Agenda packet — Thousand Oaks City Council, April 4, 2023 (part 3 of 4)

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increase in the density or intensity of use of the Property or the maximum height or maximum gross square footage; (f) changes to the zoning of the Property, shall be deemed a “Major Amendment” and shall require giving of notice and a public hearing before the City’s Planning Commission and the City Council. Any amendment, which is not a Major Amendment, shall be deemed a Minor Amendment subject to Subsection

11.2 below. The City Manager or his or her designee shall have the discretionary authority to determine if any amendment is a Major Amendment subject to this Section or a Minor Amendment subject to Subsection 11.2 below. Said determination may be appealed to the City Council.

11.2. Minor Amendments. The Parties acknowledge minor changes to the terms and conditions of this Agreement may include any modification to the Project that is consistent with the intent of the approved Project Plans and which does not involve any deviation from the Specific Plan or Municipal Code standards as applicable. The Parties desire to retain a certain degree of flexibility with respect to the details of the Project and with respect to those items covered in the general terms of this Agreement. If and when the Parties find that clarifications, minor changes, or minor adjustments are necessary or appropriate and do not constitute a Major Amendment under Subsection 11.1, they shall effectuate such clarifications, minor changes or minor adjustments through a written Minor Amendment approved in writing by Owner and the City Manager. Minor amendments authorized by this subsection may not constitute an “amendment” for the purposes of Government Code sections 65867, 65867.5, and 65868. Unless otherwise required by law, no such Minor Amendment shall require prior notice or hearing.

12. Cancellation and Termination. In addition to the Agreement ending by the inaction of owner to build the Project within the time limits set forth above, this Agreement may be canceled, in whole or in part, by mutual consent of the parties in the manner provided for in Government Code Section 65868 and Thousand Oaks Municipal Code Section 9-11.14. Any termination under Government Code Section 65865.1 or Thousand Oaks Municipal Code Section 9-11.14(b) shall be effective only if Owner is provided no less than thirty (30) days in which to cure any alleged noncompliance, provided that City shall not terminate this Agreement pursuant to Section 65865.1 or Section 9-11.14(b) if City determines in good faith that the nature of the noncompliance requires more than thirty (30) days to cure and that Owner is capable of effecting such cure, and within such thirty (30) days Owner commences such cure and thereafter diligently and with continuity prosecutes such cure to completion. Any termination of this Agreement pursuant to Section 65865.1 or Section 9-11.14(b) shall be preceded by an opportunity for Owner to be heard before the City Council. This provision shall not limit City's or Owner's remedies as provided in this Agreement.

13. Enforcement. Unless canceled or terminated as provided herein, this Agreement is enforceable by City, Owner, or any successor in interest, notwithstanding any change in any applicable General or specific plan, zoning, or subdivision regulation Item No.11B

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adopted by City or otherwise imposed which alters or amends the rules, regulations or policies specified in this Agreement.

14. Periodic Review of Compliance with Agreement.

14.1. Periodic Review. City may review compliance with this Agreement every six (6) months from the date this Agreement is executed unless a shorter time is specified by the City Council. City shall notify Owner in writing of the date for review at least thirty (30) days prior thereto, and Owner shall provide such information in Owner’s possession as City may reasonably require so City may properly perform the review.

14.2. Good-Faith Compliance. During each periodic review, Owner shall be required, in accordance with Thousand Oaks Municipal Code Section 9-11.13, to reasonably demonstrate by substantial evidence good faith compliance with the terms and conditions of this Agreement.

15. Events of Default.

15.1. Defaults by Owner. If City determines in its reasonable, good faith discretion, that Owner is in default under the terms and conditions of this Agreement, City shall, by written notice to Owner, specify the manner in which Owner is in default and state the steps Owner must take to comply. If, within thirty (30) days after the effective date of notice from City specifying the manner in which Owner has failed to so comply, Owner does not commence all steps reasonably necessary to comply as required and thereafter diligently and with continuity pursue such steps to cure the default, then Owner shall be deemed to be in breach of this Agreement and City may terminate this Agreement or seek other remedies as set forth in this Agreement.

15.2. Defaults by City. If Owner determines in its reasonable, good faith discretion that City is in default under the terms and conditions of this Agreement, Owner shall, by written notice to City, specify the manner in which City is in default and state the steps City must take to comply. If, within thirty (30) days after the effective date of notice from Owner specifying the manner in which City has failed to so comply, City does not commence all steps reasonably necessary to comply as required and thereafter diligently and with continuity pursue such steps to completion, then City shall be deemed to be in breach of this Agreement and Owner may terminate this Agreement or seek other remedies as set forth this Agreement.

15.3. Remedies. The exclusive remedy for Owner for a default by City shall be specific performance under the terms of this Agreement to construct the Project as described within this Agreement. To the extent permitted by applicable law, Owner shall not assert, and hereby waives, any claim against City, its Officials, Officers, Employees, and Agents, on any theory of liability, for special, indirect, consequential, or punitive damages arising out of, in connection with, or as a result of, this Agreement and any Item No.11B

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actions by City to approve the Project and this Agreement. Owner further waives any right to monetary damages such as compensatory damages, loss of economic benefit, or lost profits.

15.4. No Monetary Damages. It is acknowledged by the Parties that neither the City nor Owner would have entered into this Agreement if it were liable in monetary damages under or with respect to this Agreement or the application thereof.

The Parties agree and recognize that, as a practical matter, it may not be possible to determine an amount of monetary damages that would adequately compensate Owner for its investment of time and financial resources in planning to arrive at the kind, location, intensity of use, and improvements for the Project, nor to calculate the consideration the City would require to enter into this Agreement to justify the exposure. Therefore, the Parties agree that each of the Parties may pursue any remedy at law or equity available for any breach of any provision of this Agreement, except that neither Party nor any Transferee shall be liable in monetary damages and the Parties covenant not to sue for or claim any monetary damages for the breach of any provision of this Agreement In no event shall either Party be entitled to special, consequential, or punitive damages or damages measured by lost profits.

15.5. Commencement of Legal Action. In addition to any other rights or remedies, either party may initiate legal action to cure, correct, or remedy any default, to enforce any covenants or agreements herein, to enjoin any threatened or attempted violation hereof, to recover damages or any default, or to obtain any other remedies consistent with the purpose of this Agreement. Venue for such action shall be in Ventura County.

16. Waivers and Delay.

16.1. Waiver. Failure by a party to timely insist upon the strict performance of any of the provisions of this Agreement by the other party, and failure by a party to timely exercise its rights upon a breach of this Agreement by the other party hereto, shall not constitute a waiver of such party's right to demand strict compliance with the terms and conditions of this Agreement by either party in the future.

16.2. Third Parties. Non-performance of the obligations or responsibilities of either party under this Agreement shall not be excused because of a failure of a third party, except as provided in Section 19.3.

16.3. Force Majeure. The parties shall not be deemed to be in default of any provision of this Agreement where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, pandemic, strikes and other labor difficulties beyond the parties’ reasonable control. If any such events shall occur, the terms of this Agreement and the time for performance by party of any of its obligations hereunder shall be extended by the period of time that such events prevented performance of the obligation.

To assist the parties in determining the period of time for excusable delay, the parties Item No.11B

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may refer to federal, State, and local orders, including health orders, adopted by any of the various agencies that directly impact this Project and the parties’ ability to either work on the Project or process permits.

16.4. Nexus/Reasonable Relationship Challenges. Notwithstanding Section 15.4, Owner consents to, and waives any rights it may have now or in the future to challenge the legal validity of (1) the express conditions, requirements, policies, rules, regulations or programs required by City’s existing land use regulations, including City’s General Plan, Municipal Code, Subdivision Map Act regulations, Specific Plan No. 07, Residential Planned Development rules and regulations, and Oak/Landmark Tree Preservation rules and regulations as they exist on the Agreement Date as to the Project; or (2) this Agreement, including without limitation, any claim that the Agreement constitutes an abuse of the police power, violates substantive due process, denies equal protection of the laws, constitutes or results in a taking of property without payment of just compensation, or imposes an unlawful fee, exaction, or tax.

16.5. Cooperation by Owner. Owner will, in a timely manner, provide City with all documents, applications, plans, and other information in Owner’s possession and control, to the extent the same are not confidential or proprietary, reasonably necessary for City to carry out its obligations hereunder, provided that City provides Owner with reasonably adequate time to comply with any such requests, and shall use reasonable efforts to cause Owner’s planners, engineers, and all other consultants to submit in a timely manner all required materials and documents therefore. Owner shall also apply in a timely manner for such other permits and approvals from other governmental or quasi- governmental agencies having jurisdiction over the Property as may be required for the development of the Project.

17. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid, or by email.

Notices required to be given to City shall be addressed as follows:

City of Thousand Oaks
2100 Thousand Oaks Boulevard
Thousand Oaks, California 91362
Attention: Community Development Director
[email protected]
Notices required to be given to Owner shall be addressed as follows:

Item No.11B

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Shapell SoCal Rental Properties, LLC
1990 S. Bundy Drive, Suite 500
Los Angeles, CA 90025
Attn: Doug Griffith, Director of Multifamily Operations [email protected]
With a copy to:

Shapell SoCal Rental Properties, LLC
1990 S. Bundy Drive, Suite 500
Los Angeles, CA 90025
Attn: Corporate Counsel
[email protected]
Formal written notices, demands, correspondence and communications between City and Developer shall be sufficiently given if dispatched by certified mail, postage prepaid, to the principal office of City and Developer, as set forth in this Section.

Developer shall give written notice to City, at least thirty (30) days prior to the close of escrow, of any sale or transfer of any portion of the Property and any assignment of this Agreement, specifying the name or names of the transferee, the transferee’s mailing address, the acreage and location of the land sold or transferred, and the name and address of a single person or entity to whom any notice relating to this Agreement shall be given, and any other information reasonably necessary for City to consider approval of an assignment pursuant to Section 19 or any other action City is required to take under this Agreement.

Any notice given as required, herein, shall be deemed given as of seventy-two (72) hours after deposit in the United States mail, if sent by mail, or upon delivery if personally delivered. A party may change its address for notices by giving notice in writing to the other party as required, herein, and thereafter notices shall be addressed and transmitted to the new address.

18. Cooperation in the Event of Legal Challenge.

18.1. Challenges to Agreement. In the event of any legal action instituted by a third party, including but not limited to any other governmental entity or official, challenging the validity of any provision of this Agreement, City and Owner hereby agree to affirmatively cooperate in defending such action, including without limitation cooperation in seeking specific performance, declaratory relief or injunctive relief, to set court dates at the earliest practicable date(s) and to minimize delay in the prosecution/defense of such action, provided such cooperation shall not require any Party to waive any rights. Each party shall bear their own costs and attorney’s fees in defending any such third-party challenge to the Agreement, except that the parties may by mutual Item No.11B

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written consent agree to joint legal representation in any such suit, the cost of which shall be equally shared between City and Owner. In the event of any litigation challenging this Agreement, or any portion hereof, this Agreement shall remain in full force and effect while such litigation, including any appellate review, is pending.

18.2. Challenges to Entitlements. In the event of any administrative, legal, or equitable action or other proceeding instituted by any person or entity not a party to the Agreement challenging any entitlement issued in reliance upon City approvals or challenging the sufficiency of any environmental review of this Project (each a “Entitlement Challenge”), each party must cooperate in the defense of such Entitlement Challenge, in accordance with this Section. Owner agrees to pay City’s costs of defending an Entitlement Challenge (unless such challenge arises from or is related to any negligence or willful misconduct of City or any City employees, contractors, or elected officials), including all court costs and reasonable attorney’s fees incurred by City in defense of any Entitlement Challenge. Owner may select its own legal counsel to represent Owner’s interests in any Entitlement Challenge at Owner’s sole cost and expense. City agrees that it will not enter into a settlement agreement to any Entitlement Challenge without Owner’s prior written consent. Owner’s obligation to pay City’s costs in the defense of an Entitlement Challenge does not extend to those costs incurred on appeal filed by City as against a successful third party unless otherwise authorized by Owner in writing.

18.3. City’s Right to Independent Legal Evaluation. Nothing in this Section shall be construed as preventing City from independently evaluating its rights, obligations and causes of action in the event of litigation.

18.4. Cooperation. The City shall cooperate with Developer in the defense of the Proceeding; provided, however, that such obligation of the City to cooperate in its defense shall not require the City to (a) assert a position in its defense of the Proceeding which it has determined, in its sole discretion, has no substantial merit, (b) advocate in its defense of the Proceeding legal theories which it has determined, in its sole discretion, lack substantial merit, or (c) advocate in its defense of the Proceeding legal theories which it has determined, in its sole discretion, are contrary to its best interests, or to public policy.

Nothing contained in this Section 18.4 shall require Developer to refrain from asserting in its defense of the Proceeding positions or legal theories that do not satisfy the foregoing requirements.

18.5. Defending The Proceeding. Developer shall have the right, but not the obligation, to timely retain legal counsel to defend against any Proceeding, including without limitation a lawsuit to challenge a Project Approval or this Agreement based on an alleged violation of CEQA. The City shall have the right, if it so chooses, to defend any Proceeding utilizing in-house legal staff, or to retain outside legal counsel. Whether the City utilizes in-house legal staff, or outside legal counsel, Developer shall be liable for all legal costs, fees and expenses reasonably incurred by the City in defending a Item No.11B

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Proceeding. Provided that Developer is not in breach of the terms of this Agreement, the City shall not enter into any settlement of a Proceeding that involves the modification of any Project Approval or otherwise results in Developer incurring liabilities or other obligations, without the prior written consent of Developer.

19. Transfers and Assigns.

19.1. Transfers in General. Subject to the provisions of Section 19 of this Agreement, Owner shall have the right to sell, assign or transfer (collectively “transfer”) Owner’s rights, title, and interests in and to the Property, the Project, and any and all of its rights, duties and obligations hereunder, to any person or entity at any time during the term of this Agreement, provided, however, in no event shall the rights, duties and obligations conferred upon Owner pursuant to this Agreement be at any time so transferred to or assigned except through a transfer of Owner's interest in the Property or a portion thereof.

19.2. City Review of Proposed Transfer. Prior to any such proposed transfer, Owner shall provide a Notice of Transfer to City, including the name, net worth, and development experience of the transferee. Any such transfer to an entity whose development experience confirms the transferee's ability to develop a project comparable in size and complexity to the Project shall be approved by the City’s Community Development Director. Unless agreed to in writing, if Owner transfers the rights under this Agreement before the Project is completely constructed, the subsequent Owner will be required to build or complete the construction of the Project based on the architectural plans approved by City and under the same entitlement conditions previously approved. The City’s Community Development Director may require the submittal of reasonable documentation regarding the information provided relative to the proposed transferee. Any proposed transferee shall provide City all documents within five (5) days from receipt of the City’s Community Development Director’s request that support a finding transferee has the requisite experience and the financial stability to develop the Project. The Community Development Director may withhold approval of such transfer only if the proposed transferee fails to provide requested document to the Director in the time set forth above, the Director determines with reasonable discretion that the transfer would be to an entity that has not had experience developing projects of comparable size and complexity to the Project, or the transferee entity does not have sufficient net worth and financial fitness to carry out the Project, provided that the Community Development Director's approval shall not be commercially reasonable and shall not be unreasonably withheld, conditioned, or delayed. City shall notify Owner in writing of the Community Development Director’s approval or disapproval of the transferee within thirty (30) days of City's receipt of Owner's Notice of Transfer and all supporting information requested by the Director regarding the proposed transferee.

Failure by City to notify Owner within such thirty (30) day period shall constitute the Community Development Director's approval of such transferee. Owner shall have the right to appeal the determination of the Community Development Director to the City Item No.11B

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Manager or Designee within ten days of the Director’s determination. The City Manager or Designee will have up to forty-five (45) days to review the documentation provided by Owner or proposed transferee, speak with any party related to the issue, and issue a final, written determination.

19.3. Transfer to Lender. Nothing contained in this Section 19 shall prevent a transfer of the Property, or any portion thereof, to an institutional lender as a result of a foreclosure or deed in lieu of foreclosure and any lender acquiring the Property, or any portion thereof, as a result of foreclosure or a deed in lieu of foreclosure shall take such Property subject to the rights and obligations of Owner under this Agreement; provided, however, that, in no event shall such lender be liable for any defaults or monetary obligations of Owner arising prior to acquisition of title to the Property by such lender and, provided further that, in no event shall any such lender or its successors or assigns be entitled to a building permit or occupancy clearance for which the applicable permits have not been issued and/or fees have not been paid to City.

19.4. Conditions of Transfer. The sale, transfer or assignment of Owner's rights and interests under this Agreement may be permitted only if (a) Owner is not then in default under this Agreement which has not been cured; (b) Owner has provided to City notice of such transfer; and (c) the transferee executes and delivers to City a written agreement in which (1) the name and address of the transferee is set forth; and (2) the transferee expressly and unconditionally assumes all the obligations of Owner under this Agreement with respect to the Property and Project. If owner splits the Property in any way and sells a portion of the Property as currently defined in the legal description set forth in Exhibit A, the new or additional Owner or Developer must comply with the terms of this Agreement including complying with the timing of construction milestones as set forth in Section 7 and other sections herein, as well as all documents incorporated into this Agreement either as attachments or by specific reference. All additional owners shall execute an “Acceptance of Conditions” document in which they agree to comply with all entitlement conditions for the subject entitlements of the site.

19.5. Exceptions to Obtaining City Consent. Notwithstanding subsection

19.4, mortgages, deeds of trust, sales and leasebacks or any other form of conveyance required for any reasonable method of financing are permitted without City’s consent, but only for the purpose of securing loans of funds to be used for financing or refinancing the development and construction of improvements on the Property and other necessary and related expenses. The holder of any mortgage, deed of trust or other security arrangement with respect to the Property, or any portion thereof, shall not be obligated under this Agreement to construct or complete improvements or to guarantee such construction or completion, but shall otherwise be bound by all of the terms and conditions of this Agreement. Nothing in this Agreement shall be deemed to construe, permit, or authorize any such holder to devote the Property, or any portion thereof, to any uses, or to construct any improvements thereon, other than those uses and improvements provided for or authorized by this Agreement, subject to all of the terms and conditions of this Agreement.

Item No.11B

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19.6. Reorganization of Owner’s Business Structure Exception. Nothing in this Section shall be deemed to constitute or require City consent to an assignment or transfer that consists solely of a reorganization of the Developer’s business structure, such as (i) any sale pledge, assignment or other transfer of all or a portion of the Project Site to an entity directly controlled by Developer or its affiliates and (ii) any change in Developer entity form, such as a transfer from a corporation to a limited liability company or partnership, that does not affect or change beneficial ownership of the Property; provided, however, in such event, Developer shall provide to City written notice, together with such backup materials or information reasonably requested by City, within thirty (30) days following the date of such reorganization or City’s request for back up information, as applicable.

20. No Third-Party Beneficiaries. This Agreement is for the exclusive benefit of Owner and City and not for the benefit of any other party. There shall be no incidental or other beneficiaries of any of Owner’s or City's respective rights or obligations under this Agreement.

21. Severability. If any terms, provisions, conditions or covenants in this Agreement, or the application thereof to any party or circumstances, shall to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms, provisions, conditions or covenants to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

22. Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. Venue shall be in Ventura County.

23. Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.

24. Rules of Construction and Miscellaneous Terms.

24.1. General/Mandatory/Permissive. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, "may" is permissive.

24.2. Time of Essence. Time is of the essence regarding each provision of this Agreement of which time is an element.

Item No.11B

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24.3. Cooperation. Each party covenants to take such reasonable actions and execute all documents that may be necessary to achieve the purposes and objectives of this Agreement, provided City shall not be obligated to institute a lawsuit or other court proceeding in this connection.

24.4. Covenant of Good Faith and Fair Dealing. Neither party shall do anything which shall have the effect of harming or injuring the right of the other party to receive the benefits of this Agreement; each party shall refrain from doing anything which should render its performance under this Agreement impossible; and each party shall do everything which this Agreement contemplates that such party shall do in order to accomplish the objectives and purposes of this Agreement.

24.5. Estoppel Certificates. Either Party may, at any time, and from time to time, deliver written notice to the other Party requesting such party to certify in writing that, to the knowledge of the certifying Party, (a) this Agreement is in full force and effect and a binding obligation of the Parties; (b) this Agreement has not been amended or modified or, if so amended or modified, identifying the amendments or modifications; and (c) the requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, to describe therein the nature and extent of any such defaults.

The requesting Party may designate a reasonable form of certificate (including a lender’s form) and the Party receiving a request hereunder shall execute and return such certificate or give a written, detailed response explaining why it will not do so within fifteen (15) days following the receipt thereof. The City manager, or his or her designee, shall be authorized to execute any certificate requested by Developer hereunder. Developer and City acknowledge that a certificate hereunder may be relied upon by tenants, transferees, investors, partners, bond counsel, underwriters, and other mortgagees. The request shall clearly indicate that failure of the receiving Party to respond within the fifteen (15) day period will lead to a second and final request and failure to respond to the second and final request within five (5) days of receipt thereof shall be deemed approval of the estoppel certificate. Failure of City or Developer to execute an estoppel certificate shall not be deemed a default.

