Agenda packet — Thousand Oaks City Council, April 25, 2023 (part 6 of 6)

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soldering the crimped pipe together. The remainder of the lateral may be abandoned in place, but the meter box must be removed and the area returned to a condition acceptable to the water purveyor. If service laterals are relocated, the applicant’s engineer shall process a change order and pay any applicable charges for said change order.

88.Fire-Flow Verification - The applicant shall pay the Department a fee for calculation and verification of the existing water system to deliver required fire flows. In the event the fire flow, as determined by the Ventura County Fire Protection District, cannot be met utilizing the existing system, the applicant shall design and install new water main(s) of sufficient size and length, as determined by the Department, to provide said fire flow. A completed copy of the above-mentioned fire flow calculation must be provided to the Department before, or at the same time as, the submittal of the first plan check for the water system. Plans will not be checked or processed unless these calculations, along with a copy of the plan showing locations for proposed fire hydrants approved by the Fire Department, are submitted.

89.Fire Hydrant Upgrade - Applicant/Owner shall coordinate replacement of the existing fire hydrant located on Long Court near the proposed southerly driveway of the project. The existing 2½"x 4" two-way hydrant shall be replaced with a 2½"x 2½"x 4" 3-way hydrant at no cost to the water purveyor.

90.Concrete Pads Around Fire Hydrants - Regardless of whether a fire hydrant is located within the parkway between the curb and sidewalk (where detached sidewalks are required), or behind the sidewalk (where monolithic sidewalks are required), or within commercial areas, the applicant shall install a 4-inch (minimum) thickness concrete pad around each fire hydrant which extends a minimum of 18 inches beyond the barrel of the fire hydrant in all directions. Where detached sidewalks are installed, the pad shall be rectangular, extend from the back of the curb to the sidewalk and be 48 inches wide. A detail for said concrete pad shall be shown on all water plans for all water purveyors within the City of Thousand Oaks. The hydrant and concrete pad must be located within a specific easement, right-of-way, or public service easement shown on the tract map or dedicated by separate instrument dedicated to or usable by the respective water purveyor and the Ventura County Fire Protection District, or by other means acceptable to the Public Works Department.

91.Separate Irrigation Meter - This project shall require a fully separate water meter for irrigation and landscaping. Said irrigation meter will require all water permit fees to be paid, each service lateral and meter box installed and approved by the City Public Works Inspector, and the appropriate backflow device(s) installed, tested and certified (by an approved Item No.11A

PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70182-LU; 2022-70269-DP; 2022-70535-PTP; and 2022-70822-DAGR
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independent testing firm hired by the applicant) prior to the installation of the irrigation meters by the Department. The City may lock off the angle meter stop at the meter until the applicant has accomplished all of the above. Any taking of irrigation water without being metered through a water meter is a violation of the Municipal Code Section 10-2.514, punishable in fines up to $1,000 per day for each day of illegal taking.

92.Cross Connection Device - The applicant shall design and construct new backflow connection devices for the project’s irrigation water as well as fire sprinkler systems. Prior to the issuance of clearance for occupancy by the Department, all cross-connection control devices must be inspected and approved by the Cross Connection Control Specialist of the County of Ventura, telephone 805.654.2436 (MC 10-2.600). Full right of access and entry to the cross-connection device shall be granted to the Public Works Department.

93.Usefulness of Existing Water Laterals – Where there are existing water laterals serving the subject property and it is the desire of the applicant to reuse these laterals as part of the proposed project, the applicant must demonstrate to the satisfaction of the Department that the lateral(s) are in acceptable condition (no broken pipe, no root intrusion, etc.). These laterals must be made of copper; all poly services must be abandoned at the main under Department inspection and the meter boxes removed.

94.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. Any existing fixture units for which fees have been previously paid on the parcel will act as a credit against the amount to be paid.

95.Usefulness of Existing Wastewater Laterals – Where there is an existing wastewater lateral(s) serving the subject property and it is the desire of the applicant to reuse these laterals as part of the proposed project, the applicant must demonstrate to the satisfaction of the Department that the lateral(s) are in acceptable condition (no broken pipe, no root intrusion, etc.). This can best be done by utilization of a television video from a point Item No.11A

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on the subject property to the main, or by excavating the lateral at the property line and making a visual inspection of the lateral. Other methods may be utilized but are subject to Department approval. If the lateral is acceptable to the Department, it may be reused; where it is not acceptable, a replacement lateral must be constructed or the existing lateral renovated (such as by use of pipe bursting technology). Laterals that are not appropriate for re-use must be abandoned at the main under Department inspection.

DEVELOPMENT ENGINEERING

96.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.

97.Annexation to Lighting and Landscape District - In order to mitigate the impacts of this project and to have this project pay its fair share of maintenance costs for existing and future street lighting and landscape improvements that provide a benefit to the property, the applicant is hereby notified, consents to and agrees that the real property subject to this entitlement will be annexed into the City’s Lighting and Landscape Assessment District No. 79-2 at the next annual renewal of the District (typically June of each year). Said annexation will occur only if the City has given final approval to this entitlement. Prior to recording the final map or the issuance of any subsequent City permit needed for this project, whichever event occurs first, the applicant shall sign an annexation pre- submittal form, as provided by the City, agreeing to the unconditional annexation of the real property to said District. Applicant shall also post with the City a cash deposit or other security, as approved by the City, that could equal up to 2 years of maintenance costs for the property, based on City’s estimate of all expenses associated with the improvements for the period City deems appropriate, in order to guarantee funding for maintenance by City of lighting and landscape improvements that provide a benefit to the property. Said deposit or security shall remain in a separate City fund until such time as the property is annexed into said District. Until said annexation is complete, City shall draw on a yearly basis those amounts necessary for maintenance of said improvements. The balance of funds remaining at the time of annexation, not including any accrued interest, shall be refunded to the applicant, If annexation is not accomplished, said funds shall be used at City’s discretion to pay for maintenance of said improvements. Upon receipt of ballot(s) transmitted by the City in accordance with annexation proceedings, the applicant shall not oppose the assessment or the assessment formula for the subject property (as calculated in accordance with Article XIIID of the California Item No.11A

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Constitution), said ballot(s) shall be signed and returned to the City prior to the scheduled public hearing, per the instructions outlined on the ballot(s).

An annual assessment may be placed on the tax rolls by the City. The applicant, and/or applicant’s successor in interest, heirs or assigns shall be responsible to pay all applicable charges for annexation of said property to said District.

98.Permission for Offsite Construction - Prior to the issuance of a grading permit, written permission for all proposed offsite construction along with any required easements from the owners of the affected property shall be submitted to the City Engineer.

99.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. 100.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 plancheck 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 plancheck 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.

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101.On-site Run-off - On-site storm water shall be intercepted within the project boundaries in approved pick-up structures, treated and retained and/or conveyed to the nearest public street or existing storm drain system to the maximum extent practicable, as approved by the City Engineer (M.C. 7-3.09 and 7-3.21).
102.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 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.
103.On-Site Drainage - Project design and engineering plans shall show drainage flows to street and/or yard drains and elevations. 104.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. 105.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).
106.Parking Structure Drainage – The City prohibits the discharge of pressure-washing effluent, antifreeze and motor oils into either the wastewater system or storm drain system. Inasmuch as these are the anticipated discharges from the interior of the parking structure, the applicant shall incorporate a blind sump containment area within the parking structure designed to capture and store such discharges. Provisions shall be provided for periodic pump-out of the blind sump via tanker truck with disposal in conformance with all local, state and federal regulations. The roof and other surfaces of the parking structure directly exposed to rainfall may be drained and discharged in accordance with NPDES design parameters for a normal, rainfall-exposed surface parking lot.

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107.Building Pad Protection - The project engineer must provide analysis to demonstrate building pad protection from Q100 flows. On-site discharges (including roofs, etc) shall be detained behind a wall, graded barriers or curb, and metered through a weir or other controlling device, constraining discharge to the Q10 developed condition for the tributary area. Applicants’ engineer must prepare calculations to support this design. Said calculations must be approved by the City Engineer (M.C. 4-7.01).
108.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.
109.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.
110.Sidewalk Construction – The existing five-foot sidewalk on Moody Court shall be removed and replaced with an eight-foot-wide sidewalk per City Standard Plate 8.3. Additional right-of-way or easement shall be dedicated to the City to include the additional sidewalk width on Long Court. 111.Driveway Construction - The proposed driveway shall be constructed per Plate No. 6-1 and 6-4 of the Road Standards. The sidewalk must conform to the cross section as shown on Plate 6-4 and the applicant must grant an additional easement to the City covering the entire length of the sidewalk across the driveway. An encroachment permit shall be obtained, plan check and inspection fees paid, and security posted (if required) prior to initiating construction of said driveway improvements.
112.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).

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
113.NPDES Permit Compliance – 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.

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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). 114.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:

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).”
115.Landscaped Areas / Roof Drains - Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides which can contribute to urban runoff pollution. Unless otherwise recommended in the soils report, on-site stormwater discharges (including roof drains if applicable) shall be directed toward landscaped areas. Applicant may employ pervious landscaping design, rainfall capture pocket-planters, and other L.I.D. techniques and measures to the maximum extent practicable.
116.Deed Restriction Regarding Best Management Practices (BMPs) – Prior to issuance of occupancy, the applicant/owner shall record a Stormwater Covenant and Deed Restriction, requiring all property owners and their successors in interest to assume all duties and responsibilities for ongoing maintenance of all onsite permanent stormwater BMP’s, including, but not limited to, maintenance of all Best Management Practice and any and all equipment which is required for implementation of Best Management Practices. Contained within the Covenant and Deed Restriction must be a description of the BMP’s that are being provided as part of the project, a description of the inspection and maintenance requirements and procedures, and a site map indicating the location of the BMP’s to be maintained. The draft language and contents included in the Covenant and Deed Restriction shall be submitted to the City Attorney’s Office and Public Item No.11A

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Works Department for review and approval prior to issuance of building/ paving/grading permits (MC 7-8.401(c)).
117.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:

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
118.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. 119.Gated Entrance – The design of any gated entrance shall comply with the City standards subject to review and approval of the Traffic Engineer, Ventura Fire Department and the Department of Community Development.

Any use of decorative pavers as paving material and located around a central planter shall be subject to review and approval by the Department of Public Works. No pavers shall be located in the path of travel for the physically challenged. Should the gate interfere with traffic safety on the public street they will be removed at the property owner’s expense.

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SUSTAINABILITY

Solid Waste Collection and Diversion Requirements
120.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.
121.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. 122.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.
123.Bulky Item Collection – A covered location shall be provided for occupants to place bulky items for collection by the authorized hauler. 124.Required - Operational recycling plans are required before occupancy.

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Water and Irrigation
125.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. If the drought continues, 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 and the developer should design their palette to thrive on once a week low- flow irrigation only. Trees should be on separate zones so they can be operated separately in the event that additional restrictions are added. 126.Low-flow/low volume Irrigation – Sprinklers including rotators are prohibited within the City please review the specific requirements on our irrigation page. https://www.toakswater.org/sprinklersandirrigation. 127.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. 128.Turf/Grass – State law now prohibits the watering of non-functional turf in commercial developments. A waiver from the Sustainability Division is required to use potable water for turf. The waiver must include an explanation of why it is "functional turf". Include a description of the subsurface irrigation system or mechanism to irrigate. In planning for the future, turf areas should be minimized and established on separate valves for easier shutoff during droughts.
129.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.
130.Electric Vehicles – 5% of the total 126 parking spaces (7 spaces) will be equipped with EV chargers on the first day the apartments are approved to be occupied. 20% of the parking spaces will be EV Capable (25 spaces). 35% of the parking spaces (44 spaces) will be EV Ready.

131.General – Owner will install all electric appliances for all 73 residential units.

Item No.11A

FIRE DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70182-LU; 2022-70269- DP; 2022-70535-PTP; and 2022-70822-DAGR
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VENTURA COUNTY FIRE PROTECTION DISTRICT

132.Fire Department Clearance - Applicant shall submit VCFD Form #610, Fire Permit Application, prior to obtaining a building permit for any new structures.
133.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 City of Thousand Oaks Public Works Water Works (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.
134.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. 135.Emergency Planning and Preparedness - The owner/applicant and all occupants of buildings shall comply with the Fire Department requirements for Emergency Preparedness Requirements as indicated under the California Fire Code, Chapter 4 “Emergency Planning and Preparedness”, and CCR Title 19 Sec 3.09. All required records and documentation shall be available for review by the Fire Department upon request. 136.Access Point(s) on Roads - Roads shall be provided such that any portion of the exterior walls, at grade level, of a building or structure, is not more than 150 feet from a road as measured by an approved route around the exterior of the building. Exception: The distance shall be permitted to be extended to 250 feet when the building is protected by an automatic fire sprinkler system in accordance with NFPA 13 and provided with an approved access walkway leading from the road to the exterior openings around the structure.
137.Aerial Apparatus Access - Private roads shall comply with Public Road Standards. Multi-Family, Commercial, or Industrial Buildings or portions of buildings or facilities exceeding 30 feet in height above the lowest level of fire department access shall require an approved aerial ladder fire apparatus access road. The highest roof surface shall be determined by measurement to the eave of a pitched roof, the intersection of the roof to the exterior wall, or the top of parapet walls, whichever is greater. One aerial apparatus access road shall be provided per 50,000 square feet of building area. Aerial apparatus access roads shall have a minimum unobstructed width of 30 feet, exclusive of shoulders. Required aerial apparatus access roads shall be located within a minimum of 15 feet and a maximum of 30 Item No.11A

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feet from the building. Aerial apparatus access roads shall be positioned such that they are parallel to the entire side of the building. The side of the building on which the aerial fire apparatus access road is positioned shall be along the longest side of the building, unless otherwise approved by the fire code official. Parking shall be prohibited along the required width of the access roads. Overhead utility and power lines shall not be located within the aerial ladder fire apparatus access roads. Landscaping and other improvements between the required access and the buildings shall not interfere with aerial ladder fire apparatus operations, as approved by the fire district.
138.Mitigation to Aerial Fire Apparatus Access Roads- The fire code official is authorized to reduce the required width to not less than 24 feet when all the following are provided.
•Automatic fire sprinklers are installed throughout the structure in accordance with NFPA 13.
•Fire sprinkler standpipes are provided on all floors and through to the roof.
•Two or more roof access points are provided through 2-hour fire rated stairs separated a distance not less than half of the diagonal of the structure.
139.Turning Radius - The access road shall be of sufficient width to allow for a 40-foot centerline turning radius at all turns in the road. 140.Road Surface Construction and Grade Limitations - Fire apparatus access roads serving commercial and industrial occupancies shall have a structural cross section and surface complying with the public road standards for the jurisdiction in which the project is located and grades shall not exceed 10%.
141.Vertical Curve - The vertical curve of a fire apparatus access roads serving commercial and industrial occupancies shall not allow for transitions between grades that exceed 6% elevation change along any 10-foot section. These transitions shall include angle of approach, angle of departure, and high centering of fire apparatus.
142.Vertical Clearance - All access roads/driveways shall have a minimum vertical clearance of 13 feet 6 inches (13' 6"). Clear of building to sky. 143.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.

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144.Access Road Certification - The access road(s)/driveway(s) inclusive of bridges, culverts, and other appurtenant structures which supplement the roadway bed or shoulders, shall be certified by a registered civil engineer as having an all-weather surface in conformance with the City of Thousand Oaks Public Works and/or Fire District standards. This certification shall be submitted to the Fire District for review and approval prior to occupancy. 145.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 California Fire Code and current VCFPD Fire Lane Standards. All signs and or Fire Lane markings shall be within recorded access easements.
146.Fire Hydrant(s) Required - Fire hydrant(s) shall be provided in accordance with current adopted edition of the California Fire Code, Appendix C and adopted amendments. On-site fire hydrants may be required as determined by the Fire District
147.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.
•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.
148.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.
149.Standpipe Systems - Standpipe systems shall be installed in accordance with California Building and Fire Code requirements.

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150.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 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 Standards.
151.Fire Alarm System - A fire alarm system shall be installed in all buildings in accordance with California Building and Fire Code requirements. 152.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. 153.Emergency Lighting and Exit Signs - Emergency lighting and exit signage shall be installed in all buildings in accordance with California Building Code and California Fire Code requirements.
154.Fire Extinguishers - Fire extinguishers shall be installed in accordance with California Building Code and California Fire Code requirements. The placement of extinguishers shall be subject to review by the Fire District. 155.Panic Hardware - All exit doors shall be provided with panic hardware when serving A, E, I occupancies with an occupant load of 50 or more persons. 156.Walkways - Approved walkways shall be provided from all building openings to the public way or fire department access road/driveway. 157.Exterior Exit Stairway - Emergency escape and rescue openings shall be provided in Group R occupancies. Such openings shall discharge directly to the exterior of the building. The exit discharge shall be at grade or shall provide a direct path of egress travel to grade. The exit discharge shall not reenter a building. An exterior exit stairway is required to provide a path of egress from the podium deck to grade and ground ladder access to the podium deck.
158.Ground Ladder Access – Access around the building shall be provided to allow for laddering the building, at a maximum 75-degree angle, to reach emergency escape and rescue openings below the fourth story above the grade plane. A three (3) foot clear working space shall be provided around the ladder at ground level.
159.Walk and Pedestrian Gates - If gates are to be locked, a Knox system shall be installed. The method of gate control, including operation during power failure (battery back-up), shall be subject to review by the Fire Item No.11A

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Prevention Division. Gate plan details shall be submitted to the Fire District for approval prior to installation. A final acceptance inspection by the Fire District is required prior to placing any gate into service. 160.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. 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.
161.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.
162.Address Number Plan - A plan shall be submitted to the Fire District for review indicating the method in which buildings are to be identified by address numbers.
163.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.). 164.Knox Device - Exterior access leading to fire sprinkler riser rooms and alarm control panels shall be provided with a Knox Box for emergency access.

Item No.11A

POLICE DEPARTMENT CONDITIONS OF APPROVAL FOR 2021-70182-LU; 2022- 70269-DP; 2022-70535-PTP; and 2022-70822-DAGR
cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach42.docx\pz [FILE ID: 2022- 70822-DAGR)

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POLICE DEPARTMENT
165.POOL ACCESS – Pool access will be controlled by key-fob or similar device to reduce trespasser access. The pool will be surrounded by a decorative fence of no less than 6 feet in height, with the same CPTED “2 foot / 6 foot” rules of landscaping to apply.
166.UTILITY ROOMS AND ENCLOSURES – All exterior utility rooms and enclosures containing electrical and telephone equipment shall be kept locked at all times.
167.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 parking areas and building from adjacent streets.

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.
168.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.
169.ADDRESS NUMBERS – Wall mounted address numbers shall be a minimum of ten inches in height, be of a highly contrasting color to the background on which they are attached, and shall be illuminated from dusk to dawn by a permanent, dedicated light source.
170.ELEVATORS – Elevator interiors shall be equipped with mirrors or highly reflective surfaces to allow surveillance of the interior prior to entry, and shall have a minimum interior dimension of 6’ 8” wide x 4’9” deep in order to accommodate a standard sized medical gurney and emergency response personnel.

Item No.11A

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171.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.

Additionally, any stairwell or doors leading from the public area to any residential area is to be accessed by key-fob, key, punch code or other control device as to restrict access from the general, non-residing public.

