Thousand Oaks City Council
May 9, 2023

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF THOUSAND OAKS INITIATING PROCEEDINGS

FOR ANNUAL LEVY OF ASSESSMENTS FOR

THOUSAND OAKS LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO. 79-2 (FISCAL YEAR
2023-24)
WHEREAS, the City Council has, by previous Resolutions, formed the Thousand Oaks Landscape and Lighting Assessment District No. 79-2 (hereinafter referred to as the "District") pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the "Act"), that provides for the levy and collection of assessments by the County of Ventura for the City of Thousand Oaks to pay the maintenance and services of lighting and landscaping improvements, and appurtenant facilities and operations related thereto; and
WHEREAS, the City Council has retained Webb Municipal Finance, LLC (hereinafter "Assessment Engineer"), to prepare and file the Engineer's Report (hereinafter referred to as the "Engineer's Report") with the City Clerk for the purposes of establishing ongoing annual assessments, in accordance with the Act and the provisions of the California Constitution, Article XIIID.

NOW, THEREFORE, the City Council of the City of Thousand Oaks does hereby resolve as follows:

Section 1 The City Council hereby orders the Assessment Engineer to prepare and file with the City Clerk, the Engineer's Report concerning the establishment and levy of District assessments for
Fiscal Year 2023-24 in accordance with Chapter 1, Article 4, commencing with Section 22565 of the Act.

Section 2 The proposed District improvements and zones for Fiscal Year 2023- 24 are substantially the same as the improvements and zones previously approved and adopted by the City Council, including the maintenance, operation and furnishing of services and materials for public lighting facilities including, but not limited to, street lights, traffic signals and safety lights at intersections, landscaped areas including open space areas, parkways, slopes and medians within the public rights-of-way including, but not limited to, trees, shrubs, turf and other ornamental vegetation, drainage and irrigation systems, fence repair, ATTACHMENT #3
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and other appurtenant facilities. The Engineer's Report shall generally describe District improvements including those improvements to be maintained within the territory to be annexed into the District.

PASSED AND ADOPTED this 9th day of May, 2023, by the following vote:

Ayes:

Noes:

Absent:
________________________________
Kevin McNamee, Mayor
City of Thousand Oaks, CA
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.10G

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF THOUSAND OAKS DECLARING ITS

INTENTION TO LEVY ANNUAL ASSESSMENTS

FOR THOUSAND OAKS LANDSCAPE AND
LIGHTING ASSESSMENT DISTRICT NO. 79-2
(FISCAL YEAR 2023-24)
WHEREAS, the City Council has, by previous Resolutions, formed the Thousand Oaks Landscape and Lighting Assessment District No. 79-2 (hereinafter referred to as the “District”) and initiated proceedings to levy annual assessments for Fiscal Year 2023-24, pursuant to the provisions of the Landscaping and Lighting Act of 1972, part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “Act”); and WHEREAS, the City Council has retained Webb Municipal Finance, LLC to prepare and file an Engineer’s Report (hereinafter referred to as the “Engineer’s Report”) with the City Clerk for the purposes of establishing ongoing annual assessments in accordance with the Act and the provisions of the California Constitution, Article XIIID; and
WHEREAS, the Engineer’s Report for Fiscal Year 2023-24 has been prepared and filed with the City Clerk and has been presented to the City Council for review and approval.

NOW, THEREFORE, the City Council of the City of Thousand Oaks does hereby resolve as follows:

Section 1 The City Council hereby declares that it is its intention to levy annual assessments for Fiscal Year 2023-24 over and including the land within the existing District boundary, to pay the costs of the operation, maintenance, and servicing of lighting, landscaping, and appurtenant facilities and operations related thereto pursuant to Chapter 3, Section 22624 of the Act, and the California Constitution, Article XIIID.

Section 2 The Engineer’s Report as presented has been reviewed by the City Council, and based on this review the City Council hereby makes the following determinations:
a. The District improvements and zones described in the Engineer’s Report are substantially the same as those improvements and zones previously approved and adopted by the City Council.

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b. The costs and expenses of providing the improvements have been budgeted for each of the District zones and the proportionate special benefit derived by each individual parcel assessed has been determined in relationship to the entirety of those costs and expenses.
c. The proposed assessments do not exceed the reasonable costs of the proportional special benefit conferred on each parcel. d. Only the special benefits have been assessed and a contribution has been made from City funds in the amount that exceeds any reasonable general benefit to properties outside the district or to the public at large.
e. The assessments do not exceed the maximum annual
assessments previously authorized to be levied for the District and the zones therein.

Section 3 The Preliminary Engineer’s Report for Fiscal Year 2023-24 as presented is hereby approved for content and it is the intention of the City Council to levy and collect the proposed assessments so described for Fiscal Year 2023-24.

Section 4 The proposed improvements within the District include the maintenance, operation, and the furnishing of services and materials for public lighting facilities including, but not limited to, street lights, traffic signals and safety lights at intersections, landscaped areas including open space areas, parkways, slopes and medians within the public rights-of-way including, but not limited to, trees, shrubs, turf and other ornamental vegetation, drainage and irrigation systems, fence repair, and other appurtenant facilities. The Engineer’s Report provides a full description of the improvements and the assessments connected therewith for the District.

Section 5 The boundaries of the District are within the boundaries of the incorporated City Limits of the City of Thousand Oaks, within the County of Ventura, State of California, and are designated as Thousand Oaks Landscape and Lighting Assessment District No. 79-2. The District includes forty-three (43) distinct Landscape Benefit Zones (including subzones): Zones 1 through 39; and six (6) Lighting Benefit Zones: Zones A through F. The District and zones within the District are more fully described in the Engineer’s Report.

Item No.10G

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Section 6 The proposed assessments for each parcel within the District shall be calculated in accordance with the method of apportionment established for the District and owners in accordance with the California Constitution, Article XIIID. The method of apportionment and the proposed assessment rates are documented in the Engineer’s Report.

Section 7 The City Council hereby declares its intention to conduct a Public Hearing concerning the levy of assessments for the District in accordance with Government Code Section 54954.6 Chapter 3, Section 22625 of the Act. At the Public Hearing, interested persons shall be permitted to present written and/or oral testimony.

Section 8 Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Tuesday, June 6, 2023, at 6:00 p.m., or as soon thereafter as feasible, in the City Council Chambers, located at 2100 Thousand Oaks Boulevard, Thousand Oaks.

PASSED AND ADOPTED this 9th day of May, 2023, by the following vote:

Ayes:

Noes:

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

Office of the City Attorney
_________________________________
Tracy Friedl, Assistant City Attorney
Item No.10G

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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.10G

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF THOUSAND OAKS APPROVING THE
PRELIMINARY ENGINEER’S REPORT FOR THE

ANNUAL LEVY OF ASSESSMENTS FOR

THOUSAND OAKS LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO. 79-2 (FISCAL YEAR
2023-24)
WHEREAS, the City Council has, by previous Resolutions, formed the Thousand Oaks Landscape and Lighting Assessment District No. 79-2 (hereinafter referred to as the “District”), and initiated proceedings for the levy of annual assessments for Fiscal Year 2023-24, pursuant to the provisions of the Landscaping and Lighting Act of 1972, part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “Act”); and
WHEREAS, the City Council has retained Webb Municipal Finance, LLC (hereinafter “Assessment Engineer”), to prepare and file an Engineer’s Report (hereinafter referred to as the “Preliminary Engineer’s Report”) with the City Clerk for the purposes of establishing ongoing annual assessments and formulating and establishing the annual assessments related thereto, in accordance with the Act and the provisions of the California Constitution, Article XIIID; and WHEREAS, there has now been presented to the City Council a Preliminary Engineer’s Report in connection with the levy of annual assessments, changes in District improvements and the proposed assessments related thereto commencing in Fiscal Year 2023-24; and
WHEREAS, the City Council has carefully examined and reviewed the Preliminary Engineer’s Report as presented, and each of the items and documents as set forth therein, and is satisfied that the proposed assessments for the existing District Zones have been spread in accordance with the benefits received from the operation, maintenance and service of the improvements to be performed in connection thereto for Fiscal Year 2023-24.

NOW, THEREFORE, pursuant to Chapter 3, Section 22623 of the Act, and the California Constitution, Article XIIID, and City Council of the City of Thousand Oaks does hereby resolve as follows:

Section 1 The above recitals are true and correct.

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3 1
3 9
Section 2 The Preliminary Engineer’s Report as presented, consists of the following:
a. A description of the District and the improvements to be maintained.
b. The proposed assessment amounts for each of the existing District Zones.

Section 3 The Preliminary Engineer’s Report is hereby approved and is hereby ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to the public inspection.

Section 4 That the City Clerk shall certify to the passage and adoption of this Resolution and the minutes of this meeting shall so reflect the presentation of the Preliminary Engineer’s Report.

PASSED AND ADOPTED this 9th day of May, 2023, by the following vote:

Ayes:

Noes:

Absent:

________________________________
Kevin McNamee, Mayor
City of Thousand Oaks, CA
ATTEST:
_________________________________
Laura B. Maguire, City Clerk
Date Attested: ____________________
APPROVED AS TO FORM:

Office of the City Attorney
_________________________________
Tracy Friedl, Assistant City Attorney
Item No.10G

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3 1
3 9
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.10G

Annexation Engineer’s Report
Fiscal Year 2023-24
City of Thousand Oaks
Landscape and Lighting Assessment District No. 79-2
Prepared For
May 2023
ATTACHMENT #6
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Table of Contents
Sections
Section i. Engineer’s Statement _______________________________ _________________ i Section 1. Plans and Specifications____________________________ __________________ 1 Section 2. Method of Assessment Apportionment _________________ ________________ 7 Section 3. Cost Estimates _____________________________________ _______________ 15 Tables
Table 2-1. Landscaping Equivalent Benefit Unit Summary ________ ___________________ 13 Table 2-2. Lighting Equivalent Benefit Unit Summary ___________ ___________________ 13 Table 3-1. Fiscal Year 2023-24 Annexation Territory Zone E Ligh ting Cost Estimates ______ 15 Table 3-2. Fiscal Year 2023-24 Annexation Territory Zone F Ligh ting Cost Estimates ______ 16 Appendices
Appendix A. Assessment Diagram ______________________________________________ A-1 Appendix B. Assessment Roll __________________________________________________ B-1 Item No.10G

i. Engineer’s Statement
City of Thousand Oaks Landscape and Lighting Assessment District No. 79-2 Annexation Engineer’s Report for Fiscal Year 2023-24 i
AGENCY: CITY OF THOUSAND OAKS
PROJECT: LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 79-2 ANNEXATION TO: CITY COUNCIL

CITY OF THOUSAND OAKS

STATE OF CALIFORNIA
S
ECTION 1 PLANS AND SPECIFICATIONS of the improvements to be maintained and/or improved for the Fiscal Year. The plans and specifications show and describe the existing improvements and are sufficient in showing and describing the general nature, location and extent of the improvements.

S
ECTION 2 The METHOD OF ASSESSMENT APPORTIONMENT calculates the receipt of special benefit and the general benefit derived from the installation and maintenance and servicing of the respective improvements located throughout the Annexation Territory, and the methodology used to apportion the total assessment to the properties within the annexation.

S
ECTION 3 A C OST ESTIMATE of the improvements to be maintained and/or improved for the mentioned Fiscal Year.

SECTION 4 An ASSESSMENT DIAGRAM of the Annexation Territory. Said Diagrams shall show the exterior boundaries of the District and the boundaries of the Annexation Territory within the District.

Reference is made to the County Assessor's Maps for a detailed description of the lines and dimensions of any lots or parcels. The lines and dimensions of each lot shall conform to those shown on the County Assessor's Maps for the Fiscal Year to which the Report applies.

S
ECTION 5 An ASSESSMENT ROLL showing the proportionate amount of the assessment to be charged in proportion to the benefits to be received by each lot or parcel within the boundaries as shown on the below-referenced Diagram.

Item No.10G

City of Thousand Oaks Landscape and Lighting Assessment District No. 79-2 Annexation Engineer’s Report for Fiscal Year 2023-24 ii
i. Engineer’s Statement
WHEREAS, on May 9, 2023, the City Council, under the Act, adopted its Resolution Initiating Proceedings for the Annexation of Territory into the District and the Annual Levy of Assessments and Ordering the Preparation of an Annexation Engineer’s Report for LLAD No. 79-2;
WHEREAS, the Resolution of Initiation directed Webb Municipal Finance, LLC, to prepare and file a report presenting plans and specifications describing the general nature, location, and extent of improvements to be maintained; an estimate of the costs of the maintenance, operations, and servicing of the improvements for the Annexation Territory within LLAD No. 79-2 for the referenced Fiscal Year; a diagram for LLAD No. 79-2 showing the area and properties to be annexed and assessed; and an assessment of the estimated costs of the maintenance, operations, and servicing of the improvements, assessing the net amount upon all assessable lots and/or parcels within the Annexation Territory within LLAD No. 79-2 in proportion to the special benefit received;
NOW THEREFORE, the assessments are made to cover the portion of the estimated costs of maintenance, operation and servicing of said improvements to be paid by the assessable real property within the Annexation Territory in proportion to the special benefit received.

Item No.10G

i. Engineer’s Statement

City of Thousand Oaks Landscape and Lighting Assess ment District No. 79-2 Annexation Engineer’s Report for Fiscal Year 2023-24 iii

I, Matthew E. Webb, a Professional Civil Engineer ( employed at Albert A. Webb Associates and retained through an agreement between Webb Municipal Finance, LLC an d my employer), acting on behalf of the City of Thousand Oaks, pursuant to the Act do hereby assess and apportion the total amount of the costs and ex penses upon the parcels of land within the Annexation Territory into Landscape and Lighting Assessment District No. 79- 2 liable therefore and benefited thereby, in propor tion to the estimated benefits that each parcel rec eives, respectively, from said maintenance, works of improvement, and appurtenances.

Executed this day of 20 23.

Final approval, confirmation and levy of the annual assessment and all matters in the Engineer's Report were made on the day of 20 23, by adoption of Resolution No. By City Council.

CITY CLERK

CITY OF THOUSAND OAKS

STATE OF CALIFORNIA

A copy of the Assessment Roll and Engineer's Report were filed in the City Clerk’s Office on the day of , 20 23.

CITY CLERK

CITY OF THOUSAND OAKS

STATE OF CALIFORNIA

ALBERT A. WEBB ASSOCIATES

MATTHEW E. WEBB
PROFESSIONAL CIVIL ENGINEER NO. 37385

ENGINEER OF WORK

ON BEHALF OF THE CITY OF THOUSAND OAKS ,

STATE OF CALIFORNIA

Item No.10G

1. Plans and Specifications

City of Thousand Oaks Landscape and Lighting Assess ment District No. 79-2 Engineer’s Report for Fiscal Year 2023-24 1

Introduction
The City of Thousand Oaks (“City”) annually levies and collects special assessments on parcels within the Landscape and Lighting Assessment District No. 79-2 (“District”) in order to continue the maintenance of landscape and lighting improvements within the Dist rict. The District was formed in 1979 and is levied annually, pursuant to the Landscape and Lighting Ac t of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the “1972 Act”) and the provisio ns of the California Constitution Article XIII D, a dded by Proposition 218.

The Annexation Engineer’s Report (“Report”) describ es the District, any changes to the District includ ing any territories to be annexed, modifications to the imp rovements or zones, and the proposed assessments fo r Fiscal Year 2023-24. The maintenance, operation and servicing of the improvements associated within sp ecific areas of the District that provide a special benefi t to the properties in that area are identified as Zones. The costs of the improvements and services are identified and budgeted separately for each Zone, and each parcel within a Zone is assessed proportionately for only those improvements and services that are a special benefit to the properties within the Zone. The budgets and annual assessments are based on the City’s estimated cost to maintain the improvements that provide special b enefits to properties within the District and the s pecific Zones therein. For Fiscal Year 2023-24 the District consists of forty-three (43) landscape benefit Zon es (including Sub-Zones) and six (6) lighting benefit Zones (Zones A through F). The territory proposed t o be annexed into the District is being proposed to annex into the existing Zones E and F for Lighting.

The word “parcel”, for the purposes of this Report, refers to an individual property assigned its own Assessment Parcel Number by the Ventura County Asse ssor’s Office. The Ventura County Auditor/Controlle r uses Assessment Parcel Numbers and specific Fund Numbers to identify properties assessed for special district benefit assessments on the tax roll.

At a noticed public hearing, the City Council will consider public comments and written protests regar ding the annexation of territory into the District. Upon con clusion of the public hearing, property owner protest ballots received will be tabulated to determine whether a m ajority protest exists. The City Council will confi rm the results of the balloting once the ballot tabulation is completed. If a majority protest exists, further proceedings to implement the proposed annexation of territory shall be abandoned at that time. If tabulation of the ballots indicates that a majority protest does not exist fo r the proposed annexation of territory, the City Co uncil may adopt this Report and confirm the annexation of ter ritory as presented herein. In such case, the asses sment information will be submitted to the County Auditor /Controller and included on the property tax roll f or each parcel in Fiscal Year 2023-24.

Historical Background and Current Legislation
Pursuant to the 1972 Act, the City Council conducts a public hearing annually to accept public comment s and testimony, to review the Report and approve the assessments to be levied on the County tax roll for that fiscal year. The assessments adopted by the City Council a re prepared in accordance with the 1972 Act and the provisions of the California Constitution.

