Thousand Oaks City Council
May 9, 2023

Ord. No. 1714-NS

6.1.5. Publicly accessible exte rior plazas and open spaces as generally shown on Exhibits B and C equating to approximately 4,500 square feet or 11% of the total building footprint square footage.

6.1.6. Provision of necessary fees dedications and public improvements that will provide benefits for the community;

6.1.7. Approximately 600 square f eet of work/share space that provides an amenity for tenants to work remotely;

6.1.8. Enhanced architectural desi gn with appropriate massing and scale, extensive articulation, glazing, and extensive detailing with upgraded materials;

6.1.9. Integrate sustai nable features includi ng but not limited to rooftop solar farm and EV char ging stations. Additionally, 5% of the total 126 parking spaces (7 spaces) will be equipped with EV chargers on the first day the apartments are approved to be occupied. 20% of the parking spaces will be EV Capable (25 spaces). 35% of the parking spaces (44 spaces) will be EV Ready. Owner will also be installing all electric appliances for all 73 residential units, all which go beyond Title 24 requirements.

Exhibit E is attached which outlines the green initiatives vision for 88 Long Court that may be implemented;

6.1.10. Three (3) live/work units which results in the Project providing vehicular trip reduc tion benefits as a result of t he dedication of live/work units and work share space for use by the residents of 88 Long Court;

6.1.11. Provision grant ing City a three-foot wide easement for the possible future widening of the sidewalk that runs al ong the west side of 88 Long Court.

6.2. Benefits to Owner and Obligatio ns of City. Owner will expend time and money in constructing public improvem ents and facilities in connection with the Project, and thus the vested rights provided by this Agreement will be of considerable benefit to Owner. The benefits to Owner and obligations of City also include the following:

6.2.1. City’s adoption of a General Plan amendment and approval of the other Project Approvals to provide for residential units on the property, which significantly enhances the value of the Property;

6.2.2. Consistent with Californi a Government Code Section 65915, the City’s approval of 19 “density bonus” market rate units above and beyond the 54 base density units permitted by the General Plan’s 30 dwelling units per ac re limitation, in exchange for 6 affordable units reserved for Ve ry Low Income Households (i.e., 11% of the 54 base density units) as well as 2 units at the Moderate Income Households level;

Item No.10L

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Ord. No. 1714-NS

6.2.3. City’s approval of the applications identified in Recital I above; City’s guarantee that certain Processing Fees and Development Fees related to development of the Property will not increase during the term of the Agreement;

6.2.4. City’s agreement to allow Owner to have all applications for City entitlements processed in accordance with the Project Approvals and Applicable Laws during the Term of this Agreement. All Project Approvals will last for the Term of the Agreement unless terminat ed by mutual consent or pursuant to the rights and authority provided for under this Agreement;

6.2.5. City’s agreement to not change the existing zoning and General Plan designations of the Property without Owner’s consent during the Term of this Agreement; and

6.2.6. City’s assurance that any permits for the Project as described herein for which owner has submitted plans entit led “Project Plans” (attached as Exhibit C) will be processed expeditiously and assigned a dedicated City planner.

6.2.7. City’s agreement to allow Owner to defer payment of City Development Fees for a period of twenty-four (24) months, with a possible six (6) month extension if requested by Owner in writing and Owner has demonstrated the company is moving towards developing and completing the project. Notwithstanding Owner’s ability to defer payment of City De velopment Fees, Owner must pay the interest on the determined total value of the City Development Fees calculated for the Project before any City-issued building, grading, demolition, or other type of permit related to construction is issued. The interest rate will be determined at the time the permits are being sought and the rate will be based on the am ount the City could earn in a two-year treasury. In addition, all City impact fees due from Owner , or anyone assigned the rights under this Agreement, must be paid before a Certificate of Occupancy or other City action to approve occupancy of the apartment complex is issued.

7. Project Development

7.1. Project Description and Binding Co venants. The Property is that property described in the attached Exhibits A and B which inclu de a map showing its location and boundaries. The Property is commonly described as located at 88 Long Court, Thousand Oaks, California A.P.N.669-0-202-260. Owner represents that it has a legal or equitable interest in the Property and that all ot her persons holding legal or equitable interests in the Property (excepti ng owners or claimants in easements) agree to be bound by this agreement. The Parties in tend and determine that the provisions of this Agreement shall constitute covenants which shall run with said Property, and the burdens and benefits hereof shall bind and inure to all successors in interest to the Parties hereto. Owner further agrees that based on the affordable units Owner is constructing and managing in the Project, Owner will ex ecute an Affordable Rental Housing Item No.10L

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Ord. No. 1714-NS
Regulatory Agreement declaring a restrictive covenant on the affordable units created in the Project.

7.2. General Development. Any de velopment of the Project on the Property shall be conduc ted in accordance with the te rms and conditions of this Agreement and attached exhibits.

7.3. Ministerial Approval s. City hereby agrees that Ministerial Approvals for the Project will be approved in a manner c onsistent with the Project Approvals and Applicable Laws, provided that Owner sati sfactorily complies with all preliminary procedures, actions, payments, criteria, and r egulations applicable as of the Agreement Effective Date and generally required of dev elopers by City for processing applications for developments at such time.

7.4. CEQA Compliance. The City C ouncil found the development of the project to be exempt from CEQA under Title 14, Chapter 3 of California Code of Regulations, Section 15332 and the General Plan Land Use Element amendment is exempt under Section 15061. The Project is subject to all applicable mitigation measures and project design features as described in Program EIR No. 327. Accordingly, City acknowledges and agrees that the Project is compliant with CEQA rules, regulations, and requirements.

7.5. Permitted Uses and Development Standards. In accordance with and subject to the terms and conditions of this Agreement, Developer shall have a vested right to develop the Property for the uses and in accordance with and subject to the terms and conditions of this Agreement, the Proj ect Approvals, the Future Development Entitlements (if and when approved), Minister ial Approvals (if and when approved), any amendments to the foregoing approved by the Cit y, and, to the extent not addressed in the foregoing, the Applicable Laws, the exhibits attached hereto and incorporated herein by reference, and any amendments to the Project Approvals or Agreement as may, from time to time, be approved pursuant to this Agreement.

7.6. Owner to Build Approved Proj ect. Owner hereby agrees that development of the Project shall be in acco rdance with the Project Approvals, including the conditions of approval and the mitigation measures and pr oject design features for the Project as adopted by City, any amendments to the Project Approvals or Agreement as may, from time to time, be approved pursuant to this Agreement, the Future Development Entitlements (if and when approv ed), Ministerial Approvals (if and when approved), any amendments to the foregoing approved by the City, and, to the extent not addressed in the foregoing, the Applicable Laws. Nothing in this Section shall be construed to restrict the ability to make minor changes and adjustments in accordance with Subsection 10.2. Notwithstanding the foregoing, nothing in this Agreement shall require Owner to construct the Project or pay fees for any portion of the Project that Owner does not construct.

Item No.10L

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Ord. No. 1714-NS

7.7. Timing of Development. The California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that failure of the parties in that case to provide for the ti ming of development resulted in a later adopted initiative restricting the timing of development to prevail over the parties’ agreement. It is the intent of Developer and the City to cure that deficiency by expressly acknowledging and providing that any future City action that purports to limit over time the rate or timing of development or to alter the sequencing of development phases (whether adopted or imposed by the City Council or through the initiative or re ferendum process) shall not apply to the Project and shall not prevail over this Agreement. In par ticular, but without limiting any of the foregoing, no numerical re striction shall be placed by the City on the amount of total square feet or the number of buildings, stru ctures, residential units that can be built each year on the Pr operty except as expressly provided in this Agreement.

The Project shall be completed within the Term unless extended pursuant to this Agreement. Owner intends to submit plans for building permits within the first year of the Term, subject to unforeseen delays. Owner shall use commercially reasonable efforts to diligently pursue completion of the Project on or before June 30, 2029. In the event that Owner fails to obtain building permits to commence construction on any portion of the Project on the subject Property prior to J une 30, 2027, this Agreement shall be deemed terminated as of said date and all reservations or allocations of market-rate Measure E units shall revert to the City’s Measure E capacity.

8. Rules, Regulations, and Fees.

8.1. Main Rules, Regulations, Ordinanc es and Policies. For the Term of this Agreement, the rules, r egulations, ordinances and official policies governing the permitted uses of land, the density and intens ity of use, phasing, design, improvement and construction standards and specificati ons applicable to the development of the Property, including the maximum height and size of proposed buildings, shall be the Applicable Laws, the Project A pprovals, Conditions of Approval (Exhibit D), the Future Development Entitlements (if and when approv ed), Ministerial Approvals (if and when approved), any amendments to the foregoing approved by the City, and Project Plan Set dated February 27, 2023 (Exhibit C). Except as otherwise provided in this Agreement, to the extent any future changes in the General Plan, zoning co des or any future rules, ordinances, regulations, or policies adopted by the City purport to be applicable to the Property but are inconsistent with the terms and conditions of this Agreement, the terms of this Agreement shall prevail, unless the Parties mutually agree to amend or modify this Agreement.

8.2. Changes in State and Federal Rules and Regulation s. Nothing in this Agreement shall preclude the applicati on to the development of the Property of changes in City’s laws, regulations, plans, or policies, the terms of which are specifically mandated and required by changes in state and federal laws or regulations as provided in Government Code Section 65869.5. This includes, but is not limited to, the California Building Code, California Fire Code, Cali fornia Mechanical C ode, California Plumbing Code, California Residentia l Code, California Green Building St andards Code, and Item No.10L

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Ord. No. 1714-NS
California Energy Code all of which have al so been adopted in the TOMC. In the event State or federal laws or regulations enacted after the Agreement Date prevent or preclude compliance with one or more provisions of th is Agreement or require changes in plans maps or permits approved by the City, this Agreement, or portions thereof, may be modified, extended, or suspende d as may be necessary to comply with such State or federal laws or regulations or the regulations of such other governmental jurisdiction.

8.3. No City Liability for Federal or St ate Actions Affecting Project. To the extent that any actions of federal or st ate agencies (or actions of regional and local agencies, including City, insofar as they are required by said federal or state agencies) have the effect of preventing, delaying, or modifying dev elopment of the Property, City shall not in any manner be liable for any such prevention, delay, or modification of said development or for costs incurred by Developer in complying with such actions. To the extent possible, in the event of any ambiguity, any such regulations shall be applied and construed so as to provide the Owner with the rights and assurances provided under this Agreement.

8.4. Development Impact Fees an d Public Benefit Program Cash Contribution. All City Processing Fees and Development Fees to Owner for the Project shall be at the rates in effect on the Agreement Effective Date. Fees payable directly to, or collected by City for payment on behalf o f, other public agencies, including but not limited to the State of California, County of Ventur a, Ventura County Watershed Protection District, Calleguas Municipal Wa ter District, Conejo Recreation and Park District, and Conejo Valley Unified School District, are not subject to the limitation set forth herein. Any fees, charges, taxes, assessments, or levies (including, but not limited to, those for water and wastewater usage, and landscape and lighting assessments) other than Processing Fees and Development Fees that are revised or adopted on a Citywide or regional or communitywide basis during the te rm of this Agreement shall apply to the Property. Owner may defer pay ment of City Development Fees for a period of twenty- four (24) months, with a possible six (6) month extension if requested by Owner in writing and Owner has demonstrated the company is moving towards developing and completing the project. Notwithstanding Owner’s ability to defer payment of City Development Fees, Owner must pay the interest on the determined total value of the City Development Fees calculated for the Project befor e any City-issued building, grad ing, demolition, or other type of permit related to construction is issued. The interest rate will be determined at the time the permits are being sought and the rate will be based on the amount the City could earn in a two-year treasury. In addition, all City Developm ent fees due from Owner, or anyone assigned the rights under this Agreemen t, must be paid before a Certificate of Occupancy or other City action to approve occupancy of the apartment complex is issued.

8.5. Health and Safety Exception. Nothing herein shall be construed to limit the authority of City to adopt and appl y codes, ordinances and regulations which have the legal effect of protecting persons or property from conditions which create a serious and imminent health, safety, or physical risk. To the extent possible, any such Item No.10L

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Ord. No. 1714-NS
codes, ordinances, and regulations shall be app lied and construed so as to provide the Owner with the rights and assurances provided under this Agreement.

8.6. Uniform Codes Applicable. Al l project construction, grading, and building plans for the Project shall comply with the uniform codes, construction standards and specifications in effect at the time the construction and im provements plans are approved, including those standards and specifications set forth in the California Building Code, California Fire Code, California Me chanical Code, California Plumbing Code, California Residential Code, California Gr een Building Standards Code, and California Energy Code all of which have also been adopted in the TOMC.

8.7. Future Development Entitlement s. City agrees to cooperate with Owner to facilitate the processing of and to expeditiously process all Future Development Entitlements and City shall exercise its di scretion in a manner c onsistent with and in recognition of this Agreem ent, the Project Approvals, the Applicable Laws, and other approved documents associated with this Agr eement. City and Owner shall meet to identify all necessary Future Developm ent Entitlements and to develop a schedule processing them. City and Owner agree to cooperatively work together to ensure timely review and processing of the Future Development Entitlements.

9. Relationship of Parties. The co ntractual relationship between City and Owner is independent and under no circumstances shall Owner be considered an agent or partner of City.

10. Amendments and Cancellation of Ag reement. This Ag reement may be amended in whole or in part only in writing and only by the mutual consent of the Parties.

Amendments shall be processed either as Major Amendments or Minor Amendments, as defined and set forth below in Subsections 10.1 and 10.2.

10.1. Major Amendments. Amendments to this Agreement which affect or relate to (a) the Term of this Agreement; (b ) the permitted uses of the Property; (c) the provisions for the reservation or dedication of land; (d) an increase in the density or intensity of use of the Property or the maximum height or maximum gross square footage; (e) changes to the percentage of commercial uses to residential use; or (f) changes to the community benefits affecting the total monetar y contributions by Developer, shall be deemed a “Major Amendment” and shall require giving of notice and a public hearing before the Planning Commission and the City Council in accordance with Government Code Section 65868 and TOMC Section 9-11.14(a). Any amendment which is not a Major Amendment shall be deemed a Minor Amendment subject to Subsection 10.2 below.

Consistent with Sections 10. 1 and 10.2, the City Manager or his or her designee shall have the discretionary authorit y to determine if any amendm ent is a Major Amendment subject to this Section or a Minor Amendment subject to Subsection 10.2 below. Said determination may be appealed to the City Council.

Item No.10L

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Ord. No. 1714-NS

10.2. Minor Amendments. The Parties acknowledge that refinement and further implementation of the Project may demonstrate that certain minor changes may be appropriate with respect to the details of the development an d performance of the Parties under this Agreement, Minor changes include any modification to the Project that is substantially consistent with the intent of the Projec t Approvals and does not involve any deviation from the Specific Plan No. 20 or Applicable La ws. The Parties desire to retain a certain degree of flexibility with re spect to the details of the Project and with respect to those items covered in the general terms of this Agreement. If and when the Parties find that clarifications, minor c hanges, or minor adjustments are necessary or appropriate and do not constitute a Major Amendment under Subsection 10.1, they shall effectuate such clarifications, minor changes or minor adjustments through a written Minor Amendment approved in writing by Owner and the City Manager. Minor amendments authorized by this subsection ar e ministerial and may not constitute a discretionary action or “am endment” for the purposes of Government Code Sections 65867, 65867.5, and 65868. Unle ss otherwise required by law, no such Minor Amendment shall require prior notice or hearing.

11. Cancellation and Termination. This Agreement may be canceled, in whole or in part, by mutual consent of the Parties in the manner provided for in Government Code Section 65868 and TOMC Section 9-11.14. Any termination under Government Code Section 65865.1 or TOMC Se ction 9-11.14(b) shall be e ffective only if Owner is provided no less than thirty (30) days in which to cure any alleged noncompliance, provided that City shall not terminate this Agreement purs uant to Section 65865.1 or Section 9-11.14(b) if City determines that the nature of the noncompliance requires more than thirty (30) days to cure and that Owner is capable of effecting such cure, and within such thirty (30) days Owner commences su ch cure and thereafter diligently and with continuity prosecutes such cure to comp letion. Any termination of this Agreement pursuant to Government Code Section 65865. 1 or TOMC Section 9-11.14(b) shall be preceded by an opportunity for Owner to be heard before the City Council. This provision shall not limit City’s or Owner’s remedies as provided in this Agreement.

12. Enforcement. Unless canceled or terminated as provided herein, this Agreement is enforceable by City, Owner, or any successo r in interest, notwithstanding any change in any applicable General or specif ic plan, zoning, or subdivision regulation adopted by City or otherwise imposed which alte rs or amends the rules, regulations or policies specified in this Agreement.

13. Periodic Review of Compliance with Agreement.

13.1. Periodic Review. City may revi ew compliance with this Agreement every twelve (12) months from the date this Agreement is executed unless a shorter time is specified by the City Council. City shall notify Owner in writing of the date for review at least thirty (30) days prior thereto, and Owner shall provide such information as City may require so City may properly perform the review. The City shall conduct any such annual review to determine whether Developer is acting in good-faith compliance with the Item No.10L

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Ord. No. 1714-NS
provisions of this Agreement in accor dance with Section 65865. 1 of the California Government Code. Developer shall reimburse the City for the cost of each annual review conducted during the term of this Agreement. Such cost reimbursement shall include all direct and indirect expenses actually incurred in such annual reviews, provided that such cost shall be generally consis tent with the cost changed fo r annual reviews for other development agreements to which the City is a party.

13.2. Good Faith Compliance. Duri ng each periodic review, Owner shall be required, in accordance with TOMC Secti on 9-11.13, to demonstrate by substantial evidence good faith compliance with the terms and conditions of this Agreement.

14. Events of Default.

14.1. Defaults by Owner. If City determines that Owner is in default under the terms and conditions of this Agreement, City shall, by written notice to Owner, specify the manner in which Owner is in default and state the steps Owner must take to comply.

If, within thirty (30) days after the effective date of notice from City specifying the manner in which Owner has failed to so comply, Owner does not commence all steps reasonably necessary to comply as required and/or ther eafter diligently and with continuity pursue such steps to cure the def ault, then Owner shall be deemed to be in default under the terms of this Agreement and City may seek to terminate this Agreement providing Owner an opportunity to be heard before the City Council in accordance with Government Code Section 65865.1 and TOMC Secti on 9-11.14(b), or seek other remedies as set forth in this Agreement.

14.2. Defaults by City. If Owner determines that City is in default under the terms and conditions of this Agreement, Owner shall, by written notice to City, specify the manner in which City is in default and state the steps City must take to comply. If, within thirty (30) days after the effective date of notice from Owner specifying the manner necessary to comply as required and/or t hereafter diligently and with continuity pursue such steps to completion, then City shall be deemed to be in default under the terms of this Agreement and Owner may terminate this Agreement or seek other remedies as set forth in this Agreement.

