Department will hold office hours as a pilot program to answer questions about sustainability issues.

Dates for the office hours will be announced.

4. Federal Advocacy Update: PSCP Legislative Director Yucel Ors provided an update. Congress returns for “Lame Duck” session which is a month and a half after the elections and before the start of the new legislative cycle.

NLC is working on an American Rescue Plan Act (ARPA) Flex to help cities use ARPA funds as a required match. They are also working on the National Defense Authorization Act (NDAA). Water Resources and Development Act will be included in NDAA. Other areas that may be Item No.13C

2022 NLC City Summit Conference
December 6, 2022

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0 included in the NDAA are broadband deployment and permitting reform. FY 2023 Appropriations still awaiting approval.

5. NLC 2023 Public Safety Priorities: Committee brainstormed on potential topics for study next year:
•Mental health specialists dispatch;
•Training for mental health screening for first responders; •Wildland fire fuel reduction;
•Medicare reimbursement for ambulance transport;
•Workforce training and staffing solutions for first responders; •Workforce housing for first responders.

6. Next PSCP Meeting will be held at the NLC Congressional Cities Conference in Washington D.C. in March 2023.

B. Conference Program

1. Speakers:

NLC’s conference featured several keynote speakers during the General Sessions.
•President of NLC/Mayor of Union City, GA Vince Williams, Incoming President/Mayor of Tacoma, WA Victoria Woodards, and Mayor of Kansas City, MO Quintin Lucas, provided welcoming remarks. •John Stankey, CEO AT&T, Inc.: Speaker discussed the importance of public private partnerships (PPP) to build out the broadband deployment and connectivity. In the 1950’s, a law made universal services such as telephone access mandatory. There was no policy for internet. Now with Infrastructure Investment and Jobs Act (IIJA) and pandemic new policies have developed with $50 billion in federal funding. Speaker projects in five years all Americans should have connectivity. PPP is essential to build the infrastructure. He also noted that different cities have different needs. Variety of different models is required to develop a win-win construct. He also noted that recurring investment is important to keep up with changing innovation.
•Lisa Sun, Founder & CEO, Gravitas: Speaker shared her methodology for maximizing self-confidence and building success through daily meditation exercises.

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2022 NLC City Summit Conference
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0 •Dr. Sanjay Gupta, Neurosurgeon and Award-Winning Correspondent:

Speaker discussed the growing epidemic of mental health, which has been exacerbated by the pandemic. COVID symptoms have lasted for a long duration, which have impacted brain health. There is a connection to brain health and mental health. COVID has made the ability to respond to adversity more overwhelming. Uncertainty has amplified the mental health crisis. People in government and service are dealing with higher anxiety. Many people also don’t realize they are under stress. Speaker emphasized the need for self-care, diet, exercise, and social connections. He also discussed the importance of 9-8-8 Suicide and Crisis Lifeline, which operates 24-hours a day assistance.
•Neil Pasricha, Author of Positive-psychology Research: The best-selling author shared his personal background involving a divorce and the suicide by his best friend leading to a quest for happiness. He shared two methods for cultivating more happiness in a two-part daily routine.

First thing in the morning, retreat from the use of cell phones and instead make a daily gratitude list. At night, connect with family and focus on reading fiction before you go to bed.
•Brandon Fleming, educator, Harvard University debate coach and Founder and CEO of The Veritas School: Speaker shared his background as a troubled teen to winning Harvard debate coach for underserved high school students in Atlanta, GA. As part of the speaker’s message, stories create empathy so people can feel and connect people. Equity is a practice not a philosophy. Stories change people not information. See people for who they are and meet them where they are. Love and empathy are what changes people.

2. Workshops attended by City Representatives include:
•All Aboard, Downtown Kansas City’s Street Car on the Move •Welcome Home: Kansas City’s Tiny Home Community for Houseless Veterans
•Sustainable Infrastructure Investments in a Changing Climate •Zoning Reforms for Equitable Housing and Inclusive Communities •Navigating State Preemption of Housing and Homeless Policies •Safe Streets and Sidewalks for All Best Practices, Funding Opportunities and More
•2023 Federal Advocacy and Research Overview
•New and Multimodal Solutions for your City or Town
•Inflation and Fiscal Uncertainty: Weighing the Best City Responses •Cybersecurity Best Practices: Protecting City Infrastructure from Attack Item No.13C