In Fiscal Year 1998/1999 the improvements provided by the District, the costs associated with those improvements and the benefiting properties were clo sely reviewed and evaluated. At that time, the Dist rict was reengineered to more accurately identify specific areas of special benefit within the District. Various tracts and developments were grouped into zones of benefit (hereafter referred to as “Zone” or “Zones”) based on levels of service, similarity of improvement types, and proximity to the improvements. Subzones (e.g., A and B) typically distinguish between properties that re ceive different levels of special benefit within a Zone (e.g. properties on public versus private streets). In ad dition, the method of apportioning District costs ( Equivalent Benefit Unit method of apportionment) was reviewed and expanded to provide a more comprehensive Item No.10G

1. Plans and Specifications

City of Thousand Oaks Landscape and Lighting Assess ment District No. 79-2 Engineer’s Report for Fiscal Year 2023-24 2

method of calculating the weighted proportional ben efit that various types of property receive from th e improvements. This reengineering established a more accurate reflection of the special benefits convey ed to each parcel within the District.

In compliance with the provisions of the California Constitution Article XIIID (Prop 218), the assessm ents established for each Zone and presented to property owners for approval in Fiscal Year 1998/1999, incl uded an assessment adjustment formula. This adjustment f ormula was established to account for ordinary and reasonable increases in annual costs due to inflati on thereby reducing the expense associated with re- approval (noticing, mailing, and balloting) for sma ll and limited cost increases in the future. This a ssessment adjustment formula allows the City Council to annually increase the maximum assessment rates by the greater of inflation (based on the Consumer Price Index — C PI) or three percent (3%). A property owner protest ballot proceeding was conducted for the proposed assessmen ts applicable to the thirty-five landscape benefit zones and six lighting benefit zones that existed within the District at that time. On June 9, 1998 the prop erty owner protest ballots were tabulated, and the results of the ballot tabulation indicated property owner appr oval of the proposed District assessments and assessment range formula.

Subsequently, in Fiscal Year 1999/2000, additional territory was annexed to the District pursuant to p roperty owner protest ballot proceeding and two new Landsca pe Zones were established bringing the total number of Landscape Zones to thirty-seven.

In Fiscal Year 2000/2001, a supplemental engineer's report for Landscape Zone 32 (Dos Vientos) was presented to the City Council that addressed an exp ansion of the landscape improvements within the Zon e and a proposed increased assessment to cover the as sociated costs. Ballots for the assessment increase were presented to the property owners of record and at t he May 2, 2000 public hearing, the City Council determined that majority protest did not exist and approved the establishment of two Sub- Zones (A and B) within Landscape Zone 32 and the corresponding new maximum assessments for the Zone commencing with Fiscal Year 2000/2001.

For Fiscal Year 2003/2004, additional territory was annexed to the District. A supplemental engineer’s report was prepared in connection with this annexation and property owner protest ballot proceedings were conducted. The ballot tabulation indicated property owner approval of the proposed assessments and the assessment range formula presented. On February 4, 2003 the City Council approved the supplemental engineer’s report for the annexation of new territories including the establishment of a new landscape benefit zone designated as Landscape Zone 38.

For Fiscal Year 2004/2005, the City initiated proceedings and conducted a property owner protest balloting for new assessments related to the annexation of additional territories to the District as well as the reorganization of the District’s existing Landscape Zone 37 (Split into Zone 37A and Zone 37B). A supplemental engine er’s report was prepared in connection with this proceeding. Upon the conclusion of the public hearing on January 13, 2004, the ballots returned were tabulated and i ndicated property owner approval of the proposed assessments and assessment range formula presented. The City Council approved the supplemental engineer’s report for the annexation of new territories including the establishment of a new landscape benefit zone designated as Landscape Zone 39 and the reorganization of Landscape Zone 37.

For Fiscal Year 2005/2006, the City annexed twelve (12) additional development projects to the Distric t. Each of these developments and the properties therein we re annexed into one of the existing lighting zones and five (5) of the developments were annexed into one of the existing landscape zones that reflect the development’s special benefit from the improvements provided.

For Fiscal Year 2006/2007, the City annexed twelve (12) additional development projects to the Distric t and increased the Maximum Approved Assessment Rate for Zone 37B. These developments and the properties therein were annexed into one of the existing light ing zones and two (2) of the developments were also Item No.10G

1. Plans and Specifications

City of Thousand Oaks Landscape and Lighting Assess ment District No. 79-2 Engineer’s Report for Fiscal Year 2023-24 3

annexed into one of the existing landscape zones th at reflect the development’s special benefit from t he improvements provided.

For Fiscal Year 2007/2008, the city annexed seven ( 7) additional development projects to the District. Each of these developments and the properties therein were annexed into one of the existing lighting zones.

For Fiscal Year 2009/2010, the City annexed four (4) additional development projects to the District. Two (2) of these developments and the properties therein were annexed into the existing Lighting Zone A, and two (2) of the developments and the properties therein were annexed into the existing landscape Zone 35.

For Fiscal Year 2010/2011, the City proposed to ann ex one (1) additional development project to the Di strict.

All twenty-two (22) parcels within the development were to be annexed into the existing Lighting Zone F.

Upon the conclusion of the public hearing on July 1 3, 2010, the ballots returned were tabulated and in dicated a majority protest resulting in the development not being annexed into the District.

For Fiscal Year 2012/2013, the City annexed a total of sixty-four (64) parcels into the District as fo llows; Lighting - nine (9) parcels to Zone A, six (6) parc els to Zone B, thirty-nine (39) parcels to Zone E a nd ten (10) parcels to Zone F. Landscape – five (5) parcels to Zone 13 and fifty-five parcels (55) to Zone 35.

For Fiscal Year 2013/2014, the City annexed a total of seventy-eight (78) parcels into the District as follows; Lighting – one (1) parcel to Zone E, and thirty-one (31) parcels to Zone F. Landscape – seventy- eight (78) parcels to Zone 35.

For Fiscal Year 2016/2017, the City annexed a total of three (3) parcels into the District as follows; Lighting – three (3) parcels to Zone E. Landscape – One (1) parcel to Zone 11.

For Fiscal Year 2020-21, the City annexed one (1) parcel into the District as follows; Lighting – one (1) parcel to Zone C. Landscape – one (1) parcel to Zone 28.

For Fiscal Year 2023-24, the City is proposing to a nnex three (3) parcels into the District as follows ; Lighting – one (1) parcel to Zone E and two (2) parcels to Zone F.

Improvements Authorized by the 1972 Act
As applicable or may be applicable to this proposed District, the 1972 Act defines improvements to mean one or any combination of the following:
• The installation or planting of landscaping;
• The installation or construction of statuary, fountains, and other ornamental structures and facilities; • The installation or construction of public lighting facilities; • The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities; • The maintenance or servicing, or both, of any of the foregoing; • The acquisition of any existing improvement otherwise authorized pursuant to this section.

Incidental expenses associated with the improvements including, but not limited to:
• The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment;
• The costs of printing, advertising, and the publishing, posting and mailing of notices; • Compensation payable to the County for collection of assessments; • Compensation of any engineer or attorney employed to render services; Item No.10G

1. Plans and Specifications

City of Thousand Oaks Landscape and Lighting Assess ment District No. 79-2 Engineer’s Report for Fiscal Year 2023-24 4

• Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;
• Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5; • Costs associated with any elections held for the approval of a new or increased assessment.

The 1972 Act defines "Maintain" or "maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
• Repair, removal, or replacement of all or any part of any improvement; • Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; • The removal of trimmings, rubbish, debris, and other solid waste; • The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.

Description of Improvements and Services
The District provides and ensures the continued mai ntenance and operation of landscaping, street light ing, graffiti abatement and related services within the public right-of-way in various areas throughout the City.

Improvements within the District generally include:
• Landscape improvements within the medians, parkways, entryways and open space areas within various Landscape Zones including street trees, turf, ground cover, shrubs, irrigation and drainage systems, sound walls, fencing, and necessary appurtenances; • Electrical costs and maintenance for street lighting improvements within specific subdivisions and streets adjacent to various residential and commercial developments.

Maintenance and Services
Maintenance includes the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement including but not limited to:
• Repair, removal, or replacement of all or any part of any improvements; • Grading, clearing, removal of debris, and the installation or construction of curbs, gutters, walls, sidewalks, paving, water, irrigation, drainage, or electrical facilities; • Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; • The removal of trimmings, rubbish, debris, and other solid waste; • The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti;
• Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements;
• Water for the irrigation of any landscaping, water features or the maintenance of any other related improvements.

The annual assessments levied for the District in w hole or in part fund the services, maintenance, ope rations and administration associated with the District imp rovements. Parcels that receive special benefits fr om the improvements within each Zone, share in the cost of the services and improvements associated with that Zone. The costs and assessments set forth in this R eport are based upon the City’s estimate of the exp enses related to the operation and maintenance of the Dis trict improvements including labor, personnel, util ities, equipment, materials, administration and incidental expenses.

For Fiscal Year 2023-24, the District consists of f orty-three (43) Landscape Zones (including sub-Zone s) and six Item No.10G

1. Plans and Specifications

City of Thousand Oaks Landscape and Lighting Assess ment District No. 79-2 Engineer’s Report for Fiscal Year 2023-24 5

(6) Lighting Zones. Each Landscape Zone includes pa rcels and subdivisions that are directly associated with specific landscape improvements that were installed as part of developing those properties or provide special benefits to those properties based on proximity to the improvements. The total amount to be assessed w ithin each Landscape Zone for the operation and maintenan ce of the improvements is equitably spread among th e benefiting parcels within that Zone only. Unlike th e Landscape Zones (that are correlated to specific parcels, developments or subdivisions), the six Lighting Zon es cover the entire City with each Zone representin g a geographical region of the City. However, within th ese Lighting Zones, only properties that benefit fr om local street lighting improvements (in-tract street light ing and/or adjacent street lighting) are assessed. Although local street lighting improvements are usually asso ciated with residential developments and subdivisio ns within each of the six Lighting Zones, there are so me commercial and rural residential properties that are assessed based on their benefit from local lighting . Parcels that receive special benefits from local lighting improvements are assessed proportionately for a por tion of the costs to provide the local street light ing. The balance of the local street lighting costs and ligh ting improvements that are considered general benef it are funded through Ad Valorem revenues.

Landscape Improvements and Services
Landscape improvements and services within the Dist rict may include graffiti abatement throughout all benefit zones, center median landscaping, parkway a nd slope landscaping, open space areas or public easement, weed abatement, and tree maintenance associated with the subdivisions and properties within the District. Each Zone consists of only properties, su bdivisions and developments that are associated wit h the improvements provided and maintained within the Zon e. The parcels assessed for special benefits are pa rt of a development or subdivision that originally instal led the improvements or are directly associated wit h the improvements through proximity. The specific improvements within each Zone vary, and may include, but are not limited to: the maintenance of ground cover, tu rf, shrubs, trees, fences, irrigation systems, drai nage systems, lighting systems, hardscapes, sidewalks, t rails and associated appurtenances within or adjace nt to specific landscaped areas or improvements.

Landscape improvements within the District are main tained and serviced on a regular basis. The frequen cy and specific maintenance and operations required wi thin the District and each Zone is determined weekl y by City staff. Parcels identified as being within a La ndscape Zone, share in both the cost and benefit of the improvements. The net costs associated with the imp rovements are equitably spread to parcels proportionately according to the special benefits r eceived and only parcels that receive special benef its are assessed.

District Lighting Improvements
Public street lighting exists throughout the City o f Thousand Oaks and the costs of maintaining and su pplying electricity for these lights are funded through bot h Ad Valorem revenues and special benefit assessmen ts.

Parcels, subdivisions and developments that receive special benefits from local street lighting (in-tr act street lighting and/or adjacent street lighting) are asses sed for only a portion of the street lighting costs associated with these improvements. The remaining local street lighting costs, street lighting and traffic signal s identified as general benefit are funded through Ad Valorem re venues and other revenue sources. For administrativ e purposes, the District is divided into six Lighting Zones that represent geographical regions of the C ity. Within each of these six zones, only parcels that receive special benefits from local street lighting are ass essed, each being assessed proportionately for the cost of providing local street lighting in their area.

Item No.10G

1. Plans and Specifications

City of Thousand Oaks Landscape and Lighting Assess ment District No. 79-2 Engineer’s Report for Fiscal Year 2023-24 6

Annexation Lighting Zones
• Zone E is located north of the Ventura Freeway (Hwy 101) in the eastern portion, east of the Thousand Oaks Freeway (Hwy 23). The property annexing into Z one E is located at 2080 Hillcrest Drive and consists of Tract No. 5946.
• Zone F is all areas north of the Ventura Freeway (H wy 101) and west of the Thousand Oaks Freeway (Hwy 23). The property annexing into Zone E is loca ted at 1551 Rancho Conejo Boulevard and 1489 Lawrence Drive and consists of DP 20-70095.

Item No.10G

2. Method of Assessment Apportionment

City of Thousand Oaks Landscape and Lighting Assess ment District No. 79-2 Engineer’s Report for Fiscal Year 2023-24 7

General
Pursuant to the 1972 Act, the costs of the District may be apportioned by any formula or method, which fairly distributes the net amount to be assessed among ass essable parcels in proportion to the estimated bene fits to be received by each such parcel from the improvements. The formula used for calculating special benefits within the District reflects the composition of the parcel s and the improvements and services provided to fai rly apportion the costs based on the estimated special benefit to each parcel. The Agency is required to i dentify all parcels which have special benefits conferred upon them and upon which an assessment will be imposed. The proportionate special benefit to each parcel shall be determined in relationship to the entirety of th e public improvement or the maintenance and operation expenses being provided.

Proposition 218 Compliance
In conjunction with the provisions of the 1972 Act, the California Constitution Article XIIID addresses several key criteria for the levy of assessments, notably:

Article XIIID Section 2(d) defines District as follows:
“District means an area determined by an agency to contain all parcels which will receive a special benefit from a proposed public improvement or property related service”; Article XIIID Section 2(i) defines Special Benefit as follows:

“Special benefit” means a particular and distinct b enefit over and above general benefits conferred on real property located in the district or to the public a t large. General enhancement of property value does not constitute “special benefit.”
Article XIIID Section 4(a) defines proportional special benefit assessments as follows:
“An agency which proposes to levy an assessment sha ll identify all parcels which will have a special b enefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit derived by each identified parcel shall be determined in re lationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the proper ty related service being provided. No assessment shall be imposed on any parcel which exceeds the reasona ble cost of the proportional special benefit conferred on that parcel.” This District was formed to establish and provide f or the improvements that enhance the presentation o f the surrounding properties and developments. These impr ovements will directly benefit the parcels to be as sessed within the District. The assessments and method of apportionment is based on the premise that the assessments will be used to construct and install l andscape and lighting improvements within the exist ing District as well as provide for the annual maintena nce of those improvements, and the assessment reven ues generated by the District will be used solely for such purposes.

The costs of the proposed improvements have been id entified and allocated to properties within the Dis trict based on special benefit. The improvements to be pr ovided by this District and for which properties wi ll be assessed, have been identified as an essential component and local amenity that provides a direct reflection and extension of the properties within the District whi ch the property owners and residents have expressed a high level of support.

The method of apportionment (method of assessment) set forth in the Report is based on the premise that each assessed property receives special benefits from th e landscape and lighting improvements within the Di strict, and the assessment obligation for each parcel reflects that parcel’s proportional special benefits as compared to other properties that receive special benefits.

To identify and determine the proportional special benefit to each parcel within the District, it is n ecessary to Item No.10G

2. Method of Assessment Apportionment

City of Thousand Oaks Landscape and Lighting Assess ment District No. 79-2 Engineer’s Report for Fiscal Year 2023-24 8

consider the entire scope of the improvements provi ded as well as the properties that benefit from tho se improvements. The improvements and the associated c osts described in this Report, have been carefully reviewed and have been identified and allocated bas ed on a benefit rationale and calculations that proportionally allocate the net cost of only those improvements determined to be of special benefit to properties within the District. The various public improvements and the associated costs have been identified as either “general benefit” (not assessed) or “special benefit”.

Benefit Analysis
The District improvements, associated costs and ass essments have been reviewed, identified and allocat ed to each assessed parcel based on special benefit pursu ant to the provisions of the California Constitutio n and the 1972 Act. The improvements provided by the District have been identified as necessary, required and/or desired for the orderly development of the properties within each respective Zone to their full potential, consistent with the proposed property development plans and applica ble portions of the City General Plan. Although the improvements include public street lighting, open s pace areas, landscaped parkways and medians availab le or visible to the public at large, the District improv ements are typically localized and the construction and installation of the improvements were only necessar y for the development of properties within the Dist rict or would have been required for property development i f the improvements were not pre-existing. In either case, the District improvements were not required nor necessarily desired by any properties or developments outside the various Zone boundaries. Therefore, any public access or use of these local improvements by others is incidental and there is no measurable general benef it to properties outside the District or to the pub lic at large.

The improvements for which properties are assessed directly enhance the desirability and security of t hose properties and the ongoing operation, servicing and maintenance of the improvements are a direct and s pecial benefit to the properties within the District. To t he extent that some District improvements may provi de similar benefits to properties outside the various Zone bou ndaries, the proportional costs associated with the “general benefit” components for that specific improvement a re funded by other sources and not included as part of the special benefit assessments. The proportional costs identified as “general benefit” are funded either by the General Fund or Ad Valorem revenues. The amount to be assessed against each parcel within the District represents only the parcel’s proportionate special benefit from the improvements.