14.3. Failure to Cure Default Proced ures. If after the cure period has elapsed, the Director finds and determines that Owner remains in default, the Director shall make a report to the Cit y Council and then set a public hearing in accordance with the notice and hearing requirements of Government Code Section 65867 and 65868. If, after public hearing, the City Council finds and determines, on the basis of substantial evidence that the Owner has not cured the applicable default pu rsuant to this Section, City Council may terminate the Agreement and seek all remedies permitted under law.

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

Item No.10L

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Ord. No. 1714-NS
The Parties agree and recognize t hat, as a practical matter, it may not be possible to determine an amount of monet ary damages that would adequately compensate Owner for its investment of time and financial resources in planning to arrive at the kind, location, intensity of use, and improvements for the Project, nor to calculate the consideration the City would require to enter into this Agreement to justify the exposur e. Therefore, the Parties agree that each of the Parties may pursue any remedy at law or equity available for any breach of any provision of this Ag reement, except that neither Party nor any Transferee shall be liable in monetary damages and the Parties covenant not to sue for or claim any monetary damages for the breach of any provision of this Agreement. The Parties understand and agr ee, however, that nothing in th is Section 14.4 shall prohibit, restrict, or otherwise affect the rights of a Party to seek monetary damages as a result of Owner's failure to make the required Bene fit Payments or pay to the City any other required payments under this Ag reement. If Owner fails to make the Public Benefit Payments as required by this Agreement, the City shall be ent itled to sue for the City's actual, direct monetary damages in the amount of such unpaid Benefit Payments. In no event shall either Party be entitled to spec ial, consequential, or punitive damages or damages measured by lost profits.

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

15. Waivers and Delay.

15.1. Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, and failure by a Party to exercise its rights upon a default by the other Pa rty hereto, shall not constitute a waiver of such Party’s right to demand strict compliance by such other Party in the future.

15.2. Third Parties. Non-performanc e shall not be excused because of a failure of a third person, except as provided in Subsection 15.4.

15.3. Covenant Not to S ue. Notwithstandi ng anything to t he contrary in this Agreement, Developer her eby agrees that neither Deve loper nor any of its agents, employees, representatives, members, managers, office rs, assigns, heirs and successors in interest shall commence, pr osecute, assist, promote or encourage, financially or otherwise, either individually or in any collective way, either directly or indirectly, either on its own behalf or on behalf of any other person or entity, any arbitration, litigation or any other judicial proceeding of any kind, nature or description against or involving the City challenging that any applicable condit ions, mitigation measures, obligations, requireme nts or restrictions contained in the Agreement violate any California statutory require ments, constitute an abuse of the police power, violate Item No.10L

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Ord. No. 1714-NS
substantive due process, deny equal protection of the laws, constitute or result in a taking of property without payment of just compensation, or impose an unlawful fee, or exaction or tax. Nothing in this Section shall prev ent Developer from exercising its rights under Section 14, above, with respect to a default by the City.

15.4. Force Majeure. The Parties shall not be deemed to be in default of any provision of this Agreement where fail ure or delay in performance of any of its obligations under this Agreemen t is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, pandemic, states of emergency, stay-at-home orders, strikes and other labor difficulties, or similar events and occurrences beyond the Parties’ control. If any such events shall occur, the terms of this Agreement and the time for performance by a Party of any of its ob ligations hereunder shall be extended by the period of time that such ev ents prevented performanc e of the obligation. To assist the Parties in determining the period of time fo r excusable delay, the Parties may refer to federal, State, and local orders, including health orders, adopted by any of the various agencies that directly impact this Project and t he Parties’ ability to either work on the Project or process permits.

15.5. Nexus/Reasonable Relationshi p Challenges. Notwithstanding Subsection 15.1, Owner consents to, and waives any rights it may have now or in the future to bring a nexus/reasonable relationship challenge relating to the legal validity of (1) the express conditions, requirements, policies, rules, regulations or programs required by City’s Applicable Laws, including City’s General Plan, TOMC, Subdivision Map Act regulations, Specific Plan No. 20, Residential Planned Development rules and regulations, and Oak/Landmark Tree Preservation rules and regulations as they exist on the Agreement Date as to the Project; or (2) this Agreement, including without limitation, any claim that the Agreement constitute s an abuse of the police power, violates substantive due process, denies equal protection of the laws, constitutes or results in a taking of property without payment of just compensation, or imposes an unlawful fee, exaction, or tax.

15.6. Cooperation by Owner. Owner will, in a timely manner, provide City with all documents, applications, plans, and other information necessary for City to carry out its obligations hereunder, and cause Ow ner’s planners, engineers, and all other consultants to submit in a timely manner all required materials and documents, therefore.

Owner shall also apply in a timely manner for such other permits and approvals from other governmental or quasi-government al agencies having jurisdiction over the Property as may be required for the development of the Project.

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

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

City of Thousand Oaks
2100 E. Thousand Oaks Boulevard
Item No.10L

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Ord. No. 1714-NS
Thousand Oaks, California 91362
Attention: Community Development Director
Email: [email protected]

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

SJG Long Investment, LLC
1161 Oak Mirage Place, Thousand Oaks, CA 91362
Attention: Jason Lo
Telephone: 805 300 3788
Email: [email protected]

With a copy to:

Thomas S. Cohen, Esq.

Cohen Land Use Law, LLP
1534 N. Moorpark Road, #337
Thousand Oaks, CA 91360
Email: [email protected]
Item No.10L

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Ord. No. 1714-NS
Formal written notices, demands, corres pondence and communications between City and Owner shall be sufficiently given if dispat ched by certified mail, postage prepaid, to the principal office of City and Owner, as set forth in this Section. Owner shall give written notice to City, at least thirty (30) days prior to the close of escrow, of any sale or transfer of any portion of the Property and any assignment of this Agreement, specifying the name or names of the transferee, the transferee’s mailing address, the acreage and location of the land sold or transferred, and the name and address of a si ngle person or entity to whom any notice relating to this Agreement shall be given, and any other information reasonably necessary for City to consider approval of an assignment pursuant to Section 16 or any other action City is required to take under this Agreement.

Any notice given as required, herein, s hall be deemed given a seventy-two (72) hour notification after deposit in the United States mail, if sent by mail, or upon delivery if personally delivered. A Party may change its address for notices by giving notice in writing to the other Party as requi red, herein, and thereafter not ices shall be addressed and transmitted to the new address.

17. Cooperation in the Ev ent of Legal Challenge.

17.1. Challenges to Agr eement. In the event of any legal action instituted by a third party, including but not limited to any other governmental entity or official, challenging the validity of any provision of this Agreement, City and Owner hereby agree to use reasonable efforts to cooperate in defendi ng such action. Each Party shall bear their own costs and attorney’s fees in def ending any such third-party challenge to the Agreement, except that the Parties may by mutual written consent agree to joint legal representation in any such su it, the cost of which sha ll be equally shared between City and Owner. In the event of any litigation chall enging this Agreement, or any portion hereof, this Agreement shall remain in full force and effect while such litigation, including any appellate review, is pending.

17.2. Challenges to Entitlements. In th e event of any administrative, legal, or equitable action or other proceeding instituted by any person or entity not a party to the Agreement challenging any en titlement issued in relianc e upon City approvals or challenging the sufficiency of any environm ental review of this Project (each an “Entitlement Challenge”), each Party must cooperate in the defense of such Entitlement Challenge, in accordance wit h this Section. Owner agr ees to pay City’s costs of defending an Entitlement Challenge, including all court costs and r easonable attorney’s fees incurred by City in defense of any Entitl ement Challenge, as well as the time of the City’s staff spent in connecti on with such defense, and any co sts and attorneys’ fees awarded against the City to a successful thir d party. Owner may select its own legal counsel to represent Owner’s interests in any Entitlement Challenge at Owner’s sole cost and expense. City agrees that it will not ent er into a settlement agreement to any Entitlement Challenge without Owner’s written consent. Owner’s obligation to pay City’s costs in the defense of an Entitlement Challenge does not extend to those costs incurred on appeal filed by City as against a successful third party unless otherwise authorized by Owner in writing.

Item No.10L

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Ord. No. 1714-NS

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

18. Transfers and Assigns.

18.1. Transfers in General. Owner sha ll have the right to sell, assign or transfer (collectively “transfer”) this Agreement, and any and all of its rights, duties and obligations hereunder, to any person or entit y at any time during the term of this Agreement, provided, however, in no event shall the rights, dut ies and obligations conferred upon Owner pursuant to this Agreement be at any time so transferred to or assigned except through a transfer of Owner's interest in the Property or a portion thereof.

18.2. City Review of Pr oposed Transfer. Prior to any such proposed transfer, Owner shall provide a Notice of Transfer to City, including the name, net worth, and development experience of the transferee. Any such transfer to an entity whose development experience confirms the transferee's ability to develop a project comparable in size and complexity to the Project s hall be approved by the Community Development Director. Unless agreed to in writing, if Owner transfers the rights under the Agreement before the Project is completely construct ed, the subsequent Owner will be required to build or complete the construction of t he Project based on the architectural plans approved by City and under the same entitlement conditions previously approved, subject to any changes proposed consistent with subsections 10.1 and 10.2 above. The Director may require the submittal of reasonable documentation regarding the information provided relative to the proposed transferee. Any proposed transferee shall provide City all documents within fifteen (15) days from receipt of the Director’s request that support a finding transferee has the requisite experience and the financial stability to develop the Project or respective portion thereof. The Community Development Director may withhold approval of such transfer only if the pr oposed transferee fails to provide requested document to the Director in the time se t forth above, the Director determines with reasonable discretion that the transfer would be to an entity that has not had experience developing projects of comparable size and comp lexity to the Project, or the entity does not have sufficient net worth and financial fitne ss to carry out the Project, provided that the Community Development Director's approval shall not be unreasonably withheld. City shall notify Owner in writing of the Co mmunity Development Director’s approval or disapproval of the transferee within thirty (30) days of City's receipt of Owner's Notice of Transfer and all supporting information requested by the Director regarding the proposed transferee. Failure by City to notify Owner within such thirty (30) day period shall constitute the Community Development Directo r's approval of such transferee. Owner shall have the right to appeal the determination of the Community Development Director to the City Council within ten days of the Director’s determination.

18.3. Transfer to Lender. Nothing co ntained in this Section 18 shall prevent a transfer of the Property, or any port ion thereof, to an institutional lender as a Item No.10L

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Ord. No. 1714-NS
result of a foreclosure or deed in lieu of foreclosure and any lender acquiring the Property, or any portion thereof, as a result of foreclosure or a deed in lieu of foreclosure shall take such Property subject to the rights and ob ligations of Owner under this Agreement; provided, however, that, in no event shall such lender be liable for any defaults or monetary obligations of Owner arising prior to acquisition of title to the Property by such lender and, provided further that, in no event shall any such lender or its successors or assigns be entitled to a build ing permit or occupancy clearance for which the applicable permits have not been issued and/or fees have not been paid to City.

18.4. Conditions of Trans fer. The sale, transfer or assignment of Owner's rights and interests under this Agreement may be permitted only if (a) Owner is not then in default under this Agreemen t; (b) Owner has provided to Cit y notice of such transfer; and (c) the transferee executes and delivers to City a written agreement in which (1) the name and address of the transferee is set fo rth; and (2) the tran sferee expressly and unconditionally assumes all the obligations of Owner under this Agreement with respect to the Property and Project or with respect to the portion of the Property and Project that is being transferred.

18.5. Exceptions to Obtaining City Consent. Notwithstanding Subsection

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

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

Item No.10L

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Ord. No. 1714-NS

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

20. Severability. If any terms, provis ions, conditions or covenants in this Agreement, or the application t hereof to any Party or circum stances, shall to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms, provisions, conditions or covenant s to persons or circ umstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

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

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

23. Rules of Construction and Miscellaneous Terms.

23.1. General/Mandatory/Permissive. T he singular includes the plural; the masculine gender includes the feminine; “shall” is mandatory, “may” is permissive.

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

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

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

23.5. Estoppel Certificates. Either Party may, at any time, and from time to time, deliver written notice to the other Party requesting such Party to certify in writing that, to the knowledge of the certifying Party, (a) this Agreement is in full force and effect and a binding obligation of th e Parties; (b) this Agreem ent has not been amended or modified or, if so amended or modified, identifying the amendments or modifications; and (c) the requesting Party is not in default in the performance of its obligations under this Item No.10L

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Ord. No. 1714-NS
Agreement, or if in default, to describe therein the nature and extent of any such defaults.

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

23.6. Project Is Owner’s Undertaki ng. The development proposed to be undertaken by Owner is a private developm ent, and Owner may exercise full dominion and control over the Project su bject only to the limitations and obligations of Owner contained in this Agreement and the Project Approvals.

23.7. Entire Agreement. This Agr eement and any exhibits hereto or any amendments and addenda that may be executed in accordance with Section 10 herein contains the entire agreement between the Parties and any agreement or representation respecting the matters dealt with herein or the duties of any Pa rty in relation thereto not expressly set forth in this Agreement shall be null and void.

23.8. Recitals. The Recitals set fort h in this Agreement are specifically incorporated into and made a part of this Agreement.

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

The Property and Owner are s ubject to each term, condition, and covenant of this Agreement.

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

Nothing herein shall waive or limit the provisions of Section 18, and no successor owner of the Property, any port ion of it, or any interest in it shall have any rights except those assigned to the successor by the developer in writing purs uant to Section 18. In any Item No.10L

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Ord. No. 1714-NS
event, no owner or tenant of an individual co mpleted residential unit within Project shall have any rights under this Agreement.

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

27. Counterparts. This Agreement ma y be executed in one or more counterparts, each of which shall be deemed an or iginal, but all of which together shall constitute one and the same instrument. Th is agreement, not counting the Cover Page or signature page, consists of 28 pages and 6 Exhibits.

28. Hold Harmless Agreement.

28.1. Duty to Hold Harmless, Defend and Indemnify. Excepting as to the extent any loss, property damage or injury arose from the Cit y’s or the City’s officers’, agents’, employees’, or contractors’ breach of this Agreement, or their acts of negligence or willful misconduct, as determined by a cour t of competent jurisdiction, Developer hereby agrees to defend, indemnify, and hold Cit y, its elective and appointive boards, commissions, officers, agents and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage arising from this Agreement or a lleged to have been caused by Developer or Developer’s contractors, subcontractors, agents or employees operations under this Agreement, whether such operations be by Developer, or by any of Developer’s contractors, subcontractors, or by any one or more persons directly or indirectly employed by or acting as agent for Developer or any of Developer’s contractors or subcontractors.

Developer further agrees to defend, indemnify, and hold harmless the City and its officers and employees, from any third-party claim, action or proceeding agai nst the City or its officers or employees to set aside, void, or annul, all or any part of this Agreement or any Project Approval.

In the event any claim, action, or proceeding is instituted against City, and/or its officers, agents, and employees, by any th ird party on account of the processing, approval, or implementation of the Project Approvals and/or this Agreement, then the Parties shall comply with Section 17. As an alternative to defending any such action, Developer may request that the City rescind any approved land use entitlement. The City will promptly notify Developer of any known claims, actions, or similar proceedings, and will cooperate fully in the defense thereof.

29. Prevailing Wages. Wit hout limiting the foregoing, Owner acknowledges the requirements of California Labor Code §1720, et s eq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), Item No.10L

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Ord. No. 1714-NS
which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects, as defined. If on-site or off- site improvements pursuant to this Agreement are being performed by Developer as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation under the contract in question is $1,000 or more, Developer agrees to fully comply with such Prevailing Wage Laws. Developer understands and agrees that it is Developer’s obligation to determine if Prevailing Wages apply to work done on the Project or any portion of the Project. Upon Developer’s request, the City shall provide a copy of the then current prevailing rates of per diem wages.

Developer shall defend, indemnify, and hold t he city, its elected officials, officers, employees, and agents free and harmless pursuant to the indemnification provisions of this Agreement from any claim or liability arising out of any failure or alleged failure by Developer to comply with the Prevailing W age Laws associated with any “public works” or “maintenance” projects associated with Project development.

30. Recordation.

This Agreement and any amendment or canc ellation hereof shall be recorded in the Official Records of Ventura County by the Cle rk of City within ten (10) days after the Agreement Effective Date and within ten (10) days after any amendment or cancellation hereof. Failure to timely record the Agreement shall not constitute a default or invalidate the Agreement.IN WITNESS WHER EOF, this Agreement is entered into by the parties hereto and made effective as of the Effective Date set forth hereinabove.

“ O W N E R ”

By: ______ ____________________________

Name: _____________________ __________
Title: _________________________________

“ C I T Y ”

CITY OF THOUSAND OAKS,
a municipal corporation

By: ______ ____________________________
Kevin McNamee, Mayor

Item No.10L

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Ord. No. 1714-NS
ATTEST:
____________________________
Laura B. Maguire, City Clerk

APPROVED AS TO FORM:
_____________________________
Patrick J. Hehir, Chief Assistant City Attorney

APPROVED AS TO ADMINISTRATION:
_____________________________
Andrew P. Powers, City Manager

Acknowledgements on following pages.

Item No.10L

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Ord. No. 1714-NS
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF
On , , before me,
(here insert name and title of the officer)
personally appeared

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instru ment and acknowledged to me that he/she/they executed the same in his/her/t heir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature

(Seal)

Item No.10L

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Ord. No. 1714-NS
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF
On , , before me,
(here insert name and title of the officer)
personally appeared

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instru ment and acknowledged to me that he/she/they executed the same in his/her/t heir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature

(Seal)

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “A”
Legal Description of Property

THE PORTION OF LOTS 3 THROUGH 8 INCLUSIVE AND LOTS 13 THROUGH 17 INCLUSIVE IN BLOCK 35, GREENWICH VILLAGE NO. 2 IN THE CITY OF

THOUSAND OAKS, COUNTY OF VENTURA, STATE OF CALIFORNIA, RECORDED IN BOOK 13, PAGE 14 OF MAPS, SHOWN AS PARCEL 1 OF MAPS, RECORDED IN BOOK 29, PAGE 5 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY

RECORDER OF SAID COUNTY
Item No.10L

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Ord. No. 1714-NS
EXHIBIT “B”

Site Plan

Item No.10L

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Ord. No. 1714-NS

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

Item No.10L

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Ord. No. 1714-NS

Item No.10L

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Ord. No. 1714-NS
EXHIBIT “C”
Project Plan Set dated February 27, 2023

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EXHIBIT “D”

Conditions of Approval

COMMUNITY DEVELOPMENT DEPARTMENT

PLANNING DIVISION

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

2. Scope of Permit Approval – A General Plan Amendment to allocate 54 residential dwelling units of citywide Measure E residential capacity to the subject property within Thousand Oaks Boulevard Specific Plan (Specific Plan No. 20); a Development Agreement specifying devel opment performance; a Development Permit allowing the demolition of the existing commercial development and the construction of a 73-unit apartment project with a density bonus, including eight (8) affordable units and three (3) live/work units, consisting of one building and a single-level semi-subterranean podium parking structure; a Protected Tree Permit to allow the removal of one (1) coast live oak ( Quercus agrifolia) and three (3) California sycamore ( Platanus racemosa ) trees; and encroachment within the protected zones of twenty- four (24) trees, as shown on project plans labeled “Project Plan Set,” dated February 27, 2023, and the Tree Repor t (November 3, 2022) unless conditioned otherwise herein. The General Plan Amendment and all entitlements associated with this approv al shall only be effective once the Development Agreement is in effect.

