City Council
REGULAR MEETING
Tuesday, January 10, 2023, 6:00 PM
Andrew P. Fox City Council Chambers
Public advisory: Face masks are recommended.
You may view the City Council meeting broadcast live on TV (Frontier Channel 3, Spectrum Channel 10), and YouTube (CTO Meetings).
If you would like to submit a written comment, please complete the online Comment Form. Please see Public Input section below for more information.
The Brown Act prohibits a person from having to register to attend a City Council meeting. The Zoom app requires registration if you would like to attend via video/teleconference. If you do not wish to register to attend the City Council meeting via Zoom, City Council chambers is open and accessible to the public.
If you would like to speak on an agenda item REMOTELY (NOT in person), please complete the online Speaker Form. Please see Public Input section below for more information.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the City Council meeting, please contact the City Clerk Department (805) 4492151 within 48 hours of the meeting.
Kevin McNamee, Mayor
Al Adam, Mayor Pro Tem
Bob Engler, Councilmember
David Newman, Councilmember
Mikey Taylor, Councilmember
Executive Team
Andrew P. Powers, City Manager Tracy M. Noonan, City Attorney Ingrid Hardy, Assistant City Manager Jaime Boscarino, Finance Dir./City Treasurer Kelvin Parker, Community Development Director Clifford G. Finley, Public Works Director Laura B. Maguire, City Clerk Tim Giles, Human Resources Director Jonathan Serret, Cultural Affairs Director Jennifer Patterson, Library Services Director Jim Friedl, General Manager, CRPD Alexandra South, Strategic Communications/Public Affairs Dir.
Jeff Shea, Fire Chief Jeremy Paris, Police Chief
MISSION STATEMENT:
Extraordinary Service to the Citizens We Serve is Our Purpose The following is provided to assist with public participation:
AGENDA AVAILABILITY: The City Council Agenda is posted at the entry to the Civic Arts Plaza/City Hall, 2100 E. Thousand Oaks Boulevard, Thousand Oaks [main posting location pursuant to the Brown Act, G.C. 54954.2(a)]. Agenda packet and “Live and Archived” meetings and minutes are available on the City’s website at www.toaks.org. Televised City Council Meetings are rebroadcast Thursday and Sunday (following meeting) at 10:00 a.m. and 6:00 p.m. on TV (Frontier Channel 3, Spectrum Channel 10).
PUBLIC INPUT: To provide your comments to the City Councilmembers please submit comments via the online Comment Form. Written comment cards will also be available for submission at the meeting. If you would like to speak REMOTELY (NOT in person) on an agenda item during the meeting, please complete the online Speaker Form (you will be asked to provide an email address and telephone number). Be advised that those participating via Zoom do so at their own risk. The City Council meeting will not be cancelled if any technical issues occur during the meeting. If you would like to speak IN PERSON, speaker cards will be available at the meeting and MUST be submitted in person. Doors open at 5:30 p.m. All Ventura County Health requirements will be followed, which may include limited capacity, social distancing, and wearing face masks. Persons addressing the City Council are requested to state their name and community of residence for the record. If you need further assistance, please email the City Clerk Department at [email protected] or call (805) 4492151. Please be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under the applicable law. Communications will NOT be edited for redactions and will be printed/posted as submitted.
SPANISH INTERPRETATION: If you need interpretation of your communications to the City Council from Spanish into English, please contact the City Clerk Department at (805) 4492151 or by email at [email protected] . Notification of at least 48 hours will usually enable the City to make arrangements.
INTERPRETACIÓN AL ESPAÑOL : Si necesita una interpretación del español al inglés para sus comunicaciones al Consejo de la Ciudad, comuníquese con el Departmento del Secretario Municipal al (805) 4492151 o por correo electrónico a [email protected] . Por favor, avísenos con al menos 48 horas de anticipación para que la ciudad pueda hacer los arreglos necesarios.
CONSENT CALENDAR: Matters listed on Consent Calendar that do not require significant reporting and/or discussion for decision or considered to be routine, will be approved by one motion as recommended.
There will be no separate discussion unless Councilmember or staff member requests separate discussion prior to approval.
SUPPLEMENTAL INFORMATION: Any agenda related information received and distributed to the City Council after the Agenda Packet is produced is included in Supplemental Packets. Supplemental Packets are produced as needed, typically a minimum of two—one available on the Thursday preceding the City Council meeting and the second on Tuesday at the meeting. Both the Thursday and Tuesday Supplemental Packets are available for public review on the City’s website.
JUDICIAL REVIEW: Any legal action by an applicant seeking to obtain a judicial review of the City Council’s decision on a Hearing or issue listed on this Agenda may be subject to the 90day filing period, of and governed by, Code of Civil Procedure Section 1094.6. Also refer to TOMC Section 14.05.
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
5. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A. Business Recognition Program Recipient
B. American Public Works Association ReAccreditation
6. PUBLIC COMMENTS: To be heard before 6:45 p.m. If additional speakers for public comments remain at 6:45 p.m., remainder of speakers may be called at the end of the meeting. (Resolution Nos. 2011066/067)
7. CONSENT CALENDAR:
A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:
Ratify December 7, 2022, December 14, 2022, December 21, 2022, December 28, 2022, and January 4, 2023; approve January 11, 2023, and January 18, 2022, subject to review and ratification
B. Minutes of City Council meetings of December 6, 2022, and December 13, 2022 RECOMMENDATION:
Approve
C. Printing, Inserting, and Mailing Services
RECOMMENDATION:
1. Approve Agreement with InfoSend, Inc. of Long Beach, CA, for Printing, Inserting, and Mailing services, effective January 10, 2023, for a period of three years with the option for two (2), oneyear extensions by amendment beginning April 1, 2023 following the completion of the development phase. The agreement nottoexceed amount for cost of services including mailing materials and postage is $1,175,000, plus $150,000 for extra services to accommodate additional mass mailings as needed.
2. Authorize expenditure in the total amount of $20,900 as follows: $4,900 from A/C #00133206123113 (Supplies and Equipment, Stationary/Envelopes) and $16,000 from A/C #00133206123700 (Management and Support, Postage/Shipping).
3. Find that this action is not a project as defined under the California Environmental Quality Act.
D. Woolsey Fire Landscape Restoration – La Granada Reservoir Site (MI 2593) RECOMMENDATION:
1. Authorize staff to advertise landscape restoration at La Granada Reservoir Site (MI 2593) for construction bids.
2. Find that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15301.
E. Development Impact Fees: Annual Review of Accounts as of June 30, 2022 RECOMMENDATION:
1. Receive and file report.
2. Find that this action is not a project as defined under section 15378(b)(5) of the California Environmental Quality Act Guidelines.
F. Annual Appointment of City Treasurer and Adoption of Investment Policy RECOMMENDATION:
1. Adopt resolution reconfirming Jaime Boscarino as City Treasurer until January 31, 2024 and updating City’s Investment Policy.
2. Find that this action is not a project as defined under the California Environmental Quality Act.
G. Thousand Oaks Plan to Assist School Sites Annual Project List RECOMMENDATION:
1. Approve Thousand Oaks Plan to Assist School Sites (TOPASS) Annual Project List for Fiscal Year 202223 totaling $727,683 submitted by Conejo Valley Unified School District (CVUSD).
2. Find that this action is not a project as defined under section 15378(b)(5) of the California Environmental Quality Act Guidelines.
H. Westlake Boulevard (CI 5590) and Erbes Road (CI 5655) Flood Mitigation Projects RECOMMENDATION:
1. Approve Professional Services Agreement with NextGen Engineering, Inc. (Tucson, AZ) in the amount nottoexceed $170,616, plus extra services of $17,100 for engineering and design of the Westlake Boulevard Flood Mitigation Project (CI 5590), with a term ending June 30, 2024.
2. Approve Professional Services Agreement with NextGen Engineering, Inc. (Tucson, AZ) in an amount nottoexceed $138,240, plus extra services of $13,800 for engineering and design of the Erbes Road Flood Mitigation Project (CI 5655), with a term ending June 30, 2024.
3. Authorize acceptance of Hazard Mitigation Grant Program (HMGP) grant from Federal Emergency Management Administration, in the amount of $1,170,000 for the design and construction phases of the Westlake Boulevard Flood Mitigation Project (CI 5590).
4. Authorize acceptance of Hazard Mitigation Grant Program grant from Federal Emergency Management Administration, in the amount of $647,250, for the design and construction phases of the Erbes Road Flood Mitigation Project (CI 5655).
5. Authorize expenditure in the amount of $192,716 ($170,616 Agreement, plus extra services of $17,100, and $5,000 City Furnished Materials and Supplies) as follows:
$127,962 from A/C #18352106318300 (CI 5590, Westlake Boulevard Flood Mitigation) and $64,754 from A/C #00152106318300 (CI 5590, Westlake Boulevard Flood Mitigation).
6. Authorize expenditure in the amount of $157,100 ($138,240 Agreement, plus extra services of $13,860, and $5,000 City Furnished Materials and Supplies) as follows:
$103,680 from A/C #18353106318300 (CI 5655, Erbes Road Flood Mitigation) and $53,420 from A/C #00153106318300 (CI 5655, Erbes Road Flood Mitigation).
7. Find that this action is not a project as defined under the California Environmental Quality Act.
I. Financial Reports for Fiscal Year Ended June 30, 2022 RECOMMENDATION:
1. Receive and file financial reports.
2. Find that this action is not a project as defined under section 15378(b)(5) of the California Environmental Quality Act Guidelines.
J. Lease Agreement between City and County of Ventura
RECOMMENDATION:
1. Approve Civic Arts Plaza Suite E Lease Agreement with County of Ventura for the term of February 1, 2023 through December 31, 2026.
2. Approve budget appropriation and authorize revenue increase in the amount of $14,150 in FY 202223 to A/C #00100004719900 (Rental of City Facilities/Rental Revenues).
3. Find that this action is not a project as defined under the California Environmental Quality Act.
K. ORDINANCE FOR SECOND READING
ORDINANCE REPEALING SECTIONS 66.302 AND 66.303 OF THOUSAND OAKS MUNICIPAL CODE AND ADDING CHAPTER 7 TO TITLE 6 OF THOUSAND OAKS MUNICIPAL CODE RESTRICTING USE AND DISTRIBUTION OF SINGLE USE FOODWARE ACCESSORIES AND STANDARD CONDIMENTS (Introduced 12/6/22; 50)
ORD. NO. 1708NS
RECOMMENDATION:
Adopt
8. PUBLIC HEARINGS: None
9. STUDY SESSIONS: None
10. DEPARTMENT REPORTS:
A. Community Development Department Update
RECOMMENDATION:
Receive verbal report.
11. COMMITTEE/COMISSION/BOARD REPORTS: None
12. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None
13. COUNCIL ISSUES/RECOMMENDATIONS:
A. Proposed 2023 City Councilmember Committee Assignments RECOMMENDATION:
Approve proposed 2023 City Councilmember Committee Assignments and find that this action is not a project as defined under the California Environmental Quality Act.
14. CITY MANAGER:
A. Announcements and upcoming issues
15. CLOSED SESSION: None
16. PUBLIC NOTICES: None
17. ADJOURNMENT: Adjourn to Regular Meeting January 24, 2023.
Agenda Post Date/Time: Jan 05, 2023, 5:00P.M.
CCD:61040\h:\common\agenda\2023\011023.docx
City Council
REGULAR MEETING
Tuesday, January 10, 2023, 6:00 PM
Andrew P. Fox City Council Chambers
Public advisory: Face masks are recommended.
You may view the City Council meeting broadcast live on TV (Frontier Channel 3, Spectrum Channel 10), and YouTube (CTO Meetings).
If you would like to submit a written comment, please complete the online Comment Form. Please see Public Input section below for more information.
The Brown Act prohibits a person from having to register to attend a City Council meeting. The Zoom app requires registration if you would like to attend via video/teleconference. If you do not wish to register to attend the City Council meeting via Zoom, City Council chambers is open and accessible to the public.
If you would like to speak on an agenda item REMOTELY (NOT in person), please complete the online Speaker Form. Please see Public Input section below for more information.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the City Council meeting, please contact the City Clerk Department (805) 4492151 within 48 hours of the meeting.
Kevin McNamee, Mayor
Al Adam, Mayor Pro Tem
Bob Engler, Councilmember
David Newman, Councilmember
Mikey Taylor, Councilmember
Executive Team
Andrew P. Powers, City Manager Tracy M. Noonan, City Attorney Ingrid Hardy, Assistant City Manager Jaime Boscarino, Finance Dir./City Treasurer Kelvin Parker, Community Development Director Clifford G. Finley, Public Works Director Laura B. Maguire, City Clerk Tim Giles, Human Resources Director Jonathan Serret, Cultural Affairs Director Jennifer Patterson, Library Services Director Jim Friedl, General Manager, CRPD Alexandra South, Strategic Communications/Public Affairs Dir.
Jeff Shea, Fire Chief Jeremy Paris, Police Chief
MISSION STATEMENT:
Extraordinary Service to the Citizens We Serve is Our Purpose The following is provided to assist with public participation:
AGENDA AVAILABILITY: The City Council Agenda is posted at the entry to the Civic Arts Plaza/City Hall, 2100 E. Thousand Oaks Boulevard, Thousand Oaks [main posting location pursuant to the Brown Act, G.C. 54954.2(a)]. Agenda packet and “Live and Archived” meetings and minutes are available on the City’s website at www.toaks.org. Televised City Council Meetings are rebroadcast Thursday and Sunday (following meeting) at 10:00 a.m. and 6:00 p.m. on TV (Frontier Channel 3, Spectrum Channel 10).
PUBLIC INPUT: To provide your comments to the City Councilmembers please submit comments via the online Comment Form. Written comment cards will also be available for submission at the meeting. If you would like to speak REMOTELY (NOT in person) on an agenda item during the meeting, please complete the online Speaker Form (you will be asked to provide an email address and telephone number). Be advised that those participating via Zoom do so at their own risk. The City Council meeting will not be cancelled if any technical issues occur during the meeting. If you would like to speak IN PERSON, speaker cards will be available at the meeting and MUST be submitted in person. Doors open at 5:30 p.m. All Ventura County Health requirements will be followed, which may include limited capacity, social distancing, and wearing face masks. Persons addressing the City Council are requested to state their name and community of residence for the record. If you need further assistance, please email the City Clerk Department at [email protected] or call (805) 4492151. Please be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under the applicable law. Communications will NOT be edited for redactions and will be printed/posted as submitted.
SPANISH INTERPRETATION: If you need interpretation of your communications to the City Council from Spanish into English, please contact the City Clerk Department at (805) 4492151 or by email at [email protected] . Notification of at least 48 hours will usually enable the City to make arrangements.
INTERPRETACIÓN AL ESPAÑOL : Si necesita una interpretación del español al inglés para sus comunicaciones al Consejo de la Ciudad, comuníquese con el Departmento del Secretario Municipal al (805) 4492151 o por correo electrónico a [email protected] . Por favor, avísenos con al menos 48 horas de anticipación para que la ciudad pueda hacer los arreglos necesarios.
CONSENT CALENDAR: Matters listed on Consent Calendar that do not require significant reporting and/or discussion for decision or considered to be routine, will be approved by one motion as recommended.
There will be no separate discussion unless Councilmember or staff member requests separate discussion prior to approval.
SUPPLEMENTAL INFORMATION: Any agenda related information received and distributed to the City Council after the Agenda Packet is produced is included in Supplemental Packets. Supplemental Packets are produced as needed, typically a minimum of two—one available on the Thursday preceding the City Council meeting and the second on Tuesday at the meeting. Both the Thursday and Tuesday Supplemental Packets are available for public review on the City’s website.
JUDICIAL REVIEW: Any legal action by an applicant seeking to obtain a judicial review of the City Council’s decision on a Hearing or issue listed on this Agenda may be subject to the 90day filing period, of and governed by, Code of Civil Procedure Section 1094.6. Also refer to TOMC Section 14.05.
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
5. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A. Business Recognition Program Recipient
B. American Public Works Association ReAccreditation
6. PUBLIC COMMENTS: To be heard before 6:45 p.m. If additional speakers for public comments remain at 6:45 p.m., remainder of speakers may be called at the end of the meeting. (Resolution Nos. 2011066/067)
7. CONSENT CALENDAR:
A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:
Ratify December 7, 2022, December 14, 2022, December 21, 2022, December 28, 2022, and January 4, 2023; approve January 11, 2023, and January 18, 2022, subject to review and ratification
B. Minutes of City Council meetings of December 6, 2022, and December 13, 2022 RECOMMENDATION:
Approve
C. Printing, Inserting, and Mailing Services
RECOMMENDATION:
1. Approve Agreement with InfoSend, Inc. of Long Beach, CA, for Printing, Inserting, and Mailing services, effective January 10, 2023, for a period of three years with the option for two (2), oneyear extensions by amendment beginning April 1, 2023 following the completion of the development phase. The agreement nottoexceed amount for cost of services including mailing materials and postage is $1,175,000, plus $150,000 for extra services to accommodate additional mass mailings as needed.
2. Authorize expenditure in the total amount of $20,900 as follows: $4,900 from A/C #00133206123113 (Supplies and Equipment, Stationary/Envelopes) and $16,000 from A/C #00133206123700 (Management and Support, Postage/Shipping).
3. Find that this action is not a project as defined under the California Environmental Quality Act.
D. Woolsey Fire Landscape Restoration – La Granada Reservoir Site (MI 2593) RECOMMENDATION:
1. Authorize staff to advertise landscape restoration at La Granada Reservoir Site (MI 2593) for construction bids.
2. Find that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15301.
E. Development Impact Fees: Annual Review of Accounts as of June 30, 2022 RECOMMENDATION:
1. Receive and file report.
2. Find that this action is not a project as defined under section 15378(b)(5) of the California Environmental Quality Act Guidelines.
F. Annual Appointment of City Treasurer and Adoption of Investment Policy RECOMMENDATION:
1. Adopt resolution reconfirming Jaime Boscarino as City Treasurer until January 31, 2024 and updating City’s Investment Policy.
2. Find that this action is not a project as defined under the California Environmental Quality Act.
G. Thousand Oaks Plan to Assist School Sites Annual Project List RECOMMENDATION:
1. Approve Thousand Oaks Plan to Assist School Sites (TOPASS) Annual Project List for Fiscal Year 202223 totaling $727,683 submitted by Conejo Valley Unified School District (CVUSD).
2. Find that this action is not a project as defined under section 15378(b)(5) of the California Environmental Quality Act Guidelines.
H. Westlake Boulevard (CI 5590) and Erbes Road (CI 5655) Flood Mitigation Projects RECOMMENDATION:
1. Approve Professional Services Agreement with NextGen Engineering, Inc. (Tucson, AZ) in the amount nottoexceed $170,616, plus extra services of $17,100 for engineering and design of the Westlake Boulevard Flood Mitigation Project (CI 5590), with a term ending June 30, 2024.
2. Approve Professional Services Agreement with NextGen Engineering, Inc. (Tucson, AZ) in an amount nottoexceed $138,240, plus extra services of $13,800 for engineering and design of the Erbes Road Flood Mitigation Project (CI 5655), with a term ending June 30, 2024.
3. Authorize acceptance of Hazard Mitigation Grant Program (HMGP) grant from Federal Emergency Management Administration, in the amount of $1,170,000 for the design and construction phases of the Westlake Boulevard Flood Mitigation Project (CI 5590).
4. Authorize acceptance of Hazard Mitigation Grant Program grant from Federal Emergency Management Administration, in the amount of $647,250, for the design and construction phases of the Erbes Road Flood Mitigation Project (CI 5655).
5. Authorize expenditure in the amount of $192,716 ($170,616 Agreement, plus extra services of $17,100, and $5,000 City Furnished Materials and Supplies) as follows:
$127,962 from A/C #18352106318300 (CI 5590, Westlake Boulevard Flood Mitigation) and $64,754 from A/C #00152106318300 (CI 5590, Westlake Boulevard Flood Mitigation).
6. Authorize expenditure in the amount of $157,100 ($138,240 Agreement, plus extra services of $13,860, and $5,000 City Furnished Materials and Supplies) as follows:
$103,680 from A/C #18353106318300 (CI 5655, Erbes Road Flood Mitigation) and $53,420 from A/C #00153106318300 (CI 5655, Erbes Road Flood Mitigation).
7. Find that this action is not a project as defined under the California Environmental Quality Act.
I. Financial Reports for Fiscal Year Ended June 30, 2022 RECOMMENDATION:
1. Receive and file financial reports.
2. Find that this action is not a project as defined under section 15378(b)(5) of the California Environmental Quality Act Guidelines.
J. Lease Agreement between City and County of Ventura
RECOMMENDATION:
1. Approve Civic Arts Plaza Suite E Lease Agreement with County of Ventura for the term of February 1, 2023 through December 31, 2026.
2. Approve budget appropriation and authorize revenue increase in the amount of $14,150 in FY 202223 to A/C #00100004719900 (Rental of City Facilities/Rental Revenues).
3. Find that this action is not a project as defined under the California Environmental Quality Act.
K. ORDINANCE FOR SECOND READING
ORDINANCE REPEALING SECTIONS 66.302 AND 66.303 OF THOUSAND OAKS MUNICIPAL CODE AND ADDING CHAPTER 7 TO TITLE 6 OF THOUSAND OAKS MUNICIPAL CODE RESTRICTING USE AND DISTRIBUTION OF SINGLE USE FOODWARE ACCESSORIES AND STANDARD CONDIMENTS (Introduced 12/6/22; 50)
ORD. NO. 1708NS
RECOMMENDATION:
Adopt
8. PUBLIC HEARINGS: None
9. STUDY SESSIONS: None
10. DEPARTMENT REPORTS:
A. Community Development Department Update
RECOMMENDATION:
Receive verbal report.
11. COMMITTEE/COMISSION/BOARD REPORTS: None
12. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None
13. COUNCIL ISSUES/RECOMMENDATIONS:
A. Proposed 2023 City Councilmember Committee Assignments RECOMMENDATION:
Approve proposed 2023 City Councilmember Committee Assignments and find that this action is not a project as defined under the California Environmental Quality Act.
14. CITY MANAGER:
A. Announcements and upcoming issues
15. CLOSED SESSION: None
16. PUBLIC NOTICES: None
17. ADJOURNMENT: Adjourn to Regular Meeting January 24, 2023.
Agenda Post Date/Time: Jan 05, 2023, 5:00P.M.
CCD:61040\h:\common\agenda\2023\011023.docx
City Council
REGULAR MEETING
Tuesday, January 10, 2023, 6:00 PM
Andrew P. Fox City Council Chambers
Public advisory: Face masks are recommended.
You may view the City Council meeting broadcast live on TV (Frontier Channel 3, Spectrum Channel 10), and YouTube (CTO Meetings).
If you would like to submit a written comment, please complete the online Comment Form. Please see Public Input section below for more information.
The Brown Act prohibits a person from having to register to attend a City Council meeting. The Zoom app requires registration if you would like to attend via video/teleconference. If you do not wish to register to attend the City Council meeting via Zoom, City Council chambers is open and accessible to the public.
If you would like to speak on an agenda item REMOTELY (NOT in person), please complete the online Speaker Form. Please see Public Input section below for more information.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the City Council meeting, please contact the City Clerk Department (805) 4492151 within 48 hours of the meeting.
Kevin McNamee, Mayor
Al Adam, Mayor Pro Tem
Bob Engler, Councilmember
David Newman, Councilmember
Mikey Taylor, Councilmember
Executive Team
Andrew P. Powers, City Manager Tracy M. Noonan, City Attorney Ingrid Hardy, Assistant City Manager Jaime Boscarino, Finance Dir./City Treasurer Kelvin Parker, Community Development Director Clifford G. Finley, Public Works Director Laura B. Maguire, City Clerk Tim Giles, Human Resources Director Jonathan Serret, Cultural Affairs Director Jennifer Patterson, Library Services Director Jim Friedl, General Manager, CRPD Alexandra South, Strategic Communications/Public Affairs Dir.
Jeff Shea, Fire Chief Jeremy Paris, Police Chief
MISSION STATEMENT:
Extraordinary Service to the Citizens We Serve is Our Purpose The following is provided to assist with public participation:
AGENDA AVAILABILITY: The City Council Agenda is posted at the entry to the Civic Arts Plaza/City Hall, 2100 E. Thousand Oaks Boulevard, Thousand Oaks [main posting location pursuant to the Brown Act, G.C. 54954.2(a)]. Agenda packet and “Live and Archived” meetings and minutes are available on the City’s website at www.toaks.org. Televised City Council Meetings are rebroadcast Thursday and Sunday (following meeting) at 10:00 a.m. and 6:00 p.m. on TV (Frontier Channel 3, Spectrum Channel 10).
PUBLIC INPUT: To provide your comments to the City Councilmembers please submit comments via the online Comment Form. Written comment cards will also be available for submission at the meeting. If you would like to speak REMOTELY (NOT in person) on an agenda item during the meeting, please complete the online Speaker Form (you will be asked to provide an email address and telephone number). Be advised that those participating via Zoom do so at their own risk. The City Council meeting will not be cancelled if any technical issues occur during the meeting. If you would like to speak IN PERSON, speaker cards will be available at the meeting and MUST be submitted in person. Doors open at 5:30 p.m. All Ventura County Health requirements will be followed, which may include limited capacity, social distancing, and wearing face masks. Persons addressing the City Council are requested to state their name and community of residence for the record. If you need further assistance, please email the City Clerk Department at [email protected] or call (805) 4492151. Please be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under the applicable law. Communications will NOT be edited for redactions and will be printed/posted as submitted.
SPANISH INTERPRETATION: If you need interpretation of your communications to the City Council from Spanish into English, please contact the City Clerk Department at (805) 4492151 or by email at [email protected] . Notification of at least 48 hours will usually enable the City to make arrangements.
INTERPRETACIÓN AL ESPAÑOL : Si necesita una interpretación del español al inglés para sus comunicaciones al Consejo de la Ciudad, comuníquese con el Departmento del Secretario Municipal al (805) 4492151 o por correo electrónico a [email protected] . Por favor, avísenos con al menos 48 horas de anticipación para que la ciudad pueda hacer los arreglos necesarios.
CONSENT CALENDAR: Matters listed on Consent Calendar that do not require significant reporting and/or discussion for decision or considered to be routine, will be approved by one motion as recommended.
There will be no separate discussion unless Councilmember or staff member requests separate discussion prior to approval.
SUPPLEMENTAL INFORMATION: Any agenda related information received and distributed to the City Council after the Agenda Packet is produced is included in Supplemental Packets. Supplemental Packets are produced as needed, typically a minimum of two—one available on the Thursday preceding the City Council meeting and the second on Tuesday at the meeting. Both the Thursday and Tuesday Supplemental Packets are available for public review on the City’s website.
JUDICIAL REVIEW: Any legal action by an applicant seeking to obtain a judicial review of the City Council’s decision on a Hearing or issue listed on this Agenda may be subject to the 90day filing period, of and governed by, Code of Civil Procedure Section 1094.6. Also refer to TOMC Section 14.05.
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
5. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A. Business Recognition Program Recipient
B. American Public Works Association ReAccreditation
6. PUBLIC COMMENTS: To be heard before 6:45 p.m. If additional speakers for public comments remain at 6:45 p.m., remainder of speakers may be called at the end of the meeting. (Resolution Nos. 2011066/067)
7. CONSENT CALENDAR:
A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:
Ratify December 7, 2022, December 14, 2022, December 21, 2022, December 28, 2022, and January 4, 2023; approve January 11, 2023, and January 18, 2022, subject to review and ratification
B. Minutes of City Council meetings of December 6, 2022, and December 13, 2022 RECOMMENDATION:
Approve
C. Printing, Inserting, and Mailing Services
RECOMMENDATION:
1. Approve Agreement with InfoSend, Inc. of Long Beach, CA, for Printing, Inserting, and Mailing services, effective January 10, 2023, for a period of three years with the option for two (2), oneyear extensions by amendment beginning April 1, 2023 following the completion of the development phase. The agreement nottoexceed amount for cost of services including mailing materials and postage is $1,175,000, plus $150,000 for extra services to accommodate additional mass mailings as needed.
2. Authorize expenditure in the total amount of $20,900 as follows: $4,900 from A/C #00133206123113 (Supplies and Equipment, Stationary/Envelopes) and $16,000 from A/C #00133206123700 (Management and Support, Postage/Shipping).
3. Find that this action is not a project as defined under the California Environmental Quality Act.
D. Woolsey Fire Landscape Restoration – La Granada Reservoir Site (MI 2593) RECOMMENDATION:
1. Authorize staff to advertise landscape restoration at La Granada Reservoir Site (MI 2593) for construction bids.
2. Find that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15301.
E. Development Impact Fees: Annual Review of Accounts as of June 30, 2022 RECOMMENDATION:
1. Receive and file report.
2. Find that this action is not a project as defined under section 15378(b)(5) of the California Environmental Quality Act Guidelines.
F. Annual Appointment of City Treasurer and Adoption of Investment Policy RECOMMENDATION:
1. Adopt resolution reconfirming Jaime Boscarino as City Treasurer until January 31, 2024 and updating City’s Investment Policy.
2. Find that this action is not a project as defined under the California Environmental Quality Act.
G. Thousand Oaks Plan to Assist School Sites Annual Project List RECOMMENDATION:
1. Approve Thousand Oaks Plan to Assist School Sites (TOPASS) Annual Project List for Fiscal Year 202223 totaling $727,683 submitted by Conejo Valley Unified School District (CVUSD).
2. Find that this action is not a project as defined under section 15378(b)(5) of the California Environmental Quality Act Guidelines.