This includes all exterior doors on the perimeter of the residential portion of the project. The doors will have emergency access via a “Knox Box” or similar security device. A generic code for door access will also be provided to Sheriff’s Dispatch at 805-654-9511 if coded. Any code changes need to be provided to Sheriff’s Dispatch ASAP
172.TRASH ENCLOSURES – Exterior trash enclosures shall be kept closed and locked during non-business hours to discourage, loitering, illegal dumping and theft. Trash encloses will be constructed to have outside visibly to reduce the possibility of camping or sleeping in the area. 173.UNDERGROUND PARKING – For the residents, will have a motorized gate to limit free and unrestricted access from persons not having business at the location. The garage area will have emergency access to the gate via a “Knox Box” or similar security device. A generic code for gate access will also be provided to Sheriff’s Dispatch at 805-654-9511. Any code changes need to be provided to Sheriff’s Dispatch immediately.
174.PARKING STRUCTURES – Install a digital, color, CCTV security camera system on each level of the parking structures. Cameras shall cover the parking areas as well as the pedestrian and vehicular egress and ingress points. Cameras shall provide good image quality during all hours of operation. It shall be a requirement that a minimum of the past 72 hours of recorded activity be retained by staff and be available upon request by the Police Department. The interior staircases shall be of the open construction variety in order to minimize blind spots and areas of concealment. Security mirrors shall be placed in the stairwells and parking structure interior.

All exterior openings in the structure's walls shall be secured with decorative metal grids to minimize unauthorized pedestrian entry. The concrete flooring of the structure shall be rough swirled to prevent skateboarding, rollerblading, etc.

For the safe movement of vehicles and pedestrians, lighting levels should be evenly distributed to provide uniform illumination of the entire parking area. Care should be given to prevent the casting of glare and spillover Item No.11A

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lighting outside of the structure. The applicant shall comply with the following lighting requirements in the proposed parking structure:
• A minimum five-foot candles at the floor level shall be provided on interior driving aisles, at all times.
• The roof parking area shall have a minimum maintained one-foot candle at floor level during hours of darkness.
• Interior parking spaces at barrier and railings shall have a minimum maintained one-foot candle at floor level at all times. • Stairways, ramps and exits shall have a minimum maintained ten- foot candle at floor level at all times.

The lighting for the parking structure shall be controlled by photocell and shall remain on during hours of darkness and diminished lighting.

It is recommended that the interior walls and ceiling of the parking structure be painted with a light, reflective color to maximize lighting efficiency.

All entrances to the parking structure shall be posted with signs indicating the structure is under 24 hour video surveillance. All driveway entrances shall be posted with appropriate signs per 22658(a) of the California Vehicle Code to assist in removing abandoned vehicles on the property. 175.PARKING – In order to facilitate parking concerns, the developer shall post signs at each entrance to the parking lot indicating the California Vehicle Code will be enforced. To discourage theft and vandalism, the parking lot shall be fenced. The use of chain link is discouraged. Access shall be through a gate equipped with key card reader. Entry logs shall be retrievable and presented to the Thousand Oaks Police Department when necessary.
176.OTHER SECURITY CONCERNS - The business will correct any safety or security concerns upon written notice by the Thousand Oaks Police Department.
*****
Item No.11A

TO:Andrew P. Powers, City Manager
FROM:Kelvin Parker, Community Development Director
DATE:April 25, 2023
SUBJECT: FY 2023-24 Community Development Block Grant Action Plan RECOMMENDATION:

1. Find that the federally funded activities related to the FY 2023-24 Community Development Block Grant (CDBG) Action Plan qualify for a Categorical Exemption under the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15301, Existing Facilities, and Section 15061(b)(3), Common Sense Exemption.

2. Find that the federally funded activities related to the FY 2023-24 CDBG Action Plan qualify for the following National Environmental Policy Act (NEPA) exemptions: a) “Categorically Excluded Subject to 58.5 Statutory Worksheets” and activities are categorically excluded and subject to 24 CFR 58.35(a)(3)(ii) and converted to exempt under 24 CFR

58.34(a)(12); b) “Categorically Excluded Not Subject to 58.5” and are exempt under 24 CFR 58.35(b)(2) or 24 CFR 58.34(a)(4); and c) exempt from determination under 24 CFR 58.34(a)(3).

3. Approve for submittal to U.S. Department of Housing and Urban Development (HUD) FY 2023-24 CDBG Action Plan.

4. Authorize City Manager to adjust the proposed allocations if HUD revises the amount of the City’s FY 2023-24 CDBG grant; and authorize City Manager to finalize and execute grant agreements and related documents in connection with FY 2023-24 CDBG Action Plan.

FINANCIAL IMPACT:

No Additional Funding Requested. The City’s FY 2023-24 CDBG Grant from HUD is $614,380.00. From that funding, $116,271.86 will be used to offset grant Item No.11B

FY 2023-24 CDBG Action Plan
April 25, 2023

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9 administrative costs and will be included in the Proposed FY 2023-24 General Fund Budget.

BACKGROUND:

Ventura County Regional Consolidated Plan
The Ventura County Regional Consolidated Plan is the five-year strategic umbrella plan for CDBG, HOME Investment Partnerships (HOME), and Emergency Solutions Grants (ESG) funding plans. The City, as a participating jurisdiction, annually updates the County’s long-range plan with an Action Plan that sets forth expenditures for that year’s CDBG funding.

In 2020, the County of Ventura formed HOME Consortium in partnership with the cities of Camarillo, Simi Valley, and Thousand Oaks, allowing HUD HOME funds to be managed regionally by the County of Ventura with an annual budget of $1.4 million. Prior to 2020, the City and non-profit affordable developers were under the very competitive State HOME Program from which the City last received a funding award in 2009.

Community Development Block Grant (CDBG)
As part of the CDBG program, HUD annually distributes an entitlement grant to U.S. counties and cities. These funds may be used for community improvements, such as housing, public facilities, and infrastructure, as well as grants to non-profit organizations delivering public and social services to the City’s low-income residents.

HUD regulations allow the City to use up to 20 percent of the annual grant to recover administrative costs to implement the CDBG program. HUD regulations also allow the City to use up to 15 percent of the annual grant to provide public and social services grants. At least 70 percent of all CDBG-funded activities must primarily benefit lower-income persons.

The CDBG grant amount fluctuates from year to year. This report proposed FY 2023-24 CDBG Action Plan for the City to be $707,271.86, which includes the City’s share of the annual Federal CDBG entitlement of $614,380.00 and prior year’s unused funds of $92,891.86.

DISCUSSION/ANALYSIS:

Housing shortages, extremely low vacancy rates, and the high costs of living in the City have caused many families and individuals to experience housing insecurity, homelessness, and the risk of becoming homeless. Maintaining existing multi- Item No.11B

FY 2023-24 CDBG Action Plan
April 25, 2023

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9 family and single-family affordable housing units is an important component of supporting the housing needs of City residents. Additionally, the City strives to support the local provisions of "essential" public and social services for vulnerable populations and very low-income individuals and households. This includes those who are homeless or at risk of homelessness, the elderly, and residents with disabilities.

Annual Needs Assessment
The annual “Community Needs Assessment” was conducted for 70 days from November 1, 2022, to January 11, 2023, in accordance with the City's Citizen Participation Plan (Resolution No. 2020-13). In this process, the City solicited public comments and applications from community stakeholders for potential CDBG-funded activities that would address the unmet needs of at-risk Thousand Oaks residents.

On Monday, November 7, 2022, the City held an administrative “Needs Assessment” public hearing and workshop via both online and in-person attendance. Sixteen non-profit organizations were represented. Three individuals were present in person and 14 were present via videoconferencing. Six individuals spoke during the public comment portion of the meeting or at the workshop.

At the end of the needs assessment period on January 11, 2023, the City received 11 applications, of which eight were for CDBG Public Services and three were for CDBG Community Development Projects.

CDBG Grant Review Committee
The CDBG Grant Review Committee (Committee) was composed of City staff from the City Manager’s Office, Community Development, and Finance Departments.

Prior to opening the application period, the Committee was tasked with creating the application, instructions, and evaluation guidelines, as well as reviewing and assessing each application using a criterion and scoring matrix specific to the CDBG-funded programs.

All activities were assessed to ensure applicants followed federal rules, identified a community need, and proved that the proposed activity is ready to be implemented in a timely manner. The Thousand Oaks Housing Element goals and the priority list from the 2020-2024 Ventura County Regional Specific Plan were among the resources used by the Committee.

Due to the limited amount of funding, the Committee recommended approval for organizations that provided unduplicated and essential services, addressed Item No.11B

FY 2023-24 CDBG Action Plan
April 25, 2023

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9 previously identified priority needs within the City, had strong financial management skills, and had a reasonable understanding of HUD standards. The Committee’s application recommendations to the proposed CDBG Action Plan are summarized in Attachment #1. All new application activities are expected to begin July 1, 2023.

Proposed FY 2023-24 CDBG Action Plan Activities
The City’s FY 2023-24 Action Plan proposes CDBG-funded activities for the fourth year of the 2020-2024 Ventura County Regional Consolidated Plan. The County of Ventura, as the lead agency for the HOME Consortium, will be submitting documents to HUD.

The City expects to receive $614,380.00 in CDBG funds for the FY 2023-24 Action Plan. Additionally, $92,891.86 is available for reallocation from the 2020 and 2021 CDBG closed activities. The total FY 2023-24 CDBG budget is $707,271.86, as summarized in Attachment #2.

While HUD announced the actual HUD entitlement grant amount during the preparation of the draft Action Plan, staff requests authorization for the City Manager to adjust the proposed budget should HUD’s actual CDBG entitlement grant allocations change, as it has done in previous years.

HUD, for example, cut the overall CDBG grant for 2020 by $88 and raised the total CDBG grant allocation for 2021 by $8,445. Should HUD’s authorized entitlement grant amount differ from the expected amount, City staff proposes that the City Manager be given authority to adjust the CDBG budget and execute grant agreements and related documents in connection with FY 2023-24 CDBG Action Plan accordingly.

CDBG Community Development Project Budget: $500,000
The City received three proposals totaling $500,000 for Community Development activities. All three applications were for housing rehabilitation.

With redevelopment funds no longer available, projects that rehabilitate existing multi-family and single-family affordable units are a high priority for the City. These projects are significant because they assist very low and low-income households who are at risk of becoming homeless. The recommended FY 2023-24 CDBG projects and program activities are expected to benefit approximately 102 units occupied by very low and low-income Thousand Oaks residents as described in Table 1.

Item No.11B

FY 2023-24 CDBG Action Plan
April 25, 2023

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9 Table 1: CDBG Community Development Projects
Agency Program Budget
Many Mansions Bella Vista Replace/Repair carports and
storage areas (72 affordable units) HS9260
$175,000
Habitat for
Humanity of
Ventura County
Habitat Home Repair Mobile Home Rehab
for Low-Income Owner/Occupants (10 units)
HS9261
$150,000
Senior Alliance for
Empowerment
(SAFE)
Mobile Home Rehab for Low-Income Senior
Owner/Occupants (20 units) HS9238
$175,000
Total $500,000
CDBG Public/Social Services Budget: $91,000
The City supports the local delivery of essential public and social services to persons who are homeless or at risk of homelessness, and very low-income households who are disabled or seniors. The four recommended FY 2023-24 CDBG public service activities are expected to benefit approximately 1,584 very low and low-income Thousand Oaks residents as described in Table 2.

Table 2: CDBG Public/Social Services
Agency Non-Homeless Programs Budget
Westminster
Free Clinic
Economic Response (1,000 clients) BG2026 $25,000
Conejo Valley
Senior
Concerns
Meals on Wheels (225 clients) BG9818 $25,000
Many
Mansions
Community Services (350 clients) BG9828 $21,000
Total Non-Homeless Program $71,000
Agency Homeless Program Budget
Turning Point
Foundation
Our Place Safe Haven: Emergency Shelter and
Navigation Center (9 clients) BG9835
$20,000
Total Non-Homeless and Homeless Programs $91,000
Item No.11B

FY 2023-24 CDBG Action Plan
April 25, 2023

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9 CDBG Administration Budget: $116,271.86
For FY 2023-24, the CDBG Program administration budget is expected to be $116,271.86, which is below the 20 percent maximum allowable threshold to recover a portion of CDBG costs. The administration budget includes City staff, issuance and publishing of public notices, printing, and overhead costs to ensure CDBG programs are monitored and in compliance with HUD’s regulations and requirements. Budget includes preparing for and implementing the Ventura County Regional Consolidated Plan and the Analysis of Impediment to Fair Housing Choice / Affirmatively Furthering Fair Housing. In addition, the budget includes the County of Ventura Fair Housing Program, a service provided free to all Thousand Oaks residents.

Environmental Review
The recommendations were reviewed pursuant to the California Environmental Quality Act (CEQA) and staff determined that all FY 2023-24 CDBG proposed activities are exempt from CEQA.
•The housing rehabilitation activities are exempt from CEQA pursuant to Section 15301 Existing Facilities, which consists of “the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.”
•Although Public Service Programs and CDBG Administration provide various services to people, they do not propose any physical change to the environment. Therefore, they are exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines, in that they are “covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.”
The recommendations were reviewed pursuant to the National Environmental Policy Act (NEPA) and staff determined that all FY 2023-24 CDBG proposed activities are exempt or converted to exempt.
•Housing Rehabilitation activities were reviewed under the “Categorically Excluded Subject to 58.5 Statutory Worksheets” for rehabilitation of multifamily buildings and minor rehabilitation of single-family homes. These Item No.11B

FY 2023-24 CDBG Action Plan
April 25, 2023

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9 activities are categorically excluded and subject to 24 CFR 58.35(a)(3)(ii) and converted to exempt under 24 CFR 58.34(a)(12).
•Public Service activities are “Categorically Excluded Not Subject to 58.5” and are exempt under supportive (public) service under 24 CFR 58.35(b)(2) or 24 CFR 58.34(a)(4).
•Administration is exempt from determination under 24 CFR 58.34(a)(3).

Community Outreach
During the drafting of the Action Plan, the City used the following actions to reach out to the community:
•Legal notice in the local newspaper of record, the Ventura County Star. •Prominent display ad in the Thousand Oaks Acorn, a free newspaper widely read by Thousand Oaks residents.
•City’s website on the Community Development Department page.

Notices were also provided to the local public housing authority, the Area Housing Authority of the County of Ventura, and Many Mansions for distribution to their residents.

The 2023-24 Action Plan was prepared in collaboration with public and local stakeholders. A draft copy of the Action Plan was posted to the City’s website and available at the City Hall Community Development public counter for public review for 30 days, from March 14, 2023, to April 13, 2023. All public comments received throughout the review process, including those received at tonight’s public hearing, will be incorporated into the final Action Plan document that will be presented to HUD.

An electronic copy of the proposed Action Plan is provided under a separate cover for review by City Council, and a copy is posted on the City’s website at:
http://www.toaks.org/departments/community-development/planning/phd 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.

Item No.11B

FY 2023-24 CDBG Action Plan
April 25, 2023

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

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

PREPARED BY: Lynn Oshita, Community Development Analyst Attachments:

Attachment #1 – 2023-24 CDBG Recommended Activities Summary Attachment #2 – 2023-24 CDBG Action Plan Budget
Document Provided Electronically Under Separate Cover:
#1 – 2023-24 CDBG Action Plan-
http://www.toaks.org/departments/community-
development/planning/phd
cdd:480-10\ H:\COMMON\Housing & Redevelopment\2023 CDBG\2023 COUNCIL\ACTION PLAN Item No.11B

ATTACHMENT #1
2023-24 Community Development Block Grant Recommended Activities Summary 2023-24 CDBG Budget
2023 CDBG Community Projects $ 500,000.00
2023 CDBG Public Services $ 91,000.00
2023 CDBG Administration $ 116,271.86
Total 2023-2024 CDBG $ 707,271.86
CDBG Applicant CDBG Community Projects Request CDBG Fund Many Mansions Bella Vista (Carport Roofs Repairs) $ 175,000 $ 175,000 Habitat for Humanity of
Ventura County Habitat Home Repairs $ 150,000 $ 150,000 Senior Alliance for
Empowerment (SAFE)
Mobile Home Rehabilitation
Project $ 175,000 $ 175,000
Total 2023-2024 CDBG Projects $ 500,000
CDBG Applicant CDBG Public Services Program Request CDBG Fund Westminster Free Clinic Economic Response $ 25,000 $ 25,000 Conejo Valley Senior
Concerns Meals on Wheels $ 25,000 $ 25,000
Many Mansions Community Services $ 25,000 $ 21,000
Turning Point Foundation Our Place Safe Haven: Emergency Shelter and Navigation Center $ 25,000 $ 20,000
Lutheran Social Services of
Southern CA
Drop-In Center Emergency
Assistance $ 25,000 No Funding
St. Paschal Baylon St. Vincent de Paul $ 25,000 No Funding Harbor House Rental Assistance $ 25,000 No Funding
Caregivers Volunteer Caregiving $ 21,250 No Funding
Total 2023-2024 CDBG Public Services $ 91,000
CDBG Administration CDBG Fund
Total 2023-24 CDBG Administration $ 116,271.86
Cdd:\480-70\H:\COMMON\Housing & Redevelopment\2023 CDBG\2023 CITY COUNCIL\ACTION PLAN\Prep\Attachment 1 CDBG Applications 2023.docx
Item No.11B

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ATTACHMENT #2
* Should HUD’s authorized entitlement grant amount differ from the expected amount, CDBG budget will be adjusted accordingly.

CDD\480-25\H:\COMMON\Housing & Redevelopment\2023 CDBG\2023 CITY COUNCIL\ACTION PLAN\Prep\Attachment 2 CDBG Budget 2023.docx
2023-24 CDBG ACTION PLAN BUDGET
CDBG Resources: $ 707,271.86
$ 614,380.00 2023-24 CDBG Entitlement Grant*
92,891.86 Reallocated Funds from 2019 Habitat Humanity
$ 707,271.86 Total CDBG Resources
$ 500,000.00 for Community Development Projects (~65%)
$ 91,000.00 for Public/Social Services Grants (~15%)
$ 116,271.86 for CDBG Program Administration (~20%)
A. Many Mansions – Bella Vista Apartments (HS9260) $ 175,000.00 Replace/repair carports and storage areas (72 affordable units) B. Habitat for Humanity of Ventura County – Habitat Home Repair (HS9261) $ 150,000.00 Mobile Home Rehabilitation Rehab for Low-Income Owner/Occupants (10 units) C. Senior Alliance for Empowerment (SAFE) - Home Rehabilitation (HS9262) $ 175,000.00 Mobile Home Rehabilitation Rehab for Low-Income Owner/Occupants (20 units) $58,880.36 (2020 Fund) + 34,011.50 (2021 Fund) + 82,108.14 (2023 Fund) = $175,000 D. Public and Social Services Grants – Non-Homelessness $ 71,000.00 Westminster Free Clinic, Economic Response - BG2026 (1,000 clients) $ 25,000 Senior Concerns, Meals on Wheels - BG9818 (225 clients) $ 25,000 Many Mansions, Community Services - BG9828 (350 clients) $ 21,000 D. Public and Social Services Grants – Homelessness $ 20,000.00 Turning Point Foundation. Our Place Safe Haven - BG9835 (9 clients) $ 20,000 E. CDBG Program Administration $ 116,271.86
Includes City’s Administration costs (BGADMN), County of Ventura Fair Housing Program cost (BG2024), & Ventura County Regional Consolidated Plan/Analysis of Impediment to Fair Housing Choice/Affirmatively Furthering Fair Housing (BGADMN).

TOTAL 2023 CDBG BUDGET $ 707,271.86
Item No.11B

TO:Andrew P. Powers, City Manager
FROM:Jaime Boscarino, Finance Director
DATE:April 25, 2023
SUBJECT: Proposed 2023 Citywide User Fees
RECOMMENDATION:

1. Adopt resolution approving the 2023 Citywide User Fees, Fines, Penalties, Rates, and Assessments (User Fees) including Non-Compliance Fees.