Special Benefits of Landscaping
The improvements funded by the assessments in each Landscape Zone are specific to the maintenance and service of the improvements installed as part of th e individual tracts, developments, or neighborhoods within the Zone. The improvements funded by District asses sments have been identified as a special benefit to the properties assessed and provide no measurable gener al benefit to the public at large. Assessed parcels benefit by having local landscape improvements available fo r the enjoyment and safety of owners, patrons, cust omers, residents, tenants and their families, providing sp ecial enhancement of properties within the area. Th e City recognizes that some landscape improvements may enh ance the quality of life throughout the City, and t o this extent, the amount to be assessed to properties rec eiving special benefit have been reduced proportion ately in some Zones through the use of City Ad Valorem revenues.

The special benefits properties receive from local landscaping include:
• The aesthetic value of green space;
• Improved aesthetic appeal of nearby parcels;
• Enhanced adaptation of the urban environment within the natural environment; • Improved erosion resistance;
• Improved dust and debris control;
• Improved traffic circulation, driver awareness, and reduced accidents; • Reduced noise and air pollution (environmental enhancement); • Enhanced sense of pride within the development and community.

Item No.10G

2. Method of Assessment Apportionment

City of Thousand Oaks Landscape and Lighting Assess ment District No. 79-2 Engineer’s Report for Fiscal Year 2023-24 9

Special Benefits of Lighting
The special benefits of street lighting are the con venience, safety, and security of property, improve ments, and goods. Specifically:
• Enhanced deterrence of crime and aid to police protection; • Increased nighttime safety on roads and highways;
• Improved ability of pedestrians and motorists to see; • Improved ingress and egress to property;
• Reduced vandalism and other criminal acts and damage to improvements or property; • Improved traffic circulation and reduced nighttime accidents and personal property loss; • Increased promotion of business during nighttime hours in the case of commercial properties.

Assessment Methodology
Each parcel in the District is assigned a weighting factor known as an Equivalent Benefit Unit (EBU) t o identify the parcel’s proportionate special benefit from spe cific improvements. Each parcel’s EBU is calculated based on the parcel’s land use, development status and/or si ze as compared to other parcels that are associated with the improvements. A typical single-family residential p roperty is assigned an EBU of 1.00, and all other p roperty types are assigned an EBU proportionate to the spec ial benefits they receive as compared to this singl e-family residential property. The total EBU in a Zone is di vided into the total amount to be assessed (Balance to Levy) to establish the Levy per EBU (Assessment Rate). This assessment rate is then multiplied by the parcel’s individual EBU to establish the parcel’s levy amount.

The formulas for the method of apportionment are as follows:

Total Balance to Levy in Zone / Total EBU in Zone = Levy per EBU (Rate) for Zone Levy per EBU (Rate) x Parcel’s Calculated EBU = Pa rcel’s Levy Amount for Zone

Land Use Classifications
Every parcel within the District is assigned a land use classification based on available parcel infor mation obtained from the County Assessor’s Office and City records. It has been determined that a parcel size , development or development potential (planned devel opment) and a primary land use classification (i.e. , Residential versus Non-Residential or Vacant versus Developed) are the appropriate factors necessary to identify and calculate the proportional special benefits con veyed to each property within the District for the cost of improvements associated with that property. Parcels associated with the District improvements are assi gned one of the following land use classifications:

Residential Parcels — This classification may include, but is not limite d to: all subdivided residential tract lots (with or without structures); multiple-family resid ential properties including apartments and mobile-h ome parks; condominiums; rural/estate residential prope rties and any other property identified as a subdiv ided residential property. Because landscape improvements associated with residential properties are usually located on the perimeter of the development or residential subdivision, landscape improvements are typically associated with the entire development and provide substantially similar and equal benefits to each re sidential unit. Therefore, all residential properties are ass igned 1.00 EBU per unit for their proportional allo cation of the landscape improvement costs whether a residential u nit has been constructed or merely approved for development.

Similarly, for a typical residential tract developm ent with public street lighting within and adjacent to the development, the benefit to each residential property is reasonably equal and each residential parcel is assigned Item No.10G

2. Method of Assessment Apportionment

City of Thousand Oaks Landscape and Lighting Assess ment District No. 79-2 Engineer’s Report for Fiscal Year 2023-24 10

1.00 EBU. However, most other residential developme nts including rural residential properties, condomi nium developments, apartments, or residential developmen ts on private streets, the District maintained stre et lighting is usually limited to perimeter lighting a djacent to the development or the local public stre ets used to access the properties. Due to the reduced number of streetlights benefiting these properties and their proximity to District provided streetlights, these residentia l developments are assigned 0.25 EBU per unit (prov ided local street lighting exists near the development). In th ose cases where no local street lighting is associa ted with the residential property, (as is the case with many rur al residential properties) the parcel is not assess ed for street lighting.

Developed Non-Residential — This classification typically includes all develo ped properties that are not identified as residential properties and includes b oth publicly owned (non-taxable) and privately owne d properties. A property is considered developed, if the County Assessor’s Office has identified the property with a structure (assessed structural value) or a structur e is known to exist on the property. This classific ation may include, but is not limited to all types of commerc ial or industrial developments, churches or facilities utilized by other non-profit organizations, privately owned rec reational facilities, hotels, schools or government owned offices and facilities.

To establish a proportionate special benefit calcul ation (EBU) for developed non-residential propertie s, a correlation between residential developments and no n-residential developments has been established.

Although the development footprint per acre for non -residential properties is typically greater than t hat of residential properties a reasonable estimate of the direct and special benefits conveyed to developed non- residential properties would be a similar and equal benefit conveyed to the properties if they had bee n developed as residential. Within the City of Thousa nd Oaks, residential developments yield approximate ly 3.60 benefit units per acre on average. Therefore, devel oped non-residential properties are assigned 3.60 E BU per acre for landscape improvements, but a minimum of 1 .00 EBU per parcel (parcels less than 0.28 acres). For street lighting improvements, developed non-residen tial properties typically augment lighting in the surrounding area with their own lighting facilities (i.e. parking lot lights or security lights) and t heir benefit from local street lighting improvements closely resemble residential developments that provide their own st reet lighting such as condominium projects or apartments . Therefore, developed non-residential properties a re assigned 1.00 EBU per acre for street lighting, but a minimum of 0.25 EBU per parcel (parcels less tha n 0.25 acres).

Planned Residential Developments — This classification identifies properties that ar e currently vacant land and not fully subdivided, but have an approved specific -plan, tract map or tentative tract map where the n umber of proposed residential benefit units associated with the property can be quantified. Typically these pro perties are actively being developed and will be fully subdivid ed into the proposed number of residential lots in the near future. It has been determined that the proportiona l special benefit these parcels receive from landsc aping improvements is similar to fully subdivided residen tial properties and are assigned an EBU that reflec ts the planned number of benefit units. Because these prop erties have not been subdivided and local street li ghting improvements typically have not been completed, thi s type of property is assessed as a single resident ial lot for local street lighting improvements until the proper ty is actually subdivided or lighting facilities ar e constructed.

However, if the property is being balloted for a ne w or increased assessment the proposed maximum stre et lighting assessment amount presented to the propert y owner for approval shall be based on a weighted b enefit that reflects the planned number of benefit units.

Planned Non-Residential Developments — This classification identifies properties that ar e currently vacant land, but have an approved specific-plan, developme nt plan, parcel map or tentative map that clearly d efines the proposed subdivision and development of the pro perty where the net-acreage to be developed as non- residential (excluding easements or open space area s) is quantifiable. Typically these properties are actively being developed and the property has been fully sub divided or will be completely subdivided in the nea r future.

Item No.10G

2. Method of Assessment Apportionment

City of Thousand Oaks Landscape and Lighting Assess ment District No. 79-2 Engineer’s Report for Fiscal Year 2023-24 11

It has been determined that the proportionate speci al benefit this type of property receives from loca l landscaping improvements is similar to other fully subdivided developed non-residential properties and shall be assigned 3.60 EBU per acre (based on net acreage to be developed), eliminating any acreage identified as streets, open space or easements. On the other hand , because these properties have not been fully deve loped, they clearly have less benefit from local street li ghting than a fully developed property and therefor e shall be assessed 1.0 EBU per parcel regardless of the parce l’s acreage. However, for the purposes of balloting , the assessment presented to the property owner for appr oval shall be based on the parcel’s development at build- out. (Fully developed non-residential property at 1.0 EBU per acre).

Vacant Planned Developments — This classification identifies properties that are currently undeveloped (vacant land) that will be developed in whole or in part, b ut a specific development plan has not been determi ned or finalized (a specific plan, project plan, tract map or tentative tract map has either not been approve d or the actual number of residential units and/or nonreside ntial acres to be developed has not been quantified ).

Typically, these properties are not being actively developed, but may be part of a larger residential or non- residential development area. To reflect both the d evelopment status of these properties and overall development potential (considering possible streets , easements or open space), these properties are as signed

1.26 EBU per acre (gross acreage) for landscape imp rovements and 1.00 EBU per parcel for local street lighting (if they derive benefit for existing local street lighting).

Vacant Undefined Development — This classification identifies properties that ar e currently vacant land and there are no current development plans for the prop erty. This classification includes properties zoned for either residential use or non-residential use and may incl ude either publicly owned (nontaxable) or privately owned properties. Although these properties may be physic ally located within the boundaries of a benefit zon e, it has been determined that these properties receive no measurable special benefit from the existing improvements in their current development status. However, because these properties have been included within a Zone boundary it has also been determined that these pro perties may have future or potential special benefi ts from the Zone improvements. Therefore, these properties are subject to an assessment if, and when, their development status and land use classification chan ges. Although these parcels are not currently asses sed, any future assessment resulting from a land use change would not be considered a new or increased assessme nt and would not require property owner balloting and approval.

Exempt — Exempt from District assessments are the areas of public streets, private streets and other roadways, dedicated public easements, rights-of-way including public greenbelts and parkways (typically not assi gned an Assessor’s Parcel Number by the County) or any other such parcel including open space areas and channel-ways.

Also, exempted from the assessment would be utility rights-of-ways, common areas (such as in condomini um complexes), landlocked parcels, small parcels vacat ed by the County, bifurcated lots, and any other pr operty that cannot be developed or is a shared possessor i nterest by other properties that are assessed. These types of properties receive no direct benefit from the impro vements and receive no measurable special benefit f rom the continued operation and maintenance of those improvements.

Parks, open space areas, public schools, golf cours es or similar facilities by nature of their develop ment or use substantially enhance the landscaping amenities wit hin the District as well as provide recreational op portunities for the public. These properties add to the special benefits of other properties and any benefit these parcels might receive from either landscaping or lighting i mprovements are more general than special benefits and are therefore exempted from assessment.

Special Cases — In almost every District where multiple land use classifications are involved, there is usually one or more properties that the standard land use class ifications or usual calculation of benefit do not o r cannot accurately identify the special benefits the parcel receives from the improvements. These types of situations are considered special cases and the EBUs calculated fo r these properties are based on a combination of th e Item No.10G

2. Method of Assessment Apportionment

City of Thousand Oaks Landscape and Lighting Assess ment District No. 79-2 Engineer’s Report for Fiscal Year 2023-24 12

standard land use classifications. For example, a p arcel may be part of a planned development, but the parcel includes both planned non-residential and residenti al development. In this special case, neither the P lanned Residential Development nor the Planned Non- Reside ntial Development land use classification alone wou ld be appropriate to calculate special benefits, but applying the appropriate EBU calculation to the respective portions of the overall property development would establish an accurate identification of the parcel’s special benefit. In some cases, a property may actually fit a standard land use classification, but the usual method of ca lculating the parcel’s special benefits is clearly not approp riate. For example, a parcel may be identified as a Developed Non-Residential property, however, only a small per centage of the parcel’s total acreage is actually d eveloped.

In this case, an appropriate calculation of special benefit would be based on the net acreage utilized rather than the gross acreage of the parcel.

Item No.10G

2. Method of Assessment Apportionment

City of Thousand Oaks Landscape and Lighting Assess ment District No. 79-2 Engineer’s Report for Fiscal Year 2023-24 13

The following are the EBU factors applied to various property types for Landscaping:

Table 2-1

Landscaping Equivalent Benefit Unit Summary
Land Use EBU Factor
Residential 1.00 Unit
Multi-Family Residential 0.75 Unit
Developed Non-Residential (1) 3.60 Acre
Planned Residential Developments 1.00 Unit
Planned Non-Residential Developments 3.60 Acre
Vacant Planned Developments (2) 1.26 Acre
Vacant Undefined Developments 0.00 Parcel
Exempt (3) 0.00 Parcel
(1) Assigned 3.60 EBU per acre, with a minimum of 1.00 EBU per parcel. (2) Annual Assessment is calculated at 1.26 per acre, b ut for balloting purposes, assessments may be calculated at 3.6 per acre (anticipated buil d-out). (3) Exempt properties include only properties that cann ot be developed, common areas, open space areas, easements or other properties with res tricted development or identified as receiving no special benefit from the District impr ovements.

The following are the EBU factors applied to various property types for Street Lighting:

Table 2-2
Lighting Equivalent Benefit Unit Summary
Land Use EBU Factor
Residential Tract Parcels (Public) 1.00 Unit
Residential Tract Parcels (Private) (1) 0.25 Unit
Residential Condominiums (1) 0.25 Unit
Multi-Family Residential (1) 0.25 Unit
Rural Residential Parcels (2) 0.25 Unit
Developed Non-Residential (2)(3) 1.00 Parcel
Planned Residential Developments (4) 1.00 Parcel
Planned Non-Residential Developments 1.00 Parcel
Vacant Planned Developments (4) 1.00 Parcel
Vacant Undefined Developments 0.00 Parcel
Exempt (3) 0.00 Parcel
(1) Assessed for streetlights on nearby public streets used to access the property, not "in-tract" (private) lighting facilities). EBU reflects the pr oportional benefit from District provided street li ghting.

Mobile Homes and Mobile Home Parks are assigned an assessment, but it is covered by the General Fund per Council policy.
(2) Local street lighting is not applicable to this la nd use in all areas. Assessed only if the property receives direct benefit from local street lighting in the area. (3) Assigned 1.0 EBU per acre, with a minimum of 0.25 EBU per parcel. (4) Annual assessment is per parcel, but for balloting purposes, assessments may be based on proposed build-out.

Item No.10G

2. Method of Assessment Apportionment

City of Thousand Oaks Landscape and Lighting Assess ment District No. 79-2 Engineer’s Report for Fiscal Year 2023-24 14

Assessment Adjustment Formula
Most budget items are typically impacted by inflati on. In an effort to minimize this impact on the Dis trict, a formula for an inflation adjustment was submitted t o property owners as part of the property owner bal loting process conducted for all District assessments. The formula as described below was originally approved by the District property owners in Fiscal Year 1997/1998 a nd was first applied in Fiscal Year 1998/1999 (comm encing July 1, 1998) and allows for annual adjustments to the maximum assessment allowed. Subsequent new or increased assessments balloted include this same assessment formula.

District assessments include a formula for increasi ng assessments each Fiscal Year to offset increases in costs due to inflation. Generally, any new or increased a ssessments require certain noticing, meeting, and b alloting requirements by law. However, Government Code Secti on 54954.6(o) provides that a “new or increased assessment” does not include “an assessment which d oes not exceed an assessment formula or range of assessments...previously adopted by the agency or a pproved by the voters in the area where the assessm ent is imposed.” This definition of an increased assessmen t was later confirmed by Senate Bill 919 (the Imple menting Legislation for Proposition 218).

The following describes the assessment adjustment f ormula approved by the City Council and the Distric t property owners:

The maximum assessment amount allowed for each fisc al year may be increased in an amount equal to the greater of: (1) three percent (3.0%), or (2) the pe rcentage increase of the Local Consumer Price Index (CPI). The Consumer Price Index applied is for the Los Angeles -Long Beach-Anaheim, CA Area for All Urban Consumer s, as developed by the U.S. Bureau of Labor Statistics. T he CPI used shall be as determined by the Bureau of Labor Statistics for a similar period of time.

Each fiscal year the City shall compute the percent age difference between the CPI on January 1, and th e CPI for the previous January 1 or a similar time period. Th is percentage difference shall then establish the r ange of increased assessments allowed based on CPI. Based o n this Assessment Adjustment Formula, the maximum assessment rates for each Zone for Fiscal Year 2023 -24 have been adjusted by 5.77% over the previous f iscal year as the percentage change in CPI was 5.77%. Sho uld the Bureau of Labor Statistics revise such inde x or discontinue the preparation of such index, the City shall use the revised index or comparable system a s approved by the City Council for determining fluctuations in the cost of living.

In the event that the City Council determines that the maximum inflation adjustment allowed to the assessments is not required for a given fiscal year , the City Council may adopt an assessment less tha n the allowable maximum assessment for that year. If the budget and assessments for the District or any Zone require an increase greater than the adjustment set forth i n the formula, then the proposed increase would be subject to approval by the property owners subject to the increased assessment.

Item No.10G

3. Cost Estimate

City of Thousand Oaks Landscape and Lighting Assessment District No. 79-2 Engineer’s Report for Fiscal Year 2020 -21 15

Annexation Territory Budgets
The following tables provide a summary of the Light ing budgets for the Annexation Territory, as well a s General Fund expenditures for non-assessed improvements wit hin the City of Thousand Oaks. More specifically, t hese tables identify the costs and assessments (rate) ap plied to each Equivalent Benefit Unit within the An nexation Territory that are necessary to cover the costs and expenses of the improvements that provide a specia l benefit to properties within the Annexation Territory.