H. Westlake Boulevard (CI 5590) and Erbes Road (CI 5655) Flood Mitigation Projects RECOMMENDATION:
1. Approve Professional Services Agreement with NextGen Engineering, Inc. (Tucson, AZ) in the amount nottoexceed $170,616, plus extra services of $17,100 for engineering and design of the Westlake Boulevard Flood Mitigation Project (CI 5590), with a term ending June 30, 2024.
2. Approve Professional Services Agreement with NextGen Engineering, Inc. (Tucson, AZ) in an amount nottoexceed $138,240, plus extra services of $13,800 for engineering and design of the Erbes Road Flood Mitigation Project (CI 5655), with a term ending June 30, 2024.
3. Authorize acceptance of Hazard Mitigation Grant Program (HMGP) grant from Federal Emergency Management Administration, in the amount of $1,170,000 for the design and construction phases of the Westlake Boulevard Flood Mitigation Project (CI 5590).
4. Authorize acceptance of Hazard Mitigation Grant Program grant from Federal Emergency Management Administration, in the amount of $647,250, for the design and construction phases of the Erbes Road Flood Mitigation Project (CI 5655).
5. Authorize expenditure in the amount of $192,716 ($170,616 Agreement, plus extra services of $17,100, and $5,000 City Furnished Materials and Supplies) as follows:
$127,962 from A/C #18352106318300 (CI 5590, Westlake Boulevard Flood Mitigation) and $64,754 from A/C #00152106318300 (CI 5590, Westlake Boulevard Flood Mitigation).
6. Authorize expenditure in the amount of $157,100 ($138,240 Agreement, plus extra services of $13,860, and $5,000 City Furnished Materials and Supplies) as follows:
$103,680 from A/C #18353106318300 (CI 5655, Erbes Road Flood Mitigation) and $53,420 from A/C #00153106318300 (CI 5655, Erbes Road Flood Mitigation).
7. Find that this action is not a project as defined under the California Environmental Quality Act.
I. Financial Reports for Fiscal Year Ended June 30, 2022 RECOMMENDATION:
1. Receive and file financial reports.
2. Find that this action is not a project as defined under section 15378(b)(5) of the California Environmental Quality Act Guidelines.
J. Lease Agreement between City and County of Ventura
RECOMMENDATION:
1. Approve Civic Arts Plaza Suite E Lease Agreement with County of Ventura for the term of February 1, 2023 through December 31, 2026.
2. Approve budget appropriation and authorize revenue increase in the amount of $14,150 in FY 202223 to A/C #00100004719900 (Rental of City Facilities/Rental Revenues).
3. Find that this action is not a project as defined under the California Environmental Quality Act.
K. ORDINANCE FOR SECOND READING
ORDINANCE REPEALING SECTIONS 66.302 AND 66.303 OF THOUSAND OAKS MUNICIPAL CODE AND ADDING CHAPTER 7 TO TITLE 6 OF THOUSAND OAKS MUNICIPAL CODE RESTRICTING USE AND DISTRIBUTION OF SINGLE USE FOODWARE ACCESSORIES AND STANDARD CONDIMENTS (Introduced 12/6/22; 50)
ORD. NO. 1708NS
RECOMMENDATION:
Adopt
8. PUBLIC HEARINGS: None
9. STUDY SESSIONS: None
10. DEPARTMENT REPORTS:
A. Community Development Department Update
RECOMMENDATION:
Receive verbal report.
11. COMMITTEE/COMISSION/BOARD REPORTS: None
12. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None
13. COUNCIL ISSUES/RECOMMENDATIONS:
A. Proposed 2023 City Councilmember Committee Assignments RECOMMENDATION:
Approve proposed 2023 City Councilmember Committee Assignments and find that this action is not a project as defined under the California Environmental Quality Act.
14. CITY MANAGER:
A. Announcements and upcoming issues
15. CLOSED SESSION: None
16. PUBLIC NOTICES: None
17. ADJOURNMENT: Adjourn to Regular Meeting January 24, 2023.
Agenda Post Date/Time: Jan 05, 2023, 5:00P.M.
CCD:61040\h:\common\agenda\2023\011023.docx
City Council
REGULAR MEETING
Tuesday, January 10, 2023, 6:00 PM
Andrew P. Fox City Council Chambers
Public advisory: Face masks are recommended.
You may view the City Council meeting broadcast live on TV (Frontier Channel 3, Spectrum Channel 10), and YouTube (CTO Meetings).
If you would like to submit a written comment, please complete the online Comment Form. Please see Public Input section below for more information.
The Brown Act prohibits a person from having to register to attend a City Council meeting. The Zoom app requires registration if you would like to attend via video/teleconference. If you do not wish to register to attend the City Council meeting via Zoom, City Council chambers is open and accessible to the public.
If you would like to speak on an agenda item REMOTELY (NOT in person), please complete the online Speaker Form. Please see Public Input section below for more information.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the City Council meeting, please contact the City Clerk Department (805) 4492151 within 48 hours of the meeting.
Kevin McNamee, Mayor
Al Adam, Mayor Pro Tem
Bob Engler, Councilmember
David Newman, Councilmember
Mikey Taylor, Councilmember
Executive Team
Andrew P. Powers, City Manager Tracy M. Noonan, City Attorney Ingrid Hardy, Assistant City Manager Jaime Boscarino, Finance Dir./City Treasurer Kelvin Parker, Community Development Director Clifford G. Finley, Public Works Director Laura B. Maguire, City Clerk Tim Giles, Human Resources Director Jonathan Serret, Cultural Affairs Director Jennifer Patterson, Library Services Director Jim Friedl, General Manager, CRPD Alexandra South, Strategic Communications/Public Affairs Dir.
Jeff Shea, Fire Chief Jeremy Paris, Police Chief
MISSION STATEMENT:
Extraordinary Service to the Citizens We Serve is Our Purpose The following is provided to assist with public participation:
AGENDA AVAILABILITY: The City Council Agenda is posted at the entry to the Civic Arts Plaza/City Hall, 2100 E. Thousand Oaks Boulevard, Thousand Oaks [main posting location pursuant to the Brown Act, G.C. 54954.2(a)]. Agenda packet and “Live and Archived” meetings and minutes are available on the City’s website at www.toaks.org. Televised City Council Meetings are rebroadcast Thursday and Sunday (following meeting) at 10:00 a.m. and 6:00 p.m. on TV (Frontier Channel 3, Spectrum Channel 10).
PUBLIC INPUT: To provide your comments to the City Councilmembers please submit comments via the online Comment Form. Written comment cards will also be available for submission at the meeting. If you would like to speak REMOTELY (NOT in person) on an agenda item during the meeting, please complete the online Speaker Form (you will be asked to provide an email address and telephone number). Be advised that those participating via Zoom do so at their own risk. The City Council meeting will not be cancelled if any technical issues occur during the meeting. If you would like to speak IN PERSON, speaker cards will be available at the meeting and MUST be submitted in person. Doors open at 5:30 p.m. All Ventura County Health requirements will be followed, which may include limited capacity, social distancing, and wearing face masks. Persons addressing the City Council are requested to state their name and community of residence for the record. If you need further assistance, please email the City Clerk Department at [email protected] or call (805) 4492151. Please be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under the applicable law. Communications will NOT be edited for redactions and will be printed/posted as submitted.
SPANISH INTERPRETATION: If you need interpretation of your communications to the City Council from Spanish into English, please contact the City Clerk Department at (805) 4492151 or by email at [email protected] . Notification of at least 48 hours will usually enable the City to make arrangements.
INTERPRETACIÓN AL ESPAÑOL : Si necesita una interpretación del español al inglés para sus comunicaciones al Consejo de la Ciudad, comuníquese con el Departmento del Secretario Municipal al (805) 4492151 o por correo electrónico a [email protected] . Por favor, avísenos con al menos 48 horas de anticipación para que la ciudad pueda hacer los arreglos necesarios.
CONSENT CALENDAR: Matters listed on Consent Calendar that do not require significant reporting and/or discussion for decision or considered to be routine, will be approved by one motion as recommended.
There will be no separate discussion unless Councilmember or staff member requests separate discussion prior to approval.
SUPPLEMENTAL INFORMATION: Any agenda related information received and distributed to the City Council after the Agenda Packet is produced is included in Supplemental Packets. Supplemental Packets are produced as needed, typically a minimum of two—one available on the Thursday preceding the City Council meeting and the second on Tuesday at the meeting. Both the Thursday and Tuesday Supplemental Packets are available for public review on the City’s website.
JUDICIAL REVIEW: Any legal action by an applicant seeking to obtain a judicial review of the City Council’s decision on a Hearing or issue listed on this Agenda may be subject to the 90day filing period, of and governed by, Code of Civil Procedure Section 1094.6. Also refer to TOMC Section 14.05.
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
5. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A. Business Recognition Program Recipient
B. American Public Works Association ReAccreditation
6. PUBLIC COMMENTS: To be heard before 6:45 p.m. If additional speakers for public comments remain at 6:45 p.m., remainder of speakers may be called at the end of the meeting. (Resolution Nos. 2011066/067)
7. CONSENT CALENDAR:
A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:
Ratify December 7, 2022, December 14, 2022, December 21, 2022, December 28, 2022, and January 4, 2023; approve January 11, 2023, and January 18, 2022, subject to review and ratification
B. Minutes of City Council meetings of December 6, 2022, and December 13, 2022 RECOMMENDATION:
Approve
C. Printing, Inserting, and Mailing Services
RECOMMENDATION:
1. Approve Agreement with InfoSend, Inc. of Long Beach, CA, for Printing, Inserting, and Mailing services, effective January 10, 2023, for a period of three years with the option for two (2), oneyear extensions by amendment beginning April 1, 2023 following the completion of the development phase. The agreement nottoexceed amount for cost of services including mailing materials and postage is $1,175,000, plus $150,000 for extra services to accommodate additional mass mailings as needed.
2. Authorize expenditure in the total amount of $20,900 as follows: $4,900 from A/C #00133206123113 (Supplies and Equipment, Stationary/Envelopes) and $16,000 from A/C #00133206123700 (Management and Support, Postage/Shipping).
3. Find that this action is not a project as defined under the California Environmental Quality Act.
D. Woolsey Fire Landscape Restoration – La Granada Reservoir Site (MI 2593) RECOMMENDATION:
1. Authorize staff to advertise landscape restoration at La Granada Reservoir Site (MI 2593) for construction bids.
2. Find that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15301.
E. Development Impact Fees: Annual Review of Accounts as of June 30, 2022 RECOMMENDATION:
1. Receive and file report.
2. Find that this action is not a project as defined under section 15378(b)(5) of the California Environmental Quality Act Guidelines.
F. Annual Appointment of City Treasurer and Adoption of Investment Policy RECOMMENDATION:
1. Adopt resolution reconfirming Jaime Boscarino as City Treasurer until January 31, 2024 and updating City’s Investment Policy.
2. Find that this action is not a project as defined under the California Environmental Quality Act.
G. Thousand Oaks Plan to Assist School Sites Annual Project List RECOMMENDATION:
1. Approve Thousand Oaks Plan to Assist School Sites (TOPASS) Annual Project List for Fiscal Year 202223 totaling $727,683 submitted by Conejo Valley Unified School District (CVUSD).
2. Find that this action is not a project as defined under section 15378(b)(5) of the California Environmental Quality Act Guidelines.
H. Westlake Boulevard (CI 5590) and Erbes Road (CI 5655) Flood Mitigation Projects RECOMMENDATION:
1. Approve Professional Services Agreement with NextGen Engineering, Inc. (Tucson, AZ) in the amount nottoexceed $170,616, plus extra services of $17,100 for engineering and design of the Westlake Boulevard Flood Mitigation Project (CI 5590), with a term ending June 30, 2024.
2. Approve Professional Services Agreement with NextGen Engineering, Inc. (Tucson, AZ) in an amount nottoexceed $138,240, plus extra services of $13,800 for engineering and design of the Erbes Road Flood Mitigation Project (CI 5655), with a term ending June 30, 2024.
3. Authorize acceptance of Hazard Mitigation Grant Program (HMGP) grant from Federal Emergency Management Administration, in the amount of $1,170,000 for the design and construction phases of the Westlake Boulevard Flood Mitigation Project (CI 5590).
4. Authorize acceptance of Hazard Mitigation Grant Program grant from Federal Emergency Management Administration, in the amount of $647,250, for the design and construction phases of the Erbes Road Flood Mitigation Project (CI 5655).
5. Authorize expenditure in the amount of $192,716 ($170,616 Agreement, plus extra services of $17,100, and $5,000 City Furnished Materials and Supplies) as follows:
$127,962 from A/C #18352106318300 (CI 5590, Westlake Boulevard Flood Mitigation) and $64,754 from A/C #00152106318300 (CI 5590, Westlake Boulevard Flood Mitigation).
6. Authorize expenditure in the amount of $157,100 ($138,240 Agreement, plus extra services of $13,860, and $5,000 City Furnished Materials and Supplies) as follows:
$103,680 from A/C #18353106318300 (CI 5655, Erbes Road Flood Mitigation) and $53,420 from A/C #00153106318300 (CI 5655, Erbes Road Flood Mitigation).
7. Find that this action is not a project as defined under the California Environmental Quality Act.
I. Financial Reports for Fiscal Year Ended June 30, 2022 RECOMMENDATION:
1. Receive and file financial reports.
2. Find that this action is not a project as defined under section 15378(b)(5) of the California Environmental Quality Act Guidelines.
J. Lease Agreement between City and County of Ventura
RECOMMENDATION:
1. Approve Civic Arts Plaza Suite E Lease Agreement with County of Ventura for the term of February 1, 2023 through December 31, 2026.
2. Approve budget appropriation and authorize revenue increase in the amount of $14,150 in FY 202223 to A/C #00100004719900 (Rental of City Facilities/Rental Revenues).
3. Find that this action is not a project as defined under the California Environmental Quality Act.
K. ORDINANCE FOR SECOND READING
ORDINANCE REPEALING SECTIONS 66.302 AND 66.303 OF THOUSAND OAKS MUNICIPAL CODE AND ADDING CHAPTER 7 TO TITLE 6 OF THOUSAND OAKS MUNICIPAL CODE RESTRICTING USE AND DISTRIBUTION OF SINGLE USE FOODWARE ACCESSORIES AND STANDARD CONDIMENTS (Introduced 12/6/22; 50)
ORD. NO. 1708NS
RECOMMENDATION:
Adopt
8. PUBLIC HEARINGS: None
9. STUDY SESSIONS: None
10. DEPARTMENT REPORTS:
A. Community Development Department Update
RECOMMENDATION:
Receive verbal report.
11. COMMITTEE/COMISSION/BOARD REPORTS: None
12. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None
13. COUNCIL ISSUES/RECOMMENDATIONS:
A. Proposed 2023 City Councilmember Committee Assignments RECOMMENDATION:
Approve proposed 2023 City Councilmember Committee Assignments and find that this action is not a project as defined under the California Environmental Quality Act.
14. CITY MANAGER:
A. Announcements and upcoming issues
15. CLOSED SESSION: None
16. PUBLIC NOTICES: None
17. ADJOURNMENT: Adjourn to Regular Meeting January 24, 2023.
Agenda Post Date/Time: Jan 05, 2023, 5:00P.M.
CCD:61040\h:\common\agenda\2023\011023.docx
City Council
REGULAR MEETING
Tuesday, January 10, 2023, 6:00 PM
Andrew P. Fox City Council Chambers
Public advisory: Face masks are recommended.
You may view the City Council meeting broadcast live on TV (Frontier Channel 3, Spectrum Channel 10), and YouTube (CTO Meetings).
If you would like to submit a written comment, please complete the online Comment Form. Please see Public Input section below for more information.
The Brown Act prohibits a person from having to register to attend a City Council meeting. The Zoom app requires registration if you would like to attend via video/teleconference. If you do not wish to register to attend the City Council meeting via Zoom, City Council chambers is open and accessible to the public.
If you would like to speak on an agenda item REMOTELY (NOT in person), please complete the online Speaker Form. Please see Public Input section below for more information.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the City Council meeting, please contact the City Clerk Department (805) 4492151 within 48 hours of the meeting.
Kevin McNamee, Mayor
Al Adam, Mayor Pro Tem
Bob Engler, Councilmember
David Newman, Councilmember
Mikey Taylor, Councilmember
Executive Team
Andrew P. Powers, City Manager Tracy M. Noonan, City Attorney Ingrid Hardy, Assistant City Manager Jaime Boscarino, Finance Dir./City Treasurer Kelvin Parker, Community Development Director Clifford G. Finley, Public Works Director Laura B. Maguire, City Clerk Tim Giles, Human Resources Director Jonathan Serret, Cultural Affairs Director Jennifer Patterson, Library Services Director Jim Friedl, General Manager, CRPD Alexandra South, Strategic Communications/Public Affairs Dir.
Jeff Shea, Fire Chief Jeremy Paris, Police Chief
MISSION STATEMENT:
Extraordinary Service to the Citizens We Serve is Our Purpose The following is provided to assist with public participation:
AGENDA AVAILABILITY: The City Council Agenda is posted at the entry to the Civic Arts Plaza/City Hall, 2100 E. Thousand Oaks Boulevard, Thousand Oaks [main posting location pursuant to the Brown Act, G.C. 54954.2(a)]. Agenda packet and “Live and Archived” meetings and minutes are available on the City’s website at www.toaks.org. Televised City Council Meetings are rebroadcast Thursday and Sunday (following meeting) at 10:00 a.m. and 6:00 p.m. on TV (Frontier Channel 3, Spectrum Channel 10).
PUBLIC INPUT: To provide your comments to the City Councilmembers please submit comments via the online Comment Form. Written comment cards will also be available for submission at the meeting. If you would like to speak REMOTELY (NOT in person) on an agenda item during the meeting, please complete the online Speaker Form (you will be asked to provide an email address and telephone number). Be advised that those participating via Zoom do so at their own risk. The City Council meeting will not be cancelled if any technical issues occur during the meeting. If you would like to speak IN PERSON, speaker cards will be available at the meeting and MUST be submitted in person. Doors open at 5:30 p.m. All Ventura County Health requirements will be followed, which may include limited capacity, social distancing, and wearing face masks. Persons addressing the City Council are requested to state their name and community of residence for the record. If you need further assistance, please email the City Clerk Department at [email protected] or call (805) 4492151. Please be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under the applicable law. Communications will NOT be edited for redactions and will be printed/posted as submitted.
SPANISH INTERPRETATION: If you need interpretation of your communications to the City Council from Spanish into English, please contact the City Clerk Department at (805) 4492151 or by email at [email protected] . Notification of at least 48 hours will usually enable the City to make arrangements.
INTERPRETACIÓN AL ESPAÑOL : Si necesita una interpretación del español al inglés para sus comunicaciones al Consejo de la Ciudad, comuníquese con el Departmento del Secretario Municipal al (805) 4492151 o por correo electrónico a [email protected] . Por favor, avísenos con al menos 48 horas de anticipación para que la ciudad pueda hacer los arreglos necesarios.
CONSENT CALENDAR: Matters listed on Consent Calendar that do not require significant reporting and/or discussion for decision or considered to be routine, will be approved by one motion as recommended.
There will be no separate discussion unless Councilmember or staff member requests separate discussion prior to approval.
SUPPLEMENTAL INFORMATION: Any agenda related information received and distributed to the City Council after the Agenda Packet is produced is included in Supplemental Packets. Supplemental Packets are produced as needed, typically a minimum of two—one available on the Thursday preceding the City Council meeting and the second on Tuesday at the meeting. Both the Thursday and Tuesday Supplemental Packets are available for public review on the City’s website.
JUDICIAL REVIEW: Any legal action by an applicant seeking to obtain a judicial review of the City Council’s decision on a Hearing or issue listed on this Agenda may be subject to the 90day filing period, of and governed by, Code of Civil Procedure Section 1094.6. Also refer to TOMC Section 14.05.
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
5. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A. Business Recognition Program Recipient
B. American Public Works Association ReAccreditation
6. PUBLIC COMMENTS: To be heard before 6:45 p.m. If additional speakers for public comments remain at 6:45 p.m., remainder of speakers may be called at the end of the meeting. (Resolution Nos. 2011066/067)
7. CONSENT CALENDAR:
A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:
Ratify December 7, 2022, December 14, 2022, December 21, 2022, December 28, 2022, and January 4, 2023; approve January 11, 2023, and January 18, 2022, subject to review and ratification
B. Minutes of City Council meetings of December 6, 2022, and December 13, 2022 RECOMMENDATION:
Approve
C. Printing, Inserting, and Mailing Services
RECOMMENDATION:
1. Approve Agreement with InfoSend, Inc. of Long Beach, CA, for Printing, Inserting, and Mailing services, effective January 10, 2023, for a period of three years with the option for two (2), oneyear extensions by amendment beginning April 1, 2023 following the completion of the development phase. The agreement nottoexceed amount for cost of services including mailing materials and postage is $1,175,000, plus $150,000 for extra services to accommodate additional mass mailings as needed.
2. Authorize expenditure in the total amount of $20,900 as follows: $4,900 from A/C #00133206123113 (Supplies and Equipment, Stationary/Envelopes) and $16,000 from A/C #00133206123700 (Management and Support, Postage/Shipping).
3. Find that this action is not a project as defined under the California Environmental Quality Act.
D. Woolsey Fire Landscape Restoration – La Granada Reservoir Site (MI 2593) RECOMMENDATION:
1. Authorize staff to advertise landscape restoration at La Granada Reservoir Site (MI 2593) for construction bids.
2. Find that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15301.
E. Development Impact Fees: Annual Review of Accounts as of June 30, 2022 RECOMMENDATION:
1. Receive and file report.
2. Find that this action is not a project as defined under section 15378(b)(5) of the California Environmental Quality Act Guidelines.
F. Annual Appointment of City Treasurer and Adoption of Investment Policy RECOMMENDATION:
1. Adopt resolution reconfirming Jaime Boscarino as City Treasurer until January 31, 2024 and updating City’s Investment Policy.
2. Find that this action is not a project as defined under the California Environmental Quality Act.
G. Thousand Oaks Plan to Assist School Sites Annual Project List RECOMMENDATION:
1. Approve Thousand Oaks Plan to Assist School Sites (TOPASS) Annual Project List for Fiscal Year 202223 totaling $727,683 submitted by Conejo Valley Unified School District (CVUSD).
2. Find that this action is not a project as defined under section 15378(b)(5) of the California Environmental Quality Act Guidelines.
H. Westlake Boulevard (CI 5590) and Erbes Road (CI 5655) Flood Mitigation Projects RECOMMENDATION:
1. Approve Professional Services Agreement with NextGen Engineering, Inc. (Tucson, AZ) in the amount nottoexceed $170,616, plus extra services of $17,100 for engineering and design of the Westlake Boulevard Flood Mitigation Project (CI 5590), with a term ending June 30, 2024.
2. Approve Professional Services Agreement with NextGen Engineering, Inc. (Tucson, AZ) in an amount nottoexceed $138,240, plus extra services of $13,800 for engineering and design of the Erbes Road Flood Mitigation Project (CI 5655), with a term ending June 30, 2024.
3. Authorize acceptance of Hazard Mitigation Grant Program (HMGP) grant from Federal Emergency Management Administration, in the amount of $1,170,000 for the design and construction phases of the Westlake Boulevard Flood Mitigation Project (CI 5590).
4. Authorize acceptance of Hazard Mitigation Grant Program grant from Federal Emergency Management Administration, in the amount of $647,250, for the design and construction phases of the Erbes Road Flood Mitigation Project (CI 5655).
5. Authorize expenditure in the amount of $192,716 ($170,616 Agreement, plus extra services of $17,100, and $5,000 City Furnished Materials and Supplies) as follows:
$127,962 from A/C #18352106318300 (CI 5590, Westlake Boulevard Flood Mitigation) and $64,754 from A/C #00152106318300 (CI 5590, Westlake Boulevard Flood Mitigation).
6. Authorize expenditure in the amount of $157,100 ($138,240 Agreement, plus extra services of $13,860, and $5,000 City Furnished Materials and Supplies) as follows:
$103,680 from A/C #18353106318300 (CI 5655, Erbes Road Flood Mitigation) and $53,420 from A/C #00153106318300 (CI 5655, Erbes Road Flood Mitigation).
7. Find that this action is not a project as defined under the California Environmental Quality Act.
I. Financial Reports for Fiscal Year Ended June 30, 2022 RECOMMENDATION:
1. Receive and file financial reports.
2. Find that this action is not a project as defined under section 15378(b)(5) of the California Environmental Quality Act Guidelines.
J. Lease Agreement between City and County of Ventura
RECOMMENDATION:
1. Approve Civic Arts Plaza Suite E Lease Agreement with County of Ventura for the term of February 1, 2023 through December 31, 2026.
2. Approve budget appropriation and authorize revenue increase in the amount of $14,150 in FY 202223 to A/C #00100004719900 (Rental of City Facilities/Rental Revenues).
3. Find that this action is not a project as defined under the California Environmental Quality Act.
K. ORDINANCE FOR SECOND READING
ORDINANCE REPEALING SECTIONS 66.302 AND 66.303 OF THOUSAND OAKS MUNICIPAL CODE AND ADDING CHAPTER 7 TO TITLE 6 OF THOUSAND OAKS MUNICIPAL CODE RESTRICTING USE AND DISTRIBUTION OF SINGLE USE FOODWARE ACCESSORIES AND STANDARD CONDIMENTS (Introduced 12/6/22; 50)
ORD. NO. 1708NS
RECOMMENDATION:
Adopt
8. PUBLIC HEARINGS: None
9. STUDY SESSIONS: None
10. DEPARTMENT REPORTS:
A. Community Development Department Update
RECOMMENDATION:
Receive verbal report.
11. COMMITTEE/COMISSION/BOARD REPORTS: None
12. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None
13. COUNCIL ISSUES/RECOMMENDATIONS:
A. Proposed 2023 City Councilmember Committee Assignments RECOMMENDATION:
Approve proposed 2023 City Councilmember Committee Assignments and find that this action is not a project as defined under the California Environmental Quality Act.
14. CITY MANAGER:
A. Announcements and upcoming issues
15. CLOSED SESSION: None
16. PUBLIC NOTICES: None
17. ADJOURNMENT: Adjourn to Regular Meeting January 24, 2023.
Agenda Post Date/Time: Jan 05, 2023, 5:00P.M.
CCD:61040\h:\common\agenda\2023\011023.docx
City Council
REGULAR MEETING
Tuesday, January 10, 2023, 6:00 PM
Andrew P. Fox City Council Chambers
Public advisory: Face masks are recommended.
You may view the City Council meeting broadcast live on TV (Frontier Channel 3, Spectrum Channel 10), and YouTube (CTO Meetings).
If you would like to submit a written comment, please complete the online Comment Form. Please see Public Input section below for more information.
The Brown Act prohibits a person from having to register to attend a City Council meeting. The Zoom app requires registration if you would like to attend via video/teleconference. If you do not wish to register to attend the City Council meeting via Zoom, City Council chambers is open and accessible to the public.
If you would like to speak on an agenda item REMOTELY (NOT in person), please complete the online Speaker Form. Please see Public Input section below for more information.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the City Council meeting, please contact the City Clerk Department (805) 4492151 within 48 hours of the meeting.
Kevin McNamee, Mayor
Al Adam, Mayor Pro Tem
Bob Engler, Councilmember
David Newman, Councilmember
Mikey Taylor, Councilmember
Executive Team
Andrew P. Powers, City Manager Tracy M. Noonan, City Attorney Ingrid Hardy, Assistant City Manager Jaime Boscarino, Finance Dir./City Treasurer Kelvin Parker, Community Development Director Clifford G. Finley, Public Works Director Laura B. Maguire, City Clerk Tim Giles, Human Resources Director Jonathan Serret, Cultural Affairs Director Jennifer Patterson, Library Services Director Jim Friedl, General Manager, CRPD Alexandra South, Strategic Communications/Public Affairs Dir.
Jeff Shea, Fire Chief Jeremy Paris, Police Chief
MISSION STATEMENT:
Extraordinary Service to the Citizens We Serve is Our Purpose The following is provided to assist with public participation:
AGENDA AVAILABILITY: The City Council Agenda is posted at the entry to the Civic Arts Plaza/City Hall, 2100 E. Thousand Oaks Boulevard, Thousand Oaks [main posting location pursuant to the Brown Act, G.C. 54954.2(a)]. Agenda packet and “Live and Archived” meetings and minutes are available on the City’s website at www.toaks.org. Televised City Council Meetings are rebroadcast Thursday and Sunday (following meeting) at 10:00 a.m. and 6:00 p.m. on TV (Frontier Channel 3, Spectrum Channel 10).
PUBLIC INPUT: To provide your comments to the City Councilmembers please submit comments via the online Comment Form. Written comment cards will also be available for submission at the meeting. If you would like to speak REMOTELY (NOT in person) on an agenda item during the meeting, please complete the online Speaker Form (you will be asked to provide an email address and telephone number). Be advised that those participating via Zoom do so at their own risk. The City Council meeting will not be cancelled if any technical issues occur during the meeting. If you would like to speak IN PERSON, speaker cards will be available at the meeting and MUST be submitted in person. Doors open at 5:30 p.m. All Ventura County Health requirements will be followed, which may include limited capacity, social distancing, and wearing face masks. Persons addressing the City Council are requested to state their name and community of residence for the record. If you need further assistance, please email the City Clerk Department at [email protected] or call (805) 4492151. Please be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under the applicable law. Communications will NOT be edited for redactions and will be printed/posted as submitted.
SPANISH INTERPRETATION: If you need interpretation of your communications to the City Council from Spanish into English, please contact the City Clerk Department at (805) 4492151 or by email at [email protected] . Notification of at least 48 hours will usually enable the City to make arrangements.