24.6. Project Is Owner’s Undertaking. The development proposed to be undertaken by Owner is a private development, and Owner may exercise full dominion and control over the Project subject only to the limitations and obligations of Owner contained in this Agreement and the Development Entitlements.

24.7. Entire Agreement. This Agreement and any exhibits hereto or any amendments and addenda that may be executed in accordance with Section 11 herein contains the entire agreement between the parties and any agreement or representation respecting the matters dealt with herein or the duties of any party in relation thereto not expressly set forth in this Agreement shall be null and void.

Item No.11B

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24.8. Recitals. The Recitals set forth in this Agreement are specifically incorporated into and made a part of this Agreement.

25. Binding Effect of Agreement. Development of the Property is hereby authorized and shall be carried out only in accordance with the terms of this Agreement.

The Property, City and Owner are subject to each term, condition, and covenant of this Agreement.

26. Equitable Servitudes and Covenants Running with the Land. Any successors in interest to City and Developer shall be subject to the provisions set forth in Sections 65865.4 and 65868.5 of the California Government Code. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do, or refrain from doing, some act with regard to the development of the Property: (a) is for the benefit of and is a burden upon the Property; (b) runs with the Property and each portion thereof; and (c) is binding upon each Party and each successor in interest during the term of this Agreement or any portion thereof.

Nothing herein shall waive or limit the provisions of Section 19, and no successor owner of the Property, any portion of it, or any interest in it shall have any rights except those assigned to the successor by the developer in writing pursuant to Section 19. In any event, no tenant of an individual completed residential unit within Project shall have any rights under this Agreement.

27. Hold Harmless Agreement.

27.1. Duty to Hold Harmless, Defend and Indemnify. Excepting as to the extent any loss, property damage or injury arose from the City’s or the City’s officers’, agents’, employees’, or contractors’ breach of this Agreement, or their acts of negligence or willful misconduct, as determined by a court of competent jurisdiction, Developer hereby agrees to and shall defend, indemnify and hold City, its elective and appointive boards, commissions, officers, agents and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage caused by Developer or Developer’s contractors, subcontractors, agents or employees under this Agreement, whether such operations be by Developer, or by any of Developer’s contractors, subcontractors, or by any one or more persons directly or indirectly employed by or acting as agent for Developer or any of Developer’s contractors or subcontractors.

In the event any claim, action, or proceeding is instituted against City, and/or its officers, agents, and employees, by any third party on account of the processing, approval, or of the Project Approvals and/or this Agreement, then the parties shall comply with section 18.1 and 18.2. As an alternative to defending any such action, Developer may request that the City rescind any approved land use entitlement. The City will promptly notify Developer of any known claims, actions, or similar proceedings involving the Project, and will cooperate fully in the defense thereof.

Item No.11B

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28. Enforced Delay; Extension of Time of Performance. In addition to specific provisions of this Agreement, whenever a period of time, including a reasonable period of time, is designated within which either Party is required to do or complete any act, matter or thing, the time for the doing or completion thereof shall be extended by a period of time equal to the number of days during which such Party is actually prevented from, or is unreasonably interfered with, the doing or completion of such act, matter or thing because of causes beyond the reasonable control of the Party to be excused, including:
war; insurrection; strikes; walkouts; riots; floods; earthquakes; fires; casualties; pandemics; acts of God; litigation and administrative proceedings against the Project (not including any administrative proceedings contemplated by this Agreement in the normal course of affairs such as the annual review).

29. Dispute Resolution

29.1. Dispute Resolution Proceedings. The Parties may agree to dispute resolution proceedings in an effort to resolve disputes or questions of interpretation under this Agreement in a fair expeditious manner. These dispute resolution proceedings may include: (a) procedures developed by the City for expeditious interpretation of questions arising under development agreements; (b) arbitration as provided below; or (c) any other manner of dispute resolution which is mutually agreed upon by the parties.

29.2. Arbitration. Any dispute between the Parties that the Parties agree to resolve by arbitration shall be settled and decided by arbitration conducted by an arbitrator who must be a former judge of the Ventura County Superior Court or Appellate Justice of the Second District Court of Appeals or the California Supreme Court. This arbitrator shall be selected by mutual agreement of the Parties. If the parties are unable to promptly agree upon an arbitrator, each will provide a list of three available judges to the other and the other party may strike one. If only one judge remains from this process (because some of the judges on the two lists are identical), then that judge shall serve as the arbitrator. If two or more judges remain from this process, then the parties shall endeavor in good faith to select one of them as the arbitrator. In the event that the parties cannot select an arbitrator, the matter shall be submitted to JAMS for selection of a JAMS panel arbitrator.

29.3. Arbitration Procedures. Upon appointment of the arbitrator, the matter shall be set for arbitration at a time not less than thirty (30) nor more than ninety (90) days from the effective date of the appointment of the arbitrator. The arbitration shall be conducted under the procedures set forth in California Code of Civil Procedure Sections 638 et seq., or under such other procedures as are agreeable to both Parties, except that provisions of the California Code of Civil Procedure pertaining to discovery and the provisions of the California Evidence Code shall be applicable to such proceeding.

Item No.11B

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29.4. Extension of Term. The Term of this Agreement, as set forth in Section 6.1, above, shall automatically be extended for the period of time in which the Parties are engaged in dispute resolution to the degree that such extension of the Term is reasonably required because activities which would have been completed prior to the expiration of the Term are delayed beyond the scheduled expiration of the Term as the result of such dispute resolution.

30. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California, and the venue for any legal actions brought by any party with respect to this Agreement shall be the County of Ventura, State of California for state actions and the Central District of California, Southern Division, for any federal actions.

31. Constructive Notice and Acceptance. Every person or entity that now or hereafter owns or acquires any right, title, interest in or to any portion of the Property, is and shall be conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person or entity acquired such interest in the Property.

32. Successors and Assignees. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the Parties, any subsequent owner of all or any portion of the Property and their respective Transferees, successors, and assignees.

33. Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought and refers expressly to this Section. No waiver of any right or remedy with respect to any occurrence or event shall be deemed a waiver of any right or remedy with respect to any other occurrence or event.

34. No Third-Party Beneficiaries. The only Parties to this Agreement are the City and Developer. There are no third-party beneficiaries and this Agreement is not intended and shall not be construed to benefit or be enforceable by any other person whatsoever.

35. Legal Advice; Neutral Interpretation; Headings, Table of Contents, and Index. Each Party acknowledges that it has received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement shall be construed as to their fair meaning, and not for or against any Party based upon any attribution to such Party as the source of the language in question. The headings, table of contents, and index used in this Agreement are for the convenience of reference only and shall not be used in construing this Agreement.

Item No.11B

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36. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This Agreement, not counting the Cover Page or signature page, consists of 29 pages and four (4) Exhibits.

37. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The Parties agree that all legal actions (including, without limitation, proceedings at law or in equity) arising out of this Agreement, shall be commenced and maintained only in Ventura County Superior Court, in any other appropriate court in the County of Ventura, or in the United States District Court for the Central District of California, Southern Division. Each Party hereby agree to submit to the jurisdiction of any and all such courts and further agree that venue shall be proper only in such courts. This Section shall survive the termination of this Agreement.

38. Attorneys’ Fees. In the event of any action between the City and Developer for enforcement or interpretation of any of the terms or conditions of this Agreement, the prevailing party in such action shall be entitled to recover its reasonable costs and expenses, including without limitation court costs and attorneys' fees actually and reasonably incurred, as awarded by a court of competent jurisdiction. This Section shall survive the termination of this Agreement.

39. Recordation. This Agreement and any amendment or cancellation hereof shall be recorded in the Official Records of Ventura County by the Clerk of City within ten (10) days after the Agreement Effective Date and within ten (10) days after any amendment or cancellation hereof. A failure to record the Agreement in a timely fashion shall not impact its effectiveness.

IN WITNESS WHEREOF, this Agreement is entered into by the parties hereto and made effective as of the Effective Date set forth hereinabove. “OWNER”

SHAPELL SOCAL RENTAL PROPERTIES,
LLC
a Delaware limited liability company
By: __________________________________
Name: _______________________________
Title: _________________________________
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“CITY”

CITY OF THOUSAND OAKS,
a municipal corporation
By: __________________________________
Kevin McNamee, Mayor
ATTEST:
____________________________
Laura B. Maguire, City Clerk
APPROVED AS TO FORM:
_____________________________
Patrick J. Hehir, Chief Assistant City Attorney
APPROVED AS TO ADMINISTRATION:
_____________________________
Andrew P. Powers, City Manager
Acknowledgements on following pages.

Item No.11B

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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF
On , , before me,
(here insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
(Seal)
Item No.11B

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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
(Seal)
Item No.11B

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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
(Seal)
Item No.11B

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STATE OF CALIFORNIA

COUNTY OF
On , , before me,
(here insert name and title of the
officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
(Seal)
Item No.11B

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EXHIBIT “A”
Legal Description of Property
EXHIBIT “A”

LEGAL DESCRIPTION
PARCEL 2 OF PARCEL MAP L.D. 674, IN THE CITY OF THOUSAND OAKS,

COUNTY OF VENTURA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 58, PAGE 19, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

CONTAINING 1.60 ACRES, MORE OR LESS.

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EXHIBIT “B”
Site Plan
Item No.11B

COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS OF APPROVAL FOR 2020-70026-LU; 2022-70511-DAGR; 2021-70019-RPD; 2022-70626-PTP; 2020-70027- SPA; and 2021-70893-ND
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EXHIBIT “C”
Conditions of Approval
CONDITIONS OF APPROVAL FOR 2020-70026-LU; 2022-70511-DAGR; 2021- 70019-RPD; 2022-70626-PTP; 2020-70027-SPA; and 2021-70893-ND

COMMUNITY DEVELOPMENT DEPARTMENT

PLANNING DIVISION

1.Land and Application – The General Plan Amendment; Residential Planned Development Permit; Specific Plan Amendment; Protected Tree Permit; Development Agreement; and Negative Declaration are adopted, granted or accepted for the land described in the application, any attachment thereto, and as shown on the submitted “Project Plan Set,” dated January 13, 2021, included as an attachment to the Planning Commission staff report dated February 27, 2023.

2.Scope of Permit Approval – A General Plan Amendment from Industrial to High-Density Residential; a Specific Plan Amendment to SP-07 (Rancho Conejo Specific Plan); a Development Agreement specifying development performance and community benefits; a Residential Planned Development Permit for the construction of a new 27-unit, multi-family residential apartment building consisting of two stories and associated amenities; a Protected Tree Permit to allow minimal encroachment of one (1) coast live oak (Quercus agrifolia) tree and two (2) California sycamore (Platanus racemosa) trees, as shown on project plans labeled “Project Plan Set,” dated January 13, 2021, and the Tree Report (August 18, 2022) and updated arborist memo (August 29, 2022), attached to the Planning Commission staff report dated February 27, 2023; unless conditioned otherwise herein. The General Plan Amendment and all entitlements associated with this approval shall only be effective once the Development Agreement is in effect.

3.Approval Period – The above permits are granted for the period identified in Development Agreement (DAGR) 2022-70511 and contingent on compliance with the terms set forth therein.

4.Final Plans – Prior to the issuance of a building permit, final site, grading, floor, elevation and roof plans shall be submitted for the review and Item No.11B

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approval of the Community Development Department. Said plans shall incorporate any design change and other requirement as conditioned herein.

5.Project Changes/Modifications – Minor changes to RPD 2021-70019 and PTP 2022-70626; may be approved by the Community Development Department, provided such changes achieve substantially the same results and the project is still in compliance with the Specific Plan, including all development standards, and, as applicable, the Thousand Oaks Municipal Code. Revised plans reflecting the minor changes and additional fees shall be required.

6.Condition Compliance – All development on the subject property shall be constructed and thereafter maintained in accordance with the conditions of this permit, and the Development Agreement.

7.Compliance with Applicable Laws, Rules, and Regulations – In accordance with the vested rights as provided for in the Government Code and the Development Agreement (DAGR 2022-70511), the applicant shall at all times comply with any and all local, city, county, state and federal laws, regulations and orders now in effect or which may hereafter be enacted pertaining to the approved modification or affecting the installation, operation or maintenance of the mixed-use development.

8.Regulatory Agency Approval – The requirements of all applicable regulatory agencies shall be met, and approval obtained, prior to gas service release. Copies of all required licenses shall be submitted to the Community Development Department.

9.Payment of Fees – Approval is subject to the applicant paying all fees and assessments to the City of Thousand Oaks, as required by the Municipal Code, except as otherwise modified by, and in accordance with the Project conditions of approval or the Development Agreement (DAGR 2022-70511).

10.Dedications/Reservations and Public Improvements – With respect to dedications, reservations, construction of public improvements and fees as required by the project development conditions, the applicant is advised, pursuant to Government Code Section 66020, that the ninety (90) day protest period has commenced upon the date of approval of RPD 2021-70019 by the City (April 04, 2023).

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11.Preconstruction Meeting – Prior to issuance of a grading permit, the applicant shall coordinate with the Community Development and Public Works Departments including, a preconstruction meeting at the job site to review field conditions, project conditions, methods and procedures, individual and City department responsibilities associated with the project.

Members attending this meeting shall include but not be limited to City department representatives, City landscape consultant/arborist, owner or designated project coordinator, architect, project consultants, project landscape consultant general contractor and other representatives associated with the project. The meeting shall be arranged no sooner than one (1) week prior to commencement of work.

12.Construction Progress – Once permits have been issued to commence work on the improvements, it is the applicant’s/owner’s responsibility to diligently pursue completion per all conditions, requirements and as represented on the approved plans. Reasonable progress shall occur on a continual basis until completion to the satisfaction of the Community Development Director. Work shall not be discontinued for a period exceeding 30 days, without acceptable cause. The intent is to have the project completed in a timely fashion to prevent a potential blight from partially completed construction.

13.Occupancy – No final inspection or occupancy permit shall be granted until construction and landscaping are complete in accordance with the approved plans and the conditions required herein.

14.Hours of Construction – All grading and construction activities shall be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday with no construction activity permitted on Sunday. Construction workers and vehicles shall not be permitted to congregate in the Arroyo Villa Apartment complex, residential neighborhood to the east, nearby industrial sites, or onsite before and after the construction hours authorized herein.

Likewise, warming of equipment engines shall not be permitted outside the permitted construction hours.

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part of the project plans for which building permits are issued.
•All agreements, obligations, conditions, development
standards, and use allowances contained in Specific Plan 07 and Development Agreement DAGR 2022-70511 shall apply
to this approval.

16.Unauthorized Changes – The applicant acknowledges that the exterior treatment, location of structures and architectural features of the development are of special concern to, and regulated by, the City of Thousand Oaks, which has established criteria and standards concerning development within the City. Any substantial change, modification, or alteration to the architectural design, or in the exterior treatment of any building and structure, including building colors, materials, changes in walkways, doorway, window locations, or in the parking, landscaping and other related features, must first be approved by the City of Thousand Oaks prior to performing the work. Unauthorized change(s) or failure to comply with the conditions of this permit may require future corrective work and result in a City Code violation and appropriate action.

17.Indemnification – The applicant agrees to defend, indemnify and hold harmless the City, its agents, officials, and employees from any claim, action or proceeding against the City or its agents, officials or employees to attack, set aside, void or annul an approval of the City subject to, and to the extent set forth in, the Development Agreement DAGR 2022-70511.

The City shall promptly notify the applicant of any claim, action or proceeding and the City shall cooperate fully in the defense.

18.Signed Acceptance of Conditions – A signed Acceptance of Conditions affidavit shall be executed by the applicant and property owner, or his duly authorized representative, and shall be returned to the Community Development Department prior to the issuance of a building permit.

19.Affordable Housing Agreement – The applicant shall submit to the City an affordable housing agreement for review and approval by the Community Development Department that provides for the on-going affordability of the project.

Approval of this residential project is subject to execution of an Affordable Housing Covenant entered into between the Applicant and City of Thousand Oaks. Said Affordable Housing covenant shall incorporate the following Item No.11B

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conditions and is subject to approval by the City Attorney and Community Development Director.

A. Affordable Housing Covenant shall be recorded prior to final building permit issuance. Covenant shall be recorded to provide notice to any future owners.

B. The Affordable Housing Covenant shall require four (4) units as affordable units. The four (4) units will be preserved at the moderate-income level of 120% of the Ventura County median income.

C. Applicant agrees to execute an Affordable Rental Housing Regulatory Agreement and Declaration of Restrictive Covenant with City that provides for the on-going affordability of these four (4) restricted units for 55 years from the date the units initially become available for lease.

D. The City may extend affordable period if owner does not comply with Affordable Housing Covenant.

E. Affordable units should be comparable in exterior appearance and overall quality of construction to market-rate dwelling units in the same residential development. The design and appearance of the affordable units shall be compatible with the design of the market- rate units.

F. Affordable units should be dispersed throughout the mixed-use buildings of the development in a manner acceptable to the City.

G. The Affordable Housing Covenant shall be in compliance with the latest California State requirements.

The Affordable Agreement shall be reviewed and approved by the Community Development Department and City Attorney’s office prior to the issuance of a grading permit.

20.Development Agreement – The project approvals shall be void and have no further force or effect in the event that any of the City Conditions Precedent set forth in the Development Agreement are not fulfilled.

Item No.11B

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CULTURAL RESOURCES

21.Evaluation – In the event that potentially important cultural resources are found in the course of geologic testing or during construction, work shall immediately cease until a qualified archaeologist can provide an evaluation of the nature and significance of the resources and until the Community Development Department can review this information.

22.Native American Heritage Commission – If human bone is discovered during geologic testing or during construction, work shall immediately cease, and the procedures described in Section 7050.5 of the California Health and Safety Code shall be followed. Section 7050.5 requires notification of the coroner. If the coroner determines that the remains are those of a Native American, the applicant shall notify the Native American Heritage Commission by phone within 24 hours. Following notification of the Native American Heritage Commission, the procedures described in Section 5097.94 and Section 5097.98 of the California Public Resources Code shall be followed.

BIOLOGICAL RESOURCES

23.Nesting Birds – Any site preparation activity, including removal of vegetation, between February 1 and September 15 will require nesting bird surveys by a qualified biologist at least 5 days prior to initiation of activities. Should active nests be identified, a buffer area no less than 150 feet (300 feet for raptors) shall be fenced off until it is determined by a qualified biologist that the nest is no longer active. A report discussing the results of nesting bird surveys shall be submitted to the Community Development Department prior to ANY vegetation removal on site.

PARCEL MERGER

24.Lot Merger (Parcel Map Waiver) – Prior to the issuance of building permits, the applicant, or any subsequent owner and/or applicant shall submit an application with, and have it approved by, the City of Thousand Oaks Community Development Department to merge the two legal lots into a single legal lot. This lot merger shall then be recorded with the County of Ventura within 30-days of City approval of said application.

25.RESIDENTIAL PLANNED DEVELOPMENT PERMIT (RPD) 2021-70019 Item No.11B

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SETBACKS, HEIGHTS, BUILDING MATERIALS, OPEN SPACE,

ARCHITECTURAL TREATMENT
Standards – All development standards shall be satisfied to include the following per the submitted plan:

26.Architectural Building Design – The architectural design shall comply with the building elevation plans as shown in the attachments labeled “Project Plan Set” dated January 13, 2021, to the Planning Commission staff report dated February 27, 2023.

27.Exterior Building Colors/Materials – All exterior materials and colors depicted on the attachments labeled “Project Plan Set” dated January 13, 2021 to the Planning Commission staff report dated February 27, 2023, are approved in concept only. Prior to the issuance of a grading permit, a final color and materials sample board, including, but not limited to, specific materials and paint manufacturer colors, shall be submitted for the review and approval by the Community Development Department. The applicant shall indicate the type of finish on the revised plans and materials and colors sample board.

DEVELOPMENT

STANDARD REQUIRED SETBACKS PROVIDED

RESIDENTIAL (NEW)

Front
(Rancho Conejo Blvd.)
20 Feet Minimum from
Public Street
22’-9”

Sides
(These setbacks would
not be applicable once
PM was in effect).
15 Feet minimum
12’-5” to 16’-2”
Rear (South) 15 Feet Min 15’-11”
Parking Lot
Landscaping (s.f.)
10% of Surface Parking
Area (18,911 S.F.)
1,900 S.F.
2,423 S.F.

Item No.11B

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28.Building Height – Average building height shall comply with the average heights specified for the subject (Sub-Area Area) by Specific Plan 07. In this case, the plans dated January 13, 2021, show a maximum height of 29 feet. This height would require an additional (1) foot of distance for affected side setbacks; however, the required parcel merger would remove the dividing property line, thus eliminating the north side setback for the proposed buildings.

29.Downspouts – The downspouts on the exterior of the buildings, within public view, shall be concealed within the building walls subject to the review and approval of the Community Development Department.