3. Approval Period – The above permits are granted for the period identified in Development Agreement 2022-70822-DAGR and contingent on compliance with the terms set forth therein.

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

5. Project Changes/Modifications – Minor changes to 2022-70269-DP and 2022- 70535-PTP may be approved by the Comm unity Development Department, provided such changes achieve substantially the same results and the project is still in compliance with the Specific Plan, including all development standards, and, Item No.10L

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Ord. No. 1714-NS
as applicable, the Thousand Oaks Municipa l Code. Revised plans reflecting the minor changes and additional fees shall be required.

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

7. Compliance with Applicable Laws, Ru les, and Regulations – In accordance with the vested rights as provided for in the Government Code and the Development Agreement 2022-70822-DAGR, the applicant shall at all times comply with any and all local, city, county, state and federal laws, regulations and orders now in effect or which may hereafter be enacted pertaining to the approved modification or affecting the insta llation, operation or maintenance of the residential development.

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

9. Payment of Fees – Approval is subject to the applicant paying all fees and assessments to the City of Thousand Oaks, as required by the Municipal Code, except as otherwise modified by, and in accordance with the Project conditions of approval or the Development Agreement 2022-70822-DAGR.

10. Dedications/Reservations and Public Improvements – With respect to dedications, reservations, construction of public improvements and fees as required by the project development conditions, the applicant is advised, pursuant to Government Code Section 66020, that the ninety (90) day protest period commences upon the date of approval of 2022-70822-DP by the City.

11. Preconstruction Meeting – Prior to issuance of a grading permit, the applicant shall coordinate with the Community Development and Public Works Departments including, a preconstruction meeting at t he job site to review field conditions, project conditions, methods and proc edures, individual and City department responsibilities associated with the project. Members attending this meeting shall include but not be limited to City depar tment representatives, City landscape consultant/arborist, owner or designated project coordinator, architect, project consultants, project landscape cons ultant general cont ractor and other representatives associated with the project. The meeting shall be arranged no sooner than one (1) week prior to commencement of work.

12. Construction Progress – Once permits have been issued to commence work on the improvements, it is th e applicant’s/owner’s responsibility to diligently pursue completion per all conditions, requirem ents and as represented on the approved plans. Reasonable progress shall occur on a continual basis until completion to the satisfaction of the Community Deve lopment Director. Work shall not be Item No.10L

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Ord. No. 1714-NS
discontinued for a period exceeding 30 days, without acceptable cause. The intent is to have the project completed in a time ly fashion to prevent a potential blight from partially completed construction.

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

14. Hours of Construction – All grading and construction activities shall be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday with no construction activity permitted on Sunday. Construction workers and vehicles shall not be permitted to park on off-site properties or congregate onsite before and after the construction hours authorized herein. Li kewise, warming of equipment engines shall not be permitted outside the permitted construction hours.

15. Approval Inclusion – The following shall apply:
 This approval, in its entirety as adopt ed, shall be included in the initial plan- check submittal that is submitted to the Building Division. The approval and conditions shall be copied directly onto plan sheets and included as part of the project plans throughout the plan-check process and shall be part of the project plans for which building permits are issued.
 All agreements, obligations, conditi ons, development standards, and use allowances contained in Specific Plan 20 and Development Agreement 2022-70822-DAGR shall apply to this approval.

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

17. Indemnification – The applicant agrees to defen d, indemnify and hold harmless the City, its agents, officials, and employees from any claim, action or proceeding against the City or its agents, officials or em ployees to attack, se t aside, void or annul an approval of the City subject to, and to the extent set forth in, the Development Agreement 2022-70822-DAGR. T he City shall promptly notify the applicant of any claim, ac tion or proceeding and the City shall cooperate fully in the defense.

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Ord. No. 1714-NS

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

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

Approval of this residential project is subject to execution of an Affordable Housing Covenant entered into betw een the Applicant and City of Thousand Oaks. Said Affordable Housing covenant shall incor porate the following conditions and is subject to approval by the City Attorney and Community Development Director.

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

B. The Affordable Housing Covenant shall require eight (8) units as affordable units. Two (2) units will be preserved at the moderate-income level of 120% of the Ventura County median income and six (6) will be preserved at the very-low-income level of 50% of the Ventura County median income.

C. Applicant agrees to execute an A ffordable Rental Ho using Regulatory Agreement and Declaration of Restrictive Covenant with City that provides for the on-going affordability of these ei ght (8) restricted units for 70 years from the date the units initially become available for lease.

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

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

F. Affordable units should be dispers ed throughout the development in a manner acceptable to the City.

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

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

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Ord. No. 1714-NS

20. Mitigation Measure Compliance – All applicable mitigation measures contained in Appendix C of the Thous and Oaks Boulevard Specific Plan (SP 20, Amended August 2016) shall apply to this entitlement.

CULTURAL RESOURCES

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

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

Following notification of the Native American Heritage Commission, the procedures described in Section 5097.94 an d Section 5097.98 of the California Public Resources Code shall be followed.

BIOLOGICAL RESOURCES

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

RESIDENTIAL PLANNED DEVELOPMENT PERMIT 2022-70269-DP

SETBACKS, HEIGHTS, BUILDING MATERIALS, OPEN SPACE,

ARCHITECTURAL TREATMENT

24. Direct Access from Unit Patios – All ground floor units on the first floor facing the southern parking lot must have direct access to the outside from the patio per plans, subject to approval by the Community Development Department.

25. Setback standards – All development standards shall be satisfied to include the following per the submitted plan:

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Ord. No. 1714-NS

Development Standards - Setbacks
Adjacent
Street/ Use Required Provided Third
Floor
Front
(West) Long Court
8’ sidewalk + 10’
landscaped yard+
avg. 10’ at third floor
11’ 8” (with 5’
sidewalk)
Waiver
Requested
Avg. 10’
Rear
(East) Moody Court
8’ sidewalk +
10’ yard +
avg. 10’ at third floor
10’ (with 8’
sidewalk) Avg. 10’
Side
(North) Daycare/Vacant 4’ 54’ (at
daycare) N/A
Side
(South) Office 4’ 67’ 9” N/A

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

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

28. Building Wall Treatment – The bu ilding walls shall incorporate architectural treatment to create a visually inte resting appearance as viewed from the surrounding properties and scenic corridors. The treatment shall include, but is not limited to, incorporating decorative finish materials, vertical and horizontal variation and decorative window trim. The design shall comply with the building elevation plans as shown in the exhibits labeled “Project Plan Set,” date stamped February 27, 2023.

29. Building Height – Average building height shall comply with the 50-foot maximum average height specified by Specific Pl an 20. In this case , the plans dated February 27, 2023, show a maximum average height of 34 feet.

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

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Ord. No. 1714-NS

31. Roof-Mounted Mechanical Equipment – All roof-mounted mechanical equipment, including air conditioning, roof fans and any similar equipment, shall be located within the mechanical equipment enclosures or obscured by roofing elements as depicted on “Project Plan Set,” date stamped February 27, 2023. Said equipment shall be screened from public vi ew perspectives, including Thousand Oaks Boulevard, Moody Court, Long Cour t, and the 101 Freeway. In the event such equipment cannot be entirely screened fr om public view, the applicant shall work with the Community Development Department to provide alternative methods, including painting equipment and providing indivi dual screens around specific equipment areas, to screen the equipment. Roof screening treatment shall be designed in a manner that is integrated with the building design. Prior to the issuance of a building permit, final detailed building section drawings and details including mechanical equipment manufac turer's catalogue cuts, brochures, specifications as well as roof equipment locations shall be submitted for the review and approval by the Community Development Department.

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

33. Certified As-Built Grading – Prior to issuance of a building permit, a rough grading completion certification on the City standard form shall be prepared and signed by the applicant’s Civil Engineer and submitted to the Public Works Department. Said certificate shall st ate that the grad ed pad design and pad elevations are consistent with the pad elevation and grading details shown on the grading plan, as shown in the grading plan/attachments labeled “Preliminary Grading Plan,” date stamped February 27, 2023, to the Planning Commission staff report dated March27, 2023.

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

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Ord. No. 1714-NS

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

36. APCD Permit – The applicant shall obtain all necessary clearances from the Ventura County Air Polluti on Control District (AP CD) prior to beginning any construction activity.

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

38. City's Recycling Program – The project's owner shal l participate in the City of Thousand Oaks recycling program, which co llects cardboard, plastics, glass and mixed paper and shall attempt to use post-consumer building materials (recycled products) whenever possible in the construction of the project.

PARKING, ACCESS, AND DRIVEWAY

39. Required Parking – A minimum of 113 parking spaces shall be provided as shown on site within “Project Plan Set,” date stamped February 27, 2023. The number of required parking spaces is based upon the parking requirements for multi-family residential, as set forth by SP 20. All parking spaces and driveway aisles shall be designed in accordance with Section 9. 4-2404 of the Municipal Code. On-site Electric Vehicle charging parking spaces can be included in the required parking count of the project. Minor changes to the parking may be permitted so long as the project complies with the parking standards contained in the Specific Plan. Any minor change to parking or future developm ent on the subject property shall be reviewed and approved by the Communi ty Development Department. Any substantial change may require the filing of a modification application to be considered by the Planning Commission.

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

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

42. Driveway – The design of the driveway and tr ansitions are subject to review and approval of Community Development and Public Works Departments.

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Ord. No. 1714-NS

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

44. Parking Management Program – Prior to occupancy of the project, a Parking Management Program shall be designed and submitted to ensure that proper parking assignments for tenants, guests, and employees are established within the parking structure and designated exterior spaces, as well as address timing and procedures for moving activities and mo ving-related vehicles/vans for all residential, commercial tenants and live/wo rk units. As part of the Parking Management Program, the applicant s hall provide appropriate signage and develop an action plan to prevent parki ng from spilling off-site onto adjacent locations. Said program shall be subj ect to the review and approval by the Community Development, Public Works and Police Departments.

LANDSCAPING, FENCES, AND WALLS

45. Walls and Fencing – Fences and walls shall have a maximum height of six feet.

Where a solid fence or wa ll is provided, it shall be designed with both sides articulated, and with similar or complementary materials and colors to those used on the existing or proposed buil dings. Chain link fencing is prohibited. The gate for the transformer enclosure shall be solid to conceal the interior area from public view. Said gate shall be decorative material and is subject to review and approval by the Planning Division of the Community Development Department.

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

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

47. Manufactured Slope Landscaping – In accordance with the City’s Grading Ordinance (TOMC Section 7-3.24), all m anufactured slopes shall be landscaped Item No.10L

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Ord. No. 1714-NS
with drought resistant native plants materi als including tree clusters and ground cover and provided with a permanent irri gation system throughout. Landscaping and an irrigation system shall be installed six (6) months following the completion

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

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

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

50. Retaining Walls – All retaining walls shall be constructed of a decorative masonry material with a decorative cap or a concrete material to match the buildings subject to cut sheet detail designs submitted for the review and approval of the Planning Division. All retaining walls shall be limited to a maximum exposed height of six (6) feet and softened by landscaping. Where su ch walls are exposed to public view, horizontal articulation of varying depths shall be provided to break up a linear wall appearance.

51. Construction/Security Fencing – Prior to the issuance of a grading/building permit, the applicant shall install a tempor ary five (5) foot high chain-link fence within the limits of the proposed development area. Said fencing shall be provided for purposes of maintaining security, as well as containing trash and debris on-site.

The fence shall remain in place during all phases of construction and shall be maintained until no longer needed for trash and debris control as determined by the Community Development Department. The applicant shall be responsible for pick-up of trash and debris on a weekly basis during build ing construction operations.

LIGHTING

52. Restriction of Light Poles – Light poles are prohibit ed at the ends of landscape fingers.

53. Parking Lot Lighting – All parking lot illumination shall comply with the City’s parking lot standards as identified in th e City’s Security Ordinance utilizing decorative light fixtures wit h heights not to exceed four teen (14) feet in height.

Item No.10L

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Ord. No. 1714-NS
Special design features within the light fixture, including lens and shielding devices, shall be provided to avoid an over intensity of illumination and to direct illumination in a downward direction. All lighting utilized shall be located within landscaped areas, at least three (3) feet from parking surfaces. All pedestals shall be painted the same color which shall complement one of the main wall colors of the buildings, subject to the review and approval of the Community Development Department.

Where pedestrian walkways occur, the height of these fixtures may be reduced in proportion to human scale. Use of bollard type lighting for safety adjacent to driveways is also encouraged for pedestrian traffic circulation. All lighting attached to these features shall be decorative, oriented in a downward direction, and downward shielded. Prior to issuance of a parking lot electrical permit, a photometric analysis and light fi xture catalogue cuts and specifications shall be submitted to the Planning and Building Divisions for review and approval.

54. Decorative Lighting Above Public Area – Low intensity lighting may be provided above and across the public exterior space.

55. Lighting on Roof Top Terrace – No roof illumination shall be permitted except as otherwise needed to comply with building security requirements. The design and location of such fixtures shall be subject to review and approval of the Community Development Department prior to the i ssuance of a building permit. The rooftop areas shall be illuminated with wall sconces and shall not extend beyond the height of the parapet. Additionally, the rooftop areas may be illuminated subject to the following:
 Cut-off shields shall be installed/main tained on each side of the light fixtures visible from the parapet wall perspectives;
 Motion sensors shall be installed to lim it operation of the lighting to times activity is detected on the rooftop ar eas. Lighting shall be off when no activity is on the rooftop; and
 Stand-alone light standards sha ll not exceed 10’-0” in height.

56. Wall Lighting – Wall-lighting fixtures at buildi ng entrance doors, loading areas, and outdoor areas within public view area are permitted. Lighting may be provided by decorative downward shielded light fixtures, recessed in a downward direction from projecting canopies, recessed door ways, and window openings. Decorative architectural light fixtures shall be insta lled on the building walls. Light fixture cut sheets shall be submitted for review an d approval by the Planning Division.

Architecturally designed fixed pendant and bracket light fixtures are permitted. The use of such lighting shall be designed to create a uniform illumination generally in a downward direction and not create illumination hot spots on adjacent surfaces.

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

Item No.10L

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Ord. No. 1714-NS

58. Light Source – Use of bright white, high intens ity LED or metal halide lighting is prohibited.

SIGNS

59. All Signs – All site and building signage shall comply with Specific Plan 20 and shall be designed to meet the Precise Plan of Design Guidelines (Res. No. 2006- 108), and as specified in the Thousand Oa ks Municipal Code. The design, color and location of all site and building signs as well as addre ss numbers shall be processed under separate permits. A sign permit application shall be submitted to the Community Development Department for review and approval.

2022-70535-PTP CONDITIONS

60. Scope of Permit Approval – The Protected Tree Permi t is granted to allow the following:
 Removal of one (1) coast live oak ( Quercus agrifolia) and three (3) California sycamore (Platanus racemosa) trees;
 Encroachment into the pr otected zones of twenty-two (22) Oak trees; and  Encroachment into the pr otected zone of two (2) California sycamore trees.

61. Oak Tree Replacement – The applicant shall provid e two 24-inch box and one 36-inch oak replacement tree for each Coast Live Oak ( Quercus agrifolia) tree removed. Total of three replacement trees are required.

62. Landmark Tree Replacement – Each landmark tree that is removed shall be replaced with two 24-inch box sycamore trees and one 36-inch oak sycamore tree.

For those trees unable to be located on site the applicant shall provide the dollar value per the formula below to compensate for the removal of the tree as a cash donation to Conejo Open Space Conservation Fund to be used toward open space land acquisition.

Item No.10L

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Ord. No. 1714-NS
Description Amount
24” Box Sycamore Tree
Provide healthy nursery stock tree with installation (fertilizer tables, tree stakes/ties, bubbler equipment)
$ 575
Irrigation Lateral (75LF x $3) and Valve ($50) $ 316
Water (5 years) 30 gallons a week $ 12
Maintenance Warranty (5 Years) $ 575
Total $ 1,478
24” Box Sycamore Tree
Provide healthy nursery stock tree with installation (fertilizer tables, tree stakes/ties, bubbler equipment)
$ 575
Irrigation Lateral (75LF x $3) and Valve ($50) $ 316
Water (5 years) 30 gallons a week $ 12
Maintenance Warranty (5 Years) $ 575
Total $ 1,478
36’” Box Sycamore Tree
Provide healthy nursery stock tree with installation (fertilizer tables, tree stakes/ties, bubbler equipment)
$ 863
Irrigation Lateral (75LF x $3) and Valve ($50) $ 316
Water (5 years) 30 gallons a week $ 12
Maintenance Warranty (5 Years) $ 863
Total $ 2,054
Grand Total x Per to be removed $ 5,010
*Prepared 3/2023 – Total price to increase three percent (3%) annually

63. Mitigation Oak and La ndmark Tree Location Map – Prior to issuance of a grading permit, the applicant shall submit a mitigation tree location map demonstrating the location of the replacement trees.

64. Oak Tree Removal and Encroachment – The removal and encroachment into the protected zones of oak trees for t he construction of the new multi-family residential building, utilities, and associated development is hereby approved.

65. Preservation of Existing Oak and Landmark Trees – The preservation of two (2) coast live oak trees, identified as trees numbered 19 and 2 in the Oak & Landmark Tree Report, is authorized under this permit. These oak and landmark trees will require pruning to accommodate t he construction activities and for the overall long-term health of the trees whic h is also approved under this permit.

Appropriate work methods and monitori ng are required as described in the Protected Tree Report dat ed November 3, 2022, prepared by Richard Ibarra, I.S.L.A.

66. Mitigation Tree Mainte nance and Monitoring – The required mitigation trees shall be monitored for a period of five (5) years. An irrigation system designed for “dryscape” planting shall be installed for successful oak establishment, which generally involves a drip-system irrigation for managing water distribution near the Item No.10L

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Ord. No. 1714-NS
oak trees and does not include wateri ng during summer months when natural rainfall would not be abundant. Maintenance shall include leaving the leaf-litter build-up or a 3-inch layer of mulch under the canopies of the oak trees to promote healthy tree growth and root development.

Monitoring shall be performed by t he applicant’s oak tr ee consultant and monitoring shall entail visits at quarterly intervals for the first two (2) years and biannually for the next three (3) years. The applicant’s oak tree consultant shall submit to the Community Developm ent Department a semi-annual report regarding the conditions of the oak trees.

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

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

69. Site Monitoring – Unless otherwise modified herei n, all authorized pruning and encroachment activities shall be conduc ted in accordance with the conditions contained herein. All work shall be monitored by the applicant’s oak tree consultant and follow the recommendations contained in the applicant’s oak tree report labeled Oak & Landmark Tree Report dated November 3, 2022, prepared by Richard Ibarra, I.S.L.A.