2. Adopt resolution approving Traffic Development Impact Fees.

3. Adopt resolution approving Police Facilities Development Fee.

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

FINANCIAL IMPACT:

Financial Impact to be Determined. The current financial impact of the proposed fee adjustments outlined in the Proposed 2023 User Fee Manual (provided under separate cover and available on the City’s website at www.toaks.org/userfees will be incorporated into the FYs 2023-25 Operating Budget.

BACKGROUND:

During the biennial budget process, staff reviews citywide user fees, traffic development impact fees, and the police facilities development fee to ensure fees are set appropriately to recover revenue related to the cost of City staff providing services.

The Proposed Citywide User Fees were presented to the Finance Audit Committee on March 9, 2023. On March 14, 2023, the City held a Study Session to discuss the Proposed Citywide User Fees and set the User Fees Public Hearing date for April 25, 2023.

The Study Session staff report is provided as Attachment #1. The report discussed City Council’s Full-Cost Recovery Policy, compliance with state law, City Council Item No.11C

Proposed 2023 Citywide User Fees
April 25, 2023

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exceptions to full-cost recovery, user fees by department, traffic development impact fees, and police facilities development fee information.

DISCUSSION/ANALYSIS:

Public Hearing: The Proposed Citywide User Fees were publicly noticed twice (seven and 14 days prior to the date of the Public Hearing) and, if adopted, will take effect on July 1, 2023. These fees will be in effect until they are reviewed and adjusted by City Council during the next budget cycle, and would take effect on July 1, 2025, if adopted.

User Fee Manual: The Proposed Citywide User Fee Manual is comprised of the following six sections:

1. The first section contains the detail sheet for each fee.

2. The second section is a comparison of the 2023 User Fees provided to City Council at the Study Session on March 14, 2023, listed as “Proposed Fee” along with the Approved 2023 User Fees, listed as “Approved Fee.”

3. The third section is the list of City Council Exceptions. In prior reviews of the City's User Fees, City Council determined certain fees would be priced below "Full- Cost Recovery." These fees are primarily paid by existing homeowners.

4. The fourth section contains a list of selected Engineering, Planning, and Building Fees that will be charged when an applicant engages in work without City-required permits or approvals.

5. The fifth section contains the Proposed Traffic Development Impact Fees.

6. The sixth section contains the applicable User Fee Resolutions referenced within the User Fee Manual, including the Police Facilities Development Fee.

Revised Fees since Study Session: The following fees have been revised since the Proposed User Fees were presented at the March 14, 2023, Study Session:

CDD – Building Division Fee B-11:

Residential Resale Code Compliance (B-11) has been eliminated since City Council repealed Chapter 12 of Title 8 of the Municipal Code requiring residential sellers to provide the buyer with a report of residential building records for the property. As the City transitions to reliance on its new Land Management System, this information can be obtained online by the parties, which will eliminate the process of staff generating the report and passing on the cost.

Item No.11C

Proposed 2023 Citywide User Fees
April 25, 2023

Page 3 ends

Cultural Affairs Fee CA-22:

Labor Technical Services (CA-22, pg. 155) has three sub-fees that were increased after staff review while obtaining comparable fees from other theatres. The user fee was increased as follows: Stage Supervisor, from $72 to $73; Head Carpenter, Head Electrician, and Head Audio, from $68 to $69; and COVID-19 Compliance Officer, from $72 to $73.

Law Enforcement Fee LE-05:

Administrative Fee for Towing of Certain Vehicles (LE-05, pg. 202) has been revised due to Ventura County’s increase in tow fees from $200 to $210. The City was notified of the increase in March 2023.

Public Works Fee PW-25:

Appeal of Administrative or Traffic and Transportation Commission Decision (PW- 25, pg. 240) has one sub-fee that was reduced per the Finance/Audit Committee recommendation on March 9, 2023, and City Council recommended motion approved 4-1 at the March 14, 2023, Study Session. The Appeal of Administrative Decision to the City Council was reduced from $400 to $250.

Adoption and Implementation: Presented to City Council are the following resolutions:

1. Resolution to adopt the User Fees as contained in the FY 2023 User Fee Manual, which includes Non-Compliance Fees (Attachment #2).

2. Resolution to adopt the adjustment to current rates for Traffic Development Impact Fees (Attachment #3).

3. Resolution to adopt the adjustment to current rates on the Police Facilities Development Fee (Attachment #4).

In summary, City Council’s policy is to adjust fees biennially with the goal of achieving “Full-Cost Recovery.” The cost of providing these services includes the cost of personnel, materials, and overhead. If a fee does not cover the cost of providing the service, it is subsidized by tax revenues, which reduces revenues available for other City provided services, such as public safety and street maintenance.

The City has a long-standing commitment to fiscal sustainability. A core tenet of long-term fiscal sustainability is ensuring fee revenue covers the cost of City- provided services to a private individual, business, or group. Those user fees that are below full-cost recovery will continue to be reviewed and adjusted through the biennial budget process, with staff’s goal to increase fees towards full cost recovery, where applicable.

Item No.11C

Proposed 2023 Citywide User Fees
April 25, 2023

Page 4 ends

With City Council adoption of the recommended resolutions, the fees will be effective July 1, 2023.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goal:

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

PREPARED BY: Brent Sakaida, Budget Officer
Ryan Roman, Sr. Financial Analyst
Attachments:

Attachment #1 – March 14, 2023, User Fee Study Session Staff Report Attachment #2 – Resolution 2023 User Fees w/ Non-Compliance Fees Attachment #3 – Resolution 2023 Traffic Development Impact Fees Attachment #4 – Resolution 2023 Police Facilities Development Fee FIN:390-10\bs\H:\COMMON\Council\2023\Administration\042523 User Fees Staff Report.docx Item No.11C

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To the Public Hearing Staff Report dated 4/25/23
Item No.11C

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Item No.11C

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Item No.11C

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ATTACHMENT #2
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF THOUSAND OAKS APPROVING AND
ADOPTING THE 2023 USER FEES, FINES,

PENALTIES, RATES, AND ASSESSMENTS, WHICH

INCLUDES NON-COMPLIANCE FEES
WHEREAS, the City of Thousand Oaks Municipal Code authorizes the imposition of various user fees for providing City services and reviewing entitlement applications and fines/penalties for violations of the Thousand Oaks Municipal Code; and
WHEREAS, the City Council has caused a Public Hearing Notice to be published as required by Government Code Section 66016; and the data supporting the various user fees, fines, penalties, rates, and assessments (attached hereto as Exhibit A and Exhibit B) was made available for public review at least 10 days prior to the noticed Public Meeting; and WHEREAS, the Resolution that established these Fees allow for the biennial adjustment of selected fees due to increased costs of providing the service based on the U.S. Bureau of Labor, Consumer Price Index, Los Angeles – Long Beach – Anaheim areas Cost Index, Los Angeles. That index indicates a 11.82 percent increase in costs since the selected Fees were last adjusted; and WHEREAS, the City Council conducted the Public Meeting/Study Session on the draft User Fees, Fines, Penalties, Rates, and Assessments on March 14, 2023, wherein the City Council considered the study supporting the setting of the fees as well as other evidence; and
WHEREAS, the City Council, on April 25, 2023, conducted a Public Hearing on the proposed User Fees, Fines, Penalties, Rates, and Assessments.

NOW, THEREFORE, the City Council of the City of Thousand Oaks resolves as follows:

Section 1. The User Fees, Fines, Penalties, Rates, and Assessments set forth in the User Fee Summary, attached hereto as Exhibit A and incorporated herein by reference, are hereby adopted and are effective on July 1, 2023.

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Section 2. The Engineering and Planning entitlement/permit fees related to “Activities Commenced Prior to City Approval,” attached hereto as Exhibit B and incorporated herein by reference, are hereby adopted and are effective on July 1, 2023.

Section 3. This Resolution shall be known as the Master Fee Resolution.

PASSED AND ADOPTED this 25th day of April, 2023, by the following vote:

Ayes:

Noes:

Absent:

Kevin McNamee, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:

Laura B. Maguire, City Clerk
Date Attested: ___________________
APPROVED AS TO FORM:

Office of the City Attorney
Tracy Friedl, Assistant City Attorney
APPROVED AS TO ADMINISTRATION:

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

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ATTACHMENT #3
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF THOUSAND OAKS INCREASING

TRAFFIC DEVELOPMENT IMPACT FEES BY

THE CONSTRUCTION COST INDEX
WHEREAS, various Traffic Development Impact Fees (“Impact Fees”) were previously established and amended by various City Council Resolutions, as listed in Exhibit A attached hereto; and
WHEREAS, these Impact Fees are imposed on land development projects for the purpose of each development paying its fair share of road improvements, and have been collected from property owners for development of their real property; and
WHEREAS, the legal basis for the imposition of these Impact Fees is, inter alia, article XI, § 7, of the California Constitution (general police powers); section 66410, et al., of the California Government Code (the Subdivision Map Act); and the Thousand Oaks Municipal Code at Article 15 of Chapter 3 of Title 9, and Article 1 of Chapter 1 of Title 7; and
WHEREAS, the Resolutions that established these Impact Fees allow for biennial adjustment of the fees due to increased costs of construction and based on the Construction Cost Index, Los Angeles. That index indicates a 23.92 percent increase in costs since the Impact Fees were last adjusted; and WHEREAS, the Impact Fees were last adjusted in 2021; and WHEREAS, consistent with Government Code Section 66000, et seq., the City prepared and the City Council adopted the analysis, findings and reports establishing the nexus for each of the Impact Fees when each was established, and included as a part of each Resolution the fair share, allocation, and nexus or reasonable relationship between development and impacts associated with the development as follows:
(1) Each fee's use and the type of land development project for which each fee is imposed; and
(2) The need for the public facility and the type of land development on which each fee is imposed; and
WHEREAS, the City Council has caused a Public Hearing Notice to be published as required by Government Code Section 66016; has caused the Item No.11C

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attached exhibit to be available for public review at least 10 days prior to the Public Meeting; has conducted a Public Meeting concerning this action on March 14, 2023; and has conducted a Public Hearing concerning this action on April 25, 2023.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Thousand Oaks that the Traffic Development Impact Fees be increased by a 23.92 percent cost index as set forth in the attached Exhibit A.

BE IT FURTHER RESOLVED that all other provisions of the Resolutions listed in Exhibit 1 that established the Impact Fees are incorporated herein as if set forth in full and shall remain in full force and effect.

PASSED AND ADOPTED this 25th day of April, 2023, by the following vote:

Ayes:

Noes:

Absent:

Kevin McNamee, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:

Laura B. Maguire, City Clerk
Date Attested: ____________________
APPROVED AS TO FORM:

Office of the City Attorney
Tracy Friedl, Assistant City Attorney
APPROVED AS TO ADMINISTRATION:

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ATTACHMENT #4
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF THOUSAND OAKS APPROVING AND
ADOPTING THE 2023 POLICE FACILITIES

DEVELOPMENT FEE
WHEREAS, the Police Facilities Development Fee (“Fee”) was originally adopted by the City Council on February 14, 1984 (reference Ordinance 852-NS and Resolution 84-040); and
WHEREAS, the Fee is imposed on new development for the purpose of each development paying a fair share of the construction, financing, and improvement costs associated with the East Valley Law Enforcement Facility; and WHEREAS, the City Council readopted and increased the amount of the Fee on June, 17, 1997 and established that the Fee shall be adjusted annually thereafter by the percentage amount the City receives on its invested funds (reference Resolution 97-115); and
WHEREAS, the City Council thereafter adopted periodic increases to the amount of the Fee (reference Resolution 2001-72, adopted May 22, 2001; Resolution 2003-42, adopted April 15, 2003; Resolution 2005-063, adopted April 19, 2005; Resolution 2007-052, adopted April 24, 2007; Resolution 2009-033, adopted April 21, 2009; Resolution 2011-016, adopted April 26, 2011; Resolution 2013-029, adopted April 23, 2013; Resolution 2015-021, adopted April 28, 2015; Resolution 2017-015, adopted April 26, 2017; Resolution 2019-010, adopted April 23, 2019); Resolution 2021-013, April 27, 2021; and
WHEREAS, the City Council has not increased the Fee since 2021; and WHEREAS, based on the adjustment factor contained in Resolution 97- 115, the Fee shall be adjusted by 1.47 percent; and
WHEREAS, the City Council caused a Public Hearing Notice to be published as required by Government Code Section 66016; conducted a Public Meeting on March 14, 2023 and a Public Hearing on April 25, 2023.

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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Thousand Oaks as follows:

Section 1. The Police Facilities Development Fee is adopted as follows:
a. Single-Family Residential $474.47.60 per unit
b. Multi-Family Residential $232.46 per unit
c. Non-Residential $0.23 per square foot
Section 2. The Fee is effective July 1, 2023.

Section 3. All other provisions of Resolution 97-115 are to remain in effect.

PASSED AND ADOPTED this 25th day of April, 2023, by the following vote:

Ayes:

Noes:

Absent:

Kevin McNamee, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:

Laura B. Maguire, City Clerk
Date Attested: _____________________
APPROVED AS TO FORM:

Office of the City Attorney
Tracy Friedl, Assistant City Attorney
APPROVED AS TO ADMINISTRATION:

Item No.11C

TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:April 25, 2023
SUBJECT: Lynn Road CI 5660 and Hillcrest Drive CI 5682 Bike Lanes and Pedestrian Improvements
RECOMMENDATION:

1. Adopt resolution approving Cooperative Agreement No. 07-5302 with the State of California Department of Transportation (Caltrans) for the Lynn Road Bike Lanes and Pedestrian Improvements Project (CI 5660).

2. Adopt resolution authorizing staff to file a claim with the Ventura County Transportation Commission (VCTC) for FY 2022-23 Transportation Development Act (TDA) Article 3 bicycle/pedestrian funds in the amount of $175,000.

3. Authorize acceptance of the following grants: Congestion Mitigation and Air Quality (CMAQ) Grant in the amount of $2,511,595 from the Federal Highway Administration, Active Transportation Program (ATP) Cycle 6 Grant in the amount of $2,602,000 from the California Department of Transportation (Caltrans), and Transportation Development Act (TDA) Article 3 Bicycle and Pedestrian Grant in the amount of $175,000 from the Ventura County Transportation Commission (VCTC) for the Lynn Road Bike Lanes and Pedestrian Improvements Project (CI 5660).

4. Authorize acceptance of the following grants: CMAQ Grant in the amount of $433,797 from the Federal Highway Administration, and ATP cycle 6 Grant in the amount of $2,350,000 from Caltrans for the Hillcrest Drive Bike Lanes and Pedestrian Improvements Project (CI 5682).

5. Approve budget appropriation in the amount of $5,288,595; $2,511,595 from A/C #183-0000-438-4200 (Federal Grants/Other) to A/C #183-5310-631-8300 (CI 5660, Lynn Road Bike Lanes and Pedestrian Improvements), $2,602,000 from A/C #183-0000-435-9900 (Other Revenue from State/Other Reimbursements) to A/C #183-5310-631-8300 (CI 5660, Lynn Road Bike Lanes and Pedestrian Improvements), and $175,000 from A/C #136-0000-433-0000 (Intergovernmental Revenue/Gas Tax) to A/C #136-5310-631-8300 (CI 5660, Lynn Road Bike Lanes and Pedestrian Improvements).

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9 6. Approve budget appropriation in the amount of $2,783,797; $433,797 from A/C #183-0000-438-4200 (Federal Grants/Other) to A/C #183-5310-631-8300 (CI 5682, Hillcrest Drive Bike Lanes and Pedestrian Improvements) and $2,350,000 from A/C #183-0000-435-9900 (Other Revenue from State/Other Reimbursements) to A/C #183-5310-631-8300 (CI 5682, Hillcrest Drive Bike Lanes and Pedestrian Improvements).

7. Authorize expenditures in the amount of $150,000 from A/C #136-5310-631- 8300 (CI 5660, Lynn Road Bike Lanes and Pedestrian Improvements) to Caltrans for Cooperative Agreement support cost to provide oversight of the Project Initiation Document for the Lynn Road Bike Lanes and Pedestrian Improvements (CI 5660).

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

FINANCIAL IMPACT:
$8,072,392 Increase to the FY 2022-23 Capital Budget Fully Offset by Grant Revenue. Increase of $5,288,595 to the Adopted FY 2022-23 Grant Fund and Bicycle/Pedestrian Fund Capital Budget for the Lynn Road Improvements Project (CI 5660) including $2,511,595 from CMAQ Grant, $2,602,000 from ATP cycle 6 Grant, and $175,000 from TDA Article 3. Increase of $2,783,797 to the Adopted FY 2022-23 Grant Fund Capital Budget for the Hillcrest Drive Improvements Project (CI 5682) including $433,797 from CMAQ Grant and $2,350,000 from ATP cycle 6 Grant.

Estimated total project cost of Lynn Road Improvements (CI 5660) and Hillcrest Drive Improvements (CI 5680) are $9,768,184 and $2,890,000, respectively, which will be reflected in the upcoming biennial capital budget.

BACKGROUND:

The City has an ongoing program to improve mobility for pedestrians and bicyclists throughout the community. City Council adopted the City’s ATP Plan on December 10, 2019, which identifies and prioritizes bicycle and pedestrian improvements citywide based on several factors including pedestrian traffic volumes, proximity to schools, and road classifications.

In addition, City Council adopted a Local Road Safety Plan (LRSP) on August 31, 2021. The LRSP is a comprehensive traffic safety plan performed by an independent professional traffic engineering firm, which analyzed existing collision data, assessed infrastructure deficiencies, and identified roadway safety solutions citywide. This plan provided the City with a framework to systematically analyze Item No.13A

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9 and identify traffic safety concerns. Included in the plan were recommendations for safety improvements throughout the City’s street network, using a data-driven evaluation that focused on causal factors rather than collisions, enabling the City to assess risks before a collision occurs.

Several pieces of state legislation continue to elevate the support for increased bicycling and walking in the State of California. These are aimed to address greenhouse gas reduction (AB 32, SB 375), social justice by providing accommodation of all users of the roadway (AB 1358), and code amendments relating to bikeways (AB 1193).

On July 20, 2022, and February 15, 2023, staff provided informational status reports to the Traffic and Transportation Advisory Commission that the City submitted grant applications for ATP Cycle 6 Grant funding and CMAQ Grant funding for the Lynn Road and Hillcrest Drive Bike Lanes and Pedestrian Improvements Projects. The City has subsequently received Federal grant funding approvals for both projects to improve bicycle and pedestrian safety on both roadways and to increase and promote the use of active modes of transportation such as biking and walking.

On December 2, 2022, and February 3, 2023, VCTC approved $5,288,595 grant funding for the Lynn Road Improvements (CI 5660) including $2,511,595 CMAQ Grant, $2,602,000 ATP Cycle 6 Grant, and $175,000 TDA Article 3 (FY 2022-23); and also $2,783,797 for the Hillcrest Drive Improvements (CI 5682) including $433,797 CMAQ Grant and $2,350,000 ATP Cycle 6 Grant.

The projects will install new Class IV protected bike lanes and pedestrian improvements on Lynn Road between Gainsborough Road and South Reino Road (Attachment #1) and on Hillcrest Drive between Lynn Road and Moorpark Road (Attachment #2), which are two of the top priority locations on the City’s ATP and LSRP plans.