30.Roof-Mounted Mechanical Equipment – All roof-mounted mechanical equipment, including air conditioning, roof fans and any similar equipment, shall be located within the mechanical equipment enclosures or obscured by roofing elements as depicted on “Project Plan Set,” date stamped January 13, 2021. Said equipment shall be screened from public view perspectives, including Rancho Conejo Boulevard. In the event such equipment cannot be entirely screened from public view, the applicant shall work with the Community Development Department to provide alternative methods, including painting equipment and providing individual screens around specific equipment areas, to screen the equipment. Roof screening treatment shall be designed in a manner that is integrated with the building design. Prior to the issuance of a building permit, final detailed building section drawings and details including mechanical equipment manufacturer’s catalogue cuts, brochures, specifications as well as roof equipment locations shall be submitted for the review and approval by the Community Development Department.

31.Surface-Mounted Mechanical Equipment – All surface-mounted mechanical equipment, including transformers, terminal boxes or meter cabinets, shall be screened by landscaping or decorative enclosure to match the materials and colors of the new building.

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Public Works Department. Said certificate shall state that the graded pad design and pad elevations are consistent with the pad elevation and grading details shown on the grading plan, as shown in the grading plan/attachments labeled “Preliminary Grading Plan,” date stamped January 13, 2021 to the Planning Commission staff report dated February 27, 2023.

33.Exporting/Importing Earth Materials – Any exporting or importing of earth material and debris shall be authorized by permit issued by the Public Works Department. The builder shall comply with an approved haul route to and from the project site and shall coordinate the hauling of this material with the Public Works and Community Development Departments to minimize traffic disruptions and disturbances to the project area. The exporting and importing of any earth materials to new sites within the jurisdiction of the City of Thousand Oaks shall be subject to the review and approval by the Planning Commission unless such sites have previously been approved for development with an active entitlement, and said grading is in accordance with Public Works Department approved plan for the project.

34.Backflow Device – Any proposed backflow device shall be screened from public view, subject to review and approval by the Community Development and Public Works Departments.

35.APCD Permit – The applicant shall obtain all necessary clearances from the Ventura County Air Pollution Control District (APCD) prior to beginning any construction activity.

36.Final Detailed Grading, Paving and Drainage Plan Submittal – Prior to issuance of a grading permit, a final detailed grading, paving and drainage plan demonstrating compliance with all imposed conditions of this Development Permit shall be submitted for review and approval by the Community Development and Public Works Departments.

PARKING, ACCESS, AND DRIVEWAY
Item No.11B

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37.Required Parking – A minimum of 51 parking spaces shall be provided as shown on site within “Project Plan Set,” date stamped January 13, 2021. The number of required parking spaces is based upon the parking requirements for multi-family residential, as set forth by reference in SP-

07. All parking spaces and driveway aisles shall be designed in accordance with Section 9.4-2404 of the Municipal Code. On-site Electric Vehicle charging parking spaces can be included in the required parking count of the project. Minor changes to the parking may be permitted so long as the project complies with the parking standards contained in the Specific Plan. Any minor change to parking or future development on the subject property shall be reviewed and approved by the Community Development Department. Any substantial change may require the filing of a modification application to be considered by the Planning Commission.

38.Compact Parking – Maximum permitted compact parking spaces shall not exceed twenty-five percent (25%) parking spaces based on the total parking requirements as indicated under Section 9-4.2404(d)(3). No overhang compact parking space shall be permitted within five feet (5- feet) of any vertical obstruction.

39.Parking Stall Dimensions – The dimensions and design of all parking stall shall be installed as required by the Thousand Oaks Municipal Code.

40.Driveway – The design of the driveway and transitions are subject to review and approval of Community Development and Public Works Departments.

41.On-Site Traffic Control and Calming – Prior to issuance of any Building Permit, the applicant shall submit a Traffic Control and Traffic Calming plan demonstrating measures within onsite drive aisles and circulation areas. Measures shall include, but not limited to, signs, striping, and speed bumps. Said measures shall be designed and shown on a signing and striping plan. The location and type of device(s) shall be designed and installed to the satisfaction of the Community Development and Public Works Directors.

LANDSCAPING, FENCES, AND WALLS
Item No.11B

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42.Landscape Design Compliance/Approval – All landscaping and irrigation improvements, including those in the Residential Landscaping License Area, shall be designed and installed in accordance with the City’s Guidelines and Standards for Landscape Planting and Irrigation Resolution No. 2007-116). All landscape plans shall demonstrate compliance with the State of California Model Water Efficiency Landscape Ordinance (MWELO).

Prior to the issuance of a grading permit, complete landscape and irrigation plans reflecting compliance with all imposed conditions of project entitlements shall be submitted under separate permit for review and approval. Said plans shall be subject to review and approval by the Community Development and Public Works Departments. The location of light fixtures shall be shown on the landscape plans to ensure no conflict occurs between placement of trees/shrubs and light fixtures and to avoid plant growth interference with the level of illumination.

Prior to the issuance of a grading permit, landscaping and irrigation plans shall be submitted under separate permit for review and approval by the Community Development and Public Works Departments.

44.Landscaping and Irrigation – All landscaping shall be designed using xeriscaping techniques, i.e. drought-tolerant low water-using plants. The use of lawn, grasses, and turf shall be minimized. Landscape irrigation systems shall likewise be designed using low output sprinklers and/or drip automatic timed controls. All landscaping and irrigation plans shall demonstrate compliance with the State of California Model Water Efficiency Landscape Ordinance (MWELO), with all applicable calculations provided on the cover sheet.

45.Landscape Planters – All landscape planters and fingers shall be planted with shrubs, trees and flowers subject to the review and approval of the Community Development Department.

Item No.11B

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46.Restriction of Light Poles – Light poles are prohibited at the ends of landscape fingers.

47.Retaining Walls – All retaining walls shall be constructed of a decorative masonry material with a decorative cap or a concrete material to match the buildings subject to cut sheet detail designs submitted for the review and approval of the Planning Division. All retaining walls shall be limited to a maximum exposed height of six (6) feet and softened by landscaping.

Where such walls are exposed to public view, horizontal articulation of varying depths shall be provided to break up a linear wall appearance.

48.Construction/Security Fencing – Prior to the issuance of a grading/building permit, the applicant shall install a temporary five (5) foot high chain-link fence within the limits of the proposed development area.

Said fencing shall be provided for purposes of maintaining security, as well as containing trash and debris on-site. The fence shall remain in place during all phases of construction and shall be maintained until no longer needed for trash and debris control as determined by the Community Development Department. The applicant shall be responsible for pick-up of trash and debris on a weekly basis during building construction operations.

LIGHTING

49.Parking Lot Lighting – All parking lot illumination shall comply with the City’s parking lot standards as identified in the City’s Security Ordinance utilizing decorative light fixtures with heights not to exceed fourteen (14’- 0”) feet in height. Special design features within the light fixture, including lens and shielding devices, shall be provided to avoid an over intensity of illumination and to direct illumination in a downward direction. All lighting utilized shall be located within landscaped areas, three (3) feet from parking surfaces with twenty-four (24) inch high concrete pedestals. All pedestals shall be painted the same color which shall complement one of the main wall colors of the buildings, subject to the review and approval of the Community Development Department. Where pedestrian walkways occur, the height of these fixtures may be reduced in proportion to human scale. Use of bollard type lighting for safety adjacent to driveways is also encouraged for pedestrian traffic circulation. All lighting attached to these features shall be decorative, oriented in a downward direction, and downward shielded. Prior to issuance of a parking lot electrical permit, a photometric analysis and light fixture catalogue cuts and specifications Item No.11B

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shall be submitted to the Planning and Building Divisions for review and approval.

50.Wall Lighting – Wall-lighting fixtures at building entrance doors, loading areas, and outdoor areas within public view area are permitted. Lighting may be provided by decorative downward shielded light fixtures, recessed in a downward direction from projecting canopies, recessed doorways, and window openings. Decorative architectural light fixtures shall be installed on the building walls. Light fixture cut sheets shall be submitted for review and approval by the Planning Division. Architecturally designed fixed pendant and bracket light fixtures are permitted. The use of such lighting shall be designed to create a uniform illumination generally in a downward direction and not create illumination hot spots on adjacent surfaces.

51.On-building Light Fixtures – The applicant shall submit catalogue cut sheets and specifications for any new exterior light fixtures to the Community Development Department for review and approval prior to installation.

52.Light Source – Use of bright white, high intensity LED or metal halide lighting is prohibited.

SIGNS

53.All Signs – All site and building signage shall comply with Specific Plan 07 and shall be designed to meet the Precise Plan of Design Guidelines (Res. No. 2006-108), and as specified in the Specific Plan. The design, color and location of all site and building signs as well as address numbers shall be processed under separate permits. A sign program shall be submitted to the Community Development Department for review and approval.

PTP 2022- 70626 CONDITIONS

54.Oak Tree and Landmark Tree Preservation and Protection Guidelines Compliance – Unless otherwise approved by the Community Development Department, all construction activities to or near an oak or landmark tree shall conform and abide by the City of Thousand Oaks, Preservation and Protection requirements as specified in Articles 42 and 43 of Chapter 4 of Title 9 of the Thousand Oaks Municipal Code.

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55.Oak Tree and Landmark Tree Protection – Every effort shall be made to protect all oak and landmark trees in near proximity affected by the proposed improvements.

56.Site Monitoring – Unless otherwise modified herein, all authorized pruning and encroachment activities shall be conducted in accordance with the conditions contained herein. All work shall be monitored by the applicant’s oak tree consultant and follow the recommendations contained in the applicant’s oak tree report labeled Oak Tree Report (Oak and Sycamore Tree Protection Plan) dated August 18, 2022, prepared by Erick Serrano, C.A.

57.Required Temporary Fencing – Prior to commencing construction, a five-foot (5’) high fence shall be installed and maintained around the protected zone, or other location as approved by the Community Development Department, of all onsite and offsite oak trees and landmark trees. Installation of said fence shall be reviewed and approved by the Planning Division of the Community Development Department. It shall be the responsibility of the applicant to maintain all protective fencing in a good condition throughout the development period. The fence shall be removed upon completion of construction and upon authorization from the Community Development Department, Planning Division.

58.Root Preservation – During excavation for construction improvements, if an oak tree root over two inches (2") in diameter is encountered, the Planning Division of the Community Development Department shall be immediately contacted to conduct a field inspection to determine if it is appropriate to cut the root(s) or whether the improvements need to be redesigned and/or relocated to avoid root damage to ensure preservation of the trees.

59.Use of Hand Tools – Unless otherwise authorized by the Community Development Director, all work within the protected zones of oak trees shall be performed with hand tools only and performed under direct supervision of the applicant’s oak tree consultant.

60.Storage of Materials – No storage of materials is permitted within the protected zones of any oak tree.

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61.Irrigation/Lighting – No spray irrigation or lighting system shall be installed within the protected zone of any oak tree except as otherwise authorized by the Community Development Department.

62.Billing by City Oak Tree Consultant – The applicant shall be billed on a real time basis for any work performed by the City’s oak tree consultant in conjunction with this oak tree permit.

63.Written Certification – The applicant’s oak tree consultant shall certify in writing that all conditions of this Oak Tree Permit have been met and that protective measures, to ensure the preservation of the subject oak trees, have been properly implemented. A final inspection by the City’s Oak Tree Consultant, paid for by the applicant, shall be performed upon receipt of certification and prior to final inspection for building occupancy.

Item No.11B

PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL FOR 2020-70026-LU; 2022-70511-DAGR; 2021-70019-RPD; 2022-70626-PTP; 2020-70027-SPA; and 2021- 70893-ND
cdd:600-60/420-78/H:COMMON/:COMMON/City Council/CC Agenda Items2023/04042023/Shapell/Attachment 4 Development Agreement/pz (FILE ID: 2022-70511-DAGR)

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PUBLIC WORKS DEPARTMENT

GENERAL

64.Plan Format – All plans submitted to the Public Works Department shall be formatted to 24 inch by 36-inch sheet size, using city standard title block, and as-built/record plans shall be submitted as part of the closure and acceptance of the project.

65.Standard Plates – The City of Thousand Oaks Public Works Road Design and Construction Standards and Standard Plates, adopted May 15, 2018, in Resolution No. 2018-024 shall be used as the principal criteria for the design of development plans. It shall be the responsibility of the applicant to maintain a copy of the latest edition of said Plates available to all parties utilizing said Plates for construction purposes. The Standards establish uniform criteria, polices, standard and procedures for the design and construction of City roads, drainage facilities and appurtenances. The design engineer shall review the methods and procedures contained in the Road Standards, where not considered applicable, the design engineer shall request an exception from these standards in writing to be approved by the City Engineer. Said Road Standards are available for download at www.toaks.org/roadstandards.

The name of the firm which prepared the topography and the date(s) on which the data was compiled or obtained must be shown on the plan.

Topography must be presented in 1” = 40’ or larger (closer) scale and must extend a minimum of 100 feet outside the limits of the property proposed for development. Any deviation from this condition must be approved by the City Engineer.

67.Title Report – A copy of the applicant’s preliminary title report for the subject property, dated within 1 year of the entitlement application, shall be submitted to the Public Works Department for review prior to grading plan-check or the issuance of any Building or Grading Permits.

68.Inspection Hours – The applicant is advised that City Hall is closed on alternating Fridays, and as such, inspection services are not available on Item No.11B

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those particular dates. The applicant shall schedule any and all grading, stormwater, encroachment, paving and utility work requiring City inspection accordingly. A schedule of City Hall hours may be obtained from City Hall or at the City’s website www.toaks.org.

69.Survey Monuments – The Applicant shall be fully responsible for the preservation of all survey monuments to the satisfaction of the City Engineer. Prior to the start of construction and prior to the disturbance or destruction of any existing survey monument, all monuments shall be located and referenced with minimum of four (4) ties by the Applicant’s Land Surveyor. A corner record or record of survey shall be filed with and approved by the County Surveyor showing monuments that will be disturbed or destroyed, along with the reference monuments or marks and bearings or azimuth and distances to the location of the monument to be disturbed or destroyed. Documentation shall be provided to the City that the surveying has been completed.

WATER AND WASTEWATER

70.Water Service Requirements – Prior to, or concurrent with, submittal of improvement plans to the City, the applicant shall submit letter to the City from the California-American Water Company indicating that the applicant has made the necessary financial and administrative arrangements with Cal-Am Water Company to receive water service. Cal-Am Water shall also issue a written clearance indicating that all water systems are installed and approved prior to Occupancy.

71.Procedure for Determination of Wastewater Fees – Prior to issuance of a building permit for this project, applicant shall submit a plumbing plan and a listing of proposed fixture units for the subject project to the Public Works Department for determination of a "preliminary" wastewater connection fee estimate. The plan and listing will be reviewed for apparent correctness only and the applicant shall pay the wastewater connection fee based on this "preliminary" estimate at the time a building permit is issued. The final fee amount to be paid by the applicant will be based on the actual numbers and types of plumbing fixture units installed as determined by City staff from a field count made of the project building(s) before certificate of occupancy is granted. Any difference between the actual/field verified fixture unit count and the total amount paid will be reimbursed to the applicant. If additional connection fees are due, these shall be paid by the applicant to the City upon request.

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72.Wastewater Service – There is no wastewater lateral to serve the subject property. The applicant shall design and construct a private on-site wastewater system and connect to the City’s public wastewater system.

DEVELOPMENT ENGINEERING

73.Encroachment Permit – Where any construction occurs within public right-of-way, an encroachment permit shall be obtained, plan check and inspection fees paid, an approved traffic control submitted, and bond/security posted (if required) prior to initiating construction of any improvements.

74.Noise Abatement Prior to Commencement of Working Hours – On grading and construction projects where residential units are located within 100 feet of the boundaries of the proposed work, the contractor may not start up any vehicles or any gas or diesel powered equipment prior to the start of approved working hours, cause any other construction related noise, or allow employees or subcontractors to keep their vehicles running while parked.

75.Hauling of Imported or Exported Materials – In the event this project will require either the importing or exporting of earth to or from the project site, prior to issuance of a grading permit the applicant shall submit a written plan to the Department for review and approval. Said plan shall detail the quantity of earth to be imported or exported, the location from which or to which the earth will be removed or taken, the proposed haul routes to be used, the size and numbers of the trucks to be used, the proposed hours of operation (times of day, days of the week, and estimated number of days), the estimated number of round trip truck movements, the proposed methods to be utilized to keep the haul route clear of any dirt dropped along the route, and any other information as may be required by the Department.

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prepare and submit detailed erosion control plans for both phases of land development; the pre-grading / site stabilization phase, as well as the post grading /building construction phase. The grading and improvement plans submitted to the City for plan-check shall at a minimum indicate all topography, proposed improvements, drainage features, water/wastewater connections and laterals, existing easements, interface with adjacent properties, storm drain and drainage systems, and street improvements.

All submittals shall include the completed public and private improvement cost estimate worksheets, the required plan-check and inspection fees, and the posting of the required grading bond prior to the start of any construction. After the grading is complete, the applicant shall submit a building pad compaction report and a rough grading certificate from the soils engineer prior to issuance of a building permit. Grading bonds shall be exonerated after satisfactory completion of the project punchlist items, which are generated after the applicant’s engineer provides a submittal of the final Record (as-built) Drawings.

77.On-site Drainage Capture – To the extent feasible, provide flow-intercept devices (or grading design) to intercept discharges flowing toward the driveway approaches such that all flows are captured on-site to the maximum extent practicable.

78.On-site Drainage Capture for MS4 Projects – It is generally necessary to capture and treat all surface drainage on the site. In accordance with Ventura County Technical Guidance Manual (TGM) for Stormwater Quality Control Measures (2011), a maximum of 5% of the site is permitted to discharge without full capture. Such Effective Impervious Areas (EIA’s) that escape capture and retention shall be treated using source-control Best Management Practices (BMP’s) and good- housekeeping measures. Maintenance specifications shall be incorporated into the on-site stormwater Maintenance Plan (refer to NPDES conditions).

79.On-Site Drainage Design – Project design shall use the City of Thousand Oaks “Master Plan of Drainage” (2007) for the purpose of establishing on- site storm flows. The project lies within subarea 688B of said Master Plan, with Q10 = 1.93 cfs and Q100 = 3.24. The CFS-per-acre unit discharge in the Master Plan shall be used when preparing the Q10 (developed) discharge flows and for the detention calculations up through Q100.

80.On-Site Drainage – Project design and engineering plans shall show drainage flows to street and/or yard drains and elevations.

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81.Drainage Study – The applicant’s engineer shall prepare a hydraulic/ hydrology analysis for the project. The study shall include, but is not limited to addressing offsite tributary flows, retention/detention, inlet hydraulics and storm drains and appurtenances intended to convey and treat project storm discharges. The focus of the study is to ensure the existing conveyances possess sufficient capacity to pass the Q10 (developed) and to demonstrate that no new flooding will occur adjacent to or upon the property during a Q100 event as a result of development. The study shall be subject to the review and approval of the City Engineer prior to grading permit issuance.

82.On-site Ribbon Gutters – The City prohibits the use of ribbon gutters and encourages the use of graded parking lots with perimeter curb and gutter to convey flow away from pedestrian pathways. Parking lot and drive drainage
shall conform to this standard. The use of ribbon gutters will only be considered under special circumstances as determined by the Public Works and Community Development Directors (MC 9-4.2405).

83.Detention of Onsite Storm Flows – The applicant’s engineer shall prepare a hydraulic/hydrology analysis for the site and design onsite catch basin(s) and conveyances which will pass only the Q10 (developed) flows into the public storm drain system. All flows in excess of Q10 (developed) up to and including Q100 (developed) must be detained on-site. A simplified detention method is available for this site.

84.Existing Improvements – Existing improvements adjacent to the property, including but not limited to sidewalks and curb & gutter which are broken or uneven shall conform to City and ADA standards, and if deemed necessary by the City Engineer, shall be repaired or replaced.

85.On-site Improvement / Paving Permit – The applicant shall submit for and obtain an on-site paving and improvement permit. An approved pavement section from the registered soils engineer of record shall accompany the permit application, along with payment of plan check and inspection fees, prior to initiating the construction of on-site parking, paving, and/or drainage improvements (M.C. 9-4.2405).

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NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

86.NPDES Permit Compliance – Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Stormwater Quality Management Program, National Pollutant Discharge Elimination System (NPDES) Permit No. CAS004002. The project shall employ NPDES best management practices in accordance with the latest applicable version of the Countywide Stormwater Program “Technical Guidance Manual” and the California Stormwater Quality Association (CASQA) “BMP Handbooks” and/or other approved reference documents cited in Permit No. CAS004002 (M.C. 7-8.302).

87.MS4 Stormwater Retention Requirements – The project meets the thresholds requiring stormwater treatment and site retention specified in the Ventura County NPDES Municipal Stormwater Permit (MS4) and 2011 Technical Guidance Manual (TGM). The project shall design, construct and maintain treatment and retentive catchments that will capture, treat and retain all rainfall runoff from disturbed and directly-connected impervious areas affected by the project. The design shall function for the first three-quarter-inch (3/4”) of all rainfall events, including drawdown and elimination of the captured runoff within 72-hours of the rainfall event.