Table 3-1
Fiscal Year 2023-24 Annexation Territory Zone E Lighting Cost Estimates

Budget Items
Annexation
Territory
Tract No. 5946

DIRECT COSTS
Labor and Fringe Benefits $4.87
Street Light / Safety Lighting Electricity $32.03
Traffic Signal Maintenance
Subtotal Direct Costs $36.90

ADMINISTRATION COSTS
City Cost Allocation $0.61
Consultant Fees $0.11
County Administration Fees $4.60
Subtotal Administration Costs $5.32
TOTAL DIRECT AND ADMINISTRATION COSTS $42.21

COLLECTION/(CREDIT) APPLIED TO LEVY
City Subsidy ($23.13)
Supplemental Signal $0.00
Interest Income $0.00
Other Revenues $0.00
Subtotal Collection/(Credit) Applied to Levy ($23.13)
BALANCE TO LEVY $19.08

DIRECT STATISTICS
Total Number of Parcels 1
Total Parcels Assessed 1
Total Equivalent Benefit Units (EBU) 1.00
Proposed Levy per EBU $19.08
Maximum Rate per EBU - FY 2023-24 $19.09

Item No.10G

3. Cost Estimate

City of Thousand Oaks Landscape and Lighting Assess ment District No. 79-2 Engineer’s Report for Fiscal Year 2023-24 16

Table 3-2
Fiscal Year 2023-24 Annexation Territory Zone F Lighting Cost Estimates

Budget Items
Annexation
Territory
DP 20-70095

DIRECT COSTS
Labor and Fringe Benefits $10.34
Street Light / Safety Lighting Electricity $68.01
Traffic Signal Maintenance
Subtotal Direct Costs $78.35

ADMINISTRATION COSTS
City Cost Allocation $1.29
Consultant Fees $0.23
County Administration Fees $9.77
Subtotal Administration Costs $11.29
TOTAL DIRECT AND ADMINISTRATION COSTS $89.64

COLLECTION/(CREDIT) APPLIED TO LEVY
City Subsidy ($51.48)
Supplemental Signal $0.00
Interest Income $0.00
Other Revenues $0.00
Subtotal Collection/(Credit) Applied to Levy ($51.48)
BALANCE TO LEVY $38.16

DIRECT STATISTICS
Total Number of Parcels 2
Total Parcels Assessed 2
Total Equivalent Benefit Units (EBU) 2.00
Proposed Levy per EBU $19.08
Maximum Rate per EBU - FY 2023-24 $19.09

Item No.10G

APPENDIX A
Assessment Diagram

Item No.10G

LANDSCAPE AND LIGHTING ASSESSMENT
DISTRICT 79-2
Sources: City of Thousand Oaks,
2023; Ventura Co. GIS, 2023.

Annexation
T5946
23 101
ERBES
RD

KANANRD

THOUSANDOAKSBL

HILLCREST DR W

ESTLAKE
BLVD
Lighting
Zone E
S 23 FW
N 23 FW

ERBESRD
S 101 FW
N 101 FW

KANAN RD

EOLSEN RD
N
W

ESTLAKE
BL
1ST
ST

E JANSS RD

E HILLCREST DR

E AVENIDA DE LOS ARBOLES

LINDERO
CANYON
RD

NMOORPARKRD

EHIL LCREST DR
M:\GIS-Assessment\ThousandOaks\LLMD_79-2_E_9x11_Annex2_T5946.mxd; Map created 04 Apr 2023 Annexation Boundary Map - T5946
0 2,000 4,000 6,000
Feet

CITY OF THOUSAND OAKS
LEGEND
City Boundary
Lighting Zone E
Annexation T5946
Item No.10G

LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 79-2
Sources: City of Thousand Oaks,
2023; Ventura Co. GIS, 2023.

Annexation
DP-2070095
23 ERBESRD
M

OORPARKRD

LYNN RD

HILLCREST DR

JANSSRD

OLD CONEJO RD
Lighting
Zone F
S 101 FW
N 101 FW
S 23 FW
N 23 FW
ER
BES
RD

SANTA ROSA RD
N M
OO

RPARK RD

EOLSEN RD

W HILLCREST DR
N
LY
NN
RD

W LYNN RD
N
W

ESTLAKE
BL

E J ANSS RD

BORCHARD RD E HILLCREST DR

E AVENIDA DE LOS ARBOLES

W OLSEN RD
N
REINO
RD

N VENTU PARKRD

W AVENIDA DE LOS ARBOLES
M:\GIS-Assessment\ThousandOaks\LLMD_79-2_F_9x11_Annex2_DP2070095.mxd; Map created 04 Apr 2023 Annexation Boundary Map - DP-2070095
0 3,000 6,000 9,000
Feet

CITY OF THOUSAND OAKS
LEGEND
City Boundary
Lighting Zone F
Annexation DP-2070095
Item No.10G

APPENDIX B
Assessment Roll

Item No.10G

APN
Lighting Zone E
Assessment
Lighting Zone F
Assessment
670‐0‐260‐010 $19.08 N/A
667‐0‐360‐145 N/A $19.08
667‐0‐360‐155 N/A $19.08
Item No.10G

Item No.10G

DPW: 830-40\jt\ev\H:\Council\2023\050923\ LLAD 79-2 Initiate Proceedings Att 7.docx

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF THOUSAND OAKS DECLARING ITS

INTENTION TO ANNEX TERRITORY TO

THOUSAND OAKS LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO. 79-2 AND THE LEVY

AND COLLECTION OF ASSESSMENTS RELATED

THERETO COMMENCING WITH FISCAL YEAR
2023-24
WHEREAS, the City Council has, by previous Resolutions, formed the Thousand Oaks Landscape and Lighting Assessment District No. 79-2 (hereinafter referred to as the “District”) and initiated proceedings to annex territory to the District for Fiscal Year 2023-24, pursuant to the provisions of the Landscaping and Lighting Act of 1972, part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “Act”); and WHEREAS, the City Council has retained Webb Municipal Finance, LLC to prepare and file an Annexation Engineer’s Report (hereinafter referred to as the “Engineer’s Report”) with the City Clerk for the purposes of annexing territory into the District and establishing ongoing annual assessments in accordance with the Act and the provisions of the California Constitution, Article XIIID; and WHEREAS, the Engineer’s Report for Fiscal Year 2023-24 has been prepared and filed with the City Clerk and has been presented to the City Council for review and approval.

NOW, THEREFORE, the City Council of the City of Thousand Oaks does hereby resolve as follows:

Section 1 The City Council hereby declares that it is its intention to annex territory into the District and levy annual assessments for Fiscal Year 2023-24, to pay the costs of the operation, maintenance, and servicing of lighting and appurtenant facilities and operations related thereto pursuant to Chapter 3, Section 22624 of the Act, and the California Constitution, Article XIIID.

Section 2 The Engineer’s Report as presented has been reviewed by the City Council, and based on this review the City Council hereby makes the following determinations:
a. The territory of land to be annexed to the District incorporates all of the lots and parcels of land within the Annexation Territory as described in the Engineer’s Report.

ATTACHMENT #7
Item No.10G

DPW: 830-40\jt\ev\H:\Council\2023\050923\ LLAD 79-2 Initiate Proceedings Att 7.docx

b. The District improvements and zones described in the Engineer’s Report are substantially the same as those improvements and zones previously approved and adopted by the City Council. c. The costs and expenses of providing the improvements have been budgeted for each of the District zones and the proportionate special benefit derived by each individual parcel assessed has been determined in relationship to the entirety of those costs and expenses.
d. The proposed assessments do not exceed the reasonable costs of the proportional special benefit conferred on each parcel. e. Only the special benefits have been assessed and a contribution has been made from City funds in the amount that exceeds any reasonable general benefit to properties outside the district or to the public at large.
f. The assessments do not exceed the maximum annual
assessments previously authorized to be levied for the District and the zones therein.

Section 3 The Preliminary Engineer’s Report for Fiscal Year 2023-24 as presented is hereby approved for content and it is the intention of the City Council to annex territory to the District, levy and collect the proposed assessments so described for Fiscal Year 2023-24.

Section 4 The proposed improvements within the District include the maintenance, operation, and the furnishing of services and materials for public lighting facilities including, but not limited to, street lights, traffic signals and safety lights at intersections, and other appurtenant facilities. The Engineer’s Report provides a full description of the improvements and the assessments connected therewith for the District.

Section 5 The boundaries of the Annexation Territory are within Thousand Oaks Landscape and Lighting Assessment District No. 79-2. The boundaries of the District are within the boundaries of the incorporated City Limits of the City of Thousand Oaks, within the County of Ventura, State of California. The Annexation Territory, District and zones within the District are more fully described in the Engineer’s Report.

Item No.10G

DPW: 830-40\jt\ev\H:\Council\2023\050923\ LLAD 79-2 Initiate Proceedings Att 7.docx

Section 6 The proposed assessments for each parcel within the Annexation Territory shall be calculated in accordance with the method of apportionment established for the District and owners in accordance with the California Constitution, Article XIIID. The method of apportionment and the proposed assessment rates are documented in the Engineer’s Report.

Section 7 The City Council hereby declares its intention to annex the territory of land to the District designated as the Annexation Territory, and to levy and collect annual assessments against parcels of land within said territory to fund the ongoing cost and expenses of maintaining, operating and servicing the improvements determined to be of special benefit to the parcels of land therein as outlined in the Engineer’s Report prepared in connection therewith, commencing with Fiscal Year 2023-24;
Section 8 The City Council further declares its intention to conduct a public hearing regarding the annexation of the Annexation Territory to the District, and the proposed levy of assessments connected therewith; and calls for a property owner protest balloting proceeding in accordance with the provisions of Article XIIID of the California Constitution (Proposition 218).

Section 9 Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Tuesday, June 6, 2023 at 6:00 p.m., or as soon thereafter as feasible, in the City Council Chambers, located at 2100 Thousand Oaks Boulevard, Thousand Oaks.

PASSED AND ADOPTED this 9th day of May, 2023, by the following vote:

Ayes:

Noes:

Absent:
_______________________________
Kevin McNamee, Mayor
City of Thousand Oaks, CA
ATTEST/CERTIFY:
_________________________________
Laura B. Maguire, City Clerk
Date Attested: ____________________
Item No.10G

DPW: 830-40\jt\ev\H:\Council\2023\050923\ LLAD 79-2 Initiate Proceedings Att 7.docx

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.10G

DPW: 830-40\jt\ev\H:\Council\2023\050923\ LLAD 79-2 Initiate Proceedings Att 8.docx

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF THOUSAND OAKS APPROVING THE
PRELIMINARY ANNEXATION ENGINEER’S

REPORT FOR ANNEXATION OF TERRITORY TO

THOUSAND OAKS LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO. 79-2 AND THE

ANNUAL LEVY OF ASSESSMENTS FOR FISCAL
YEAR 2023-24
WHEREAS, the City Council has, by previous Resolutions, formed the Thousand Oaks Landscape and Lighting Assessment District No. 79-2 (hereinafter referred to as the “District”), and initiated proceedings for the annexation of territory and the levy of annual assessments for Fiscal Year 2023-24, pursuant to the provisions of the Landscaping and Lighting Act of 1972, part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “Act”); and
WHEREAS, the City Council desires to annex to the District the Annexation Territory, and to levy and collect annual assessments against lots and parcels of land within the Annexation Territory to pay the cost and expenses related to the maintenance and service of the improvements that provide special benefits to the parcels of land therein as authorized by the Act and the provisions of the California Constitution Article XIIID; and
WHEREAS, the City Council has retained Webb Municipal Finance, LLC (hereinafter “Assessment Engineer”), to prepare and file an Annexation Engineer’s Report (hereinafter referred to as the “Preliminary Engineer’s Report”) with the City Clerk for the purposes of annexing territory into the District and establishing ongoing annual assessments and formulating and establishing the annual assessments related thereto, in accordance with the Act and the provisions of the California Constitution, Article XIIID; and
WHEREAS, there has now been presented to the City Council a Preliminary Engineer’s Report; in connection with the annexation of territory, the levy of annual assessments, changes in District improvements and the proposed assessments related thereto commencing in Fiscal Year 2023-24; and
WHEREAS, the City Council has carefully examined and reviewed the Preliminary Engineer’s Report as presented, and each of the items and documents as set forth therein, and is satisfied that the proposed assessments for the Annexation Territory have been spread in accordance with the benefits received from the operation, maintenance and service of the improvements to be performed in connection thereto for Fiscal Year 2023-24.

ATTACHMENT #8
Item No.10G

DPW: 830-40\jt\ev\H:\Council\2023\050923\ LLAD 79-2 Initiate Proceedings Att 8.docx

3 1
4 2
NOW, THEREFORE, pursuant to Chapter 3, Section 22623 of the Act, and the California Constitution, Article XIIID, and City Council of the City of Thousand Oaks does hereby resolve as follows:

Section 1 The above recitals are true and correct.

Section 2 The Preliminary Engineer’s Report as presented, consists of the following:
a. A description of the Annexation Territory and the improvements to be maintained.
b. The proposed assessment amounts for the Annexation Territory.

Section 3 The Preliminary Engineer’s Report is hereby approved and is hereby ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to the public inspection.

Section 4 That the City Clerk shall certify to the passage and adoption of this Resolution and the minutes of this meeting shall so reflect the presentation of the Engineer’s Report.

PASSED AND ADOPTED this 9th day of May, 2023, by the following vote:

Ayes:

Noes:

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

Office of the City Attorney
_________________________________
Tracy Friedl, Assistant City Attorney
Item No.10G

DPW: 830-40\jt\ev\H:\Council\2023\050923\ LLAD 79-2 Initiate Proceedings Att 8.docx

3 1
4 2
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.10G

v.2023 Agreement for billing of direct assessments Attachment B

AGREEMENT FOR BILLING OF DIRECT ASSESSMENTS
This Agreement For Billing of Direct Assessments (“Agreement”) is made and entered into between the Ventura County Auditor-Controller and___________________________________ (“Agency”) to provide the service of placement of direct assessments on the Secured Tax Roll and distribution of collections to the Agency.

I. PROPERTY TAX SERVICES
Ventura County will place direct assessments on the Secured Tax Roll and distribute collections to the Agency at the same time and in the same manner as Ventura County property taxes are collected and distributed, and as authorized by law. The Agency will adhere to the policies and procedures established by the Ventura County Auditor-Controller as outlined in the Direct Assessment Submission Letter.

II. FEES FOR SERVICES
For billing, collection, correction and administration of direct assessments, the Ventura County Auditor-Controller shall collect the following charges:

A. A Direct Assessment Line Fee for the original submission will be charged $0.21 per assessment per parcel set by the County via resolution by the Board of Supervisors at its annual Countywide Rates and Fees public hearing.

B. For correction or removal of direct assessments requested by the Agency after extension of the tax roll, the Ventura County Auditor-Controller will collect $27.00 per correction or removal. All corrections and removals must be submitted by the third Friday in February.

C. An administration and collection fee shall be charged in an amount not to exceed one-fourth of 1 percent of amounts collected.

D. Collection fees and charges herein provided are subject to adjustment by the County via resolution of the Board of Supervisors at its annual Countywide Rates and Fees public hearing. The Ventura County Auditor-Controller reserves the ATTACHMENT #9
City of Thousand Oaks
DPW: 830-40\jt\ev\H:\Council\2023\050923\ LLAD 79-2 Initiate Proceedings Att 9.pdf Item No.10G

v.2023 Agreement for billing of direct assessments Attachment B

right to increase or decrease any charges herein provided, in proportion to any changes in costs incurred by the Auditor-Controller in providing the services described herein, provided that written notice of any increase or decrease in charges is given to the Agency.

III. COLLECTION OF AUDITOR-CONTROLLER FEES
Direct Assessment billing, correction and removal charges are deducted once a year, in the April Secured Apportionment. Collection and administrative fees are deducted from each Apportionment distribution.

IV. REQUESTS FOR INFORMATION AND ACCOUNTING SERVICES
The Ventura County Auditor-Controller publishes a report of direct assessments levied for the tax year by parcel to the Auditor-Controller’s website in January, May and July.

Requests for information and accounting services beyond what is posted to the Website will be considered extended services and will be subject to additional charges and fees.

V. AUTHORITY FOR LEVY AND COMPLIANCE WITH LAW
The authority for any levy, (i.e. resolution, ordinance or election), shall accompany requests for the levy of direct assessments. The Agency warrants that the taxes, fees, or assessments imposed by the Agency and collected pursuant to this Agreement comply with all requirements of state law, including but not limited to Articles XIIIC and XIIID of the California Constitution (Proposition 218).

The Agency hereby releases and forever discharges Ventura County and its officials, officers, agents, representatives and employees from any and all claims, demands, liabilities, costs and expenses, damages, causes of action, and judgments in any manner arising out of the Agency’s responsibilities and representations under this Agreement or other action taken by the Agency in establishing a special tax, fee, or assessment and implementing collection of special taxes, fees, or assessments, as contemplated in and/or pursuant to this Agreement,
including disputes related to lien priority.

The Agency further agrees to and shall defend, indemnify and hold harmless Ventura County and its officials, officers, agents, representatives and employees (“indemnified parties”) from any and all claims, demands, liabilities, costs and expenses, damages, causes of action and judgments in any manner arising out of any of the Agency’s responsibilities and representations under this Agreement, or other action taken by the Agency in establishing a special tax, fee, or assessment and implementing collection of special taxes, fees, or assessments as contemplated in and/or pursuant to this Agreement, including disputes related to lien priority.

Item No.10G

v.2023 Agreement for billing of direct assessments Attachment B

If any judgment is entered against any indemnified party as a result of action taken to implement this Agreement, the Agency agrees that Ventura County may offset the amount of any judgment paid by any indemnified party from any monies collected by Ventura County on the Agency’s behalf, including property taxes, special taxes, fees, or assessments.

Ventura County may, but is not required to, notify the Agency of its intent to implement any offset authorized by this paragraph.