DISCUSSION/ANALYSIS:

Hillcrest Drive – Proposed Improvements
Hillcrest Drive is a 7.5-mile-long arterial road that runs east/west and connects N. Westlake Boulevard in Westlake to Teller Road in Newbury Park. The road is currently striped as a one or two-lane roadway in each direction for most of its length except between Moorpark Road to Lynn Road. The 1.25-mile portion of Hillcrest Drive from Moorpark Road to Lynn Road is a six-lane divided arterial roadway with a raised center median without bike lanes and a posted speed limit of 45 mph. This segment of Hillcrest Drive has a roadway vehicle capacity of 55,300 vehicles/day (VPD); however, it only has a current average daily traffic volume of 19,000 VPD.

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9 Identified improvements along Hillcrest Drive include converting travel lane #3 (outside lane) in each direction to a Class IV bike lane from Moorpark Road to Lynn Road, and the installation of an incomplete sidewalk segment from McCloud Avenue to Lynn Road on the north side of the street (Attachment #3). The conversion of the #3 travel lane into Class IV (protected) bike lanes along this portion of Hillcrest Drive is feasible due to excess vehicle capacity for the volume of vehicles served. The conversion of one travel lane to Class IV bike lane in each direction results in a remaining roadway capacity of 36,800 VPD, which is more than ample to serve existing and future traffic volume projections.

These improvements will also offer greater protection to bicyclists along the road, along which there have been several collisions over the years. Total project estimated cost is $2,890,000.

Hillcrest Drive Improvements Preliminary Cost Summary

Fund
001
Fund
183
Total Project
Cost
Preliminary Design/Env. $17,205 $132,795 $150,000
Right -of- Way Acquisition $50,000 $0 $50,000
Design and Environmental $38,998 $301,002 $340,000
Construction Contract $0 $2,350,000 $2,350,000
Total Costs $106,203 $2,783,797 $2,890,000
Hillcrest Drive Improvements Preliminary Schedule
Lynn Road – Proposed Improvements
Lynn Road is a 14-mile-long arterial road that runs primarily in a north/south orientation and connects the northeast and southwest corners of the City. For its entirety, Lynn Road is currently striped with standard Class II or Class II buffered bike lanes except between Gainsborough Road and US 101/Lynn Road overcrossing (southbound ramps). The section of Lynn Road from Gainsborough City Council Grant Acceptance
Design Phase - Federal Fund Authorization
Spring 2023
Summer 2023
Design Services Award Consultant Agreement Fall 2023
Environmental Document and Public Outreach Spring 2024
Traffic Commission (Design Review) Spring 2024
City Council (Design Review) Spring 2024
Design Completion Fall 2024
Construction Phase Federal Fund Authorization Winter 2024 City Council; Bid Process & Award Spring 2025
Construction Summer 2025 - Spring 2026
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9 Road to South Reino Road stretches across the 101 Freeway, and is a 4.6-mile segment which is a four-lane divided roadway with a raised center median and posted speed limits of 45 mph to 50 mph. This major arterial roadway has segments exceeding 22,000 daily trips. The LSRP recommends installing bicycle infrastructure improvements across the US 101/Lynn Road overcrossing to minimize the conflicts between bicyclists and vehicles, improve safety, and provide the existing bicycle infrastructure connectivity.

Within the Caltrans right-of-way at US 101/Lynn Road overcrossing, the proposed improvements include roadway restriping to accommodate Class IV bike lanes, replacement of the existing barrier on the west side of the bridge with a current standard barrier, installation of new fencing with LED lighting on both sides of the bridge, conversion of northbound Lynn Road travel lane #3 (outside lane) to a new Class IV bike lane (reducing travel lanes to two lanes), and installation of Rectangular Rapid Flashing Beacons (RRFB’s) with advanced blinking LED signs at uncontrolled crossings (Attachment #4).

Within the City’s right-of-way, the project will feature the conversion of the existing Class II buffered bike lanes between South Reino Road and US 101/Lynn Road into Class IV bike lanes, conversion of the existing equestrian trail from Hillcrest Drive to US 101 northbound on-ramp into a Class IV bike lane, installation of high visibility bike striping and crosswalks, and installation of incomplete segments of sidewalks on Lynn Road within the project limits, which are currently not grant funded. On northbound Lynn Road between Hillcrest Drive and Gainsborough Road, improvements would include the conversion of existing Class II bike lanes to Class IV bike lanes (in the northbound direction), installation of a new pedestrian signal and crosswalk at the southern edge of Hillcrest Drive and Lynn Road intersection, and installation of pedestrian ADA curb ramps. The proposed improvements, including the number of travel lanes and the type of bike lanes, will be consistent throughout the project limits. The project is estimated to cost $9,768,184.

As part of the Caltrans project oversight and approval process for the proposed improvements within their right-of-way, Caltrans requires an initial Cooperative Agreement for the Project Initiation Document (PID) phase of the project for reviewing and approving a Project Study Report – Project Development Support (PSE-PDS) document. This document consists of extensive studies including a detailed traffic study to properly assess the impact of the overcrossing modifications. The City plans to use the TDA/Article 3 claim to compensate Caltrans’ support cost for review and approval of the PID document.

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9 Lynn Road Improvements Preliminary Cost Summary
Fund
001
Fund
136
Fund
183
Total Project
Cost
Preliminary
Design/Env.
$33,600 $175,000 $246,000 $454,600
Right of Way
Acquisition
$50,000 $0 $0 $50,000
Design and
Environmental
$409,881 $0 $475,200 $885,081
Construction
Contract
$1,986,108 $0 $6,392,395* $8,378,503
Total Costs $2,479,589 $175,000 $7,113,595 $9,768,184
*The City will need to secure an additional $2M future grant to fund the construction of incomplete sidewalk segments on Lynn Road.

Lynn Road Improvement Preliminary Schedule

1. Caltrans Cooperative Agreement
& City Council Grant Acceptance Spring 2023

2. Design Phase Federal Fund Authorization Summer 2023

3. Design Services Award Fall 2023

4. Caltrans Project Study Report & Public Outreach Spring 2024

5. Project Report/Environmental Document Spring 2025

6. Traffic Commission (Design Review) Spring 2025

7. City Council (Design Review) Spring 2025

8. Final Design and Caltrans Encroachment Permit Spring 2026

9. Right -of- Way Phase - Caltrans Approval Spring 2026

10. Construction Phase - Federal Fund Authorization Summer 2026

11. City Council (Bid Process & Award) Fall 2026

12. Construction Fall 2026 - Spring 2028
Staff recommends adoption of the resolution approving the Cooperative Agreement with Caltrans (Attachment #5), execution of the Cooperative Agreement (Attachment #6), and adoption of the resolution authorizing staff to file a claim with VCTC for FY 2022-23 TDA Article 3 bicycle/pedestrian funds in the amount of $175,000 (Attachment #7).

This action is not a project as defined under the California Environmental Quality Act because this action will not result in a direct or foreseeable indirect physical change in the environment. The environmental analysis for both projects will be performed during the design and engineering process.

Community Outreach:

A 2021 public outreach effort was conducted by the City regarding the potential reduction of lanes on Hillcrest Drive from six to four and adding a buffered bike lane. The community outreach plan for Hillcrest Drive was reviewed by the Traffic Item No.13A

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9 Commission at their July 21, 2021, meeting. Additional Public outreach efforts completed in 2021 to receive public input on the proposal to reduce the number of travel lanes on Hillcrest Drive included direct communication with Home Owner Associations, social media postings, a dedicated page on the City website, focused mailer notifications to adjacent residents, press releases, portable message board signs, and virtual Public Meetings.

Additional community outreach efforts will be conducted for both Lynn Road and Hillcrest Drive projects during the forthcoming project design process. The February 15, 2023, Traffic Commission meeting was the first step of an extensive public outreach for these two arterial streets and an opportunity for the public to provide comments. Staff will also provide more information on the project at an upcoming City Council meeting at the time of awarding a consultant agreement for the design and engineering services for both projects. That City Council meeting will offer interested members of the public another opportunity to provide feedback to the City on the proposed pedestrian and bicycle enhancements. Upon the completion of the community outreach, traffic studies, and environmental review, the preliminary project design concepts will be brought back to the Traffic Commission for additional review in advance of the project construction phase.

These projects meet City Council’s Top Ten Priorities #5, “Public Safety” and #9, “Public Works Infrastructure Investments”.

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

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

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

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9 PREPARED BY: Masoud Razavi, Engineering Associate
Attachments:

Attachment #1 – Lynn Road Vicinity and Location Map
Attachment #2 – Hillcrest Drive Vicinity and Location Map Attachment #3 – Hillcrest Drive Concept Plans
Attachment #4 – Lynn Road Concept Plans
Attachment #5 – Caltrans Cooperative Agreement Resolution Attachment #6 – Caltrans Cooperative Agreement
Attachment #7 – TDA Article 3 Claim Resolution
DPW: 850-20\ev\Council\2023\042523\CI5660\CI5682\Lynn Rd and Hillcrest Dr Bike Lane Improvements staff report.docx Item No.13A

LYNN ROAD CLASS IV BIKE LANE AND PEDESTRIAN IMPROVEMENTS

LOCATION MAP
Ranc
ho
ConejoBlvd
LynnRd
S V
entu
Pa
rkRd
N
Lynn
RdCamino Dos RiosNVentu P arkRd
N
Reino Rd
Old Conejo Rd
Wendy Dr
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Borchard Rd
W Lynn Rd
W Hillcrest Dr101 FRWY
0 2 1
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VICINITY MAP
Attachment #1
ATTACHMENT #1
DPW: 850-20\ev\Council\2023\042523\CI5660\CI5682\Lynn Rd and Hillcrest Dr Bike Lane Improvements Att 1.pdf Item No.13A

±LOCATION MAP
Lynn Rd
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ynnRd
N Moorpark Rd
W W
ilbur Rd
W Hillcrest Dr
101 FRWY
0 2 1
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0 1,000500
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VICINITY MAP
HILLCREST DRIVE CLASS IV BIKE LANE AND PEDESTRIAN IMPROVEMENTS (CI 5682) ATTACHMENT #2
DPW: 850-20\ev\Council\2023\042523\CI5660\CI5682\Lynn Rd and Hillcrest Dr Bike Lane Improvements Att 2.pdf Item No.13A

ATTACHMENT #3
DPW: 850-20\ev\Council\2023\042523\CI5660\CI5682\Lynn Rd and Hillcrest Dr Bike Lane Improvements Att 3.pdf Item No.13A

ATTACHMENT #4
Lynn Rd. Concept Plans

PROJECT

LOCATION

PUBLIC WORKS DEPARTMENT

PUBLIC UTILITIES WITHIN CITY OF THOUSAND OAKS
2 WATER: CABLE TV:

CITY OF THOUSAND OAKS SPECTRUM
2100 EAST THOUSAND OAKS BOULEVARD
THOUSAND OAKS, CA 91362

RICK BRATCHER
2525 KNOLL DRIVE
VENTURA, CA 93003

PATRICIA ROBERTSON
805-732-8160805-449-5032

LYNN ROAD CLASS IV BIKE LANES AND

PEDESTRIAN IMPROVEMENTS

CALIFORNIA AMERICAN WATER COMPANY
2439 W. HILLCREST DRIVE
NEWBURY PARK, CA 91320

THOMAS BOYLE

FRONTIER

JON TRELATSKY
201 FLYNN ROAD
CAMARILLO, CA 93012
805-388-2266805-498-1266, EXT. 2802
WASTEWATER: ELECTRICITY:

CITY OF THOUSAND OAKS
2100 EAST THOUSAND OAKS BOULEVARD
THOUSAND OAKS, CA 91362

JOHN NELSON

SOUTHERN CALIFORNIA EDISON COMPANY
3589 FOOTHILL DRIVE
THOUSAND OAKS, CA 91361

BOB MIGLIORE
805-494-7013805-449-5033

CITY COUNCIL
~
GAS:

SOUTHERN CALIFORNIA GAS COMPANY
9400 OAKDALE AVENUE KEVIN MCNAMEE, MAYOR
CHATSWORK, CA 91311

WHUEY WEN HARTMAN
805-358-1596 AL ADAM

DAVID NEWMAN

BOB ENGLER
TELEPHONE: MIKEY TAYLOR

FRONTIER
201 FLYNN ROAD
CAMARILLO, CA 93010

THOMAS PEARSON
805-445-9116

CITY MANAGER
ANDREW P. POWERS

PUBLIC WORKS DIRECTOR
CLIFFORD G. FINLEY
NOTICE TO CONTRACTOR:

CONTRACTOR SHALL POSSES A VALID CLASS "A" GENERAL

ENGINEERING LICENSE
NOTICE TO CONTRACTOR:

CITY ENGINEER

NADER HEYDARI

IT SHALL BE THE SOLE RESPONSIBILITY OF THE CONTRACTOR TO CALL THE

USA UNDERGROUND ALERT FOR LOCATION OF EXISTING UNDERGROUND

UTILITIES NO LESS THAN TWO DAYS NOR MORE THAN SEVEN DAYS PRIOR TO CONSTRUCTION.
811

THE CONTRACTOR SHALL ASSUME SOLE RESPONSIBILITY FOR ANY

DAMAGE DONE TO EXISTING UTILITIES DURING CONSTRUCTION

LYNN ROAD CLASS IV BIKE LANES AND

PEDESTRIAN IMPROVEMENTS
'3:ꢀꢁꢂꢃꢄꢅꢆꢄ?HY?&RXQFLO?ꢆꢄꢆꢇ?ꢄꢈꢆꢃꢆꢇ?&,ꢃꢉꢉꢄ?&,ꢃꢉꢂꢆ?/\QQꢁ5GꢁDQGꢁ+LOOFUHVWꢁ'Uꢁ%LNHꢁ/DQHꢁ,PSURYHPHQWVꢁ$WWꢈꢊSGIꢀ Item No.13A

Lynn Rd. Improvements - Gainsborough Rd. to Hillcrest Dr.

LYNN RD.

Convert Buffered Bike Lane
to Class IV Bike Lane
Convert Buffered Bike Lane
to Class IV Bike Lane
Example of Class IV Bike Lane
Item No.13A

Lynn Rd. Improvements - Hillcrest Dr. to US101 NB Ramp
Existing Equestrian
Trail - Convert to
Class IV Bike Lane Install Pedestrian
Signal and Crosswalk
LYNN RD.

Remove Northbound
Lane #3, Install Class IV
Bike Lane per Section
A-A
Flexible Bike Posts
20' O.C.

Install High Visibility
Bike Striping Install Marked Crosswalk with
Sharks' Teeth Yield Line and
RRFB
Lynn Rd Right
of Way ETW Lynn Rd ETW

ETW ETW
NB
Lane
NB
Lane
NB
Lane
SB
Lane
SB
Lane
SB
Lane
Equestrian
Trail NB
Lane
SB
Lane
SB
Lane
SB
Lane
NB
Lane
Class IV
Bike Lane3 2 1 1 2 3 Class IV
Bike Lane 1 1 2 32
11' 11' 13' 8' 5' 11' 11' 13' 3' 7'13' 12'
37'
12' 12'
37'
12'
16' 45' 16' 45'
Roadway Cross Section
Existing
Roadway Cross Section
Proposed

SECTION A-A
Item No.13A

Lynn Rd. Improvements - Lynn Rd./US101 Overpass
Replace existing barrier
and install new barrier
with fencing with LED
light Fixtures
Flexible
Bike Posts
20' O.C.

Install Class IV Bike
Lane per Sections B-BConvert Northbound
Travel Lane #3, to
Class IV Bike Lane
per Section B-B
Install Bike
Push Button Existing Equestrian
Trail - Convert to
Class IV Bike LaneReplace Fencing with
LED Light Fixture
Install High Visibility
Bike Striping
Reduce Right Turn
Radius with Striping
and Channelizers
Lynn Rd @ SR101 Lynn Rd @ SR101 ETWETW ETW ETW
Bridge Bridge
Barrier
Railing
Bridge Bridge
Barrier &
Fencing
Barrier & & Barrier &
Fencing Fencing
NB
Lane
NB
Lane
NB
Lane NB
Turn Lane
SB
Lane
SB
Lane 2
Class IV
Bike Lane
NB
Lane
NB
Lane NB
Turn Lane
SB
Lane
SB
Lane
Class IV
Bike LanePed
walkway 3 2 1 2 1 1 21
13' 13' 13' 11' 14' 20' 8' 4' 8' 5' 13' 12' 12' 12' 12' 34'
3' 7'
8' 4'
50' 5' 34' 50' 5'
Roadway Cross Section
Existing Roadway Cross Section
ProposedSECTION B-B
Item No.13A

Lynn Rd. Improvements - US101 SB Ramps
Install Class IV Bike
Lane per Sections
Below
Restripe Roadway
per Section C-C
Install High Visibility
Bike Striping
Reconstruct
Curb Ramps
Flexible Bike Posts
20' O.C.Convert Northbound
Travel Lane #3, to
Class IV Bike Lane
per Section B-B
Do not show less
than 11' wide lane in
Caltrans R/W
Lynn Rd. Lynn Rd.

ETW ETW

ETW ETW
Bike
Lane
NB
Lane
NB
Lane
SB
Lane
SB
Lane
Bike
Lane2 1 1 2
Ped
walkway Bike
Lane
NB
Lane
NB
Lane
Center
Median
SB
Lane
12'
SB
Lane
Bike
Lane
Ped
walkway2 1 1 2
8' 4' 6' 16' 12' 16' 6' 8' 4' 7' 5' 11'
34'
11' 12' 12' 3' 7'
34' 16'
84'
34' 16'
84'
34'
Roadway Cross Section
Existing
Roadway Cross Section
Proposed

SECTION C-C
Item No.13A

Lynn Rd. Improvements - US101 SB Ramps
Install High Visibility
Bike Striping
Install Class IV Bike
Lane per
Cross-Section D-D
Install Marked Crosswalk with
Sharks' Teeth Yield Line and
RRFB
Restripe to Class IV Bike
Lane per Section D-D
Lynn Rd. Lynn Rd.

ETW ETW

ETW ETW
Bike
Lane
NB
Lane
NB
Lane
SB
Lane
SB
Lane
Bike
Lane2 1 1 2
Ped
walkway
Bike
Lane
NB
Lane
NB
Lane
Center
Median
SB
Lane
12'
SB
Lane
Bike
Lane
Ped
walkway2 1 1 2
8' 4' 6' 16' 12' 16' 6' 8' 4' 7' 5' 11'
34'
11' 12' 12' 3' 7'
34' 16'
84'
34' 16'
84'
34'
Roadway Cross Section
Existing
Roadway Cross Section
Proposed

SECTION D-D
Item No.13A

Lynn Rd. Bike Lane Improvements - US101 SB Ramp to S. Reino Rd.