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

71. Root Preservation – If “saved roots” must stay exposed for longer than one day then they shall be wrapped in burlap (or similar) and kept moist. During excavation for construction improvements, if an oak tree root over two inches (2") in diameter is encountered, the Planning Division of the Community Development Department shall be immediately contacted to conduct a field inspection to determine if it is Item No.10L

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Ord. No. 1714-NS
appropriate to cut the root(s) or whether the improvements need to be redesigned and/or relocated to avoid root damage to ensure preservation of the trees.

72. Excavation in Protected Zones – Unless otherwise waived by the Community Development Director, all excavation and construction activity within the protected zone of the existing oak and landmark trees shall be per formed with the use of hand tools only, in accordance with the Oak Tree Preservation and Protection Guidelines Resolution, No. 2010-14, and ob served in progress by the applicant’s oak tree consultant.

73. Herbicides – No herbicides shall be used within one hundred feet (100') of the dripline of any oak and landmark tree.

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

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

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

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

PUBLIC WORKS DEPARTMENT

GENERAL

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

79. Standard Plates – The City of Thousand Oaks Public Works Road Design and Construction Standards and Standard Plates, adopted May 15, 2018, in Resolution No. 2018-024 shall be used as the principal criteria for the design of development plans. It shall be the responsibility of the applicant to maintain a copy of the latest edition of said Plates available to all pa rties utilizing said Plates for construction purposes. The Standards establish unifo rm criteria, polices, standard and Item No.10L

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Ord. No. 1714-NS
procedures for the design and construction of City roads, drainage facilities and appurtenances. The design engineer shall review t he methods and procedures contained in the Road Standards, where not considered applicable, the design engineer shall request an exception from these standards in writing to be approved by the City Engineer. Said Road Stand ards are available for download at www.toaks.org/roadstandards.

80. Updating of Existing Improvement Drawings – All existing improvement drawings in the Department’s possessi on for water and wastewater which are affected by the subject project will be updated by the City to reflect the new improvements associated with this project. This work shall be considered as part of the project final process, and subject to a change order fee.

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

82. Title Report – A copy of the applicant’s prelim inary title report for the subject property, dated within 1 year of the entitle ment application, shall be submitted to the Public Works Department for review prior to grading plancheck or the issuance of any Building or Grading Permits.

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

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

Item No.10L

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Ord. No. 1714-NS

WATER AND WASTEWATER

85. Water Service – In order to obtain water service, the applicant shall pay for the Cost of the Water Meter Deposit plus the City’s Water Plant Investment Fee, at the rates in effect at the time of payment, prior to issuance of a building permit.

Additional fees for special facilities zones and fire flow surcharges may also apply.

The applicant shall also pay the estab lished change order fee for updating the plans for this new lateral.

86. Water Mainline Extension – As necessary for the project and to the satisfaction of the City Engineer, the Applicant shall design and construct an 8-inch watermain between the existing 8-inch watermains in Long Court and Moody Court and shall be located in the proposed driveway at the south end of t he project. A 15-foot easement shall be dedica ted to the City of Thousand Oaks for waterline maintenance purposes.

87. Location of Water Meter Boxes - Water meter boxes may not be located within driveways. It is the responsibility of the applicant and his engineer to properly coordinate and locate all water service lateral locations such that there is a single, unbroken/unrepaired service line between the main in the street and the meter box to each residence or building. In the event the configuration of the proposed house or building is revised and the meter box is then situated in a driveway, the applicant shall abandon the existing service by excavating the service at the main, closing the corporation stop, severing the service lateral approximately 12 inches beyond the corporation stop, foldi ng and crimping this remaining portion of the service lateral and soldering the crimped pipe together. The remainder of the lateral may be abandoned in place, but the meter box must be removed and the area returned to a condition acceptable to the water purveyo r. If service laterals are relocated, the applicant’s engineer shall proce ss a change order and pay any applicable charges for said change order.

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

89. Fire Hydrant Upgrade - Applicant/Owner shall coordinate replacement of the existing fire hydrant located on Long Court near the proposed southerly driveway Item No.10L

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Ord. No. 1714-NS
of the project. The existing 2½"x 4" two-way hydrant shall be replaced with a 2½"x 2½"x 4" 3-way hydrant at no cost to the water purveyor.

90. Concrete Pads Around Fire Hydrants - Regardless of whether a fire hydrant is located within the parkway between the curb and sidewalk (where detached sidewalks are required), or behind the sidewalk (where monolithic sidewalks are required), or within commercial areas, the applicant shall install a 4-inch (minimum) thickness concrete pad around each fire hydrant which extends a minimum of 18 inches beyond the barrel of the fire hydr ant in all directi ons. Where detached sidewalks are installed, the pad shall be rectangular, ext end from the back of the curb to the sidewalk and be 48 inches wide. A detail for said concrete pad shall be shown on all water plans for all water purveyors within the City of Thousand Oaks.

The hydrant and concrete pad must be loca ted within a specific easement, right- of-way, or public service easement s hown on the tract map or dedicated by separate instrument dedicated to or usabl e by the respective water purveyor and the Ventura County Fire Protection District, or by other means acceptable to the Public Works Department.

91. Separate Irrigation Meter - This project shall require a fully separate water meter for irrigation and landscaping. Said irri gation meter will require all water permit fees to be paid, each service lateral and meter box installed and approved by the City Public Works Inspector, and the appr opriate backflow device(s) installed, tested and certified (by an approved i ndependent testing firm hired by the applicant) prior to the installation of the irrigation meters by the Department. The City may lock off the angle meter stop at the meter until the applicant has accomplished all of the above. Any taking of irrigation water without being metered through a water meter is a violation of the Municipal Code Section 10-2.514, punishable in fines up to $1,000 per day for each day of illegal taking.

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

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

Item No.10L

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Ord. No. 1714-NS

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

95. Usefulness of Existing Wastewater Laterals – Where there is an existing wastewater lateral(s) serving the subjec t property and it is the desire of the applicant to reuse these laterals as part of the proposed project, the applicant must demonstrate to the satisfaction of the D epartment that the lateral(s) are in acceptable condition (no broken pipe, no root intrusion, etc.). This can best be done by utilization of a television video from a point on the subject property to the main, or by excavating the lateral at the property line and making a visual inspection of the lateral. Other me thods may be utilized but are subject to Department approval. If the lateral is ac ceptable to the D epartment, it may be reused; where it is not acc eptable, a replacement latera l must be constructed or the existing lateral renovated (such as by use of pipe bursting technology).

Laterals that are not appropriate for re-use must be abandoned at the main under Department inspection.

DEVELOPMENT ENGINEERING

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

97. Annexation to Lighting and Landscape District - In order to mitigate the impacts of this project and to have this project pay its fair share of maintenance costs for existing and future street lighting and landscape improvements that provide a benefit to the property, the applicant is hereby notified, consents to and agrees that the real property subject to this entitlement will be annexed into the City’s Lighting and Landscape Assessment District No. 79-2 at the next annual renewal of the District (typically June of each y ear). Said annexation will occur only if the City has given final approval to this entitlement. Prior to recording the final map or the issuance of any subsequent City permit needed for this project, whichever Item No.10L

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Ord. No. 1714-NS
event occurs first, the applicant shall sign an annexation pre-submittal form, as provided by the City, agreeing to the unconditional annexation of the real property to said District. Applicant shall also post with the City a cash deposit or other security, as approved by the City, that could equal up to 2 years of maintenance costs for the property, based on City’s estimate of all expenses associated with the improvements for the period City deems appropriate, in order to guarantee funding for maintenance by City of lighting and landscape improvements that provide a benefit to the property. Said deposit or security shall remain in a separate City fund until such time as the property is annexed into said District. Until said annexation is complete, City shall draw on a yearly basis those amounts necessary for maintenance of said improvements. The balance of funds remaining at the time of annexation, not including any accrued interest, shall be refunded to the applicant, If annexation is not accomplished, said funds shall be used at City’s discretion to pay for maintenance of said improvements. Upon receipt of ballot(s) transmitted by the City in accordance with annexation proceedings, the applicant shall not oppose the assessment or the assessment formula for the subject property (as calculated in accordance with Article XIIID of the California Constitution), said ballot(s) shall be signed and returned to the City prior to the scheduled public hearing, per the instructions outlined on the ballot(s). An annual assessment may be placed on the tax rolls by the City. The applicant, and/or applicant’s successor in interest, heirs or assigns shall be responsible to pay all applicable charges for annexation of said property to said District.

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

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

100. Grading Permit and Soils Certification - The applicant shall prepare and submit final grading plans, improvement plans, erosion control plans, BMP improvement plans, geotechnical soils reports, supporti ng hydrology and hydraulic calculation reports, title report, and ot her items as required by the City Engineer in order to obtain a grading permit in accordance with the requirements of the City’s Grading Ordinance. Applicant shall also prepar e and submit detail ed erosion control Item No.10L

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Ord. No. 1714-NS
plans for both phases of land developmen t; the pre-grading / site stabilization phase, as well as the post grading / building construction phase. The grading and improvement plans submitted to the City for plancheck shall at a minimum indicate all topography, proposed impr ovements, drainage featur es, water/wastewater connections and laterals, existing easements, interface with adjacent properties, storm drain and drainage systems, and street improvements. All submittals shall include the completed public and private improvement cost estimate worksheets, the required plancheck and inspection fees, and the posting of the required grading bond prior to the start of any construction. After the grading is complete, the applicant shall submit a building pad compaction report and a rough grading certificate from the soils engineer prior to issuance of a building permit. Grading bonds shall be exonerated after satisfactory completion of the project punchlist items, which are generated a fter the applicant’s engineer provides a submittal of the final Record (as-built) Drawings.

101. On-site Run-off - On-site storm water shall be intercepted within the project boundaries in approved pick-up structures, treated and retained and/or conveyed to the nearest public street or existing st orm drain system to the maximum extent practicable, as approved by the City Engineer (M.C. 7-3.09 and 7-3.21).

102. On-Site Drainage Design - Project design shall use the City of Thousand Oaks “Master Plan of Drainage” (2007) for the purpose of establishing on-site storm flows. The CFS-per-acre unit discharge in the Master Plan shall be used when preparing the Q10 (developed) discharge flows and for the detention calculations up through Q100.

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

104. Drainage Study - The applicant’s engineer shall prepare a hydraulic/ hydrology analysis for the project. The study shall include, but is not limited to addressing offsite tributary flows, re tention/detention, inlet hydr aulics and storm drains and appurtenances intended to convey and treat project storm discharges. The focus of the study is to ensure the existing c onveyances possess sufficient capacity to pass the Q10 (developed) and to demonstr ate that no new flooding will occur adjacent to or upon the property during a Q100 event as a result of development.

The study shall be subject to the review and approval of the City Engineer prior to grading permit issuance.

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

Item No.10L

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Ord. No. 1714-NS

106. Parking Structure Drainage – The City prohibits the discharge of pressure- washing effluent, antifreeze and motor oils into either the wastewater system or storm drain system. Inasmu ch as these are the anticipated discharges from the interior of the parking stru cture, the applicant shall incorporate a blind sump containment area within the parking structure designed to capture and store such discharges. Provisions shall be provided for periodic pump-out of the blind sump via tanker truck with disposal in conf ormance with all local, state and federal regulations. The roof and other surfaces of the parking structure directly exposed to rainfall may be drained and dischar ged in accordance with NPDES design parameters for a normal, rainfall-exposed surface parking lot.

107. Building Pad Protection - The project engineer must provide analysis to demonstrate building pad protection from Q100 flows. On-site discharges (including roofs, etc) shall be detained behind a wall, graded barriers or curb, and metered through a weir or other controlling device, c onstraining discharge to the Q10 developed condition for the tributary area. Applicants’ engineer must prepare calculations to support this design. Said calculations must be approved by the City Engineer (M.C. 4-7.01).

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

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

110. Sidewalk Construction – The existing five-foot sidewalk on Moody Court shall be removed and replaced with an eight-foot- wide sidewalk per City Standard Plate

8.3. Additional right-of-way or easement shall be dedicated to the City to include the additional sidewalk width on Long Court.

111. Driveway Construction - The proposed driveway shall be constructed per Plate No. 6-1 and 6-4 of the Road Standards. T he sidewalk must conform to the cross section as shown on Plate 6-4 and the applicant must grant an additional easement to the City covering the entir e length of the sidewalk ac ross the driveway. An encroachment permit shall be obtained, plan check and inspection fees paid, and security posted (if required) prior to in itiating construction of said driveway improvements.

Item No.10L

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Ord. No. 1714-NS
112. On-site Improvement / Paving Permit – The applicant shall submit for and obtain an on-site paving and improvement permit. An approved pavem ent section from the registered soils engineer of record shall accompany the permit application, along with payment of plan check and inspec tion fees, prior to initiating the construction of on-site parking, paving, and/or drainage improvements (M.C. 9-

4.2405).

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

113. NPDES Permit Compliance – NPDES Permit Compliance - Development shall be undertaken in accordance with conditi ons and requirements of the Ventura Countywide Stormwater Quality M anagement Program, Na tional Pollutant Discharge Elimination System (NPDES) Permit No. CAS004002. The project shall employ NPDES best management practice s in accordance with the latest applicable version of the Countywide Sto rmwater Program “Technical Guidance Manual” and the California St ormwater Quality Asso ciation (CASQA) “BMP Handbooks” and/or other approved refere nce documents cited in Permit No.

CAS004002 (M.C. 7-8.302).

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

Treat the storm flow equivalent to ten percent (10%) of the 50-year peak flow; or

Treat the volume of annual runoff ( based upon the unit storage water quality volume) to achieve 80 percent or more volume treatment by the method recommended in the “ California Stormwater Best Management Practices Handbook – Industrial / Commercial (1993) ” and the “ Ventura Countywide Stormwater Quality Managem ent Program Technical Guidance Manual for Stormwater Quality Control Measures (2002).”

115. Landscaped Areas / Roof Drains - Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides which c an contribute to urban runoff pollution.

Unless otherwise recommended in the soils report, on-site stormwater discharges (including roof drains if applicable) s hall be directed toward landscaped areas.

Applicant may employ pervious landsca ping design, rainfall capture pocket- planters, and other L.I.D. techniques and measures to the maximum extent practicable.

116. Deed Restriction Regarding Best Management Practices (BMPs) – Prior to issuance of occupancy, the applicant/owner shall record a Stormwater Covenant Item No.10L

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Ord. No. 1714-NS
and Deed Restriction, requiring all property owners and their successors in interest to assume all duties and responsibilitie s for ongoing maintenance of all onsite permanent stormwater BMP’s, including, but not limited to, maintenance of all Best Management Practice and any and all equipment which is required for implementation of Best M anagement Practices. Contai ned within the Covenant and Deed Restriction must be a description of the BMP’s that are being provided as part of the project, a descripti on of the inspection and maintenance requirements and procedures, and a site map indicating the location of the BMP’s to be maintained. The draft language and contents included in the Covenant and Deed Restriction shall be submitted to the City Attorney’s Office and Public Works Department for review and approval prior to issuance of building/paving/grading permits (MC 7-8.401(c)).

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

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

TRAFFIC

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

Item No.10L

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Ord. No. 1714-NS
119. Gated Entrance – The design of any gated entranc e shall comply with the City standards subject to review and approval of the Traffic Engi neer, Ventura Fire Department and the Department of Comm unity Development. Any use of decorative pavers as paving material and located around a central planter shall be subject to review and approval by the D epartment of Public Works. No pavers shall be located in the path of travel for the physically challenged. Should the gate interfere with traffic safety on the public street they will be removed at the property owner’s expense.

SUSTAINABILITY

Solid Waste Collection and Diversion Requirements

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

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

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

Refer to the City’s revised waste ordi nance (November 16, 2021) governing the enclosures’ locations, specific sizing, configuration, and cl earances. Resident Item No.10L

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Ord. No. 1714-NS
access to Waste Enclosures serving MF D-C or MXD developments via walk-up shall be located no further than 150 feet from the front door of the furthest residential unit served as measured along the accessible path of travel.

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

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

Water and Irrigation

125. Water – Thousand Oaks is a State Water Dependent Area and we are currently at a level 4 drought restriction which has a maximum of one day per week outside irrigation and requires the use of drip/low flow irrigation. If the drought continues, all outside irrigation could be eliminated. Please visit www.toakswater.org for more information on restrictions. Note that our water conservation ordinance has restrictions that exceed MWELO requi rements and the developer should design their palette to thrive on once a week low- flow irrigation only. Trees should be on separate zones so they can be operated s eparately in the event that additional restrictions are added.

126. Low-flow/low volume Irrigation – Sprinklers including rotators are prohibited within the City please review the specif ic requirements on our irrigation page. https://www.toakswater.org/sprinklersandirrigation.

127. Plantings during the drought – The drip/low flow irrigation system should be installed, and trees planted. However, in stalling the smaller shrubs and plants should be deferred until either the drought is over, or the City determines we have sufficient water to establish new plantings.

128. Turf/Grass – State law now prohibits the wate ring of non-functional turf in commercial developments. A waiver from the Sustainability Division is required to use potable water for turf. The waiver mu st include an explanation of why it is "functional turf". Include a description of the subsurface irrigation system or mechanism to irrigate. In planning for the future, turf areas should be minimized and established on separate valves for easier shutoff during droughts.

129. Dust control – Refer to Ventura County Air Poll ution Control District methods of dust control for eligible methods, for the duration of the water restrictions.

Alternatives to the use of use of pot able water during construction should be the primary methods employed. If potable water is needed a hardship waiver is required and must explain when potabl e water will be used in the different construction stages and when other methods will be used. The hardship waiver is available from the Sustainability Division.

Item No.10L

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Ord. No. 1714-NS

130. Electric Vehicles – 5% of the total 126 parking spaces (7 spaces) will be equipped with EV chargers on the first day the apar tments are approved to be occupied. 20% of the parking spaces will be EV Capabl e (25 spaces). 35% of the parking spaces (44 spaces) will be EV Ready.

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

VENTURA COUNTY FIRE PROTECTION DISTRICT

132. Fire Department Clearance - Applicant shall submit VCFD Form #610, Fire Permit Application, prior to obtaining a building permit for any new structures.

133. Fire-Flow (Commercial, Industrial, Multi-family buildings) - The minimum fire- flow required shall be determined as specified by the current adopted edition of the California Fire Code Appendix B wit h adopted Amendments and the City of Thousand Oaks Public Works Water Works (w hichever is more restrictive). The applicant shall verify that the water purveyor can provide the required volume and duration for the project prior to obtaini ng a building permit by having them fill out VCFD Form #625, Fire-Flow Verification.

134. Building Plan Review - Building plans of all A, E, I, H, R-1, R-2, or R-4 occupancies shall be submitted, with payment for plan che ck, to the Fire District for review and approval prior to obtaining a building permit.