VI. TERMS OF AGREEMENT
Upon execution, this Agreement terminates, supersedes and replaces all prior agreements between Ventura County Auditor-Controller and the Agency pertaining to the collection of direct assessments. This Agreement shall continue from year to year and shall be subject to cancellation by either party by giving a thirty-day written notice of cancellation to the other party.

VII. AUTHORITY
The above terms are accepted by the Agency and the undersigned further certifies that he/she is authorized to sign this Agreement and bind the Agency to its terms.

Authorized Signature: ____________________________________ Date: ____________ Authorized Name:
(PRINT) Title:
(PRINT TI
TLE)
___________________________________________________________________________________________ For Auditor-Controller Use Only
Approved Signature: __________________________________ Date: ___________

SECTION MANAGER
Approved Name: __________________________________
(PRINT)
'3:
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,QLWLDWH3URFHHGLQJV$JUHHPHQWIRU%LOOLQJRI'LUHFW$VVHVVPHQWV Nader Heydari____________________________________
City Engineer
ATTEST:

APPROVED:

Office of the City Attorney
________________________________ ________________________________ Tracy Friedl, Assistant City Attorney Laura B. Maguire, City Clerk ____________________________________
5/09/2023
Item No.10G

TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:May 9, 2023
SUBJECT: Cancellation of EV Bus Purchase Contract
RECOMMENDATION:

1. Ratify staff’s decision to cancel purchase order with Creative Bus Sales (Chino, CA) in the amount of $601,107.83 for the purchase of two electrically powered (EV), light-duty, cutaway transit buses due to vendor’s and dealer’s inability to deliver the buses per contract terms.

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

FINANCIAL IMPACT:

No Additional Funding Requested. Minimal staff time to prepare report is included in the Adopted FY 2022-23 Transportation Fund Budget. Potential loss of up to $297,087 in grant and voucher funding amounts awarded for the purchase.

BACKGROUND:

In January 2021, City Council approved the purchase of two electric light-duty cutaway transit buses to replace two existing Compressed Natural Gas (CNG) buses of a similar size eligible for retirement. The buses were purchased through a statewide contract coordinated by the Morongo Basin Transit Authority (MBTA) and administered by the California Association for Coordinated Transportation (Cal ACT), with Creative Bus Sales (CBS) as the awarded dealer. The buses were to be funded by Transportation Development Act (TDA) funds with additional grant funding ($177,087) that was under application at the time the purchase was approved.

The conversion of the buses to electric was to be completed by Phoenix Motors (Ontario, CA), an authorized electric vehicle upfitter in the contract. At the time the order was placed, delivery was expected by September 2021. Due to supply chain issues related to the COVID-19 pandemic, the delivery date was amended to December 2021.

Item No.10H

Cancellation of EV Bus Purchase Contract
May 9, 2023

6 4
6 In late December 2021, staff was notified that Phoenix Motors was having difficulties installing the battery packs due to specific elements of the City’s order, which include moving the wheelchair lift forward of the rear axle. Several attempts were made to modify the chassis to accommodate the battery pack as designed but those attempts proved unsuccessful. CBS formally notified the City in late February 2022, that the buses could not be delivered per contract. CBS offered to have the electric vehicle upfitting completed by an alternative vendor, but MBTA determined that it would be a contract violation. This finding was consistent with the City’s own determination.

On March 29, 2022, City Council ratified cancellation of that purchase contract and awarded a new bid for similar buses, also to CBS. This time the conversion was to be done by Lightning Motors (Loveland, CO). The buses used were the exact same chassis and bodies from the original order but were to have different internals and batteries sourced and installed by Lightning Motors. Due to the timing of the award, these vehicles were also available for California State Voucher Funding (H-VIP) worth $69,000 per bus, bringing the net cost of the two buses after grant and voucher awards to just over $300,000.

DISCUSSION/ANALYSIS:

The bid placed by the dealer included a stipulated 120-day delivery time window.

The dealer also represented that a specific brand of battery would be used in the conversion. The dealer and vendor failed to deliver the buses until late November 2022, nearly 60 days late. Further, the vehicles failed the post-delivery inspection by fleet staff who identified build quality issues and missing components.

While waiting for the dealer to effect repairs so the City could accept the buses, one vehicle suffered significant water intrusion during the January 2023 rains due to an incorrectly sealed window that damaged the interior of the bus and the electronic dash. The other bus failed while being driven between the fleet shop and the bus parking area and had to be towed back to the dealer. Lastly, in early March 2023, staff was notified the installed batteries, which were not the batteries promised by the dealer, were being recalled for safety reasons and the battery manufacturer was bankrupt and out of business. Staff has waited for nearly two months for CBS and Lightning to provide a solution for battery replacements.

On April 10, 2023, staff notified CBS in writing (Attachment #1) of intent to cancel the purchase for failing to fulfill the terms of the purchase contract and for significant manufacturing defects they have not remedied. Therefore, staff recommends ratification of the cancellation of the purchase contract for cause.

Staff will work with the awarding agency to preserve already awarded grant funding for a future purchase. However, the H-VIP voucher funding is specific to the buses Item No.10H

Cancellation of EV Bus Purchase Contract
May 9, 2023

6 4
6 ordered and the $138,000 will be lost. A new purchase may qualify for future H- VIP voucher funding and staff will pursue these funding opportunities as they become available.

At this time, the State cooperative contract used for the initial award does not include equivalent buses. Additionally, based on experiences to date, staff is reluctant to attempt another purchase that involves a third-party upfitter or uses CBS as the awarded dealer.

The buses purchased were intended to replace the two that have now exceeded their maximum in-service life per the adopted Transit Asset Management Plan. If a suitable electric-powered replacement is not identified in the near future, staff intends to recommend replacing the existing CNG-powered vehicles with equivalent CNG vehicles and delaying conversion of these light-duty buses to electric until at least 2028. This delay, while unfortunate, will not significantly impact the ability of the City to achieve its goal of a full conversion to electric- powered public transit by the end of FY 2028-29, well in advance of State mandates.

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: Mike Houser, Transit Program Manager
Attachments:

Attachment #1 – Termination Letter to Creative Bus Sales DPW:940-10\mh\ev \Council\2023\050923\EV Bus Contract Cancellation staff report.docx Item No.10H

DPW:940-10\mh\ev \Council\2023\050923\EV Bus Contract Cancellation ATTACHMENT #1
Item No.10H

CREATIVE BUS SALES INC
TO: e~I~8 RAMONA AVE CA
Purchase Order
91710
PAGE: 1
P.O . NO.: 077604

THIS NUMBER MUST APPEAR

ON INVOICE, PACK SLIP,
AND A1IJ'i l :!: ESPff J'1 fff 2 O 2 2

CITY OF THOUSAND OAKS
S'£TJP rrn . PUBLIC WORKS DEPT
n " ~v . 2100 E THOUSAND OAKS BLVD THOUSAND OAKS C A 91362-2903 City of Thousand Oaks,' 2100 E. Thousand Oaks Blvd., Thousand Oaks, CA 91362 * 805-449-2100 * Fax: 805-449-2250 VENDORNO. REQUISITIONED BY REQ.NO. PROJECT ACCOUNT NO.
102517 [email protected] boooo16901 1 ~5155406858400
DELIVERY BY SHIP VIA RO.B. TERMS
3/28/2022 DESTINATION NET/30
ITEM
NO. QUANTITY U OM DESCRIPTION UNITCOST EXTENDED COST
1 L41760.00 bL ADA COMPLIANT ELECTRIC LI 1.0000 441760.00 GHT DUTY BUSES BASE COST PER BUS= $280 880.00 ($16,995.00) PER BUS - TAX EXEMPT ADA EQUIP ( $60 000. 00) PER BUS -- HVIP VOUCH! R LIGHTNING FE4-129 BATTERY LECTRIC BUS 25-29J 2 60.00 DL DMV ELECTRONNIC FILING FE 1.0000 60.00 E $30.00 PER BUS 3 24.50 bL TIRE FEE 1.0000 24 .50 $12.25 PER BUS
4 38263.33 bL TAX AT 7.25% 1.0000 38263.33 TAXABLE COST PER BUS= $263,885 5 1000.00 PL DELIVERY FEE 1.0000 1000.00
(TWO) FRONT LIFT CUTAWAY ADA ELECTRIC BUSES; .

TOTAL 481107.83 :~ * REMARKS:

CITY COUNCIL APPROVAL: 03/29/2022
AUTHO: ZEDB: ~
~ - .,-\ ~ -""-.- ----~
'·• - ·,- ~
Purchasing Officer

THIS ORDER JS ISSUED SUBJECT TO THE
flllJt/1liPJ:i~
1 Zfffklficfl"Jkg~~1l2lflF
THIS DOCUMENT.
~fE~~1J/llJJl'tlt f:ft:fcl!llJ!.fff1Jf/lfto
INVOICE AS A SEPARATE ITEM.

PURCHASING FILE
Item No.10H

TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:May 9, 2023
SUBJECT: Woolsey Fire Landscape Restoration- La Granada Reservoir Site (MI 2593)
RECOMMENDATION:

1. Approve the project design and specifications, including Addenda Nos. 1, 2, 3, and 4 for construction of the Woolsey Fire Landscape Restoration – La Granada Reservoir Site (MI 2593).

2. Award construction contract to American Landscape, Inc. (Canoga Park, CA), in the amount of $748,911.10, plus a contingency of $75,000.

3. Authorize expenditure in the amount of $828,911.10 ($748,911.10 construction contract, $75,000 construction contingency, and $5,000 for City furnished materials and supplies) from A/C #613-8030-682-8300 (Water Capital Fund - MI 2593, Woolsey Fire Landscape Restoration).

4. Delegate authority to the City Engineer to approve changes to the design, specifications, and working details of the project on work directives and change orders up to the project approved contingency amount.

5. Find that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15301.

6. Adopt resolution designating authorized agents of the City to seek state and federal emergency and hazard mitigation funding assistance.

FINANCIAL IMPACT:

No Additional Funding Requested. $1,180,000 is included in the Adopted FY 2022-23 Water Capital Fund Budget (MI 2593). The total project cost is estimated at $896,000. Staff is working with the California Office of Emergency Services (CalOES) and the Federal Emergency Management Agency (FEMA) for reimbursement of qualifying repair/restoration costs under Presidential Declaration Item No.10I

Woolsey Fire Landscape Restoration- La Granada Reservoir Site (MI 2593) May 9, 2023

6 4
7 Number FEMA-4407-DR-CA (November 2018 California Wildfires – Woolsey Fire). The total City match is expected to be 6.25 percent of the total project costs.

BACKGROUND:

In 1989, the La Granada Reservoir was constructed, which includes significant associated site work, engineered slopes, and landscaping (Attachment #1). In November 2018, the Woolsey Fire damaged the site’s landscaping and irrigation, which are key elements to protecting the engineered slopes. The City awarded a task order to Pacific Coast Land Design (PCLD) in October 2019 to provide design services for necessary irrigation and landscape repairs.

The landscape restoration work at the La Granada Reservoir site was delayed pending completion of the new pump station construction (CI 8082) at the same site from 2021-2022. The construction of the pump station project was protracted because of the COVID-19 supply chain shortages.

DISCUSSION/ANALYSIS:

After City Council’s authorization to advertise the Woolsey Fire Landscape Restoration project for construction bids, the Notice Inviting Bids was published in the Thousand Oaks Acorn on March 3, 2023, was posted on the City’s procurement website, and invitations were sent to all registered vendors and construction trade journals on the City’s purchasing vendor list. Four bids were received and publicly opened on April 19, 2023, as follows:

Bidder Bid

1. Venco Western, Inc. (Oxnard, CA) $ 428,855.02

2. American Landscape, Inc. (Canoga Park, CA) $ 748,911.10

3. Marina Landscape, Inc. (Orange, CA) $ 789,440.15

4. Habitat Restoration Sciences, Inc. (Vista, CA) $ 877,123.46 The lowest bid was from Venco Western, Inc. (Venco), in the amount of $428,855.02, which is about 48 percent lower than the engineer’s estimate of $830,000. With City’s permission, Venco withdrew their bid due to an error in the material quotes. The second lowest bid is from American Landscape, Inc. in the amount of $748,911.10, which is approximately 10 percent lower than the engineer’s estimate. The bid package submitted by American Landscape, Inc. has been reviewed and found to be in order, and the bid protest period has elapsed with no formal protests received. Staff recommends awarding the construction contract to American Landscape, Inc.

Item No.10I

Woolsey Fire Landscape Restoration- La Granada Reservoir Site (MI 2593) May 9, 2023

6 4
7 The estimated project costs are as follows:

Design (Encumbered) $ 33,800.00
Construction Support Services (Encumbered) $ 18,220.00 SWPPP/QSP Inspection (Encumbered) $ 15,140.00
Construction Contract (this action) $ 748,911.10
Construction Contract Contingency (this action) $ 75,000.00 City Furnished Material and Supplies (this action) $ 5,000.00 Total Estimated Project Cost $ 896,071.10

Staff has applied for and secured grants from both FEMA and CalOES. FEMA has approved a grant of 75 percent of the final restoration costs. CalOES has also approved a grant of 18.75 percent. The net out-of-pocket costs for the City on the project are expected to be 6.25 percent of the total project costs, to be covered by Water Capital Fund. Construction is anticipated to start in June 2023 and has an estimated completion by Fall 2023, followed by a 90-day landscape establishment period. The project design, specifications, and Addenda Nos. 1, 2, 3, and 4 are available for review upon request to the Public Works Department by e-mail at [email protected] or by phone at (805) 449-2400.

The La Granada Reservoir Landscape Restoration Project is categorically exempt from CEQA per Section 15301 (Repair/Maintenance of an Existing Facility).

As part of the State and Federal Emergency and Hazard Mitigation Funding Assistance Program, the City is eligible for reimbursement of qualifying repair/restoration costs. To process documents related to local and federally declared disasters, a resolution designating an updated list of authorized agents who can sign on behalf of the City (Attachment #2) and the City Clerk certification of the adopted resolution (Attachment #3) is required.

Community Outreach: Staff has established a public outreach plan for the project with particular focus on the residents located adjacent to the project and the public. Various communication tools and strategies, including community meetings (if needed), press releases, website updates, and social media posts will continue to be utilized to inform the public and receive feedback. The project manager will update the dedicated website for the La Granada Reservoir Site Landscape Restoration www.toaks.org/lagranada with project information.

This project meets City Council’s Top Ten Priorities #9, “Public Works Infrastructure Investments.”
Item No.10I

Woolsey Fire Landscape Restoration- La Granada Reservoir Site (MI 2593) May 9, 2023

6 4
7 CIP PROJECT PRIORITY (as outlined in FY 2021-22 and FY 2022-23 CIP Program Budget).

Priority Two – Necessary, but not essential, and there could be consequences if deferred.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

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

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

PREPARED BY: Elaine Camia, Associate Engineer
Attachments:

Attachment #1 – Vicinity and Location Maps
Attachment #2 – Resolution
Attachment #3 – City Clerk Certification
Documents Provided Under Separate Cover:
#1 – Project Plans, Specifications, and Addenda Nos. 1 through 4 DPW: 850-20\ev\H:\Council\2023\050923\MI 2593\ Woolsey Fire Landscape Restoration staff report.docx Item No.10I

N Westlake Bl
Erbes Rd
N Lynn Rd
N Moorpark Rd
E Janss Rd E Kanan Rd
E Thousand Oaks Bl
W Hillcrest Dr
E Hillcrest Dr
La Granada Dr
Thousand Oaks Bl
W Janss Rd
Hampshire Rd
S Moorpark Rd
Lynn Rd
CI 5292 - La Granada Reservoir Improvements

LOCATION MAP

VICINITY MAP
Proposed
Project

Hillcrest
Conejo School
Rye
Lone Oak
Twin Oaks
Makenzie
Ranch View
Wynn
Mountain Crest
Mountain Crest
La Granada Reservoir
Proposed
Project
0 0.8 1.60.4
Miles
m
m 0 0.1 0.190.05
Miles
$77$&+0(17Woolsey Fire Landscape Restoration -
La Granada Reservoir (MI 2593)
DPW: 850-20\ev\H:\Council\2023\050923\MI 2593\Woolsey Fire Landscape Restoration Att 1.pdf Item No.10I

ATTACHMENT #2
DPW: 520-10\ev\Council\2023\05092023\ MI 2593\ Woolsey Fire Landscape Restoration Att 2.docx

RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF THOUSAND OAKS DESIGNATING

AUTHORIZED AGENTS OF THE CITY TO SEEK

STATE AND FEDERAL EMERGENCY AND HAZARD

MITIGATION FUNDING ASSISTANCE
WHEREAS, the City of Thousand Oaks has experienced State and federally declared emergencies in the past; and
WHEREAS, the Disaster Relief Act of 1988 requires the designation of City agents for the purpose of obtaining State and federal emergency management performance, recovery, and hazard mitigation funding assistance; and WHEREAS, the declaration of an emergency allows public agencies to seek State and federal funding assistance; and
WHEREAS, adoption of this Resolution designating authorized agents for public emergency assistance will allow the City to continue the process of seeking emergency recovery management performance and hazard mitigation funding assistance pursuant to the Disaster Relief Act of 1988.

NOW, THEREFORE, BE IT RESOLVED that the City Council designates Assistant City Manager Ingrid Hardy, Public Works Director Clifford G. Finley, and Finance Director Jaime Boscarino, as authorized agents of the City to seek state and federal emergency management performance, recovery, and hazard mitigation funding assistance pursuant to the Disaster Relief Act of 1988.