Convert Buffered Bike Lane
to Class IV Bike Lane
Example of Class IV Bike Lane
Convert Buffered Bike Lane
to Class IV Bike Lane
Convert Buffered Bike Lane
to Class IV Bike Lane
Install Rectangular Rapid
Flashing Beacon (RRFB)
Install Marked Crosswalk with RRFB
and Shark Teeth Yield Line

CITY OF THOUSAND OAKS

DATE PREPARED BY CITY OF THOUSAND OAKS

DESIGNED
DATE
REVIEWED BY:

PROJECT ENGINEER DATE
DATE

LYNN ROAD CLASS IV BIKE LANES AND

PEDESTRIAN IMPROVEMENTS
REVIEWED BY:

DRAFTED BY
DATE

ENGINEERING DIVISION MANAGER
APPROVED BY:

NADER HEYDARI, CITY ENGINEERREGISTERED ENGINEER DATE DATE CITY OF THOUSAND OAKS DWG. __ 4 REV. SYMBOL DESCRIPTION OF CHANGE R.C.E. DATE C.T.O. DATE CHECKED Item No.13A

ATTACHMENT #5
DPW: 850-20\ev\Council\2023\042523\CI5660\CI5682\Lynn Rd and Hillcrest Dr Bike Lane Att 5.docx

Page 1 ends

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF THOUSAND OAKS APPROVING
COOPERATIVE AGREEMENT NO. 07-5302 WITH

THE STATE OF CALIFORNIA DEPARTMENT OF

TRANSPORTATION FOR THE COMPLETION OF

PROJECT INITIATION DOCUMENT (PID) FOR THE

CONSTRUCTION OF SEPARATED CLASS IV BIKE

LANES AND PEDESTRIAN IMPROVEMENTS
PROJECT, CROSSING US HIGHWAY 101 NORTH

BOUND AND SOUTH BOUND ON LYNN ROAD (CI
5660)
WHEREAS, the City of Thousand Oaks received project funding from the Active Transportation Program (ATP), Congestion Mitigation and Air Quality (CMAQ), and Transportation Development Act (TDA) for construction of Lynn Road Bike Lane and Pedestrian Improvements within the State of California Department of Transportation (Caltrans) right-of-way; and WHEREAS, the City desires that a Project Initiation Document (PID) be developed for the project. The PID will be a Project Study Report - Project Development Support (PSR-PDS); and
WHEREAS, Caltrans will be responsible for providing quality management; review of existing reports, data, studies, and mapping; and PID circulation, review, and approval; and
WHEREAS, the City will fund the cost of the PID preparation including the $150,000 estimated direct cost of engineering support performed by Caltrans, which will invoice the City; and
WHEREAS, Cooperative Agreement No. 07-5302 between the City and Caltrans covering the PID phase has been drawn for execution.

Item No.13A

DPW: 850-20\ev\Council\2023\042523\CI5660\CI5682\Lynn Rd and Hillcrest Dr Bike Lane Att 5.docx

Page 2 ends

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Thousand Oaks, that Cooperative Agreement No. 07-5302 be approved and executed.

PASSED AND ADOPTED this 25 th day of April 2023, by the following vote:

Ayes:

Noes:

Absent:
__________________________
Kevin McNamee, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
_______________________________
Laura B. Maguire, City Clerk
Date Attested: ____________________
APPROVED AS TO FORM:

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

Item No.13A

Agreement 07-5302
Project No. 0723000108
EA 39140
07-VEN-10 1 -5.0/5.1
Project Development Agreement 2017-02-17 (Created February 10, 2023) i

COOPERATIVE AGREEMENT COVER SHEET
Work Description

THE CONSTRUCTION OF SEPARATED CLASS IV BIKE LANES AND PEDESTRIAN IMPROVEMENTS, CROSSING US HIGHWAY 101 NORTH BOUND AND SOUTH BOUND

ON LYNN ROAD BETWEEN WEST GAINSBOROUGH ROAD AND WENDY DRIVE, AND

TO RECONFIGURE SOUTH AND NORTH BOUND EXISTING LANES FROM HILLCREST

DRIVE TO SOUTH BOUND ON-RAMP
Contact Information

CALTRANS
Khanh Q. Nguyen, Planning Manager, Senior Transportation Engineer 100 S. Main Street
Los Angeles, CA 90012
Office Phone: (213) 269-1202
Email: [email protected]

CITY OF THOUSAND OAKS
Masoud Razavi, Engineering Associate
2100 E. Thousand Oaks Boulevard
Thousand Oaks, CA 91362
Office Phone: (805) 449-2454
Email: [email protected]
ATTACHMENT #5

LYNN ROAD BIKE LANE AND
PEDESTRIAN IMPROVMENTS (CI 5660)
ATTACHMENT #6
DPW: 850-20\ev\Council\2023\042523\CI5660\CI5682\Lynn Rd and Hillcrest Dr Bike Lane Improvements Att 6.pdf Item No.13A

Cover Sheet AGREEMENT 07-5302
Project No. 0723000108
Project Development Agreement 2017-02-17 (Created February 10, 2023) ii Table of Contents
COOPERATIVE AGREEMENT ......................................................................................................... 1 RECITALS ........................................................................................................................................... 1 RESPONSIBILITIES ........................................................................................................................... 2 Sponsorship ...................................................................................................................................... 2 Implementing Agency ...................................................................................................................... 3 Funding ............................................................................................................................................ 3 CALTRANS’ Quality Management ................................................................................................ 4 Project Initiation Document (PID) ................................................................................................... 4 Additional Provisions ....................................................................................................................... 6 Standards ..................................................................................................................................... 6 Noncompliant Work .................................................................................................................... 6 Qualifications .............................................................................................................................. 7 Consultant Selection .................................................................................................................... 7 Encroachment Permits ................................................................................................................. 7 Protected Resources .................................................................................................................... 7 Disclosures .................................................................................................................................. 7 Hazardous Materials .................................................................................................................... 8 Claims .......................................................................................................................................... 8 Accounting and Audits ................................................................................................................ 8 Interruption of Work ................................................................................................................... 9 Penalties, Judgements and Settlements ..................................................................................... 10 GENERAL CONDITIONS ................................................................................................................ 10 Venue ............................................................................................................................................. 10 Exemptions ..................................................................................................................................... 10 Indemnification .............................................................................................................................. 10 Non-parties ..................................................................................................................................... 11 Ambiguity and Performance .......................................................................................................... 11 Defaults .......................................................................................................................................... 11 Dispute Resolution ......................................................................................................................... 12 Prevailing Wage ............................................................................................................................. 12 SIGNATURES .................................................................................................................................... 14 FUNDING SUMMARY No. 01 ........................................................................................................... 1 FUNDING TABLE .......................................................................................................................... 1 Item No.13A

Cover Sheet AGREEMENT 07-5302
Project No. 0723000108
Project Development Agreement 2017-02-17 (Created February 10, 2023) iii SPENDING SUMMARY ................................................................................................................ 1 Funding ............................................................................................................................................ 2 Invoicing and Payment ..................................................................................................................... 2 Project Initiation Document (PID) .............................................................................................. 2

Item No.13A

Agreement 07-5302
Project No. 0723000108
EA 39140
07-VEN-101-5.0/5.1
Project Development Agreement 2017-02-17 (Created February 10, 2023) 1 of 14

COOPERATIVE AGREEMENT
This AGREEMENT, executed on and effective from _______________________________, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and:

City of Thousand Oaks, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as CITY.

An individual signatory agency in this AGREEMENT is referred to as a PARTY. Collectively, the signatory agencies in this AGREEMENT are referred to as PARTIES.

RECITALS

1. PARTIES are authorized to enter into a cooperative agreement for improvements to the State Highway System per California Streets and Highways Code, Sections 114 and 130 and California Government Code, Section 65086.5.

2. For the purpose of this AGREEMENT, the construction of separated Class IV Bike Lanes and Pedestrian Improvements, crossing US Highway 101 North Bound and South Bound on Lynn Road between West Gainsborough Road and Wendy Drive, and to reconfigure South and North Bound existing lanes from Hillcrest Drive to South Bound on-ramp will be referred to hereinafter as PROJECT. CITY desires that a Project Initiation Document (PID) be developed for the PROJECT. The Project Initiation Document will be a Project Study Report - Project Development Support (PSR-PDS).

3. All obligations and responsibilities assigned in this AGREEMENT to complete the following PROJECT COMPONENT will be referred to hereinafter as WORK:
• PROJECT INITIATION DOCUMENT (PID)
Each PROJECT COMPONENT is defined in the CALTRANS Workplan Standards Guide as a distinct group of activities/products in the project planning and development process.

Item No.13A

Agreement 07-5302
Project No. 0723000108
Project Development Agreement 2017-02-17 (Created February 10, 2023) 2 of 14

4. The term AGREEMENT, as used herein, includes this document and any attachments, exhibits, and amendments.

This AGREEMENT is separate from and does not modify or replace any other cooperative agreement or memorandum of understanding between the PARTIES regarding the PROJECT.

PARTIES intend this AGREEMENT to be their final expression that supersedes any oral understanding or writings pertaining to the WORK. The requirements of this AGREEMENT will preside over any conflicting requirements in any documents that are made an express part of this AGREEMENT.

If any provisions in this AGREEMENT are found by a court of competent jurisdiction to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other AGREEMENT provisions invalid, inoperative, or unenforceable, and those provisions will be automatically severed from this AGREEMENT.

Except as otherwise provided in the AGREEMENT, PARTIES will execute a written amendment if there are any changes to the terms of this AGREEMENT.

AGREEMENT will terminate 180 days after PID is signed by PARTIES or as mutually agreed by PARTIES in writing. However, all indemnification articles will remain in effect until terminated or modified in writing by mutual agreement.

5. No PROJECT deliverables have been completed prior to this AGREEMENT.

6. In this AGREEMENT capitalized words represent defined terms, initialisms, or acronyms.

7. PARTIES hereby set forth the terms, covenants, and conditions of this AGREEMENT.

RESPONSIBILITIES
Sponsorship

8. A SPONSOR is responsible for establishing the scope of the PROJECT and securing the financial resources to fund the WORK. A SPONSOR is responsible for securing additional funds when necessary or implementing PROJECT changes to ensure the WORK can be completed with the funds obligated in this AGREEMENT.

PROJECT changes, as described in the CALTRANS Project Development Procedures Manual, will be approved by CALTRANS as the owner/operator of the State Highway System.

9. CITY is the SPONSOR for the WORK in this AGREEMENT.

Item No.13A

Agreement 07-5302
Project No. 0723000108
Project Development Agreement 2017-02-17 (Created February 10, 2023) 3 of 14 Implementing Agency

10. The IMPLEMENTING AGENCY is the PARTY responsible for managing the scope, cost, schedule, and quality of the work activities and products of a PROJECT COMPONENT. • CITY is the Project Initiation Document (PID) IMPLEMENTING AGENCY.

The PID identifies the PROJECT need and purpose, stakeholder input, project alternatives, anticipated right-of-way requirements, preliminary environmental analysis, initial cost estimates, and potential funding sources.

11. CITY will provide a Quality Management Plan (QMP) for the WORK in every PROJECT COMPONENT that they are the IMPLEMENTING AGENCY of. The QMP describes the IMPLEMENTING AGENCY’s quality policy and how it will be used. The QMP will include a process for resolving disputes between the PARTIES at the team level. The QMP is subject to CALTRANS review and approval.

12. Any PARTY responsible for completing WORK will make its personnel and consultants that prepare WORK available to help resolve WORK-related problems and changes for the entire duration of the PROJECT including PROJECT work that may occur under separate agreements.

Funding

13. CITY is the only PARTY obligating funds in this AGREEMENT and will fund the cost of the WORK in accordance with this AGREEMENT.

If, in the future, CALTRANS is allocated state funds and Personnel Years (PYs) for PID review or development of this PROJECT, PARTIES will agree to amend this AGREEMENT to change the reimbursement arrangement for PID review.

14. Funding sources, PARTIES committing funds, funding amounts, and invoicing/payment details are documented in the Funding Summary section of this AGREEMENT.

PARTIES will amend this AGREEMENT by updating and replacing the Funding Summary, in its entirety, each time the funding details change. Funding Summary replacements will be executed by a legally authorized representative of the respective PARTIES. The most current fully executed Funding Summary supersedes any previous Funding Summary created for this AGREEMENT.

15. PARTIES will not be reimbursed for costs beyond the funds obligated in this AGREEMENT.

Item No.13A

Agreement 07-5302
Project No. 0723000108
Project Development Agreement 2017-02-17 (Created February 10, 2023) 4 of 14

16. Unless otherwise documented in the Funding Summary, overall liability for project costs within a PROJECT COMPONENT, subject to program limitations, will be in proportion to the amount contributed to that PROJECT COMPONENT by each fund type.

17. Unless otherwise documented in the Funding Summary, any savings recognized within a PROJECT COMPONENT will be credited or reimbursed, when allowed by policy or law, in proportion to the amount contributed to that PROJECT COMPONENT by each fund type.

18. WORK costs, except those that are specifically excluded in this AGREEMENT, are to be paid from the funds obligated in the Funding Summary. Costs that are specifically excluded from the funds obligated in this AGREEMENT are to be paid by the PARTY incurring the costs from funds that are independent of this AGREEMENT.

CALTRANS’ Quality Management

19. CALTRANS, as the owner/operator of the State Highway System (SHS), will perform quality management work including Quality Management Assessment (QMA) and owner/operator approvals for the portions of WORK within the existing and proposed SHS right-of-way.

20. CALTRANS’ Quality Management Assessment (QMA) efforts are to ensure that CITY's quality assurance results in WORK that is in accordance with the applicable standards and the PROJECT’s quality management plan (QMP). QMA does not include any efforts necessary to develop or deliver WORK or any validation by verifying or rechecking WORK.

When CALTRANS performs QMA, it does so for its own benefit. No one can assign liability to CALTRANS due to its QMA.

21. CALTRANS, as the owner/operator of the State Highway System, will approve WORK products in accordance with CALTRANS policies and guidance and as indicated in this AGREEMENT.

22. CITY will provide WORK-related products and supporting documentation upon CALTRANS’ request for the purpose of CALTRANS’ quality management work.

Project Initiation Document (PID)

23. As the PID IMPLEMENTING AGENCY, CITY is responsible for all PID WORK except those activities and responsibilities that are assigned to another PARTY in this AGREEMENT and those activities that may be specifically excluded.

24. Should CITY request CALTRANS to perform any portion of PID preparation work, except as otherwise set forth in this AGREEMENT, CITY agrees to reimburse CALTRANS for such work and PARTIES will amend this AGREEMENT.

Item No.13A

Agreement 07-5302
Project No. 0723000108
Project Development Agreement 2017-02-17 (Created February 10, 2023) 5 of 14

25. CALTRANS will be responsible for completing the following PID activities:

CALTRANS Work Breakdown Structure Identifier (If Applicable) AGREEMENT Funded Cost
100.05.10.xx Quality Management Yes
150.05.05.xx Review of Existing Reports, Data, Studies, and Mapping Yes 150.25.20 PID Circulation, Review, and Approval Yes

26. CALTRANS will provide relevant existing proprietary information and maps related to:
• Geologic and Geotechnical information
• Utility information
• Environmental constraints
• Traffic modeling/forecasts
• Topographic and Boundary surveys
• As-built centerline and existing right-of-way
Due to the potential for data loss or errors, CALTRANS will not convert the format of existing proprietary information or maps.

27. When required, CALTRANS will perform pre-consultation with appropriate resource agencies in order to reach consensus on need and purpose, avoidance alternatives, and feasible alternatives.

28. CALTRANS will actively participate in the Project Delivery Team meetings.

29. The PID will be signed on behalf of CITY by a Civil Engineer registered in the State of California.

30. CALTRANS will review and approve the Project Initiation Document (PID) as required by California Government Code, Section 65086.5.

Item No.13A

Agreement 07-5302
Project No. 0723000108
Project Development Agreement 2017-02-17 (Created February 10, 2023) 6 of 14 CALTRANS will complete a review of the draft PID and provide its comments to CITY within 60 calendar days from the date CALTRANS received the draft PID from CITY. CITY will address the comments provided by CALTRANS. If any interim reviews are requested of CALTRANS by CITY, CALTRANS will complete those reviews within 30 calendar days from the date CALTRANS received the draft PID from CITY.

After CITY revises the PID to address all of CALTRANS’ comments and submits the revised draft PID and all related attachments and appendices, CALTRANS will complete its review and final determination of the revised draft PID within 30 calendar days from the date CALTRANS received the revised draft PID from CITY. Should CALTRANS require supporting data necessary to defend facts or claims cited in the revised draft PID, CITY will provide all available supporting data in a reasonable time so that CALTRANS may conclude its review. The 30 day CALTRANS review period will be stalled during that time and will continue to run after CITY provides the required data.

No liability will be assigned to CALTRANS, its officers and employees by CITY under the terms of this AGREEMENT or by third parties by reason of CALTRANS’ review and approval of the PID.

Additional Provisions
Standards

31. PARTIES will perform all WORK in accordance with federal and California laws, regulations, and standards; Federal Highway Administration (FHWA) standards; and CALTRANS standards. CALTRANS standards include, but are not limited to, the guidance provided in the:
• CADD Users Manual
• CALTRANS policies and directives
• Plans Preparation Manual
• Project Development Procedures Manual (PDPM)
• Workplan Standards Guide
Noncompliant Work

32. CALTRANS retains the right to reject noncompliant WORK. CITY agrees to suspend WORK upon request by CALTRANS for the purpose of protecting public safety, preserving property rights, and ensuring that all WORK is in the best interest of the State Highway System.

Item No.13A

Agreement 07-5302
Project No. 0723000108
Project Development Agreement 2017-02-17 (Created February 10, 2023) 7 of 14 Qualifications

33. Each PARTY will ensure that personnel participating in WORK are appropriately qualified or licensed to perform the tasks assigned to them.

Consultant Selection

34. CITY will invite CALTRANS to participate in the selection of any consultants that participate in the WORK.

Encroachment Permits

35. CALTRANS will issue, upon proper application, the encroachment permits required for WORK within State Highway System (SHS) right-of-way. CITY, their contractors, consultants, agents and utility owners will not work within the SHS right-of-way without an encroachment permit issued in their name. CALTRANS will provide encroachment permits to CITY, their contractors, consultants, and agents at no cost. CALTRANS will provide encroachment permits to utility owners at no cost. If the encroachment permit and this AGREEMENT conflict, the requirements of this AGREEMENT will prevail.

36. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare, obtain, implement, renew, and amend any encroachment permits needed to complete the WORK.

Protected Resources

37. If any PARTY discovers unanticipated cultural, archaeological, paleontological, or other protected resources during WORK, all WORK in that area will stop and that PARTY will notify all PARTIES within 24 hours of discovery. WORK may only resume after a qualified professional has evaluated the nature and significance of the discovery and CALTRANS approves a plan for its removal or protection.

Disclosures

38. PARTIES will hold all administrative drafts and administrative final reports, studies, materials, and documentation relied upon, produced, created, or utilized for the WORK in confidence to the extent permitted by law and where applicable, the provisions of California Government Code, Section 6254.5(e) will protect the confidentiality of such documents in the event that said documents are shared between PARTIES.

PARTIES will not distribute, release, or share said documents with anyone other than employees, agents, and consultants who require access to complete the WORK without the written consent of the PARTY authorized to release them, unless required or authorized to do so by law.

Item No.13A

Agreement 07-5302
Project No. 0723000108
Project Development Agreement 2017-02-17 (Created February 10, 2023) 8 of 14

39. If a PARTY receives a public records request pertaining to the WORK, that PARTY will notify PARTIES within five (5) working days of receipt and make PARTIES aware of any disclosed public records.

Hazardous Materials

40. If any hazardous materials, pursuant to Health and Safety Code 25260(d), are found within the PROJECT limits, the discovering PARTY will notify all other PARTIES within twenty-four (24) hours of discovery.

41. PARTIES agree to consider alternatives to PROJECT scope and/or alignment, to the extent practicable, in an effort to avoid any known hazardous materials within the proposed PROJECT limits.

42. If hazardous materials are discovered within PROJECT limits, but outside of State Highway System right-of-way, it is the responsibility of CITY in concert with the local agency having land use jurisdiction over the property, and the property owner, to remedy before CALTRANS will acquire or accept title to such property.

Claims

43. Any PARTY that is responsible for completing WORK may accept, reject, compromise, settle, or litigate claims arising from the WORK without concurrence from the other PARTY.