135. Emergency Planning and Preparedness - The owner/applicant and all occupants of buildings shall comply wit h the Fire Department requirements for Emergency Preparedness Requirements as i ndicated under the California Fire Code, Chapter 4 “Emergency Planning and Preparedness”, and CCR Title 19 Sec

3.09. All required records and documentation shall be available for review by the Fire Department upon request.

136. Access Point(s) on Roads - Roads shall be provided such that any portion of the exterior walls, at grade level, of a building or structure, is not more than 150 feet from a road as measured by an approved route around the exterior of the building.

Exception: The distance shall be permitted to be extended to 250 feet when the building is protected by an automatic fi re sprinkler system in accordance with NFPA 13 and provided with an approved access walkway leading from the road to the exterior openings around the structure.

137. Aerial Apparatus Access - Private roads shall comply with Public Road Standards. Multi-Family, Commercial, or Industrial Buildings or portions of buildings or facilities exceeding 30 feet in height above the lowest level of fire department access shall require an approved aerial ladder fire apparatus access road. The highest roof surface shall be determined by measurement to the eave Item No.10L

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Ord. No. 1714-NS
of a pitched roof, the intersection of the ro of to the exterior wall, or the top of parapet walls, whichever is greater. O ne aerial apparatus access road shall be provided per 50,000 square feet of buildin g area. Aerial apparatus access roads shall have a minimum unobstructed width of 30 feet, exclusive of shoulders.

Required aerial apparatus access roads sh all be located within a minimum of 15 feet and a maximum of 30 feet from the bu ilding. Aerial apparatus access roads shall be positioned such that they are parallel to the entire side of the building. The side of the building on which the aerial fire apparatus access road is positioned shall be along the longest side of the bu ilding, unless otherwise approved by the fire code official. Parking shall be prohibited along the required width of the access roads. Overhead utility and power lines shall not be located within the aerial ladder fire apparatus access roads. Landscapi ng and other improvements between the required access and the build ings shall not interfer e with aerial ladder fire apparatus operations, as approved by the fire district.

138. Mitigation to Aerial Fi re Apparatus Access Roads - The fire code official is authorized to reduce the r equired width to not less than 24 feet when all the following are provided.
 Automatic fire sprinklers are in stalled throughout the structure in accordance with NFPA 13.
 Fire sprinkler standpipes are provided on all floors and through to the roof.  Two or more roof access points are pr ovided through 2-hour fire rated stairs separated a distance not less than half of the diagonal of the structure.

139. Turning Radius - The access road shall be of sufficient width to allow for a 40- foot centerline turning radius at all turns in the road.

140. Road Surface Construction and Grade Limitations - Fire apparatus access roads serving commercial and industrial occupancies shall have a structural cross section and surface complying with the public road standards for the jurisdiction in which the project is located and grades shall not exceed 10%.

141. Vertical Curve - The vertical curve of a fire apparatus access roads serving commercial and industrial occupancies shall not allow for transitions between grades that exceed 6% el evation change along any 10- foot section. These transitions shall include angle of approach, angle of departure, and high centering of fire apparatus.

142. Vertical Clearance - All access roads/driveways shall have a minimum vertical clearance of 13 feet 6 inches (13' 6"). Clear of building to sky.

143. Construction Access Utilities - Prior to combustible construction, all utilities located within the access road and the firs t lift of the access road pavement shall be installed. A minimum 20-foot clear width shall remain free of obstruction during Item No.10L

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Ord. No. 1714-NS
any construction activities within the dev elopment once combustible construction starts.

144. Access Road Certification - The access road(s)/driveway(s) inclusive of bridges, culverts, and other appurtenant structures which supplement the roadway bed or shoulders, shall be certified by a registered civil engineer as having an all-weather surface in conformance with the City of Thousand Oaks Public Works and/or Fire District standards. This certification shall be submitted to the Fire District for review and approval prior to occupancy.

145. Fire Lanes - Prior to construction the applicant shall submit two (2) site plans to the Fire District for approval of the location of fire lanes. Prior to occupancy, all fire lanes shall be posted “NO PARKING-FIRE LANE-TOW AWAY” in accordance with California Vehicle Code, the California Fire Code and current VCFPD Fire Lane Standards. All signs and or Fire Lane mark ings shall be within recorded access easements.

146. Fire Hydrant(s) Required - Fire hydrant(s) shall be provided in accordance with current adopted edition of the Californ ia Fire Code, Appendix C and adopted amendments. On-site fire hydrants may be required as determined by the Fire District

147. Fire Hydrant Design (Commercial, I ndustrial, Multi-family buildings) – Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the City of Thousand Oaks Water Works Manual and the following.
 Each hydrant shall be a 6-inch wet barrel design and shall have one 4-inch and two 2 ½-inch outlets.
 The required fire flow shall be ac hieved at no less than 20-psi residual pressure.
 Fire hydrants shall be spaced 300 feet on center and so located that no structure will be farther than 150 feet from any one hydrant.  Fire hydrants shall be set back from the curb face 24 inches on center.  No obstructions, including walls, tr ees, lights, signposts, and meters shall be placed within three feet of any hydrant.
 A concrete pad shall be installed ext ending 18 inches in all directions from the fire hydrant.
 Ground clearance to the lowest operat ing nut shall be between 18 to 24 inches.

148. Fire Sprinklers - All structures shall be provided with an automatic fire sprinkler system in accordance with cu rrent VCFPD Ordinance at time of building permit application.

Item No.10L

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Ord. No. 1714-NS

149. Standpipe Systems - Standpipe systems shall be in stalled in accordance with California Building and Fire Code requirements.

150. Water System Plans - Plans for water systems supplying fire hydrants and/or fire sprinkler systems and not located withi n a water purveyor’s easement, shall be submitted to the Fire District for review and approval prior to issuance of grading and/or building permits or signing of plans, whichever is first. Plans shall reflect only dedicated private fire service lines and associated appurtenances. Plan shall be design and submitted with the appropria te fees in accordance with VCFPD Standards.

151. Fire Alarm System - A fire alarm system shall be installed in all buildings in accordance with California Building and Fire Code requirements.

152. Fire Alarm/Sprinkler Monitoring Plans - Plans for any fire alarm system or sprinkler monitoring system shall be submitted, with payment for plan check, to the Fire District for review and approval prior to installation.

153. Emergency Lighting and Exit Signs - Emergency lighting and exit signage shall be installed in all buildi ngs in accordance with California Building Code and California Fire Code requirements.

154. Fire Extinguishers - Fire extinguishers shall be installed in accordance with California Building Code and California Fire Code requirements. The placement of extinguishers shall be subject to review by the Fire District.

155. Panic Hardware - All exit doors shall be prov ided with panic hardware when serving A, E, I occupancies with an occupant load of 50 or more persons.

156. Walkways - Approved walkways shall be provided from all building openings to the public way or fire department access road/driveway.

157. Exterior Exit Stairway - Emergency escape and rescue openings shall be provided in Group R occupancie s. Such openings shall discharge directly to the exterior of the building. The exit discharge shall be at grade or shall provide a direct path of egress travel to grade. The exit discharge shall not reenter a building. An exterior exit stairway is required to provide a path of egress from the podium deck to grade and ground ladder access to the podium deck.

158. Ground Ladder Access – Access around the building shall be provided to allow for laddering the building, at a maxi mum 75-degree angle, to reach emergency escape and rescue openings below the fourth story above the grade plane. A three (3) foot clear working space shall be provided around the ladder at ground level.

Item No.10L

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Ord. No. 1714-NS
159. Walk and Pedestrian Gates - If gates are to be locke d, a Knox system shall be installed. The method of gate control, including oper ation during power failure (battery back-up), shall be subject to review by the Fire Prevention Division. Gate plan details shall be submitted to the Fire Dis trict for approval prior to installation.

A final acceptance inspection by the Fire District is required prior to placing any gate into service.

160. Address Numbers (Commercial, Indus trial, Multi-family buildings) - Building address numbers, a minimum of ten inches (10") high, s hall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Brass or gold-plated num bers shall not be used. Individual unit numbers shall be a minimum of 4 inches in height and shall be posted at the front and rear entrance to each unit. Additi onal address directional signs may be required at common building entrances and stairways.

161. Address Directory - An address directory shall be provided at all entrances to the project at locations approved by the Fire District. Design shall be in accordance with Fire District Addressing Standards. Directory plans shall be submitted to the Fire Prevention Division for review and approval prior to installation.

162. Address Number Plan - A plan shall be submitted to the Fire District for review indicating the method in which buildings are to be identified by address numbers.

163. Accessory Room Door Labeling - All accessory room doors shall be labeled on the doors indicating use of the room (i.e., Electrical Room, Riser Room, Fire Alarm Panel Inside, Storage Room, Janitor, Roof Access, etc.).

164. Knox Device - Exterior access leading to fire sprinkler riser rooms and alarm control panels shall be provided with a Knox Box for emergency access.

POLICE DEPARTMENT

165. POOL ACCESS – Pool access will be controlled by key-fob or similar device to reduce trespasser access. The pool will be surrounded by a decorative fence of no less than 6 feet in height, with the same CPTED “2 foot / 6 foot” rules of landscaping to apply.

166. UTILITY ROOMS AND ENCLOSURES – All exterior utility rooms and enclosures containing electrical and telephone equipment shall be kept locked at all times.

167. LANDSCAPING – Landscaping shall not cover, nor partially cover any exterior door or window. Landscaping, including trees, will not be placed directly under any overhead lighting that could cause loss of light at ground level. All landscaping will be kept trimmed in order to provide an unobstructed view of the parking areas and building from adjacent streets. The standard CPTED (Crime Prevention Through Environmental Design) landscaping rules of “two foot / six foot” shall apply to the Item No.10L

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Ord. No. 1714-NS
property (No shrubbery shall be higher than 2 feet and lower the tree canopy shall not grow below 6 feet). This will reduce concealment areas and keep the area well- lit during darkness hours.

168. DOOR SECURITY HARDWARE – Exterior double doors shall have an astragal constructed of steel or al uminum a minimum of .125” thick, which will cover the opening between the doors. The attachment of the as tragal shall comply with all applicable provisions of t he Fire Code. Exterior, outward opening single doors shall have the appropriate type of latch guard installed so as to prevent the violation of the latch and strike. The latch guard shall be a minimum of .125” thick and extend a minimum of six inches above and below the door latch or deadbolt. Doors utilizing rim and cylinder locks shall have heavy- duty cylinder guards installed.

All outward opening exterior doors shall have hinges equipped with non-removable hinge pins or a mechanical interlock (set screws) to prevent removal of the door from the outside by removing the hinge pins.

169. ADDRESS NUMBERS – Wall mounted address numbers shall be a minimum of ten inches in height, be of a highly cont rasting color to the background on which they are attached, and shall be illumi nated from dusk to dawn by a permanent, dedicated light source.

170. ELEVATORS – Elevator interiors shall be equipped with mirrors or highly reflective surfaces to allow surveillance of the in terior prior to entry, and shall have a minimum interior dimension of 6’ 8” wide x 4’9” deep in order to accommodate a standard sized medical gurney and emergency response personnel.

171. STAIRWELLS - Stairwells leading to additional floors in the enclosed areas will either have (1) mirrors, (2) an open stairs concept, (3) half-wall concept or (4) any combination of the aforementioned, to allow the traveler to view up or down to the next floor for the purposes of an increased field of view and reduced blind spots.

Additionally, any stairwell or doors leading from the public area to any residential area is to be accessed by key-fob, key, punch code or other c ontrol device as to restrict access from the general, non-residi ng public. This includes all exterior doors on the perimeter of the residential portion of the project. The doors will have emergency access via a “Knox Box” or similar security device. A generic code for door access will also be provided to Sher iff’s Dispatch at 805-654-9511 if coded.

Any code changes need to be provided to Sheriff’s Dispatch ASAP

172. TRASH ENCLOSURES – Exterior trash enclosures shall be kept closed and locked during non-business hours to disc ourage, loitering, illegal dumping and theft. Trash encloses will be constructed to have outside visibly to reduce the possibility of camping or sleeping in the area.

173. UNDERGROUND PARKING – For the residents, will have a motorized gate to limit free and unrestricted access from persons not having business at the location.

Item No.10L

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Ord. No. 1714-NS
The garage area will have emergency access to the gate via a “Knox Box” or similar security device. A generic code for gate access will also be provided to Sheriff’s Dispatch at 805-654-9511. Any code change s need to be provided to Sheriff’s Dispatch immediately.

174. PARKING STRUCTURES – Install a digital, color, CCTV security camera system on each level of the parking structures. Cameras shall cover the parking areas as well as the pedestrian and vehicular egre ss and ingress points. Cameras shall provide good image quality during all hours of operation. It shall be a requirement that a minimum of the past 72 hours of re corded activity be retained by staff and be available upon request by the Police Department. The interior staircases shall be of the open construction variety in orde r to minimize blind spots and areas of concealment. Security mi rrors shall be placed in the stairwells and parking structure interior.

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

For the safe movement of vehicles and pedestrians, lighting levels should be evenly distributed to provide uniform illumination of the entire parking area. Care should be given to prevent the casting of glare and spillover lighting outside of the structure. The applicant s hall comply with the followi ng lighting requirements in the proposed parking structure:
 A minimum five-foot candles at the fl oor level shall be provided on interior driving aisles, at all times.

 The roof parking area shall have a mini mum maintained one-foot candle at floor level during hours of darkness.

 Interior parking spaces at barrier and railings shall have a minimum maintained one-foot candle at floor level at all times.

 Stairways, ramps and exits shall hav e a minimum maintained ten-foot candle at floor level at all times.

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

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

All entrances to the parking structure shall be posted with signs indicating the structure is under 24 hour video surveillanc e. All driveway entrances shall be Item No.10L

cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

Ord. No. 1714-NS
posted with appropriate signs per 22658(a) of the California Vehicle Code to assist in removing abandoned vehicles on the property.

175. PARKING – In order to facilitate parking concerns, the developer shall post signs at each entrance to the parking lot indicati ng the California Vehicle Code will be enforced. To discourage theft and vandalism, the parking lot shall be fenced. The use of chain link is discouraged. A ccess shall be through a gate equipped with key card reader. Entry logs shall be retrievable and presented to the Thousand Oaks Police Department when necessary.

176. OTHER SECURITY CONCERNS - The business will correct any safety or security concerns upon written notice by the Thousand Oaks Police Department.

*****
Item No.10L

cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

Ord. No. 1714-NS
EXHIBIT “E”

Greens Initiative Outline

 Central Location with Readily Accessibl e Transit and Walkability to Thousand Oaks Boulevard
 Non-smoking residences
 All electric residential units
 Electric Vehicle Charging Stations – 5% of total Parking per Title 24 requirement  Electric Vehicle Capable Spaces with conduit – 20% of total Parking (10% above Title 24 requirement)
 Electric Vehicle Ready Spaces with condu it and receptacles – 35% of total Parking (10% above Title 24 requirement)
 Dedicated Car-Sharing Program to reduce single occupancy trips  Rooftop Solar Farm pe r Title 24 requirement
 Environmentally Sourced Materials
 Increased Tree Canopy to Reduce Heat Island Effect and Improve Air Quality  Added Open Green Space to Increase Permeability
 Plant Materials to Increase Pollinators and Biodiversity  Pathways and Open Spaces to Impr ove Physical and Mental Health  High-Efficiency Roofing to Reduce Heat Island Effect
 Native & Drought Tolerant Landscaping with Efficient Irrigation Systems  Rainwater Management System for Irrigation
 Enhanced Air Filtration Program
 High-Efficiency Water Conservation Program
 LED Lighting
 Indoor & Outdoor Green Clean ing & Maintenance Program  Collection & Sorting of Debris & Tr ash to Divert Waste from Landfills  Indoor/Outdoor Bike Parking Provided as required by state and local law.

Item No.10L

cdd:420-46\jk\H:COMMON\City Council\CC Agenda Items\2023\04252023\Long Ct\Attach 2.docx\pz [FILE ID: 2022-70822-DAGR)

Ord. No. 1714-NS

EXHIBIT “F”

2022 Ventura County Income Limits Chart

2022 Ventura County Income Limits
Annual
Income
1 Person
Household
2 Person
Household
3 Person
Household
4 Person
Household
5 Person
Household
6 Person
Household
7 Person
Household
8 Person
Household
Acutely
Low
(15%)
$ 12,100 $ 13,850 $ 15,550 $ 17,300 $ 18,700 $ 20,050 $ 21,450 $ 22,850 Extremely
Low
(30%)
$ 26,350 $ 30,100 $ 33,850 $ 37,600 $ 40,650 $ 43,650 $ 46,650 $ 49,650 Very Low
(50%)
$ 43,900 $ 50,200 $ 56,450 $ 62,700 $ 67,750 $ 72,750 $ 77,750 $ 82,800 Lower
(80%)
$ 70,250 $ 80,300 $ 90,350 $ 100,350 $ 108,400 $ 116,450 $ 124,450 $ 132,500 Median
(100%)
$ 80,800 $ 92,300 $ 103,850 $ 115,400 $ 124,650 $ 133,850 $ 143,100 $ 152,350 Moderate
(120%)
$ 96,950 $ 110,800 $ 124,650 $ 138,500 $ 149,600 $ 160,650 $ 171,750 $ 182,800

Item No.10L

TO:Andrew P. Powers, City Manager
FROM:Tracy M. Noonan, City Attorney
DATE:May 9, 2023
SUBJECT: Transition to District Elections - Map Criteria Hearing #1 RECOMMENDATION:

1. Receive report from National Demographics Corporation (NDC) on districting process and permissible criteria to be considered should district boundaries be created.

2. Conduct public hearing to receive public input on district boundaries.

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

FINANCIAL IMPACT:

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

BACKGROUND:

The City of Thousand Oaks currently uses an "at-large" election system, in which all voters in the City have the opportunity to vote for candidates for all five seats on the City Council. City Council candidates may reside anywhere in the City, and they each provide citywide representation. A district-based election system is one in which the City is physically divided into voting districts, each with one council member who resides in the district and is chosen by the electors residing in that particular district.

On March 15, 2023, the City received a letter alleging the City's at-large method of electing members of City Council violates the California Voting Rights Act (CVRA/the Act). The letter demanded the City transition to district-based elections or face litigation under the CVRA.

Item No.11A

Transition to District Elections - Hearing #1
July 5, 2022

2 7
1 At the April 4, 2023, City Council meeting, staff presented a variety of options and issues associated with the CVRA challenge to the City's current at-large method of electing members of City Council. After considering all the information and options presented, City Council voted to initiate the transition to district-based elections, authorizing staff to bring back a resolution declaring City Council's intent to transition to districts pursuant to Elections Code Section 10010(e)(3)(A).

On April 25, 2023, City Council adopted Resolution No. 2023-011 (Attachment #1) initiating the process to transition from an at-large election system to a district- based election system. A key reason that the City is proceeding with district-based elections is the threat of significant litigation under the CVRA. Faced with potentially hundreds of thousands, or even millions, of dollars in legal fees and damages (as some cities have experienced), the City decided to voluntarily proceed with transitioning to district-based elections. This allows the City to retain its own ability to determine and adopt an appropriate district map instead of having the risk of a court doing so.