INTERPRETACIÓN AL ESPAÑOL : Si necesita una interpretación del español al inglés para sus comunicaciones al Consejo de la Ciudad, comuníquese con el Departmento del Secretario Municipal al (805) 4492151 o por correo electrónico a [email protected] . Por favor, avísenos con al menos 48 horas de anticipación para que la ciudad pueda hacer los arreglos necesarios.
CONSENT CALENDAR: Matters listed on Consent Calendar that do not require significant reporting and/or discussion for decision or considered to be routine, will be approved by one motion as recommended.
There will be no separate discussion unless Councilmember or staff member requests separate discussion prior to approval.
SUPPLEMENTAL INFORMATION: Any agenda related information received and distributed to the City Council after the Agenda Packet is produced is included in Supplemental Packets. Supplemental Packets are produced as needed, typically a minimum of two—one available on the Thursday preceding the City Council meeting and the second on Tuesday at the meeting. Both the Thursday and Tuesday Supplemental Packets are available for public review on the City’s website.
JUDICIAL REVIEW: Any legal action by an applicant seeking to obtain a judicial review of the City Council’s decision on a Hearing or issue listed on this Agenda may be subject to the 90day filing period, of and governed by, Code of Civil Procedure Section 1094.6. Also refer to TOMC Section 14.05.
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
5. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A. Business Recognition Program Recipient
B. American Public Works Association ReAccreditation
6. PUBLIC COMMENTS: To be heard before 6:45 p.m. If additional speakers for public comments remain at 6:45 p.m., remainder of speakers may be called at the end of the meeting. (Resolution Nos. 2011066/067)
7. CONSENT CALENDAR:
A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:
Ratify December 7, 2022, December 14, 2022, December 21, 2022, December 28, 2022, and January 4, 2023; approve January 11, 2023, and January 18, 2022, subject to review and ratification
B. Minutes of City Council meetings of December 6, 2022, and December 13, 2022 RECOMMENDATION:
Approve
C. Printing, Inserting, and Mailing Services
RECOMMENDATION:
1. Approve Agreement with InfoSend, Inc. of Long Beach, CA, for Printing, Inserting, and Mailing services, effective January 10, 2023, for a period of three years with the option for two (2), oneyear extensions by amendment beginning April 1, 2023 following the completion of the development phase. The agreement nottoexceed amount for cost of services including mailing materials and postage is $1,175,000, plus $150,000 for extra services to accommodate additional mass mailings as needed.
2. Authorize expenditure in the total amount of $20,900 as follows: $4,900 from A/C #00133206123113 (Supplies and Equipment, Stationary/Envelopes) and $16,000 from A/C #00133206123700 (Management and Support, Postage/Shipping).
3. Find that this action is not a project as defined under the California Environmental Quality Act.
D. Woolsey Fire Landscape Restoration – La Granada Reservoir Site (MI 2593) RECOMMENDATION:
1. Authorize staff to advertise landscape restoration at La Granada Reservoir Site (MI 2593) for construction bids.
2. Find that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15301.
E. Development Impact Fees: Annual Review of Accounts as of June 30, 2022 RECOMMENDATION:
1. Receive and file report.
2. Find that this action is not a project as defined under section 15378(b)(5) of the California Environmental Quality Act Guidelines.
F. Annual Appointment of City Treasurer and Adoption of Investment Policy RECOMMENDATION:
1. Adopt resolution reconfirming Jaime Boscarino as City Treasurer until January 31, 2024 and updating City’s Investment Policy.
2. Find that this action is not a project as defined under the California Environmental Quality Act.
G. Thousand Oaks Plan to Assist School Sites Annual Project List RECOMMENDATION:
1. Approve Thousand Oaks Plan to Assist School Sites (TOPASS) Annual Project List for Fiscal Year 202223 totaling $727,683 submitted by Conejo Valley Unified School District (CVUSD).
2. Find that this action is not a project as defined under section 15378(b)(5) of the California Environmental Quality Act Guidelines.
H. Westlake Boulevard (CI 5590) and Erbes Road (CI 5655) Flood Mitigation Projects RECOMMENDATION:
1. Approve Professional Services Agreement with NextGen Engineering, Inc. (Tucson, AZ) in the amount nottoexceed $170,616, plus extra services of $17,100 for engineering and design of the Westlake Boulevard Flood Mitigation Project (CI 5590), with a term ending June 30, 2024.
2. Approve Professional Services Agreement with NextGen Engineering, Inc. (Tucson, AZ) in an amount nottoexceed $138,240, plus extra services of $13,800 for engineering and design of the Erbes Road Flood Mitigation Project (CI 5655), with a term ending June 30, 2024.
3. Authorize acceptance of Hazard Mitigation Grant Program (HMGP) grant from Federal Emergency Management Administration, in the amount of $1,170,000 for the design and construction phases of the Westlake Boulevard Flood Mitigation Project (CI 5590).
4. Authorize acceptance of Hazard Mitigation Grant Program grant from Federal Emergency Management Administration, in the amount of $647,250, for the design and construction phases of the Erbes Road Flood Mitigation Project (CI 5655).
5. Authorize expenditure in the amount of $192,716 ($170,616 Agreement, plus extra services of $17,100, and $5,000 City Furnished Materials and Supplies) as follows:
$127,962 from A/C #18352106318300 (CI 5590, Westlake Boulevard Flood Mitigation) and $64,754 from A/C #00152106318300 (CI 5590, Westlake Boulevard Flood Mitigation).
6. Authorize expenditure in the amount of $157,100 ($138,240 Agreement, plus extra services of $13,860, and $5,000 City Furnished Materials and Supplies) as follows:
$103,680 from A/C #18353106318300 (CI 5655, Erbes Road Flood Mitigation) and $53,420 from A/C #00153106318300 (CI 5655, Erbes Road Flood Mitigation).
7. Find that this action is not a project as defined under the California Environmental Quality Act.
I. Financial Reports for Fiscal Year Ended June 30, 2022 RECOMMENDATION:
1. Receive and file financial reports.
2. Find that this action is not a project as defined under section 15378(b)(5) of the California Environmental Quality Act Guidelines.
J. Lease Agreement between City and County of Ventura
RECOMMENDATION:
1. Approve Civic Arts Plaza Suite E Lease Agreement with County of Ventura for the term of February 1, 2023 through December 31, 2026.
2. Approve budget appropriation and authorize revenue increase in the amount of $14,150 in FY 202223 to A/C #00100004719900 (Rental of City Facilities/Rental Revenues).
3. Find that this action is not a project as defined under the California Environmental Quality Act.
K. ORDINANCE FOR SECOND READING
ORDINANCE REPEALING SECTIONS 66.302 AND 66.303 OF THOUSAND OAKS MUNICIPAL CODE AND ADDING CHAPTER 7 TO TITLE 6 OF THOUSAND OAKS MUNICIPAL CODE RESTRICTING USE AND DISTRIBUTION OF SINGLE USE FOODWARE ACCESSORIES AND STANDARD CONDIMENTS (Introduced 12/6/22; 50)
ORD. NO. 1708NS
RECOMMENDATION:
Adopt
8. PUBLIC HEARINGS: None
9. STUDY SESSIONS: None
10. DEPARTMENT REPORTS:
A. Community Development Department Update
RECOMMENDATION:
Receive verbal report.
11. COMMITTEE/COMISSION/BOARD REPORTS: None
12. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None
13. COUNCIL ISSUES/RECOMMENDATIONS:
A. Proposed 2023 City Councilmember Committee Assignments RECOMMENDATION:
Approve proposed 2023 City Councilmember Committee Assignments and find that this action is not a project as defined under the California Environmental Quality Act.
14. CITY MANAGER:
A. Announcements and upcoming issues
15. CLOSED SESSION: None
16. PUBLIC NOTICES: None
17. ADJOURNMENT: Adjourn to Regular Meeting January 24, 2023.
Agenda Post Date/Time: Jan 05, 2023, 5:00P.M.
CCD:61040\h:\common\agenda\2023\011023.docx
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California December 6, 2022
1. CALL TO ORDER: 6:00 p.m.
Mayor Bob Engler called the meeting to order at 6:00 p.m. in C ouncil Chambers, 2100 Thousand Oaks Boulevard, Thousand Oaks, California.
2. PLEDGE OF ALLEGIANCE
Mayor Engler led the pledge of allegiance.
3. ROLL CALL:
Present: Councilmembers Bill-de la Peña, A dam, McNamee, and Mayor Engler present in chambers, and Mayor Pro Tem Jones present via video conference.
Also present: City Manager Andrew P. Powers, City Attorney Tracy M. Noonan, Assistant City Manager Ingrid Hardy, Acting City Clerk Laura B. Magui re, Finance Director Jaime Boscarino, Community Development Director Ke lvin Parker, Public Works Director Cliff Finley, Cultural Affairs Director Jonathan Se rret, Human Resources Director Tim Giles, Library Services Director Jennifer Patterson, Strategic Communicati ons/Public Affairs Director Alexandra South, Police Chief Jeremy Paris, Fire Chief Jeff Shea, Sustainability Manager Helen Cox, Assistant A nalyst Phillip Hirrel, Debt and Investment Analyst Jane Adelmann, Assistant to the City Manager Meli ssa Hurtado, Community Services Analyst Sarah Mailes, Economic Deve lopment Analyst Dusty Russe ll, Acting Deputy City Clerk Sandra Delgado, Information Te chnology Supervisor Atanas Beltchev, Cable Operations Supervisor Carl Jarecky, Seni or Video Specialist Richard Sw ingler, and Assistant Analyst Christy Glaubke.
4. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:
Mayor Engler announced Item Nos. 11A and 11B – City Investment Review Committee Annual Report and FY 2022-23 Community S ports Grant Recommendations – will be moved up to be heard following the Consent Calendar.
5. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS: None
6. PUBLIC COMMENTS: To be heard before 6:45 p. m. If additional speakers for public comments remain at 6:45 p.m., remainder of speakers may be called at the end of the meeting. (Resolution Nos. 2011-066/067)
Speakers: George Rosenthal, Newbury Park. Additional information supplemental packet.
Written Statements: None.
City Manager Powers addressed public comments.
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 2 December 6, 2022
7. CONSENT CALENDAR:
A. General, Utilities, Golf Course, and Theatres Demands
RECOMMENDATION:
Ratify November 2, 2022, November 9, 2022, November 16, 2022, November 23, 2022, and November 30, 2022; approve December 7, 2022, December 14, 2022, December 21, 2022, December 28, 2022, and January 4, 2023, subject to review and ratification
Motion by Councilmember Bill-de la Peña to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
B. Minutes of City Council meeting of November 1, 2022
RECOMMENDATION:
Approve
Motion by Councilmember Bill-de la Peña to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
C. Investment Review Committee Appointments
RECOMMENDATION:
1. Approve the reappointment of incumbent Cody Sorenson and the appointment of Sheila Moore to the Investment Re view Committee to se rve two-year terms ending December 2024.
2. Find that this action is not a project as def ined under the California Environmental Quality Act.
Motion by Councilmember Bill-de la Peña to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 3 December 6, 2022
7. CONSENT CALENDAR: (Continued)
D. Municipal Service Center Elevator Modernization (MI 2635)
RECOMMENDATION:
1. Authorize staff to solicit bids for the Municipal Service Center (MSC) Elevator Modernization project (MI 2635).
2. Find that this action is not a pr oject as defined under the California Environmental Quality Act.
Motion by Councilmember Bill-de la Peña to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
E. Federal Lobbyist Services
RECOMMENDATION:
1. Approve federal lobbying services agreement with Van Scoyoc Associates, Inc., Washington, D.C. to provide federal legislative advocacy and lobbying services in the not-to-exceed amount of $85,500 per year for a thr ee-year term, effective January 1, 2023 and ending Dece mber 31, 2025, with the option to extend the contract for two additional years. The to tal five-year contract shall not exceed $427,500.
2. Approve budget appropriation in the amount of $9,500 from A/C #001-0000- 311-1000 (General Fund, Fund Balance) to A/C #001-1120-611-5750 (Contract Service Payment to Agencies - Management Fees).
3. Authorize expenditure in the amount not-to-exceed $43,500 for the remaining term of the agreement of FY 2022-23, and $85,500 for FY 2023-24 from A/C #001- 1120-611-5750 (Contract Service Payment to Agencies - Management Fees).
4. Find that approving the contract is not a “project” under the California Environmental Quality Act Guidelines.
Motion by Councilmember Bill-de la Peña to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 4 December 6, 2022
7. CONSENT CALENDAR: (Continued)
F. Public Transportation Agency Safety Plan Update
RESOLUTION TO ACKNOWLEDGE AND APPROVE ANNUAL REVIEW AND UPDATE
OF CITY OF THOUSAND OAKS TRANSIT PUBLIC TRANSPORTATION AGENCY
SAFETY PLAN
RES. NO. 2022-055
RECOMMENDATION:
1. Adopt resolution acknowledging annual review and update of the City of Thousand Oaks Transit Public Transportation Agency Safety Plan.
2. Find that this action is not a project as defined under the California Environmental Quality Act.
Motion by Councilmember Bill-de la Peña to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
G. Safety Compliance and Culture Services Agreement
RECOMMENDATION:
1. Approve single source designation of Citadel Environmental Services, Inc. for workplace safety and culture services pursuant to Thousand Oaks Municipal Code Section 3-10.202.
2. Award agreement for professional services to Citadel Environmental Services, Inc., of Glendale, CA, for workplace safety and culture services effective January 1, 2023, and ending December 31, 2025, with two one-year options to extend the agreement. The not- to-exceed amount is $570,907 over the lifetime of the contract.
3. Authorize expenditure in FY 2022-23 in the total amount of $95,157 from the following accounts; $25,121 from A/C #621-8250-682-5699 (Hill Canyon Treatment Plant, Contracted Services), $21,124 from A/C #611-8030-682-5699 (Water Distribution, Contracted Services), $10,562 from A/C #621-8220-682-5699 (Wastewater Collections, Contracted Services), $9,230 from A/C #001-5610-631-5699 (Roads, Contracted Services), $9,230 from A/C #001-5630-632-5699 (Landscape, Contracted Services), $6,566 from A/C #177-5320-631-5699 (Stormwater, Contracted Services), $5,329 from A/C #001-5660-631-5699 (Storm Drains, Contracted Services), $5,329 from A/C #142- 5630-632-5699 (Landscape Assessment District, Zone: LLAD), $1,333 from A/C #621- 8240-682-5699
(Industrial Waste, Contracted Services), and $1,333 from A/C #611-8070- 682-5699 (Water Quality Assurance, Contracted Services).
4. Find that this action is not a “project” as defined under the California Environmental Quality Act.
Motion by Councilmember Bill-de la Peña to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 5 December 6, 2022
7. CONSENT CALENDAR: (Continued)
H. Conflict of Interest Resolution Update
RESOLUTION UPDATING DESIGNAT ED EMPLOYEES, OFFICERS, AND
DISCLOSURE CATEGORY LIST FOR FAIR POLITICAL PRACTICES ACT
REQUIREMENTS (CONFLICT OF INTEREST) AND RESCINDING
RESOLUTION NO. 2020-053
RES. NO. 2022-056
RECOMMENDATION:
1. Adopt resolution updating designated employees, officers, and disclosure category list for Conflict of Interest.
2. Find that the action of adopting the resolution is not a “project” under the California Environmental Quality Act Guidelines.
Motion by Councilmember Bill-de la Peña to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
I. Fats, Oils, and Grease Waste Acceptance
RECOMMENDATION:
1. Approve first amendment to agreement s with Alpha Pumping, Inc. (Van Nuys, CA), Coastal Byproducts (Oxnard, CA), Buron’s Preferred Pumping (Agoura Hills, CA), and ETP, Inc. (Newhall, CA) to extend terms through De cember 31, 2027, for continued delivery and disposal of rest aurant fats, oils, and grease waste at the Hill Canyon Treatment Plant.
2. Authorize City Manager to approve future price adjustments for Fats, Oils, and Grease waste acceptance, as negotiat ed between City Project Manager and waste haulers, by written amendment to agreements.
3. Find that this action is not a “p roject” as defined under the California Environmental Quality Act.
Motion by Councilmember Bill-de la Peña to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 6 December 6, 2022
7. CONSENT CALENDAR: (Continued)
J. Employee Performance and Learning Management Software and Services Agreement
RECOMMENDATION:
1. Approve agreement for the period of July 25, 2023 through July 31, 2027, with Cornerstone OnDemand, Inc. (Santa Mo nica, CA) for employee performance management software and services in an amount not to exceed $108,755.06.
2. Approve agreement for the period of December 31, 2022 through July 31, 2027, with Cornerstone OnDemand, Inc. (Santa Monica, CA) for employee learning management software and services in an amount not to exceed $172,047.39.
3. Authorize expenditure in the total amount of $20,071 from A/C #001-0510-612- 3122 (General Fund, Software License) fo r the remaining FY 2022-23 budget cycle.
4. Find that this action is not a “p roject” as defined under the California Environmental Quality Act.
Motion by Councilmember Bill-de la Peña to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
K. Turblex Blower Maintenance and Repair Services
RECOMMENDATION:
1. Award General Services Agreement to Lone Star Blower, Inc. (Houston, TX) for an amount not-to-exceed $155,280 for Turblex™ Blower Maintenance and Repair Services with a three-year term through December 31, 2026.
2. Authorize expense for FY 2022-23 in the amount of $13,920 from A/C #621- 8250-682-5699 (Contracted Services) and up to $30,000 for anticipated materials from A/C #621-8250-685-3220 (Parts & Materials/Maintenance).
3. Find that this action/project is categorically exempt from California Environmental Quality Act pursuant to Section 15301(b).
Motion by Councilmember Bill-de la Peña to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 7 December 6, 2022
7. CONSENT CALENDAR: (Continued)
L. Hill Canyon Treatment Plant Retaining Wall Project CI (5444)
RECOMMENDATION:
1. Approve Change Order No. 2 to Contract No. 13012-2022 with GMZ Engineering, Inc. of Westla ke Village, CA, for the Hi ll Canyon Treatment Plant Retaining Wall Project (CI 5444) in the am ount of $103,730.25 for a new revised not-to-exceed amount of $1,453,577.56.
2. Approve Fifth Amendment to Professional Services Agreement No. 12377-2020 with m6 Consulting, Inc. of Westlake Village, CA, for additional Construction Phase Services on the Hill Canyon Treatment Plant Retaining Project (CI 5444) in the amount of $88,125 for a new revised not-to-exceed amount of $239,831.
3. Approve budget appropriation and expenditure in the amount of $240,000 from A/C #624-0000-341-9900 (Wastewater Fund, Net Position) to A/C #624-8250- 682-8300 (CI 5444), Hill Canyon Treatment Plant Retaining Wall Project.
4. Find that the project is Categorically Exempt from California Environmental Quality Act pursuant to 14 CCR § 15301, 15302, and 15304.
Motion by Councilmember Bill-de la Peña to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
M. Prefabricated Solar Systems at Various City Facilities (CI 5562)
RECOMMENDATION:
1. Authorize staff to issue a Request for Proposals/Qualifications for procurement of design and construction of Prefabricated Solar Systems at Various City Facilities (CI 5562).
2. Find that this action is not a project as defined under the California Environmental Quality Act.
Motion by Councilmember Bill-de la Peña to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 8 December 6, 2022
7. CONSENT CALENDAR: (Continued)
N. Ventura County Citizens Transportation Advisory Committee Appointments
RECOMMENDATION:
1. Approve the reappointment of Chaise Rasheed to fill a regular member position; term ending November 2024, and appointment of Aaron Kitzman to fill an alternate member position; term ending November 2023, on the Ventura County Citizens Transportation Advisory Committee.
2. Find that this action is not a project of the California Environmental Quality Act.
Motion by Councilmember Bill-de la Peña to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
O. Interceptor Unit Repairs FY 2021-23 (MI 2577)
RECOMMENDATION:
1. Approve Amendment No. 2 to Task Order No. 1 with SWCA Environmental Consultants (Pasadena, CA) On-Call Agreement No. 12431-2020 to perform additional environmental permitting services in connection with the Arroyo Conejo Creek Maintenance Agreement in the am ount of $28,931, for a revised not-to- exceed amount of $103,799.50, plus extra services of $9,000, with a term ending June 30, 2023.
2. Approve expenditure in the amount of $37,931 ($28,931 Amendment, plus extra services of $9,000) from A/C #624-8250-682-5500 (MI 2577).
3. Find that the project is Categorically Exempt from California Environmental Quality Act pursuant to 14 CCR 15301(b).
Motion by Councilmember Bill-de la Peña to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 9 December 6, 2022
7. CONSENT CALENDAR: (Continued)
P. Fats, Oils, and Grease Facility Improvements Project (CI 5441)
RECOMMENDATION:
1. Approve the project design, plans, specifications, and Addenda Nos. 1 through 4 for construction of the Hill Canyon Tr eatment Plant Fats, Oils, and Grease Facility Improvements Project (CI 5441) Project.
2. Award construction contract to GSE C onstruction Co., Inc. (Livermore, CA) in the amount of $4,224,500, plus a contingency of $422,450.
3. Approve budget appropriati on in the amount of $2,993,700 from A/C #624- 0000-341-9900 (Wastewater Fund, Net Position) to A/C #624-8250-682-8300 (CI 5441, Improvements Other than Buildings).
4. Approve Fourth Amendment to Prof essional Services Agreement No. 12688- 2021 with MKN Associates, Inc. (Los Angeles, CA), for additional design services and construction phase support services and Material Testing on the FOG Facility Improvements Project in the amount of $453,070, for a revised not-to-exceed amount of $851,092, plus extr a services of $42,865, and extend the term of the agreement to June 30, 2024.
5. Authorize expenditure in the amount of $5, 142,885 ($4,224,500 construction contract, $422,450 construction contract contingency, $453,070 for design and construction support services, and materi al testing, and $42,865 for extra services) from A/C #624-8250-682-8300 (C I 5441, Improvemen ts Other than Buildings).
6. Delegate authority to the City Engineer to approve changes in the design, plans, specifications, and working det ails of the project on work directives and change orders up to the project approved contingency amount.
7. Find that the Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15302.
Motion by Councilmember Bill-de la Peña to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 10 December 6, 2022
7. CONSENT CALENDAR: (Continued)
Q. 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 ex penditure 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 professiona l services agreement is not a project under California Environmental Quality Act (CEQA) Guideline Section 15378(b)(5) (CCR, Title 14, Chapter 3, Article 20).
Motion by Councilmember Bill-de la Peña to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
*11. COMMITTEE/COMISSION/BOARD REPORTS:
A. City Investment Review Committee Annual Report
RECOMMENDATION:
1. Receive and file report.
2. Find that this action is not a pr oject as defined under the California Environmental Quality Act Guidelines.
Presented by John Short, Chair of Co mmunity Funding Review Committee.
Finance Director Boscarino and Debt and Investment Analyst Adelmann available for questions.
Speaker/Written Statement: None.
Motion by Councilmember Bill-de la Peña to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 11 December 6, 2022
*11. COMMITTEE/COMISSION/BOARD REPORTS: (Continued)
B. 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.
Presented by Clyde Doheney, C hair of Community Funding Review Committee.
Assistant to the City M anager Hurtado and Community Services Analyst Mailes available for questions.
Speakers: Brian McQueeney, Executive Director Ride-On, Thousand Oaks.
Written Statements: None.
Motion by Councilmember McNamee to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 12 December 6, 2022
8. PUBLIC HEARINGS:
A. Single-Use Foodware Accessories and Standard Condiments Municipal Code Amendment
ORDINANCE REPEALING SECTIONS 6- 6.302 AND 6-6.303 OF THOUSAND OAKS MUNICIPAL CODE AND ADDING CHAPTER 7 TO TITLE 6 OF
THOUSAND OAKS MUNICIPAL CO DE RESTRICTING USE AND
DISTRIBUTION OF SINGLE-U SE FOODWARE ACCESSORIES AND
STANDARD CONDIMENTS
1ST READING
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.
ORD. NO. 1703-NS
Hearing, advertised as required by law, opened to consider item. Presented by Sustainability Manager Cox. Assistant Analyst Hirrel available for questions.
Speakers: Faith Grant, Westlake Village; Danica Gonzalez, Thousand Oaks.
Written Statements: None.
Mayor Engler closed the public hearing.
Motion by Councilmember Adam to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
9. STUDY SESSIONS: None
10. DEPARTMENT REPORTS: None
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 13 December 6, 2022
12. CITY COUNCIL AS SUCCESSO R AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None
13. COUNCIL ISSUES/RECOMMENDATIONS:
A. 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 t he City Manager to initiate the preparation of an Exclusive Negotiating Ag reement between the City of Thousand Oaks and DM/HOTV/MM.
2. Find that this action is not a proj ect as defined under the California Environmental Quality Act Guidelines.
Presented by Assistant City Manager Hardy and Economic Development Analyst Russell. Mark Sabin, Chief Expansion Office, Jeff Spahr, Vice President of Development, and Marge Cafarelli, Ch ief Real Estate Officer from DignityMoves; Ken Craft, Chief Ex ecutive Officer and Lori Craft, Chief Programming Officer from Hope of t he Valley Rescue Mission; and Rick Schroeder from Many Mansions available for questions.
Speakers: Jeffrey Lamber, Ventura County Community Foundation.
Written Statements:
Speaker/Written Statement: None.
Motion by Councilmember Bill-de la Peña to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 14 December 6, 2022
13. COUNCIL ISSUES/RECOMMENDATIONS: (Continued)
B. Update on League of California Cities C hannel Counties Division Meeting on October 28, 2022
RECOMMENDATION:
Receive report and find that receiving t he update is not a “project” under the California Environmental Quality Act.
Presented by Mayor Engler.
Speaker/Written Statement: None.
Motion by Councilmember Bill-de la Peña to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
C. 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.
Presented by Mayor Engler and Mayor Pro Tem Jones.
Speaker/Written Statement: None.
Motion by Councilmember Bill-de la Peña to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
14. CITY MANAGER:
A. Announcements and upcoming issues
City Manager Powers provided an update on the December 13, 2022, City Council Reorganization meeting.
15. CLOSED SESSION: None.
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 15 December 6, 2022
16. PUBLIC NOTICES: None.
17. ADJOURNMENT: City Council adjourned at 7: 28 p.m. to City Counc il Reorganization Meeting December 13, 2022.
__________________________________
Bob Engler, Mayor
City of Thousand Oaks City Council
Attest:
_________________________________
Laura B. Maguire, Acting City Clerk
City of Thousand Oaks City Council
AGENDA POSTED: 12/1/2022
MINUTES APPROVED:
*indicates item taken out of order
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California December 13, 2022
1. CALL TO ORDER: Mayor Bob Engler called the meeting to order at 6:08 p.m. in Council Chambers, 2100 Thousand Oaks Boulevard, Thousand Oaks, California.
2. PLEDGE OF ALLEGIANCE: Mayor Engler led the pledge of allegiance.
3. ROLL CALL:
Present: Councilmembers Bill-de la Peña, Adam, McNamee, Jones, and Mayor Engler present in chambers.
Also present: City Manager Andrew P. Powers, City Attorney Tracy M. Noonan, Assistant City Manager Ingrid Hardy, City Clerk Laura B. Maguire, Finance Director Jaime Boscarino, Community Development Director Kelvin Parker, Public Works Director Cliff Finley, Cultural Affairs Director Jonathan Serret, Human Resour ces Director Tim Giles, Library Services Director Jennifer Patterson, Strategic Communi cations/Public Affairs Director Alexandra South, Police Chief Jeremy Paris, Fire Ch ief Jeff Shea, Acting D eputy City Clerk Sandra Delgado, Information Technology Superviso r Atanas Beltchev, Cable Operations Supervisor Carl Jarecky, Senior Video Specialist Richard Swingler, Senior Video Specialist Ryan Palmer, Assistant Analyst Christy Glaubke, Records Management Specialist Judy Freeman, and Senior Recording Secretary Dominga Zambrano.
4. INTRODUCTIONS:
Mayor Engler acknowledged State, County, and City elected officials and their representatives, and former Mayors, and boar d, commission, and committee members in attendance.
Councilmember Bill-de la Peña absent 6:10 p.m.
*7. COUNCIL ISSUES/RECOMMENDATIONS:
A. Naming Kavli Theatre Lobby Staircase Pillar in Honor of Claudia Bill-de la Peña, Outgoing Councilmember
RESOLUTION NAMING THE KAVLI THEA TRE STAIRCASE PILLAR A PILLAR OF THE ARTS, COUNCILMEMBER CLAUDIA BILL-DE LA PEÑA
RES. NO. 2022-057
RECOMMENDATION:
1. Name pillar in the Fred Kavli T heatre for Councilmember Bill-de la Peña.
2. Find that adopting the resolution is not a project under the California Environmental Quality Act.
Presented by Mayor Engler.
Speaker/Written Statement: None
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 2 December 13, 2022
*7. COUNCIL ISSUES/RECOMMENDATIONS: (Continued)
A. Naming Kavli Theatre Lobby Staircase Pillar in Honor of Claudia Bill-de la Peña, Outgoing Councilmember (Continued)
Motion by Councilmember Adam to approve recommendation.
Passed 4-0 by the following vote:
Ayes – Adam, McNamee, Jones, Engler
Noes – None
Recused – Bill-de la Peña
Councilmember Bill-de la Peña present 6:13 p.m.
5. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:
A. Forum Theatre Council Seat Dedication
Mayor Engler presented Forum Theatre Council Seat Dedication to Harry Selvin (P18) acknowledging many years of service and extraordinary commitment to the community.