Drawdown may typically be achieved via groundwater
recharge/percolation or vegetative irrigation/evapotranspiration.

Treatment of the site’s pollutants of concern is preferably addressed through vegetative contact and other natural biological processes.

Further details and design requirements are available at www.vcstormwater.org.

88.BMP Sizing Requirements – Prior to issuance of a grading/paving permit, the project’s engineer shall prepare analyses to demonstrate that the proposed Best Management Practices (BMP’s) for stormwater treatment will mitigate pollutants of concern. The analyses shall include calculations demonstrating that the selected BMP’s must satisfy one of the following sizing criteria:

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Handbook – Industrial / Commercial (1993)” and the “Ventura Countywide Stormwater Quality Management Program Technical Guidance Manual for Stormwater Quality Control Measures (2002).”

89.Inlet Labels – All on-site drain inlets, whether newly constructed or existing, shall be labeled “Don’t Dump - Drains to Creek” in accordance with City requirements prior to final acceptance.

The SWPPP shall be prepared by a certified QSD, fully comply with RWQCB requirements and contain specific BMPs to be implemented during project construction to reduce erosion and sedimentation to the maximum extent practicable. A copy of the adopted SWPPP shall be maintained in the construction site office at all times during construction and the site superintendent shall use the plan to train all construction site contractors in site Best Management Practices prior to starting work on the site. At a minimum, the following BMPs and requirements shall be included:

A. Pollutant Escape: Deterrence
B. Pollutant Containment Areas
C. Pollutant Detainment Methods
D. Sediment control and capture
E. Erosion Control / Dust Control
F. Recycling/Disposal
G. Hazardous Materials Identification and Response

TRAFFIC

91.Traffic Mitigation Fees – The applicant acknowledges that the subject development will impact traffic and agrees to provide for the mitigation by depositing with the City of Thousand Oaks the appropriate non-refundable fees no later than prior to the issuance of building permits.

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92.Bicycle Racks – Prior to issuance of building permit 5 bicycle racks shall be installed to accommodate a total of at least 10 bicycles. The bike racks shall be the “inverted U” shaped racks and provided in the location shown on the exhibit in a manner acceptable to the City Engineer.

SUSTAINABILITY

Solid Waste Collection and Diversion Requirements

93.Trash Hauler Approval – Required: Prior to issuance of a trash enclosure building permit, the applicant shall provide a letter from Athens Services, the City’s trash hauler, indicating they have reviewed the project plans and that the enclosure locations and orientation as shown are acceptable to their company for purposes of trash and recyclables pick up. Contact Athens Services at (805) 852-5264, or visit their Sustainability Center at 2251 E. Thousand Oaks Blvd.

94.Construction/Demolition Debris Recycling Plan – Required: Prior to the issuance of a demolition permit (where the site contains existing structures or facilities) or of a grading/building permit, the applicant shall submit a Construction and Demolition (C&D) Debris Recycling Plan to the Department for review and approval. The applicant must divert a minimum sixty-five percent (65%) of all C&D waste materials generated from the project. The C&D Debris Recycling Plan shall indicate the proposed means of disposition of all C&D waste materials, including but not limited to, asphalt, concrete, wood, drywall, brush and vegetation, landscaping materials, lights, piping, concrete block, metal, and the like, which will be recycled, reused, salvaged, and /or delivered to a landfill. The Recycling Plan must also include estimated weights of the materials, list of proposed recycling/disposal facilities, and authorized hauling companies to be used.

For a list of authorized waste haulers and/or to complete and submit a C&D Debris Recycling Plan go to ThousandOaks.WasteTracking.com.

95.Mandatory Organics Recycling - Mandatory Organics Recycling – The applicant/owner is hereby notified that California State law AB 1826 and SB 1383 require businesses, schools, hospitals, restaurants, government buildings and other commercial properties, including multi- family dwellings of 5 units or more, that generate two cubic yards or more of commercial solid waste per week (trash, recycle, organics, in aggregate) to separate and recycle organic waste and arrange for organic Item No.11B

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waste collection service. Organic waste includes food waste, landscape and pruning waste, non-hazardous wood waste, and food-soiled paper.

96.Trash Enclosures - Solid Waste, Recycling and Organics Collection – Required: American with Disabilities (ADA) accessible, covered 3-bin enclosures with a ramp are required for the collection of solid waste, recycling, and organics (food waste). The design of the enclosure must be large enough to accommodate collection containers for source- separated solid waste, organic waste, and recyclable materials.

Refer to the City’s revised waste ordinance (November 16, 2021) governing the enclosures’ locations, specific sizing, configuration, and clearances. Resident access to Waste Enclosures serving MFD-C or MXD developments via walk-up shall be located no further than 150 feet from the front door of the furthest residential unit served as measured along the accessible path of travel.

If residences have individual trash service, then individual solid waste, recycling and organics carts are required. Carts shall be kept in garages or hidden behind gates and a set-out area must be designated that does not impede traffic flow.

97.Bulky Item Collection – A covered location shall be provided for occupants to place bulky items for collection by the authorized hauler.

98.Required - Operational recycling plans are required before occupancy.

Water and Irrigation

Please visit www.toakswater.org for more information on restrictions. Note that our water conservation ordinance has restrictions that exceed MWELO requirements.
100.Low-flow/low volume Irrigation – please review the specific requirements on our irrigation page.
https://www.toakswater.org/sprinklersandirrigation.

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101.Plantings during the drought – The drip/low flow irrigation system should be installed, and trees planted. However, installing the smaller shrubs and plants should be deferred until either the drought is over, or the City determines we have sufficient water to establish new plantings. 102.Turf/Grass – State law now prohibits the watering of non-functional turf in commercial developments. If the developer proposes turf as part of the project, please include an explanation of why it is "functional turf" and request a waiver from the Sustainability Division to use potable water. In planning for the future, turf areas should be minimized and established on separate valves for easier shutoff during droughts.
103.Dust control – Refer to Ventura County Air Pollution Control District methods of dust control for eligible methods, for the duration of the water restrictions. Alternatives to the use of use of potable water during construction should be the primary methods employed. If potable water is needed a hardship waiver is required and must explain when potable water will be used in the different construction stages and when other methods will be used. The hardship waiver is available from the Sustainability Division.

Recommendations
104.Electric Vehicles – Recommended: Provide EV Ready “Level two” in up to 25% of parking stalls to allow charging of commuters EVs and support clean transportation in the City. (Applicant may be able to utilize the SCE Charge Ready program, which provides rebates for Electric Vehicle (EV) infrastructure beyond the minimums required for Cal Green building standards.).

105.General – Recommended: Install energy star rated appliances. 106.Water – Recommended: We encourage the applicant to install "Water Sense" appliances and go beyond the minimums required in the Model Water Efficient Landscape Ordinance (MWELO) for water conservation. 107.Tree and Understory Plant Palette – Recommended: We encourage the applicant to rely heavily on Southern California native plants and drought tolerant plants that can survive frequent water restrictions. Developer is encouraged to minimize demand for outdoor water by minimizing turf and planting climate-appropriate trees and shrubs.

Item No.11B

FIRE DEPARTMENT CONDITIONS OF APPROVAL FOR 2020-70026-LU; 2022-70511- DAGR; 2021-70019-RPD; 2022-70626-PTP; 2020-70027-SPA; and 2021-70893-ND cdd:600-60/420-78/H:COMMON/:COMMON/City Council/CC Agenda Items2023/04042023/Shapell/Attachment 4 Development Agreement/pz (FILE ID: 2022-70511-DAGR)

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VENTURA COUNTY FIRE PROTECTION DISTRICT

108.Hazardous Watershed Fire Area – This project is in a Hazardous Watershed Fire Area and all structures shall meet hazardous fire area building code requirements. Contact the Building Department for requirements.
109.Fire Department Clearance – Applicant shall submit VCFD Form #610, Fire Permit Application, prior to obtaining a building permit for any new structures.
110.Building Plan Review – Building plans of all A, E, I, H, R-1, R-2, or R-4 occupancies shall be submitted, with payment for plan check, to the Fire District for review and approval prior to obtaining a building permit. 111.Fire-Flow (Commercial, Industrial, Multi-family buildings) – The minimum fire-flow required shall be determined as specified by the current adopted edition of the California Fire Code Appendix B with adopted Amendments and the applicable Water Manual for the jurisdiction (whichever is more restrictive). The applicant shall verify that the water purveyor can provide the required volume and duration for the project prior to obtaining a building permit by having them fill out VCFD Form #625, Fire-Flow Verification.
112.Fire Hydrant(s) Required – Fire hydrant(s) shall be provided in accordance with current adopted edition of the International Fire Code, Appendix C and adopted amendments. On-site fire hydrants may be required as determined by the Fire District.
113.Fire Hydrant Design (Commercial, Industrial, Multi-family buildings) – Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the City of Thousand Oaks Water Works Manual and the following.
•Each hydrant shall be a 6-inch wet barrel design and shall have one 4-inch and two 2 ½-inch outlets.
•The required fire flow shall be achieved at no less than 20-psi residual pressure.
•Fire hydrants shall be spaced 300 feet on center and so located that no structure will be farther than 150 feet from any one hydrant.

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•Fire hydrants shall be set back from the curb face 24 inches on center.
•No obstructions, including walls, trees, lights, signposts, and meters shall be placed within three feet of any hydrant.
•A concrete pad shall be installed extending 18 inches in all directions from the fire hydrant.
•Ground clearance to the lowest operating nut shall be between 18 to 24 inches.
114.Water System Plans – Plans for water systems supplying fire hydrants and/or fire sprinkler systems and not located within a water purveyor’s easement, shall be submitted to the Fire District for review and approval prior to issuance of grading and/or building permits or signing of Mylar plans, whichever is first. Plans shall reflect only dedicated private fire service lines and associated appurtenances. Plan shall be design and submitted with the appropriate fees in accordance with VCFPD Standard

14.7.2 115.Fire-Flow Verification – Prior to map recordation, the applicant shall provide to the Fire District, verification from the water purveyor that the purveyor can provide the required fire flow of 1,000 gallons per minute at 20 psi for a minimum three-hour duration.
116.Hydrant Location Markers – Prior to occupancy of any structure, blue reflective hydrant location markers shall be placed on the access roads in accordance with Fire District standards. If the final asphalt cap is not in place at time of occupancy, hydrant location markers shall still be installed and shall be replaced when the final asphalt cap in completed. 117.Private Roads / Driveways – Private roads shall comply with Public Road Standards, VCFPD Ordinance 29, and VCFPD Standard 501
118.Access Road Location – The access road shall be extended to within 250 feet of all portions of the exterior walls of the first story of any building and shall be in accordance with Fire District access standards. 119.Roadway Extensions – Where the access road extends beyond the access point, the extended roadway shall comply with all of the requirements for fire apparatus access roads.

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120.Access Road Width – Minimum access road width of 24 feet required with no on-street parking permitted.
121.Vertical Clearance – All access roads / driveways shall have a minimum vertical clearance of 13 feet 6 inches (13' 6"). Clear of building to sky. 122.Turnarounds – Approved turnaround areas for fire apparatus shall be provided when dead-end Fire Department access roads exceed 150 feet.

Turnaround areas shall not exceed a 5% cross slope in any direction and shall be located within 150 feet of the end of the access road/driveway.

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129.Emergency Lighting and Exit Signs – Emergency lighting and exit signage shall be installed in all buildings in accordance with California Building and Fire Code requirements.
130.Address Numbers (Commercial, Industrial, Multi-family buildings) – Building address numbers, a minimum of ten inches (10") high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Brass or gold-plated numbers shall not be used. Where structures are set back more than 150 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance on an elevated post. Individual unit numbers shall be a minimum of 4 inches in height and shall be posted at the front and rear entrance to each unit. Additional address directional signs may be required at common building entrances and stairways.
131.Address Directory – An address directory shall be provided at all entrances to the project at locations approved by the Fire District. Design shall be in accordance with Fire District Addressing Standards. Directory plans shall be submitted to the Fire Prevention Division for review and approval prior to installation.
132.Accessory Room Door Labeling – All accessory room doors shall be labeled on the doors indicating use of the room (i.e., Electrical Room, Riser Room, Fire Alarm Panel Inside, Storage Room, Janitor, Roof Access, etc.).
133.Knox Device – Exterior access leading to fire sprinkler riser rooms and alarm control panels shall be provided with a Knox Box for emergency access.
134.Construction Access – Prior to combustible construction, a paved all- weather access road/driveway suitable for use by a 20-ton Fire District vehicle shall be installed at locations approved by the Fire District. 135.Construction Access Utilities – Prior to combustible construction, all utilities located within the access road and the first lift of the access road pavement shall be installed. A minimum 20-foot clear width shall remain free of obstruction during any construction activities within the development once combustible construction starts.

Item No.11B

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POLICE DEPARTMENT
136.DOOR SECURITY HARDWARE – Exterior double doors shall have an astragal constructed of steel or aluminum a minimum of .125” thick, which will cover the opening between the doors. The attachment of the astragal shall comply with all applicable provisions of the Fire Code. Exterior, outward opening single doors shall have the appropriate type of latch guard installed so as to prevent the violation of the latch and strike. The latch guard shall be a minimum of .125” thick and extend a minimum of six inches above and below the door latch or deadbolt. Doors utilizing rim and cylinder locks shall have heavy-duty cylinder guards installed. All outward opening exterior doors shall have hinges equipped with non-removable hinge pins or a mechanical interlock (set screws) to prevent removal of the door from the outside by removing the hinge pins. 137.LIGHTING – Weather and breakage resistant covers shall protect all exterior lighting. Exterior lighting fixtures will be fully enclosed to minimize tampering and breakage. After hours exterior lighting shall provide sufficient illumination to allow viewing of the exterior of the buildings and parking areas (If any). Interior after hours lighting is also highly recommended. The use of metal halide fixtures or Light-Emitting Diode (LED) is preferred over high-pressure sodium fixtures since metal halide and LED lighting provides superior illumination and color rendition. A lighting plan must be submitted to The Thousand Oaks Police Department for review and is subject to change prior to Police Department approval. 138.LANDSCAPING – Landscaping shall not cover, nor partially cover any exterior door or window. Landscaping, including trees, will not be placed directly under any overhead lighting that could cause loss of light at ground level. All landscaping will be kept trimmed in order to provide an unobstructed view of the building from adjacent walkways. The standard CPTED (Crime Prevention Through Environmental Design) landscaping rules of “two foot / six foot” shall apply to the property (No shrubbery shall be higher than 2 feet and lower the tree canopy shall not grow below 6 feet). This will reduce concealment areas and keep the area well-lit during darkness hours.
139.ADDRESS IDENTIFIERS –The building will display its address on all sides. Map signs of the facility will be placed at all pedestrian entrances. 140.STAIRWELLS - Stairwells leading to additional floors in the enclosed areas will either have (1) mirrors, (2) an open stairs concept, (3) half-wall concept or (4) any combination of the aforementioned, to allow the traveler to view up or down to the next floor for the purposes of an increased field of view and reduced blind spots.

Item No.11B

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141.TRASH ENCLOSURES – Exterior trash enclosures shall be kept closed/locked during non-business hours to discourage, loitering, illegal dumping and theft.

Trash enclosures will be constructed to have outside visibly to reduce the possibility of camping or sleeping in the area.
142.OTHER SECURITY CONCERNS - The business will correct any safety or security concerns upon written notice by the Thousand Oaks Police Department.

PARK AND LANDSCAPE MAINTENANCE DISTRICTS
143. The applicant acknowledges that the subject development will be assessed for park and landscape maintenance districts by the Conejo Recreation and Park District.
*****
Item No.11B

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EXHIBIT “D”
Project Plans dated 01/13/21
(Project Plans dated 1/13/21 will be attached upon project approval. See Attachment #1 Planning Commission Packet of February 27, 2023 - Attachment #5.) Item No.11B

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ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF THOUSAND OAKS APPROVING A

DEVELOPMENT AGREEMENT WITH SHAPELL
PROPERTIES, INC., RELATING TO THE

DEVELOPMENT OF PROPERTY LOCATED AT

RANCHO CONEJO BOULEVARD AND CORPORATE
CENTER DRIVE (APN 667-0-173-025) ADJACENT
TO AND NORTH OF 1300 RANCHO CONEJO

BOULEVARD, THOUSAND OAKS, CALIFORNIA
(DEVELOPMENT AGREEMENT 2022-70511-DAGR)
The City Council of the City of Thousand Oaks does hereby ordain as follows:

Part I
Based upon the information contained in the Staff Report, exhibits, and public testimony given at a public hearing on April 04, 2023, the City Council approved this Development Agreement with the following findings:

WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Government Code Sections 65864 et seq. (the “Development Agreement Statute”) which authorizes cities to enter into agreements for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property; and
WHEREAS, in accordance with the Development Agreement Statute, the City of Thousand Oaks (the “City”) has adopted regulations (the “Development Agreement Regulations”) to implement procedures for the processing and approval of development agreements in accordance with the Development Agreement Statute, which are contained in Section 9-11.01 et seq. of the Thousand Oaks Municipal Code; and
WHEREAS, the SHAPELL PROPERTIES, INC. (“Developer”) desires to carry out the development of a residential project (“Project”) at Rancho Conejo Boulevard and Corporate Center Drive (APN 667-0-173-025) adjacent to and north of 1300 Rancho Conejo Boulevard, (“Property”), consistent with the General Plan, Specific Plan (SP 07), other City rules and regulations, and the Development Agreement and vested entitlements referenced therein;
ATTACHMENT #4
Item No.11B

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WHEREAS, this Development Agreement (2022-70511-DAGR) will assure the City and the Developer that the Project will proceed as proposed and that the Project can proceed without disruption caused by a change in City planning and development policies and requirements, which assurance will thereby reduce the actual or perceived risk of planning, financing and proceeding with construction of the Project and promote the achievement of the private and public objectives of the Project;
WHEREAS, the Planning Commission held a duty noticed public hearing on February 27, 2023 on the Project, during which the Planning Commission received comments from the Developer, City staff, and members of the general public and made a recommendation to the City Council on the Project entitlements and legislative actions.

WHEREAS, the City Council of the City of Thousand Oaks held a duly noticed public hearing on the Project on April 04, 2023, during which the City Council received comments from the Developer, City staff, and members of the general public and approved related entitlements and legislative actions, including a General Plan Amendment 2020-70026-LU; Specific Plan Amendment 2020- 70027-SPA; Residential Planned Development Permit 2021-70019-RPD; Protected Tree Permit 2022-70626-PTP; and Negative Declaration 2021-70893-ND; Part 2

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF THOUSAND OAKS DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. This Ordinance incorporates, and by this reference makes a part hereof, the Development Agreement (including all exhibits to the Agreement), attached hereto as Attachment A, subject to the provisions of Section 5 hereof.

SECTION 2. This Ordinance is adopted under the authority of Government Code Section 65864 et seq. and pursuant to the City’s “Development Agreement Regulations.”
SECTION 3. In accordance with the Development Agreement Regulations, the City Council hereby finds and determines, as follows:
(a) The Development Agreement is consistent with the goals and policies of the Thousand Oaks General Plan and the Rancho Conejo Specific Plan (SP 07),
Item No.11B

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(b) The Development Agreement establishes certain development rights, obligations and conditions for implementation of the Project located at Rancho Conejo Boulevard and Corporate Center Drive (APN 667-0-173-025) adjacent to and north of 1300 Rancho Conejo Boulevard.
(c) The Development Agreement is in conformity with public convenience, general welfare and good land use practice; (d) The Development Agreement will not be detrimental to the public health, safety and general welfare;
(e) The Development Agreement will support the orderly development of the Property and the preservation of property values; (f) The project qualifies as a “Residential” project, which is an allowed use within the Planning Unit ‘E’ of SP 07.
(g) The project is consistent with the “residential” land use designation of the Thousand Oaks General Plan.
(h) The architectural design of the project complies with the intent and development standards of SP 07 and the City’s Architectural Design Review Guidelines (Resolution No. 2005-11).
(i) Negative Declaration No. 2021-70893-ND was prepared for the subject Project. An Environmental Checklist was prepared for the Project and determined that, the project will have no significant impacts on the environment.

SECTION 4. The foregoing findings and determinations are based upon the following:
(a) The Recitals set forth in this Ordinance, which are deemed true and correct;
(b) The City’s General Plan, as amended by General Plan Amendment 2020-70026-LU (City Council Resolution No. ________) prior to adoption of this Ordinance;
Item No.11B

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(c) Resolution Nos. _____________ for the Project entitlements, adopted by the City Council on April 04, 2023, and which Resolutions and exhibits are incorporated herein by reference as if set forth in full;
(d) All City Staff reports (and all other public reports and documents) prepared for the Planning Commission and City Council, relating to the Development Agreement and other actions relating to the Project;
(e) All documentary and oral evidence received at public hearings or submitted to the City during the comment period relating to the Development Agreement, and other actions relating to the Project; and
(f) All other matters of common knowledge to the Planning Commission and City Council, including, but not limited to the City’s fiscal and financial status; City policies and regulations; reports, projections and correspondence related to development within and surrounding the City, State laws and regulations and publications.