DISCUSSION/ANALYSIS:

The first step in the transition process is to hold two public hearings to invite public input regarding the composition of the City’s voting districts before any draft maps are drawn. After these two public hearings are complete, the City Council must hold at least two additional public hearings on the map(s) of the districts themselves. The maps must be publicly available for at least seven days before the public hearing, and if a change is made to the map after the first public hearing, the revised map must be available at least seven days before the districts are adopted by ordinance.

The purpose of the first two public hearings is to inform the public about the districting process and to hear from the community on what factors should be taken into consideration when creating voting district boundaries before any maps are drawn. The public is requested to provide input regarding communities of interest and other local factors that should be considered while drafting district maps. A "community of interest" is a neighborhood or group that would benefit from being in the same district because of shared interests, views, or characteristics.

Relationships with political parties, incumbents, or political candidates are not a basis for identifying a community of interest. Possible community features include, but are not limited to:

1. School attendance areas;

2. Natural dividing lines such as major roads, hills, or highways;

3. Areas around parks and other neighborhood landmarks;

4. Common issues, neighborhood activities, or legislative/election concerns; Item No.11A

Transition to District Elections - Hearing #1
July 5, 2022

2 7
1 and

5. Shared demographic characteristics, such as:
a. Similar levels of income, education, or linguistic isolation; b. Languages spoken at home; and
c. Single-family and multi-family housing unit areas.

In creating the district boundaries, the City must ensure compliance with the following State- and federally-mandated criteria:

Federal Criteria for Cities:

1. Each council district shall contain a nearly equal population as required by law; and

2. Each council district shall be drawn in a manner that complies with the Federal Voting Rights Act. No council district shall be drawn with race as the predominant factor in violation of the principles established by the United States Supreme Court in Shaw v. Reno, 509 U.S. 630 (1993), and its progeny.

California Criteria for Cities:

1. Geographically contiguous;

2. Undivided neighborhoods and "communities of interest" (socio-economic geographic areas that should be kept together);

3. Easily identifiable boundaries; and

4. Compact (do not bypass one group of people to get to a more distant group of people).

Other Traditional Districting Principles:

1. Respect voters' choices / continuity in office; and

2. Future population growth.

Next Steps
At the May 16, 2023, City Council Meeting, the City Council will conduct Public Hearing #2 to seek additional public input and provide direction on criteria to be considered while drafting district maps. Following that hearing, draft district maps and proposed election sequencing will be posted to the dedicated districting website at maptoaks.org and available at City Hall. The first draft maps will be posted no later than June 13, 2023, seven days prior to Public Hearing #3 on June 20, 2023. Revised maps will be posted no later than July 4, 2023, seven days prior to Public Hearing #4 on July 11, 2023. Additional workshops will be held in the community, as detailed on the City’s districting website, including a virtual workshop on May 11, 2023.

Item No.11A

Transition to District Elections - Hearing #1
July 5, 2022

2 7
1 Outreach
To engage the community, City staff launched a full marketing campaign. Staff created a dedicated website on the districting process, maptoaks.org, which is currently featured on the City website's home page. Staff has, and will continue to, conduct community outreach via email, print signage, social media, City newsletters, and announcements at City Council Meetings. Public hearing notices are published in the local newspaper: The Ventura County Star. The City also established a specific email address for members of the public wishing to submit feedback via email: [email protected]. Additional outreach efforts will continue throughout the districting process. Staff invites the public to spread the message to friends and neighbors to help inform the process.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

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

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

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

SUBMITTED BY: Laura B. Maguire, City Clerk
Attachments:

Attachment #1 – Resolution No. 2023-011 Resolution of Intention CCD:630-20 650-40\lmndc\h:\common\elections\Disrict Elections\March\StaffRpts\050923 Dist Elec 1st PH SR.docx Item No.11A

DocuSign Envelope ID: F47446SD- FEE9- 4E70- 8BBA- 95317DBD7D22 RESOLUTION NO. 2023- 011

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF THOUSAND OAKS, CALIFORNIA

DECLARING ITS INTENT TO TRANSITION

FROM AT - LARGE TO DISTRICT - BASED

ELECTIONS PURSUANT TO ELECTIONS CODE
SECTION 10010( e)( 3)( A) FOR CITY COUNCIL

ELECTIONS, TO INITIATE PROCEDURES AND

IMPLEMENTATION OF DISTRICT - BASED

ELECTIONS FOR CITY COUNCILMEMBERS
WHEREAS, the City of Thousand Oaks, is a general law city duly organized and existing under and pursuant to the Constitution and laws of the State of California; and
WHEREAS, the five Members of the City Council of the City of Thousand Oaks are currently elected in " at - large" elections, in which each City Councilmember may reside in any part of the City and each City Councilmember is elected by the registered voters of the entire City; and WHEREAS, the City received a letter on March 15, 2023, from Jason Dominguez, Radcliff Mayes, LLP, asserting that the City' s at -large city council electoral system violates the California Voting Rights Act ( CVRA) and threatened litigation against the City if it does not convert to district -based elections for Members of the City Council; and
WHEREAS, a violation of the CVRA is established if it can be proven that racially polarized voting" occurs in elections [ Elections Code Section 14028( a)].

Racially polarized voting means voting in which there is a difference in the choice of candidates or other electoral choices that are preferred by voters in a protected class, and in the choice of candidates and electoral choices that are preferred by voters in the rest of the electorate [ Elections Code Section 14026( e)]; and WHEREAS, the City Council, without comment on the merits of the claims alleging a CVRA violation, has directed staff to initiate the process to establish district -based elections, as it is in the best interest of the City to move from its current at - large electoral system to a district - based election for Members of the City Council in furtherance of the purposes of the CVRA; and WHEREAS, Elections Code Section 10010 provides a " safe harbor" and process for expeditiously changing to a district -based election system to avoid the high cost of litigation under the CVRA; and
CCD: 630- 20\ 650- 40\ cmr\ H:\ Common\ Elections\ District Elections/ 04252023/ 042523 Dist Elec Intent Res. doc

Res. No. 2023- 011
ATTACHMENT #1
Item No.11A

DocuSign Envelope ID: F47446BD- FEE9- 4E70- 8BBA- 95317DBD7D22 WHEREAS, City Council moves to make this transition from an at -large election system to a district - based election system in accordance with the procedural rules outlined in Elections Code Section 10010; and WHEREAS, prior to City Council' s approval of a proposal to establish district boundaries for a district - based electoral system, California Elections Code Section 10010 requires all of the following:

Prior to drawing a draft map or maps of the proposed boundaries of the districts, the City shall hold at least two ( 2) public hearings over a period of no more than thirty ( 30) days, at which the public will be invited to provide input regarding the composition of the districts;

2. After all draft maps are drawn, the City shall publish and make available for release at least one draft map and, if Members of the City Council will be elected in their districts at different times to provide for staggered terms of office, the potential sequence of the elections shall also be published. City Council shall also hold at least two ( 2) additional hearings over a period of no more than forty- five ( 45) days, at which the public shall be invited to provide input regarding the content of the draft map or maps and the proposed sequence of elections, if applicable. The first version of a draft map shall be published at least seven ( 7) days before consideration at a hearing. If a draft map is revised at or following a hearing, it shall be published and made available to the public for at least seven ( 7) days before being adopted; and
WHEREAS, in determining the final sequence of staggered district elections, City Council will give special consideration to the purposes of the CVRA and will take into account the preferences expressed by the members of the districts.

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

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The City Council hereby resolves, pursuant to Elections Code Section 10010, to adopt a district -based election system by ordinance for use in the City's General Municipal Election for City Councilmembers effective November 2024.

SECTION 3. The City has retained a qualified demographer and expert counsel to assist in establishing a district -based electoral system.

CCD: 630- 20\ 650- 40\ cmr\ H:\ Common\ Elections\ District Elections/ 04252023/ 042523 Dist Elec Intent Res. doc

Res. No. 2023- 011
Item No.11A

DocuSign Envelope ID: F47446BD- FEE9- 4E70- 8BBA- 95317DBD7D22 SECTION 4. The City' s demographic consulting firm, acting under the supervision of the City Attorney, is hereby authorized to direct and formulate one or more electoral district scenarios for review by the public and City Council at two or more public hearings, if necessary, in accordance with the City' s proposed timeline.

SECTION 5. The City Council hereby approves the tentative timeline as set forth in Exhibit A, attached to and made a part of this resolution, for conducting a public process to solicit public input and testimony on proposed district - based electoral maps before adopting any such map.

SECTION 6. Working with a demographic consulting firm and a community education and outreach consulting firm, staff is directed to publicize relevant maps, information, notices, agendas, and other materials regarding district -based elections and to establish means of communication to answer questions from the public.

SECTION 7. The City Clerk shall certify as to the passage of this Resolution and cause it to be maintained in the official records of the City.

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

Ayes: Councilmembers Engler, Newman, Taylor, Adam, and Mayor McNamee Noes: None

Absent: None DocuSigned by:
vi, 1%?o% Za-.,. co
Kevin McNamee, Mayor
City of Thousand Oaks, California
ATTEST/ CERTIFY:

Lj
igned by:

Laura B. Maguire, City Clerk
Date Attested:
4/ 27/ 2023

APPROVED AS TO FORM
Office of the City Attorney
DocuSigned by:

FtWUd.

David Womack, Assistant City Attorney
CCD: 630- 20\ 650- 40\ cmr\ H:\ Common\ Elections\ District Elections/ 04252023/ 042523 Dist Elec Intent Res. doc

Res. No. 2023- 011
Item No.11A

DocuSign Envelope ID: F47446BD- FEE9- 4E70- 8BBA- 95317DBD7D22 APPROVED AS TO ADMINISTRATION:

DocuSigned by:

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.

CCD: 630- 20\ 650- 40\ cmr\ H:\ Common\ Elections\ District Elections/ 04252023/ 042523 Dist Elec Intent Res. doc

Res. No. 2023- 011
Item No.11A

DocuSign Envelope ID: F47446BD- FEE9- 4E70- 8BBA- 95317DBD7D22

EXHIBIT A
CVRA DISTRICT PROCESS — DRAFT TIMELINE
Letter Received by City Clerk Department: March 15, 2023 45- Day Deadline [ E. C. 10010( e)( 3)( A)]: April 29, 2023 90- Day Deadline [ E.C. 10010( e)( 3)(B)]: July 24, 2023 No. Task Date Notes
1 City Council Regular Meeting April 4, 2023 Council to provide staff direction on topic; public Item to Introduce Topic will have an opportunity to voice their opinion 2 City Council Regular Meeting April 25, 2023 E. C. 10010( e)( 3)( A) - Must adopt Resolution Adopt Resolution of Intent within 45 days. Starts the 90- day timeline for Public Hearings
3 City Council Regular Meeting May 9, 2023 Before Map( s) Drawn - E. C. 10010( a)( 1) - hold Public Hearing # 1— two public hearings on composition of districts Introduce Public Engagement within 30 days of adopting Resolution. First Process Public Hearing can be conducted on same night
as Adoption of Resolution. During these two
Public Hearings NO maps maV be released.
4 Public Workshop May 11, 2023 Community Information meeting with an overview of CVRA, at - large vs. district - based
elections, and opportunity for the community to
provide input.
5 City Council Regular Meeting May TBD, Before Map( s) Drawn — E. C. 10010( a)( 1) - must Public Hearing # 2 — Public 2023 be held within 30 days of adopting resolution Engagement Process April 25, 2023). No drawn maps may be released until after this Public Hearing.
6 Public Workshop June 3, 2023 Community Information meeting with an overview of CVRA, at - large vs. district - based
elections, and opportunity for the community to
provide input.
7 City Council Regular Meeting June 20, 2023 After Map( s) and Sequencing Published E.C.

Public Hearing # 3 — Public 10010( a)( 2) - at least 7 Days After Draft Map( s) Input and Sequencing Publication. Discuss the draft
map( s) nd proposed sequence of elections.
8 Public Workshop June 22, 2023 Community Information meeting with opportunity for the community to provide input
regarding draft district maps.
9 Public Workshop June 24, 2023 Community Information meeting with opportunity for the community to provide input
regarding draft district maps.
10 City Council Regular Meeting July 11, 2023 After Map( s) and Sequencing Published E.C.

I Public Hearing # 4 — Map 10010( a)( 2) - within 45 days of Public Hearing Approval and Introduction/ First 3. Council adopts a single map / introduces Reading of Ordinance ordinance
11 City Council Regular Meeting July 18, 2023 Publish Entire Adopted Ordinance; G. C. 36937 Second Reading of Election Ordinance Effective Immediately).

Ordinance; Ordinance
Adoption
CCD: 630- 20\ 650- 40\ cmr\ H:\ Common\ Elections\ District Elections/ 04252023/ 042523 Dist Elec Intent Res. doc

Res. No. 2023- 011
CCD: 630-20\650-40\lmndc\h:\common\elections\district\050923 dist elec 1st ph att1.pdf Item No.11A

TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:May 9, 2023
SUBJECT: 2023 Transit Title VI Plan Update
RECOMMENDATION:

1. Approve update to Title VI Non-Discrimination Plan for City-operated transit services.

2. Adopt resolution of approval, required as a condition of Federal Transit Administration funding.

3. 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.

BACKGROUND:

Thousand Oaks Transit (TOT) was established in 1981 and provides fixed route and commuter bus service, Senior Dial-A-Ride (DAR), and Americans with Disabilities Act (ADA) paratransit services to residents of Thousand Oaks. In addition, TOT provides services under contract to the Cities of Moorpark, Westlake Village, Agoura Hills, and the County of Ventura for Oak Park and select unincorporated areas and East County Transit Alliance’s (ECTA) InterCity DAR service.

Title VI of the Civil Rights Act of 1964, as amended, requires agencies receiving federal funds to have a Title VI Plan and update the plan every three years. TOT is the recipient of federal grants and allocations and therefore is required to have a Title VI Plan. Prior to 2015, as a sub-recipient of Federal Transit Administration (FTA) funding, the City operated under the Ventura County Transportation Commission (VCTC) Title VI Plan. To best serve the residents of our community Item No.11B

2023 Transit Title VI Plan Update
May 9, 2023

6 4
8 and focus the plan on our ridership, it was determined to be beneficial for the City to adopt a Title VI Plan specific to its own service area. City Council adopted the initial TOT Title VI Plan in 2015, approved the first plan update in 2018, and approved a limited scope update in 2021 due to the COVID-19 pandemic. As a condition for being allowed to do a limited-scope update in 2021, the City was required to prepare a full update no later than June 30, 2023. This update satisfies that condition.

Title VI Plans help ensure transit services are provided without discrimination against any portion of the population served and provide residents with the resources to file a complaint of discrimination. Furthermore, when population demographics reach designated thresholds, transit agencies are required to provide written translations of some materials in languages other than English.

DISCUSSION/ANALYSIS:

The City is committed to ensuring no person is excluded from participation in or denied the benefits of its services on the basis of race, color, national origin, or any protected class. The TOT Title VI Plan helps ensure transit services are provided without discriminating against transit riders and provides residents with the resources to file a complaint of discrimination.

Due to reduced ridership caused by the pandemic, much of the data from sources such as rider surveys, stakeholder discussions, and focus group workshops, was difficult to obtain in 2021. To ensure no person was excluded from participation or denied the benefits of transportation services, TOT requested, and was granted by VCTC, a deferment of a full Title VI update until 2023.

The City hired Moore and Associates, the firm that prepared the original 2015 Plan and both Plan updates in 2018 and 2021, to conduct a full Plan update (Attachment #1). The update includes demographic data obtained from the American Communities Survey, surveying relevant local non-profit groups, on-board surveys, as well as surveys mailed to selected residences. The data and survey responses have identified that no major changes to the Plan are warranted at this time and that users of the service are overall satisfied with the services provided.

In addition to an updated Plan, FTA regulations stipulate that a City Council resolution (Attachment #2) be adopted as a condition of continued funding. Staff recommends City Council approval of the Title VI Plan update and resolution.

Community Outreach: Copies of the draft Title VI Plan update were posted to the City website and links provided to TOT social media platforms. City Clerk Department placed public notices in the Ventura County Star newspaper and on the City’s website.

Item No.11B

2023 Transit Title VI Plan Update
May 9, 2023

6 4
8 COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

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

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

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

PREPARED BY: Tyler Nestved, Assistant Transit Planner
Attachments:

Attachment #1 – 2023 Title VI Plan Update
Attachment #2 – Resolution
DPW:940-10\tn\etm\Council\2023\050923\ Title VI Plan Update staff report.docx Item No.11B

THOUSAND OAKS TRANSIT
2023 Title VI Program
Developed April 2023
To be adopted by the City of Thousand Oaks City Council:

May 9, 2023
Point of Contact
Mike Houser, Transit Program Manager
City of Thousand Oaks
2100 E. Thousand Oaks Blvd.

Thousand Oaks, CA 91362
(805) 449-2400
Prepared by
Moore & Associates, Inc.
25852 McBean Parkway #187
Valencia, CA 91355
(888) 743-5977
DPW:940-10\tn\etm\Council\2023\050923\ Title VI Plan Update\Att 1.pdf ATTACHMENT #1
Item No.11B

2023 Title VI Program
Thousand Oaks Transit
April 2023
Page ii
Thousand Oaks Transit (TOT) is a public transit program which serves the residents and visitors of the city of Thousand Oaks. The City also provides service under contract to the adjoining communities of Westlake Village, Agoura Hills, and Moorpark.

This document was prepared by Moore & Associates, Inc., for the City of Thousand Oaks which serves as the administrator of the TOT program. It has been approved by the City of Thousand Oaks City Council, and complies with Title V I of the Civil Rights Act of 1964, including recent p rovisions detailed in U.S.

Department of Transportation’s FTA Circular 4702.1B, “Title VI Requirement and Guidelines for Federal Transit Administration Recipients.”
Item No.11B

2023 Title VI Program
Thousand Oaks Transit
April 2023
Page iii

TABLE OF CONTENTS

1. Title VI Notice and Locations ........................................................................................ 1-1

2. Title VI Complaint Procedures and Form ...................................................................... 2-1

3. List of Transit-Related Title VI Investigations, Complaints, and Lawsuits .................... 3-1

4. Public Participation Plan ............................................................................................... 4-1 a. Summary of Outreach Efforts ........................................................................... 4-4

5. Language Assistance Plan ............................................................................................. 5-1 a. Four-Factor Analysis .......................................................................................... 5-9

6. Membership of Non-Elected Committees and Councils .............................................. 6-1

7. Subrecipient Monitoring and Schedule of Subrecipient Title VI Program Submissions ................................................................................................................... 7-1

8. Title VI Equity Analysis .................................................................................................. 8-1

9. City Council Adoption of TOT Title VI Program ............................................................. 9-1

Appendix

1. Fixed-Route Transit Provider Title VI Requirements ................................................... A-1

Item No.11B

2023 Title VI Program
Thousand Oaks Transit
April 2023
Page iv

This page intentionally blank.