PASSED AND ADOPTED this 9th day of May 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: ____________________
Item No.10I

DPW: 520-10\ev\Council\2023\05092023\ MI 2593\ Woolsey Fire Landscape Restoration Att 2.docx

APPROVED AS TO FORM:

Office of the City Attorney
_______________________________
Tracy Friedl, Assistant City Attorney
APPROVED AS TO ADMINISTRATION:
_______________________________
Andrew P. Powers, City Manager
Item No.10I

ATTACHMENT #3
DPW: 520-10\ev\Council\2023\05092023\ MI 2593\ Woolsey Fire Landscape Restoration Att 3.docx City Clerk Certification
BE IT RESOLVED BY THE __________City Council__________________ OF THE ___________________City of Thousand Oaks________________ THAT ____________________Ingrid Hardy, Assistant City Manager___________ OR ____________ _Clifford G. Finley, Public Works Director_________ OR _________________ Jaime Boscarino, Finance Director___________ Is hereby authorized to execute for and on behalf of the City of Thousand Oaks, a public entity established under the laws of the State of California, any actions necessary for obtaining federal financial assistance provided by the Federal Department of Homeland Security and sub-granted through the State of California.

Passed and approved this 9th day of May 2023.

Certification
I, Laura B. Maguire, duly appointed and serving as City Clerk for the City of Thousand Oaks, do hereby certify that the above is a true and correct copy of a Resolution passed and approved by the City Council of the City of Thousand Oaks on the 9 th day of May 2023.

City Clerk
__________________________________________
(Signature)
__________________________________________
(Date)
Item No.10I

TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:May 9, 2023
SUBJECT: Wastewater Interceptor Capital Improvement Project Unit Y2 (CI 5328)
RECOMMENDATION:

1. Approve Fourth Amendment to Professional Services Contract No. 13039-2022 with Padre Associates, Inc. (Ventura, CA) for additional Construction Phase Environmental Monitoring and Regulatory Permit Five-Year Mitigation Monitoring Services on the Wastewater Interceptor Capital Improvement Project Unit Y2 (CI 5328) in the amount of $28,521.50, plus extra services of $2,600 for a new not-to- exceed amount of $118,981.50.

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

FINANCIAL IMPACT:

No Additional Funding Requested. Minimal staff time and costs required to advertise for bids, along with $4,549,706 project budget is included in the Adopted FY 2022-23 Wastewater Fund Capital Budget (CI 5328). Estimated total project cost is $4,450,000.

BACKGROUND:

The Unit Y interceptor pipeline delivers a large volume of the City’s wastewater by gravity and pressurized pipeline to the Hill Canyon Treatment Plant (HCTP) for treatment. The interceptor is in the canyon of the Wildwood recreational area. The pipeline follows an access road and traverses open space and enters the HCTP through a meter vault at the north end of the facility (Attachment #1).

At the terminus of Unit Y, where it enters the HCTP facility, there is an 18-inch diameter double barrel (two pipes) pressurized pipeline inverted siphon for approximately 2,000 feet. Access structures are located along the gravity portion of the alignment; however, there are long reaches of pipeline where no access structure exists. The City has installed cured in place pipe (CIPP) lining material on the upper gravity reaches of the pipeline as part of previous projects. The pressurized inverted siphon section of pipeline has not been lined and presents challenges that need to be addressed as part of this project.

Item No.10J

WW Interceptor CIP Unit Y2 (CI 5328)
May 9, 2023

6 5
0 This project includes removal of the existing five pipeline cleanout structures, minor tree trimming and temporary access road construction necessary for the equipment to reach the site of the project, cleaning of the existing sewer pipelines, installation of two 18-inch diameter cured in place pipelines to rehabilitate the existing 18-inch diameter pipes, installation of three pipeline access structures, replacement of the pipelines associated with the HCTP meter structure and rock catcher, rehabilitation of the siphon inlet structure, and removal of the temporary access road.

On June 14, 2022, Padre Associates, Inc. (Padre), a professional environmental firm, was awarded a contract by City Council to perform the environmental permit monitoring activities during construction. Padre had performed the initial permit assistance and coordination with the regulatory agencies and was selected because they were familiar with the project and deemed to be the most qualified firm. Three amendments were issued to Padre during the construction phase of the project. Amendment No. 1 was a fee amendment in the amount of $4,097.50 to cover the monitoring costs for the regulatory permit requirement for fan palm tree removals. Amendment No. 2 was a contract extension due to the delay in construction activities and Amendment No. 3 was a fee amendment in the amount of $3,882.50 to cover initial emergency regulatory permit assistance.

City Council awarded the construction contract for the Unit Y2 project to Blois Construction, Inc. (Blois) on June 14, 2022. Construction started in August 2022, and will be completed at the end of May 2023.

DISCUSSION/ANALYSIS:

The construction phase of the project is nearly complete. The regulatory permits necessary to construct the project within the environmentally sensitive canyon environment require a five-year monitoring environmental program. The first year has already been completed. The original contract did not include this level of environmental monitoring. The remaining four-year monitoring effort is still required and will be performed by the project environmental consultant Padre as a continuation of their professional services performed to date. The additional scope of work includes botanical surveys to be conducted to document changes in species richness over time within the Mitigation Area and preparation of an annual Mitigation Monitoring Report to be submitted to the Department of Fish and Wildlife by December 31, of each of the next four years that remain. Amendment No. 4 will increase the contract amount by $28,521.50 to a new contract total of $116,381.50 plus $2,600 in extra services for a total not-to-exceed amount of $118,981.50, and will extend the contract expiration date to June 30, 2027. Amendment No. 4 is included as Attachment #2.

Item No.10J

WW Interceptor CIP Unit Y2 (CI 5328)
May 9, 2023

6 5
0 The breakdown of Padre’s contract and amendments is as follows:

Environmental Permitting Assistance (previously approved) $ 79,880.00 Envir. Const. Phase Monitoring Services (previously approved) $ 4,097.50 Extra Const. Phase Monitoring Services (previously approved) $ 3,882.50 4-Year Envir. Permit Mitigation Monitoring Services (this action) $ 28,521.50 Extra Services for Monitoring Services (this action) $ 2,600.00 Environmental Support Services and Permitting $ 118,981.50 Community Outreach: This project is limited to work at the HCTP and does not impact neighboring residences. The work will be at the north end of the plant and will have limited impact to plant operation. Construction-related impacts to hiking trail users will be minimal.

City Council adopted the Mitigated Negative Declaration and Mitigation Monitoring Program for the project on July 6, 2021.

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

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goal:

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

PREPARED BY: Nader Heydari, Deputy Public Works Director Attachments:

Attachment #1 – Vicinity and Location Maps
Attachment #2 – Fourth Amendment to Professional Services Contract No.13039-2022 with Padre Associates, Inc.

DPW: 850-20\ev\Council\2023\050923\CI 5328\ Wastewater Interceptor CI Project Unit Y2 closeout staff report.docx Item No.10J

ATTACHMENT #1

LOCATION MAP
DPW: 850-20\ev\Council\2023\050923\CI 5328\ Wastewater Interceptor CI Project Unit Y2 Att 1.pdf Item No.10J

ATTACHMENT #2
Project Name: HCTP CIP Unit Y2 Project (CI 5328)
DPW:850-20\ev\Council\2023\050923\CI 5328\HCTP CIP Unit Y2 Project Fourth Amendment.docx

FOURTH AMENDMENT TO

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AND
PADRE ASSOCIATES, INC.

Contract No. 13039-2022
THIS FOURTH AMENDMENT to the Agreement for Professional Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation (hereafter “City”) and PADRE ASSOCIATES, INC. (hereafter “Consultant”), entitled Hill Canyon Treatment Plant Capital Improvement Project Unit Y2 (CI 5328) dated June 14, 2022, and amended September 20, 2022, December 16, 2022, and March 9, 2023 (herein “Contract”) is made this 9th day of May 2023.

RECITALS
A. Section 3 of the Contract, currently, and as may have been previously amended, provides for a “not-to-exceed” total payment as consideration to Consultant of $79,880 for services generally and briefly described as preparation of the construction contract documents and services during the bidding phase.

B. The First Amendment to the Contract was issued on
September 20, 2022, in the amount of $4,097.50, modifying the Contract amount to $83,977.50.

C. The Second Amendment to the Contract was issued on
December 16, 2022, extending the Contract termination date to June 30, 2023.

D. The Third Amendment to the Contract was issued on March 9, 2023, in the amount of $3,882.50, modifying the Contract amount to $87,860.

E. City needs to expand the Scope of Services to be performed under the present Contract and adding additional time to perform, and Consultant is desirous of performing such and receiving additional compensation for said extra services.

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

Part 1. The Contract is extended for a period of four years and Section 5 is hereby amended to read as follows:

Item No.10J

DPW:850-20\ev\Council\2023\050923\CI 5328\HCTP CIP Unit Y2 Project Fourth Amendment.docx

3 1
5 3
The term of this Agreement is from the date first written above to June 30, 2027, unless the term of this Agreement is extended, or the Agreement is terminated as provided for herein.

Part 2. Section 2 of Contract is amended to include the additional scope of work generally encompassing extended Construction Phase Support Services and Biological Support Services in conjunction with the HCTP Capital Improvement Project Unit Y2 emergency repair project as well as extending the contract for the remaining 4-year duration of the 5-year environmental monitoring and reporting that was required by the permits. The detailed scope of this additional work that is being added to the Contract is attached hereto and incorporated herein as Exhibit A-3.

Part 3. The sum of $28,521.50 is added as compensation to Consultant under the present Contract for the above-described additional services, and Subsection 3 (a) of Contract is hereby amended to read in its entirety as follows:
a)Maximum and Rate. The total compensation payable to Consultant by City for the services under this Agreement SHALL NOT EXCEED the sum of $116,381.50 and shall be earned as the work progresses on the basis explained in the original contract, and as may have been previously amended.

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

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

PADRE ASSOCIATES, INC.

Jerome Summerlin, President
Jeff Damron, Corporate Secretary

CITY OF THOUSAND OAKS
_
Kevin McNamee, Mayor
ATTEST:

Laura B. Maguire, City Clerk
Item No.10J

DPW:850-20\ev\Council\2023\050923\CI 5328\HCTP CIP Unit Y2 Project Fourth Amendment.docx

3 1
5 3
APPROVED AS TO ADMINISTRATION:

Andrew P. Powers, City Manager
APPROVED BY DEPARTMENT HEAD:

Clifford G. Finley, Public Works Director
APPROVED AS TO FORM:

Office of the City Attorney
Tracy Friedl, Assistant City Attorney
Item No.10J

DPW:850-20\ev\Council\2023\050923\CI 5328\HCTP CIP Unit Y2 Project Fourth Amendment.docx

3 1
5 3
EXHIBIT A-3
PADRE - Scope of Services
CONSULTANT shall provide environmental permit compliance services to provide biological monitoring services support during the HCTP Capital Improvement Project Unit Y2 construction emergency repair project. CONSULTANT’s work shall be coordinated with HCTP operations.

CONSULTANT shall perform the following Tasks:

PHASE II – CONSTRUCTION PHASE
TASK A: CONSTRUCTION PHASE ENVIRONMENTAL SERVICES SUPPORT

EMERGENCY PROJECT
CONSULTANT will notify the U.S. Army Corps of Engineers and apply for project coverage under Regional General Permit 63 (RGP 63: Repair and Protection Activities in emergency Situations). RGP 63 requires that the Corps approve coverage prior to initiating construction work in waters of the U.S.

CONSULTANT will prepare and submit to the Regional Water Quality Control Board (RWQCB) and State Water Resources Control Board (SWRCB) a Notice of Intent (NOI) for coverage under the Water Quality Certification and Order for RGP

63. Consultant will pay the application fee to accompany the NOI to the RWQCB and Army Corps of Engineers.

CONSULTANT will respond to information requests by CDFW, Corps of Engineers and RWQCB and conduct a site visit if required.

CONSULANT will provide biological support including monitoring of tree trimming for equipment access, installation, maintenance, and removal of exclusion netting upstream and downstream of the access road stream crossing, and periodic inspection of pipeline protection activities to ensure impacts to water quality and biological resources are minimized.

TASK B: CONTINUED 5-YEAR ENVIRONMENTAL PERMIT MONITORING PLAN
CONSULTANT will on an annual basis for the duration of the remaining mitigation period (4 years remaining, first year was already completed), a biologist will conduct a thorough survey for fan palms within the Mitigation Area to count the number of fan palms present within the Mitigation Area. Photo-documentation stations, which were established during the Year 1 (2022) annual monitoring event, will be used to document overall progress of the mitigation activities. Additionally, botanical surveys will be conducted to document changes in species richness over time within the Mitigation Area. If fan palms are documented within the Mitigation Area during the annual monitoring event, CONSULTANT will coordinate with the City a suitable timeframe to remove all extant fan palms. When fan palm removal Item No.10J

DPW:850-20\ev\Council\2023\050923\CI 5328\HCTP CIP Unit Y2 Project Fourth Amendment.docx

3 1
5 3
occurs, a biologist will be present full-time to monitor the removal of all fan palms within the Mitigation Area in accordance with Condition 2.3 of the project SAA.

Success of the Mitigation Plan is contingent on there being no fan palms within the Mitigation Area during the five-year monitoring period (first year already complete).

CONSULTANT will prepare an annual Mitigation Monitoring Report (Report) in accordance with Condition 4.6 of the project SAA following the completion of each annual monitoring event. The annual Report will be submitted for review to the City no later than December 31st of each year. Following review by the client, CONSULTANT will revise the annual Report prior to submission to CDFW by February 1st of the subsequent year.

Item No.10J

TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:May 9, 2023
SUBJECT: Authorization to Purchase a Trailer Mounted Jetter RECOMMENDATION:

1. Approve “piggyback” purchase of one Mongoose Trailer Mounted Jetter from Nixon-Egli Equipment Co. (Ontario, CA) through Sourcewell Cooperative Contract #101221-SCA.

2. Approve budget appropriation and expenditure in the amount of $121,340 from A/C #621-0000-341-9900 (Wastewater Fund - Fund Balance) to A/C #621-8220- 685-8400 (Equipment $5,000 or More) for FY 2022-23 capital equipment purchase.

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

FINANCIAL IMPACT:
$121,340 Increase to Adopted FY 2022-23 Wastewater Fund Budget. $121,340 increase to the Adopted FY 2022-23 Wastewater Fund Budget is requested for purchase of trailer mounted jetter equipment.

BACKGROUND:

The City’s Municipal Service Center (MSC) provides regular maintenance and repairs to the City’s wastewater infrastructure and requires essential equipment to conduct these important maintenance services. The MSC currently utilizes two combination hydro trucks to maintain wastewater sewer lines and respond to various types of emergency calls to remove blockages within the City’s right-of- way. Work typically includes removal of debris, roots, and grease from wastewater lines and the clearing of clogged lines. The width and overall large size of the hydro trucks limit their use in the canyon areas.

Item No.10K

Authorization to Purchase a Trailer Mounted Jetter
May 9, 2023

6 5
1 A trailer mounted jetter will allow staff to maintain wastewater sewer lines in limited access and hard-to-reach areas around the City’s wastewater service area, including several mainline and lateral easements between properties, as well as at golf courses and other similar areas. The purchase and use of this specialized equipment will assist the Wastewater Division to augment the cleaning and maintenance practices on infrastructure that is aging and address deferred maintenance in these locations.

DISCUSSION/ANALYSIS:

Pursuant to Thousand Oaks Municipal Code (TOMC) Section 3-10.203(b), the City may “piggyback” onto, or join an existing written purchase contract obtained through a competitive bidding process prepared and awarded by another local, state, or federal government agency. The City partners with Sourcewell, which provides public sector procurement services nationwide and streamlines the required purchasing process to assist government agencies in obtaining compliant competitive bids on supplies and materials. All cooperative purchasing contracts from Sourcewell were competitively solicited and publicly awarded by a government entity acting as the lead agency. On October 12, 2021, Sourcewell published a Request for Proposals/Qualifications (RFP/Q) for Sewer Vacuum, Hydro-Excavation, and Municipal Pumping Equipment with Related Accessories and Supplies, which allows other agencies to award a contract at the same prices, terms, and conditions. On November 24, 2021, Sourcewell awarded the contract to Sewer Equipment Co. of America (Dixon, IL) for a contract term of four years, ending on November 29, 2025 (Attachment #1). Nixon-Egli Equipment Co. is the local authorized distributer for Sewer Equipment Co. of America.

Piggybacking on a larger contract generally affords better pricing based on their aggregate purchasing volume. Under the Sourcewell contract, the City will receive a discount of three percent off the published list price that will equate to a total savings of $2,971.26 (Attachment #2).

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 efficient upkeep of the City’s sewer system is essential to public safety and the protection of infrastructure. For these reasons, staff recommends the purchase of one Mongoose Trailer Mounted Jetter.

Item No.10K

Authorization to Purchase a Trailer Mounted Jetter
May 9, 2023

6 5
1 COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

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

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

PREPARED BY: Bret Sherman, Utilities Maintenance Supervisor Attachments:

Attachment #1 – Sourcewell Cooperative Contract #101221-SCA Attachment #2 – Nixon-Egli Equipment Co. Quote Id: 100792 DPW: 1030-10/cp/ev/COUNCIL/2023/050923/Purchase of Trailer Mounted Jetter staff report.docx Item No.10K

101221-SCA
1 Solicitation Number: RFP #101221

CONTRACT
This Cont
ract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Sewer Equipment Co. of America, 1590 Dutch Rd., Dixon, IL 61021 (Supplier).

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Sewer Vacuum, Hydro-Excavation, and Municipal Pumping Equipment with Related Accessories and Supplies from which Supplier was awarded a contract.

Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires November 29, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.

C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. 















 ATTACHMENT #1
Rev. 3/2021
DPW: 1030-10/cp/ev/COUNCIL/2023/050923/Purchase of Trailer Mounted Jetter Item No.10K

101221-SCA

Rev. 3/2021 2

Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new and the current model.

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING

All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be 
















Item No.10K

101221-SCA

Rev. 3/2021 3

returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.

C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS

Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:

x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; 
















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x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING

A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell 
















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contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.

Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE

A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:


















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x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT

A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:

x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased 
















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by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE

Sourcewell's Authorized Representative is its Chief Procurement Officer.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE

A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.

D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.

















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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. INDEMNITY AND HOLD HARMLESS

Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

12. GOVERNMENT DATA PRACTICES

Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT

A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, 
















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resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws.

5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.


















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14. GOVERNING LAW, JURISDICTION, AND VENUE

The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE

Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY

If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES

A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract. 
















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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:

x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms 
















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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate

Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is 
















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primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE

A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION

Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.


















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21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS

Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions. 
















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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names 
















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of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation 
















Item No.10K

101221-SCA

Rev. 3/2021 17

and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.

N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.

P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.

Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.

R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.

Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.


















Item No.10K

101221-SCA

Rev. 3/2021 18

T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.

22. CANCELLATION

Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell Sewer Equipment Co. of America

By: __________________________ By: __________________________ Jeremy Schwartz Shawn Bondele
Title: Chief Procurement Officer Title: Inside Sales Manager

Date: ________________________

Date: ________________________

Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO

Date: ________________________










































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www.nixon-egli.com
 SO. CALIFORNIA: 2044 South Vineyard Avenue, Ontario, CA 91761 • (909) 930-1822 • FAX (909) 923-2356  NO. CALIFORNIA: 800 East Grant Line Road, Tracy, CA 95376 • (209) 830-8600 • FAX (209) 830-8884 City of Thousand Oaks March 28, 2023
1993 Rancho Conejo Blvd
Thousand Oaks, CA 91320
Attention: Bret Sherman
Reference: Mongoose 254 XL
Quote: #100792
We are pleased to quote you One (1) Mongoose 254 XL Trailer Mounted Jetter, and equipped as follows:

Engine & Pump:
• 74 HP Kohler Diesel Tier IV Engine
• Full Engine Removable Aluminum Shroud
• Engine Display
• Electronic Throttle Control
Pump:
• UDOR 25 GPM @ 4000 PSI w/30 Min Run Dry Capability
• Electronic Water On/Off Control
• Recirculation System
• Bypass / Flow Control Valve
• Pulsation System
• Air Purge System
Tank & Fill:
• 600 Gal. Black Super-Poly Water Tank
• 2-1/2" Hydrant Fill System w/ Garden Hose Fill Adapter Hose Reel & Hose:
• Rotating Safety Hose Reel w/500' Capacity of 5/8" Hose • Industrial Swivel Bearing
Electrical:
• NEMA 4 Control Panel
• Auto Shutdown (High Eng. Temp/Low Oil Pres.
• 12V Power Outlet
• LED Amber Strobe Light
Trailer:
• Single Torsion Axle, 7,000 GVWR
• Electric Brakes w/2-5/16" Ball Hitch
• Aluminum Toolbox - Fender Mounted
• D.O.T. Approved LED Lighting
Accessories:
• 10' Leader Hose
• BB Hose Guide
• Cleaning Nozzle
• Penetrator Nozzle
• Finned Nozzle Extension
• Nozzle Rack
• USB Operator / Owner Manual
•
ATTACHMENT #2
DPW: 1030-10\cp\ev\Council\2023\050923\Purchase of Trailer Mounted Jetter Item No.10K

www.nixon-egli.com

 SO. CALIFORNIA: 2044 South Vineyard Avenue, Ontario, CA 91761 • (909) 930-1822 • FAX (909) 923-2356  NO. CALIFORNIA: 800 East Grant Line Road, Tracy, CA 95376 • (209) 830-8600 • FAX (209) 830-8884

Additional Selected Options:
• Hydraulic Pressure Gauge
• Upgrade To High-Capacity Hose Reel In Lieu Of Standard Capacity (600 Gallon Unit) • 600’ Sewer Hose (5/8" I.D. 4000 P.S.I. Operating Pressure) Per Ft • Digital 'Smart Counter' Footage Meter
• Footage Meter (Mounted on Jet Hose Reel)
• Washdown System W/Gun And 25' Of Hose
• Fill Hose Storage Rack
• Wireless Remote Pendant Control (Precision Pressure Control, Water Pressure Display, Hose Reel Payout/Retrieve, Emergency Stop)
• Led Flood Light (Factory Standard)
• Led Arrow Stick (Factory Standard)
• Add Additional Front Opening Aluminum Toolbox
• Hose Guide / Upstream Pulley Guide Storage
• Six (6) 28" D.O.T. Safety Cones and Holder
• Additional USB Operator's Manual
• Paper Operator's Manual
• Upstream Pulley Guide
• 2-1/2" X 25' Fill Hose
• 6 Engine Keys & Toolbox Keys
• Primus & Root Cutter

Current Lead Time 10-14 Months

This Quote is Valid for 30 Days

Thank you for the opportunity to quote on your equipment needs. If you have any questions, please feel free to contact me.

Sincerely,

Christian Velasco

Christian Velasco
NIXON-EGLI EQUIPMENT CO.

Unit List Price: $99,042.00
Sourcewell Discount 3%: -$2,971.26
Unit Price: $96,070.74
Dealer Items: $16,600.00
Sales Tax (Ventura County 7.25%): $8,168.63
Outbound Freight: $500.00
Total Price: $121,339.37
Item No.10K

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Ord. No. 1714-NS
ORDINANCE NO. 1714-NS

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF THOUSAND OAKS APPROVING A

DEVELOPMENT AGREEMENT WITH SJG LONG

INVESTMENT, RELATING TO THE DEVELOPMENT
OF PROPERTY LOCATED AT 88 LONG COURT
(APN 669-0-202-260), THOUSAND OAKS,
CALIFORNIA (DEVELOPMENT AGREEMENT 2022-
70822-DAGR)

The City Council of the City of T housand Oaks does hereby ordain as follows:

Part I

Based upon the information contained in the Staff Report, exhibits, and public testimony given at a public hear ing on April 25, 2023, the City Council approved this Development Agreement with the following findings:

WHEREAS, to strengthen the public pla nning process, encourage private participation in comprehensive plannin g and reduce the economic risk of development, the Legislature of the State of California adopted Government Code Sections 65864 et seq. (the “Development Agreement Statute”) which authorizes cities to enter into agreements for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property; and
WHEREAS, in accordance with the De velopment Agreement Statute, the City of Thousand Oaks (the “City”) has adopted regulations (the “Development Agreement Regulations”) to implement procedures fo r the processing and approval of development agreements in accordance with the Development Agreement Statute, which are contained in Section 9-11.01 et seq. of the Thousand Oaks Municipal Code; and
WHEREAS, the SJG LONG INVESTMENT (“Developer”) desires to carry out the development of a residential proj ect (“Project”) located at 88 Long Court (APN 669-0-202-260), (“Property”), consistent with the General Plan, Specific Plan (SP 20), other City rules and regulations , and the Development Agreement and vested entitlements referenced therein;

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Ord. No. 1714-NS
WHEREAS, this Development Agreement (2022-70822-DAGR) will assure the City and the Developer that the Project will proceed as proposed and that the Project can proceed without disruption caused by a change in City planning and development policies and requirements, which assurance will thereby reduce the actual or perceived risk of planning, financing and proceeding with construction of the Project and promote the achievement of the privat e and public objectives of the Project;
WHEREAS, the Planning Commission he ld a duty noticed public hearing on March 27, 2023 on the Project, during which the Planning Commission received comments from the Developer, City staff, and members of the general public and made a recommendation to the City Coun cil on the Project entitlements and legislative actions.

WHEREAS, the City Council of the City of Thousand Oaks held a duly noticed public hearing on the Project on April 25, 2023, during which the City Council received comments from the Deve loper, City staff, and members of the general public and approved related entitlements and legislative actions, including a General Plan Amendm ent 2021-70182-LU; Development Permit 2022-70269- DP; Protected Tree Permit 2022-70535-PTP; and Development Agreement 2022- 70822-DAGR;
Part 2
NOW THEREFORE, the City Council of the City of Thousand Oaks does hereby ordain as follows:

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

SECTION 2. This Ordinance is adopted under the authority of Government Code Section 65864 et seq. and pursuant to the City’s “Development Agreement Regulations.”
SECTION 3. In accordance with the Development Agreement Regulations, the City Council hereby finds and determines, as follows:
(a) The Development Agreement is consistent with the goals and policies of the Thousand Oaks General Plan and the Thousand Oaks Boulevard Specific Plan (SP 20);
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Ord. No. 1714-NS

(b) The Development Agreement establishes certain development rights, obligations and conditions for implement ation of the Project located at 88 Long Court (APN 669-0-202-260);

(c) The Development Agreement is in conformity with public convenience, general welfare and good land use practice;

(d) The Development Agreement will not be detrimental to the public health, safety and general welfare;

(e) The Development Agreement will support the orderly development of the Property and the preservation of property values;

(f) The project qualifies as a “Residential” project, which is an allowed use within SP 20;

(g) The project is consistent with the “Commercial/ Residential” land use designation of the Thousand Oaks General Plan;

(h) The architectural design of the project complies with the intent and development standards of SP 20 and the City’s Architectural Design Review Guidelines (Resolution No. 2005-11);

(i) The project has been determined to qualify for both the Class 32 (Section 15332) and Section 15061(b)(3 ) Categorical Exemptions under the California Environmental Quality Act.

SECTION 4. The foregoing findings and determinations are based upon the following:
(a) The Recitals set forth in this Ordinance, which are deemed true and correct;

(b) The City’s General Plan, as amended by General Plan Amendment 2021-70182-LU (City Council Resolu tion No. 2023-013) prior to adoption of this Ordinance;

(c) Resolution No. 2023-013 for the Proj ect entitlements, adopted by the City Council on April 25, 2023, and wh ich Resolutions and exhibits are incorporated herein by reference as if set forth in full; Item No.10L

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Ord. No. 1714-NS

(d) All City Staff reports (and all other public repor ts and documents) prepared for the Planning Commission and City Council, relating to the Development Agreement and other actions relating to the Project;

(e) All documentary and oral evidenc e received at public hearings or submitted to the City during the comment period relating to the Development Agreement, and other actions relating to the Project; and

(f) All other matters of common kn owledge to the Planning Commission and City Council, including, but not limited to the City’s fiscal and financial status; City policies and r egulations; reports, projections and correspondence related to development within and surrounding the City, State laws and regulations and publications.

SECTION 5. The City Council hereby appr oves the Development Agreement, attached hereto as Exhibit A, subject further to such minor, conforming and clarifying changes consis tent with the terms ther eof as may be approved by the City Manager, in consulta tion with the City Attorney to execution thereof, including completion of references and status of planning approvals, and completion and conformity of all exhibits thereto, and conformi ty to the General Plan, as amended, as approved by the City Council.

SECTION 6. The approval contained in Section 5 hereof is subject to and conditioned upon Resolution No. 2023-013, adopted by the City Council approving the General Plan Amendment, becoming effective.

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

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Ord. No. 1714-NS
Part 3
(Uncodified)
Severability

SECTION 8. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not a ffect the validity or consti tutionality of the remaining portions of this title; it being hereby ex pressly declared that this title, and each section, subsection, sentence, claus e and phrase hereof, would have been prepared, proposed, adopted, approved and ratifi ed irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Part 4
(Uncodified)
Effective Date

SECTION 9. This ordinance shall go into full force and effect the thirty-first (31st) day after its final passage, provided; however, if the actions referred to in Section 6 hereof are not effective on such date, then the effective date of this Ordinance shall be the date on which all of said actions become effective, as certified by the City Clerk.

PASSED AND ADOPTED this 9th day of May, 2023, by the following vote:

Ayes:

Noes:

Absent:

Kevin McNamee, Mayor
City of Thousand Oaks City Council

ATTEST/CERTIFY:

Laura B. Maguire, City Clerk

Date Attested: ___________________

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Ord. No. 1714-NS

APPROVED AS TO FORM:

Office of the City Attorney

Patrick J. Hehir, Chief Assistant City Attorney

APPROVED AS TO ADMINISTRATION:

_______________________________
Andrew P. Powers, City Manager

Introduced: April 25, 2023
Published: May 4, 2023, and May 18, 2023
Ordinance No.: 1714-NS
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.

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Ord. No. 1714-NS
EXHIBIT “A”

DEVELOPMENT AGREEMENT

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Thousand Oaks
2100 E. Thousand Oaks Boulevard
Thousand Oaks, CA 91362
Attn: City Clerk

WITH A COPY TO:

Thomas S. Cohen
1534 N. Moorpark Road, #337
Thousand Oaks, CA 91360

(Space Above this Line is for Recorder’s Use Only)

This Development Agreement
is recorded at the request and
for the benefit of the City of
Thousand Oaks and is exempt
from the payment of a
recording fee pursuant to
Government Code § 6103.

DEVELOPMENT AGREEMENT

by and between

CITY OF THOUSAND OAKS

and

SJG LONG INVESTMENT, LLC

THIS DEVELOPMENT AGREEMENT is entered into this 9th day of May, 2023, by and among the CITY OF THOUSAND OAKS, a California municipal corporation (“City”), on the one hand, and SJG LONG INVESTMENT, LLC (“Owner”), on the other hand. City and Owner are at times collectively referred to as the “Parties” herein.

R E C I T A L S

This Agreement is predicated upon the following facts, understandings, and intentions of the Parties.

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A. The State of California adopted the Development Agreement Act to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development. Beginning with California Government Code Section 65864, the Devel opment Agreement Statute authorizes City and an applicant for a development project to enter into a binding development agreement establishing certain development rights in t he real property that is the subject of the development project applicati on. City has also codified the process of development agreements in Chapter 11 of Title 9 of the Thousand Oaks Municipal Code (“TOMC”).

B. Throughout this Agreement, including t he Recitals contained herein, certain capitalized terms are used which are defined in Section 1 of this Agreement. City and Owner intend to refer to those definitions when the capitalized terms are used.

C. Government Code Sections 65864- 65869.5 authorize City to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property.

D. Pursuant to Government Code Secti on 65865, City adopted Title 9, Chapter 11 of the TOMC – Development Agreement s (“Development Agreement Ordinance”), further authorizing this Agreement and est ablishing the City Council’s intent that development agreements be entered into in those situations where the agreement is fair, just and reasonable at the ti me of its execution; and w here it is prompted by the necessities of the situation, or is, by its nature, advantageous to City.

E. Throughout this Agreement the terms “Owner” or “Developer” may be used synonymously, and both refer to SJG LONG INVESTMENT, LLC.

F. On April 27, 2021, the City Council adopted Resolution No. 2021-015, “A Resolution of the City Counc il of the City of Thousand Oaks Declaring Intention to Consider an Amendment to t he Land Use Element of the G eneral Plan Allocating 55 Measure E Units From The City Wide Ca pacity To The Thousand Oaks Boulevard Specific Plan ( SP 20), and Allo wing Concurrent Processing of Entitlement Applications for Land Located at 86 Long Court (LU (LU 2021-70182 / RCA 2021-70181: SJG LONG INVESTMENT)”. As part of that Resolution, the City Council approved LU 2021-70182 and RCA 2021-70181, allocating 55 residential dwelling units from the Citywide Measure E Residential units to the Thousand Oaks B oulevard Specific Plan 20 (SP 20) Measure E residential capacity to the Property.

G. Owner and the City have agreed that the parties should enter into a development agreement pursuant to City’ s Development Agreement Ordinance and proceedings have been taken in accordance wit h the rules and regulations of City and State law.

H. Owner voluntarily enters into this Agreement to implement the General Plan and in consideration for the rights conferred and the procedures specified herein for the development of 88 Long Court, Thousand Oa ks, California A.P.N. Number 669-0-202- Item No.10L

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Ord. No. 1714-NS
260 (“Property” or “Project site”) . City, in the exercise of its legislative discretion, voluntarily enters into this Agreement to implement the General Plan Amendment and in consideration of the agreements and undertakings of Owner as specified herein.

I. Concurrent with this Developmen t Agreement No. 2022-70822-DAGR that specifies public and private benefits and responsibilities related to the proposal, including allocation of 55 units of citywide residential capacity to the project, Owner proposed that City grant Owner the followi ng land use entitlement approv als (hereinafter “Project Approvals”) for the Project (defined below in Section 1 – Definitions) which are incorporated and made a part of this Agreement.

a. General Plan Amendment No. 2021-70182-LU: To allocate 55 dwelling units of citywide Measure E capacity to the project site;

b. Development Permit No. 2022-70269-DP : To allow the demolition of the existing commercial development and the construction of a 73- unit apartment project with a density bonus, and

c. Protected Tree Permit No. 2022- 70535-PTP: To allow the removal of one (1) coast live oak (Quercus agr ifolia) and three (3) California sycamore (Platanus racemosa) trees; and encroachment within the protected zones of twenty-two (22) coast live oak and two (2) California sycamore trees.

J. During the application process, Owner submitted architectural plans, site plans, landscape plans and grading plans to the City for review by staff. The Project was approved subject to certain conditions and the approved plan and conditions of approval are attached to this Agreement as Exhibits C and D.