SECTION 5. The City Council hereby approves the Development Agreement, attached hereto as Attachment A, subject further to such minor, conforming and clarifying changes consistent with the terms thereof as may be approved by the City Manager, in consultation with the City Attorney to execution thereof, including completion of references and status of planning approvals, and completion and conformity of all exhibits thereto, and conformity to the General Plan, as amended, as approved by the City Council.

SECTION 6. The approval contained in Section 5 hereof is subject to and conditioned upon Resolution No. ____, adopted by the City Council approving the General Plan Amendment, becoming effective.

SECTION 7. The City Manager is hereby authorized and directed to perform all acts authorized to be performed by the City Manager in the administration of the Development Agreement pursuant to the terms of the Development Agreement.

Item No.11B

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Part 3
(Uncodified)
Severability
SECTION 8. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this title; it being hereby expressly declared that this title, and each section, subsection, sentence, clause and phrase hereof, would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Part 4
(Uncodified)
Effective Date
SECTION 9. This ordinance shall become effective on and after the thirtieth (30 th) day following its adoption, provided, however, that if the actions referred to in Section 6 hereof are not effective on such date, then the effective date of this Ordinance shall be the date on which all of said actions become effective, as certified by the City Clerk.

PASSED, APPROVED AND ADOPTED this XXth day of XXXX, 2023, by the following vote:

Ayes:

Noes:

Absent:

Kevin McNamee, Mayor
City of Thousand Oaks City Council
ATTEST:

Laura B. Maguire, City Clerk
City of Thousand Oaks City Council
Date Attested: ______________
Item No.11B

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APPROVED AS TO FORM: APPROVED AS TO ADMINISTRATION:

Office of the City Attorney
Patrick J. Hehir, Andrew P. Powers, City Manager
Chief Assistant City Attorney
Introduced: XXXX XX, 202X
Published: XXXX XX, 202XX
Ordinance No.: XXXX-NS
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.

Item No.11B

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ATTACHMENT “A”

DEVELOPMENT AGREEMENT
(Development Agreement will be attached upon project approval. See Attachment #3) Item No.11B

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF THOUSAND OAKS APPROVING A
GENERAL PLAN AMENDMENT; SPECIFIC PLAN
AMENDMENT; RESIDENTIAL PLANNED
DEVELOPMENT PERMIT; DEVELOPMENT
AGREEMENT; PROTECTED TREE PERMIT; AND

ADOPTION OF NEGATIVE DECLARATION FOR THE

USE OF CERTAIN PROPERTY WITHIN SAID CITY

AT RANCHO CONEJO BOULEVARD AND
CORPORATE CENTER DRIVE (APN # 667-0-173-
025) ADJACENT AND TO THE NORTH OF 1300
RANCHO CONEJO BOULEVARD (APPLICATIONS:
2020-70026-LU; 2020-70027-SPA; 2021-70019-RPD;
2022-70511-DAGR; 2022-70626-PTP; and 2021-
70893-ND (SHAPELL PROPERTIES, INC.)
SECTION 1
The City Council of the City of Thousand Oaks, California, DOES RESOLVE AS FOLLOWS:

WHEREAS, the applicant has filed with the City an application under the provisions of the City of Thousand Oaks Municipal Code requesting the following:

1. 2020-70026-LU: Amend the General Plan land use designation of Industrial to High-Density Residential.

2. 2022-70511-DAGR: Establish specific standards and community benefits for the expansion of the multi-family residential apartment complex.

3. 2021-70019-RPD: Construction of three (3) two-story buildings consisting of 27 apartment units, reconfiguring drive aisles, and an addition of 51 parking spaces to the site. The added areas and buildings extend the existing Arroyo Villa apartment complex adjacent to the north.

4. 2020-70027-SPA: Amend SP-07 to amend the Specific Plan land-use map to change the existing Industrial designation to Residential. This would be the 17th amendment to SP- 07.

ATTACHMENT #5
Item No.11B

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5. 2022-70626-PTP: Allow minor encroachment of one (1) coast live oak (Quercus agrifolia) and two (2) California Sycamores (Platanus racemosa) trees, located outside the property but within potential areas of disturbance.

6. 2021-70893-ND: Adopt the Negative Declaration in accordance with the California Environmental Quality Act (CEQA).

WHEREAS, on July 15, 2021, a Notice of Application was mailed to all property owners and occupants within a 500-foot radius of the subject property; and
WHEREAS, on July 15, 2021, a Notice of Application sign was posted on the subject property; and
WHEREAS, on February 13, 2023, Notice of Planning Commission Public Hearing was mailed to all property owners of record within a 500- foot radius of the subject site; and
WHEREAS, on February 13, 2023, Notice of Planning Commission Public Hearing was published in a newspaper of general circulation within the City of Thousand Oaks; and
WHEREAS, the Planning Commission, upon giving the required notice, did, on the 27 th day of February 2023, conduct a duly-advertised public hearing as prescribed by law to consider said application; and
WHEREAS, at the February 27, 2023, Planning Commission public hearing, oral and written evidence, including a staff report, were presented and received, and comments and arguments were heard from all interested parties appearing in the matter; and
WHEREAS, the City Council, upon giving the required notice, did, on the 4th day of April 2023, conduct a duly-advertised public hearing as prescribed by law to consider said application; and
WHEREAS, at the April 04, 2023, City Council public hearing, oral and written evidence, including a staff report, were presented and received, and comments and arguments were heard from all interested parties appearing in the matter.

SECTION 2
WHEREAS, the finding of the City Council in approval of said 2020-70026- LU is as follows:

1. The General Plan Amendment is consistent with the Thousand Oaks Land Use Element of the General Plan, as proposed to be amended, in that the Item No.11B

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subject property will have a High-density Residential Land Use designation and located within the proposed Specific Plan 07, which allows the proposed use of multi-family dwellings.

SECTION 3
WHEREAS, the findings of the City Council in approval of said 2020-70027- SPA are as follows:

1. The proposed Specific Plan Amendment of SP-07 (map amendment) allows a multi-family residential development with a pedestrian-oriented design.

There are pedestrian entries from the public right-of-way, and access to the exiting amenities located on the established adjacent apartment community to the north, creating a viable residential community. Along with the amendment to the General Plan to allocate up to 48 dwelling units of the citywide Measure E capacity to the Rancho Conejo Specific Plan (SP 07), the multi-family residential project with building frontage along Rancho Conejo Boulevard is consistent with all Elements of the Thousand Oaks General Plan.

2. The development standards and uses of the Specific Plan, along with the companion General Plan Amendment is consistent with all Elements of the Thousand Oaks General Plan, including the Land Use Element designation of “High-density Residential” and with the General Plan goal, “to provide the framework for a planned and unified community containing a balance of living, working, shopping, educational, civic, cultural and recreational facilities.”

3. The proposed project and Specific Plan Amendment (Amendment 17) are unified by design. The Specific Plan specifies development standards with respect to building location, height, number of required parking spaces, allowed uses, and other development standards. Since these project details are specified in the Specific Plan, the project’s standards are bound by SP-07, and are therefore, consistent.

4. The Specific Plan Amendment and project will be consistent with the housing element to provide rental housing in the form of up to 27 units.

5. The Specific Plan standards and proposed project are consistent with the City’s Architectural Guidelines as conditioned in that the project design provides for vertical and horizontal building articulation and a variety of colors/materials.

6. The project is consistent with all applicable laws, regulations and policies, including the Thousand Oaks Municipal Code that allows for specific development standards through adoption of a specific plan, Item No.11B

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7. The proposed use established by the Specific Plan Amendment will not be detrimental to the public health, safety or general welfare.

8. The proposed residential use introduced by the Specific Plan Amendment will be compatible with land uses in the vicinity.

9. The proposed Specific Plan Amendment has been reviewed for conformance with the provisions of the California Environmental Quality Act. For this application, the City is acting as the Lead Agency and the City Council is being asked to adopt of the Negative Declaration. The Final IS/ND indicates all areas listed as “no impact’ or “less than significant impact”; therefore, the proposed project could not have a significant impact on the environment.

SECTION 4
WHEREAS, the findings of the City Council in approval of said 2021-70019- RPD are as follows:

1. The design of the new 27-unit multi-family residential complex complies with all applicable laws, regulations, and policies, including the proposed Specific Plan Amendment, Precise Plan of Design Guidelines (Res. No. 2006-108). The proposed building is comparable in massing and scale with other similar buildings within the vicinity of the subject property and incorporates enhanced architectural design, including cohesive design elements and decorative material finishes and colors, and meets all applicable development standards the proposed amended Specific Plan.

2. The project will not be detrimental to public health, safety, or general welfare because the project has been reviewed and recommended for approval by the Community Development Department, Public Works Department, Police Department, and the Ventura County Fire Department (VCFD), and in compliance with the California Environmental Quality Act (CEQA). With the incorporation of the conditions set forth by these departments and agencies, the project will not be detrimental to public health, safety, or general welfare.

3. The proposed multi-family residential development is compatible with the surrounding land uses in the vicinity because it is located within an urbanized setting with established infrastructure and nearby comparable uses.

4. The proposed Residential Planned Development Permit has been reviewed for conformance with the provisions of the California Environmental Quality Act. For this application, the City is acting as the Lead Agency and the City Council is being asked to adopt the Negative Declaration. The Final IS/ND Item No.11B

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indicates all areas listed as “no impact’ or “less than significant impact”; therefore, the proposed project could not have a significant impact on the environment.

SECTION 5
WHEREAS, the findings of the City Council in approval of said 2022-70626- PTP are as follows:

1. With the inclusion of the recommended conditions, approval of this request will not be contrary to, or be in conflict with, the general purpose and intent of the Oak Tree Ordinance (Article 42 of Title 9 of the Municipal Code) and Oak Tree Preservation and Protection Guidelines, Resolution Number 2010-14, as well as the Landmark Tree Preservation and Protection Ordinance (Article 43 of Title 9 of the Municipal Code).

2. Appropriate work method and monitoring conditions are in place to ensure all work performed within the protected zone of all Oak and Landmark trees does not negatively affect the health of the trees.

3. The Protected Tree Permit request has been reviewed in conformance with the provisions of the California Environmental Quality Act. For this application, the City is the Lead Agency and the City Council is being is being asked to adopt the Negative Declaration. The Final IS/ND indicates all areas listed as “no impact” or “less than significant impact”; therefore, the proposed project could not have a significant impact on the environment.

SECTION 6
WHEREAS, the findings of the City Council in approval of said 2022-70511- DAGR are as follows:

1. Approval is consistent with the objectives, policies, general land uses and programs specified in the General Plan and Specific Plan 07;

2. The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located;

3. The Development Agreement is in conformity with public convenience, general welfare and good land use practice;

4. Approval will not be detrimental to the health, safety and general welfare; and;

5. Approval will not adversely affect the orderly development of property or the preservation of property values.

Item No.11B

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SECTION 7
WHEREAS, the findings of the City Council in the adoption of said 2021-70893-ND are as follows:

1. An Initial Study was conducted in conformance with the provisions of the California Environmental Quality Act.

2. The Final IS/ND indicates all areas listed as “no impact” or “less than significant impact”; therefore, the proposed project could not have a significant impact on the environment. For this application, the City is the Lead Agency and the City Council is being asked to adopt the Negative Declaration.

NOW, THEREFORE, BE IT RESOLVED that based on substantial evidence contained within the record, the analysis in the agenda report, and the findings of fact above, and recommendation of the Planning Commission, the City Council approves said 2020-70026-LU; 2022-70511-DAGR; 2021-70019-RPD; 2020- 70027-SPA; 2022-70626-PTP, and adopts 2021-70893-ND, subject to conformance with the conditions set forth and attached hereto and made a part hereof. Except as otherwise expressly indicated, said conditions shall be fully performed and completed, or at the City’s discretion, shall be secured by bank or cash deposit or other security satisfactory to the City Attorney before the use or occupancy of the property is commenced and before a Certificate of Occupancy is issued. The violation of any of the conditions of said permit shall be grounds for revocation by the City Council.

PASSED AND ADOPTED this xxth day of xxx, 2023, by the following vote:

Ayes:

Noes:

Absent:

Kevin McNamee, Mayor
City of Thousand Oaks, California

ATTEST/CERIFY
___________________________________
Laura B. Maguire, City Clerk
Date Attested: ______________
Item No.11B

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APPROVED AS TO FORM:

Office of the City Attorney
___________________________________
Patrick J. Hehir, Chief 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.11B

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CONDITIONS OF APPROVAL FOR 2020-70026-LU; 2022-70511-DAGR; 2021- 70019-RPD; 2022-70626-PTP; 2020-70027-SPA; and 2021-70893-ND

COMMUNITY DEVELOPMENT DEPARTMENT

PLANNING DIVISION

3.Approval Period – The above permits are granted for the period identified in Development Agreement (DAGR) 2022-70511 and contingent on compliance with the terms set forth therein.

4.Final Plans – Prior to the issuance of a building permit, final site, grading, floor, elevation and roof plans shall be submitted for the review and approval of the Community Development Department. Said plans shall incorporate any design change and other requirement as conditioned herein.

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Code. Revised plans reflecting the minor changes and additional fees shall be required.

6.Condition Compliance – All development on the subject property shall be constructed and thereafter maintained in accordance with the conditions of this permit, and the Development Agreement.

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13.Occupancy – No final inspection or occupancy permit shall be granted until construction and landscaping are complete in accordance with the approved plans and the conditions required herein.

15.Approval Inclusion – The following shall apply:
•This approval, in its entirety as adopted, shall be included in the initial plan-check submittal that is submitted to the Building Division. The approval and conditions shall be copied directly onto plan sheets and included as part of the project plans throughout the plan-check process and shall be part of the project plans for which building permits are issued.
•All agreements, obligations, conditions, development
standards, and use allowances contained in Specific Plan 07 and Development Agreement DAGR 2022-70511 shall apply
to this approval.

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prior to performing the work. Unauthorized change(s) or failure to comply with the conditions of this permit may require future corrective work and result in a City Code violation and appropriate action.

A. Affordable Housing Covenant shall be recorded prior to final building permit issuance. Covenant shall be recorded to provide notice to any future owners.

B. The Affordable Housing Covenant shall require four (4) units as affordable units. The four (4) units will be preserved at the moderate- income level of 120% of the Ventura County median income.

D. The City may extend affordable period if owner does not comply with Affordable Housing Covenant.

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E. Affordable units should be comparable in exterior appearance and overall quality of construction to market-rate dwelling units in the same residential development. The design and appearance of the affordable units shall be compatible with the design of the market- rate units.

F. Affordable units should be dispersed throughout the mixed-use buildings of the development in a manner acceptable to the City.

G. The Affordable Housing Covenant shall be in compliance with the latest California State requirements.

The Affordable Agreement shall be reviewed and approved by the Community Development Department and City Attorney’s office prior to the issuance of a grading permit.

CULTURAL RESOURCES

BIOLOGICAL RESOURCES

Should active nests be identified, a buffer area no less than 150 feet (300 feet for raptors) shall be fenced off until it is determined by a qualified Item No.11B

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biologist that the nest is no longer active. A report discussing the results of nesting bird surveys shall be submitted to the Community Development Department prior to ANY vegetation removal on site.

PARCEL MERGER

25.RESIDENTIAL PLANNED DEVELOPMENT PERMIT (RPD) 2021-70019

SETBACKS, HEIGHTS, BUILDING MATERIALS, OPEN SPACE,

ARCHITECTURAL TREATMENT
Standards – All development standards shall be satisfied to include the following per the submitted plan:

DEVELOPMENT

STANDARD REQUIRED SETBACKS PROVIDED

RESIDENTIAL (NEW)

Front
(Rancho Conejo Blvd.)
20 Feet Minimum from
Public Street
22’-9”

Item No.11B

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This height would require an additional (1) foot of distance for affected side setbacks; however, the required parcel merger would remove the dividing property line, thus eliminating the north side setback for the proposed buildings.

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32.Certified As-Built Grading – Prior to issuance of a building permit, a rough grading completion certification on the City standard form shall be prepared and signed by the applicant’s Civil Engineer and submitted to the Public Works Department. Said certificate shall state that the graded pad design and pad elevations are consistent with the pad elevation and grading details shown on the grading plan, as shown in the grading plan/attachments labeled “Preliminary Grading Plan,” date stamped January 13, 2021 to the Planning Commission staff report dated February 27, 2023.

34.Backflow Device – Any proposed backflow device shall be screened from public view, subject to review and approval by the Community Development and Public Works Departments.

35.APCD Permit – The applicant shall obtain all necessary clearances from the Ventura County Air Pollution Control District (APCD) prior to beginning any construction activity.

PARKING, ACCESS, AND DRIVEWAY

37.Required Parking – A minimum of 51 parking spaces shall be provided as shown on site within “Project Plan Set,” date stamped January 13, 2021.

The number of required parking spaces is based upon the parking requirements for multi-family residential, as set forth by reference in SP-07.

All parking spaces and driveway aisles shall be designed in accordance with Section 9.4-2404 of the Municipal Code. On-site Electric Vehicle charging parking spaces can be included in the required parking count of Item No.11B

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the project. Minor changes to the parking may be permitted so long as the project complies with the parking standards contained in the Specific Plan.

Any minor change to parking or future development on the subject property shall be reviewed and approved by the Community Development Department. Any substantial change may require the filing of a modification application to be considered by the Planning Commission.

39.Parking Stall Dimensions – The dimensions and design of all parking stall shall be installed as required by the Thousand Oaks Municipal Code.

40.Driveway – The design of the driveway and transitions are subject to review and approval of Community Development and Public Works Departments.

Measures shall include, but not limited to, signs, striping, and speed bumps.

Said measures shall be designed and shown on a signing and striping plan.

The location and type of device(s) shall be designed and installed to the satisfaction of the Community Development and Public Works Directors.

LANDSCAPING, FENCES, AND WALLS

Item No.11B

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43.Manufactured Slope Landscaping – In accordance with the City’s Grading Ordinance (TOMC Section 7-3.24), all manufactured slopes shall be landscaped with drought resistant native plants materials including tree clusters and ground cover and provided with a permanent irrigation system throughout. Landscaping and an irrigation system shall be installed six (6) months following the completion of grading for the project. Prior to the issuance of a grading permit, landscaping and irrigation plans shall be submitted under separate permit for review and approval by the Community Development and Public Works Departments.

45.Landscape Planters – All landscape planters and fingers shall be planted with shrubs, trees and flowers subject to the review and approval of the Community Development Department.

46.Restriction of Light Poles – Light poles are prohibited at the ends of landscape fingers.

Where such walls are exposed to public view, horizontal articulation of varying depths shall be provided to break up a linear wall appearance.

Item No.11B

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LIGHTING

49.Parking Lot Lighting – All parking lot illumination shall comply with the City’s parking lot standards as identified in the City’s Security Ordinance utilizing decorative light fixtures with heights not to exceed fourteen (14’-0”) feet in height. Special design features within the light fixture, including lens and shielding devices, shall be provided to avoid an over intensity of illumination and to direct illumination in a downward direction. All lighting utilized shall be located within landscaped areas, three (3) feet from parking surfaces with twenty-four (24) inch high concrete pedestals. All pedestals shall be painted the same color which shall complement one of the main wall colors of the buildings, subject to the review and approval of the Community Development Department. Where pedestrian walkways occur, the height of these fixtures may be reduced in proportion to human scale.

Use of bollard type lighting for safety adjacent to driveways is also encouraged for pedestrian traffic circulation. All lighting attached to these features shall be decorative, oriented in a downward direction, and downward shielded. Prior to issuance of a parking lot electrical permit, a photometric analysis and light fixture catalogue cuts and specifications shall be submitted to the Planning and Building Divisions for review and approval.

52.Light Source – Use of bright white, high intensity LED or metal halide lighting is prohibited.

SIGNS

53.All Signs – All site and building signage shall comply with Specific Plan 07 and shall be designed to meet the Precise Plan of Design Guidelines (Res.

No. 2006-108), and as specified in the Specific Plan. The design, color and Item No.11B

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location of all site and building signs as well as address numbers shall be processed under separate permits. A sign program shall be submitted to the Community Development Department for review and approval.

PTP 2022- 70626 CONDITIONS

55.Oak Tree and Landmark Tree Protection – Every effort shall be made to protect all oak and landmark trees in near proximity affected by the proposed improvements.

Installation of said fence shall be reviewed and approved by the Planning Division of the Community Development Department. It shall be the responsibility of the applicant to maintain all protective fencing in a good condition throughout the development period. The fence shall be removed upon completion of construction and upon authorization from the Community Development Department, Planning Division.

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60.Storage of Materials – No storage of materials is permitted within the protected zones of any oak tree.

61.Irrigation/Lighting – No spray irrigation or lighting system shall be installed within the protected zone of any oak tree except as otherwise authorized by the Community Development Department.

62.Billing by City Oak Tree Consultant – The applicant shall be billed on a real time basis for any work performed by the City’s oak tree consultant in conjunction with this oak tree permit.