Item No.11B

2023 Title VI Program
Thousand Oaks Transit
April 2023
Page v

Table of Exhibits

Exhibit 1.1 Noticing Locations .................................................................................................. 1-1 Exhibit 1.2 TOT Title VI Notice to the Public (English) ............................................................. 1-2 Exhibit 1.3 TOT Title VI Notice to the Public (Spanish) ............................................................ 1-2 Exhibit 1.4 TOT Title VI Notice to the Public (Chinese) ............................................................ 1-3 Exhibit 1.5 TOT Title VI Notices on Thousand Oaks Transit Website ....................................... 1-4 Exhibit 2.1 Title VI Complaint Form (English)........................................................................... 2-4 Exhibit 2.2 Title VI Complaint Form (Spanish) ......................................................................... 2-6 Exhibit 2.3 Title VI Complaint Form (Chinese) ......................................................................... 2-8 Exhibit 3.1 Title VI Investigations, Lawsuits and Complaints Summary Table ......................... 3-2 Exhibit 4.1 Bus stop closure notice .......................................................................................... 4-5 Exhibit 5.1 TOT Fleet List .......................................................................................................... 5-2 Exhibit 5.2 Racial Breakdown of Total Population of Service Area.......................................... 5-4 Exhibit 5.3 Languages Spoken at Home/English Proficiency (2016) ........................................ 5-4 Exhibit 5.4 Languages Spoken at Home/English Proficiency (2021) ........................................ 5-5 Exhibit 5.5 School English Learner (EL) Population (2021-22) ................................................. 5-8 Exhibit 5.6 Implementation Plan .............................................................................................. 5-13 Exhibit 6.1 Non-Elected Committee Membership .................................................................. 6-1 Exhibit 9.1 City of Thousand Oaks Adopting Resolution .......................................................... 9-1

Appendix
Exhibit A.1 TOT Service Area Map ........................................................................................... A-3

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Section 1 | Title VI Notice and Locations

Title VI Notice to the Public
The Thousand Oaks Transit Title VI Notice to the Public is currently posted at the locations identified in Exhibit 1.1.

Exhibit 1.1 Noticing Locations
Location Address City/Community
Thousand Oaks Transportation Center 265 S. Rancho Rd. Thousand Oaks, CA City of Thousand Oaks – Civic Arts Plaza display board 2100 E. Thousand Oaks Blvd. Thousand Oaks, CA
Thousand Oaks Transit revenue vehicles ---- ----
Thousand Oaks Transit fixed-route service brochure ---- ---- Thousand Oaks Transit Senior Dial-A-Ride service
brochure
---- ----
Thousand Oaks Transit ADA Dial-A-Ride service brochure ---- ---- Thousand Oaks Transit Kanan Shuttle brochure ---- ----
Thousand Oaks Transit website www.totransit.org ----

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Exhibit 1.2 TOT Title VI Notice to the Public (English)

Exhibit 1.3 TOT Title VI Notice to the Public (Spanish)

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Exhibit 1.4 TOT Title VI Notice to the Public (Chinese)

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Exhibit 1.5 TOT Title VI Notices on Thousand Oaks Transit Website

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Section 2 | Title VI Complaint Procedures and Form

Title VI Complaint Procedure
Any person who believes that he or she, individually or as a member of any specific class of persons, has been subject to discrimination on the grounds of race, color, or national origin with regard to any Thousand Oaks Transit (TOT) transit service, program, or facility, may file a written complaint with the City of Thousand Oaks.

A complaint must be filed with in 180 days of the date of the alleged discrimination, unless the time for filing is extended by the City.

All complaints alleging discrimination should be submitted in writing directly to the TOT Title VI Program Administrator at the address listed below . The TOT Title VI Program Administrator or his/her designee shall be responsible for overseeing investigations and responses to complaints of discrimination.

City of Thousand Oaks
Attn: Mike Houser, Transit Program Manager
2100 E. Thousand Oaks Blvd.

Thousand Oaks, CA 91362

All complaints should be completed and submitted on the TOT Title VI complaint form available via online request at [email protected]; by phone request at (805) 449-2400; or in person at the Thousand Oaks Transit offices/Thousand Oaks Transportation Center (265 S. Rancho Rd, Thousand Oaks, CA 91362), the Municipal Service Center (1993 Rancho Conejo Blvd., Thousand Oaks, CA 91320), or Thousand Oaks City Hall (2100 E. Thousand Oaks Blvd., Thousand Oaks, CA 91362).

At a minimum, a complaint filing must provide the following information:

1. Complainant's Name,

2. Complainant's Address,

3. Complainant's Phone Number,

4. Complainant's Email (if available),

5. Detailed description of complaint/incident,

6. Date of complaint/incident,

7. Time of complaint/incident,

8. Location of complaint/incident,

9. Route Number (if applicable),

10. Name(s) and contact information of witnesses (if applicable),

11. Any other information relevant to the complaint, and

12. Signature (with date) of person submitting complaint.

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Complaints received with incomplete information may result in delayed investigation and response . All complaints MUST be signed.

Within 10 business days of receiving the complaint, the TOT Title VI Program Administrator ( City of Thousand Oaks Transit Program Manager or designee) will review to determine if the City of Thousand Oaks has jurisdiction. The complainant will receive an acknowledgement letter informing them whether the complaint will be investigated by the City.

If the complaint submitted is within the City’s jurisdiction and is complete, a case will be opened and a case number and investigator will be assigned.

If necessary, an investigation will be conducted and completed within 30 days of the receipt of the formal complaint (30-Day Rule).

• If a time extension to the 30 -Day Rule is required, the complainant will be notified in writing of the reason for the extension.

If additional information is required to investigate the case, the City may contact the complainant . The complainant has 10 business days from the date of the letter to send requested information to the Title VI Administrator investigator. If the investigator is not contacted by the complainant or does not receive the additional information within 10 business days, the City may administratively close the case.

A case may also be closed administratively if the complainant no longer wishes to pursue his/her case.

Following the investigation, the Title VI Administrator will issue one of two letters to the complainant:

1. Closure Letter; or

2. Letter of Finding (LOF).

A Closure Letter summarizes the complaint allegations and will state that there was no Title VI violation and that the case will be closed.

A Letter of Finding will summarize the complaint allegations and the investigation regarding the alleged incident. The LOF will also explain whether any disciplinary action, additional training of a staff member, or other action will occur.

If the complainant is unsatisfied with the decision, they have 30 days from the date of the City’s Closure Letter or the L etter of Finding to appeal to the City of Thousand Oaks City Council or its designee . The complainant is entitled to review the denial, to present additional information and arguments, and to separation of functions (i.e., a decision by a person not involved with the initial decision to deny eligibility).

The complainant is entitled to receive written notification of the decision of the appeal and the reasons for it.

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The complainant may also file a complaint directly with the Federal Transit Administration by submitting the complaint in writing to the following address:

Title VI Program Coordinator
FTA Office of Civil Rights
East Building, 5th Floor – TCR
1200 New Jersey Ave., S.E.

Washington, D.C. 20590

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Exhibit 2.1 Title VI Complaint Form (English)

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Exhibit 2.2 Title VI Complaint Form (Spanish)

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Exhibit 2.3 Title VI Complaint Form (Chinese)

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Section 3 | Summary of Complaints, Investigations, and Legal Actions

Per FTA Circular 4702.1B, “all recipients are required to prepare and maintain a list of any of the following that allege discrimination on the basis of race, color, or national origin”:

• Active investigations conducted by FTA and entities other than FTA, • Lawsuits, and
• Complaints naming the recipient (i.e., Thousand Oaks Transit and/or City of Thousand Oaks).

Since the prior Title VI update, the TOT program/City of Thousand Oaks has had one series of complaints investigated as potential Title VI issues. Those complaints, which were racially based but not based on actions of the City, have been investigated and closed. Neither TOT nor the City is involved in any active Title VI investigations or has been involved in any Title VI lawsuit. The following matrix reflects all Title VI complaint activity through the end of calendar year 2022.

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Exhibit 3.1 Title VI Investigations, Lawsuits and Complaints Summary Table Case/
Reference
Number
Date

MM/DD/YYYY
Summary (Include
basis of complaint:
race, color, or national
origin)
Current
Status Action(s) Taken
Active
None
Lawsuits
None
Complaints
Calcaterra 10/11/2021 –
10/20/2021
While filed as a Title VI
complaint,
complainant did not
select any of the three
Title VI categories but
instead wrote in
Disability. The
complainant cited
several instances
during which the
Agoura Hills Dial-A-
Ride driver refused to
turn the air
conditioning on (which
they claimed was on
file as an
accommodation for a
disability) and/or
mocked the request.

Closed Complainant initially contacted the City
with a discrimination complaint,
following which (on September 27,
2021) the City provided them with the
Title VI complaint form and details
regarding the Title VI complaint
process. The formal Title VI complaint
was received on October 11, 2021. The
City investigated the complaint and
ultimately found it not to be a violation
of Title VI, as it claimed discrimination
based on the Americans with
Disabilities Act (ADA), and not based
on race, color, or national origin. The
City closed the Title VI complaint and
issued its formal response letter on
October 20, 2021. The City continued
to investigate the issue as an ADA
complaint; however, found no
evidence that drivers did not attempt
to comply with the complainant’s
request for air conditioning. In
addition, the City found no evidence
that the complainant had applied for
ADA certification, nor were they using
an ADA paratransit service. The City
recommended the complainant pursue
ADA certification in either Ventura or
Los Angeles county, even though the
Agoura Hills Dial-A-Ride is not an
eligibility-based program.

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Section 4 | Public Participation Plan

The City of Thousand Oaks/ Thousand Oaks Transit (TOT) has developed this Public Participation plan as part of its Title VI Program . TOT is committed to ensuring it provides equal and equitable access to its services throughout their service area in the safest and most cost -effective manner possible. Through a combination of input and insight from community residents, current and prospective riders, community stakeholders, and TOT staff, the City of Thousand Oaks has enhanced its methodologies of reaching the public within its service area and will be able to further refine its strategies in the future.

Approach to Public Participation
The public participation process should be considered at the earliest stages of any TOT project or service enhancement which may impact the surrounding communities, existing riders, and potential riders . As transit-related services and projects vary in sc ope and goals, the public participation process should be tailored to most effectively assist each. The following process outlines tools and strategies to ensure that public input is invited and all foreseeable impacts to the served communities are considered.

TOT has developed a prioritized set of project tiers which guided the development of minimum public participation requirements. During the initial planning phase of each transit -related project or major service revision, City of Thousand Oaks and TOT staff will identify the tier in which the project falls and develop a tailored participation plan accordingly . At any time during a project’s development and/or implementation process, the project may be reclassified to a higher tier as City and TOT staff deem appropriate. The tiers of public participation are presented below.

Baseline – Routine service, route, schedule, and system enhancements and revisions. Also includes short-term projects (less than one year in duration) where potential impacts to TOT and its customers should be considered during planning phases.

Examples include minor revisions to fixed-route schedules and minor route alignments or stop closures due to construction and/or events . Also includes updates to service branding and fare media and collateral.

Moderate – Projects involving a year or longer of development and/or implementation where impacts to existing and future riders must be considered.

Examples include development and implementation of ne w/expanded services, development of Short Range Transit Plan s, Bus Stop Infrastructure Plan s, Marketing Plans, Transit Master Plans, and facility/storage construction projects, etc. Any project within this tier to be conducted by a third-party (i.e., cons ultant or contractor) will include public participation requirements and criteria as part of the RFP process.

Extensive – Projects involving multiple years of development and/or implementation where impacts to existing and future riders must be considered.

Examples include Comprehensive Operational Analyses, development and construction of transit center/facilities, transit system redesign (complete overhaul of existing system and operations), Item No.11B

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transition of administration of services, etc. Any project within this tier to be conducted by a third-party (i.e., consultant or contractor) will include public participation requir ements and criteria as part of the RFP process.

Outreach Requirements and Activities
The following activities are intended to serve as guidelines for each tier of outreach to ensure existing and future riders of TOT services are provided with equal access and opportunity to participate in public transit and transportation planning.

Baseline Tier – Minimum Outreach
• Notice for public events may include car cards, posters, email blasts, media releases to papers, and/or radio announcements as funding allows.
o Any notice for a public event will be posted at least one week prior to said event. • Notices may be posted at the City’s transit center , at City Hall/Civic Center, onboard service vehicles, at bus stops/shelters as deemed appropriate, and at key community locations with which TOT has a relationship.
• Whenever possible, information regarding public participation opportunities will also be posted on the City of Thousand Oaks and/or TOT website at least two weeks prior to a public event.
• Comments will be accepted via public outreach events and by email, mail, and phone to ensure that all populations have the opportunity to participate.

Moderate Tier – Minimum Outreach
• All applicable Baseline Tier elements are included within Moderate Tier projects. • Unique notices/fliers will be developed and posted a minimum of two weeks in advance for the following outreach activities (as deemed appropriate for each project):
o Focus group participation,
o Stakeholder discussions,
o Community surveying efforts, and
o Customer survey efforts.
• Where more than one workshop or meeting open to the public is planned, the workshops shall be scheduled throughout multiple day-parts (i.e., mornings, a fternoons, and evenings) as funding and resources allow maximizing opportunity for participation. • Public participation events shall be held in central locations within walking distance of fixed-routes stops whenever feasible.
• Materials may be developed spe cifically for public participation including FAQ sheets, presentation slides, newsletters, and media releases.

Extensive Tier – Minimum Outreach
• All applicable Moderate Tier elements are included within Extensive Tier projects. • TOT shall conduct expanded outreach to community stakeholders and business owners. • TOT shall investigate the establishment of a transit -oriented committee to guide the development and implementation of the project and public participation. • TOT shall expand regional entity participat ion, including but not limited to the Ventura County Transportation Commission (VCTC) , East County Transit Alliance (ECTA), Item No.11B

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Metrolink, Amtrak, Gold Coast Transit District, Simi Valley Transit, Moorpark Transit, County of Ventura, and the Los Angeles Depart ment of Transportation (LADOT), by seeking comments and participation in project meetings and planning activities.

Currently, Spanish and Chinese are the only quantifiable population s within TOT’s service area that reflect limited English proficiency under the Safe Harbor Provision . TOT will continue assessing the language needs of individuals in its service area through its Language Assistance Plan . Should another population with limited English proficiency reach or surpass population levels as defined by the FTA Title VI Circular 4702.1B (currently five percent of the total service area population or 1,000 persons, whichever is less), or be recommended for inclusion through a four-factor analysis, TOT will reassess this element of its Title VI program and the strategies presented below.

Outreach Methods for Engaging Minority and Limited English Proficient Populations

Baseline Tier – Minimum Minority Outreach
• Notices will be trilingual, or Spanish- and Chinese-language notices will be developed and posted alongside English notices.
• Spanish- and Chinese-language notices will be posted on all revenue vehicles and at bus shelters that have been identified as key destinations of Limited English Populations (LEP), if such information exists.
• Event information on the TOT website will be posted in English, Chinese, and Spanish. • TOT will distribute event information to community groups and agencies that work with LEP populations, if such contacts exist.
• As identified in its Language Assistance Plan, TOT’s operations contractor will contract with an interpretation service to provide language assistance for customers and callers that are non-English-speaking.
• Spanish interpretation or translation at any public meetings or workshop will be provided by qualified TOT, City , or MV Transportation staff as warranted, or a professional translator/interpreter if no qualified staff member is available. • Chinese interpretation or translation at any public meetings or workshop will be provided by a qualified City staff member or professional translator/interpreter as warranted.

Moderate Tier – Minimum Minority Outreach
• All applicable Baseline Tier elements are included within Moderate Tier projects. • TOT will continue cultivating relationships with community agencies that serve LEP populations.
• Public outreach events may include attending existing community meetings and gatherings, such as school meetings, farmers markets, faith -based events, and other community activities, in order to invite participation from LEP populations which are not likely to attend TOT-hosted public events.

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Extensive Tier – Minimum Minority Outreach
• All applicable Moderate Tier elements are included within Extensive Tier projects. • Translated notices will be sent to Spanish-language magazines, newspapers, and/or radio stations as they are identified.
• Translated notices will be sent t o Chinese-language publications and/or faith-based and community groups, organizations, and businesses as they are identified. • TOT will ensure that professional non-English-language interpretation will be available at any public meeting or workshop associated with a n Extensive Tier project as deemed appropriate and necessary.

Section 4A | Summary of Completed Outreach Efforts

There are two primary modes of outreach conducted with respect to the TOT program, recurring and as needed (ad hoc) . Recurring outreach efforts focus on the sustaining and developing long -term relationships built with local organizations and communities, while ad hoc outreach focuses on supporting and achieving near -term goals such as improving ridership, and promoting enhancements to service provision. All transit-related outreach was in Spanish and Chinese as well as English.

Recurring Outreach Efforts
• Senior centers – The City typically conducts r egular visits to all local senior centers to deliver supplies of service brochures and large -format posters/notices. These activities were put on hold during the COVID-19 pandemic. The senior center was closed for most of 2020 and 2021. All outreach conducted was related to COVID-19 or consisted of routine notifications/postings.
• Educational institutions – The City typically conducts, at a minimum, annual visits to educational institutions and delivers service brochures, promotional campaign notices, and promotional materials . These activities were put on hold during the COVID -19 pandemic. All outreach conducted was related to COVID -19 or consisted of routine notifications/postings.
• Unmet needs hearings – Annual hearings are facilitated by VCTC to identify “unmet transit needs” within the City of Thousand Oaks . Any identified “unmet transit need” deemed reasonable to meet within its service area are prioritized for implementation by TOT. The City participates in the Unmet Transit Needs process.
• Public communications – The City regularly communicates with the public through printed postings, media releases, social media, newspaper advertising, utility bill inserts, website updates and postings, appearances at televised public meetings, postings on the City’s television channel, and electronic newsletters and blogs . Many items are cross - posted with other City departments. The City typically distributes between 200 and 300 public communication items annually.
• Community event participation – TOT participation ranges from direct involvement in the event ( such as showcasing a TOT vehicle) and distributi on of promotional items and materials to assistance in promoting and coordinating events. TOT has participated in at least five community events in the past three years, including the Senior Wellness Fair (January 2021), Rotary Street Fair (October 2021), Senior Wellness Fair (January 2022), Item No.11B

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Arbor Earth Day (April 2022), and Rotary Street Fair (October 2022). (Note: Many community events did not take place in 2020 due to the COVID-19 pandemic.) • Info-post maintenance/updates – TOT undertakes an inspection and assessment of all bus stop info-post units and displayed information on a regular basis (at a minimum once per quarter).

Completed As-Needed Outreach Efforts
• All outreach activities have been limited since March 2020 due to the COVID -19 pandemic. Transit messaging continues to be posted via the TOT’s and the City’s Facebook accounts and other social media as well as other communications channels. • A total of 21 new ePaper signs were deployed in 2021 and 2022, in addition to nine Way Sine signs already installed and programmed by VCTC, with one more large sign due to be installed at the Oaks Mall. Special information is provided in three languages on the City- installed ePaper signs but route information (times and bus stop names) is English only.