44. PARTIES will confer on any claim that may affect the WORK or PARTIES’ liability or responsibility under this AGREEMENT in order to retain resolution possibilities for potential future claims. No PARTY will prejudice the rights of another PARTY until after PARTIES confer on the claim.

45. If the WORK expends state or federal funds, each PARTY will comply with the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards of 2 CFR, Part 200. PARTIES will ensure that any for-profit consultant hired to participate in the WORK will comply with the requirements in 48 CFR, Chapter 1, Part 31.

When state or federal funds are expended on the WORK these principles and requirements apply to all funding types included in this AGREEMENT.

Accounting and Audits

46. PARTIES will maintain, and will ensure that any consultant hired by PARTIES to participate in WORK will maintain, a financial management system that conforms to Generally Accepted Accounting Principles (GAAP), and that can properly accumulate and segregate incurred PROJECT costs and billings.

Item No.13A

Agreement 07-5302
Project No. 0723000108
Project Development Agreement 2017-02-17 (Created February 10, 2023) 9 of 14

47. PARTIES will maintain and make available to each other all WORK-related documents, including financial data, during the term of this AGREEMENT.

PARTIES will retain all WORK-related records for three (3) years after the final voucher.

PARTIES will require that any consultants hired to participate in the WORK will comply with this Article.

48. PARTIES have the right to audit each other in accordance with generally accepted governmental audit standards.

CALTRANS, the State Auditor, FHWA (if the PROJECT utilizes federal funds), and CITY will have access to all WORK -related records of each PARTY, and any consultant hired by a PARTY to participate in WORK, for audit, examination, excerpt, or transcription.

The examination of any records will take place in the offices and locations where said records are generated and/or stored and will be accomplished during reasonable hours of operation.

The auditing PARTY will be permitted to make copies of any WORK-related records needed for the audit.

The audited PARTY will review the draft audit, findings, and recommendations, and provide written comments within thirty (30) calendar days of receipt.

Upon completion of the final audit, PARTIES have forty-five (45) calendar days to refund or invoice as necessary in order to satisfy the obligation of the audit.

Any audit dispute not resolved by PARTIES is subject to mediation. Mediation will follow the process described in the General Conditions section of this AGREEMENT.

49. If the WORK expends state or federal funds, each PARTY will undergo an annual audit in accordance with the Single Audit Act in the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as defined in 2 CFR, Part 200.

50. When a PARTY reimburses a consultant for WORK with state or federal funds, the procurement of the consultant and the consultant overhead costs will be in accordance with the Local Assistance Procedures Manual, Chapter 10.

Interruption of Work

51. If WORK stops for any reason, IMPLEMENTING AGENCY will place the PROJECT right- of-way in a safe and operable condition acceptable to CALTRANS.

Item No.13A

Agreement 07-5302
Project No. 0723000108
Project Development Agreement 2017-02-17 (Created February 10, 2023) 10 of 14 Penalties, Judgements and Settlements

52. The cost of awards, judgements, fines, interest, penalties, attorney’s fees, and/or settlements generated by the WORK are considered WORK costs.

53. Any PARTY whose action or lack of action causes the levy of fines, interest, or penalties will indemnify and hold all other PARTIES harmless per the terms of this AGREEMENT.

GENERAL CONDITIONS

54. All portions of this AGREEMENT, including the Recitals Section, are enforceable.

Venue

55. PARTIES understand that this AGREEMENT is in accordance with and governed by the Constitution and laws of the State of California. This AGREEMENT will be enforceable in the State of California. Any PARTY initiating legal action arising from this AGREEMENT will file and maintain that legal action in the Superior Court of the county in which the CALTRANS district office that is signatory to this AGREEMENT resides, or in the Superior Court of the county in which the PROJECT is physically located.

Exemptions

56. All CALTRANS’ obligations under this AGREEMENT are subject to the appropriation of resources by the Legislature, the State Budget Act authority, programming and allocation of funds by the California Transportation Commission (CTC).

Indemnification

57. Neither CALTRANS nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed that CITY, to the extent permitted by law, will defend, indemnify, and save harmless CALTRANS and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under this AGREEMENT.

Item No.13A

Agreement 07-5302
Project No. 0723000108
Project Development Agreement 2017-02-17 (Created February 10, 2023) 11 of 14

58. Neither CITY nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless CITY and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under this AGREEMENT.

Non-parties

59. PARTIES do not intend this AGREEMENT to create a third party beneficiary or define duties, obligations, or rights for entities not signatory to this AGREEMENT. PARTIES do not intend this AGREEMENT to affect their legal liability by imposing any standard of care for fulfilling the WORK different from the standards imposed by law.

60. PARTIES will not assign or attempt to assign obligations to entities not signatory to this AGREEMENT without an amendment to this AGREEMENT.

Ambiguity and Performance

61. Neither PARTY will interpret any ambiguity contained in this AGREEMENT against the other PARTY. PARTIES waive the provisions of California Civil Code, Section 1654.

A waiver of a PARTY’s performance under this AGREEMENT will not constitute a continuous waiver of any other provision.

62. A delay or omission to exercise a right or power due to a default does not negate the use of that right or power in the future when deemed necessary.

Defaults

63. If any PARTY defaults in its performance of the WORK, a non-defaulting PARTY will request in writing that the default be remedied within thirty (30) calendar days. If the defaulting PARTY fails to do so, the non-defaulting PARTY may initiate dispute resolution.

Item No.13A

Agreement 07-5302
Project No. 0723000108
Project Development Agreement 2017-02-17 (Created February 10, 2023) 12 of 14 Dispute Resolution

64. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level as described in the Quality Management Plan. If they cannot resolve the dispute themselves, the CALTRANS District Director and the Executive Officer of CITY will attempt to negotiate a resolution. If PARTIES do not reach a resolution, PARTIES’ legal counsel will initiate mediation. PARTIES agree to participate in mediation in good faith and will share equally in its costs.

Neither the dispute nor the mediation process relieves PARTIES from full and timely performance of the WORK in accordance with the terms of this AGREEMENT. However, if any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to ensure that the WORK continues.

Except for equitable relief, no PARTY may file a civil complaint until after mediation, or forty-five (45) calendar days after filing the written mediation request, whichever occurs first.

PARTIES will file any civil complaints in the Superior Court of the county in which the CALTRANS District Office signatory to this AGREEMENT resides or in the Superior Court of the county in which the PROJECT is physically located.

65. PARTIES maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution.

Prevailing Wage

66. When WORK falls within the Labor Code § 1720(a)(1) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code § 1771, PARTIES will conform to the provisions of Labor Code §§ 1720-1815, and all applicable provisions of California Code of Regulations, Title 8, Division 1, Chapter 8, Subchapter 3, Articles 1-7. PARTIES will include prevailing wage requirements in contracts for public work and require contractors to include the same prevailing wage requirements in all subcontracts.

Work performed by a PARTY’s own employees is exempt from the Labor Code's Prevailing Wage requirements.

If WORK is paid for, in whole or part, with federal funds and is of the type of work subject to federal prevailing wage requirements, PARTIES will conform to the provisions of the Davis- Bacon and Related Acts, 40 U.S.C. §§ 3141-3148.

Item No.13A

Agreement 07-5302
Project No. 0723000108
Project Development Agreement 2017-02-17 (Created February 10, 2023) 13 of 14 When applicable, PARTIES will include federal prevailing wage requirements in contracts for public works. WORK performed by a PARTY’s employees is exempt from federal prevailing wage requirements.

Item No.13A

Agreement 07-5302
Project No. 0723000108
Project Development Agreement 2017-02-17 (Created February 10, 2023) 14 of 14

SIGNATURES
PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically.

The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
For Gloria Roberts
Acting D7 District Director
Verification of funds and authority:

Vickie Murphy
District Budget Manager
Certified as to financial terms and policies:
_
Darwin Salmos
HQ Accounting Supervisor

CITY OF THOUSAND OAKS
Kevin McNamee
Mayor
Attest:

Laura B. Maguire
City Clerk
Approved as to Administration:

Andrew P. Powers City
Manager
Approved as to Form:

Tracy Friedl
Assistant City Attorney
Item No.13A

AGREEMENT 07 - 5302
Project No. 0723000108
EA 39140
07-VEN-101-5.0/5.1
Project Development Agreement 2017-02-17 (Created February 10, 2023) 1 of 2 FUNDING SUMMARY NO. 01

FUNDING TABLE
v. 1
PID
Source Party Fund Type Totals
LOCAL-
FEDERAL CITY CMAQ (88.53%) 132,795
LOCAL CITY Local 175,000
LOCAL CITY CMAQ Local Match M 17,205
Totals 325,000
MNon-federal match

SPENDING SUMMARY v 2
PID
Fund Type CALTRANS CITY Totals
CMAQ 0 132,795 132,795
Local 150,000 25,000 175,000
CMAQ Local Match 0 17,205 17,205
Totals 150,000 175,000 325,000

Item No.13A

FUNDING SUMMARY No. 01 AGREEMENT 07 - 5302
Project No. 0723000108

Project Development Agreement 2017-02-17 (Created February 10, 2023) 2 of 2 Funding

1. Per the State Budget Act of 2012, Chapter 603, amending item 2660-001-0042 of Section

2.00, the cost of any engineering support performed by CALTRANS towards any local government agency-sponsored PID project will only include direct costs. Indirect or overhead costs will not be applied during the development of the PID document.

2. In accordance with the CALTRANS Federal-Aid Project Funding Guidelines, PARTIES must obtain approval from the Federal Highway Administration prior to any PROJECT funding changes that will change the federal share of funds.

Invoicing and Payment

3. PARTIES will invoice for funds where the SPENDING SUMMARY shows that one PARTY provides funds for use by another PARTY. PARTIES will pay invoices within forty-five (45) calendar days of receipt of invoice when not paying with Electronic Funds Transfer (EFT). When paying with EFT, CITY will pay invoices within five (5) calendar days of receipt of invoice.

4. If CITY has received EFT certification from CALTRANS then CITY will use the EFT mechanism and follow all EFT procedures to pay all invoices issued from CALTRANS.

5. When a PARTY is reimbursed for actual cost, invoices will be submitted each month for the prior month's expenditures. After all PROJECT COMPONENT WORK is complete, PARTIES will submit a final accounting of all PROJECT COMPONENT costs. Based on the final accounting, PARTIES will invoice or refund as necessary to satisfy the financial commitments of this AGREEMENT.

Project Initiation Document (PID)

6. CALTRANS will invoice CITY for a $99,000 initial deposit after execution of this AGREEMENT and forty-five (45) working days prior to the commencement of PID expenditures. This deposit represents two (2) months’ estimated costs.

Thereafter, CALTRANS will invoice and CITY will reimburse for actual costs incurred and paid.

Item No.13A

ATTACHMENT #7
DPW: 850-20\ev\Council\2023\042523\CI5660\CI5682\Lynn Rd and Hillcrest Dr Bike Lane Att 7.docx

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF THOUSAND OAKS AUTHORIZING THE FILING OF

A CLAIM WITH THE VENTURA COUNTY

TRANSPORTATION COMMISSION FOR ALLOCATION

OF TRANSPORTATION DEVELOPMENT ACT
ARTICLE 3 FUNDS FOR BICYCLE AND/OR
PEDESTRIAN PURPOSES FOR FISCAL YEAR 2022-23
WHEREAS, the Transportation Development Act (TDA), as amended (Public Utilities Code Section 99200 et seq.), provides for the allocation of funds from the Local Transportation Fund (LTF) and State Transit Assistance Fund (STAF) for use by eligible claimants for various transportation and transit purposes as allowed by TDA; and
WHEREAS, the TDA was specifically amended in 1973 to include funding under Public Utilities Code Section 99234 for planning of and/or projects for the exclusive use by bicyclists and/or pedestrians; and
WHEREAS, pursuant to the provision of the TDA, as amended, and pursuant to the applicable rules and regulations hereunder (California Code of Regulation Sections 6600 et seq.), a prospective claimant wishing to receive an allocation from LTF and the STAF shall file its claim with the Ventura County Transportation Commission (VCTC).

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Thousand Oaks, that the City is authorized to execute and file an appropriate claim pursuant to the applicable rules and regulations promulgated hereunder, together with all necessary supporting documents, with the VCTC for an allocation of TDA funds in Fiscal Year 2022-23.

BE IT FURTHER RESOLVED that the authorized claim is for Article 3 for pedestrian and bicycle expenditures (PUC 99234) in the amount of $175,000.

Item No.13A

DPW: 850-20\ev\Council\2023\042523\CI5660\CI5682\Lynn Rd and Hillcrest Dr Bike Lane Att 7.docx

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BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the Ventura County Transportation Commission in conjunction with the filing of the claim.

PASSED AND ADOPTED this 25 th day of April 2023, by the following vote:

Ayes:

Noes:

Absent:
________________________________
Kevin McNamee, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
________________________________
Laura B. Maguire, City Clerk
Date Attested: ___________________
APPROVED AS TO FORM:

Item No.13A

TO:City Council
FROM:Community Funding Review Committee
DATE:April 25, 2023
SUBJECT: FY 2023-24 Community Events Grant Recommendations RECOMMENDATION:

1. Approve Community Events Grants totaling $83,073.50.

2. Authorize the City Manager or designee to execute Community Events Grant agreements with grantees.

3. Authorize expenditure in the amount of $83,073.50 in FY 2023-24 from A/C #001-1120-611-5920 (CF2024, CEF Grants/Donations) for Community Events Grants.

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

FINANCIAL IMPACT:

No Additional Funding Requested. Minimal administrative staff costs associated with executing contracts and compliance monitoring, and grant funding in the amount of $100,000 will be requested in the upcoming FY 2023-24 General Fund Budget.

BACKGROUND:

The Community Events Grant (CEG) provides financial support for community arts and cultural activities and events that take place within the boundaries of the City, and for school performance groups representing the City at competition events located outside of the city. The program seeks to benefit a wide cross-section of the community. The CEG is available to local, non-profit community, and school groups. The FY 2023-24 General Fund Budget will include $100,000 for CEG with the proposed allocations:
$85,000: Available through annual grant funding cycle application process.

Item No.14A

FY 2023-24 Community Events Grant Recommendations
April 25, 2023

Page 2 ends

5 9
2 $15,000: Held in reserve for City Council to approve unanticipated, off-cycle funding requests that may arise throughout the fiscal year.

The CEG provides grantees a maximum grant award of $8,500 and a minimum award of $500. Grants to organizations seeking funds to support team events are limited to a maximum of $100 per individual team member. Grant applications must demonstrate that the requested CEG funds will be matched through other sources.

CEG grant applications for FY 2023-24 were accepted from January 23, 2023, through February 23, 2023. Public outreach for the grant program took place in January and February and included news postings on the City’s website, social media channels, and the January and February issues of the CityScene. The Acorn published an article about the grant opportunity on February 4, 2023. A CEG workshop was held on January 26, 2023, which was recorded and made available for viewing on the City’s website. In addition, emails were sent to previous CEG recipients, and a press release was sent to local media outlets. Complete program information can be found on the dedicated City Manager’s Office Grant Opportunities webpage (www.toaks.org/grants) on the City website.

A history of the CEG (previously known as the Community Events Endowment Fund and changed by City Council at the September 14, 2021, City Council meeting) awards for the past seven years is attached for City Council reference (Attachment #1). The CEG grant cycle was suspended during FYs 2019-20, 2020- 21, 2021-22, and 2022-23 due to the COVID-19 Pandemic.

DISCUSSION/ANALYSIS:

There were 18 CEG applications received this year with a total requested amount of $104,448.50. Staff conducted an initial review to confirm the applications met minimum qualifications. No applications were rejected for non-compliance with program requirements during staff’s initial review.

The Community Funding Review Committee (CFRC) members separately reviewed each application and scored them based on several grant-specific criteria, including the organization’s mission and background, activity or event goals and objectives, and benefit to City residents.

On March 27, 2023, the CFRC met to discuss the collated scores of the applications. The committee determined one applicant’s funding request needed to be adjusted to adhere to the criteria of no more than $100 per individual for a team event. Another applicant’s proposal did not meet the program requirement of a community art or cultural activity or event. The CFRC unanimously recommended funding in the amount of $83,073.50 to 17 programs.

Item No.14A

FY 2023-24 Community Events Grant Recommendations
April 25, 2023

Page 3 ends

5 9
2 Allocation Scoring Method
In May 2019, the CFRC approved an allocation method based on collated points scored on the application as shown in Table 1.

Table 1: CFRC Original Allocation Method
85 – 100 points scored 100% of requested amount
70 – 84 points scored 75% of requested amount
55 – 69 points scored 50% of requested amount
54 or below points scored No funding
Collating the seven CFRC members’ scorecards and using the original allocation method revealed that nine applicants were eligible for full funding and eight applicants for 75 percent funding, for a total of $83,073.50.

The CFRC unanimously (4,0) recommends awarding grants in the amount of $83,073.50 to 17 programs (Attachment #2).

Next Steps
Upon approval by City Council, CEG grantees will enter into agreements with the City for a one-year period, effective July 1, 2023. Grantees will receive payment upfront and will be required to submit a Final Performance Report.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

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

PREPARED BY: Clyde Doheney, CFRC Chair
Sarah Mailes, Community Services Analyst
Attachments:

Attachment #1 – Community Events Grant Award Seven-Year History Attachment #2 – 2023-24 Community Events Grant Award
Recommendations
CMO: 481-10/SM/H:Common/City Council/Council Items/2023/042523/042523 CFRC CEG Staff Report Item No.14A

3 0
7 4
Award History
Community Events Grant (CEG)
7-YEAR SUMMARY 2016-17 2017-18 2018-19 Total
1 5 Star Theatricals (FKA - Cabrillo
Music Theatre) $8,500 $8,500 $5,100 $ 22,100
2 ACCV - Young Artists Ensemble $7,500 $8,500 $5,100 $ 21,100 3 Art Trek - Community Art $1,500 $500 $2,250 $ 4,250 4 Art Trek - Conejo Rabbits $500 $ 500
5 Boys & Girls Club $500 $ 500
6 California Museum of Art $3,500 $4,000 $2,550 $ 10,050 7 California Shakespeare Company $1,000 $ 1,000 8 Community Partners - Engaged
Community Project $1,500 $ 1,500
9 Conejo Chinese Cultural Association $1,000 $2,000 $1,125 $ 4,125 10 Conejo Las Virgenes Future
Foundation $2,500 $2,500 $3,600 $ 8,600
11 Conejo Open Space $2,500 $3,500 $2,160 $ 8,160 12 Conejo Players Theatre $1,500 $3,225 $1,650 $ 6,375 13 Conejo Schools Foundation $2,000 $4,000 $4,800 $ 10,800 14 Conejo Valley Amateur Radio Club $600 $600 $ 1,200 15 Conejo Valley Botanic Garden $1,000 $450 $ 1,450 16 Conejo Valley Pride $2,200 $ 2,200
17 Conejo Valley Youth Orchestra $4,000 $3,000 $ 7,000 18 Gold Coast Performing Arts
Association $4,500 $4,000 $2,250 $ 10,750
19 Gold Coast Wind Ensemble $1,000 $450 $ 1,450 20 Hospice of the Conejo $2,200 $4,000 $1,125 $ 7,325 21 Kingsmen Shakespeare Company $5,500 $8,000 $6,300 $ 19,800 22 Los Robles Children’s Choir $3,000 $2,200 $ 5,200 23 Military Order of the World Wars $500 $775 $450 $ 1,725 24 Moorpark Civic Ballet and Dance
Theatre $250 $ 250
25 New West Symphony $5,500 $8,500 $6,300 $ 20,300 26 Newbury Park High School Band
Boosters $4,500 $4,000 $2,475 $ 10,975
27 Newbury Park High School Choral
Boosters $2,500 $3,500 $ 6,000
28 Pacific Festival Ballet $3,750 $ 3,750
29 Performances to Grow On $5,100 $ 5,100
30 Redwood Middle School - Band $2,000 $2,500 $1,350 $ 5,850 31 Thousand Oaks Alliance for the Arts
(TOARTS) $3,000 $ 3,000
32 Thousand Oaks Arts Festival $1,000 $ 1,000
ATTACHMENT #1
Item No.14A

3 0
7 4
33 Thousand Oaks Civic Arts Plaza
Foundation $6,000 $ 6,000
34 Thousand Oaks High School Band
Boosters $4,000 $2,700 $ 6,700
35 Thousand Oaks High School Choral
Boosters $2,500 $ 2,500
36 Thousand Oaks High School
Orchestra Boosters $1,200 $1,500 $675 $ 3,375
37 Village Voices $1,000 $3,500 $2,025 $ 6,525 38 Westlake High School Dance Team
Boosters $4,000 $4,000 $3,000 $ 11,000
39 Westlake High School Instrumental
Music Boosters $3,515 $ 3,515
40 Youth Musical Theatre $1,000 $1,000 $ 2,000 TOTAL $85,000 $85,000 $85,000 $ 255,000
FY 2019-20, 2020-21, 2021-22 and 2022-23 No Community Events Grants Awarded due to COVID-19 Pandemic.