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PUBLIC WORKS DEPARTMENT

GENERAL

66.Base Topography Map – The grading plan for this project must be prepared using topography which has been plotted by photogrammetric methods or survey data compiled no longer than two years prior to the date of submittal of the grading plan, and must be on current City datum. The name of the firm which prepared the topography and the date(s) on which the data was compiled or obtained must be shown on the plan. Topography must be presented in 1” = 40’ or larger (closer) scale and must extend a minimum of 100 feet outside the limits of the property proposed for development. Any deviation from this condition must be approved by the City Engineer.

67.Title Report – A copy of the applicant’s preliminary title report for the subject property, dated within 1 year of the entitlement application, shall be submitted to the Public Works Department for review prior to grading plan- check or the issuance of any Building or Grading Permits.

68.Inspection Hours – The applicant is advised that City Hall is closed on alternating Fridays, and as such, inspection services are not available on those particular dates. The applicant shall schedule any and all grading, stormwater, encroachment, paving and utility work requiring City inspection accordingly. A schedule of City Hall hours may be obtained from City Hall or at the City’s website www.toaks.org.

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WATER AND WASTEWATER

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DEVELOPMENT ENGINEERING

73.Encroachment Permit – Where any construction occurs within public right- of-way, an encroachment permit shall be obtained, plan check and inspection fees paid, an approved traffic control submitted, and bond/security posted (if required) prior to initiating construction of any improvements.

76.Grading Permit and Soils Certification – The applicant shall prepare and submit final grading plans, improvement plans, erosion control plans, BMP improvement plans, geotechnical soils reports, supporting hydrology and hydraulic calculation reports, title report, and other items as required by the City Engineer in order to obtain a grading permit in accordance with the requirements of the City’s Grading Ordinance. Applicant shall also prepare and submit detailed erosion control plans for both phases of land development; the pre-grading / site stabilization phase, as well as the post grading /building construction phase. The grading and improvement plans submitted to the City for plan-check shall at a minimum indicate all topography, proposed improvements, drainage features, water/wastewater connections and laterals, existing easements, interface with adjacent properties, storm drain and drainage systems, and street improvements.

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building pad compaction report and a rough grading certificate from the soils engineer prior to issuance of a building permit. Grading bonds shall be exonerated after satisfactory completion of the project punchlist items, which are generated after the applicant’s engineer provides a submittal of the final Record (as-built) Drawings.

Maintenance specifications shall be incorporated into the on-site stormwater Maintenance Plan (refer to NPDES conditions).

79.On-Site Drainage Design – Project design shall use the City of Thousand Oaks “Master Plan of Drainage” (2007) for the purpose of establishing on- site storm flows. The project lies within subarea 688B of said Master Plan, with Q10 = 1.93 cfs and Q100 = 3.24. The CFS-per-acre unit discharge in the Master Plan shall be used when preparing the Q 10 (developed) discharge flows and for the detention calculations up through Q100.

80.On-Site Drainage – Project design and engineering plans shall show drainage flows to street and/or yard drains and elevations.

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shall conform to this standard. The use of ribbon gutters will only be considered under special circumstances as determined by the Public Works and Community Development Directors (MC 9-4.2405).

83.Detention of Onsite Storm Flows – The applicant’s engineer shall prepare a hydraulic/hydrology analysis for the site and design onsite catch basin(s) and conveyances which will pass only the Q 10 (developed) flows into the public storm drain system. All flows in excess of Q10 (developed) up to and including Q100 (developed) must be detained on-site. A simplified detention method is available for this site.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

87.MS4 Stormwater Retention Requirements – The project meets the thresholds requiring stormwater treatment and site retention specified in the Ventura County NPDES Municipal Stormwater Permit (MS4) and 2011 Technical Guidance Manual (TGM). The project shall design, construct and maintain treatment and retentive catchments that will capture, treat and retain all rainfall runoff from disturbed and directly-connected impervious areas affected by the project. The design shall function for the first three- quarter-inch (3/4”) of all rainfall events, including drawdown and elimination of the captured runoff within 72-hours of the rainfall event. Drawdown may Item No.11B

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typically be achieved via groundwater recharge/percolation or vegetative irrigation/evapotranspiration. Treatment of the site’s pollutants of concern is preferably addressed through vegetative contact and other natural biological processes. Further details and design requirements are available at www.vcstormwater.org.

Treat the storm flow equivalent to ten percent (10%) of the 50-year peak flow; or
Treat the volume of annual runoff (based upon the unit storage water quality volume) to achieve 80 percent or more volume treatment by the method recommended in the “California Stormwater Best Management Practices Handbook – Industrial / Commercial (1993)” and the “Ventura Countywide Stormwater Quality Management Program Technical Guidance Manual for Stormwater Quality Control Measures (2002).”

90.Stormwater Pollution Prevention Plan and Notice of Intent (SWPPP) – Prior to the issuance of any grading permit and/or the commencement of any clearing, grading or excavation for all projects that disturb over 1 acre, the applicant/owner shall submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Storm Water Permit Unit, in accordance with the NPDES Construction General Permit (No. 2009-009- DWQ including amendments). The applicant/owner shall provide the City with a WDID number or proof of the NOI submittal. The applicant/owner shall comply with all additional requirements of this General Permit including preparation of a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP shall be prepared by a certified QSD, fully comply with RWQCB requirements and contain specific BMPs to be implemented during project construction to reduce erosion and sedimentation to the maximum extent practicable. A copy of the adopted SWPPP shall be maintained in the construction site office at all times during construction and the site superintendent shall use the plan to train all construction site contractors in site Best Management Practices prior to starting work on the site. At a minimum, the following BMPs and requirements shall be included:

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A. Pollutant Escape: Deterrence
B. Pollutant Containment Areas
C. Pollutant Detainment Methods
D. Sediment control and capture
E. Erosion Control / Dust Control
F. Recycling/Disposal
G. Hazardous Materials Identification and Response

TRAFFIC

SUSTAINABILITY

Solid Waste Collection and Diversion Requirements

Thousand Oaks Blvd.

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For a list of authorized waste haulers and/or to complete and submit a C&D Debris Recycling Plan go to ThousandOaks.WasteTracking.com.

95.Mandatory Organics Recycling - Mandatory Organics Recycling – The applicant/owner is hereby notified that California State law AB 1826 and SB 1383 require businesses, schools, hospitals, restaurants, government buildings and other commercial properties, including multi-family dwellings of 5 units or more, that generate two cubic yards or more of commercial solid waste per week (trash, recycle, organics, in aggregate) to separate and recycle organic waste and arrange for organic waste collection service.

Organic waste includes food waste, landscape and pruning waste, non- hazardous wood waste, and food-soiled paper.

96.Trash Enclosures - Solid Waste, Recycling and Organics Collection – Required: American with Disabilities (ADA) accessible, covered 3-bin enclosures with a ramp are required for the collection of solid waste, recycling, and organics (food waste). The design of the enclosure must be large enough to accommodate collection containers for source-separated solid waste, organic waste, and recyclable materials.

97.Bulky Item Collection – A covered location shall be provided for occupants to place bulky items for collection by the authorized hauler.

98.Required - Operational recycling plans are required before occupancy.

Water and Irrigation

99.Water – Thousand Oaks is a State Water Dependent Area and we are currently at a level 4 drought restriction which has a maximum of one day per week outside irrigation and requires the use of drip/low flow irrigation. As soon as September 1, 2022, all outside irrigation could be eliminated. Please visit www.toakswater.org for more information on restrictions. Note that our water conservation ordinance has restrictions that exceed MWELO requirements.

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100.Low-flow/low volume Irrigation – please review the specific requirements on our irrigation page. https://www.toakswater.org/sprinklersandirrigation. 101.Plantings during the drought – The drip/low flow irrigation system should be installed, and trees planted. However, installing the smaller shrubs and plants should be deferred until either the drought is over, or the City determines we have sufficient water to establish new plantings. 102.Turf/Grass – State law now prohibits the watering of non-functional turf in commercial developments. If the developer proposes turf as part of the project, please include an explanation of why it is "functional turf" and request a waiver from the Sustainability Division to use potable water. In planning for the future, turf areas should be minimized and established on separate valves for easier shutoff during droughts.
103.Dust control – Refer to Ventura County Air Pollution Control District methods of dust control for eligible methods, for the duration of the water restrictions. Alternatives to the use of use of potable water during construction should be the primary methods employed. If potable water is needed a hardship waiver is required and must explain when potable water will be used in the different construction stages and when other methods will be used. The hardship waiver is available from the Sustainability Division.

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VENTURA COUNTY FIRE PROTECTION DISTRICT

108.Hazardous Watershed Fire Area – This project is in a Hazardous Watershed Fire Area and all structures shall meet hazardous fire area building code requirements. Contact the Building Department for requirements.
109.Fire Department Clearance – Applicant shall submit VCFD Form #610, Fire Permit Application, prior to obtaining a building permit for any new structures.
110.Building Plan Review – Building plans of all A, E, I, H, R-1, R-2, or R-4 occupancies shall be submitted, with payment for plan check, to the Fire District for review and approval prior to obtaining a building permit. 111.Fire-Flow (Commercial, Industrial, Multi-family buildings) – The minimum fire-flow required shall be determined as specified by the current adopted edition of the California Fire Code Appendix B with adopted Amendments and the applicable Water Manual for the jurisdiction (whichever is more restrictive). The applicant shall verify that the water purveyor can provide the required volume and duration for the project prior to obtaining a building permit by having them fill out VCFD Form #625, Fire- Flow Verification.
112.Fire Hydrant(s) Required – Fire hydrant(s) shall be provided in accordance with current adopted edition of the International Fire Code, Appendix C and adopted amendments. On-site fire hydrants may be required as determined by the Fire District.
113.Fire Hydrant Design (Commercial, Industrial, Multi-family buildings) – Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the City of Thousand Oaks Water Works Manual and the following.
•Each hydrant shall be a 6-inch wet barrel design and shall have one 4-inch and two 2 ½-inch outlets.
•The required fire flow shall be achieved at no less than 20-psi residual pressure.
•Fire hydrants shall be spaced 300 feet on center and so located that no structure will be farther than 150 feet from any one hydrant. •Fire hydrants shall be set back from the curb face 24 inches on center.

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•No obstructions, including walls, trees, lights, signposts, and meters shall be placed within three feet of any hydrant.
•A concrete pad shall be installed extending 18 inches in all directions from the fire hydrant.
•Ground clearance to the lowest operating nut shall be between 18 to 24 inches.
114.Water System Plans – Plans for water systems supplying fire hydrants and/or fire sprinkler systems and not located within a water purveyor’s easement, shall be submitted to the Fire District for review and approval prior to issuance of grading and/or building permits or signing of Mylar plans, whichever is first. Plans shall reflect only dedicated private fire service lines and associated appurtenances. Plan shall be design and submitted with the appropriate fees in accordance with VCFPD Standard

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122.Turnarounds – Approved turnaround areas for fire apparatus shall be provided when dead-end Fire Department access roads exceed 150 feet.

Turnaround areas shall not exceed a 5% cross slope in any direction and shall be located within 150 feet of the end of the access road/driveway.

Turnaround areas shall not be used for parking and shall be kept free of obstructions at all times. Turnaround areas shall be posted as Fire Lanes in accordance with Fire District Fire Lane Standards.
123.Access Road Certification – The access road shall be certified by a registered civil engineer as having an all-weather surface in conformance with Public Works and/or Fire District standards. This certification shall be submitted to the Fire District for review and approval prior to occupancy. 124.Fire Lanes – Prior to construction the applicant shall submit two (2) site plans to the Fire District for approval of the location of fire lanes. Prior to occupancy, all fire lanes shall be posted “NO PARKING-FIRE LANE-TOW AWAY” in accordance with California Vehicle Code, the International Fire Code and current VCFPD Fire Lane Standards. All signs and or Fire Lane markings shall be within recorded access easements.
125.Fire Sprinklers – All structures shall be provided with an automatic fire sprinkler system in accordance with current VCFPD Ordinance at time of building permit application.
126.Fire Alarm System – A fire alarm system shall be installed in all buildings in accordance with California Building and Fire Code requirements. 127.Fire Alarm / Sprinkler Monitoring Plans – Plans for any fire alarm system or sprinkler monitoring system shall be submitted, with payment for plan check, to the Fire District for review and approval prior to installation. 128.Fire Extinguishers – Fire extinguishers shall be installed in accordance with the International Fire Code. The placement of extinguishers shall be subject to review by the Fire District.
129.Emergency Lighting and Exit Signs – Emergency lighting and exit signage shall be installed in all buildings in accordance with California Building and Fire Code requirements.
130.Address Numbers (Commercial, Industrial, Multi-family buildings) – Building address numbers, a minimum of ten inches (10") high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Brass or gold-plated numbers shall not be used. Where structures are set back more than 150 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is not visible from the street, the address Item No.11B

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number(s) shall be posted adjacent to the driveway entrance on an elevated post. Individual unit numbers shall be a minimum of 4 inches in height and shall be posted at the front and rear entrance to each unit. Additional address directional signs may be required at common building entrances and stairways.
131.Address Directory – An address directory shall be provided at all entrances to the project at locations approved by the Fire District. Design shall be in accordance with Fire District Addressing Standards. Directory plans shall be submitted to the Fire Prevention Division for review and approval prior to installation.
132.Accessory Room Door Labeling – All accessory room doors shall be labeled on the doors indicating use of the room (i.e., Electrical Room, Riser Room, Fire Alarm Panel Inside, Storage Room, Janitor, Roof Access, etc.). 133.Knox Device – Exterior access leading to fire sprinkler riser rooms and alarm control panels shall be provided with a Knox Box for emergency access.
134.Construction Access – Prior to combustible construction, a paved all- weather access road/driveway suitable for use by a 20-ton Fire District vehicle shall be installed at locations approved by the Fire District. 135.Construction Access Utilities – Prior to combustible construction, all utilities located within the access road and the first lift of the access road pavement shall be installed. A minimum 20-foot clear width shall remain free of obstruction during any construction activities within the development once combustible construction starts.

Item No.11B

POLICE DEPARTMENT CONDITIONS OF APPROVAL FOR 2020-70026-LU; 2022- 70511-DAGR; 2021-70019-RPD; 2022-70626-PTP; 2020-70027-SPA; and 2021-70893-ND cdd:600-60/420-78/H:COMMON/:COMMON/City Council/CC Agenda Items2023/04042023/Shapell/Attachment 6 Resolution/ pz (FILE ID: 2022-70511-DAGR)

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POLICE DEPARTMENT
136.DOOR SECURITY HARDWARE – Exterior double doors shall have an astragal constructed of steel or aluminum a minimum of .125” thick, which will cover the opening between the doors. The attachment of the astragal shall comply with all applicable provisions of the Fire Code. Exterior, outward opening single doors shall have the appropriate type of latch guard installed so as to prevent the violation of the latch and strike. The latch guard shall be a minimum of .125” thick and extend a minimum of six inches above and below the door latch or deadbolt. Doors utilizing rim and cylinder locks shall have heavy-duty cylinder guards installed. All outward opening exterior doors shall have hinges equipped with non-removable hinge pins or a mechanical interlock (set screws) to prevent removal of the door from the outside by removing the hinge pins.
137.LIGHTING – Weather and breakage resistant covers shall protect all exterior lighting. Exterior lighting fixtures will be fully enclosed to minimize tampering and breakage. After hours exterior lighting shall provide sufficient illumination to allow viewing of the exterior of the buildings and parking areas (If any). Interior after hours lighting is also highly recommended. The use of metal halide fixtures or Light-Emitting Diode (LED) is preferred over high-pressure sodium fixtures since metal halide and LED lighting provides superior illumination and color rendition. A lighting plan must be submitted to The Thousand Oaks Police Department for review and is subject to change prior to Police Department approval.
138.LANDSCAPING – Landscaping shall not cover, nor partially cover any exterior door or window. Landscaping, including trees, will not be placed directly under any overhead lighting that could cause loss of light at ground level. All landscaping will be kept trimmed in order to provide an unobstructed view of the building from adjacent walkways. The standard CPTED (Crime Prevention Through Environmental Design) landscaping rules of “two foot / six foot” shall apply to the property (No shrubbery shall be higher than 2 feet and lower the tree canopy shall not grow below 6 feet).

This will reduce concealment areas and keep the area well-lit during darkness hours.
139.ADDRESS IDENTIFIERS –The building will display its address on all sides.

Map signs of the facility will be placed at all pedestrian entrances.

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140.STAIRWELLS - Stairwells leading to additional floors in the enclosed areas will either have (1) mirrors, (2) an open stairs concept, (3) half-wall concept or (4) any combination of the aforementioned, to allow the traveler to view up or down to the next floor for the purposes of an increased field of view and reduced blind spots.
141.TRASH ENCLOSURES – Exterior trash enclosures shall be kept closed/ locked during non-business hours to discourage, loitering, illegal dumping and theft. Trash enclosures will be constructed to have outside visibly to reduce the possibility of camping or sleeping in the area. 142.OTHER SECURITY CONCERNS - The business will correct any safety or security concerns upon written notice by the Thousand Oaks Police Department.

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PARK AND LANDSCAPE MAINTENANCE DISTRICTS CONDITIONS OF APPROVAL FOR 2020-70026-LU; 2022-70511-DAGR; 2021-70019-RPD; 2022-70626-PTP; 2020-70027- SPA; and 2021-70893-ND
cdd:600-60/420-78/H:COMMON/:COMMON/City Council/CC Agenda Items2023/04042023/Shapell/Attachment 6 Resolution/ pz (FILE ID: 2022-70511-DAGR)

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TO:Andrew P. Powers, City Manager
FROM:Jaime Boscarino, Finance Director
DATE:April 4, 2023
SUBJECT: Proposed FY 2023-24 and FY 2024-25 Capital Improvement Program Budget Study Session
RECOMMENDATION:

1. Receive information on Proposed FY 2023-24 and FY 2024-25 Capital Improvement Program (CIP) Budget.

2. Schedule a public hearing for June 6, 2023, for adoption of the FY 2023-24 and FY 2024-25 Operating and CIP Budget.

3. Find that this action is not a project as defined under the California Environmental Quality Act (CEQA).

FINANCIAL IMPACT:

Financial Impact to be Determined. Financial impact of the Proposed FY 2023- 24 and FY 2024-25 CIP Budget is $64,171,020 and $62,765,570, respectively across all funds. This is a study session only. City Council will be requested to adopt the FY 2023-24 and FY 2024-25 CIP Budget at its June 6, 2023, public hearing.

BACKGROUND:

The purpose of this study session is to provide City Council with an overview of the Proposed FY 2023-24 and FY 2024-25 CIP Budget (Proposed CIP Budget), as well as the five-year CIP Plan. The five-year CIP plan is an essential part of the overall CIP Budget document, which strategically plans for the community’s long- term capital improvement needs. The Proposed CIP Budget is provided under separate cover and available for review by contacting the Finance Department at [email protected] or on the City’s website at www.toaks.org/cipbudget.

The Proposed CIP Budget process began in October 2022 with a kickoff meeting. Since then, Finance staff have been diligently working with departments on the Proposed CIP Budget, refining requests to ensure projects are financially feasible, adequately represent needed capital improvements, and respond to City Council Priorities over the upcoming two fiscal years.

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Proposed FY 2023-24 and FY 2024-25 CIP Program Budget Study Session April 4, 2023

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7 City Council Top Ten Priorities
City Council discussed and agreed on their Top Ten Priorities (Priorities) for FY 2022-23 at the City Council Goal Setting Meeting held on May 17, 2022. The Proposed CIP Budget includes a wide range of projects that support these Priorities, including projects to promote environmental sustainability, investing in public infrastructure, and addressing homelessness. Ensuring the City’s fiscal sustainability is a critical component of the CIP planning and development process.

Historical CIP Budget Comparison
The Proposed CIP Budget reflects an increase of $16.0 million, or 14.4 percent, compared to FYs 2021-2023 as shown in the chart and graph below. This increase is in line with the prior CIP Budget increase. The majority of the increase is in the Water and Transportation/Traffic categories, with a focus on environmental sustainability and resiliency projects such as battery storage. The City will likely receive federal grant funding for many of these environmental sustainability projects, offsetting the financial impact.