B. Presentations to Outgoing Mayor Engler
Mayor Pro Tem Jones introduced individuals with special presentations/remarks in honor of outgoing Mayor Engler; Assemblyme mber Jacqui Irwin; Ventura County Supervisor Linda Parks; CRPD B oard Chair Nellie Cusworth ; Greater Conejo Valley Chamber of Commerce President/CEO Dani elle Borja with Chair Jill Haney and Director of Government Affairs & Touris m Adam Haverstock; representing former Mayors: Chuck Cohen, Andy Fox, Richard Hus, Jacqui Irwin, Linda Parks, Frank Schillo; Thousand Oaks Boulevard Associ ation President Shawn Moradian; City Manager Powers presented gifts on behalf of City Employees and the Executive Team.
Mayor Pro Tem Jones presented Mayor Engler with oak plaque on behalf of City Council.
Councilmembers Adam, McNamee, Mayor Pro Tem Jones, and Councilmember Bill- de la Peña congratulated Mayo r Engler on a successful year and thanked him for his service to the community.
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 3 December 13, 2022
5. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS: (Continued)
C. Presentations to Outgoing Mayor Pro Tem Jones
Mayor Engler introduced individuals with sp ecial presentations/remarks in honor of outgoing Mayor Pro Tem Jones; Micah Mo ss, representing Co ngressmember Julia Brownley; Assemblymember Jacqui Irwin; Vent ura County Supervisor Linda Parks; CRPD Board Chair Nellie Cusworth; COSCA Manager Brian Stark; and City Manager Powers presented gifts on behalf of City Employees and the Executive Team.
Mayor Engler announced that seat N03 wa s dedicated to Mayor Pro Tem Jones and presented him with a crystal memento and certificate on behalf of City Council.
D. Presentations to Outgoing Councilmember Bill-de la Peña
Mayor Engler introduced individuals with s pecial presentations/remarks in honor of outgoing Councilmember Bill-de la Peña; Micah Moss, representing Congressmember Julia Brownley; Assemblymember Jacqui Irwin; Ventura County Supervisor Linda Parks; CRPD Board Chair Nellie Cuswor th; New West Symphony CEO Natalia Staneva, Director of Special Projects Patricia Jones, Boardmember Kathy Jeffers-Volk, Cathy Jeffers, Board Chair Bob Lugari; and City Manager Powers presented gifts on behalf of City Employees and the Executive Team.
Mayor Engler presented Councilmember Bill- de la Peña with Seat Dedication (G18) and presented an inscribed wooden board on behalf of City Council.
Councilmember Adam presented Councilmember Bill-de la Peña with a rendering and announced the naming of a commem orative pillar in the Kavli Theatre in honor of her 20 years of City Council service to the community.
E. Remarks by Councilmembers and Mayor Engler
Councilmembers McNamee, Adam, Mayor Engler, Mayor Pro Tem Jones, and Councilmember Bill-de la Peña thanked outgoing councilmembers for their many years of service to the community. Councilmember Bill-de la Peña and Mayor Pro Tem Jones gave outgoing remarks.
6. PUBLIC COMMENTS:
Speakers: Dianne McKay, Thousand Oaks; Mi c Farris, Newbury Park; Nelson Buss, Thousand Oaks; Fred Fukunaga, Thousand Oaks; Kat Selm, Thousand Oaks; Andy Fox, Thousand Oaks.
Written Statement: Jeanne Boe, Thousand Oaks.
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 4 December 13, 2022
8. DEPARTMENT REPORTS:
A. November 8, 2022, General Municipal Election Results
RESOLUTION RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022, DECLARING THE R ESULT AND SUCH OTHER
MATTERS AS PROVIDED BY LAW
RES. NO. 2022-058
RECOMMENDATION:
1. Adopt resolution declaring results of Nove mber 8, 2022, election that confirm the election of three Councilmembers, Bob Engler, David Newman, and Mikey Taylor, for four-year terms.
2. Find that the action of adopt ing the resolution is not a “project” under the California Environmental Quality Act Guidelines.
Presented by City Clerk Maguire.
Speaker/Written Statement: None.
Motion by Councilmember Bill-de la Peña to approve staff’s recommendation.
Passed 5-0 by the following vote:
Ayes – Bill-de la Peña, Adam, McNamee, Jones, Engler
Noes – None
9. City Clerk Administers Oath to Re-Elected and Elected Councilmembers:
City Clerk Maguire administered Oath of O ffice to Re-Elected Councilmember Bob Engler and newly Elected Councilmembers David Newman and Mikey Taylor.
City Clerk Maguire presented Certificates of Election to Councilmembers Engler, Newman and Taylor.
City Council recess 8:28 p.m.; reconvened 8:34 p.m.
Item No.7B
DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 5 December 13, 2022
10. COUNCIL REORGANIZATION:
A. Nominations Opened by City Clerk Maguire.
B. Nomination and Selection of Mayor: Councilmember Adam nominated Councilmember McNamee for Mayor.
City Clerk Maguire closed nominations.
Passed 5-0 by the following vote:
Ayes – Newman, McNamee, Engler, Adam, Taylor
Noes – None
C. Nomination and Selection of Mayor Pro Tem: Councilmember Newman nominated Councilmember Adam for Mayor Pro Tem.
City Clerk Maguire closed nominations.
Passed 5-0 by the following vote:
Ayes – Newman, Engler, Adam, Taylor, McNamee
Noes – None
D. Remarks by Incoming Mayor Pro Tem Adam , Councilmembers Engler, Newman, and Taylor, and Mayor McNamee.
11. ADJOURNMENT: City Council adjourned at 8:45 p.m. to a reception and next regular City Council meeting on Tuesday, January 10, 2023.
____________________________
Bob Engler, Mayor
City of Thousand Oaks City Council
____________________________
Kevin McNamee, Mayor
City of Thousand Oaks City Council
Attest:
____________________________
Laura B. Maguire, City Clerk
City of Thousand Oaks City Council
AGENDA POSTED: 12/8/2022
MINUTES APPROVED:
*indicates item taken out of order
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.
Item No.7B
TO:Andrew P. Powers, City Manager
FROM:Jaime Boscarino, Finance Director
DATE:January 10, 2023
SUBJECT: Printing, Inserting, and Mailing Services
RECOMMENDATION:
1. Approve Agreement with InfoSend, Inc. of Long Beach, CA, for Printing, Inserting, and Mailing services, effective January 10, 2023, for a period of three years with the option for two (2), one-year extensions by amendment beginning April 1, 2023 following the completion of the development phase.
The agreement not-to-exceed amount for cost of services including mailing materials and postage is $1,175,000, plus $150,000 for extra services to accommodate additional mass mailings as needed.
2. Authorize expenditure in the total amount of $20,900 as follows: $4,900 from A/C #001-3320-612-3113 (Supplies and Equipment,
Stationary/Envelopes) and $16,000 from A/C #001-3320-612-3700 (Management and Support, Postage/Shipping).
3. Find that this action is not a project as defined under the California Environmental Quality Act.
FINANCIAL IMPACT:
No Additional Funding Requested. $20,900 is included in the Adopted FY 2022- 23 General Fund Budget. The remaining funds for the agreement term will be requested during the next biennial budget process.
BACKGROUND:
Since incorporation, the City’s Finance Department Reprographics and Mail Services staff has been processing utility billings for the City. This involved transferring and downloading files from the Finance Department Public Services Division, printing, folding, inserting, applying postage, and transporting to the post office. The current volume is approximately 9,000 billings processed per month based on the bi-monthly billing cycle. This system has been successful over the years, but as staff began discussing the advantages of monthly utility billing it Item No.7C
Printing, Inserting, and Mailing Services
January 10, 2023
became apparent that in-house operations could not process the increased volume of bills without hiring additional staff.
Staff determined that a Request for Proposals/Qualifications (RFP/Q) was required to select a vendor who could provide the utility billing services for future monthly billings, other mass mailing services, and as a back-up to in-house services.
DISCUSSION/ANALYSIS:
In accordance with Government Code section 4526 and Thousand Oaks Municipal Code section 3-10.401, staff publicly solicited an RFP/Q for Bill Printing, Inserting, and Mailing Services on September 16, 2022. Unlike the low bid requirements of the Public Contract Code, contracts for professional, management, general, or special services should only be awarded to firms or persons who have demonstrated an adequate level of experience, competence, training, credentials, resources, staffing, and other professional qualifications necessary for more than a satisfactory of the services solicited. The award of an RFP/Q is based upon a variety of factors that demonstrate best value to the City for the solicited scope of 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. From this effort, three proposals were received:
Company City, State
1. InfoSend Anaheim, CA
2. SPCIO Phoenix, AZ
3. CR Print Westlake Village, CA
The staff evaluation committee, consisting of representatives from the Finance Department and Community Development Department reviewed all proposals and rated each proposer based on their qualifications, background, and client references. The committee attended online demonstrations to view product features and processes from the top two proposers.
InfoSend was selected unanimously by the evaluation team based on the following: ability to perform the desired services, reasonableness of cost, experience working with the City’s billing software Naviline and business license software HdL, experience providing services to other municipalities, and plans for disaster back-up production facilities for continuity of operations.
The opportunity to utilize a company for routine printing and mailing services will reduce staff time spent on managing the print shop, cost of custom supplies for utility billings, and daily staff time on outdated database maintenance. Infosend’s process will allow customers to receive utility bills in a timelier manner, with mail tracking, and updated forwarding addresses, which are not available to the City today. InfoSend will also be able to print seven (7) days per week if needed.
Item No.7C
Printing, Inserting, and Mailing Services
January 10, 2023
Part of the impetus for entering into an agreement for printing, inserting, and mailing services is the desire to implement monthly water bills. The transition to monthly water billing will assist customers to budget their utilities more efficiently.
Customers will be notified sooner of potential leaks, which will save water and potentially eliminate costs due to waste. These benefits come with an increase in the volume of bills from approximately 9,000 to 18,000 per month, which will exceed the limit of in-house capabilities. In addition to utility bills, items that may be processed by InfoSend include required parcel owner notices, business license renewals, and a contingency for other large mass mailings as needed by the City that would not be processed as timely in-house.
Currently, the City has one (1) full-time printshop technician and one (1) part-time mail services worker to process citywide mail and reprographics. In-house reprographics produces an average of 225,000 pieces of mail per year, of which approximately 58% are utility bills and notices. The cost per piece produced in- house is $0.09, consisting of staff time, envelopes, and paper. With the increase of monthly utility billing to approximately 228,000 pieces per year, in addition to planned mailings of parcel owner notices and business license renewals, staff anticipates the cost with InfoSend will be approximately $48,000, with an average per piece price of $0.17.
The majority of the cost of the agreement with InfoSend is for postage, which the City will pay regardless of whether mailing is done in-house or with InfoSend. The estimated cost for postage the first year will be $165,120 which includes a USPS rate increase but does not include the potential rate reduction for pieces that will qualify for bulk mail pricing. It is anticipated that the City will actually experience a reduction in postage costs by contracting with InfoSend due to their ability to qualify for bulk mail pricing.
Entering into an agreement with InfoSend for routine printing, inserting, and mailing services is an efficient and effective method for operations and customers. It also provides a continuity plan for printing and mailing which is not possible with the current in-house process. For these reasons staff recommends approving the agreement with InfoSend.
Tentative Schedule:
Execute Agreement January 2023
Develop templates, file transfer protocols, testing Jan – March 2023 InfoSend begins printing and mailing April 2023
Item No.7C
Printing, Inserting, and Mailing Services
January 10, 2023
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: Tara Tosatto, Revenue Operations Manager
Elizabeth Perez, Facilities Manager
Attachments:
Attachment #1 – Agreement with InfoSend
FIN:355-10\tt\edp\H:\COMMON\Council\2023\Public Services\011023 Bill Printing and Mailing Svcs Staff Report.docx Item No.7C
FIN:355-10\tt\edp\H:\COMMON\Council\2023\Public Services\Attach 1 Agreement with Infosend.docx InfoSend MSA Version 3.3 1 | P a g e
InfoSend Master Service Agreement
This Master Service Agreement (“Agreement”) is entered into on January 10, 2023 (the “Effective Date”) by and between City of Thousand Oaks, a municipal corporation, having its main office at 2100 Thousand Oaks Blvd, Thousand Oaks, CA 91362 (“Client”) and InfoSend, Inc., a California Corporation, having its main office at 4240 E. La Palma Avenue, Anaheim, California 92807 (“InfoSend”). Client and InfoSend are collectively referred to herein as the “parties” and individually as a “party.” In consideration of the mutual promises and upon the terms and conditions set forth below, the parties agree as follows:
1 Definitions
For the purposes of this Agreement, the following terms and words shall have the meaning ascribed to them, unless the context clearly indicates otherwise.
1.1 “Affiliate” means, with respect to a party, any entity or person that, directly or indirectly, owns or is owned by (whether in whole or in part), controls or is controlled by, or is under common control with, such party.
1.2 “Agreement” shall refer to this Agreement, as
amended from time to time, which shall constitute an
authorization for the term of this Agreement for InfoSend to provide the Services, described herein, to the Client.
1.3 “User(s)” shall mean a customer or employee of
Client accessing InfoSend hosted applications via the
Internet. Users of the System will agree to accept all the terms and conditions herein, and may be issued a unique User ID and/or password by InfoSend or Client.
1.4 “Services” shall include the performance of the
Services outlined in Section 2 and detailed in Exhibits A and C of this Agreement.
1.5 “System” shall include all InfoSend hosted data and software applications.
1.6 “Client Data” shall refer to all Client-supplied
computer data files that contain personally identifiable information.
2 Services Provided by InfoSend
2.1 Scope of Services
Subject to the terms and conditions of this Agreement,
InfoSend, itself and/or through its Affiliate(s), shall provide to Client, and Client shall purchase from InfoSend, the services listed in Exhibit A (“Scope of Primary
Services”) to this Agreement at the price set forth in
Exhibit B (“InfoSend Fees”). In the event Client requires other consu lting, installation, development and/or
customization services, InfoSend shall perform and Client shall purchase such services in accordance with the
provisions of Exhibit C (“Professional Services”) of this Agreement.
2.2 Professionalism
InfoSend and Client shall operate in a professional manner under this Agreement: in providing and receiving Services under this Agreement, the parties will perform in a
manner consistent with that degree of care and skill
ordinarily exercised by members of the same profession
under similar circumstances.
2.3 Time of Performance of Services
InfoSend and Client acknowledge and agree that each
party will use reasonable diligence to perform their
respective obligations under this Agreement in a timely manner.
3 License Grant and Restrictions
3.1 Grant of License
InfoSend agrees to provide to Users the right to use
software and the provision of Services, but in all cases only in full and complete compliance with all of the terms and conditions of this Agreement. Subject to the terms of this Agreement, InfoSend hereby grants, and Client hereby
accepts, for the Term (as defined herein) of this
Agreement, a non -exclusive, non -transferable license to access and use and to permit its Users to access and use the System via the Internet (the “License”).
3.2 License Restrictions
Client hereby agrees not to: (i) reproduce, download,
modify, create derivative works from, distribute, or
attempt to reverse engineer, decompile, disassemble, or access the source or object code for, the System; (ii) use the System, or any component thereof, in any manner
contrary to applicable laws or government regulations; or (iii) otherwise affect or attempt to enable the
unauthorized use (with or without User ID and/or
password) of the System.
4 Privacy and Security
4.1 Regulatory Compliance
ATTACHMENT #1
Item No.7C
FIN:355-10\tt\edp\H:\COMMON\Council\2023\Public Services\Attach 1 Agreement with Infosend.docx InfoSend MSA Version 3.3 2 | P a g e
InfoSend will maintain compliance with required Payment Card Industry (PCI) Data Security Standards and
Cardholder Information Security Standards , applicable
rules and regulations of the Health Insurance Portability and Accountability Act (HIPAA), and applicable sections of the Gramm-Leach-Bliley Act of 1999.
5 Term & Termination
5.1 Term
The initial term of this Agreement shall commence on the effective date of this Agreement and continue for a period of three (3) years (“Initial Term”) from the Effective Date.
This Agreement can be renewed for two successive
periods of one (1) year terms (“Renewal Terms”) upon
mutual agreement of both parties via the execution of an Amendment to the Agreement.
5.2 Termination for Cause
This Agreement may be terminated for cause as follows:
(i) Material Breach
A material breach of this Agreement by either party
shall be cured within thirty (30) days after a party
notifies the other of such breach . For those breaches
which cannot reasonably be cured within thirty (30)
days, the breaching party shall promptly comme nce
curing such breach and thereafter proceed with
reasonable due diligence to substantially cure such
breach (the “Cure Period”) . In the event that such
material breach has not been cured within the Cure
Period, the non -breaching party may terminate this
Agreement in its entirety, or as it pertains to a
particular Product, Deliverable, Service or
Professional Service, by providing the other party
with thirty (30 ) days’ written notice as of a date
specified in such notice.
(ii) Failure to Pay
After sixty (60) days of nonpayment on undisputed
invoices, InfoSend may, at InfoSend’s option,
terminate this Agreement in its entirety or as it
pertains to a particular Product, Deliverable, Service
or Professional Service, by giving written notice to
Client, as of a date specified in such termination
notice, pursuant to Section 6.3.
(iii) Insolvency or Bankruptcy
In the event that either party becomes or is declared
insolvent or bankrupt, is the subject of any
proceedings related to its liquidation, insolvency or
for the appointment of a receiver or similar officer for it, makes an assignment for the benefit of all or
substantially all of its creditors, or enters into an
agreement for the composition, extension or
readjustment of all or substantially all of its
obligations, then the other party hereto may, by
giving written notice thereof to such party, terminate
this Agreement as of the date specified in such notice
of termination.
5.3 Upon Termination
Upon termination of this Agreement, the parties agree to cooperate with one another to ensure that all accounts
receivable are accounted for. Upon termination, InfoSend shall complete any jobs paid for but not completed,
and/or deliver to Client any work then in process or
completed but not sent, and shall then cease all Services provided hereunder , unless otherwise directed by the
Client in wri ting and assuming all client fees remain
current. Upon termination, Client will promptly pay to
InfoSend any and all charges due, without offset, including but not limited to payables that are due pursuant to this Agreement, accrued finance charges , and th e
Discontinuance Fee set forth below, where applicable.
5.4 Discontinuance Fee
The parties have mutually agreed upon the Fees for the
Services to be provided hereunder based upon volumes
Client has represented in Exhibit B, Section 2 and the Term of thi s Agreement. Because of the impracticable or
extreme difficulty in ascertaining the actual damages to InfoSend that would result from a termination of the
Agreement prior to the expiration of the then -current
term, Client agrees to pay a discontinuance fee to
InfoSend in the event that ( i) Client terminates the
Agreement without cause prior to the expiration of the then-current term; or (ii) the Agreement is terminated due to a breach by Client prior to the expiration of the then - current term.
The discontinuance fee will be equal to two (2) months of the Client’s average monthly billing for the previous six (6) months of Service (excluding any postage charges and
professional services fees that were invoiced in that time period). Client agrees to pay the discontinuance fee prior to the effective date of such termination and in addition to all other payables then due and owing to InfoSend. The parties agree that the amount of the discontinuance fee is a reasonable forecast of the just compensation for the
harm to InfoSend caused by an early termination of this Agreement, and not a penalty.
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5.5 Force Majeure
Neither party shall be liable, or deemed to be in default, to the other for any failure or delay in performing an
obligation under this Agreement to the extent that its
performance is delayed, impaired or rendered impossible by an event beyond its control (“Force Majeure Event”)
such as natural disasters, war, ter rorist acts, riots, labor strikes or shortages , civil disturbances, extra -ordinary losses of utilities (including telecommunications services), computer “hacker” attacks on internet infrastructure,
regulatory restrictions, change in law or regulation or other acts of government authority, including ci vil and military authorities and courts, fuel or energy shortages, transportation stoppages or slowdowns, the inability to procure parts or raw materials, pandemics, supply -chain issues which causes a substantial increase in costs or
decrease in availability of materials necessary for InfoSend and/or its Affiliate(s) to perform services under this
Agreement, and/or acts or omissions of common carrier.
These causes will not excuse Client from paying previously accrued payables due to InfoSend through any ava ilable lawful means acceptable to InfoSend.
6 Invoicing and Payments
6.1 Invoicing
InfoSend will invoice Client biweekly and Client will pay InfoSend the fees described in and/or computed in
accordance with Exhibit B ( InfoSend Fees ). Client
payment of these invoices is due upon receipt in U.S.
dollars and shall be pai d NET 30 unless expressly agreed to by InfoSend.
6.2 Dispute of Invoice
Should Client dispute any invoices, it must do so in writing within sixty (60) days of the invoice date with specific details as to the matters in dispute or any dispute shall be deemed waived.
6.3 Late Payments
InfoSend may elect to assess finance charges on any or all undisputed invoices that become past due at a rate of
1.5% per month.
The recurring nature of InfoSend’s Services result in a rapid rise in financial loss to InfoSend if a Client’s accounts payable process is delayed , particularly when InfoSend is invoicing Client for postage charges. Therefore, InfoSend reserves the right to suspend Services until payments are brought current if past due account balances cannot be collected from Client . InfoSend’s Accounting staff will notify Client in writing before Services are suspended and give Client an opportunity to bring the account current before Services are put on hold . Should a hold be
instigated, it will immediately be removed once the
account is brought current.
7 Communications
7.1 Notices
Any notice hereunder must be in writing and sent by
overnight courier service (such as FedEx or UPS), or USPS certified mail, all with delivery signature requested, to the other party hereto at the respective address set forth
below:
To Client:
City of Thousand Oaks
C/O: Finance/Public Services
Address: 2100 E. Thousand Oaks Bl.
Thousand Oaks, CA 91362
To InfoSend:
C/O: President
Address: 4240 E. La Palma Avenue
Anaheim, CA 92807
Notice shall be deemed to have been given and received
one (1) business day after being sent via overnight courier service, or three (3) business days after being mailed by USPS certified mail. Each party may update its address or email address by providing written notice to the other
party of such change in accordance with this section.
8 Confidentiality & Intellectual Property
8.1 Confidentiality
All information and data relating to Client’s business , as well as all User information , submitted by Client to
InfoSend and/or its Affiliate(s) under this Agreement shall be treated as confidential by InfoSend and shall not,
except as required to perform the Services under this
Agreement or otherwise required by law, be disclosed to any thir d party by InfoSend without Client’s written
consent. Notwithstanding anything to the contrary, the
following shall not be deemed confidential: (a)
information that is in the public domain through no fault of InfoSend or its Affiliate(s); (b) information t hat was known to InfoSend or its Affiliate(s) prior to disclosure by Client; or (c) information that is independently developed by InfoSend or its Affiliate(s) without use of or reference to Confidential Information. InfoSend shall promptly
notify Client should InfoSend be served with a summons, complaint, subpoena, notice of deposition, request for
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documents, interrogatories, requests for admission, or
other discovery request or court order (a “Request to
Disclose”) from any third party regarding this Agre ement, the Services performed under this Agreement , and/or
seeking such information or data . Client shall be
responsible to timely make appropriate objections to any Request to Disclose.
Client will not disclose to any third party or use for any purpose i nconsistent with this Agreement any
confidential or proprietary non -public information it
obtains from InfoSend during the term of this Agreement about InfoSend’ s business (the “Confidential
Information”), which Confidential Information shall
include InfoSend’s operations, financial condition,
technology, systems, suppliers, clients or prospective clients, marketing data, plans, pricing, and models, or personnel, unless required by applicable law. Client w ill ensure that its employees and agents similarly abide by the requirements hereof. Where possible, Client will
promptly notify InfoSend of its receipt of a Request to Disclose and Confidential Information, and InfoSend shall be responsible to timely make appropriate objections
thereto. InfoSend acknowledges that Client is a public
agency and subject to the disclosure requirements of the California Public Records Act.
InfoSend, and its licensors, where applicable , owns all rights, title and interest, inclu ding all related Intellectual Property Rights, in and to InfoSend technology, the
content and the Service s. The InfoSend name, the
InfoSend logo, and the product names associated with the Service are trademarks of InfoSend or third parties, and no right or license is granted to use them.
9 Representations & Warranties
9.1 InfoSend Representations and Warranties
InfoSend represents and warrants that it has the legal
power and authority to enter into this Agreement and that Services will be provided in a professional and
workmanlike manner.
InfoSend warrants that the Services will materially
perform the functions that the Client has selected under normal use and circumstances and that InfoSend shall use commercially reasonable measures to protect Client Data to the extent that it retains such data in the operation of the Services. Provided that Client gives InfoSend written notice of failure to meet the foregoing warranty within sixty (60) days following delivery of any Services, or as otherwise specified in a Statement of Work (“SOW”),
InfoSend warrants that it will use commercially
reasonable efforts to correct any Services that fail to comply with the foregoing warranty. If there is no notice by Client within sixty (60) days following delivery of any Services, or as otherwise specified in a Statement of Work (“SOW”), it shall be deemed Client has accepted the
Services and waived any claims to the otherwise.
9.2 Client Representations and Warranties
Client represents and warrants that it has the legal power and authority to enter into this Agreement and provide to InfoSend all information and data necessary for InfoSend to perform the Services. Client further warrants that it will comply with all laws , regulations, and compliance
requirements applicable to Client’s and User’s activities covered by this Agreement.
9.3 Warranty Disclaimer
Except as expressly set forth in Section 9.1 above, InfoSend disclaims all other representations or warranties, express or implied, made to Client or any other party, including without limitation, any warranties regarding quality,
suitability, merchantability, fitness, for a particular purpose or otherwise of any services or any good provided incidental to the Services provided under this Agreement, to the extent permitted by applicable law.
InfoSend and its licensors and payment processors do not represent or warrant that (i) the use of the Services will be uninterrupted or error -free, or operate in combination with any other hardware, software, system or data; or (ii) the Services will not delay in processing or paying to the extent such delay is caused by things outside the control of InfoSend. Services may be subject to the limitations,
delays, and other problems inherent in the use of the
Internet and electronic communications. InfoSend is not responsible for any delays, delivery failures, or other damage resulting from such problems.
In perfo rming the Services, InfoSend is responsible for producing for print or online display the content that
Client provides to InfoSend. InfoSend is not responsible for reviewing the content for spelling or typos, nor is InfoSend responsible for verifying the a ccuracy or legality of the content. It is Client’s sole responsibility to verify that the content that InfoSend’s applications will produce on Client’s behalf is appropriate for distribution.
9.4 Inbound Communication Services Disclaimer
InfoSend Inbound Communication services are intended
to receive communications and data from clients to
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inbound services have been created with certain available tools and practices, they are depen dent on infrastructure that is inherently not fail -proof, including but not limited to infrastructure such as United States Postal Service
(“USPS”) delivery standards, software, computer
hardware, network services, telephone and SMS services, and email. Examples of situations that could cause failure include but are not limited to: USPS failure to deliver, down phone lines, all lines busy, equipment failure, email address changes, and Internet service disruptions. Client acknowledges that it is aware of t he potential hazards associated with using such infrastructure and will be
responsible for ensuring InfoSend is in receipt of any
communication or data destined for InfoSend. Client
releases InfoSend from any and all liability that results from an unsucces sful communication or data transfer to InfoSend, one which does not produce a confirmation
receipt from InfoSend , except for those instances where such failure is due to circumstances within InfoSend’s
control.
9.5 Outbound Services Disclaimer
InfoSend Outbound Communication services are intended
to create additional methods of communication for clients in support of existing processes. These services are not intended to replace all interaction with clients’ end users or employees. While the outbound ser vices have been
created with certain available tools and practices, they are dependent on infrastructure that is inherently not fail - proof, including but not limited to infrastructure such as United States Postal Service (“USPS”) delivery standards, software, computer hardware, network services,
telephone and SMS services, and email. Examples of
situations that could cause failure include but are not limited to: USPS failure to deliver, down phone lines, all lines busy, equipment failure, email address changes, and Internet service disruptions. For this reason, while
outbound services are valuable in providing enhanced
communication, they are specifically not designed to be used as the sole method to deliver critical messages.
Client acknowledges that Client is aware of the potential hazards associated with relying on an automated
outbound service feature when using InfoSend services .
Client agrees that it is giving up in advance any right to make any claim against InfoSend , and that Client forever releases InfoSend from any and all liability caused by (a) any failed delivery by USPS unrelated to the negligence or misconduct of InfoSend in delivering material to USPS; (b) any failed email delivery; (c) any failed SMS or call
attempts (including excess of call s over and above
network or system capacity), incomplete calls, or any
busy-outs; or (d) any failure to transmit, obtain or collect data from callers or for human and machine errors, faulty or erroneous input, inarticulate caller communication,
caller delays or call lengths exceeding estimated call
lengths or omissions, delays and losses in connection with the Services provided hereunder . S uch release shall
include instances where Client, Client’s employees, or Client’s end user suffer injury or damage due to the failure of outbound services to operate, even though InfoSend
may know or suspect what or how extensive those injuries or damages might be, unless such losses were directly
attributable to InfoSend’s gross negligence or wi llful misconduct.
10 Insurance
10.1 InfoSend’s Insurance Provisions
InfoSend will maintain the following minimum insurance
levels during the Initial Term of this Agreement and any Renewal Terms:
• Commercial General Liability coverage in the amount
of $1,000,000.00 per occurrence and $2,000 ,000.00
in aggregate.
• Automobile Liability Insurance coverage in the
amount $1,000,000.00 per occurrence.
• Umbrella Liability Insurance in the amount of
$5,000,000.00 per occurrence and in aggregate.
• Worker’s Compensation Insurance with at least the
minimum coverage amounts required by law.
• Errors & Omissions Insurance with a $5,000,000.00
coverage limit.
11. Indemnification & Limitation of Liability
11.1 Indemnification
InfoSend is a service provider. As such, Client
acknowledges that data processing involves the risk of
human and machine errors and that InfoSend shall not be liable for any errors, omissions, delays or losses , unless caused by willful misconduct or negligence of InfoSend or its employees.