CMO: 481-10/SM/H:Common/City Council/Council Items/2023/042523/Attch 1 Community Events Grant Award Seven-Year History Item No.14A

CMO: 481-10/KM/H:Common/City Council/Council Items/2023/042523/ Attch 22023 24 Community Events Grant Award Recommendations
3 0
7 5
FY 2023-24 Community Events Grant Award Recommendations Applicant Request Award Project Description
1 Conejo Schools
Foundation $ 8,500.00 $8,500.00 Conejo Schools Foundation All- District Music Festival
2 Conejo Open Space
Foundation $ 4,000.00 $4,000.00 COSF: Trails Education Days 3 Navigating Gray $ 1,900.00 $1,900.00 Unity Conejo Pride Picnic 4 Conejo Players $ 4,473.50 $4,473.50 Conejo Players Youth Theatre 5 Arts Council of the Conejo
Valley $ 5,175.00 $5,175.00 ACCV Community Event Series 6 Conejo Oaks Symphony
Inc. dba Conejo Valley
Youth Orchestra and
California Young Artist
Symphony
$ 8,500.00 $8,500.00 CVYO/CYAS Thousand Oaks
Concert Season 2023-24
7 Kingsmen Shakespeare
Company $ 8,500.00 $8,500.00 Kingsmen Shakespeare Festival 8 Santa Monica Mountain
Fund $ 7,500.00 $7,500.00 To Right a Wrong: The Story of Ballard Mountain
9 Los Robles Children's
Choir $ 8,500.00 $8,500.00 Los Robles Children's Choir Annual Concerts
10 Conejo Chinese Cultural
Association $ 6,000.00 $4,500.00 Chinese New Year Performance 11 Conejo Chinese Cultural
Association $ 4,500.00 $3,375.00 Chinese Cultural Day 12 Westlake Village
Symphony $ 3,200.00 $2,400.00
A concert of classical music from
Spain, Mexico, Central and South
America celebrating the great
composers of that culture
13 CVUSD/ Panther Band
Parents $ 8,500.00 $3,225.00 President's Cup Invitational Concert Band Festival
14 Ventura County Japanese
American Citizens League $ 3,000.00 $2,250.00 Thousand Oaks Asian American Film Festival
15 Village Voices Chorale $ 8,500.00 $6,375.00 Village Voices Chorale Concerts 16 CVUSD/ Westlake High
School Dance Team
Booster Club
$ 2,200.00 $1,650.00 West Coast Elite and United Spirit Association National Competitions
17 United Methodist Church of
Westlake Village- Pizazz
Music Camp
$ 3,000.00 $2,250.00 Pizazz Music Camp
18 Southeast Ventura County
YMCA $ 8,500.00 $0.00 YMCA Youth & Government (Y&G)
Program
TOTAL $83,073.50
ATTACHMENT #2
Item No.14A

TO:City Council
FROM:Kevin McNamee, Mayor
Bob Engler, Councilmember
David Newman, Councilmember
DATE:April 25, 2023
SUBJECT: Annual Federal Meetings 2023 National League of Cities Conference
RECOMMENDATION:

1. Receive report.

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

FINANCIAL IMPACT:

No Additional Funding Requested. Direct and indirect costs for City Council to attend the conference are included in the Adopted FY 2022-23 General Fund Budget.

BACKGROUND:

The National League of Cities (NLC) is the oldest and largest national organization representing municipal governments throughout the United States. Its mission is to strengthen and promote cities as centers of opportunity, leadership, and governance. Working in partnership with the 49 state municipal leagues, the NLC serves as a resource and advocate for the more than 2,600 cities, villages, and towns it represents.

While at the NLC Congressional Cities Conference, City delegates conduct meetings on Capitol Hill as part of the City’s continuing efforts to obtain federal support for local needs and priorities. Such meetings with federal officials have been successful in yielding financial support for various projects including (a) the widening of the S.R. 23 Freeway; (b) building the City’s LEED Certified Transit Center; and (c) “seed money” toward the widening of the U.S. 101/S.R. 23 Interchange.

Item No.16A

Annual Federal Meetings and 2023 NLC Conference
April 25, 2023

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5 9
8 DISCUSSION/ANALYSIS:

Meetings on Capitol Hill - March 23-24, 2023
Meetings with Congressional members and agency staff were attended by Mayor McNamee; Councilmember Engler and Councilmember Newman; and Legislative Affairs Manager Layba, as well as federal lobbyist James Crum, Van Scoyoc Associates. In accordance with the Brown Act and rules governing quorum, only two Council members attended each meeting as noted below.

City delegates attended several meetings with Congressional officials prior to the NLC Conference to discuss City 2023 project interests and local issues.

A. Meetings with Congressional Members
a. Sen. Alex Padilla’s Office – Josh Esquivel, Legislative Director: (Mayor McNamee and Councilmember Engler)
b. Sen. Diane Feinstein’s Office – Deanna Segall, Appropriations; Will Klink, Legislative Correspondent, John Watts, Senior Counselor (Mayor McNamee and Councilmember Newman)
c. Congresswoman Julia Brownley and Sharon Wagener, Legislative Director (Mayor McNamee and Councilmember Newman)
City delegates discussed FY 2023-24 Congressionally Directed Spending project interests (Attachment #1):
· Installation of Microgrids and Critical Water Pumps.
· Installation of Microgrids at the Resilience Hub- Family Assistance Center. · Stormwater Capture and Diversion Project.

Since meetings with Congressional Offices were on the first day of lobbying, delegates also informed them they will be meeting with several federal agencies seeking grants or resources regarding:
· Community electric vehicle charging stations.
· Accessibility access on open space trails.
· Assistance to low-income mobile home park residents and the homeless. · Wildfire resiliency and repair to open space roads and fences. · Theater performances for disadvantaged youth.

City delegates also thanked Congresswoman Brownley and the Offices of Senator Feinstein and Senator Padilla for their support in obtaining $1.8 million for FY 2022-23 Community Funding Requested for the Microgrid Installation at the Municipal Service Center.

Item No.16A

Annual Federal Meetings and 2023 NLC Conference
April 25, 2023

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8 B. Meetings with Federal Agencies
a. Environmental Protection Agency (EPA): Bruno Pigott, Deputy Assistant Administrator, Office of Water and Christopher Kloss, Coordinator, Green Infrastructure (Mayor McNamee and Councilmember Engler) Mayor McNamee and Councilmember Engler presented the stormwater water capture diversion project. They discussed the City’s reliance on the State water project for its water supply. The stormwater capture and diversion project would create a local recycled water source in the region.

Representatives from EPA encouraged the City to seek funding from the State Revolving Fund (SRF). Most of the federal funds for clean water are passed through states through their SRF programs. Another option provided would be through the Water Infrastructure Finance and Innovation Act (WIFIA) which provides federal low-interest loans for water projects. b. Department of the Interior: Jeffrey Rupert, Director - Office of Wildland Fire (Mayor McNamee and Councilmember Newman)
Mayor McNamee and Councilmember Newman provided a history of wildfire disasters in Thousand Oaks. They discussed the residual impact of the Woolsey Fire on open space roads and fences that need repair. They also shared the City’s interest in installing microgrids at water pump stations to enhance resiliency to water access and response. Since the Office of Wildland Fire is tied to the National Park Service, they also expressed the City’s interest in developing greater accessibility on its local trails by conducting a study and pilot project. Director Rupert was pleased to hear of the City’s proactive approach to fire resilience. In response to the City’s interests, the Office of Wildland Fire has a grant- Burned Area Rehabilitation Funding but they are awaiting the grant’s renewal. They also suggest the City work collaboratively with the regional National Park Service Superintendent. The regional office has access to resources and funding to assist with these interests.
c. Department of Housing and Urban Development (HUD): David Gonzales Rice, Policy Advisor (Mayor McNamee and Councilmember Newman) City delegates discussed interest in supporting low-income mobile home residents and addressing homelessness in Thousand Oaks. The Community Development Block Grant (CDBG) allows for limited emergency rental assistance for only three-consecutive months per family or individual. HUD Policy Advisor suggested that the City work with the regional HUD Coordinator to determine other possible resources for mobile home rental assistance.

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8 Funding for homeless projects is provided directly to counties that work cooperatively with cities on projects and programs. There may be a secondary notice funding opportunity to expand funding for Ventura County’s Continuum of Care (COC). Mayor McNamee and Councilmember Newman also shared a suggestion on issuance and use of housing vouchers.
d. National Endowment for the Arts: Eleanor Billington, Civics Project Manager (Mayor McNamee and Councilmember Engler)
TOArts has been a leader in supporting arts enrichment and opportunities for youth, especially in disadvantaged schools in the region. Mayor McNamee and Councilmember Engler discussed TOArts’ interest in hosting a production of North, which depicts the journey of a mother and son during the underground railroad. Project Manager Billington discussed some grant options that could be pursued including “Challenge America” and “Grants for Arts Projects.” These grants are offered annually and fit the proposed project interests.

Mayor McNamee and Councilmember Engler inquired about a recently unfunded grant submitted by TOArts. Project Manager Billington explained that the grant received twice the number of applications expected. This made the grant program more competitive than usual. Although she could not share scores or reviewers’ comments, she encouraged TOArts to reapply.

NLC Annual Conference – March 25-29, 2023
The NLC annual conference was held on March 25-29, 2023 at the Marriott Marquis and Convention Center in Washington, DC. City officials gather for leadership meetings, policy discussions, and legislative briefings to learn about current federal issues and priorities for America’s cities and towns. Mayor McNamee, Councilmember Engler and Councilmember Newman; and Legislative Affairs Manager Layba represented the City.

A. Public Safety and Crime Prevention Policy Committee (PSPS) Meeting (Councilmember Engler appointed to the PSPS Committee)

1. Robert Chapman, Deputy Director, Office of Community Oriented Policing Services (COPS). The COPS Office is the component of the U.S.

Department of Justice responsible for advancing the practice of community policing by the nation's state, local, territorial, and tribal law enforcement agencies through information and grant resources. In 2022, COPS Item No.16A

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8 provided over $400 million in grant awards. Among the awards is a new program to assist local law enforcement called Collaborative Reform Initiative – Training Assistance Center (CRI-TAC). CRI-TAC helps law enforcement with resources and technical assistance on a variety of policing issues and needs including incidents of hate crimes. COPS also offers the Office of Mental Health Wellness, which provides critical mental health services and support to law enforcement agencies.

2. Suzanne Brick, Government Program Manager, Public and Governmental Affairs (PGA), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). ATF Program Manager Brick provided a general overview of how the National Integrated Ballistic Information Network (NIBIN) program and e-trace system operate. Both assist law enforcement agencies across the country with finding potential matches to guns associated with crimes. The system helps to identify, investigate, and prosecute shooters involved. The ATF can also use the same system to identify guns from outside the country and with the support of international partners, help to investigate criminal investigations and more importantly foreign gun traffickers. She also discussed the importance of securing personal weapons. When stolen have resulted in a large number of crimes.

3. Ian Grice, Program Specialist, Justice Initiatives Data, NLC Municipal Practice and Tony McCright, Program Manager, Justice Initiatives, NLC Municipal Practice-Justice Initiatives – Reentry, Reimagining Public Safety & Alternative Response. Speakers presented the recommendations developed by the Reimagining Public Safety Task Force:
a. Direct municipal government leadership toward providing safety and well‐being for all.
b. Balance the respective roles of government agencies, residents, and partners.
c. Significantly expand the use of civilian‐led and community‐based well‐being and prevention‐focused strategies.
d. Embrace full and transparent oversight and accountability for law enforcement.
e. Seek guidance and support from peers and experts with the assistance of the NLC.

4. Jacob Gottlieb, Program Specialist, Research, NLC Research and Data Analysis - Public Safety Workforce Research: Since 2020-2021, at the height of the pandemic, police hirings have declined by five (5) percent while resignations (18 percent) and retirements (45 percent) have increased.

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8 outcomes have been driving these trends. Many cities used American Rescue Plan Act funding to help bolster their losses. By reimagining public safety, cities are now integrating mental health clinicians, social workers, credible messengers, violence interrupters, and other non-police roles to alleviate the stress and demands of public safety workforces and make recruitment and retention more appealing.

5. Yucel Ors, NLC Public Safety Policy Director provided a 2023 federal policy update: Congress has new leadership and a new majority in the House of Representatives. Currently, Congress is working on FY 2023-24 appropriations and cutting discretionary spending to FY 2021-22 levels. One issue for debate is the Debt Ceiling limit. Key bills impacting local government include:
a. Simplifying Grants Act [H.R. 914]
b. Sarah Debbink Langenkamp Active Transportation Safety Act of 2023 c. Railway Safety Act of 2023 [S. 576]
d. Energy Efficiency and Conservation Block Grant (EECBG) Reauthorization [H.R. 1520]
e. Protecting Community Television Act [S. 3361/H.R. 907] f. Farm Bill Reauthorization
g. Federal Aviation Reauthorization
h. Long-Term National Flood Insurance Program (NFIP) Reauthorization

6. Announcements: The next PSPS meeting will be scheduled at the NLC Summer Leadership Meeting, July 19-21, 2023 in Tacoma, WA. The next meeting will be on November 15, 2023 in Atlanta, GA - City Summit Conference.

B. National League of Cities University (NLCU)
NLCU offers executive coursework on a variety of local governance issues toward a certification. Mayor McNamee participated in the following NLCU courses:

1. What Elected Officials Need to Know about Grants and How to Keep Them

2. A Leaders Toolkit for Dynamic Times

3. Smart Cities

4. Leadership 101 Culture Change: Transform the Workplace for Innovation and Results
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8 C. Keynote Speakers
a) NLC Board President, Victoria Woodards, Mayor Tacoma Washington: President Woodards welcomed the over 3,000 attendees to the 58th annual Congressional Cities Conference. She shared her leadership platform, “Investing in People. Building Partnerships. Creating Endless Possibilities.” Partnerships are a way to innovate and create better communities. Her two focal areas are job creation and housing. Through a program she calls “Housing Supply Accelerator”, she will convene a number of meetings with housing partners such as American Planners Association, National Realtors Association, HUD, Renters Associations, and housing organizations to discuss the problems and solutions related to the housing crisis. In the area of job creation, she will pursue partnerships with labor and trade organizations to advance technical training and educational opportunities to help put people to work.
b) Gene Sperling, White House Advisor on the American Rescue Plan: The speaker, who is also the author of Economic Dignity talked about the impact of the American Rescue Plan Act (ARPA). Celebrating the two-year anniversary of this historic act, for the first time funding went directly to 30,000 cities and counties to use during the pandemic economic downturn. Cities used the funding for items such as critical infrastructure, broadband, and economic development. Since 2021, the White House believes the money was well spent as the country has experienced the lowest unemployment rate and child poverty rate.
c) Clarence Anthony, NLC Executive Director: Executive Director Anthony shared his experience as a former Mayor of South Bay, Florida. He spoke of the importance of storytelling to share local interests on Capitol Hill and urged delegates to share the investments made locally with ARPA funds. With the passage of the bipartisan infrastructure law, NLC is continuing efforts to support cities in getting their share of funding by hosting a second round of infrastructure bootcamps to assist with grant-writing efforts. NLC is also preparing to advocate for the passage of the Rail Safety Act, Farm Act, and fight off federal pre-emption.
d) Fireside Chat on Broadband with Mayor Emily Larson, Duluth MN:

Executive Director Anthony had a one-on-one discussion with Mayor Larson. The City of Duluth experienced issues with digital equity, which became more apparent during the pandemic. The City conducted a survey to determine local needs for broadband access. They are working with the State of Minnesota which received federal infrastructure funding to help build out their broadband system within the next five years.

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8 e) Panel Discussion on Local Advocacy: President Woodards conducted a panel discussion with councilmembers representing the Cities of Newark, NJ; Clearwater, FL; Tukwila, WA; and Tacoma Park, MD about key messages that delegates should deliver during their meetings on Capitol Hill. Each panelist shared a key point:

1. Federal grants are complicated, especially for small rural communities. Federal agencies should simplify grants to make funding local interests easier.

2. Pass Rail Act and Federal Aviation Administration reauthorization.

Rail and airports provide jobs. Transit safety is also important.

3. Reauthorize Farm Bill. The bill is responsible for more than support for agriculture. It includes broadband, clean water, and conservation for farmers.

4. Public safety should be redefined as a public health issue. More funding should be dedicated for mental health support, public safety recruitment and retention, and youth programs.
f) John Podesta, White House Advisor on Clean Energy Innovation: The speaker reviewed the Inflation Reduction Act (IRA) signed into law last August. The law contains $500 billion in new spending and tax breaks that aim to boost clean energy, reduce healthcare costs, and increase tax revenues. Based on the number of investments, the law will create green jobs and grow the clean economy, while addressing climate change. g) Shalanda Young, Director of the Office Management and Budget: Director Young discussed the impact of the IRA to reduce the federal deficit over three years. She shared the White House’s Economic Blueprint, which would grow the economy. She also supports the lifting of the debt ceiling and the President’s plan for the wealthy and corporations to pay their share in taxes.
h) D.C. Mayor Muriel Bowser: Mayor Bowser officially welcomed delegates to the District of Columbia. She provided a brief State of the District. Finances remain strong despite decreasing revenue and increasing operational costs. ARPA and the bipartisan infrastructure bill helped her community create 35,000 new jobs. One specific use of their federal funding was to close the digital divide with broadband access. With a population of 700,000, she is disappointed that they are still excluded from representation and having a vote in the Capitol.
i) Colonel Hugh T. Clements, Director of Office of Community Oriented Policing Services: Newly appointed Colonel Clements shared that he believes that drugs, the opioid crisis, mental health, and gun violence are Item No.16A

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8 public health issues. Community policing is important, but the community needs to support public safety. There is an issue with recruitment/retention in the public safety field. There should be an increase in Community Violence Interruption programs to increase crime control. He urges cities to seek grants technical assistance and grants from his office. j) Panel Discussion on Policing Facilitated by Juan Perez, Reporter for Politico: Facilitator asked panelists representing the Cities of Mesa, AZ; Charleston, WV; Baltimore, MD; and Jackson, MS about their individual public safety initiatives. Panelists shared the task forces developed to assist with public safety. These task forces provide additional support to their police officers and the community. They consist of a violent crime task force, mental health diversion, mental health team, as well as healing and recovery services.
k) Dr. Rahul Gupta, Director of National Drug Control Policy: Dr. Gupta discussed fentanyl as a public health crisis. These drugs are being manufactured in laboratories at alarming rates and being brought across the border. There is a reduction in overdose deaths but more needs to be done to solve the problems. He is focused on harm reduction by providing more rehabilitation to users and making it more difficult to obtain the substances to manufacture these drugs.
l) Tom Vilsack, Director Department of Agriculture: Director Vilsack addressed the issue of food and nutrition security. The Department of Agriculture (Department) is responsible for assuring universal free meals are provided to nine million children at schools. He is working on a permanent Supplemental Nutrition Assistance Program (SNAP) Electric Benefit (EBT) program for summer months when children are not at school.