Ten-Year CIP Budget History
# ProjFYs 2015-2017# ProjFYs 2017-2019# ProjFYs 2019-2021# ProjFYs 2021-2023# ProjFYs 2023-20251.Water 20 19,662,947$ 26 12,800,000$ 22 28,910,000$ 17 14,470,000$ 25 29,570,000$ 2.Wastewater 16 7,859,65918 11,255,00021 16,040,00027 17,167,00031 25,604,0003.Streets 16 8,990,19414 18,326,30018 23,410,55013 25,488,24012 21,014,5404.Transportation/Traffic 23 10,692,50023 7,418,00025 5,751,49528 9,642,42026 20,368,8005.Facility 15 2,495,00018 3,270,00015 7,131,90018 12,992,00031 12,147,0006.Stormwater 6 4,220,0005 1,250,0007 1,541,65716 6,262,00014 10,747,2507.Landscape/Streetscape 2 1,600,0005 4,570,0007 9,515,0006 6,740,0003 3,380,0008.Library 3 780,0004 700,0007 1,395,0002 850,0006 3,350,0009.Open Space 1 140,0001 140,0002 540,0002 914,0002 380,00010.Undergrounding 2 3,335,0001 90,0001 240,0002 170,0002 375,00011.CDBG/Housing - - - - - - 1 16,273,050- -104 59,775,300$ 115 59,819,300$ 125 94,475,602$ 132 110,968,710$ 152 126,936,590$ Category
Total
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7 Capital Facilities Committee and Planning Commission Review Staff presented the Proposed CIP Budget to the City Council Capital Facilities Committee on March 30, 2023, to receive input on the various CIP projects. Staff also presented the Proposed CIP Budget to the Planning Commission on April 3, 2023, for General Plan Consistency and compliance with Government Code Sections 65401 and 65402.

DISCUSSION/ANALYSIS:

Staff embarked on the Proposed CIP Budget during a period of high inflation and supply chain issues, but with the commitment and resolve to continue maintaining City infrastructure. Proposed projects are evaluated for financial feasibility prior to inclusion in the Proposed CIP Budget.

The Proposed CIP Budget provides detailed information for each project budgeted in FY 2023-24 and FY 2024-25, as well as summary information for the projects staff anticipates through FYs 2025-2028 (Five-Year Plan). Since many projects take more than two fiscal years to design and construct, developing a Five-Year Plan allows City Council and staff to forecast and anticipate upcoming citywide capital needs. As the City’s infrastructure continues to age, the Five-Year Plan also helps identify long-term maintenance and asset management funding requirements.

The CIP Budget is organized into four main sections:
1) Summaries
a. Five-Year Summary of CIP Projects by Category
b. Overview of CIP Projects for FY 2023-24 and FY 2024-25 c. Five-Year Summary of CIP Projects by Fund
d. Five-Year Project Revenue Summary by Fund
e. Deferred Requirements Summary
2) CIP Projects by Category – Projects by category separated by individual tabs. Includes individual pages for each project budgeted in FY 2023-24 and FY 2024-25. Each page provides information about the project, including how much has already been expended, how much is requested to be carried over to FY 2023-24, and new budget amounts proposed. Also included is the Project Priority of One, Two, or Three. 3) CIP Projects by Fund – This section illustrates the amount each fund will spend on capital improvement projects, as well as the overall impact of proposed capital projects on each fund’s available balance. 4) CIP Projects Index, by Project Number and Name.

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Proposed FY 2023-24 and FY 2024-25 CIP Program Budget Study Session April 4, 2023

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7 Overview of Proposed CIP Budget
The Proposed CIP Budget is presented in the table and graph below, with a total budget of $126,936,590. Also, included in the table is the estimated amount of $50,789,308 in FY 2022-23 budget that will be carried over to FY 2023-24.

Proposed FY 2023-24 and FY 2024-25 CIP Budget
Proposed FY 2023-24 and FY 2024-25 CIP by Category
The top ten proposed capital improvement projects with the highest total budget are presented below. Individual new projects will be discussed in greater detail in other sections of this report.

No. Category FY 2023-24 FY 2024-25 Total Carryover
1 Water $ 14,850,000 $ 14,720,000 $ 29,570,000 $ 11,535,225 2 Wastewater 15,804,000 9,800,000 25,604,000 16,148,000 3 Street 7,872,540 13,142,000 21,014,540 3,886,123 4 Transportation/Traffic 10,435,230 9,933,570 20,368,800 994,000 5 Facility 7,322,000 4,825,000 12,147,000 9,838,419
6 Stormwater 6,347,250 4,400,000 10,747,250 806,750
7 Landscape/Streetscape 800,000 2,580,000 3,380,000 1,116,000 8 Library 250,000 3,100,000 3,350,000 1,067,018
9 Open Space 290,000 90,000 380,000 823,223
10 Undergrounding 200,000 175,000 375,000 - 11 Housing - - - 4,574,550 Total $ 64,171,020 $ 62,765,570 $ 126,936,590 $ 50,789,308 Item No.12A

Proposed FY 2023-24 and FY 2024-25 CIP Program Budget Study Session April 4, 2023

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7 Project Funding for Proposed CIP Budget
During the development of the Proposed CIP Budget, staff analyzed available funding sources and potential grants to support project requests. For any one project, the City may use multiple funding sources, however some funding sources have various constraints. For example, water capital revenue/reserves can only be used for water system projects. The General Fund is the only discretionary fund in which reserves can be used for any capital improvement project. This is illustrated in the “CIP Projects by Fund” section.

The appropriations by funding source for the Proposed CIP Budget are as follows:

FY 2023-24 and FY 2024-25 CIP by Funding Source, $126.9M Highlights of significant projects by fund for the Proposed CIP Budget are presented below.

Project Title Category Carryover FY 2023/24 FY 2024/25 TotalPavement Overlay FY 2023-25 Street $ 50,000 $ 5,858,000 $ 7,492,000 $13,400,000 Groundwater Utilization Project Water 9,000,000 - - 9,000,000Prefabricated Solar System at Various City FacilitiesFacility 6,001,582 - - 6,001,582Battery Energy Storage at Pump Stations Water - - 6,000,000 6,000,000Electric Vehicle (EV) Bus Purchase FY 2023-2025 Transp/Traffic - 2,500,000 2,500,000 5,000,000Thousand Oaks Blvd Wastewater Pipe & Maintenance Hole Lining Wastewater - 4,650,000 - 4,650,000 Housing Assistance Support Housing 4,574,550 - - 4,574,550 Fats, Oils, and Grease Station Wastewater 4,300,000 100,000 - 4,400,000Hill Canyon Treatment Plant Tertiary Filters Rehabilitation Wastewater 290,000 330,000 3,200,000 3,820,000 Cogeneration Facility Upgrade Wastewater 2,430,000 1,200,000 - 3,630,000 Item No.12A

Proposed FY 2023-24 and FY 2024-25 CIP Program Budget Study Session April 4, 2023

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7 General Fund: The General Fund is the City’s primary operating fund and provides City Council with the most discretion in allocating resources. Capital projects are funded with General Fund reserves and the majority of proposed projects are for the improvement and maintenance of City-owned facilities and stormwater infrastructure. Staff prepares a 15-year facility maintenance plan to strategically plan for future replacement and maintenance of aging City facilities. The City owns various facilities requiring ongoing improvement, maintenance, and major renovations and upgrades.

In addition to facility maintenance projects, the General Fund also funds various other projects, including those related to City Council Goals and Priorities that do not have identified funding sources or adequate funding.

Highlights of new General Fund projects in the Proposed CIP Budget are as follows:
•Compressed Natural Gas (CNG) Station Upgrades (CI 5707, pg. 29) - $900,000 General Fund Budget. This project is for the upgrade of the City’s existing CNG station at the Municipal Service Center (MSC). •Storm Drain System Master Plan Update (MI 2663, pg. 79) - $750,000 General Fund Budget. This project is for the update of the City’s 2006 Storm Drain System Master Plan and will examine the most critical areas for improvement. The project will likely include a federal “Green Streets” component for treatment of storm water runoff pollutants. •Electric Vehicle (EV) Charging Stations at Civic Arts Plaza (CAP) and MSC (CI 5708 and CI 5710, pg. 30 and 32) - $572,000 and $130,550 General Fund Budget respectively. This project will install EV charging stations at CAP and MSC. Grant funding will offset the cost of these projects.
•Climate and Environmental Action Plan (CEAP) Planning and Implementation (MI 2606, pg. 41) - $100,000 General Fund Budget. This project will assist the City in implementing the recommended actions identified in the CEAP.

Item No.12A

Proposed FY 2023-24 and FY 2024-25 CIP Program Budget Study Session April 4, 2023

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7 Library Fund: The City has two library facilities, the Grant R. Brimhall Library and a branch library in Newbury Park. The Grant R. Brimhall Library was opened in 1982 and consists of a 62,000 square foot building, which was expanded in 2006, adding an additional 22,000 square feet to accommodate an improved Children's Services area. The Newbury Park Branch Library opened in 1991 and consists of a 31,000 square foot building on Borchard Road. The Libraries are primarily funded through property tax, with support from the General Fund as necessary.

Two major projects at the Libraries are both currently in progress as follows:
•Prefabricated Solar System at Various City Facilities (CI 5562, pg. 17) - $2,629,968 Library Fund Budget carryover. This project will be for the purchase and installation of prefabricated solar systems at both Libraries.

Photovoltaic systems to be installed on roofs and carports. •Grant R. Brimhall Library and Newbury Park Library Interior Remodel (MI 2538, pg. 59 and MI 2539, pg. 60) - $550,000 and $300,000 Library Fund Budget carryover, respectively. These projects are for the remodel of various areas of the libraries to improve operations and stay current with modern library needs which includes automated material handling equipment, additional private study room, circulation counter remodel, potential security enhancements, and other changes as identified in the master planning phase.

Gas Tax Funds: Historically, the City has relied on several funding sources for street projects, including Gas Tax, Transportation Development Act (TDA) funds, Federal and State grants, and former Redevelopment Agency (RDA) funds. With the passage of SB 716 in 2009, the City was unable to use TDA funds toward street-related purposes starting in 2014. However, in FY 2019-20, SB 848 was passed, allowing the City to utilize TDA funds for streets and roads after meeting transit needs. This amounts to approximately $3.3 million over the next two fiscal years.

Per the City’s 2019 Pavement Management Program, in order to maintain existing pavement conditions, the City should be funding pavement rehabilitation at an annual amount of $8.0 million. Street-related revenue from Gas Tax, TDA, and Road Maintenance and Rehabilitation (RMRA) is approximately $7.6 million in FY 2023-24. Revenue in FY 2024-25 is projected to increase to $8.3 million, bringing the two-year total to $15.9 million, just slightly below the required $16.0 million and enabling the City to fully fund its pavement rehabilitation in FYs 2023-2025.

Item No.12A

Proposed FY 2023-24 and FY 2024-25 CIP Program Budget Study Session April 4, 2023

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7 The following graph shows the street improvements revenue history, projections through FY 2024-25, and required street improvement funding needs to maintain streets and roads in their current condition.

Highlights of projects for the Proposed Gas Tax Funds’ CIP Budget of $16,923,000 with an additional $478,000 in carryovers are as follows:
•Pavement Overlay Program FY 2023-25 (CI 5594; pg. 85) - $12,350,000 ($13,350,000 Total Project). Citywide pavement rehabilitation program overlaying various arterial and residential streets with Asphalt Rubber Hot Mix (ARHM) or other appropriate paving material.
•Pavement Slurry Program FY 2023-25 (MI 2610; pg. 95) - $1,948,000 ($2,100,000 Total Project). Annual street maintenance program to slurry seal City streets and roads. Placement of Type II emulsion aggregate slurry seal preserving pavement surface.
•Curb Ramps Citywide FY 2023-25 (CI 5595, pg. 86) - $1,000,000. Annual construction of curb ramps in accordance with Americans with Disabilities Act (ADA) requirements on streets that are to be overlaid, cape sealed, and micro-surfaced as part of the annual street rehabilitation program and other locations as may be determined by the Disabled Access Appeals and Advisory Board.
•Sidewalk Replacement and Repair FY 2023-25 (MI 2609, pg. 94) - $500,000. Annual program to repair sidewalks, curbs, and gutters citywide. This amount was increased from the existing CIP Budget by $100,000 in order to replace and repair additional sidewalk segments.

Item No.12A

Proposed FY 2023-24 and FY 2024-25 CIP Program Budget Study Session April 4, 2023

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7 State and Federal Grants Fund: The Proposed State and Federal Grants Fund CIP Budget is $10,140,176 with an additional $4,085,140 in carryovers. Highlights of new projects are as follows:
•Battery Energy Storage Projects at various City facilities (CI 5703, CI 5704, CI 5705, CI 5706, pgs. 27, 56, 57, and 28) - $3,350,000 total estimated grant funding. Project includes installation of battery energy storage systems at Goebel Adult Community Center, Grant R. Brimhall Library, Newbury Park Library, and Alex Fiore Teen Center to provide resilience and off-grid operation in the event of a power outage. •Hillcrest Dr. Bike Lanes Pedestrian Improvements (CI 5682, pg. 112) - $2,783,797 (estimated grant funding). This project includes converting existing Travel Lane #3 (outside lane) to Class IV bike lanes on Hillcrest Drive between Lynn Road and Moorpark Road in both directions. It also includes the installation of new sidewalk and curb ramps on the north side of Hillcrest Drive between Lynn Road and McCloud Avenue. •Westlake Boulevard Flood Damage Mitigation (CI 5590, pg. 67) - $1,057,500 (estimated Hazard Mitigation Grant funding). This project will include the installation of terraced retaining walls, sediment basin (if feasible), new utility access hole, inlet with headwall, and rock swale on Westlake Boulevard to divert excess storm water and debris runoff from the roadway.

Capital Projects/Developer Fee Funds: Revenue is from developer fees to fund developers’ fair share of infrastructure improvements. The Proposed Capital Projects/Developer Fee Funds CIP Budget is $3,656,341 with an additional $123,108 in carryovers. Highlight of the new project is as follows:
•Agoura Road/Westlake Boulevard (CI 5301, pg. 82) - $1,825,000. This project will widen the right-of-way by 10 feet at the northeast corner of Agoura Road/Westlake Boulevard and add a second westbound left turn. Traffic signal improvements to be coordinated with Caltrans include new signal poles, wiring, detectors, retaining wall, and signing/striping modifications.

Lighting and Landscaping Funds: There are two main revenue sources in the Lighting and Landscaping funds; ad valorem property tax revenue and special assessment district tax revenue. The City annually assesses a special tax on those property owners that have annexed into the district. This revenue helps fund lighting and landscaping improvements in the districts. There is adequate fund balance to complete the projects for the upcoming two fiscal years, but future projects included in the five-year CIP plan for the Lighting Fund may require alternative funding sources.

Item No.12A

Proposed FY 2023-24 and FY 2024-25 CIP Program Budget Study Session April 4, 2023

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7 The Proposed Lighting and Landscaping Funds CIP Budget is $5,231,650, with an additional $241,000 from carryovers. Highlights of projects are as follows:
•Thousand Oaks Boulevard Landscape Improvements (CI 5653, pg. 49) - $2,400,000. This project is for the design and construction of landscape and irrigation improvements within the center medians on Thousand Oaks Boulevard, between Duesenberg Drive and the County line near Via Colinas.
•Woodcrete Fence Replacement FY 2023-25 (CI 5435, pg. 47) - $500,000.

This project is to replace woodcrete fences in various locations citywide. •Westlake Boulevard Landscape Improvements (CI 5652, pg. 48) - $480,000. This project is for the design of landscape and irrigation improvements within the center medians on Thousand Oaks Boulevard between Duesenberg Drive and the County line near Via Colinas. The project site consists of various center medians totaling approximately 130,000 square feet.

Housing Funds: The Proposed CIP Budget is $3,374,550 for the Housing Trust Fund. On March 30, 2021, City Council included in the FY 2021-22 Top Ten Priorities, to identify and advance solutions for emergency sheltering and permanent supportive housing to address homelessness, as well as to continue to address shortfalls in affordable housing needs. There is one placeholder project in the Housing Trust Fund as follows:
•Housing Assistance Support (HSHOME, pg. 45) - $3,374,550 carryover.

Housing support to a variety of projects, including, but not limited to permanent supportive housing, navigation center, contributions to the Land Trust, and affordable housing.

Stormwater Fund: The Stormwater Fund has three main recurring revenue sources: A share of a special assessment from the Ventura County Watershed Protection District; Revenue from the sale of reclaimed water; and Revenue from the City’s exclusive trash hauler. However, the Stormwater Fund’s recurring revenues are insufficient to meet mandated capital requirements from the National Pollutant Discharge Elimination System (NPDES) permit. These projects, as well as future projects included in the five-year CIP plan, require funding through grants or General Fund support.

The Proposed Stormwater Fund CIP Budget is $4,100,000. Highlights of projects are as follows:
•Storm Water to Sewer Diversion Project - Malibu Creek FY 2023-25 (CI 5600; pg. 70) - $2,000,000. This project is for the design and construction of a diversion structure in the Malibu Creek Watershed to divert water from Item No.12A

Proposed FY 2023-24 and FY 2024-25 CIP Program Budget Study Session April 4, 2023

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7 the storm drain system to the sewer system as a Best Management Practice (BMP) project.
•Watershed Management Plan (WMP) Implementation Program (MI 2638, pg. 77) - $1,900,000. This project is to build one or more structural BMP projects as part of the implementation for the WMP to remove pollutants from the watershed and comply with requirements in the MS4 Permit.

Water Fund: The Proposed Water Fund CIP Budget is $30,609,400 with a carryover of $12,697,725. The Water utility system is a multi-million dollar system that must be properly maintained. With some of the Water infrastructure over 50 years old, investing in the City’s Water assets is a key component to the long-term sustainability of this critical service area. Highlights of new projects are as follows:
•Battery Energy Storage at Pump Stations (CI 5702, pg. 186) - $6,000,000. This project is to design, construct, and install a battery energy storage system and associated infrastructure at five water pump stations to provide resilience and off-grid operation for water delivery in the event of a power outage.
•Automated Meter Replacement Program FY 2023-25 (CI 5598; pg. 177) - $3,000,000. Installation, replacement, and/or upgrade of existing water meters and infrastructure throughout the City's water service area.

Additional meter upgrades are needed to make all meters fully capable of remote data collection via cellular or radio network to complete the conversion to Automated Meter Infrastructure technology.

Wastewater Fund: The Proposed Wastewater Fund CIP Budget is $27,284,400 with a carryover of $17,160,500. The Wastewater Fund provides for the operation and capital improvement of the City’s wastewater system and Hill Canyon Treatment Plant (HCTP). Continuous investment in the City’s wastewater asset system is critical to the continued successful operation of the system. Highlights of new projects are as follows:
•Thousand Oaks Boulevard Wastewater Pipe and Maintenance Hole Lining (CI 5686, pg. 150) - $4,650,000. This project includes the lining of approximately 9,300 feet of existing deteriorated wastewater lines and 40 maintenance holes along Thousand Oaks Boulevard from Conejo School Road to Moorpark Road to reduce infiltration and improve the structural integrity of the system.
•Electrical Classification and Compliance Upgrades (CI 5622, pg. 137) - $3,000,000. This project includes the design and construction of recommended improvements from the HCTP electrical classification and compliance study.

Item No.12A

Proposed FY 2023-24 and FY 2024-25 CIP Program Budget Study Session April 4, 2023

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7 Transportation Fund: The Proposed Transportation Fund CIP Budget is $14,121,500 with a carryover of $997,255. The majority of projects in the Transportation Fund are funded by Federal grants. If a proposed project in the CIP Budget does not receive the anticipated grant funding, the project will be reevaluated. Highlights of new projects include:
•Electric Vehicle (EV) Bus Purchase FY 2023-25 (CI 5575, pg. 101) - $5,000,000. This project is to purchase six heavy-duty EV powered buses and will likely be funded by federal grants.
•EV Charging Infrastructure (CI 5473, pg. 99) - $2,250,000. This project is for the construction of EV charging infrastructure exclusively for Thousand Oaks Transit vehicles at MSC bus parking area, Thousand Oaks Transit Center bus parking area, and other locations as may be required. •EV Dial-A-Ride Vans (CI 5719, pg. 113) - $1,500,000. This project is to purchase six EV dial-a-ride vans and will likely be funded by federal grants.

Other Enterprise Funds: The Proposed CIP Budget for the Golf Course Fund is $550,000 and for the Solid Waste Fund is $780,000 with a carryover of $25,000. Highlights of new projects include:
•Los Robles Greens Miscellaneous Improvement Projects (CI 5390; pg. 10) - $400,000. This project may include tee box leveling, cart path refurbishment, clubhouse interior remodeling, restroom rehabilitation, office remodel, netting repairs, pump house upgrades, irrigation system repairs, and general building repairs.
•Food Recovery and Storage Facility (CI 5714; pg. 34) - $780,000. This project is to design and construct a facility to support edible food recovery in the City. The facility will house refrigeration and freezer units for food storage and include food storage and preparation space. For use by local food recovery organizations in support of their local food recovery and distribution efforts.

Summary
The Proposed CIP Budget for the next two fiscal years includes 152 projects for a total budget of $126,936,590. With aging infrastructure and City Council Priorities in mind, staff prepared the Proposed CIP Budget with a focus on environmental sustainability, infrastructure maintenance, continued homelessness efforts, and traffic circulation improvements. Investing in the maintenance of the City’s infrastructure is a key component to long-term financial health and the Proposed CIP Budget represents a responsible fiscal plan that addresses the City’s infrastructure needs for the next two fiscal years and plans for long-term continued management of the City’s $2.0 billion in total assets.