InfoSend will not be responsible for actions, omissions or delays to Services resulting from incomplete, late or faulty data and/or instructions transmitted by Client. Client shall indemnify, defend and hold InfoSend and InfoSend’s
Affiliate(s) harmless from any and all claims, damages, awards, costs, fees, expenses, interest, and penalties
related to or arising from Client’s breach of any provision of this Agreement, any unlawful conduct of Client, and/or any event beyond the reasonable control of InfoSend or its Affiliate(s), including, without limitation, (a) failures or Item No.7C
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limitations on the availability of third -party
telecommunications or other transmission facilities; (b) Client failure to maintain security or confidentiality of data or access credentials; and/or (c) violation of any applicable laws, regulations or industry standards.
InfoSend shall indemnify, defend and h old Client, its
elected officials, officers, agents and employees harmless from any and all claims, damages, awards, costs, fees,
expenses, interest and penalties related to or arising from the work to be done under this Agreement and/or any
unlawful conduct of InfoSend or its employees, including, but not limited to, third party claims for violation of copyright or intellectual property rights, except where caused by the active negligence or wilfull misconduct of Client.
11.2 Limitation of Liability
In no event shall InfoSend , or its Affiliate(s) be liable for indirect, special or consequential damages even if
InfoSend has been advised of the possibility of such
potential claim, loss or damage. The foregoing limitation of liability and exclusion of cert ain damages shall apply regardless of the success or effectiveness of other
remedies. The aggregate liability of InfoSend and its
Affiliate(s) arising from or relating to this Agreement for any claim shall be limited to the fees that InfoSend
received from Client in the preceding twelve (12) months prior to the accrual of the claim , except for those claims covered by the indemnity provisions and/or covered by
insurance policies.
12 General
12.1 Independent Contractor
Client and InfoSend agree and understand that the
relationship between both parties is that of an
independent contractor. No joint venture, partnership,
employment or agency relationship exists between Client and InfoSend as a result of this Agreement or u se of the Service.
12.2 Governing Law
This Agreement shall be governed by the substantive laws of the state of California without regard to the choice or conflicts of law provisions of any jurisdiction.
12.3 Entire Contract; Amendment
This Agreement (including its Exhibits) contains the entire agreement between the Parties with respect to its subject matter and supersedes all other prior and
contemporaneous contracts and understandings between
the Parties, whether oral or written. Modifications or
changes to this Agreement , other than as specified at
Exhibit B, must be in writing and executed by the parties.
12.4 Severability
If a word, sentence or paragraph herein shall be declared illegal, unenforceable, or unconstitutional, the said word, sentence or paragraph shall be severed from this
Agreement, and this Agreement shall be read as if said
word, sentence or paragraph did not exist.
12.5 Assignment
This Agreement may not be assigned by either party
without the prior written approval of the other party,
unless it is being assigned to (i) a parent or wholly owned subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this
section shall be void.
12.6 Survival
All of the terms of this Agreement which by their nature extend beyond the expiration or termina tion of the
Agreement, including but not limited to indemnification obligations, payment obligations, confidentiality
obligations and limitations of liability, shall survive expiration or termination of the Agreement and remain in full force and effect.
12.7 Attachments
The following documents are attached hereto as Exhibits, and are incorporated by reference in their entirety:
Exhibit A: Scope of Primary Services
Exhibit B: InfoSend Fees
Exhibit C: Professional Services
12.8 Cooperative Agreement (“Piggybacking”)
This Agreement is the result of an open, competitive
procurement process conducted in accordance with
applicable law. The provisions of this Agreement may be extended to other government agencies within the same
jurisdiction, at InfoSend’s discretion.
A government agency wishing to utilize the provisions of this Agreement by entering into a cooperative purchase
agreement will be responsible for issuing its own purchase documents and making any and all payments relative to
its agreement. Any participating government agency is
responsible for obtaining its own certificates of insurance and any required performance bonds. Pricing for a
cooperative purchase agreement will be determined by
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InfoSend and the government agency and will not
automatically carry over from this Agreement.
Client makes no guarantee to other government agencies
that may utilize the provisions of this Agreement. By
utilizing the provisions of this Agree ment, the
participating government agency agrees to hold Client
harmless from all claims, demands, or actions of every
kind resulting directly or indirectly, arising out of, or in any way connected with the utilization of the provisions of this Agreement. Client makes no guarantee to InfoSend that
any other government agency will make use of the
provisions of this Agreement.
[SIGNATURE PAGE FOLLOWS]
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12.9 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.
Agreement is entered into by and between:
InfoSend:
By: _____________________________________
Name: __________________________________
Title: ___________________________________
Date: ___________________________________
Client:
CITY OF THOUSAND OAKS
__________________________________
Kevin McNamee, Mayor
ATTEST:
___________________________________
Laura B. Maguire, City Clerk
APPROVED AS TO ADMINISTRATION:
____________________________________
Andrew P. Powers, City Manager
APPROVED AS TO DEPARTMENT HEAD:
____________________________________
Jaime Boscarino, Finance Director
APPROVED AS TO FORM:
Office of the City Attorney
____________________________________
Tracy Friedl, Assistant City Attorney
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Exhibit A - Scope of InfoSend Primary Services
This Exhibit A is an integral part of and is subject to the terms and conditions of the Master Service Agreement (the “Agreement”) between InfoSend, Inc. (“InfoSend”) and City of Thousand Oaks (“Client”). This Exhibit A provides the Services which InfoSend, and/or its Affiliate(s), shall deliver to Client to permit Client’s customers (“Users”) to use the products and services to view and pay their bills.
To the extent that any term is not expressly defined herein, it shall have the meaning set forth in the Agreement.
Client will select one or more of InfoSend’s Primary Services from the list below by checking the box next to the Primary Service name.
Any Primary Services not selected prior to the execution of this Agreement can be added at a later date via an Agreement Amendment.
X
Data Processing, Printing and Mailing Service (“DPPM Service”): During the term of this Agreement, InfoSend will provide data processing, printing and mailing services. The Service consists of processing data, printing documents, mail preparation, applying postage (where applicable) and sending via the United States Postal Service. Document types include but are not limited to bills, postcards and letters.
eBusiness Services (the “eBusiness Services”): During the term of this Agreement InfoSend will provide eBusiness Services. These services can include presenting bills online and/or accepting and reporting payment transaction information to facilitate ACH and/or credit card payments via web, Interactive -Voice-Response (IVR), SMS, or Bank Billpay (e-Lockbox).
Section 1. Data Processing, Printing and Mailing (DPPM) Service Description A. Data Transfer and Processing
• Client to transmit data to InfoSend in an agreed upon format. Should Client make changes to data file format after initial setup is complete, it agrees to pay for the professional services required to accommodate the new file format. See Exhibit C – Professional Services – for information on initial setup and ongoing programming changes. • Client will monitor transfer confirmation emails to ensure InfoSend is in receipt of the data. Client acknowledges that InfoSend will not be responsible or liable for any transferred data which does not result in a confirmation receipt to Client. • A File Transfer Report will be emailed to the Client representatives who have opted -in to this email. A copy of this report is also available to download from the InfoSend website.
• Client will have access to an online Job Tracking application that shows the progress of each file as it is processed and becomes a batch of documents to be printed and mailed. Client can see both the original input file name and the InfoSend -assigned “Job Code”.
• InfoSend will process the mailing addresses and perform the following functions:
o Apply CASS-certified address validation
o Comply with USPS requirements to obtain pre-sort automation rates for qualified client mail pieces o Stay current with all USPS regulations required to mail presorted first-class mail • InfoSend will optionally provide proofs of the final print-ready PDF files to Client to be reviewed and approved before printing begins (if requested).
B. Document Printing and Mailing
• Batches are printed by InfoSend using a high-speed production process onto the agreed upon forms. • Printed documents are put through a quality control process and then released to the mailing department to be inserted into outgoing envelope. A return envelope and any applicable inserts are included as defined by client workflow. • After a batch of mail is completed in InfoSend’s system it will be marked as such in the online Job Tracker and a Process Confirmation Report will be emailed to the Client represent atives who have opted -in to this email. A copy of this report is also available to download from the InfoSend website.
Section 2. eBusiness Service Description
NOT APPLICABLE
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Exhibit B - InfoSend Fees
This Exhibit B is an integral part of and is subject to the terms and conditions of the Master Service Agreement (the “Agreement”) between InfoSend, Inc. (“InfoSend”) and City of Thousand Oaks (“Client”). This Exhibit B provides the Fees which InfoSend shall bill to Client in exchange for Services. To the extent that any term is not expressly defined herein, it shall have the meaning set f orth in the Agreement.
Section 1. Price Escalations to InfoSend Fees
InfoSend may adjust the InfoSend Fees once every t welve (12) months to account for increases in the cost of materials, labor, and other overhead costs. If any such price increases occurs, it shall be capped at the greater of CPI-U (Consumer Price Index for All Urban Consumers, Los Angeles, Long Be ach, Anaheim), or ten percent (10%). The Client will be notified, in writing, at least thirty (30) days prior to such price increase. An amendment to the Agreement will not be required if the Fees are changed, u nless other terms or conditions of the Agreement have changed. Postage fees can change at any time per USPS regulations and do not require an amendment to the Agreement.
Additionally, InfoSend reserves the right to increase paper, form, and envelope fees as needed, with thirty (30) days’ notice to Client, in the event of extraordinary increases to the cost of paper rolls. Extraordinary increases are defined as an increase of ten percent (10%) or more over any twelve (12)-month period. The Client will be n otified, in writing, at least thirty (30) days prior to such price increase and InfoSend will provide evidence of these costs increases upon Client’s request.
InfoSend pricing is predicated on Client representations of Client and Client User transactional usage. Should Client’s actual continuous volume and/or recurring frequency deviate by more than thirty percent (30%) from what Client has represented to InfoSend in Section 2 below, then InfoSend reserves the right to invalidate the Fees listed in this Agreement. Should this situation arise then InfoSend will notify Client immediately and negotiate with Client in good faith to pass on any increased costs to Client, in accordance with actual Client and Client User transactional usage. Should InfoSend and Client fail to agree upon updated Fees, InfoSend reserves the right to terminate this Agreement with one hundred and eighty (180) days’ notice.
Section 2. Client Representations
Client Volume Representations
Customers Contacted or Billed Monthly
18,317 Printed
Number of Batches Monthly
TBD
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Section 3. DPPM Fees:
The total compensation payable to Consultant by City for the services under this Agreement SHALL NOT EXCEED the sum of $1,325,000 (herein "not to exceed amount"), and shall be earned as the work progresses on the following basis:
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Section 3.1. Custom Forms/Envelopes
If Client has selected the Printing and Mailing Service and at any time requests that InfoSend Fees include the cost of custo m Client- specific materials (either in this Agreement or since its execution), then Client understands and accepts that these mater ials will be purchased in bulk to achieve the lowest possible per-unit cost. Client agrees to purchase any remaining supplies of requested custom materials (normally forms or envelopes) if Client stops using InfoSend’s Service for any reason. Client agrees to purchase the remaining supply of custom forms/envelopes upon Client’s request to change the custom forms/envelopes before the supply has been depleted.
Section 3.2. USPS Postage Rates
Postage rates are determined by the United States Postal Service. All postage rate changes are determined directly by USPS and are independent of any InfoSend service or materials fees. In no event shall any change in the postage rates affect the InfoSend service or materials fees. The Client will be invoiced the amount of excess for overweight and foreign mail.
Section 3.3. Postage Deposit
InfoSend purchases the postage needed to mail Client documents on the day of mailing. The postage charges are later invoiced to Client based on the Client’s payment terms. InfoSend requires Client to submit a postage deposit prior to the first mailing to facilitate the payment terms. This amount will remain in deposit for the duration of the Agreement. Upon Agreement expiration or termination Client must pay in full any outstanding invoices from InfoSend for payables created under this Agreement; the postage deposit will be refunded within fifteen (15) days of the date that the last open invoice is paid.
The postage deposit is subject to an annual review and may be adjusted to account for changes to Client average mailing volume or changes to USPS postage rates. There will be no more than one adjustment requested per year, if at all.
The postage deposit amount is calculated by multiplying the estimated number of mail pieces per m onth by the current 5 -Digit pre- sorted first class postage rate. The postage deposit amount due for your account is:
18,317 mail pieces per month x $0.455 = $8,334.24
Section 4. eBusiness Service Fees:
Not Applicable
Section 5. Client Go-Live and Fees
InfoSend will provide Client with a Demo instance of the System to approve configuration and simulation of Services. Upon Cli ent approval of the Demo instance of the System and sample outputs from Services, InfoSend will create a copy of Demo System in Production for completion of final User Acceptance Testing (UAT). Client will be given the UAT Period to complete internal tes ting prior to initiating Go -Live. All Setup and recurring Monthly Fees will become due upon the sooner of (a) Client Go -Live with t he application or (b) 60 days from InfoSend delivery of Production System for UAT.
Section 6. Implementation Project Cost Subsidization:
InfoSend’s internal costs to complete the project is higher than the Setup fees given. InfoSend has subsidized these f ees by factoring in years of service given the term of the Agreement. Should Client cancel the project or terminate the Agreement at its conv enience less than one (1) year from the Effective Date then it must pay according to the below:
• DPPM Setup Fee: No charge for Express PDF Setup Input files or $2,500 for Data-Only Input Files • EBPP Setup Fee: 100% of Setup fees quoted or listed as “Waived” in the pricing exhibit.
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Exhibit C – Professional Services
This Exhibit C is an integral part of and is subject to the terms and conditions of the Master Service Agreement (the “Agreement”) between InfoSend, Inc. ( “InfoSend”) and City of Thousand Oaks (“Client”). This Exhibit C provides InfoSend’s Professional Ser vices Fees which InfoSend shall bill to Client in exchange for Professional Services. To the extent that any term is not expressly defined herein, it shall have the meaning set forth in the Agreement.
Section 1. Price Escalations to InfoSend Professional Services Fees InfoSend Professional Services Fees can be adjusted once every twelve (12) months to account for increases to the cost of pro viding these services. InfoSend reserves the right to increase Professional Services Fees on an annual basis, starting with the first anniversary of the Agreement date, if needed. If any such price increases occurs, it shall be capped at the greater of CPI -U (Consumer Price Index for All Urban Consumers, Los Angeles, Long Beach, Anaheim), or ten percent (10%). The Client will be notified, in writing, at least thirty (30) days prior to such price increase. An amendment to the Agreement will not be required if the Professional Services Fees are changed, unless the terms or conditions of the Agreement have changed.
Section 2. Definition of Professional Services
InfoSend Professional Services are the technical services that are required to perform the initial setup of the InfoSend Primary Services defined in Exhibit A and the technical services required to make changes to these Primary Services after the initial setup is complete.
Once any Primary Service is live and operational Professional Services will not be required unless Client requests a change o r makes changes to its data file format or business rules which nece ssitates a change to InfoSend’s system configuration or programming.
Examples of InfoSend Professional Services:
• Project requirements gathering and analysis hours
• Project management and/or consulting hours
• Software development and system configuration hours related to the processing of Client’s data • Software development and system configuration hours related to document design, web portal setup, business rule configuration, or any other applicable technical services • Application testing and deployment hours
Section 3. Professional Services Fee and Process for Approval and Payment of Fee The current Professional Services Fee is $175.00 per hour . In the event that a project will incur billable Professional Services hours, Client will be informed before work b egins. InfoSend and Client will execute a Statement of Work for the project that Client wants InfoSend to undertake. The payment terms for the project depend on the size and scope of the project. The Statement of Work c an include payment terms that are different than the terms listed in this Agreement for InfoSend Fees, otherwise these terms will apply and the project fees will be invoiced upon project completion. Small projects that incur less than five (5) hours of Professional Services can be initiated without a Statement of Work if Client accepts and executes a Programming Quote for this work.
Any project that will take more than five (5) hours of Professional Services work will require both parties to execute a formal Statement of Work. Depending on the nature of the work required, InfoSend will provide one of the following quotation methods:
• Fixed Quote – a fixed project cost will be set. InfoSend may elect to waive this cost in some circumstances. Client understands and accepts that it must accept the terms and conditions of the Statement of Work for the project and that changes made to the project requirements, data file structure, etc., after the Statement of Work and any amendments to it have been finalized will require Client to pay for these changes on a Time and Materials basis. Client will be notified immediately if this scenario arises and will be given an option to keep the original project specifications to keep the fixed quote in place.
• Time and Materials Quote – should it no t be possible to provide a fixed quote due to the nature of a Client’s requested project, then InfoSend will provide an estimated number of hours to complete the project and bill the hours on a Time and Materials basis. The Statement of Work will include t he terms and conditions for these project types and Client will be invoiced weekly for the hours spent on the project.
Section 4. Initial Setup Cost: InfoSend Primary Services The Initial Setup cost for the InfoSend Primary Services selected in Exhibit A are listed in Exhibit B. These costs have been provided using a Fixed Quote process, explained in Section 3 above. Client understands and agrees to these terms, and to the project -specific terms and conditions that will be provided in the Statement of Work that will be created to capture Client’s specific requirements and data types.
Item No.7C
TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:January 10, 2023
SUBJECT: Woolsey Fire Landscape Restoration – La Granada Reservoir Site (MI 2593)
RECOMMENDATION:
1. Authorize staff to advertise landscape restoration at La Granada Reservoir Site (MI 2593) for construction bids.
2. Find that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15301.
FINANCIAL IMPACT:
No Additional Funding Requested. Minimal staff time and costs to advertise for bids is included in the Adopted FY 2022-23 Water Fund Budget. $1,187,000 is included in the Adopted FY 2022-23 Water Capital Budget and Landscape Budget (MI 2593). The estimated total project cost is $910,800. Staff is seeking grant opportunities with Federal Emergency Management Agency (FEMA) that could potentially offset up to 75 percent of the total project costs.
BACKGROUND:
The La Granada Reservoir was built in 1989, followed by installation of irrigation and landscaping to protect the engineered slopes surrounding the reservoir. The landscaping and the irrigation system at the reservoir site were damaged by the Woolsey Fire in November 2018.
In October 2019, City awarded a task order to Pacific Coast Land Design (PCLD) to provide design services for restoration of the landscape and irrigation system destroyed by the Woolsey Fire. Completion of the new pump station construction project at the La Granada site (CI 8082) was required to be completed before starting the subject landscape restoration work. The pump station project was delayed several times due to COVID-19 supply chain shortages and is currently in the closeout process.
Item No.7D
Woolsey Fire Landscape Restoration – La Granada Reservoir Site (MI 2593) January 10, 2023
4 6
5 The landscape project has also been redesigned to comply with the new 2022 landscape permitting requirements of the Ventura County Fire Department. In addition, in response to current statewide drought conditions, the project underwent planting and irrigation modifications implementing new irrigation components and new planting spacing.
DISCUSSION/ANALYSIS:
Staff is requesting City Council’s authorization to advertise and receive bids for the irrigation and landscape restoration at the La Granada Reservoir Site. Once bids are received, staff will seek City Council’s award of the construction contract.
The project plans and specifications are complete and available for review upon request to the Public Works Department by e-mail at [email protected] or by phone at (805) 449-2400.
Bid Phase January – February 2023
Award of Construction Contract March 2023
Start of Construction May 2023
Project Completion November 2023
The estimated project cost is as follows:
Design (encumbered) $ 33,800
Design/Construction Support (future) $ 15,000
Construction (future) $ 775,000
Construction Contingency (future) $ 70,000
Special SWPPP/QSP Inspection (future) $ 17,000
Total Estimated Project Cost $ 910,800
Staff is seeking grant opportunities with Federal Emergency Management Agency (FEMA) that could potentially offset up to 75 percent of the total project costs.
FEMA has approved a grant of 75 percent of the final restoration costs.
The La Granada Reservoir Site Landscape Restoration Project is categorically exempt from CEQA per Section 15301 (Repair/Maintenance of an Existing Facility).
Item No.7D
Woolsey Fire Landscape Restoration – La Granada Reservoir Site (MI 2593) January 10, 2023
4 6
5 Community Outreach: Staff has established a public outreach plan for the project, with particular focus on the residents located adjacent to the project, as well as the general public. Various communication tools and strategies, including community meetings (if needed), press releases, website updates, and social media posts will continue to be utilized to inform the public and receive feedback. The dedicated project website originally created for the La Granada Pump Station Project, CI 8082, www.toaks.org/lagranada will be updated with project information.
This project meets City Council’s Top Ten Priorities #9 to, “Public Works 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.
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: Elaine Camia, Associate Engineer
Attachment:
Attachment #1 – Vicinity and Location Maps
DPW: 850-20\ec\ev\Council\2023\01102023\MI 2593\ La Granada Landscaping staff report.docx Item No.7D
N Westlake Bl
Erbes Rd
N Lynn Rd
N Moorpark Rd
E Janss Rd E Kanan Rd
E Thousand Oaks Bl
W Hillcrest Dr
E Hillcrest Dr
La Granada Dr
Thousand Oaks Bl
W Janss Rd
Hampshire Rd
S Moorpark Rd
Lynn Rd
CI 5292 - La Granada Reservoir Improvements
LOCATION MAP
VICINITY MAP
Proposed
Project
Hillcrest
Conejo School
Rye
Lone Oak
Twin Oaks
Makenzie
Ranch View
Wynn
Mountain Crest
Mountain Crest
La Granada Reservoir
Proposed
Project
0 0.8 1.60.4
Miles
m
Tara
Reservoir
m 0 0.1 0.190.05
Miles
$77$&+0(17
'3:
?HF?HY?&RXQFLO???0,
?/D*UDQDGD/DQGVFDSLQJ$WWSGI
Woolsey Fire Landscape Restoration -
La Granada Reservoir (MI 2593)
Item No.7D
TO:Andrew P. Powers, City Manager
FROM:Jaime Boscarino, Finance Director
DATE:January 10, 2023
SUBJECT: Development Impact Fees: Annual Review of Accounts as of June 30, 2022
RECOMMENDATION:
1. Receive and file report.
2. Find that this action is not a project as defined under section 15378(b)(5) of the California Environmental Quality Act Guidelines.
FINANCIAL IMPACT:
No Additional Funding Requested. Minimal staff time to complete staff report is included in the Adopted FY 2022-23 General Fund Budget. The City received Development Impact Fee Revenue in Fiscal Year 2021-22 in the amount of $2,859,994.
BACKGROUND:
The Mitigation Fee Act (the Act) is contained in the California State Government Code Section 66000 et seq. and governs the establishment and administration of Development Impact Fees (Fee). These Fees are charged to new development projects. Fee revenue is required to be used for new public capital facilities which are necessitated by new development, such as intersection improvements, traffic signals, street widening, interchange improvements, and additional water and wastewater infrastructure. Fee revenue must be separately accounted for and used for the specific purpose for which the Fee was collected. The City has 18 Development Impact Fees that have been established via City Council resolutions. Expenditures/expenses are authorized through the biennial Capital and Operating Budgets.
Item No.7E
Development Impact Fees
January 10, 2023
DISCUSSION/ANALYSIS:
The Act requires that the City prepare an annual accounting review of all Fees.
This review is made available to interested parties and the public at least 15 days prior to the time the report is presented to City Council. This report is to be received and filed by City Council. Attachment #1 lists the name of each Fee, the legislative history referencing the corresponding ordinance or resolution, and a brief description of the Fee. Attachment #2 includes the beginning balance, annual revenue, annual interest, annual expenditures/expenses, and ending balance as of June 30, 2022, for each Fee.
The Act also requires that the City identify any Fee revenue which has been held for more than five years without being expended. The chart below provides the analysis for FY 2021-22:
Fund Unexpended
Balance Expenditures 5th Year
Name 6/30/2017 07/01/17-06/30/22 Revenue
1Road Payback 36,661$ 25,006$ 11,655$ 2Master Plan Traffic Signal 531,039 466,061 64,978
3Newbury Park Rd Imprv 3,917,952 4,256,433 -
4Suppl Traffic Signal Const 460,432 436,320 24,112
5Suppl Traffic Signal Maint 901,762 730,960 170,802
6Wendy/101 Interchange (320,101) 3,494 -
7Borchard Rd/US 101 Intchg 291 206,968 -
8Moorpark Rd/US 101 Intchg - - -
9Lynn Road Payback Fee - - -
10Thousand Oaks Rd Improv 3,230,152 3,057,370 172,782
11Air Quality Impact 1,212,381 1,252,730 -
12Fire Protection Facilities 19,350 - 19,350
13Police / Library Capital Fees 1,850 422,809 -
14Citywide Traffic Impact Fees - 8,715 -
15Wastewater Capital Fees (21,042,344) 3,985,825 -
16-18Water Capital Fees 4,618,481 3,790,034 828,447
Total (6,432,094)$ 18,642,725$ 1,292,126 Development Impact Fees - 5th Year Revenue Analysis
Item No.7E
Development Impact Fees
January 10, 2023
Based on the analysis, there are seven fees that have unexpended 5th year revenue. A brief discussion of each fee is below:
1. The Road Payback (DF0921/531), Master Plan Traffic Signal (DF0079/551), Supplemental Traffic Signal Construction Fee (DF0082/552), Thousand Oaks Road Improvement (DF0922/543), and the Water Capital Fees (Fund 612) “5th year revenue” have been budgeted for expenditure/expense in the FY 2022-23 Capital Improvement Budget adopted by Resolution No. 2021-023.
2. Fire Protection Facilities Fees (DF0946/563) are transferred to Ventura County when requested.
3. The Supplemental Traffic Signal Maintenance Fees (DF0080/553) are anticipated to be fully spent in FY 2023-24. This fee is no longer being collected.
The following chart provides a summary of all revenues collected for each Fee over the past five years.
# Name FY 2017-18 FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 Total 1 Road Payback -$ -$ 210$ -$ 11,375$ 11,585$ 2 Master Plan Traffic Signal* 147,708 121,305 - - - 269,013 3 Newbury Park Rd Improv* 396,886 62,028 - - - 458,914
4 Suppl Traffic Signal Const* - - - - - -
5 Suppl Traffic Signal Maint* - - - - - -
6 Wendy Dr/101 Intchg 512,695 179,456 199,541 1,895 - 893,587 7 Borchard Rd/US 101 Intchg 173,823 13,145 12,121 7,059 - 206,148 8 Moorpark Rd/US 101 Intchg - 23,927 21,317 - - 45,244
9 Lynn Road Payback Fee - 18,520 - - - 18,520
10 Thousand Oaks Rd Improv* 402,196 270,413 - - - 672,609 11 Air Quality Impact 12,999 3,517 2,859 - - 19,375
12 Fire Protection Facilities 45,406 19,415 40,794 59,691 41,386 206,692 13 Police/Library Capital Fees 92,128 43,808 94,345 116,104 76,423 422,808 14 Citywide Traffic Impact Fees - - 504,475 227,316 809,726 1,541,517 15 Wastewater Capital Fees 571,933 758,714 1,033,785 312,280 1,309,114 3,985,826 16-18Water Capital Fees 239,428 157,360 249,553 112,054 611,970 1,370,365 2,595,202$ 1,671,608$ 2,159,000$ 836,399$ 2,859,994$ 10,122,203$ *Fees are no longer collected based on the new Citywide Traffic Impact Fee Five-Year History By Revenue
The current projects, including all funding sources and approximate dates of funding, can be found in the FY 2021-23 Capital Improvement Program Budget on the City’s website at https://www.toaks.org/cipbudget.
Item No.7E
Development Impact Fees
January 10, 2023
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: Blanca Gomez, Sr. Accountant
Attachments:
Attachment #1 – City of Thousand Oaks Development Impact Fees Attachment #2 – City of Thousand Oaks Development Impact Fees – Detail
FIN:330-40\bg\H:\COMMON\ACFLR\Developer Fees\Impact_fees\2021-2022\011023 Development Impact Fees Staff Report.doc
Item No.7E
FIN:330-40\bg\H:\COMMON\ACFLR\Developer Fees\Impact_fees\2021-2022\AB 1600 Review for Accounting.doc ATTACHMENT #1
City of Thousand Oaks
Development Impact Fees Summary & Purpose
# Fee Name Fee Authority/Last Adjustment Purpose/Application 1 Roa
d Payback Fee Res. 66-56, 78-548, 80-312, 80-
402, 97-105, 2001-73, 2005-064,
2007-053, 2009-034 4/21/2009,
2011-017 4/26/2011, 2013-028
4/23/2013, 2019-012 4/24/19,
2021-012 4/27/21
Reimbursement for road
projects constructed in advance
of development
2 M
aster Plan Traffic
Signal Fee*
Res. 80-402, 97-106, 2001-74,
2005-064, 2007-053, 2009-034
4/21/2009, 2011-017 4/26/2011,
2013-028 4/23/2013, 2015-019
4/28/2015, 2019-011 04/24/19
Master Plan Traffic Signals
3 N
ewbury Park Road
Improvement Fee*
Res. 97-107, 2001-75, 2005-064,
2007-053, 2009-034 4/21/2009,
2011-017 4/26/2011, 2013-028
4/23/2013, 2015-019 4/28/2015,
2019-011 04/24/19
Arterial street improvements
constructed in Newbury Park
area of City.
4 Sup
plemental Traffic
Signal Construction Fee*
Res. 77-385, 97-108, 2001-76,
2003-41, 2005-064, 2007-053,
2009-034 4/21/2009, 2011-017
4/26/2011, 2013-028 4/23/2013,
2015-019 4/28/2015, 2019-011
04/24/19
Requirement for Traffic Signals
not on City’s Master Plan of
Traffic Signals
5 Sup plemental Traffic
Signal Maintenance Fee*
Res. 77-385, 97-109, 2001-77,
2005-064, 2007-053, 2009-034
4/21/2009, 2013-028 4/23/2013,
2015-019 4/28/2015, 2019-011
04/24/19
Maintenance Fee for
Supplemental Traffic Signals
6 We
ndy Drive/US 101
Interchange Fee
Res. 2006-059, 2007-053, 2009-
034 4/21/2009, 2011-017
4/26/2011, 2013-028 4/23/2013,
2015-019 4/28/2015, 2019-012
4/24/19, 2021-012 4/27/21
Wendy Drive Interchange
Improvements
7 Bo
rchard Road/US 101
Freeway Overcrossing
Fee
Res. 97-111, 2001-79, 2005-064,
2007-053, 2009-034 4/21/2009,
2011-017 4/26/2011, 2013-028
4/23/2013, 2015-019 4/28/2015,
2019-012 4/24/19, 2021-012
4/27/21
Borchard Interchange
Improvements.