2022 NLC City Summit Conference
December 6, 2022

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0 3. President’s Address:

President Vince Williams, Mayor of Union City, GA recapped his term in service. For the last three years of the pandemic, he has seen a rise in homelessness and problems with healthcare, particularly impacts of mental health struggles by youth. He encouraged members to lead first with love. He encouraged officials to support equal opportunity and inclusion and emphasized leaders from across the country have more in common through public service than their political differences. He reviewed NLC’s accomplishments including the passage of ARPA and Infrastructure Investment and Jobs Act (IIJA) legislation. The funds from ARPA supported community projects and economic recovery. Since its implementation, cities have used money for homeless support, youth programs, food insecurity programs, free Wi-Fi, public transportation for youth, childcare services, green space, and water systems. With new funding through IIJA, NLC has created infrastructure tools, including a training hub or bootcamp for small and midsized cities to maximize grant opportunities.

4. State of the Organization:

Executive Director Clarence Anthony shared his annual State of the Organization. He mentioned he was in his 10th year as CEO and many changes have taken place since the last live convening of the City Summit in 2019. Meetings are now conducted via Zoom calls. NLC staff has grown from 65 to 150. There are now 81 corporate partners, which is an increase of 7 from last year. Membership doubled to 2,700. Since the pandemic, NLC has developed more web-based resources, updated their social media presence, and has increased technical assistance to cities. New role of elected officials has changed during the pandemic. Leaders are now expected to provide more comfort and healing in addition to preparedness.

With the changes and impacts due to inflation, NLC is going to push for more data collection to help share information on disparities and gaps to help leaders resolve issues. NLC will also look into new methods of community engagement. The growing polarization in politics, race, disparity, civility, and violence is impacting political service. This is driving many councilmembers to not seek reelection and make public office a less desirable prospect. NLC will explore methods and tools for increasing civil communications and discourse with the public and city hall. NLC also launched a new podcast called “City Speaks” to bring a greater understanding of local government and city issues to the public.

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2022 NLC City Summit Conference
December 6, 2022

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0 5. Western Municipal Association Meeting:

Western Municipal Association (WMA) consisting of a region of cities west of Texas caucused. A state league executive directors provided an update on state budgets and legislation. The 2023/24 election of chair and vice chair was postponed until after all the official election results are tabulated.

The election will be held online before the Congressional Cities Conference in March 2023. The new board will also conduct a survey of member cities to determine the direction of WMA.

6. Election of NLC Officers for 2023 Elected at Annual Business Meeting:

The 2023 Officers were elected and sworn in:
•President: Victoria Woodards, Tacoma, WA
•First Vice Chair: David Sander, Rancho Cordova, CA
•Second Vice Chair: Sharon Westin Broome, Baton Rouge, LA Address by Incoming President Woodards: President Woodards shared her background in the Army, work at Urban League and foray into the Tacoma Parks Board which led her to run for both City Council and then Mayor. Her philosophy is community centered partnership and as an elected official used this approach to move graduation rates from 50 to 90 percent.

Partnerships will be her NLC priority to address housing and workforce development. She will work with American Planning Association and NLC to host convenings across the country to discuss housing affordability with private industry to find common solutions.

7. New Policy Resolutions Adopted by the NLC Member Cities at the Annual Business Meeting for inclusion as National Municipal Policy:

Mayor Engler served as voting delegate on behalf of the City. Forty-one existing resolutions were amended or renewed. The delegation unanimously approved five new resolutions:
•Support for Reforms of Opportunity Zones
•Calling for a More Robust Low-Income Housing Tax Credit to Help Ease the Nation’s Housing Crisis
•Urging The Federal Government to Provide Direct Funding and Assistance to Cities, Towns, and Villages to Support Violence Prevention Programs •Local Governments Need Direct and Sustainable Federal Funding to Help Residents Who Call The 988 Suicide & Crisis Lifeline in Time of Crises •In Support of Federal, State and Local Efforts to Stop the Illegal Trafficking of Fentanyl
Item No.13C

2022 NLC City Summit Conference
December 6, 2022

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0 COUNCIL GOAL COMPLIANCE:

Meets the following City Council goal:

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

PREPARED BY: Mina Layba, Legislative Affairs Manager
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