Item No.12A

Proposed FY 2023-24 and FY 2024-25 CIP Program Budget Study Session April 4, 2023

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7 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: Brent Sakaida, Budget Office
Ryan Roman, Sr. Financial Analyst
Documents Provided Under Separate Cover:

Document #1 – Proposed FY 2023-24 and FY 2024-25 CIP Budget FIN:330-40\gp\H:\COMMON\Council\2023\Administration\040423 CIP Budget Study Session Staff Report.docx Item No.12A

TO:Andrew P. Powers, City Manager
FROM:Tracy M. Noonan, City Attorney
DATE:April 4, 2023
SUBJECT: Consideration of Transition to District-Based Elections Pursuant to the California Voting Rights Act
RECOMMENDATION:

1. Consider the information presented in the staff report and any public testimony and provide direction to the City Attorney on whether to begin the process to transition to district-based elections, the number of districts to consider, and whether to bring back a resolution of intention to transition to City Council Districts pursuant to California Elections Code Section 10010(e)(2) for action at the next City Council meeting.

2. Find that this action does not constitute a project as identified in the California Environmental Quality Act.

FINANCIAL IMPACT:

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

BACKGROUND:

On March 15, 2023, the City received a letter from attorney Jason Dominguez from Radcliff Mayes, LLP, on behalf of resident Chaise Rasheed, alleging that the City's current method of at-large elections violates the California Voting Rights Act (CVRA) and demanding that the City transition to district-based elections. A copy of the correspondence is found in Attachment #1. The sending of this letter is a precursor to the filing of a lawsuit as required under the CVRA to be discussed later in this report. This letter triggers a very short timeline for the City to act and implement City Council Districts to avoid the excessive attorneys' fees that cities faced before the 2016 amendment to the CVRA.

Item No.13A

Transition to District-Based Elections
April 4, 2023

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DISCUSSION/ANALYSIS:

An Overview of the CVRA
The CVRA (Attachment #2), passed by the California State Legislature in 2001, is based on the Legislature's belief that minorities and other members of protected classes were being denied the opportunity to have representation of their choosing at the local level due to issues associated with at-large local elections. Under the law, an at-large system of elections is subject to legal challenge under the CVRA if that method of election impairs the ability of a protected class to elect candidates of its choice or its ability to influence the outcome of the election, as a result of the dilution or the abridgment of the rights of the voters who are members of the protected class. The City conducts “at-large” elections – in other words, voters of the entire City elect all five members of the City Council. An election “by-district” is one in which the City would be divided into separate districts, each with one Councilmember who resides in that district and is chosen by the voters of that district.

The CVRA imposes a very low threshold or burden of proof on the plaintiff and does not require discriminatory intent. Because of this very low threshold, dozens of cities and other public agencies have transitioned to district-based elections. In the City of Thousand Oaks, Conejo Valley Unified School District (CVUSD) and Conejo Recreation and Parks District (CRPD) have already transitioned after receiving a similar demand letter.

A successful plaintiff under the CVRA is entitled to attorneys’ fees, costs, and other litigation expenses. Public agencies are not entitled to their costs or litigation expenses unless the court finds the action to be frivolous, unreasonable, or without merit. Virtually every agency that has challenged transitioning to district-based elections has lost in court, was required to pay hundreds of thousands – in many cases millions – of dollars, and was ultimately required to transition to district- based elections.

The Short CVRA Deadlines
Under the 2016 amendments to the CVRA, attorneys’ fees and costs can be capped if the City transitions to district-based elections within a very short time period. The total period is 135 days from start to finish. The 2016 amendments to the CVRA require challengers to make a written demand on the public agency before filing suit. The written demand triggers a 45-day period during which City Council can consider whether to transition to election by districts and to adopt a resolution of intention. A copy of the 2016 amendments to the CVRA is found in Attachment #3.

Item No.13A

Transition to District-Based Elections
April 4, 2023

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In the City’s case, the City Clerk received the written demand on March 15, 2023.

Therefore, the 45-day safe harbor period during which City Council must consider the decision to transition to by-district elections will expire on April 29, 2023. Should City Council decide to make the transition, a resolution of intention must be adopted no later than April 29. The City will have until July 28, 2023, a period of just 90 days, to complete the transition to by-district elections. During this 90-day period, the Petitioner cannot file a lawsuit against the City under the CVRA. However, should City Council decline to adopt such a resolution by April 29, 2023, the Petitioner may file a lawsuit against the City challenging the current at-large election system.

As noted above, adoption of a resolution indicating that the City will transition to by-district elections triggers the 90-day safe-harbor period. During this time, City Council has very specific actions that must be timely accomplished. To start, the statute requires that City Council hold two public hearings to consider the "composition" of districts. These first two meetings must be held within 30 days of each other.

Before City Council may adopt an ordinance establishing districts, City Council must hold at least two additional public hearings within 45 days of each other on the proposed map(s) of the districts. The proposed maps must be publicly available for at least seven days before the public hearing and if a change is made to the map after the first public hearing, the revised map must be available at least seven days before the second public hearing. The districts are to be adopted by ordinance; therefore, the second public hearing in the 45-day period may also serve as the date of introduction of the ordinance.

If City Council decides to transition to City Council districts, a proposed timeline will be provided. The timeline will include the dates for the required public hearings. Note that this time period includes the July 4th holiday.

Other Considerations
Appointed or Directly-Elected Mayor
Government Code Section 34871 gives the City Council several options with respect to the number of districts. Depending on whether the Mayor is selected by City Council or directly elected by the voters, there will either be an odd number or an even number of districts created. Government Code Section 34886 authorizes City Council to adopt an ordinance that requires the members of the legislative body to be elected by district with an elective mayor. Currently, the mayor is appointed by City Council on an annual basis and this practice is codified in the Thousand Oaks Municipal Code (TOMC). This practice also aligns with both CVUSD and CRPD. If City Council desires to change to a directly-elected mayor, this will require a separate Municipal Code Amendment and may impact the ability to meet the CVRA deadlines.

Item No.13A

Transition to District-Based Elections
April 4, 2023

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Two or More Incumbent Councilmembers in the Same District Each Councilmember was elected “at-large,” which means that until their term expires, they serve in an “at-large” capacity and are allowed to live anywhere in the City. However, when their term expires, they will be required to live within the boundaries of the district on the ballot during that election to have the ability to run for that City Council seat. The districts will be phased in during the next two election cycles.

The CVRA is silent on how to address the issue of incumbents in the same district and potentially with different term expirations. The CVRA simply says that when assigning election years “the governing body shall give special consideration to the purposes of the California Voting Rights Act of 2001, and it shall take into account the preferences expressed by members of the districts” [Elections Code Section 10010(b)].

If each Councilmember ends up in a separate district, each district is simply assigned to the election year of the resident Councilmember. If multiple Councilmembers reside in the same district and those Councilmembers have the same end-of-term year, the district is assigned to that election year.

If Councilmembers whose terms end in different years end up in the same district, City Council will decide, at the time the map is adopted, which year that district is up for election. If the District is assigned to 2024, then the 2024 Councilmember can run at the end of the current term (in 2024). The 2026 Councilmember could run mid-term (in 2024) for the District seat and, if successful, that Councilmember resigns the remaining two years of the 2026 at-large seat (leaving a vacancy that will trigger an immediate special election pursuant to TOMC Title 1, Chapter 15). If the 2026 Councilmember loses that mid-term election, or if the 2026 Councilmember chooses not to run mid-term in 2024, then the 2026 Councilmember still serves the remaining two years of the at-large 2026 term, then leaves City Council following the 2026 election. Alternatively, if the District is assigned to a 2026 election, the 2024 Councilmember could not run in 2024 and would leave City Council following the 2024 election.

The other option for either incumbent is to re-locate and establish that new location as their permanent residence in a district that is having an election in the year their term ends. This enables the Councilmember to run for re-election at the end of their current term in the District containing the new residence.

Conclusion
The CVRA establishes a very low threshold to challenge at-large elections that virtually no agency has been able to overcome in court. The City has received notice alleging a violation of the CVRA based on the City’s at-large elections and, Item No.13A

Transition to District-Based Elections
April 4, 2023

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if City Council desires to transition to district-based elections under the safe harbor rules, it must finalize this transition within a short time period. If City Council directs staff to proceed with this transition, staff will return with a Resolution of Intention at the next City Council meeting. City Council is also asked to provide feedback on whether to transition to directly-elected mayor and the number of districts, which will be used by staff and the City’s expert in the formulation of draft district maps.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

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

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

Attachments:

Attachment #1 – Letter from Attorney Dominguez
Attachment #2 – Text of the CVRA
Attachment #3 – 2016 Amendments to the Text of the CVRA CAO:650-40\tmn\Legal Files\Voters Rights Act (District Elections\Staff Reports\Consider Trans to District Elections Item No.13A

RADCLIFF MAYESLLP
□USINESS AND GOVERNMENT LAWYERS
March 11, 2023
Andy Powers
City Manager
City of Thousand Oaks
2100 Thousand Oaks Blvd.

Thousand Oaks, CA 91362
By certified mail
Re: California Voting Rights Act
Dear Mr. Powers:

I am writing you today on behalf of a large segment of the population and on behalf of Chaise Rasheed and other members of a protected class and a registered voter in the City of Thousand Oaks. This letter identifies that the City of Thousand Oaks' method of conducting elections violates the California Voting Rights Act.

Pursuant to state law, the City has 45 days from receipt of this letter to adopt a resolution outlining its intention to transition from at-large to district elections, detailing specific steps it will take to facilitate this transition, and estimating the timeframe for this transition. If they were not to adopt a resolution to this effect, then a legal action would be commenced in Superior Court to require the City to institute district elections pursuant to the California Voting Rights Act.

District elections have swept California. As far as this office is aware, no government agency in California has successfully defended a complaint alleging violation of the California Voting Rights Act. For this reason, we recommend collaborative action which would limit costs to the City and enable more participation by the City in the transition to district elections than would be the case through a court action.

Reimbursement costs are capped at around $35,000, provided City adopts a resolution of intent to implement district elections. The terms of existing council members would not be affected by the move to district elections. District elections elsewhere have been tied to greater representativeness on, and more candidates seeking election to, boards and councils, and to greater participation and interest by the community in local government agencies and elections. There are many benefits that public agencies receive from district elections, including higher voter turn-out and more community participation. Most government agencies in Ventura County, as around the state, have successfully enacted district elections.

RADCLIFF MAYES LLP
P.O. Box 20040
Santa Barbara, California 93120
(805) 421-0946
www.radcliffmayes.com
Received by City Clerk
on March 15, 2023
ATTACHMENT #1
Item No.13A

Washington, D.C. I London I Athens I Brussels
March 11, 2023

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Thank you for your consideration and attention to this matt er. We look forward to working with you to establish district elections. We believe City elections will be even better with district elections--more representative of the people and in compliance with state law.

Very truly yours,
Jason Dominguez
CAO:650-40\tmn\Legal Files\Voters Rights Act (District Elections\Staff Reports\Consider Trans to District Elections\Att 1 Letter Item No.13A

3/21/23, 10:47 AM Bill Text - AB-182 California Voting Rights Act of 2001. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB182 1/3 SHARE THIS:

ASSEMBLY BILL NO. 182
AB-182 California Voting Rights Act of 2001. (2015-2016) ENROLLED SEPTEMBER 10, 2015
PASSED IN SENATE SEPTEMBER 03, 2015
PASSED IN ASSEMBLY SEPTEMBER 08, 2015
AMENDED IN SENATE JUNE 22, 2015
AMENDED IN ASSEMBLY APRIL 29, 2015
AMENDED IN ASSEMBLY APRIL 09, 2015
CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION
Introduced by Assembly Members Alejo, Bonta, and Roger Hernández (Coauthor: Assembly Member Calderon)
(Coauthor: Senator Hueso)
January 26, 2015
An act to add the heading of Article 1 (commencing with Section 14025) and the heading of Article 2 (commencing with Section 14027) to, and to add Article 3 (commencing with Section 14040) to, Chapter 1.5 of Division 14 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL'S DIGEST
AB 182, Alejo. California Voting Rights Act of 2001.

Existing law, the California Voting Rights Act of 2001 (CVRA), prohibits the use of an at-large election in a political subdivision if it would impair the ability of a protected class, as defined, to elect candidates of its choice or otherwise influence the outcome of an election. The CVRA provides that a voter who is a member of a protected class may bring an action in superior court to enforce the provisions of the CVRA, and, if the voter prevails in the case, he or she may be awarded reasonable litigation costs and attorney’s fees. The CVRA requires a court to implement appropriate remedies, including the imposition of district-based elections, that are tailored to remedy a violation of the act.

This bill would prohibit the use of a district-based election in a political subdivision if it would impair the ability of a protected class, as defined, to elect candidates of its choice. The bill would require a court to implement specified Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites ATTACHMENT #2
Item No.13A

3/21/23, 10:47 AM Bill Text - AB-182 California Voting Rights Act of 2001. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB182 2/3 remedies upon a finding that a district-based election was imposed or applied in a manner that impaired the ability of a protected class to elect candidates of its choice.

Vote: majority Appropriation: no Fiscal Committee: no Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. The Legislature finds and declares that the purpose of this act is to address ongoing vote dilution and discrimination in voting as matters of statewide concern, in order to enforce the fundamental rights guaranteed to California voters under Section 7 of Article I and Section 2 of Article II of the California Constitution. Therefore, the provisions of this act shall be construed liberally in furtherance of this legislative intent to eliminate minority vote dilution. It is the further intent of the Legislature that any remedy implemented under this act shall comply with the 14th Amendment to the United States Constitution. The Legislature also finds and declares that this act is consistent with the decision of the Court of Appeal in Sanchez v. City of Modesto (2006) 145 Cal.App.4th 660.

SEC. 2. The heading of Article 1 (commencing with Section 14025) is added to Chapter 1.5 of Division 14 of the Elections Code, to read:

Article 1. General ProvisionsSEC. 3. The heading of Article 2 (commencing with Section 14027) is added to Chapter 1.5 of Division 14 of the Elections Code, to read:

Article 2. At-Large Elections
SEC. 4. Article 3 (commencing with Section 14040) is added to Chapter 1.5 of Division 14 of the Elections Code, to read:

Article 3. District-Based Elections
14040. District-based elections shall not be imposed or applied in a manner that impairs the ability of a protected class to elect candidates of its choice as a result of the dilution or the abridgment of the rights of voters who are members of a protected class.
14041. (a) A violation of Section 14040 is established if it is shown that racially polarized voting occurs in elections for members of the governing body of the political subdivision or in elections incorporating other electoral choices by the voters of the political subdivision. Elections conducted prior to the filing of an action pursuant to Section 14040 and this section are more probative to establish the existence of racially polarized voting than elections conducted after the filing of the action. (b) The occurrence of racially polarized voting shall be determined from examining results of elections in which at least one candidate is a member of a protected class or elections involving ballot measures, or other electoral choices that affect the rights and privileges of members of a protected class. One circumstance that may be considered in determining a violation of Section 14040 and this section is the extent to which candidates who are members of a protected class and who are preferred by voters of the protected class, as determined by an analysis of voting behavior, have been elected to the governing body of a political subdivision that is the subject of an action based on Section 14040 and this section.
(c) The fact that members of a protected class are not geographically compact or concentrated does not preclude a finding of racially polarized voting, or a violation of Section 14040 and this section, but may be a factor in determining an appropriate remedy.
(d) Proof of an intent on the part of the voters or elected officials to discriminate against a protected class is not required.
(e) Other factors such as the history of discrimination, the use of electoral devices or other voting practices or procedures that may enhance the dilutive effects of the election system, denial of access to those processes determining which groups of candidates will receive financial or other support in a given election, the extent to which members of a protected class bear the effects of past discrimination in areas such as education, employment, and health, which hinder their ability to participate effectively in the political process, and the use of overt or subtle racial appeals in political campaigns are probative, but not necessary factors, to establish a violation of Section 14040 and this section.
(f) (1) Except as provided in paragraph (2), the fact that a district-based election was imposed on the political subdivision as a result of an action filed pursuant to Article 2 shall not be a defense to an action alleging a Item No.13A

3/21/23, 10:47 AM Bill Text - AB-182 California Voting Rights Act of 2001. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB182 3/3 violation of this article.
(2) (A) If a court orders a political subdivision to adopt, and subsequently approves, a district-based election system as a result of an action filed pursuant to Article 2, there shall be a rebuttable presumption in any subsequent action filed pursuant to this article that the district-based election system of that political subdivision does not violate this article. The presumption shall apply only to the exact district-based election system that was approved by the court and shall not apply if the boundaries of the districts of the political subdivision are subsequently adjusted for any reason.
(B) This paragraph shall apply only to a district-based election system that is approved by a court on or after January 1, 2016.
14042. (a) Upon a finding of a violation of Sections 14040 and 14041, the court shall implement an effective district-based elections system that provides the protected class the opportunity to elect candidates of its choice from single-member districts.
(b) If additional effective districts under subdivision (a) are not possible without increasing the size of the governing body, or will not alone provide an appropriate remedy, the court may order additional remedies, including any of the following:
(1) Incrementally increasing the size of the governing body upon approval of voters in the jurisdiction. (2) Approving a single-member district-based election system that provides the protected class the opportunity to join in a coalition of two or more protected classes to elect candidates of their choice if there is demonstrated political cohesion among the protected classes. (3) Requiring elections of the governing body to be held on the same day as a statewide election, as provided in Section 1001, taking into account in any such remedial determination the capacity of the county to consolidate the election date with statewide elections. (4) Issuing an injunction to delay an election.
14043. In any action to enforce Sections 14040 and 14041, the court shall allow the prevailing plaintiff party, other than the state or political subdivision thereof, a reasonable attorney’s fee consistent with the standards established in Serrano v. Priest (1977) 20 Cal.3d 25, 48-49, and litigation expenses including, but not limited to, expert witness fees and expenses as part of the costs. Prevailing defendant parties shall not recover any costs, unless the court finds the action to be frivolous, unreasonable, or without foundation. 14044.

Any voter who is a member of a protected class and who resides in a political subdivision where a violation of Sections 14040 and 14041 is alleged may file an action pursuant to those sections in the superior court of the county in which the political subdivision is located. 14045. If any provision of this article or its application to any person or circumstance is held invalid, Articles 1, 2 and the remainder of this article, or the application of the provision to other persons or circumstances, shall not be affected.
CAO:650-40\tmn\Legal Files\Voters Rights Act (District Elections\Staff Reports\Consider Trans to District Elections\Att 2 CVRA Item No.13A

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Item No.13A

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/i255 /11 /13 /9 /6 /13 /16 /15 /0 /i255 /0 /5 /i255 /42 /16 /9 /0 /i255/54 /30 /4 /5/22/22/2/15 /4 /17 /15 /14 /i255/8/17/0 /1 /i255 /44 /2 /4 /0 /17 /5 /15 /i255 /35 /54 /28 /39 /39 /32 /i255 /5 /7 /i255 /45 /17 /20 /17 /6 /17 /5 /15 /i255 /27 /i255 /5 /7 /i255 /37 /17 /0 /21 /2 /i255 /31 /i255 /5 /7 /i255 /0 /1 /2 /i255/55/5/20 /2 /9 /15/22/2/15 /0 /i255 /41 /5 /12 /2 /18 CAO:650-40\tmn\Legal Files\Voters Rights Act (District Elections\Staff Reports\Consider Trans to District Elections\Att 3 CVRA 2016 Amend Item No.13A

TO:Andrew P. Powers, City Manager
FROM:Tim Giles, Human Resources Director
DATE:April 4, 2023
SUBJECT: Retired Annuitant Appointment
RECOMMENDATION:

1. Approve appointment of Cynthia M. Rodriguez as a retired annuitant hourly employee.

2. Approve budget transfer and authorize expenditure in the amount of $30,000 from A/C #001-2310-612-1010 (General Fund - City Clerk Permanent Employee/Regular Pay) to A/C #001-2110-611-1210 (General Fund - City Clerk Temporary/Hourly Employee/Regular Pay).

3. Find that this action does not constitute a project as identified in the California Environmental Quality Act (CEQA).

FINANCIAL IMPACT:

No Additional Funding Requested. There is $30,000 available in the Adopted FY 2022-23 General Fund Budget and available for transfer and expenditure from A/C #001-2310-612-1010 (General Fund City Clerk Permanent Employee/Regular Pay) to A/C #001-2110-611-1210 (General Fund City Clerk Temporary/Hourly Employee/Regular Pay).

BACKGROUND:

Cynthia M. Rodriguez retired from the City on December 31, 2022, as the City Clerk. Based on her years of experience, Ms. Rodriguez provided significant counsel, support, and advice to City staff and City Council on elections and other City Clerk-related issues.

The City has received a letter alleging a violation of the California Voting Rights Act and demanding the City transition to district elections for City Council versus the current at-large format. Ms. Rodriguez has extensive experience with municipal elections. The expert guidance and counsel of Ms. Rodriguez is required to timely and appropriately evaluate the request and, if appropriate, navigate staff Item No.13B

Retired Annuitant Appointment
April 4, 2023

Page 2 ends

Thousand Oaks City CouncilApril 4, 2023

Thousand Oaks City Council
April 4, 2023