Item No.7E
City of Thousand Oaks
Development Impact Fees Summary & Purpose
8 Mo
orpark Road/ US 101
Interchange Fee
Res. 97-112, 2001-80, 2005-064,
2007-053, 2009-034 4/21/2009,
2011-017 4/26/2011, 2013-028
4/23/2013, 2015-019 4/28/2015,
2019-012 4/24/19, 2021-012
4/27/21
Moorpark Interchange
Improvements.
9 L
ynn Road Payback Fee Res. 88-190, 97-64, 97-114, 2001-
81, 2005-064, 2007-053, 2009-
034 4/21/2009, 2011-017
4/26/2011, 2013-028 4/23/2013,
2015-019 4/28/2015, 2019-012
4/24/19, 2021-012 4/27/21
Reimbursement for Lynn Road
construction.
10 Thousand Oaks Road
Improvement Fee*
Res. 2005-064, 2007-053, 2009-
034 4/21/2009, 2011-017
4/26/2011, 2013-028 4/23/2013,
2015-019 4/28/2015, 2019-011
4/24/19
Arterial street improvements
constructed in Thousand Oaks
area of City.
11 Air Quality Impact Fee Ventura County Air Pollution
Control Board
Mitigation of Air Quality Impacts
12 Fire Protection Facilities
Fee
Ord. 1176-NS Res. 93-68 4/27/93 Expansion and construction of Fire Stations.
13 Library/Police Facilities
Development Fee
Ord. 852-NS, Res. 84-40, 97-115,
2001-072, 2003-42, 2005-063,
2007-052 4/24/07
Construction of East Valley Law
Enforcement Facility.
14 Citywide Traffic Impact
Mitigation Fees
Res. 2019-11 4/24/19, 2021-012
4/27/21 Mitigating the significant
cumulative environmental
impacts of traffic generated by
Residential properties within the
City.
15 Wastewater Connection
Charge
Res. 77-385, 78-547, 80-402,
2001-082, 2011-012, 1694-NS
12/14/21
Connection to the City’s
Wastewater System
16 Water Fire Flow
Surcharge Fees
Ord. No. 1603-NS, 1/13/2015,
1654-NS, 1/1/19, 1694-NS
12/14/21
Special Charges for Fire Flow
Standards
17 Water Plant Investment
Fee
Ord. No. 1603-NS, 1/13/2015,
1654-NS, 1/1/19, 1694-NS
12/14/21
Connection to the City’s Water
System
18 Water Special Facilities
Surcharge Fees
Ord. No. 1603-NS, 1/13/2015,
1654-NS, 1/1/19, 1694-NS
12/14/21
Special charges based on Zone
*Fees are no longer collected based on the new Citywide Traffic Impact Fee FIN:330-40\bg\H:\COMMON\ACFLR\Developer Fees\Impact_fees\2021-2022\AB 1600 Review for Accounting.doc Item No.7E
ATTACHMENT #2
CITY OF THOUSAND OAKS
Development Impact Fees
For Fiscal Year 2021-22 July 1, 2021 June 30, 2022
Beginning Interest Expenditures Ending
# Fee Name Fund Balance Fee Income Income /Transfers Fund Balance 1 DF0921 Fund 531
Road Payback Fee 39,238$ 11,375 $ 303 $ (24,450)$ 26,465 $ CI5297 Lawrence Dr & Teller Rd 24,450
2 DF0079 Fund 551
Master Plan Traffic Signal Fee 577,401 0 4,895 (78,510) 503,786 CI5297 Lawrence Dr & Teller Rd 78,152
Transfer to GF (Reimburse P/R costs) 358
3 DF0918 Fund 532
Newbury Park Road Improvement Fee 1,120,075 0 8,149 (795,543) 332,681 CI4501 Newbury Rd Imp
r 116,726
CI5297 Lawrence Dr & Teller Rd 678,545
CI5265 Solar Canopies 222
Reprographics 50
4 DF0082 Fund 552
Supplemental Traffic Signal Construction Fe
e 51,772 0 469 (3,000) 49,241
CI5297 Lawrence Dr & Teller Rd 3,000
5 DF0080 Fund 553
Supplemental Traffic Signal
Maintenance Fee 308,325 0 2,474 (99,178) 211,621
Transfers out to Lighting/Landscaping DF0080 99,178
6 DF0915 Fund 530
Wendy Dr/US 101 Interchang
e 596,100 0 5,412 0 601,511
7 DF0911 Fund 534
Borchard Road/US 101 Fwy Overcrossing Fe
e 18 0 (18) 00
8 DF0912 Fund 535
Moorpark Road/US 101 Interchange Fee 00 0 00
9 DF0913 Fund 536
Lynn Road Payback Fe
e 00 0 00
10 DF0922 Fund 543
Thousand Oaks Road Improvement Fe
e 1,206,016 0 10,201 (114,484) 1,101,733
CI5308 Rancho Rd Sidewalk/Bike 4,834
CI5337 Sidewalk-Westlake (8,229)
CI5398 TO Blvd Ext/Enhanced Ped 3,408
CI5426 Los Feliz Sidewalks Ph 3 114,471
11 DF2010 Fund 537
Air Quality Impact Fe
e 527,432 0 1,686 (496,288) 32,830
CI5492 Willow Lane Imp 496,288
12 DF0946 Fund 563
Fire Protection Facilities Fee 183,568 41,386 1,949 0 226,903 13 Fund 514
Library/Police Facilities Development Fe
e 2,749 76,423 179 (76,423) 2,928
Transfers out to GF (Reimb Lease payments on East Valley Station) 74,323 Transfers out to GF (Reimb Library Development Various Construction Projects) 2,100 14 DF0923 Fund 544
Citywide Traffic Impact Fees 630,972 809,726 0 0 1,440,698 FIN:330-40\bg\H:\COMMON\ACFLR\Developer Fees\Impact_fees\2021-2022\FY 21-22 Impact Fee DetailWT & WW Item No.7E
CITY OF THOUSAND OAKS
Development Impact Fees
For Fiscal Year 2021- 2022 July 1, 2021 June 30, 2022
Beginning Interest Expenses Ending
# Fee Name Net Positin Fee Income Income /Transfers Net Position 15 Fund 622
Wastewater Connection Charges
Special Interceptor Charges (20,973,902)$ 1,309,114 $ 7,202 $ (1,309,114)$ (20,966,700)$ OP0622 WW Capital Rev - Trnsfr for Debt Srvc Pymnt 1,309,114 16/17/18 Fund 612
Water Fire Flow Surcharge Fees
Water Special Facilities Surcharge Fees
Water Plant Investment Fe
e 4,099,835 611,970 (196,115) (2,083,535) 2,432,155
CI5284 Program Logic Contr Upgrade 1,446,019
CI5450 Water Interconnect 86,951
CI5292 La Granada Reservoir 4,350
CI5454 Pressure Reducing 398,182
CI5511 Water System Improvement 33,233
CI5584 MSC Fire Alarms 10,520
Asset Replacement Fund 104,280
Total (11,630,401) $ 2,859,994 $ (153,215) $ (5,080,525)$ (14,004,147)$ FIN:330-40\bg\H:\COMMON\ACFLR\Developer Fees\Impact_fees\2021-2022\FY 21-22 Impact Fee DetailWT & WW Item No.7E
TO:Andrew P. Powers, City Manager
FROM:Jaime Boscarino, Finance Director
DATE:January 10, 2023
SUBJECT: Annual Appointment of City Treasurer and Adoption of Investment Policy
RECOMMENDATION:
1. Adopt resolution reconfirming Jaime Boscarino as City Treasurer until January 31, 2024 and updating City’s Investment Policy.
2. Find that this action is not a project as defined under the California Environmental Quality Act.
FINANCIAL IMPACT:
No Additional Funding Requested. Minimal staff time to complete staff report and resolution is included in the Adopted FY 2022-23 General Fund Budget.
BACKGROUND:
California Government Code (Code) Section 53607 states that City Council may annually delegate the authority to invest and reinvest City funds to the City Treasurer. City Council last made this delegation to Jaime Boscarino on January 11, 2022.
The City Treasurer’s investment activities are guided by the City’s Investment Policy (Policy). The City first adopted a policy in 1986. The primary investment objectives, in priority order, are safety, liquidity, and yield. The City invests public funds in a manner which will provide the highest investment return, with the maximum security, while meeting the daily cash flow demands of the City.
In addition to reviewing the Policy annually, the City periodically submits the Policy to professional organizations for certification. The Policy was last certified in 2021 by the California Municipal Treasurers Association (CMTA).
Item No.7F
Annual Appointment of City Treasurer and Adoption of Investment Policy January 10, 2023
Section 53646(a)(2) of the Code recommends that the Policy be submitted to City Council at a public meeting on an annual basis. This section also requires that City Council approve any change in the Policy. The current Policy was adopted by City Council on January 11, 2022.
DISCUSSION/ANALYSIS:
Staff has undertaken a thorough internal review of the current Policy. The review included a comparison of the Policy to State law and to recommended model investment policies drafted by the Association of Public Treasurers and CMTA.
Senate Bill 1489, the Local Government Omnibus Act of 2022 (Bill), changed several sections of the Code related to local agency investing. The changes were intended to address ambiguity and timing issues within the current law.
The Bill clarifies that the term of an investment is to be measured from the date of settlement to final maturity rather than from the trade date, with forward settlements limited to 45 days or less. The Policy is already using the settlement measurement and therefore does not need an amendment. For time restrictions on forward settlements, the Code and Policy were previously silent on this issue, necessitating a change to the Policy to include the new requirement. Most new agency issues purchased by the City settle within 30 days of the trade.
In addition, the Bill extends the submission deadline for the quarterly report referenced in Section 53646(b) of the Code from 30 days following the end of the quarter to 45 days. Although the quarterly report in Section 53646(b) has very specific requirements, the report is “encouraged” but not required by Code. If a local agency’s legislative body delegates authority to invest to the treasurer annually pursuant to Code Section 53607 as the City does, a monthly report of those transactions is required within 30 days of the end of the month. Unlike the quarterly report, there are no specific requirements for the required monthly report.
The California Debt and Investment Committee recommends that the required elements of the quarterly report be combined with the monthly transactions for a single comprehensive report submitted within 30 days of the end of the month. To date, the Policy has taken this approach of one merged monthly report within 30 days following the end of the month. The monthly report deadline has not been extended by the Bill, and no change to the Policy is warranted.
The Investment Review Committee (Committee) is tasked with reviewing the Policy and recommending additional changes unrelated to statutory mandates. The Committee requested staff evaluate the City’s portfolio limit for Bankers’ Acceptances (BAs). BAs represent a promised future payment from an issuer with a bank’s guarantee.
The Code limits the amount an agency may invest in BAs to 40 percent of the Item No.7F
Annual Appointment of City Treasurer and Adoption of Investment Policy January 10, 2023
portfolio, with no more than 30 percent of the BAs from a single bank. The Policy uses the 40 percent maximum but places a five percent limit on the BAs of a single issuer. The maximum term permitted by Code and the Policy is 180 days.
Since BAs are similar to commercial paper with the added guarantee of a bank, it would be consistent to set the maximum investment allowed in BAs similar to the 25 percent allowed for commercial paper. BAs are rarely purchased by the City and a change to the current limitation is expected to have an insignificant effect on the Policy. The reduction in allowable BA purchases promotes safety and diversification.
In addition to minor formatting changes, staff proposes the following two substantive changes to the Policy (Attachment #1) based on the Bill and the Investment Review Committee recommendations:
1. Inclusion of a 45-day limit on forward settlements as required by Senate Bill 1489.
2. Reduction of the portfolio limit for Bankers’ Acceptances from 40 percent to 25 percent.
Staff recommends that City Council adopt the resolution (Attachment #2) reconfirming Jaime Boscarino as City Treasurer and updating the Investment Policy.
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: Jane Adelmann, Debt and Investment Analyst Attachments:
Attachment #1 – Redline Investment Policy
Attachment #2 – Resolution Reconfirming City Treasurer/Adopting Updated Investment Policy
FIN:350-10\ja\H:\COMMON\Council\2023\Adminstration\011023 Treasurer Inv Policy Staff Report.docx Item No.7F
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City of Thousand Oaks
Administrative Policies and Procedures
SUBJECT:
Investment Policy
APP NO.:
14.012
Submission Date:
09/24/96
Revision Dates:
Revised Annually by
Resolution
AUTHORITY:
Adop
tion/Approval Date:
Revised Annually;
01/11/2201/10/23
Revision Dates:
DEPARTMENT: FIN
1.0 Policy:
This poli
cy is intended to provide guidelines for t he prudent investment of the City’s funds and to enhance the economic status of the City while pr otecting its pooled cash. Funds will be invested in accordance with this policy and with applicable sections of the California Government Code.
The City’s policy received certification from the California Municipa l Treasurers Association in 2021.
The policy should be resubmitted periodically for peer review and certificatio n to confirm compliance with best practices and industry standards. While a certification does not serve as a substitute for review by the Investment Review Committee or adop tion by City Council, it does demonstrate staff’s due diligence in the preparation and updating of the policy.
2.0 Scope
This policy generally applies to all financial assets of the City which are included in the City’s Comprehensive Annual Comprehensive Financial Report ( CACFR). The City funds subject to this policy are: General Fund, Special Revenue Funds, Debt Service Funds, Capital Project Funds, Enterprise Funds, Internal Service Funds, Trust and Agency Fiduciary Funds, and any other fund authorized by the City Council, unless specifically exempted.
The following assets are exempt from the policy: proceeds of City bond issues, the Hourly/Part-time Employee Retirement Plan, the Other Postemployment Benefits Plan , the Pension Rate Stabilization Trust Fund and assets held by the City as fiduciary for other agencies and subject to separate agency agreement(s). The exempt assets are invested in accordance with regulations established by the State of California and any agreements specific to the funds.
All monies shall be pooled for investment purposes. The investment income derived from the pooled investment account shall be allocated to the c ontributing funds based upon the proportion of the respective average balances relative to the total pooled balance in the portfolio. Investment income shall be distributed to the individual funds not less than annually.
3.0 Objectives
The primary objectives of the City’s investment activities, in priority order, shall be:
3.1. SAFETY : Preserving and protecting principal is the foremost objective of the investment program. Investment activities shall be undertaken in a manner that seeks to ensure the preservation of principal in the overall portfolio. Diversification of the portfolio will spread credit risk over a variety of authorized investment types.
3.2. LIQUIDITY : The City’s investment portfolio shall remain sufficiently liquid to enable the City to meet all operating requirements which can be reasonably anticipated.
ATTACHMENT #1
Item No.7F
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3.3. YIELD (Return on Investments): The City’s inve stment strategy shall be designed with the objective of obtaining a market rate of re turn over budgetary and economic cycles while complying with the list of authorized investments.
4.0 Delegation of Authority/Procedures
Authority to manage the City’s investment program is derived from State of California Government Code Section 53607 and City of Thousand Oaks Ordinan ce 889-NS. Management responsibility for the investment of City funds is delegated annually by City Council to the City Treasurer (“Treasurer”) who shall be responsible for all transactions underta ken and who shall establish a system of controls to regulate the activities of subordinate investment officers.
The Treasurer may authorize the Deputy Finance Director to act as the Treasurer’s deputy in performing the Treasurer’s functions and duties under this policy in the absence of the Treasurer. The Treasurer may authorize a manager in the Finance Department to execute transactions as prescribed by the Treasurer in the absence of the Treasurer and Deputy Finance Director. When acting as the Treasurer’s deputy as provided in this paragraph, the deputy shall be subject to the same limitations, obligations, and requirements as the Treasurer.
The Treasurer shall establish written investment procedures for the operat ion of the investment program consistent with this policy. The procedures should describe custody/safekeeping agreements, repurchase agreements, wire transfer agreements, banking services agreements, cash flow forecasting and collateral/depository agreements. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Treasurer.
5.0 Prudenc
e
The standard of prudence to be used for managing the City's investments shall be California Government Code Section 53600.3, the prudent inve stor standard, which states “when investing, reinvesting, purchasing, acquiring, exchanging, sellin g, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailin g, including, but not limited to, the general economic conditions and t he anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency.”
The standard of prudence to be used by City staff shall be applied in the context of managing the overall portfolio. City staff acting in accordance with written procedures and this policy and exercising due diligence shall be relieved of personal responsibility for an individual security’s credit risk or market price changes. City staff shall ensure that deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments.
6.0 Ethics and Conflicts of Interest
City staff involved in the investment program shall refrain from personal business activity that could conflict with the proper execution of the investment program activities, or which could impair the ability to make impartial investment decisions. City staff shall disclose to the City Manager and on the annual Statement of Economic Interest Form any material financial interests in financial institutions that conduct business with the City, and they shall disc lose any material personal financial/investment positions that could be related to the City’s investment performance.
Item No.7F
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7.0 Providers of Financial Services
The Treasurer shall maintain a list of financial inst itutions formally authorized to provide investment services. The City shall enter into formal contracts for banking services, safekeeping services and investment advisory services.
7.1 Authorized Broker/Dealers
The Treasurer shall formally authorize invest ment broker-dealers to provide investment services to the City. Investment brokers-dealers may be primary dealers or regional brokers with branch offices in the State of California performing the transactions with the City. Broker- dealers must complete a broker-dealer statem ent of qualifications before being approved by the Treasurer. Annually the broker/dealers will acknowledge receipt and execute a certification that the broker-dealer’s employees and supervisory personnel have read and understand the City’s investment policy. The Treasurer ma y periodically reevaluate the approved list of investment broker-dealers, including review of Financial Industry Regulatory Authority (FINRA) reports and requesting updated statements of qualification.
7.2 Contracted Investment Advisor Services
The City may engage the support services of outside investment advisors in regard to its investment program, so long as it can be clea rly demonstrated that these services produce a net financial advantage or necessary financial prot ection of the City's financial resources.
Investment advisors shall follow this policy, St ate law, and other such written instructions as provided by the Treasurer. Contracted investm ent advisors may use their own brokers. The Treasurer may conduct periodic reviews of contracted investment advisors, including review of FINRA reports.
7.3 Safekeeping and Custody
The Treasurer shall select one or more financial institutions to provide safekeeping and custodial services for the City in accordance with the provisions of Section 53608 of the California Government Code. Third-party safekeeping arrangements will be approved by the Treasurer and documented by a written agreement.
The purchase and sale of negotiable securities and repurchase agreement transactions shall be settled on a delivery versus payment basis. Negotiable securities purchased by the City will be delivered by book entry and will be held in third-party safekeeping by a City-approved custodian bank, its correspondent bank or it s Depository Trust Company (DTC) participant account.
Non-negotiable investments such as money market funds, mutual funds, collateralized bank deposits, county investment pools, joint power s authority agreements, and the Local Agency Investment Fund (LAIF) will be in the name of City with statements and/or receipts evidencing investment.
7.4 Banking Services
Banking services for the City shall be provided by qualified depositories of public funds as defined in California Government Code Section 53630.5 and which secure deposits in excess of insurance coverage in accordance with California Government Code Section 53652.
Item No.7F
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8.0 Authorized Investments
Investments and deposits not specifically excluded in Section 2.0 shall be made in accordance with California Government Code Sections 16429.1-16429.4, 53600-53610 and 53630-53686.
Percentage limitations and rating requirements, wher e indicated, apply at the time of purchase.
Although minimum ratings listed use Standard and Poor’s rating scale, an equivalent rating from another nationally recognized rating organization is acceptable. Appendix A provides a comparison of the different credit ratings. Securities that have been downgraded to a level that is below the minimum rating described herein may be sold or held at the Treasurer’s discretion. The portfolio will be brought back into compliance with policy guidelines as soon as it is practical. Securities may not be purchased with a forward settlement date in excess of 45 days from the trade date. Maximum maturity limits are measured from date of settlement to maturity. Investments with maturities exceeding five years require either specific authorization by the City C ouncil or approval by the City Council as part of an investment program no less than three months prior to purchase.
Investments not specifically listed below are deemed inappropriate and are prohibited:
8.1 City Authorized Investments
Authorized
Investment
Govt.
Code
Maximum
Percentage
Maximum
Maturity
Minimum
Quality 1
Other
U.S. Treasury
Obligations 53601(b) No Limit 5 Years None Notes, bonds, bills .
U.S. Agency
Obligations 53601(f) No Limit 5 Years None
Federal agency or
U.S.United States
government-sponsored
enterprise obligations,
participations, or other
instruments.
City of
Thousand
Oaks
Obligations
53601(a)
(e) 5% 5 Years None
Bonds, notes, warrants or
other evidences of
indebtedness
Purchases made in
consultation with bond
counsel
State
Obligations (CA
and others)
53601(c)
and (d) No Limit 5 Years Underlying A,
or SP-1
Registered state warrants,
treasury notes or bonds of
California.
Registered treasury notes
or bonds from any of the
other 49 states.
California Local
Agency
Obligations
53601(e) No Limit 5 Years Underlying A,
or SP-1
Bonds, notes, warrants or
other evidences of
indebtedness of any local
agency within California.
Item No.7F
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Authorized
Investment
Govt.
Code
Maximum
Percentage
Maximum
Maturity
Minimum
Quality 1
Other
Supranationals 53601(q)
20% of
portfolio
10%
single
issuer
5 years AAA
U.S. dollar denominated
senior unsecured
unsubordinated obligations
issued by or unconditionally
guaranteed by:
International Bank for
Reconstruction and
Development
International Finance
Corporation
Inter-American
Development Bank
Medium-Term
Notes 53601(k)
30% of
portfolio
5% single
issuer
2 5 Years A
Issued by:
corporations Corporations
organized and operating in
the United States
or
depository Depository
institutions licensed by the
United States or any state
and operating in the United
States.
Negotiable
Certificates of
Deposit
53601(i)
10% of
portfolio
$250,000
single
issuer
5 Years
Investments
with a single
issuer may
not exceed
$250,000 and
must be
insured by
the Federal
Deposit
Insurance
Corporation
(FDIC) or the
National
Credit Union
Administratio
n (NCUA)
Issued by nationally or
state-chartered banks;
savings or federal
associations; state or
federal credit unions; or
federally licensed or state
licensed branches of
foreign banks.
and
Per 53638 deposits may
not exceed bank
shareholder equity; total
net worth of depository
savings or federal
association; unimpaired
capital and surplus of a
credit union; unimpaired
capital and surplus of
industrial loan companies.
Bankers’
Acceptances 53601(g)
4025% of
portfolio
5% single
issuer
180 Days Issuer rating
of at least A-1
Item No.7F
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Authorized
Investment
Govt.
Code
Maximum
Percentage
Maximum
Maturity
Minimum
Quality 1
Other
Commercial
Paper 53601(h)
25% of
portfolio
5% single
issuer2
270 Days A-1
Corporation must be
organized and operating
within the United States;
have assets in excess of
$500 million; and have at
least an A rating on its long-
term debt, if any;
or
Corporation must be
organized within the
United States as a special
purpose corporation, trust,
or limited liability company;
have program-wide credit
enhancements including,
but not limited to
overcollateralization,
letters of credit or a surety
bond.
Repurchase
Agreements 53601(j) 25% of
portfolio 30 Days N/A
Subject to a Master
Repurchase Agreement
with a Primary Dealer
approved by City Council;
Comply with Government
Code 53601 (j).
Item No.7F
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Authorized
Investment
Govt.
Code
Maximum
Percentage
Maximum
Maturity
Minimum
Quality 1
Other
Bank Deposits
– Collateralized
or FDIC
Insured
53630 et
seq. No Limit 5 Years
Satisfactory
rating from
national bank
rating service
and from
Community
Reinvestment
Act review.
Amounts up to $250,000
per institution are insured
by the FDIC;.
Amounts over the
insurance limit must be
placed with financial
institutions participating in
the California Local Agency
Security Program,
providing for
collateralization of public
funds.
Per 53638 deposits may
not exceed bank
shareholder equity; total
net worth of depository
savings or federal
association; unimpaired
capital and surplus of a
credit union; unimpaired
capital and surplus of
industrial loan companies.
Treasurer may waive
collateral for the portion of
any deposits insured
pursuant to federal law.
The use of private sector
entities authorized by
53601.8 to assist in the
placement of deposits is
NOT permitted.
LAIF 16429.1
et seq.
As permitted
by LAIF N/A N/A
County Pooled
Investment
Funds
53684 20% of
portfolio N/A None Joint Powers
Authority Pool 53601(p)
15% of
portfolio
10% from
single pool
or
maximum
allowed by
JPA
whichever
is less
N/A None
JPA must be
organized Organized
pursuant to Section 6509.7;
Iinvest in securities in
53601 subdivisions (a) to
(q); and
retain Retain investment
advisor registered or
exempt from registration
with the SEC, with at least 5
years’ experience, and has
assets under management
in excess of $500 million.
Item No.7F
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Authorized
Investment
Govt.
Code
Maximum
Percentage
Maximum
Maturity
Minimum
Quality 1
Other
Money Market
Funds 53601(l) 15% of
portfolio N/A
Fund must
either have
the highest
ranking by not
less than 2
NRSROs
Retain an investment adviser
registered or exempt from
registration with the SEC with
5 years’ experience
managing money market
funds in excess of $500
million.
Mutual Funds 53601(l)
15% of
portfolio
5% from
single
mutual
fund
company
N/A
Fund must
either have
the highest
ranking by not
less than 2
NRSROs
Fund must invest in
securities that comply with
the investment restrictions
of 53601 (a) through (k) and
(n) through (o); and
Retain an investment
adviser registered or
exempt from registration
with the SEC with 5 years’
experience managing
money market funds in
excess of $500 million.
1 Standard and Poor’s rating system is used for minimum quality requirements. An equivalent rating from another nationally recognized rating organization is acceptable. Appendix A. provides a comparison of the different credit ratings.
2 No more than 10 percent of portfolio may be invested in the commercial paper and the medium-term notes of a single issuer.
9.0 Ineligible Investments
Investments not described above as authorized inve stments are ineligible for purchase. The policy specifically prohibits the investment of any funds in common stock, financial futures, options, inverse floaters, range notes, or mortgage-derived, interest-only strips.
Government Code Section 53601.6(b)(1) also prohibits the investment in any security that could result in zero-interest accrual if held to maturity. Per the California Debt and Investment Advisory Commission, zero interest accrual is defined as a secu rity having the potential to realize zero interest based on the structure of the security. Therefore, zero coupon bonds, discounts notes, and similar investments that are purchased below face value are authorized. This Section does not apply to investments in shares of beneficial interest issu ed by diversified management companies registered under the Investment Company Act of 1940 that are authorized pursuant to Government Code Section 53601(l).
Despite the above restriction, purch ases of securities issued by, or backed by, the United States government that could result in zero- or negative-interest accrual if held to maturity are permitted in the event of, and for the duration of, a period of negat ive market interest rates pursuant to Government Code Section 53601.6 (b)(2). Investments may be held until maturity. This exception shall remain in effect until January 1, 2026, at which time it is repealed.
10.0 Collateralization
Collateralization is required on two types of invest ments: uninsured bank deposits and repurchase agreements.
Uninsured bank deposits may only be invested with financial institutions which participate in the California Local Agency Security Program (LASP) administered by the Ca lifornia Department of Item No.7F
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Business Oversight. LASP provides for collate ral requirements, oversight and monitoring, and reporting by financial institutions.
Collateral is also required for repurchase agreements . The market value of securities that underlie a repurchase agreement shall not be allowed to fall below 102% of the value of the repurchase agreement and the value shall be adjusted no less than quarterly. Securities that can be pledged for collateral shall consist only of securities permitted in this policy. Collateral shall be held by an independent third party with whom the City has established a custodial agreement.
11.0 Investment Pools
Investment pools include LAIF, county pooled investment funds, shares of beneficial interest (mutual funds and money market funds), and joint powers authority pools. A thorough investigation of any pool or fund is required prior to the City’s investment and on a periodic basis while funds are invested. The investigation will include review of the following items:
Eligible investments;
Investment policy and/or investment objectives;
Security safeguarding, settlement process, pricing;
Allowable deposits and withdrawals;
Interest calculation, distribution, and treatment of gains/losses; Schedule for receiving statements and portfolio listings; Fees.
12.0 Review of Portfolio
The securities held by the City must be in compliance with the authorized investments in Section 8.0 at the time of purchase. Because the City is typica lly a buy and hold investor, some securities may not comply with this section subsequent to the date of purchase. The Treasurer shall at least quarterly review the portfolio to identify those securities that do not comply and establish procedures to report these securities to the City Council and the Investment Review Committee.
13.0 Competitive Offers
It is preferred that investment purchases be made through a competitive offer process with three quotes. This policy, however, reco gnizes that competitive offers may not always be applicable or practical. If the City is offered a security for which there is no other readily available competitive offering on the same issue, then quotes for comparable or alternative securities will be documented.
Competitive quotes are not required for U.S. Treasury instruments if the offer is within one quarter of a thirty-second of the offer price as posted by Bloom berg or similar pricing service. When purchasing original issue securities, competitive offerings are not required as those securities are offered at the same original issue price.
14.0 Diversification
The Treasurer shall diversify the investment portfolio by security type, institution, and maturity. The restriction on concentration in a single security type or institution is detailed in Section 8.0.