The Department is also looking into increasing supplements of fruits and vegetables for pregnant women and children under six. He is working on a regional food system, as well as putting additional resources online, to help those in need.
m) Congressman Jim McGovern, MA: Congressman McGovern is the Chair of the Committee on Hunger. He announced that 40 million Americans are hungry every day. The federal government is looking at including school meals as part of their federally sponsored program curricula. He encourages cities to allow for public kitchens to make scratch-made food, community gardens for fruit and vegetable programs for low-income families, and shared kitchens to help with preparing and delivering more nutritious food to the community. He asked delegates to tell their Congressional member not to cut SNAP. The program provides an affordable $2 per meal.

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8 n) Fireside Chat with NLC Second Vice President Sharon Weston Broome, Mayor Baton Rouge, LA, and American Planning Association President Angela Brooks on Housing: Speakers discussed the housing crisis. Zoning reform is needed. There is a need to modernize legacy codes from 50 years ago. The assumptions of single-family communities and multi-family housing need to shift. Many communities are inaccessible, which impacts low-income and Black, Indigenous, and People of Color (BIPOC) communities. Working-class and college grads are priced-out. Cities need to change the way they feel about single-family zoning and cannot protect it any longer to allow more opportunities for housing.
o) Marcia Fudge, Director of Housing and Urban Development: Secretary Fudge discussed the crisis in housing and homelessness. She believes every child deserves a home. Their future helps us grow as a nation and economy. Cities and states are flush with money. The country has a housing shortage of one-million. She states that gentrification has made it difficult to build housing. Cities need to change zoning laws. The White House has an emphasis to build more senior housing. Many seniors are becoming homeless. The proposed White House budget has a down payment assistance program and low-percentage loans. They are considering CDBG grants to assist with housing opportunities.
p) Fireside Chat with President Woodards and Siemens Corporation CEO Barbara Humpton on workforce development: The speakers both agreed that good jobs lead to great cities. In support of the President Woodards’ Leadership Agenda on jobs creation, Siemens is sponsoring an 18-month program in partnership with the U.S. Department of Labor. The program will consist of a 12-city cohort and focus on next-generation infrastructure. The program will work with young people from each community to develop equitable pathways to good jobs through education, apprenticeships, and training. Applications are open. Future cohorts are expected. q) Discussion with Executive Director Anthony and retired Mayor Steve Benjamin Columbia, SC: Former Mayor Benjamin provided reflections on his service as mayor. He reminded delegates to practice self-care and maintain relationships with friends and family. He emphasized that in working with your council colleagues, everyone has a different opinion. Try to find consensus to accomplish goals together. More importantly respect “majority rules.” The former mayor will soon be joining the White House as a Special Advisor on local government.
r) Former New Orleans Mayor, Mitch Landrieu, White House Advisor on the Bipartisan Infrastructure Act (BIL): The speaker discussed the largest Item No.16A

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8 infrastructure investment in history. The BIL has delivered 20,000 projects in clean infrastructure, manufacturing, roads, bridges, clean buses, internet access, and more. It has created 12.4 million jobs, 800,000 of which are in manufacturing. Over 10 million in applications for small businesses have been received and $400 billion in private-sector investments have been made. The White House is now embarking on a new challenge, which is to train people and create more jobs.
s) Jill Biden, First Lady of the United States: The First Lady thanked local leaders for supporting education. She has been traveling the country on a Workforce Training Tour. She urges delegates to ask their states to create College Promise programs to make higher education accessible. She recommends local high schools work with colleges to create dual education programs, which will allow students to get college courses completed during high school. She is proud of the Biden Education Pathway program that allows for more apprenticeship opportunities.

D. Breakout Sessions Attended:

1. First Time Attendee Lunch and NLC 101

2. Mayors’ Education Task Force

3. American Rescue Plan Act: (ARPA) Implementation in Your Community:

Sharing Successes and Lessons Learned

4. Advancing Affordable Housing: Exploring Housing and Urban Development (HUD) Housing Programs for Cities and Towns

5. Charging Forward: Preparing for Electric Vehicle Charging in Your City

6. Recruiting and Retaining a Diverse Public Safety Workforce

7. Water Equity and Affordability: How Federal and Local Solutions Can Drive Innovation

8. Ready to Rebuild: Meeting Your City’s Transportation Goals with Federal Grants

9. Hill Day Training Workshop
E. National League of Cities 2023 Federal Advocacy Agenda President Woodards presented the NLC’s 2023 legislative priorities: (Attachment #2)

1. Make Government Work for Small Communities: Advocate for equal access for small cities and towns so they may be eligible for federal grant assistance at scale so the benefits of federal programs and policies reach all of America’s communities.

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8 2. Support A Local Workforce Pipeline: Advocate for investments in workforce development, training, and apprenticeship programs to ensure America’s communities have the skilled labor to complete these priority projects.

3. Build Safe and Healthy Communities: Advocate for policies and programs that support local climate action and a federal partner to address this critical issue.

4. Prevent Federal Overreach of Local Governments: Advocate for restoration of local authority over local telecommunication franchises, land use, and full municipal access to federal infrastructure programs. Contest unfunded mandates.

5. Increase Housing Supply and Stability: Urge Congress to provide more funding to help local communities address the housing crisis and maintain efforts even after current one-time programs wind down.

6. Support Local Economic Growth and Opportunity: Advocate for federal investments that catalyze local economic growth.

F. Special Presentations
a) NLC Capstone Award, City of Northglenn, CO and Huntington, WV The Cities of Northglenn and Huntington participated in the NLC Capstone program to address the local issue of homelessness. Both cities completed the program and implemented a pallet housing program.
b) Announcement of New Caucus Group
NLC has caucus groups to bring local leaders together to express themselves and the needs of their communities. These groups network, share best practices, and explore leadership. Caucus groups include the National Black Caucus, Hispanic Elected Leaders Organization, Asian Pacific American Municipal Officers, Lesbian Gay Bisexual Trans and Queer+ Local Officials, and Women in Municipal Government. A new group was formed and introduced- Local Indigenous Leaders Organization (LILO). The constituency group will integrate the needs and interests of indigenous and tribal leaders.
c) City Summit 2023, Atlanta, GA
Atlanta Mayor Andre Dickens and NLC Immediate Past President, Union City Mayor Vince William, officially invited delegates to the 2023 City Summit in Atlanta, GA. The summit will be held on November 15-18, 2023 at the Atlanta Convention Center. Registration is now open.

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8 G. NLC Congressional Hill Day
Councilmember Engler and Legislative Affairs Manager Layba participated in Hill Day on March 28, 2023 to support NLC priorities and present the 2023 Federal Advocacy Agenda. Over 15 California cites joined and met with legislative staff from the offices of Senators Feinstein and Padilla to discuss NLC’s priorities for cities.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goal:

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

PREPARED BY: Mina Layba, Legislative Affairs Manager
Attachments:

Attachment #1 – Federal Funding Interests, 2023
Attachment #2 – NLC 2023 Federal Advocacy Agenda Handout CMO:150-20\wl\ H:\COMMON\City Council\Council Items\2023 Staff Reports\042523\2023 National League of Cities (NLC) Congressional Cities Conference and Meeting with Congressional Memebers.docx Item No.16A

www.toaks.org
Federal Funding Interests 2023

1. Thousand Oaks Community EV Charging Stations: Seek federal funding to install high-capacity and standard EV charging stations at public sites throughout the community to support residents, including low-income and multi-family housing neighborhoods. These charging stations will be installed at public sites throughout the community such as libraries, parks, City Hall etc. They will provide essential electric charging access to both residents and vehicles traveling across the region and often across the state on U.S. 101 corridor connecting Los Angeles to regions north. TBD

2. Microgrids at Resilience Hub-Family Assistance Center: Seek federal funding to harden the Resilience Hub -Family Assistance Center (RHFAC .) The RHFAC consists of three contiguous municipal facilities (Senior Center, Teen Center and Library.) The purpose RHFAC is to provide a safe, secure and supportive environment for residents to obtain assistance, services , and even evacuation in the aftermath of a disaster (wildfire, earthquakes, etc.), pandemic (vaccine distribution, food distribution), inclement weather (cooling or warming centers) or emergency (Borderline m ass shooting). The installation of a battery energy storage system with accompanying microgrid electrical infrastructure will allow for off-grid autonomous operation of the FAC during natural disasters, poor weather, major emergencies, and power outages to assure they are functional. Total Cost-$4 Million (Requested $3 Million)

3. Microgrids Installation at City Water Pumps: Seek federal funding for microgrid installation at four water pumps stations. Water pump stations are critical to potable water, fighting wildfires, protecting structures and saving lives. Electric power deactivation impacts the ability to operate water pumps and respond to wildfires. Microgrids provide resilient power supply for emergency operations. Loss of power due to natural disaster or power outages could impair water utilities and wildfire response. During wildfires, utility companies temporarily turn off power to specific areas to reduce the risk of fires caused by electric infrastructure. Installation of onsite battery energy storage for emergency power backup will allow greater resiliency to operate autonomously off-grid during wildfires, and power outages.

Total Cost $3.5 Million (Requested $2.6 Million)

4. Stormwater Capture and Diversion Project : Seek federal funding for design, planning, engineering and construction for a stormwater capture and diversion project. Dry weather and wet weather runoff would be captured and diverted to be beneficially reused through a new diversion structure to the Las Virgenes Wastewater Treatment Plant (Tapia Treatment Plant.) Las Virgenes Municipal Water District (LVMWD) and Triunfo Water and Sanitation District (TWSD) will further treat the stormwater through their PURE Water project where the stormwater will be recycled and reused as a new source of potable water for their customers. Total Cost-$4 Million (Requested $3 Million)

5. Develop ADA Accessibility on Open Space Trails Plan and Pilot: Seek federal funding to develop a plan and implement pilot program to review accessibility on existing Conejo Open Space Conservation Agency (COSCA ) trails. COSCA’s staff has limited expertise in accessibility and would like to retain a consultant to engage the community, open space users and stakeholders on accessibility improvements.

COSCA’s goals for an accessibility program are to provide improved access at key locations, work with the accessibility community, develop creative solutions to access barriers, and ensure projects allow visitors to engage with a quality outdoor experience. -$500K
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- James Crum,
P.E., Vice President
Van Scoyoc Associates
800 Maine Avenue, SW; Suite 800
Washington, DC 20024
[email protected]
(202) 638-1950
Mayor
Kevin McNamee
Councilmembers
Albert C. Adam
Mayor Pro Tempore,
Robert Engler
David Newman
Mikey Taylor
City Manager
Andrew Powers
Mina M. Layba,
Legislative Aﬀairs Manager
City of Thousand Oaks
2100 E. Thousand Oaks Blvd.

Thousand Oaks, CA 91362
[email protected]
(805) 449-2109
ATTACHMENT #1
Item No.16A

www.toaks.org
T
he City of Thousand Oaks incorporated in 1964 without a general municipal property tax. Sales tax remains the primary source of revenue. This sales tax combined with fees, service charges, transient occupancy tax, vehicle license fees, business licenses, and investment earnings support government operations and services to the community.

Current Status
Thousand Oaks is a low tax City. Despite the impacts of the Great Recession and the dissolution of redevelopment agencies, the economy has made modest improvements. The City has adapted to the new normal in its maintenance mode, with reductions in personnel and expenditures and little impact on core services to residents.

Potential Challenges
Although the local economy remains steady, with low
unemployment rate and rising median home prices, there
are potential impacts on the horizon that will challenge the City’s sustainability:
• Shift in sales from brick-and-mortar stores to online outlets negatively impacts local point-of sale transactions.
• State mandates with penalties to develop both affordable housing, and transitional housing for the unsheltered.
• Continued risk of wildfires and drought.
• M
aintenance costs outpacing Streets and Roads Fund and Lighting and Landscaping Fund. • Costs to comply with Storm Water and Wastewater Permits. • Costs to comply with solid waste diversion mandate.
• C
osts of pension obligations continue to grow.

T
housand Oaks City Snapshot
Thousand Oaks rests between Los Angeles and Santa Barbara in southern Ventura County, California. A General Law City with a Council/Manager Government.
o Population- 125,426
o 56 square miles
o Surrounded by 35% designated open space
o Five-member Council selected from the city at large
o Councilmembers serve four-year staggered terms
o Appoints Mayor, City Manager, City Attorney, and Commission members
o Responsible for adopting budget, enacting legislation, and basic City policy
Federal and State Funding
Impacts
Federal Changes Impacting Cities
• Continual reductions to Community
Development Block Grants impact
services to low-income residents
and affordable housing projects.

St
ate Level Changes Impacting Cities
• Dissolution of local redevelopment
agencies shifted property tax
increment revenue to the State.
• Suspension of State-mandated
funding, elimination of State library
funding, and takeaway of motor
veh
icle license fee revenues.
• Unfunded mandates to produce
both affordable housing units, and
transitional housing for the
u
nsheltered.
• State’s current $22.5 Billion deficit.

CMO:150-20\wl\H:\COMMON\City Council\Council Items\2023 Staff Reports\042523\Attch 1 Federal Funding Interests 2023.pdf Item No.16A

* NLC
NATIONAL CONGRESSIONAL March
LEAGUE

OF CITIES

CITY CONFERENCE
EXECUTIVE EDUCATION AND PRE-CONFERENCE ACTIVITIES MARCH 24-2S, 2023 26-28
*
Capitol Hill Advocacy Day Messaging Guide
Congress has provided an unprecedented opportunity for local governments to access federal funds to invest in areas like infrastructure improvement, local economic recovery, climate and energy initiatives and more to improve the quality of life for their residents. It is imperative to thank your member of Congress for supporting local access to federal funds and to share how your city, town or village is implementing or planning to implement programs authorized by the following bills: Infrastructure Investment and Jobs Act, American Rescue Plan Act, Chips and Science Act, Inflation Reduction Act.

Make Government Work for Small Communities
About 76% of America's cities, towns and villages have a population below 5,000. These communities are stakeholders in solving national challenges and continue to increase their capacity to utilize federal programs. They must continue to be eligible and prepared for federal grants so the benefits of federal programs and policies reach all of America's communities. • Support the Simplifying Grants Act of 2023 [H.R. 914]: This bill authorizes the Director of the Office of Management and Budget to work with the head of each granting agency to simply the grants process, making it easier for small and rural communities to access federal funds. It has been referred to the House Committee on Oversight and Accountability. Sponsor: Rep.

Scott Franklin (R-FL-18).

Build Safe and Healthy Communities
The Infrastructure Investment and Jobs Act and the Inflation Reduction Act provided significant investments to strengthen infrastructure, address climate change and make communities more resilient.
• Support The Sarah Debbink Langenkamp Active Transportation Safety Act of 2023: This legislation sensibly unlocks 100% federal safety program funds to empower local governments to build safer, more complete connections for biking and walking infrastructure. Sponsors:

Rep. Blumenauer (D-OR), Rep. Raskin (D-MD).
• Support The Railway Safety Act of 2023 [S.576]: This bipartisan bill address rail safety in response to the tragic derailment in East Palestine, OH, earlier this year. NLC supports passage of rail safety actions by Congress which would ensure safer rail operations, reduce derailments and reduce blocked crossings in communities. Sponsors: Sen. Brown (D-OH), Sen. Vance (R-OH), Sen. Casey (D-PA), Sen. Rubio (R-FL), Sen. Fetterman (D-PA), Sen.

Hawley (R-MO).
• Support Long-Term NFIP Reauthorization: Since 2017, the National Flood Insurance Program (NFIP) has experienced 25 short-term extensions and three lapses. Passing a long term reauthorization of the NFIP is critical to ensuring the insurance program is available to protect homeowners and businesses from the risk of flooding for several years to come. We ATTACHMENT #2
Item No.16A

urge Congress to pass a long-term reauthorization of the NFIP to prevent the potential loss of 5 million flood insurance policies and current and future policyholders losing confidence in the program. NLC recently submitted comments to the House Financial Services Committee for their hearing on the reauthorization of this program.
• Support Reauthorization of the Energy Efficiency and Conservation Block Grant (EECBG) [H.R. 1520]: The EECBG program is a vital tool used by cities, counties and states throughout the U.S. to promote energy efficiency, increase energy independence and reduce greenhouse gas emissions. Reauthorizing this program will provide much needed resources to increase and expand state and local sustainability and climate action. The stability of funding is almost as important as the funding level, since the predictability of funding enables cities to build capacity and plan for future investments and sustained programs. Sponsors: Rep.

Stanton (D-AZ), Rep. Veasey (D-TX), Rep. Fitzpatrick (R-PA), Rep. Van Drew (R-NJ).

Prevent Federal Overreach of Local Governments
Federal preemption of local authority threatens the ability of local leaders to balance budgets and maintain key public services. In recent years, limitations on the ability of local governments to negotiate fair communications franchises, govern the placement of telecommunications equipment on city streets and poles and to own and operate broadband infrastructure and services have encroached on local efforts to close the digital divide. • Support the Protecting Community Television Act [S. 3361/H.R. 907]: This bill clarifies that the franchise fees cable companies provide to local governments only include monetary assessments, not in-kind contributions. It rolls back harmful preemptive Federal Communications Commission (FCC) regulation from 2019 that allowed cable companies to deduct the market value of in-kind franchise obligations, which benefit schools, public safety buildings, and public, educational, and government (PEG) channels, also known as community television stations. Sponsors: Sen. Markey (D-MA), Sen. Baldwin (D-WI), Rep. Eshoo (D CA), Rep. DeFazio (D-OR).

Support Local Economic Growth and Opportunity
Economic development is achieved by investment in the economic, human, and physical infrastructure in an economic region, and should improve the capacities of local economies to thrive and support municipal services.
• Support the Farm Bill Reauthorization: Congress is expected to reauthorize the Farm Bill this year before it expires on September 30, 2023. NLC advocates for Congress' continued support for programs and policies in this legislation essential to local economic success and quality of life through important titles such as Rural Development Title, Nutrition Title and the Conservation Title.
• Support Innovation with Federal Aviation Administration (FAA) Reauthorization:

Congress is holding hearings in the House and Senate to reauthorize the nation's FAA programs. Airports are critical to America's communities and new Advanced Air Mobility (AAM) options are ramping up across the country. Through this reauthorization, we ask Congress to modernize aviation funding, increase national access to aviation through essential air service, plan for safe integration of AAM and drones with communities, and decrease conflict and risks with modern air space management.

Spread the word - share photos from your meetings on social media! @leagueofcities #CCCNLC #CCC23
CMO:150-20\wl\H:\COMMON\City Council\Council Items\2023 Staff Reports\042523\Attch 2 NLC 2023 Federal Advocacy Agenda Handout.pdf Item No.16A

Thousand Oaks City CouncilApril 25, 2023

Thousand Oaks City Council
April 25, 2023