K. City has approved the Project, subjec t to the associated conditions, and determined that this Agreement is consistent with City’s General Plan and Specific Plan No. 20 and specifically determined that this Ag reement: (1) is fair, just and reasonable; (2) is prompted by the necessities of the situation and is by its nature advantageous to City; and, (3) that this Ag reement encourages and assures private participation in the construction of housing stock, as determined in the absolute discretion of the City Council.

L. On March 27, 2023, the Planning Commission of City considered the Project and the material terms of this Ag reement, at a duly noticed public hearing and made appropriate findings that th e provisions of this agreem ent are consistent with the General Plan and SP 20 and recommended approval of the Project to City Council. This Agreement was thereafter considered by City Council at a duly noticed public hearing on April 25, 2023, in accordanc e with State law and City’ s Development Agreement Ordinance.

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Ord. No. 1714-NS
M. The City Council, after conducting a duly noticed public hearing on April 25, 2023, considered, confirmed, and approved that the Project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Title 14, Chapter 3 of California Code of Regulations, Section 15332 and 15061 respectively, approved the Project as proposed and conditioned per Resolution No. 2023-013, approved the form and material elements of this Agreement, authorized the execut ion of this Agreement, and found that the provisions of this Agreement are consist ent with the General Pl an, State law, and the Development Agreement Ordinance. The City Council conducted the first reading of the new ordinance on April 25, 2023, followed by the City Council’s second reading of the new ordinance on May 9, 2023.

N. This Agreement and the consent of Ow ner to each of its terms, conditions, and obligations will e liminate uncertainty in planni ng and provide for the orderly development of the Property consistent wit h the policies and objectives of the General Plan, Specific Plan No. 20, and proposed zoning, as well as provide funding for certain public infrastructure improvem ents needed for the Project or public projects as further identified in this Agreement. All such public improvements or projects are beneficial to the health, safety, and general welfare of the City in general.

O. In exchange for the benefits to City lis ted herein, City agrees to take those actions required to facilitate Owner’s development of the Project, including the approval, adoption, or issuance of necessary developm ent permits and the future ministerial approval of any additional building plans, building permits, occupancy permits, and other such permits necessary to implement the Pr oject (“Ministerial Approvals”) which are consistent with this Agreement.

P. It is the intent of the Parties that a ll acts referred to in this Agreement shall be accomplished in such a way as to fully comply with the CEQA, state law governing adoption of development agr eements, the Thousand Oaks Municipal Code, City’s Development Agreement Ordinance, and applicable development entitlements.

Q. This Agreement is made and entered into in consideration of the mutual covenants and in reliance upon the various r epresentations and warranties contained herein. The Parties acknow ledge that, in reliance on t he agreements, representations, and warranties contained herein, Owner will take certain actions, including making substantial investments and expenditures of m onies, relative to the Property and the development thereof.

R. This Agreement will eliminate uncer tainty in planning for and securing orderly development of the Project, provide certainty necessary fo r the Owner to make significant investments in constructing t he Project, public gather ing areas, and other improvements, assure the timely and progressive installation of necessary improvements and public services, establish the orderly and measured build-out of the Project consistent with the vision of City’s Specif ic Plan No. 20 and will provide public benefits to City it Item No.10L

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Ord. No. 1714-NS
would not be entitled to absent this Agreement. All such public improvements or projects are beneficial to the health, safety, and general welfare of the City in general.

S. The terms of this Ag reement support a vital and im portant interest of City by ensuring the development is consistent with the General Plan, Specific Plan No. 20 and the upgrading of City infrastructure and improvements.

T. In exchange for the benefits to City, Developer desires to receive the General Plan Amendment and other Project Approvals to permit high density residential use on the Property, the designated number of residential units allocated for the Project, assurance that it may proceed with the Project in accordance with the Project Approvals and existing land use ordinances and development standards in effect on the Agreement Date, subject to the terms and conditions contained in this Agreement and, to secure the benefits afforded Developer by Government Code §65864 et seq ., and the City’s Development Agreement Ordinance.

U. For the foregoing reasons, Owner, and the City (each individually, a “Party” and, collectively, the “Parties”) desire to enter into a developm ent agreement for the Project pursuant to the Development Agreement Act and other applicable laws upon the terms and conditions set forth herein and, in the exhibits, attached hereto.

A G R E E M E N T

NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants contained in this Agreement as well as in consideration of the mutual promises and covenants herein contained and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. Definitions

1.1. “Agreement” means this Devel opment Agreement, identified as City of Thousand Oaks Development Agreement No. 2022-70822-DAGR.

1.2. “Agreement Date” means the dat e this Agreement is executed by both City and Owner.

1.3. “Agreement Effective Date” is t he date on which this Agreement is attested by the City Clerk of the City after execution by Owner and Mayor of the City.

1.4. “Applicable Rules and Laws” m eans the City’s rules, regulations, ordinances, and official policies in force and e ffect as of the Agreement Effective Date governing permitted uses of the land, the density or intensity of use, the maximum height and size of proposed buildings, parking requirements, setbacks, development standards, Item No.10L

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Ord. No. 1714-NS
the provisions for reservation or dedication of land for public purposes, as well as those rules and laws governing design, im provement, and construction standards, specifications, policies and gui delines applicable to dev elopment of the Property, including the General Plan, as amended by the General Plan Amendment, and Specific Plan No. 20, and unless otherwise provided by this Agreement or the Project Approvals.

1.5. “CEQA” means the California Environmental Quality Act and any state and local rules, regulations or guidelines adopted pursuant thereto.

1.6. “City” means the City of Thousand Oaks, California.

1.7. “Development Agreement Ordinance” means Title 9, Chapter 11 of the Thousand Oaks Municipal Code wherein City has set forth the procedures and requirements for consideration and administration of development agreements.

1.8. “Development Fees” means any m onetary fee or exaction other than a tax or special assessment that woul d be charged by a local government agency pursuant to Government Code Section 66000, et seq., to a project applicant in connection with new development for the purpos e of defraying all or a portion of the cost of public facilities related to the new development, in cluding without limitati on, fees for utility construction, use, linkage or connection fees ; public transit; traffic improvement and operations and any other traffi c-related fees; affordable hous ing; sustainability or green initiatives; capital facilities; police and fi re; parks; libraries; and other exactions, assessments, fair share charges or other similar impact fees or charges imposed on and in connection with new development.

1.9. “Future Development Entitl ements” means all necessary City discretionary approvals (including condition s of approval) for the development of the Project that are not addressed in this Ag reement and that must be consistent with the current General Plan and Zone Change Ordinance for the Proj ect Site, the Applicable Laws, and this Agreement.

1.10. “General Plan” means the General Plan of the City.

1.11. “Very Low Income Households ” means household at or below 50 percent of the Area Median Income. Refer to the 2022 Ventura County Income Limits chart attached hereto as Exhibit F and future amendments and revisions thereto.

1.12. “Measure E Residentia l Capacity” means the SP 20 residential units available for allocation and the citywide resident ial units available for reallocation to a proposed development project pursuant to Section 9-2.203 of City’s Municipal Code.

1.13. “Ministerial Approvals” means the non-discretionary City permits and approvals necessary for the development of the proposed Project as required by the Applicable Laws or State law, including but not limited to approval of building plans, final Item No.10L

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Ord. No. 1714-NS
map, building permits, occupancy permits, and other similar types of permits necessary to implement the Project. No twithstanding the foregoing, Mi nisterial Approvals may be processed and approved in accordance with amended versions of the Applicable Laws upon Owner’s request and in Owner’s sole discretion.

1.14. “Moderate Income Households” means household at or below 120 percent of the Area Median Income. Refer to the 2022 Ventura County Income Limits chart attached hereto as Exhibit F and future amendments and revisions thereto.

1.15. “Owner” or “Developer” means SJG Long Investment, LLC and each and all of their respective transferees, partners, successors, and assigns, whether voluntary or involuntary.

1.16. “Processing Fees” means fees and charges (i) adopted by the City for the purpose of defraying the City’s reasonable costs incurred or to be incurred in the processing and administration of any form of permit, license, or land use entitlements, or (ii) imposed by the City to defray the costs of periodically updating its plans, policies, and procedures, including but not limited to, the fees and charges referred to in Government Code Section 66014.

1.17. “Project” means the proposed development of the Property in accordance with the Project A pprovals, this Agreement, and the conditions of approval and mitigation measures adopted as part of this Agreement.

1.18. “Project Approvals” means t hose discretionary City permits and approvals, including those listed in Recital H of this Agreement (including conditions of approval), necessary for the development of the proposed Project consistent with the needed General Plan amendment for the Project Site, the TOMC and other Applicable Laws in effect on the Agreement Effectiv e Date, any amendment to such permit or approval allowed by the TOMC and this Agreement.

1.19. “Property” is that certain real property located within the City of Thousand Oaks at 88 Long Court, Thousand Oaks, California 91362, APN 669-0-202- 260 and as more particularly described in Exhi bit A attached hereto. The Property may also be referred to from time to time herein as the “Project Site.”

1.20. “Reserved Powers” means the rights and authority expected from this Agreement’s restriction on the City’s police powers and which are instead reserved to the City. The Reserved Powers include (a ) the powers to enact regulations or take future Discretionary Actions after the approval of the Project Approvals that may be in conflict with the Applicable Rules and Project A pprovals, but (i) are necessary to protect the public health and safety, and are generally applicable on a citywide basis (except in the event of natural disast ers as found by City Council such as floods, earthquakes, pandemics and similar acts of God) , (ii) are necessary to co mply with State or federal laws and regulations (whether enacted previous or subsequent to the final administrative Item No.10L

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Ord. No. 1714-NS
approval of the Project Approvals), or (iii) constitute Processing Fees and charges imposed or required by the City to cover its actual costs in processing applications, permit requests and approvals of the Project or in monitoring compliance with permits issued or approvals granted for the performance of any conditions imposed on the Project, unless otherwise waived in writing by the City, and (b) the power to enact and amend the Building Codes.

1.21. “Term” means the period of time for which this Agreement shall be effective in accordance with Section 3 below.

2. Exhibits. The following documents are referred to in this Agreement, attached hereto and made a part hereof by this reference.

Exhibits Designation Description
A Legal Description of Property
B Site Plan
C Project Plan Set dated February 27, 2023
D Conditions of Approval
E Green Initiative Outline SJG Long
Investment
F 2022 Ventura County Income Limits Chart

3. Agreement Effective Date and Te rm. This Agreement shall become effective (“Agreement Effective Date”) as set forth in Subsection 1.3 above. Unless extended by mutual written agreement of the Parties, this Agreement shall expire and be of no further force or effect on the earlier of seven (7) years from the Agreement Effective Date (“Term”) or the date on which the City issues a Certificate of Occupancy or approves final permits to allow occupancy of buildings for the Project. The term may be terminated, modified, or extended by mutual consent in writing of the Parties with good cause, not to be unreasonably withheld by the City. Owner intends to submit plans for building permits within the first year of the Te rm, subject to unforeseen dela ys and the Parties will act in good faith to move the project forward thr ough construction and completion in a time efficient manner. Following the expiration of the Term, this Agreement shall terminate and be of no further force and effect, except wit h respect to terms and provisions that expressly survive the termination of this Ag reement. If this Agre ement is terminated because the City has issued a Certificate of Occupancy or otherwise issued final occupancy permits for the entire Project, then Owner’s obligations to make any Public Benefit Payments or provide the Public Benefits as identified in Section 6.1, below, shall Item No.10L

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Ord. No. 1714-NS
survive such termination until the obligation has been completely satisfied. In the event the Project Approvals are c hallenged the Term is tolled th rough the duration of the litigation. All Proj ect Approval expiration dates will extend through the term of the Agreement.

4. State Enabling Statut e. To strengthen the pub lic planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislatur e of the State of Califor nia adopted the Development Agreement Act which authorizes any city to enter into binding development agreements establishing certain development rights in real property with persons having legal or equitable interest in such property. Sect ion 65864 of the Develo pment Agreement Act expressly provides as follows:

“The Legislature finds and declares that:

(a) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and
discourage investment in and a commitment to
comprehensive planning wh ich would make maximum
efficient utilization of resources at the least economic cost to the public.

(b) Assurance to the applicant for a development project that upon approval of the proj ect, the applicant may proceed with the project in accordance with existing policies, rules, and regulations, and subject to conditions of approval will strengthen the public planning process, encourage private participation in comprehensiv e planning, and reduce the economic cost of development.

(c) The lack of public facilities , including, but not limited to, streets, sewerage, transportation, drinking water, school, and utility facilities, is a serious impediment to the development of new housing. Whenever possi ble, applicants and local
governments may include provisions in agreements whereby applicants are reimbursed over time for financing public facilities.”

Notwithstanding the foregoing, to ensure that the City remains responsive and accountable to its residents while pursuing the benefits of development agreements contemplated by the Legislature, the City: (1) accepts restraints on its police powers contained in development agreements only to the extent and for the duration required to Item No.10L

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Ord. No. 1714-NS
achieve the mutual objectives of the Parties as permitted hereunder; and (2) to offset controls and conditions imposed on development project applications.

5. Purpose of this Agreement.

5.1. Public Benefits. This Agreement provides assurances that the public benefits identified in Secti on 6.1, below, will be achiev ed in accordance with the Applicable Rules and Project Approvals and with the terms of this Agreement and subject to the City’s Reserved Powers;

5.2. Developer Objectives. In acco rdance with the legislative findings set forth in the Development Agr eement Act, and with full recogniti on of the City’s policy of judicious restraints on its police powers, Developer wishes to obtain reasonable assurance that the Project may be developed in accordance with the Applicable Rules, the Project Approvals, and other Discreti onary Actions and with the terms of this Agreement, but subject to the City’s Reserved Powers. In the absence of this Agreement, Developer would have no assurance that it can complete the Project with the zoning and proposed density for the development (including, without limitation, the location and number of improvements, pr oposed height and building limit s (e.g., maximum density, maximum floor area, etc.) and the provisions of open space, vehicular access, and parking set forth in this Agreement, the Pr oject Approvals, and other Discretionary Actions. This Agreement, therefore, is nece ssary to assure Develo per that, except as otherwise expressly provided in this Agreem ent, the Project will not be (a) reduced or otherwise modified in density, in tensity or use from what is set forth in the Project Approvals and other Discretiona ry Actions, (b) “subjected to new rules, regulations, ordinances or official policies or plans t hat are not adopted or approved pursuant to the City’s Reserved Powers or (c) subjected to unreasonable delays for reasons other than Citywide health and safety enactments related to force majeure events such as, but not limited to, floods, earthquakes, pandemics, labor shortages and similar acts of God.

5.3. Mutual Objectives. Development of the Project in accordance with this Agreement will provide for the orderly development of the Pr operty in accordance with the policies and objectives set forth in the General Plan, as amended by the General Plan Amendment. Moreover, this Agreement will eliminate uncertainty in planning for and securing orderly development of the Property, assure in stallation of necessary improvements for, and other feat ures of, the Project reflect ed in the Project Approvals, assure attainment of maximu m efficient resource utilizati on within the City at the least economic cost to its citizens and otherwise achieve the goals and purposes for which they Development Agreement Act was enacted. The Parties believe that such orderly development of the Project will provide public benefits to the City through the imposition of development standards and requirements under this Agreement, including without limitation increased tax revenues, installation of onsite and offsite improvements, creation and retention of jobs, and the de velopment of an aesthetically attractive Project, as well as the public benefits described in Section 6.1, below. In addition, although development of the Project in accordance with this Agreement will restrain the City’s land use or other Item No.10L

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Ord. No. 1714-NS
relevant police powers, this Agreement provides the City with sufficient reserved powers during the Term hereof to remain responsi ble and accountable to its residents. In exchange for these and other benefits to the City, Developer will receive assurance that the Project may be developed during the Term of this Agreement in accordance with the Applicable Rules, Project Approvals and other Discretionar y Actions, and the Reserved Powers, subject to the terms and conditions of this Agreement.

5.4. Applicability of the Agreement. This Agreement does not (a) grant height, density or intensity in excess of that otherwise established in the Applicable Rules and the Project Approvals; (b) eliminate future Discretionary Actions relating to the Project if applications requiring such Discretionary Action are init iated and submitted by the Owner of the Property after th e Effective Date of this Agreement; (c) guarantee that Developer will receive any profits from the Project; (d) prohibit the Project’s participation in any benefit assessment distri ct that is generally applicab le to surrounding properties; (e) amend the General Plan or Specific Plan No. 20, or (f) amend the City’s Planning and Zoning Code (Title 9). This Agreement has a fixed Term. Furthermore, in any subsequent Discretionary Actions applicabl e to the Property, the City may apply such new rules, regulations and official policies as are contained in its Reserved Powers.

6. General Acknowledgement . This Agreement is entered into for the purpose of permitting the development of the Property in a manner that will assure certain anticipated benefits to both City and Owner as set forth in this Section.

6.1. Benefits to City and Obligations of Owner. The benefits to City (including, without limitation, the residents of City) and obligat ions of Owner under this Agreement include, but are not limited to:

6.1.1. Construction of the Project in a single phase which increases residential stock in the City by adding up to 65 market rate apartments with a mix of unit types;

6.1.2. Provision for six (6) Very Low Income Households apartment units in the podium buildings made up of 3 two-bedroom units and 3 one-bedroom units with a covenant to maintain the six affordabl e units in the Very Low Income range for seventy (70) years;

6.1.3. Owner will provide two (2) Moderate Income Households apartment units made up of 1 one-bedroom unit and 1 two-bedroom unit with a covenant to maintain the two affordable units in the Moderate Income range for seventy (70) years;

6.1.4. Removal of non-conforming uses and blighted structures, and replacement with conforming mixed-use residential and commercial uses and structures.

Item No.10L

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