15.0 Maturities
Individual investments within the investment portfo lio are limited to a maximum of five years except where further limited by State Law and/or this policy. The City is a “buy and hold” investor whereby securities are purchased with the intent of being held until maturity. Maturities will be matched with the City’s cash flow requirements. After cash flow requirements are met, investment considerations will include seeking additional yield that may be available in the market.
Item No.7F
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16.0 Internal Controls
The Treasurer shall maintain a system of internal controls designed to prevent losses due to fraud, employee error, imprudent actions by employees, mi srepresentation by third parties or unanticipated changes in financial markets.
The City Manager’s Office, at least quarterly, shall randomly select line items from the investment report and send the City’s custodian or investment provi der an independent confirmation letter to verify information about the investment.
Annually, the City’s independent auditor will conduct an independent review of investment records and verify the investments have been made in accordance with this policy.
17.0 Performance Standards
Investment return or yield becomes a considerati on only after the basic requirements of investment safety and liquidity have been met. The City’s portfolio shall be designed to attain a competitive yield or rate of return. At least quarterly, the portfolio yield will be compared to the twelve-month moving average of the two-year Constant Maturity Treasury Index (CMT).
18.0 Investment Review Committee
In 1997 an investment committee consisting of fi ve members appointed by the City Council was established to act as an advisory committee to Council. The Investment Review Committee periodically monitors and reviews the Treasurer’s compliance with the investment policy. In addition, the committee reviews modifications and recommends amendments to the investment policy. The Treasurer is not a member of the committee but serves in a staff and advisory capacity. The committee meets at least quarterly.
19.0 Reporting
Within 30 days of the end of each month, the Treasur er shall submit the monthly investment report to the City Manager and City Council. At the end of each quarter, the report is presented to the Investment Review Committee at its meeting.
The report shall list each investment , by investment category, and include: (1) purchase and maturity dates, (2) yield, (3) original cost, (4) par value, and (5) market value. In addition, the report will provide a weighted average yield of the portfolio, the weighted average maturity of the portfolio and the monthly investment transactions.
20.0 Policy Review and Adoption
The investment policy shall be reviewed at least annually by the Treasurer and the Investment Review Committee to ensure its consistency with the City’s overall objectives and its compliance with California Government Code and best practices. The invest ment policy shall be submitted to City Council for consideration and adoption at a public meeting on an annual basis whether or not modifications are necessary.
21.0 Glossary
Annual Comprehensive Financial Report (ACFR) : The official audited annual financial report for the City of Thousand Oaks.
Agencies: Securities issued by federal agencies and/or U.S. government-sponsored enterprises.
Item No.7F
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Bankers’ Acceptance (BA): Time draft drawn on and accepted by a bank for a specified amount payable on a specified date. Generally drawn for effecting payment for merchandise sold in import- export transactions. The BA is collateralized by commodity products.
Bond Discount: When a bond is sold at a price below its par value.
Bond: Interest-bearing security issued by a corporation, government, government sponsored enterprise, which can be executed through a bank or trust company. The issuer covenants through an indenture or offering memorandum to pay to the bond holder periodic interest payments and principal at maturity. The bond may be secured by specific assets of the issuer or the general credit of the issuer.
Broker-dealer: Individual or firm which acts as a principal in security transactions. The City only conducts transactions with approved broker-dealers who meet the requirements of the investment policy.
Certificate of Deposit: Debt instrument issued by a bank or other financial institution that pays interest over a fixed term to maturity.
Collateral: Securities which a borrower pledges for t he repayment of a loan or securities lending transaction. Also refers to securities pledged by a bank to secure deposits of public monies.
Commercial Paper : Short term, unsecured, negotiable promissory notes issued by domestic corporations.
Community Reinvestment Act (CRA): Act intended to encourage depository institutions to meet the credit needs of the communities in which t hey operate, including low and moderate income neighborhoods. The Act requires that each depository institution's record in helping meet the credit needs of its entire community be evaluated periodically. CRA examinations are conducted by the federal agencies that are responsible for supervising depository institutions.
Comprehensive Annual Financial Report (CAFR): The official annual financial report for the City of Thousand Oaks.
County Pooled Investment Funds: The aggregate of all funds from public agencies placed in the custody of the county treasurer or chief finance officer for investment and reinvestment.
Credit Risk: The risk that an issuer will default in the payment of interest or principal due on a security.
Delivery vs. Payment (DVP): Method of delivering securities. The purchased securities and the related payment are delivered by the buyer and se ller to a third-party custodian who settles the transaction and maintains custody of the security on behalf of the purchaser.
Discount: When securities are sold below par value. Some new issue securities such as Agency discount notes and U.S. Treasury B ills are sold at a discount to the par value and the purchaser receives the par value at maturity.
Diversification: Process of investing assets among a ra nge of security types by sector and maturity.
Federal Deposit Insurance Corporation (FDIC) : Federal Agency that guarantees funds on deposit in member banks, currently up to $250,000 per entity.
Inter-American Development Bank : Enterprise supporting economic development, social development and regional integration by lending to governments and government agencies.
Item No.7F
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Interest Rate: The annual rate of interest received by an investor from the issuer for a security.
Also known as “coupon” rate.
International Bank for Reconstruction and Development : International lending organization, popularly known as the World Bank, with long-term, low-interest credit for industrial development.
International Finance Corporation: The private sector arm of the World Bank Group dedicated to encouraging development of private enterprise in nations lacking the necessary infrastructure and liquidity for businesses to secure financing.
Investment Review Committee (IRC) : Five-member committee appointed by the City Council.
The IRC meets quarterly and reviews reports prepared by the Treasurer.
Joint Powers Authority Pool : An entity formed by two or more public authorities, operating collectively may issue shares of beneficial interest to participating agencies.
Liquidity: The ability of the Treasurer to meet the City’s cash flow and expenditure requirement by liquidating securities in the Investment Portfolio.
Local Agency Investment Fund (LAIF) : Investment pool maintained by the California State Treasurer for investment by local agencies.
Local Agency Security Program (LASP): Under California code, financial institutions that accept local agency deposits must participate in the LASP. The program provides for collateralization of deposits and reporting requirements.
Market Value: The price at which a security is trading and could presumably be purchased or sold.
Master Repurchase Agreement: Agreement under which a buyer and seller execute Repurchase Agreements. The agreement covers ownership of securities, custody and remedies from default.
Maturity: The date that the principal of a security is due and payable.
Medium-Term Notes (MTN) : Unsecured, investment-grade senior debt securities of major corporations that are sold either on a continuous or an intermittent basis. MTNs are highly flexible debt instruments that can be structured to respond to market opportunities or investor preferences.
Minimum Quality : The lowest acceptable rating of an investment issued by a Nationally Recognized Statistical Rating Organization indicating creditworthiness.
Money Market Fund : A mutual fund with investments directed in short-term money market instruments such as bankers’ acceptances, commercial paper, repurchase agreements and government bills. The fund’s objective is to maintain a net asset value (NAV) per share of $1.00.
Registered with the Securities and Exchange Commission under the Investment Act of 1940.
Mutual Funds: Pools of money that are managed by an investment company. Investors are offered a variety of goals, depending on the fund and its investment charter.
National Credit Union Administration (NCUA): Federal agency that insures the accounts in all federal credit unions and many state-chartered credit unions.
Nationally Recognized Statistical Rating Organizations (NRSRO) : A SEC registered agency that assesses the creditworthiness of an entity or specific security. NRSRO typically refers to Standard and Poor’s Rating Service, Fitch, Inc. or Moody’s Investors Services.
Item No.7F
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Offer: The price asked by a seller of securities.
Original Cost: The price paid for a security.
Par Value: The face value of a security expressed as a dollar amount. This is the amount due at maturity.
Portfolio: The combined holding of more than one investment or other asset by investor; collection of investments.
Primary Dealer: Usually refers to the select list of secu rities firms that are authorized to deal in new issues of government bonds.
Principal: The face or par value of a security. It does not include interest.
Prudent Investor Standard: A standard of conduct where a person acts with care, skill, prudence, and diligence when investing, reinvesting, pu rchasing, acquiring, exchanging, selling, and managing funds. The test of whether the standard is being met is if a prudent person acting in such a situation would engage in similar conduct to en sure that investments safeguard principal and maintain liquidity.
Rating: The designation used by investors’ servic es to rate the quality of a security’s creditworthiness.
Repurchase Agreement (RP or REPO): An agreement of one party (financial institution) to sell securities to a second party (local agency) and a simultaneous agreement by the first party to repurchase the securities at a specified price fr om the second party on demand or at a specified date.
Safekeeping: Service banks offer to customers where securities are held in the bank’s vaults for safekeeping.
Settlement Date: The date by which an executed security trade must be settled. That is, the date by which a buyer must pay for the securities delivered by the seller.
Supranational: An organization formed by a group of countries through an international treaty with specific objectives, such as promoting economic development.
Treasury Bills: Short term obligation of the U.S. Treasury with a maturity of one year or less. T- Bills are sold at a discount and bear no interest.
Treasury Bonds: Long term coupon bearing obligation of the U.S. Treasury with maturities of more than 10 years,
Treasury Notes : Medium-term coupon bearing obligation of the U.S. Treasury having initial maturities from two to 10 years.
Yield: The annual rate of return on an investment, expressed as a percentage of the investment.
Item No.7F
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Appendix A
Comparison of Credit Ratings1
Long Term Debt Ratings
Rating/Interpretation Standard & Poor’s 2 Mood y’s3 Fitch 4 Best-quality Grade
(“AAA”)
AAA Aaa AAA
High-quality Grade
(“AA”)
AA+
AA
AA-
Aa1
Aa2
Aa3
AA+
AA
AA-
Upper Medium Grade
(“A”)
A+
A
A-
A1
A2
A3
A+
A
A-
Medium Grade
(“BBB”)
BBB+
BBB
BBB-
Baa1
Baa2
Baa3
BBB+
BBB
BBB-
Speculative Grade
(“BB”)
BB+
BB
BB-
Ba1
Ba2
Ba3
BB+
BB
BB-
Highly Speculative
Grade
(“B”)
B+
B
B-
B1
B2
B3
B+
B
B-
Poor Grade CCC+ Caa1 CCC
In Poor Standing CCC
CCC-
Caa2
Caa3
Highly Speculative CC
C
Ca
C
CC
Default D DDD
DD
D
Short Term/Commercial Paper Investment Grade Ratings
Rating Interpretation Standard & Poor’s Moody’s Fitch
Superior Capacity A-1+/A-1/SP-1 P-1/MIG1 F1+/F1
Strong Capacity A-2/SP-2 P-2/MIG2 F2
Acceptable Capacity A-3/SP-3 P-3/MIG3 F3
____________________________________________________________________________________
1 These are general credit rating guidelines and are for information only. 2 Ratings from AA through CCC may be modified by the addition of a plus (+) or minus (-) sign to show relative standing within the major rating categories.
3 Ratings from Aa through Caa may be appended by the numerical modifiers 1, 2, and 3 indicating the obligation ranks at the higher end, the mid-range or lower-end of the generic rating.
4 Ratings from AA through B may be modified by the addition of a plus (+) or minus (-) sign to show relative standing within the major rating categories.
Item No.7F
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF THOUSAND OAKS
RECONFIRMING JAIME BOSCARINO AS CITY
TREASURER FROM FEBRUARY 1, 2023
THROUGH JANUARY 31, 2024 AND ADOPTING
UPDATED INVESTMENT POLICY
WHEREAS, the appointment of Jaime Boscarino as City Treasurer was initially confirmed by the City Council on September 11, 2018, as provided in Section 2-1.303 of Ordinance 889-NS; and
WHEREAS, Jaime Boscarino was delegated the authority to invest and reinvest City funds from February 1, 2022 to January 31, 2023; and WHEREAS, Government Code Section 53607 provides that the City Council may annually delegate to the City Treasurer the authority to invest and reinvest City funds; and
WHEREAS, pursuant to Government Code Section 53646(a)(2), the City Treasurer may annually render the Investment Policy to the City Council; and WHEREAS, the existing Investment Policy was last adopted on January 11, 2022; and
WHEREAS, an updated Investment Policy (Exhibit A) has since been prepared.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Thousand Oaks as follows:
ATTACHMENT #2
Item No.7F
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Section 1. Jaime Boscarino is reconfirmed as City Treasurer and is delegated the authority to invest and reinvest City funds from February 1, 2023 to January 31, 2024.
Section 2. The City of Thousand Oaks updated Investment Policy is hereby adopted as presented.
PASSED AND ADOPTED this 10 th day of January, 2023, by the following vote:
Ayes:
Noes:
Absent:
________________________________
Kevin McNamee, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
________________________________
Laura B. Maguire, City Clerk
Date Attested:_________________
APPROVED AS TO FORM:
Office of the City Attorney
________________________________
Tracy Friedl, Assistant City Attorney
APPROVED AS TO ADMINISTRATION:
________________________________
Andrew P. Powers, City Manager
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.7F
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City of Thousand Oaks
Administrative Policies and Procedures
SUBJECT:
Investment Policy
DEPARTMENT: FIN
APP NO.:
14.012
Submission Date:
09/24/96
Revision Dates:
Revised Annually by
Resolution
AUTHORITY:
Adoption/Approval Date:
Revised Annually; 01/10/23
Revision Dates:
1.0 Policy:
This policy is intended to provide guidelines for the prudent investment of the City’s funds and to enhance the economic status of the City while protecting its pooled cash. Funds will be invested in accordance with this policy and with applicable sections of the California Government Code.
The City’s policy received certification from the California Municipal Treasurers Association in 2021.
The policy should be resubmitted periodically for peer review and certification to confirm compliance with best practices and industry standards. While a certification does not serve as a substitute for review by the Investment Review Committee or adoption by City Council, it does demonstrate staff’s due diligence in the preparation and updating of the policy.
2.0 Scope
This policy generally applies to all financial assets of the City which are included in the City’s Annual Comprehensive Financial Report (ACFR). The City funds subject to this policy are: General Fund, Special Revenue Funds, Debt Service Funds, Capital Project Funds, Enterprise Funds, Internal Service Funds, Fiduciary Funds, and any other fund authorized by the City Council, unless specifically exempted.
The following assets are exempt from the policy: proceeds of City bond issues, Hourly/Part-time Employee Retirement Plan, Other Postemployment Benefits Plan, Pension Rate Stabilization Trust Fund and assets held by the City as fiduciary for other agencies and subject to separate agency agreement(s). The exempt assets are invested in accordance with regulations established by the State of California and any agreements specific to the funds.
All monies shall be pooled for investment purposes. The investment income derived from the pooled investment account shall be allocated to the contributing funds based upon the proportion of the respective average balances relative to the total pooled balance in the portfolio. Investment income shall be distributed to the individual funds not less than annually.
3.0 Objectives
The primary objectives of the City’s investment activities, in priority order, shall be:
3.1. SAFETY: Preserving and protecting principal is the foremost objective of the investment program. Investment activities shall be undertaken in a manner that seeks to ensure the preservation of principal in the overall portfolio. Diversification of the portfolio will spread credit risk over a variety of authorized investment types.
3.2. LIQUIDITY: The City’s investment portfolio shall remain sufficiently liquid to enable the City to meet all operating requirements which can be reasonably anticipated.
EXHIBIT A
Item No.7F
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3.3. YIELD (Return on Investments): The City’s investment strategy shall be designed with the objective of obtaining a market rate of return over budgetary and economic cycles while complying with the list of authorized investments.
4.0 Delegation of Authority/Procedures
Authority to manage the City’s investment program is derived from State of California Government Code Section 53607 and City of Thousand Oaks Ordinance 889-NS. Management responsibility for the investment of City funds is delegated annually by City Council to the City Treasurer (“Treasurer”) who shall be responsible for all transactions undertaken and who shall establish a system of controls to regulate the activities of subordinate investment officers.
The Treasurer may authorize the Deputy Finance Director to act as the Treasurer’s deputy in performing the Treasurer’s functions and duties under this policy in the absence of the Treasurer. The Treasurer may authorize a manager in the Finance Department to execute transactions as prescribed by the Treasurer in the absence of the Treasurer and Deputy Finance Director. When acting as the Treasurer’s deputy as provided in this paragraph, the deputy shall be subject to the same limitations, obligations, and requirements as the Treasurer.
The Treasurer shall establish written investment procedures for the operation of the investment program consistent with this policy. The procedures should describe custody/safekeeping agreements, repurchase agreements, wire transfer agreements, banking services agreements, cash flow forecasting and collateral/depository agreements. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Treasurer.
5.0 Prudence
The standard of prudence to be used for managing the City's investments shall be California Government Code Section 53600.3, the prudent investor standard, which states “when investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency.”
The standard of prudence to be used by City staff shall be applied in the context of managing the overall portfolio. City staff acting in accordance with written procedures and this policy and exercising due diligence shall be relieved of personal responsibility for an individual security’s credit risk or market price changes. City staff shall ensure that deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments.
6.0 Ethics and Conflicts of Interest
City staff involved in the investment program shall refrain from personal business activity that could conflict with the proper execution of the investment program activities, or which could impair the ability to make impartial investment decisions. City staff shall disclose to the City Manager and on the annual Statement of Economic Interest Form any material financial interests in financial institutions that conduct business with the City, and they shall disclose any material personal financial/investment positions that could be related to the City’s investment performance.
Item No.7F
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7.0 Providers of Financial Services
The Treasurer shall maintain a list of financial institutions formally authorized to provide investment services. The City shall enter into formal contracts for banking services, safekeeping services and investment advisory services.
7.1 Authorized Broker/Dealers
The Treasurer shall formally authorize investment broker-dealers to provide investment services to the City. Investment brokers-dealers may be primary dealers or regional brokers with branch offices in the State of California performing the transactions with the City. Broker- dealers must complete a broker-dealer statement of qualifications before being approved by the Treasurer. Annually the broker/dealers will acknowledge receipt and execute a certification that the broker-dealer’s employees and supervisory personnel have read and understand the City’s investment policy. The Treasurer may periodically reevaluate the approved list of investment broker-dealers, including review of Financial Industry Regulatory Authority (FINRA) reports and requesting updated statements of qualification.
7.2 Contracted Investment Advisor Services
The City may engage the support services of outside investment advisors in regard to its investment program, so long as it can be clearly demonstrated that these services produce a net financial advantage or necessary financial protection of the City's financial resources.
Investment advisors shall follow this policy, State law, and other such written instructions as provided by the Treasurer. Contracted investment advisors may use their own brokers. The Treasurer may conduct periodic reviews of contracted investment advisors, including review of FINRA reports.
7.3 Safekeeping and Custody
The Treasurer shall select one or more financial institutions to provide safekeeping and custodial services for the City in accordance with the provisions of Section 53608 of the California Government Code. Third-party safekeeping arrangements will be approved by the Treasurer and documented by a written agreement.
The purchase and sale of negotiable securities and repurchase agreement transactions shall be settled on a delivery versus payment basis. Negotiable securities purchased by the City will be delivered by book entry and will be held in third-party safekeeping by a City-approved custodian bank, its correspondent bank or its Depository Trust Company (DTC) participant account.
Non-negotiable investments such as money market funds, mutual funds, collateralized bank deposits, county investment pools, joint powers authority agreements, and the Local Agency Investment Fund (LAIF) will be in the name of City with statements and/or receipts evidencing investment.
7.4 Banking Services
Banking services for the City shall be provided by qualified depositories of public funds as defined in California Government Code Section 53630.5 and which secure deposits in excess of insurance coverage in accordance with California Government Code Section 53652.
Item No.7F
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8.0 Authorized Investments
Investments and deposits not specifically excluded in Section 2.0 shall be made in accordance with California Government Code Sections 16429.1-16429.4, 53600-53610 and 53630-53686.
Percentage limitations and rating requirements, where indicated, apply at the time of purchase.
Although minimum ratings listed use Standard and Poor’s rating scale, an equivalent rating from another nationally recognized rating organization is acceptable. Appendix A provides a comparison of the different credit ratings. Securities that have been downgraded to a level that is below the minimum rating described herein may be sold or held at the Treasurer’s discretion. The portfolio will be brought back into compliance with policy guidelines as soon as it is practical. Securities may not be purchased with a forward settlement date in excess of 45 days from the trade date. Maximum maturity limits are measured from date of settlement to maturity. Investments with maturities exceeding five years require either specific authorization by the City Council or approval by the City Council as part of an investment program no less than three months prior to purchase.
Investments not specifically listed below are deemed inappropriate and are prohibited:
8.1 City Authorized Investments
Authorized
Investment
Govt.
Code
Maximum
Percentage
Maximum
Maturity
Minimum
Quality 1
Other
U.S. Treasury
Obligations 53601(b) •No Limit 5 Years None Notes, bonds, bills U.S. Agency
Obligations 53601(f) •No Limit 5 Years None
Federal agency or United
States government-
sponsored enterprise
obligations, participations, or
other instruments
City of
Thousand
Oaks
Obligations
53601(a)
(e) •5% 5 Years None
•Bonds, notes, warrants or
other evidences of
indebtedness
•Purchases made in
consultation with bond
counsel
State
Obligations (CA
and others)
53601(c)
and (d) •No Limit 5 Years Underlying A,
or SP-1
•Registered state warrants,
treasury notes or bonds of
California
•Registered treasury notes
or bonds from any of the
other 49 states
California Local
Agency
Obligations
53601(e) •No Limit 5 Years Underlying A,
or SP-1
•Bonds, notes, warrants or
other evidences of
indebtedness of any local
agency within California
Item No.7F
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Authorized
Investment
Govt.
Code
Maximum
Percentage
Maximum
Maturity
Minimum
Quality 1
Other
Supranationals 53601(q)
•20% of
portfolio
•10%
single
issuer
5 years AAA
U.S. dollar denominated
senior unsecured
unsubordinated obligations
issued by or unconditionally
guaranteed by:
•International Bank for
Reconstruction and
Development
•International Finance
Corporation
•Inter-American
Development Bank
Medium-Term
Notes 53601(k)
•30% of
portfolio
•5% single
issuer2
5 Years A
Issued by:
•Corporations organized
and operating in the United
States
or
•Depository institutions
licensed by the United
States or any state and
operating in the United
States
Negotiable
Certificates of
Deposit
53601(i)
•10% of
portfolio
•$250,000
single
issuer
5 Years
Investments
with a single
issuer may
not exceed
$250,000 and
must be
insured by
the Federal
Deposit
Insurance
Corporation
(FDIC) or the
National
Credit Union
Administratio
n (NCUA)
•Issued by nationally or
state-chartered banks;
savings or federal
associations; state or
federal credit unions; or
federally licensed or state
licensed branches of
foreign banks.
and
•Per 53638 deposits may
not exceed bank
shareholder equity; total
net worth of depository
savings or federal
association; unimpaired
capital and surplus of a
credit union; unimpaired
capital and surplus of
industrial loan companies.
Bankers’
Acceptances 53601(g)
•25% of
portfolio
•5% single
issuer
180 Days Issuer rating
of at least A-1
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Authorized
Investment
Govt.
Code
Maximum
Percentage
Maximum
Maturity
Minimum
Quality 1
Other
Commercial
Paper 53601(h)
•25% of
portfolio
•5% single
issuer2
270 Days A-1
•Corporation must be
organized and operating
within the United States;
have assets in excess of
$500 million; and have at
least an A rating on its long-
term debt, if any
or
•Corporation must be
organized within the
United States as a special
purpose corporation, trust,
or limited liability company;
have program-wide credit
enhancements including,
but not limited to
overcollateralization,
letters of credit or a surety
bond.
Repurchase
Agreements 53601(j) 25% of
portfolio 30 Days N/A
•Subject to a Master
Repurchase Agreement
with a Primary Dealer
approved by City Council
•Comply with Government
Code 53601 (j)
Item No.7F
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Authorized
Investment
Govt.
Code
Maximum
Percentage
Maximum
Maturity
Minimum
Quality 1
Other
Bank Deposits
– Collateralized
or FDIC
Insured
53630 et
seq. No Limit 5 Years
Satisfactory
rating from
national bank
rating service
and from
Community
Reinvestment
Act review.
•Amounts up to $250,000
per institution are insured
by the FDIC.
•Amounts over the
insurance limit must be
placed with financial
institutions participating in
the California Local Agency
Security Program,
providing for
collateralization of public
funds.
•Per 53638 deposits may
not exceed bank
shareholder equity; total
net worth of depository
savings or federal
association; unimpaired
capital and surplus of a
credit union; unimpaired
capital and surplus of
industrial loan companies.
•Treasurer may waive
collateral for the portion of
any deposits insured
pursuant to federal law.
•The use of private sector
entities authorized by
53601.8 to assist in the
placement of deposits is
NOT permitted.
LAIF 16429.1
et seq.
As permitted
by LAIF N/A N/A
County Pooled
Investment
Funds
53684 •20% of
portfolio N/A None
Joint Powers
Authority Pool 53601(p)
•15% of
portfolio
•10% from
single pool
or
maximum
allowed by
JPA
whichever
is less
N/A None
JPA must be
•Organized pursuant to
Section 6509.7;
•Invest in securities in 53601
subdivisions (a) to (q); and
•Retain investment advisor
registered or exempt from
registration with the SEC,
with at least 5 years’
experience, and has assets
under management in
excess of $500 million.
Item No.7F
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Authorized
Investment
Govt.
Code
Maximum
Percentage
Maximum
Maturity
Minimum
Quality 1
Other
Money Market
Funds 53601(l) •15% of
portfolio N/A
Fund must
either have
the highest
ranking by not
less than 2
NRSROs
Retain an investment adviser
registered or exempt from
registration with the SEC with
5 years’ experience
managing money market
funds in excess of $500
million.
Mutual Funds 53601(l)
•15% of
portfolio
•5% from
single
mutual
fund
company
N/A
Fund must
either have
the highest
ranking by not
less than 2
NRSROs
•Fund must invest in
securities that comply with
the investment restrictions
of 53601 (a) through (k) and
(n) through (o); and
•Retain an investment
adviser registered or
exempt from registration
with the SEC with 5 years’
experience managing
money market funds in
excess of $500 million.
1 Standard and Poor’s rating system is used for minimum quality requirements. An equivalent rating from another nationally recognized rating organization is acceptable. Appendix A. provides a comparison of the different credit ratings. 2 No more than 10 percent of portfolio may be invested in the commercial paper and the medium-term notes of a single issuer.
9.0 Ineligible Investments
Investments not described above as authorized investments are ineligible for purchase. The policy specifically prohibits the investment of any funds in common stock, financial futures, options, inverse floaters, range notes, or mortgage-derived, interest-only strips.
Government Code Section 53601.6(b)(1) also prohibits the investment in any security that could result in zero-interest accrual if held to maturity. Per the California Debt and Investment Advisory Commission, zero interest accrual is defined as a security having the potential to realize zero interest based on the structure of the security. Therefore, zero coupon bonds, discounts notes, and similar investments that are purchased below face value are authorized. This Section does not apply to investments in shares of beneficial interest issued by diversified management companies registered under the Investment Company Act of 1940 that are authorized pursuant to Government Code Section 53601(l).
Despite the above restriction, purchases of securities issued by, or backed by, the United States government that could result in zero- or negative-interest accrual if held to maturity are permitted in the event of, and for the duration of, a period of negative market interest rates pursuant to Government Code Section 53601.6 (b)(2). Investments may be held until maturity. This exception shall remain in effect until January 1, 2026, at which time it is repealed.
10.0 Collateralization
Collateralization is required on two types of investments: uninsured bank deposits and repurchase agreements.
Uninsured bank deposits may only be invested with financial institutions which participate in the California Local Agency Security Program (LASP) administered by the California Department of Item No.7F
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Business Oversight. LASP provides for collateral requirements, oversight and monitoring, and reporting by financial institutions.
Collateral is also required for repurchase agreements. The market value of securities that underlie a repurchase agreement shall not be allowed to fall below 102% of the value of the repurchase agreement and the value shall be adjusted no less than quarterly. Securities that can be pledged for collateral shall consist only of securities permitted in this policy. Collateral shall be held by an independent third party with whom the City has established a custodial agreement.
11.0 Investment Pools
Investment pools include LAIF, county pooled investment funds, shares of beneficial interest (mutual funds and money market funds), and joint powers authority pools. A thorough investigation of any pool or fund is required prior to the City’s investment and on a periodic basis while funds are invested. The investigation will include review of the following items:
•Eligible investments;
•Investment policy and/or investment objectives;
•Security safeguarding, settlement process, pricing;
•Allowable deposits and withdrawals;
•Interest calculation, distribution, and treatment of gains/losses; •Schedule for receiving statements and portfolio listings; •Fees.
12.0 Review of Portfolio
The securities held by the City must be in compliance with the authorized investments in Section 8.0 at the time of purchase. Because the City is typically a buy and hold investor, some securities may not comply with this section subsequent to the date of purchase. The Treasurer shall at least quarterly review the portfolio to identify those securities that do not comply and establish procedures to report these securities to the City Council and the Investment Review Committee.
13.0 Competitive Offers
It is preferred that investment purchases be made through a competitive offer process with three quotes. This policy, however, recognizes that competitive offers may not always be applicable or practical. If the City is offered a security for which there is no other readily available competitive offering on the same issue, then quotes for comparable or alternative securities will be documented.
Competitive quotes are not required for U.S. Treasury instruments if the offer is within one quarter of a thirty-second of the offer price as posted by Bloomberg or similar pricing service. When purchasing original issue securities, competitive offerings are not required as those securities are offered at the same original issue price.
14.0 Diversification
The Treasurer shall diversify the investment portfolio by security type, institution, and maturity. The restriction on concentration in a single security type or institution is detailed in Section 8.0.
15.0 Maturities
Individual investments within the investment portfolio are limited to a maximum of five years except where further limited by State Law and/or this policy. The City is a “buy and hold” investor whereby securities are purchased with the intent of being held until maturity. Maturities will be matched with the City’s cash flow requirements. After cash flow requirements are met, investment considerations will include seeking additional yield that may be available in the market.
Item No.7F
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16.0 Internal Controls
The Treasurer shall maintain a system of internal controls designed to prevent losses due to fraud, employee error, imprudent actions by employees, misrepresentation by third parties or unanticipated changes in financial markets.
The City Manager’s Office, at least quarterly, shall randomly select line items from the investment report and send the City’s custodian or investment provider an independent confirmation letter to verify information about the investment.
Annually, the City’s independent auditor will conduct an independent review of investment records and verify the investments have been made in accordance with this policy.
17.0 Performance Standards
Investment return or yield becomes a consideration only after the basic requirements of investment safety and liquidity have been met. The City’s portfolio shall be designed to attain a competitive yield or rate of return. At least quarterly, the portfolio yield will be compared to the twelve-month moving average of the two-year Constant Maturity Treasury Index (CMT).
18.0 Investment Review Committee
In 1997 an investment committee consisting of five members appointed by the City Council was established to act as an advisory committee to Council. The Investment Review Committee periodically monitors and reviews the Treasurer’s compliance with the investment policy. In addition, the committee reviews modifications and recommends amendments to the investment policy. The Treasurer is not a member of the committee but serves in a staff and advisory capacity. The committee meets at least quarterly.
19.0 Reporting
Within 30 days of the end of each month, the Treasurer shall submit the monthly investment report to the City Manager and City Council. At the end of each quarter, the report is presented to the Investment Review Committee at its meeting.
The report shall list each investment, by investment category, and include: (1) purchase and maturity dates, (2) yield, (3) original cost, (4) par value, and (5) market value. In addition, the report will provide a weighted average yield of the portfolio, the weighted average maturity of the portfolio and the monthly investment transactions.
20.0 Policy Review and Adoption
The investment policy shall be reviewed at least annually by the Treasurer and the Investment Review Committee to ensure its consistency with the City’s overall objectives and its compliance with California Government Code and best practices. The investment policy shall be submitted to City Council for consideration and adoption at a public meeting on an annual basis whether or not modifications are necessary.
21.0 Glossary
Annual Comprehensive Financial Report (ACFR): The official audited annual financial report for the City of Thousand Oaks.
Agencies: Securities issued by federal agencies and/or U.S. government-sponsored enterprises.
Item No.7F
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Bankers’ Acceptance (BA): Time draft drawn on and accepted by a bank for a specified amount payable on a specified date. Generally drawn for effecting payment for merchandise sold in import- export transactions. The BA is collateralized by commodity products.
Bond Discount: When a bond is sold at a price below its par value.
Bond: Interest-bearing security issued by a corporation, government, government sponsored enterprise, which can be executed through a bank or trust company. The issuer covenants through an indenture or offering memorandum to pay to the bond holder periodic interest payments and principal at maturity. The bond may be secured by specific assets of the issuer or the general credit of the issuer.
Broker-dealer: Individual or firm which acts as a principal in security transactions. The City only conducts transactions with approved broker-dealers who meet the requirements of the investment policy.
Certificate of Deposit: Debt instrument issued by a bank or other financial institution that pays interest over a fixed term to maturity.
Collateral: Securities which a borrower pledges for the repayment of a loan or securities lending transaction. Also refers to securities pledged by a bank to secure deposits of public monies.
Commercial Paper: Short term, unsecured, negotiable promissory notes issued by domestic corporations.
Community Reinvestment Act (CRA): Act intended to encourage depository institutions to meet the credit needs of the communities in which they operate, including low and moderate income neighborhoods. The Act requires that each depository institution's record in helping meet the credit needs of its entire community be evaluated periodically. CRA examinations are conducted by the federal agencies that are responsible for supervising depository institutions.
County Pooled Investment Funds: The aggregate of all funds from public agencies placed in the custody of the county treasurer or chief finance officer for investment and reinvestment.
Credit Risk: The risk that an issuer will default in the payment of interest or principal due on a security.
Delivery vs. Payment (DVP): Method of delivering securities. The purchased securities and the related payment are delivered by the buyer and seller to a third-party custodian who settles the transaction and maintains custody of the security on behalf of the purchaser.
Discount: When securities are sold below par value. Some new issue securities such as Agency discount notes and U.S. Treasury Bills are sold at a discount to the par value and the purchaser receives the par value at maturity.
Diversification: Process of investing assets among a range of security types by sector and maturity.
Federal Deposit Insurance Corporation (FDIC): Federal Agency that guarantees funds on deposit in member banks, currently up to $250,000 per entity.
Inter-American Development Bank: Enterprise supporting economic development, social development and regional integration by lending to governments and government agencies.
Item No.7F
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Interest Rate: The annual rate of interest received by an investor from the issuer for a security.
Also known as “coupon” rate.
International Bank for Reconstruction and Development: International lending organization, popularly known as the World Bank, with long-term, low-interest credit for industrial development.
International Finance Corporation: The private sector arm of the World Bank Group dedicated to encouraging development of private enterprise in nations lacking the necessary infrastructure and liquidity for businesses to secure financing.
Investment Review Committee (IRC): Five-member committee appointed by the City Council.
The IRC meets quarterly and reviews reports prepared by the Treasurer.
Joint Powers Authority Pool: An entity formed by two or more public authorities, operating collectively may issue shares of beneficial interest to participating agencies.
Liquidity: The ability of the Treasurer to meet the City’s cash flow and expenditure requirement by liquidating securities in the Investment Portfolio.
Local Agency Investment Fund (LAIF): Investment pool maintained by the California State Treasurer for investment by local agencies.
Local Agency Security Program (LASP): Under California code, financial institutions that accept local agency deposits must participate in the LASP. The program provides for collateralization of deposits and reporting requirements.
Market Value: The price at which a security is trading and could presumably be purchased or sold.
Master Repurchase Agreement: Agreement under which a buyer and seller execute Repurchase Agreements. The agreement covers ownership of securities, custody and remedies from default.
Maturity: The date that the principal of a security is due and payable.
Medium-Term Notes (MTN): Unsecured, investment-grade senior debt securities of major corporations that are sold either on a continuous or an intermittent basis. MTNs are highly flexible debt instruments that can be structured to respond to market opportunities or investor preferences.
Minimum Quality: The lowest acceptable rating of an investment issued by a Nationally Recognized Statistical Rating Organization indicating creditworthiness.
Money Market Fund: A mutual fund with investments directed in short-term money market instruments such as bankers’ acceptances, commercial paper, repurchase agreements and government bills. The fund’s objective is to maintain a net asset value (NAV) per share of $1.00.
Registered with the Securities and Exchange Commission under the Investment Act of 1940.
Mutual Funds: Pools of money that are managed by an investment company. Investors are offered a variety of goals, depending on the fund and its investment charter.
National Credit Union Administration (NCUA): Federal agency that insures the accounts in all federal credit unions and many state-chartered credit unions.
Nationally Recognized Statistical Rating Organizations (NRSRO): A SEC registered agency that assesses the creditworthiness of an entity or specific security. NRSRO typically refers to Standard and Poor’s Rating Service, Fitch, Inc. or Moody’s Investors Services.
Item No.7F
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Offer: The price asked by a seller of securities.
Original Cost: The price paid for a security.
Par Value: The face value of a security expressed as a dollar amount. This is the amount due at maturity.
Portfolio: The combined holding of more than one investment or other asset by investor; collection of investments.
Primary Dealer: Usually refers to the select list of securities firms that are authorized to deal in new issues of government bonds.
Principal: The face or par value of a security. It does not include interest.
Prudent Investor Standard: A standard of conduct where a person acts with care, skill, prudence, and diligence when investing, reinvesting, purchasing, acquiring, exchanging, selling, and managing funds. The test of whether the standard is being met is if a prudent person acting in such a situation would engage in similar conduct to ensure that investments safeguard principal and maintain liquidity.
Rating: The designation used by investors’ services to rate the quality of a security’s creditworthiness.
Repurchase Agreement (RP or REPO): An agreement of one party (financial institution) to sell securities to a second party (local agency) and a simultaneous agreement by the first party to repurchase the securities at a specified price from the second party on demand or at a specified date.
Safekeeping: Service banks offer to customers where securities are held in the bank’s vaults for safekeeping.
Settlement Date: The date by which an executed security trade must be settled. That is, the date by which a buyer must pay for the securities delivered by the seller.
Supranational: An organization formed by a group of countries through an international treaty with specific objectives, such as promoting economic development.
Treasury Bills: Short term obligation of the U.S. Treasury with a maturity of one year or less. T- Bills are sold at a discount and bear no interest.
Treasury Bonds: Long term coupon bearing obligation of the U.S. Treasury with maturities of more than 10 years,
Treasury Notes: Medium-term coupon bearing obligation of the U.S. Treasury having initial maturities from two to 10 years.
Yield: The annual rate of return on an investment, expressed as a percentage of the investment.
Item No.7F
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Appendix A
Comparison of Credit Ratings1
Long Term Debt Ratings
Rating/Interpretation Standard & Poor’s2 Moody’s3 Fitch4 Best-quality Grade
(“AAA”)
AAA Aaa AAA
High-quality Grade
(“AA”)
AA+
AA
AA-
Aa1
Aa2
Aa3
AA+
AA
AA-
Upper Medium Grade
(“A”)
A+
A
A-
A1
A2
A3
A+
A
A-
Medium Grade
(“BBB”)
BBB+
BBB
BBB-
Baa1
Baa2
Baa3
BBB+
BBB
BBB-
Speculative Grade
(“BB”)
BB+
BB
BB-
Ba1
Ba2
Ba3
BB+
BB
BB-
Highly Speculative
Grade
(“B”)
B+
B
B-
B1
B2
B3
B+
B
B-
Poor Grade CCC+ Caa1 CCC
In Poor Standing CCC
CCC-
Caa2
Caa3
Highly Speculative CC
C
Ca
C
CC
Default D DDD
DD
D
Short Term/Commercial Paper Investment Grade Ratings
Rating Interpretation Standard & Poor’s Moody’s Fitch
Superior Capacity A-1+/A-1/SP-1 P-1/MIG1 F1+/F1
Strong Capacity A-2/SP-2 P-2/MIG2 F2
Acceptable Capacity A-3/SP-3 P-3/MIG3 F3
____________________________________________________________________________________ 1 These are general credit rating guidelines and are for information only. 2 Ratings from AA through CCC may be modified by the addition of a plus (+) or minus (-) sign to show relative standing within the major rating categories.
3 Ratings from Aa through Caa may be appended by the numerical modifiers 1, 2, and 3 indicating the obligation ranks at the higher end, the mid-range or lower-end of the generic rating.
4 Ratings from AA through B may be modified by the addition of a plus (+) or minus (-) sign to show relative standing within the major rating categories.
Item No.7F
TO:Andrew P. Powers, City Manager
FROM:Jaime Boscarino, Finance Director
DATE:January 10, 2023
SUBJECT: Thousand Oaks Plan to Assist School Sites Annual Project List RECOMMENDATION:
1. Approve Thousand Oaks Plan to Assist School Sites (TOPASS) Annual Project List for Fiscal Year 2022-23 totaling $727,683 submitted by Conejo Valley Unified School District (CVUSD).
2. Find that this action is not a project as defined under section 15378(b)(5) of the California Environmental Quality Act Guidelines.
FINANCIAL IMPACT:
No Additional Funding Requested. Minimal staff time to prepare staff report is included in the Adopted FY 2022-23 General Fund Budget. Projects are funded by the Redevelopment Property Tax Trust Fund (RPTTF), with pass-through agreements.
BACKGROUND:
The City, Thousand Oaks Redevelopment Agency (Agency), and CVUSD entered into the TOPASS Agreement in 1984. The TOPASS Agreement provides that five percent of the local property tax increment revenue generated by redevelopment will be made available to assist CVUSD for capital projects at designated tributary schools.
Per the terms of the TOPASS Agreement prior to Agency dissolution, the City forwarded the funds to CVUSD upon City Council approval of a CVUSD annual report on the prior fiscal year’s expenditures and a project list of proposed capital projects for the next fiscal year. As of February 1, 2012, redevelopment agencies were dissolved due to the passage of Assembly Bill X1 26. With the dissolution, the County Auditor-Controller now remits the local property tax increment generated per the TOPASS agreement directly to CVUSD.
Item No.7G
TOPASS Annual Project List
January 10, 2023
On November 20, 2012, City Council approved the distribution of City-held TOPASS funds to CVUSD for proposed capital projects to wind down the affairs of the former Agency. Per the TOPASS agreement, the funds are placed in a separate, interest-bearing account.
DISCUSSION/ANALYSIS:
In keeping with the parameters of the TOPASS Agreement, CVUSD continues to provide the City an annual list of future projects for City Council approval. The CVUSD Board approved the FY 2022-23 TOPASS Project List (Attachment #1) at its September 20, 2022 Board meeting. The FY 2022-23 TOPASS Project List includes campus modernization, Tesla renewable energy project, locker room renovations at Newbury Park High School, tennis courts resurfacing at Newbury Park High School and Thousand Oaks High School, modular buildings lease at Newbury Park High School, and annual contributions to the track and field trusts at three high schools for future projects. Staff recommends that City Council approve the FY 2022-23 TOPASS Project List.
The CVUSD Board also certified its Annual Compliance Report (Attachment #2) at the September 20, 2022 Board meeting. The Annual Compliance Report summarizes the income and expenditures of funds spent on projects CVUSD previously submitted for approval. The CVUSD Board certified that the funds were expended in compliance with the requirements of the TOPASS Agreement and expended on projects approved by the CVUSD Board and City Council. The CVUSD Board also certified that the required maintenance of effort was met per the terms of the TOPASS Agreement. The required maintenance of effort is a minimum of 7.85 percent based on CVUSD’s 1979-80 through 1983-84 expenditures. CVUSD’s FY 2021-22 maintenance of effort was 10.91 percent, exceeding the required maintenance of effort.
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goal:
H. Participate in public-private and multi-jurisdictional opportunities to ensure residents have access to high levels of parks, recreation, education and leisure programs and services.
PREPARED BY: Elisa Q. Magaña, Accounting Manager
Attachments:
Attachment #1 – FY 2022-23 TOPASS Project List
Attachment #2 – FY 2021-22 Annual Compliance Report
FIN:515-70\em\H:\COMMON\Council\2023\Accounting\011023 TOPASS Staff Report.docx Item No.7G
1 1/30/22, 1:37 PM BoardDocs® Plus
https://go.boarddocs.com/ca/conejo/board.nsf/public 1/1 Agenda Item Details
Meeting Sep 20, 2022 - Regular Board Meeting
Category 4. ACTION ITEMS – CONSENT
Subject NN. Business Services - Approval of 2022-2023 TOPASS Expenditure Plan Type Action (Consent)
Recommended Action Approve the 2022-2023 TOPASS expenditure plan, as submitted.
ISSUE:
Should the Board of Education approve the 2022-2023 Thousand Oaks Plan to Assist School Sites (TOPASS) expenditure plan? INFORMATION:
The District receives Redevelopment Agency (RDA) pass-through funds from the City of Thousand Oaks Redevelopment Agency.
These funds are to be used for projects at District sites. As a result of the elimination of Redevelopment Agencies through the passage of Assembly Bill 26, the District is now receiving the former Redevelopment pass-through funds directly from the County Treasurer instead of the City of Thousand Oaks.
The TOPASS Agreement requires that each year, the School District submits a list of projects/expenditures to the City for consideration. The proposed list for the 2022-2023 fiscal year is attached.
FISCAL IMPACT:
TOPASS Fund: $727,683
Respectfully submitted,
Mark W. McLaughlin, Ed.D.
Superintendent
Prepared by,
Victor P. Hayek, Ed.D.
Deputy Superintendent, Business Services
MWM:VPH:mn
2022-09-20 BDR - TOPASS Projects List 2022-23.pdf (61 KB) These items are considered routine and will be approved in one action without discussion. If Board members request that an item be removed from Consent or a citizen wishes to speak to an item, the item will be considered under Action items.
FIN:515-70\em\H:\COMMON\Council\2023\Accounting\011023 TOPASS ATTACH 1-2.PDF Item No.7G
Projects for
2022/2023
CON Campus Moderinzation 235,000 $
DW Tesla Renewable Energy Project 20,000 $
NPH Locker Room Renovations 130,000 $
NPH Tennis Courts Resurfacing 41,435 $
TOH Tennis Courts Resurfacing 56,175 $
NPH Modular Buildings Lease (1) 6,750 $
NPH Annual Contribution to Track & Field Trust 50,000 $ TOH Annual Contribution to Track & Field Trust 50,000 $ WHS Annual Contribution to Track & Field Trust 50,000 $ Salaries and Benefits 88,323 $
Total: 727,683$
CONEJO VALLEY UNIFIED SCHOOL DISTRICT
REQUEST FOR APPROVAL OF 2022/23 TOPASS PROJECTS
FIN:515-70\em\H:\COMMON\Council\2023\Accounting\011023 TOPASS ATTACH 1-2.PDF Item No.7G
1 1/30/22, 1:39 PM BoardDocs® Plus
https://go.boarddocs.com/ca/conejo/board.nsf/public 1/1 Agenda Item Details
Meeting Sep 20, 2022 - Regular Board Meeting
Category 4. ACTION ITEMS – CONSENT
Subject MM. Business Services - Approval of 2021-2022 TOPASS Annual Compliance Report Type Action (Consent)
Recommended Action Approve the Certificate for Compliance for 2021-2022 TOPASS, as submitted.
ISSUE:
Should the Board of Education approve the Certificate for Compliance for 2021-2022 TOPASS? INFORMATION:
The District receives Redevelopment Agency (RDA) pass-through funds from the City of Thousand Oaks Redevelopment Agency.
There funds are to be used for projects at District sites. As a result of the elimination of Redevelopment Agencies through the passage of Assembly Bill 26, the District is now receiving the former Redevelopment pass-through funds directly from the County Treasurer instead of the City of Thousand Oaks.
The TOPASS Agreement requires an annual compliance report. The District is required to certify that funds have been expended in compliance with the 1984 agreement.
FISCAL IMPACT:
TOPASS Fund: $1,574,411
Respectfully submitted,
Mark W. McLaughlin, Ed.D.
Superintendent
Prepared by,
Victor P. Hayek, Ed.D.
Deputy Superintendent, Business Services
MWM:VPH:mn
TOPASS Certificate for Compliance 2022-09-20.pdf (173 KB) These items are considered routine and will be approved in one action without discussion. If Board members request that an item be removed from Consent or a citizen wishes to speak to an item, the item will be considered under Action items.
FIN:515-70\em\H:\COMMON\Council\2023\Accounting\011023 TOPASS ATTACH 1-2.PDF Item No.7G
CoNrro Valr,Bv UNrrrro Scnool Drsrnrcr
CBnrrrrcarloN FoR CovrpluNcn
WITU REQUIREMENTS OF TOPASS AGREEMENT
The Conejo Valley Unified School District Board of Education and Superintendent of Schools hereby certi$ that:
A. The funds provided by the Agency and the City under the TOPASS Agreement have been expended in compliance with the requirements of the Agreement and have been expended on the projects which were reviewed by the Agency and the City as listed on Exhibit A. (Section 1.3 and 3.4)
B. For 202ll2022,btdgeted and expended funds for custodial, maintenance, and capital improvement projects equal to or greater than the maintenance of effort requirement stated in the TOPASS Agreement as shown on Exhibit B. (Section 3.12.) Adopted this 20th day of September,2022
Capobianco
Clerk, Board of Education
Attachments: Exhibits A-B
FIN:515-70\em\H:\COMMON\Council\2023\Accounting\011023 TOPASS ATTACH 1-2.PDF Item No.7G
Exhibit A
Beginning Balance - TOPASS Fund July 1, 2021 6,058,443 $ Income
2021 Redevelopment Property Tax Trust Fund Allocation
July through June Property Tax Deposits - rec'd directly 1,478,453 Interest Income Earned 20,898
Total Funds Available 7,557,794 $
Expenditures
Expenses through June 30, 2022 (1,574,411)
Total Expenses Including Administrative Salaries and Benefits (1,574,411)$ Ending Balance, June 30, 2022 5,983,383$
Reserve for TOHS Stadium (250,000)
Reserve for NPHS Stadium (500,000)
Reserve for WLHS Stadium (500,000)
Balance Remaining for Future Projects 4,733,383
2021-22 TOPASS THOUSAND OAKS REDEVELOPMENT PROPERTY TAX TRUST FUND Redevelopment Area #2 Thousand Oaks Boulevard Project Area Redevelopment Area #5 Newbury Road Project Area
Thousand Oaks
FIN:515-70\em\H:\COMMON\Council\2023\Accounting\011023 TOPASS ATTACH 1-2.PDF Item No.7G
Exhibit B
Maintenance Operations Maintenance Operations
Salaries 2,475,147 5,309,493 2,637,000 7,082,751
Benefits 1,308,970 2,845,057 1,372,979 3,666,245
Supplies 524,837 143,972 934,892 254,735
Contracted Services 2,817,990 4,546,507 1,129,084 6,619,676 Equipment 42,922 5,722 0 33,148
Total 7,169,866 12,850,751 6,073,955 17,656,555
Total M & O
Combined
Total General 200,495,261 217,425,393
Fund Expense
(1000-6000)
Percentage 9.99% 10.91%
2020-21 2021-22
CONEJO VALLEY UNIFIED SCHOOL DISTRICT
TOPASS AGREEMENT
MAINTENANCE OF EFFORT
Required Maintenance of Effort 7.85%
based on 1979-80 through 1983-84 expenditures
2021-22 Maintenance of Effort 10.91%
FIN:515-70\em\H:\COMMON\Council\2023\Accounting\011023 TOPASS ATTACH 1-2.PDF Item No.7G
TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:January 10, 2023
SUBJECT: Westlake Boulevard (CI 5590) and Erbes Road (CI 5655) Flood Mitigation Projects
RECOMMENDATION:
1. Approve Professional Services Agreement with NextGen Engineering, Inc. (Tucson, AZ) in the amount not-to-exceed $170,616, plus extra services of $17,100 for engineering and design of the Westlake Boulevard Flood Mitigation Project (CI 5590), with a term ending June 30, 2024.
2. Approve Professional Services Agreement with NextGen Engineering, Inc. (Tucson, AZ) in an amount not-to-exceed $138,240, plus extra services of $13,800 for engineering and design of the Erbes Road Flood Mitigation Project (CI 5655), with a term ending June 30, 2024.
3. Authorize acceptance of Hazard Mitigation Grant Program (HMGP) grant from Federal Emergency Management Administration, in the amount of $1,170,000 for the design and construction phases of the Westlake Boulevard Flood Mitigation Project (CI 5590).
4. Authorize acceptance of Hazard Mitigation Grant Program grant from Federal Emergency Management Administration, in the amount of $647,250, for the design and construction phases of the Erbes Road Flood Mitigation Project (CI 5655).
5. Authorize expenditure in the amount of $192,716 ($170,616 Agreement, plus extra services of $17,100, and $5,000 City Furnished Materials and Supplies) as follows: $127,962 from A/C #183-5210-631-8300 (CI 5590, Westlake Boulevard Flood Mitigation) and $64,754 from A/C #001-5210-631-8300 (CI 5590, Westlake Boulevard Flood Mitigation).
6. Authorize expenditure in the amount of $157,100 ($138,240 Agreement, plus extra services of $13,860, and $5,000 City Furnished Materials and Supplies) as Item No.7H
Westlake Blvd. (CI 5590) and Erbes Rd. (CI 5655) Flood Mitigation Projects January 10, 2023
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9 follows: $103,680 from A/C #183-5310-631-8300 (CI 5655, Erbes Road Flood Mitigation) and $53,420 from A/C #001-5310-631-8300 (CI 5655, Erbes Road Flood Mitigation).
7. Find that this action is not a project as defined under the California Environmental Quality Act.
FINANCIAL IMPACT:
No Additional Funding Requested. Minimal staff costs to prepare agreement and reports are included in the Adopted FY 2022-23 General Fund Budget. $1,595,000 is included in the Adopted FY 2022-23 General Fund and Grant Fund Capital Budgets for CI5590 and $863,000 for CI5655. Total estimated costs for the Westlake Boulevard Flood Mitigation and Erbes Road Flood Mitigation projects are $1,597,200 and $864,600, respectively. Staff will request additional budget at time of bid reward if required.
BACKGROUND:
During the 2018 Hill/Woolsey fires, areas along Westlake Boulevard from Valley Spring Drive to Kanan Road (Attachment #1) and Erbes Road from Marview Drive to El Monte Drive (Attachment #2) were impacted by the fires. Due to the succession of rain events following the fires, these locations were inundated with stormwater, debris, and sediment which eroded from the hillside and spilled onto the roadways. The roads became impassable and extensive debris removals were required.
Following the 2018 fires and Presidential Major Disaster Declaration (DR 4407) in several areas of the state, including Ventura County, HMGP funds from FEMA were made available. The goal of the HMGP, administered by the California Office of Emergency Services (Cal-OES), is to identify and fund qualifying projects that mitigate or reduce the risk of loss of life and future property damage caused by floods and fires.
The City submitted HMGP applications to Cal-OES in 2019 for the Westlake Boulevard Flood Mitigation Project (CI 5590) and Erbes Road Flood Mitigation Project (CI 5655). The concept for both projects consisted of a terraced retaining wall, a sediment basin, and drainage inlets. The City received $1,170,000 HMGP funding for the Westlake Boulevard project and $647,250 HMGP funding for the Erbes Road project, with a 25 percent City matching fund requirement.
Item No.7H
Westlake Blvd. (CI 5590) and Erbes Rd. (CI 5655) Flood Mitigation Projects January 10, 2023
4 6
9 DISCUSSION/ANALYSIS:
On October 7, 2022, the City published a Request for Proposals/Qualifications (RFP/Q) for engineering consulting firms to provide professional services for the following phases of the Westlake Boulevard Flood Mitigation Project (CI 5590) and Erbes Road Flood Mitigation Project (CI 5655):
· Phase I – Engineering Design and Bid Process
· Phase II – Construction Engineering Support, Inspection, and Material Testing Since each of the two projects have different approved grant funding, it is required to keep a separate account of each projects’ costs, design and construction activities. The published RFP/Q clearly identified the scope of work for each project and was set up to allow the award of one or both contracts to the same or different consultants.
This RFP/Q was done in accordance with Government Code section 4526 and Thousand Oaks Municipal Code section 3-10.401. Unlike the low bid requirements of the Public Contract Code, contracts for professional, management, general, or special services should only be awarded to firms or persons who have demonstrated an adequate level of experience, competence, training, credentials, resources, staffing, and other professional qualifications necessary for more than a satisfactory performance of the services solicited. The award of an RFP/Q is based upon a variety of factors that demonstrate the best value to the agency for the solicited scope of service. The cost of the service may be considered as one of those factors; however, the lowest cost is not the sole factor in deciding who will be awarded the contract.
The RFP/Q was sent to over 800 vendors and a total of 30 vendors downloaded the RFP/Q documents. However, the City received only one proposal which was from NextGen Engineering, Inc., (NextGen) of Tucson, AZ. A team of five City staff evaluated the proposal for content, qualifications, creativity, project understanding, and quality. NextGen was selected based on the following criteria:
· Project understanding and approach
· Relevant experience (projects of similar size and scope) · Quality, clarity, responsiveness, and conformance with the terms of the RFP/Q · Overall qualifications and availability of key persons working on the project · Team members’ (subconsultants) qualifications
· Reasonableness of completion schedule and estimated level of effort dedicated to complete each task
Item No.7H
Westlake Blvd. (CI 5590) and Erbes Rd. (CI 5655) Flood Mitigation Projects January 10, 2023
4 6
9 NextGen’s local office, located in Ventura, has successfully been involved with flood plain and hydrology/hydraulics projects in Ventura County with the cities of Ojai, Oxnard, Fillmore, Ventura, and the County of Ventura. A detailed scope of work and consulting fees have been negotiated and finalized with NextGen for services under Phase 1 (Design/Bid Process) of the projects. Staff recommends City Council approve the two Professional Services Agreements with NextGen for Phase I services in the amount of $170,616 for the Westlake Boulevard Flood Mitigation project (Attachment #3) and $138,240 for the Erbes Road Flood Mitigation project (Attachment #4). Upon successful completion of the Design Phase, staff will seek City Council’s authorization to amend NextGen’s contract to provide engineering services during the Construction Phase of the projects.
ESTIMATED PROJECT COST SUMMARY
WESTLAKE BOULEVARD FLOOD MITIGATION
Design (This Action) $ 170,616
Design Extra Services (This Action) $ 17,100
City Furnished Materials/Supplies (This Action) $ 5,000 Construction Estimate (Future Action) $ 1,404,500
Total Estimated Project Cost $ 1,597,216
ERBES ROAD FLOOD MITIGATION
Design (This Action) $ 138,240
Design Extra Services (This Action) $ 13,860
City Furnished Materials/Supplies (This Action) $ 5,000 Construction Estimate (Future Action) $ 707,500
Total Estimated Project Cost $ 864,600
PROJECT TIMELINE
FEMA/CAL-OES Project Approval July 2022
Begin Design January 2023
Bid Process & Award January 2024
Construction Spring 2024
This action is not a project as defined under the California Environmental Quality Act because this action will not result in a direct or foreseeable indirect physical change in the environment [14 CCR 15060(c)]. The scope of work for the consultant for both projects includes an environmental evaluation of the project. The results of the environmental evaluation will be brought back to City Council before the projects move forward for bidding and construction.
Item No.7H
Westlake Blvd. (CI 5590) and Erbes Rd. (CI 5655) Flood Mitigation Projects January 10, 2023