Way Sines are English language only.
• TOT used the communications channels cited above to support its route realignment on August 3, 2020 for 30 days prior to the change. Routes were renamed with route numbers and descriptive names rather than the prior colors. Some stops were relocated while others were added.
• In July and August 2021, TOT conducted outreach in English, Spanish, and Chinese during a road construction project that would result in the closure of several bus stops. • In 2022, outreach was conducted to promote the half-price fares effective July 2022. • In August 2022, outreach was conducted to support new route times that were implemented on September 6, 2022.
• In December 2022, outreach was conducted to notify the public regarding the resumption of regular fares effective January 2023.
• In 20 22, the City collected data and information through intercept surveys of current fixed-route riders in the City of Thousand Oaks. The survey was conducted in English , Spanish, and Chinese. A total of 166 surveys was collected, and revealed that the majority of transit riders do not have access to a personal vehicle ( 81.3 percent) and use TOT services four or more days per week (65.6 percent). More than 40 percent of respondents (41.6 percent) indicated speaking Spanish at home. More than 70 percent (70.5 percent) indicated speaking English at home.

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Exhibit 4.1 Bus stop closure notice (2021)

Exhibit 4.2 Full price fares social media posting (2022)

Exhibit 4.3 Schedule change web banners (2022)

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Section 5 | Language Assistance Plan (LAP)

This Language Assistance Plan was developed concurrent with the Thousand Oaks Transit (TOT) Title VI Program to ensure TOT services are accessible to Limited English Proficient (LEP) individuals. Title VI of the 1964 Civil Right Act is one of two federal mandates that guarantee the provision of meaningful access to federally-funded services for LEP individuals:

• Title VI of the 1964 Civil Right Act prohibits federally-funded agencies from discriminating against individuals based on race, color, and national origin and includes meaningful access to LEP customers.
• President’s Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency” (August 11, 2000) , instructs federal agencies to improve access to services by mandating that any federally conducted or assisted programs of activities (e.g. recipients of federal funding) must provide meaningful access to LEP customers.

TOT’s initial Title VI Program was prepared in the spring of 2014 in accordance with FTA Circular 4702.1B, Title VI Requirements and Guidelines for Federal Transit Administration Recipients, October 1, 2012.

The TOT Title VI Program Administrator is:

Mike Houser, Transit Program Manager
City of Thousand Oaks
2100 E. Thousand Oaks Blvd.

Thousand Oaks, CA 91362
(805) 449-2400
Email: [email protected]

Additional information regarding the TOT Title VI Program is available at www.totransit.org.

TOT Service Area and Services
The City of Thousand Oaks is located in California’s Ventura County. It is an area primarily suburban in character, offering a mixture of commercial, industrial, residential and recreational space in an exceptional location in southern California. Located forty miles north of Los Angeles, the city is accessible primarily through State Highways 101 (east/west) and 23 (north/south)

Monday through Saturday , TOT provides five local fixed routes ( Route 40/ Newbury Park , Route 41/Midtown A , Route 42/ Midtown B , Route 43/ TOB Express, and Route 44/ Crosstown). Fixed-route service is available between 5:00 a.m. and 7:00 p.m. Monday through Friday, and between 7:00 a.m. and 8:00 p.m. Saturday.

Demand-response (Dial-A-Ride) service is available to seniors age 65 and older and for those who possess an Americans with Disabilities (ADA) card seven days a week. Weekday service is available between 5:00 a.m. and 8:00 p.m. Service on weekends (Saturday and Sunday) is available from 7:00 a.m. to 8:00 p.m.

The City also acts as the fiscal agent of the East County Transit Alliance, which provides intercity Dial -A- Item No.11B

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Ride service between Thousand Oaks, Moorpark, Simi Valley, and eastern Ventura County for seniors and persons with disabilities from 6:00 a.m. to 6:00 p.m. Monday through Friday and from 8:00 a.m. to 6:00 p.m. on Saturday . The introduction of ECTA Sunday service (during the same hours as Saturday) has received grant funding and is expected to be introduced in FY 2023/24.

The City’s transit fleet currently consists of 19 fixed-route vehicles (primarily CNG -powered) and 24 primarily gasoline-powered Dial-A-Ride vehicles.

Exhibit 5.1 TOT Fleet List
Vehicle
# Year Make Seating
Capacity
Wheelchair
Capacity Fuel Mode Service
38 2008 Orion VII Bus 34 2 CNG Fixed-route TOT
39 2008 Orion VII Bus 34 2 CNG Fixed-route TOT
54 2015 Gillig Bus 23 2 CNG Fixed-route TOT
55 2015 Gillig Bus 23 2 CNG Fixed-route TOT
463 2014 Ford E450 Cutaway 16 2 CNG Fixed-route TOT
464 2014 Ford E450 Cutaway 16 2 CNG Fixed-route TOT
77 2018 Ford E550 Cutaway 28 2 Diesel Fixed-route TOT
78 2019 Gillig Bus 23 2 CNG Fixed-route TOT
79 2019 Gillig Bus 23 2 CNG Fixed-route TOT
80 2019 Gillig Bus 27 2 CNG Fixed-route TOT
81 2019 Gillig Bus 27 2 CNG Fixed-route TOT
83 2017 Hometown Trolley 30 2 Propane Fixed-route TOT
85 2021 Lightning 16 2 EV Fixed-route TOT
86 2021 Lightning 16 2 EV Fixed-route TOT
60 2010 El Dorado Bus 23 3 CNG Fixed-route MCT
61 2010 El Dorado Bus 23 3 CNG Fixed-route MCT
62 2010 El Dorado Bus 23 3 CNG Fixed-route MCT
63 2015 El Dorado Bus 23 3 CNG Fixed-route MCT
64 2015 El Dorado Bus 23 3 CNG Fixed-route MCT
604 2019 Ford E450 Cutaway 30 2 CNG Fixed-route Kanan Shuttle 605 2019 Ford E450 Cutaway 30 2 CNG Fixed-route Kanan Shuttle 606 2019 Ford E450 Cutaway 30 2 CNG Fixed-route Kanan Shuttle 114 2018 Ford Transit 8 5 Gasoline Dial-A-Ride TOT
115 2018 Ford Transit 8 5 Gasoline Dial-A-Ride TOT
116 2019 Dodge Caravan 3 1 Gasoline Dial-A-Ride TOT
117 2019 Dodge Caravan 3 1 Gasoline Dial-A-Ride TOT
118 2019 Dodge Caravan 3 1 Gasoline Dial-A-Ride TOT
119 2019 Dodge Caravan 3 1 Gasoline Dial-A-Ride TOT
120 2019 Dodge Caravan 3 1 Gasoline Dial-A-Ride TOT
123 2019 Dodge Caravan 3 1 Gasoline Dial-A-Ride TOT
124 2019 Dodge Caravan 3 1 Gasoline Dial-A-Ride TOT
125 2019 Dodge Caravan 3 1 Gasoline Dial-A-Ride TOT
19 2019 Ford Transit 8 3 CNG Dial-A-Ride TOT
20 2019 Ford Transit 8 3 CNG Dial-A-Ride TOT
21 2019 Ford Transit 8 3 CNG Dial-A-Ride TOT
22 2019 Ford Transit 8 3 CNG Dial-A-Ride TOT
23 2019 Ford Transit 8 3 CNG Dial-A-Ride TOT
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Vehicle
# Year Make Seating
Capacity
Wheelchair
Capacity Fuel Mode Service
24 2019 Ford Transit 8 3 CNG Dial-A-Ride TOT
303 2013 Dodge Caravan 3 1 Gasoline Dial-A-Ride Agoura Hills 304 2014 Dodge Caravan 6 0 Gasoline Dial-A-Ride Agoura Hills 308 2019 Ford Transit 8 2 Gasoline Dial-A-Ride Agoura Hills 706 2018 Starcraft Cutaway 8 3 Gasoline Dial-A-Ride ECTA 707 2018 Starcraft Cutaway 8 3 Gasoline Dial-A-Ride ECTA 708 2018 Starcraft Cutaway 8 3 Gasoline Dial-A-Ride ECTA 709 2018 Starcraft Cutaway 8 3 Gasoline Dial-A-Ride ECTA 710 2019 Starcraft Cutaway 8 3 Gasoline Dial-A-Ride ECTA 503 2015 Starcraft Cutaway 8 3 Gasoline Unassigned Reserve 704 2015 Starcraft Cutaway 8 3 Gasoline Unassigned Reserve

TOT operates out of the City of Thousand Oaks Transportation Center located at 265 S. Rancho Road, Thousand Oaks, CA 91361. Maintenance facilities and vehicle storage are located at the City’s Municipal Service Center at 1993 Rancho Conejo Blvd., Newbury Park, CA 91320. Administrative staff is located at Thousand Oaks City Hall, 2100 E. Thousand Oaks Blvd., Thousand Oaks, CA 91362.

Language Assistance Goals
One of the overarching goals of TOT’s Title VI Program is to provide meaningful access for LEP customers to TOT services, information, and materials through the creation of a Language Assistance Plan and by periodic evaluation of the associated outreach methods and strategies.

Service Area Demographics
The service area demographic analysis describes Title VI -protected populations residing within TOT’s service area, including their approximate size and geographic distribution. Title VI-protected populations within the TOT service area include racial minorities and LEP persons. Specific groups considered include:

1. Latino Residents

2. LEP Populations
• Spanish-speaking individuals
• Chinese-speaking individuals

The American Community Survey includes demographic and socio -economic date at various levels on multiple topics. For the purposes of this Title VI program, our assessment utilized the population estimates provided in the City of Thousand Oaks geographic boundaries. Totals may not equal the sum of the individual races/ethnicities due to margins of error.

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Exhibit 5.2 Racial Breakdown of Total Population of Service Area Race or Ethnicity City of Thousand Oaks
Estimate Percent
White alone 96,209 75.6%
Black or African American alone 2,175 1.7%
American Indian and Alaska Native alone 637 0.5%
Asian alone 12,482 9.8%
Native Hawaiian and Other Pacific Islander alone 125 0.1% Some other race alone 3,583 2.8%
Two or more races: 12,063 9.5%
Two races including Some other race 6,306 5.0%
Two races excluding Some other race, and three or more races 5,757 4.5% Total: 127,274 100.0%
Hispanic or Latino (of any race) 24,712 19.4%
Source: American Community Survey 2021 (5-Year Estimate).

Note: Data for “Hispanic or Latino” is detailed separately from the total since it represents an ethnicity, not a race.

While the percentage of Hispanic/Latino is shown as a portion of the total population, all individuals identifying as Hispanic or Latino were also included within one of the race categories (White, Black, Asian, etc.).

While American Community Survey five -year estimates for the period 201 7-2021 are available for most demographic data, they are not available for specific language data regarding Language Spoken at Home and English Proficiency. According to the 2016 ACS data presented in Exhibit 5.3 ( the most current available for these categories ), 75.9 percent of TOT service area residents spoke only English at home, while approximately 24.1 percent spoke another language. A total of 8.9 percent of Thousand Oaks residents speak English “less than very well,” with Spanish (6,556 persons/5.4 percent) and Chinese (1,554 persons/1.3 percent) being the most frequently cited languages. All vital TOT documents should therefore have the relevant information available in Spanish and Chinese. Other languages with populations speaking English “less than very well” are presented in the table below. TOT will monitor the Persian - speaking population i n the coming years to ensure accessibility to key transit documents is provided, should the Title VI threshold be reached or a demand for translated documents be demonstrated.

Exhibit 5.3 Languages Spoken at Home/English Proficiency (2016)

Source: American Community Survey 2012-2016 (5-Year Estimate).

Population Percent of Total
Total Speak Only English 93,652 76.4%
Total Speak Language Other than English 29,243 23.9%
Total Speak English "very well" 19,093 15.7%
Total Speak English less than "very well" 10,862 8.9%
Speak English less than "very well" - Detail
Spanish 6,556 5.4%
Chinese 1,554 1.3%
Persian 463 0.4%
Korean 293 0.2%
Tagalog 185 0.2%
Vietnamese 203 0.2%
All Other Languages 1,608 1.3%
City of Thousand Oaks
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More current ACS data (2021) does provide a look at English proficiency by language groups. Both Spanish and Chinese are detailed separately from the language groups, though many other langua ges are only represented as part of a language group. However, none of these language groups comes close to the Safe Harbor threshold described below, and consequently no single language contained within those groups meets that criteria either.

Exhibit 5.4 Languages Spoken at Home/English Proficiency (2021)

Number of
Individuals
Percent of Total
Population
Speak only English 92,904 76.9%
Speak Spanish less than "very well" 5,391 4.5%
Speak Chinese (including Mandarin and Cantonese) less than "very well" 1,443 1.2% Speak other Indo-European languages less than "very well" 694 0.6% Speak other Asian and Pacific Island languages less than "very well" 640 0.5% Speak Korean less than "very well" 280 0.2%
Speak all other languages less than "very well" 669 0.6%

The Safe Harbor Provision of Title VI requires that translation of vital documents into languages when either five percent of the population or 1,000 residents (whichever is less) speaks English “less than very well.” While this threshold does not automatically trigger the Safe Harbor Provision, it does tr igger evaluation of that language via a four-factor analysis.

Language Service Provision

Interpretation Services

1. The Thousand Oaks Transit operations contractor contracts with a telephonic interpretation service (Telelanguage) to provide real-time interpretation for callers, and for customers in service centers with whom staff cannot communicate.

2. Simultaneous interpretation at public events will be determined on a case -by-case basis by examining several factors, such as:
• The type and size of event,
• The availability of a TOT staff member to interpret,
• The availability of a staff member of a host organization to interpret, or • A request by a member of the public for an interpreter.

For small outreach events, such as Baseline Tier activities, proactive outreach, or smaller transit awareness events, qualified bilingual staff members will assist with translation where appropriate and feasible , or professional interpreters may be retaine d if no staff member is available . For Moderate and High Tier public outreach events, where it is appropriate and necessary to do so, TOT will arrange for a professional interpreter.

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Translation of Vital Documents
Based on the results of the Four Factor Analysis, the following vital documents and relevant information will be made available in Spanish and Chinese, the identified LEP languages within the TOT service area.

Vital Documents – already available

1. Title VI Program
• Title VI Notice to the Public (Spanish and Chinese)
• Complaint form (Spanish and Chinese)
• Complaint procedures (Spanish and Chinese)

2. TOT Rider Information
• Fixed-route service brochure (Spanish and Chinese)
• Dial-A-Ride service brochure (Spanish and Chinese)
• ADA service brochure (Spanish and Chinese)
• TOT system map and schedule (Spanish and Chinese)
• Online service information (Spanish and Chinese)

Vital Documents – Mid-term

1. Signage advertising a TOT language assistance program, particularly the phone number wherein callers can be assisted by staff using Telelanguage.

2. Kanan Shuttle service brochure (Spanish and Chinese)

3. ECTA service brochure (Chinese)

Additional considerations

1. All translated vital documents will be posted on the TOT website.

2. TOT will ensure all translations are done professionally prior to being made available to the public.

If possible, all translated materials should be reviewed by a native spea ker familiar with transportation-related terminology to ensure the translation accurately reflects idiomatic language as well as language conventions of the local population.

TOT shall translate and produce future written documents on a case -by-case basis, after assessing all elements presented in the Four -Factor Analysis. If deemed a vital document under the Safe Harbor Provision, the relevant information will be translated into all applicable languages.

Monitoring, Evaluating, and Updating the LAP
A thorough review of this Language Assistance Plan will be undertaken every three years concurrent with updating and submitting the TOT Title VI Program. At that time, the LEP population will be reassessed, to ensure all significant LEP languages are included in TOT language assistance efforts . The following reoccurring reporting and evaluation measures will be used to update the Language Assistance Plan.

TOT will regularly assess the effectiveness of how it communicates with LEP individuals by:

• Including questions about language assistance and information needs on any community surveys; • Conversations with stakeholders, organizations, and entities which work with LEPs; and • As-needed outreach with LEP groups.

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TOT will monitor its language assistance efforts, including:

• Recording and reporting on customer service interactions with LEP individuals, • Reviewing any applicable interpretation service reports, • Incorporating discussion of Title VI into regular operations meetings, and • Updating the Language Assistance Plan based on public feedback.

Staff Training
MV Transportation currently provides training specific to interacting with LEP individuals as part of its ongoing Stand Down training program. Under this program, training related to LEP individuals is provided every two to three months. Additional training is provided on an individual, as-needed basis.

Thousand Oaks English Learner (EL) Data
In order to better identify the LEP populations within the TOT service area, and to begin monitoring/tracking changes in those groups, TOT reviewed English Learner statistics for students within the city of Thousand Oaks . Public schools within the California Department of Education (CDE) must identify and quantify those students who are English Learners – students whose native tongue is a language other than English – as well as which language is their mother tongue. This data is available online via CDE’s DataQuest website, dq.cde.ca.gov/dataquest/.

TOT accessed the available E nglish Learner data for the 2021/2022 school year to complete its comprehensive assessment of the communities it provides service to, including what LEP populations exists and where these groups may be concentrated. Periodic review of this data will enable TOT to monitor which non-English languages (other than Spanish) are growing in order to provide appropriate language assistance services.

Consistent with data from the 2016 and 2021 American Community Survey s detailed above, the vast majority of English Learner students in the Thousand Oaks Transit service area speak Spanish. The next largest non -English speaking group cited is Mandarin (Putonghua). It is unlikely that an additional language will trigger the Safe Harbor Provision prior to the next required updating of the City’s Title VI Plan, though TOT will continue to periodically monitor EL populations so as to ensure compliance with Title VI regu lations. Detailed counts and relative percentages for the Conejo Valley School District are presented in Exhibit 5.5.

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Exhibit 5.5 School English Learner (EL) Population (2021-22)

Language Name Kindergarten Grade 1 Grade 2 Grade 3 Grade 4 Grade 5 Grade 6 Grade 7 Grade 8 Grade 9 Grade 10 Grade 11 Grade 12 Ungraded Total Percent of Total Spanish 192 150 158 169 158 155 136 148 138 122 85 60 63 0 1734 84.46% Mandarin (Putonghua) 6 8 11 2 5 1 0 0 3 2 1 1 2 0 42 2.05% Other non-English languages 11 3 3 2 3 2 1 1 1 0 2 0 2 0 31 1.51% Russian 3 7 1 2 2 0 0 2 1 1 0 1 1 0 21 1.02%
Farsi (Persian) 2 4 2 3 3 1 1 0 0 0 0 3 0 0 19 0.93%
Hindi 5 3 1 5 1 2 1 0 0 0 0 0 0 0 18 0.88%
Tamil 3 1 4 3 2 1 1 1 0 0 0 0 0 0 16 0.78%
Korean 3 2 1 3 0 2 0 0 1 2 1 0 0 0 15 0.73%
Telugu 2 3 2 5 0 0 0 0 0 1 0 0 0 0 13 0.63%
Filipino (Pilipino or Tagalog) 1 1 1 1 0 1 2 1 2 1 1 0 1 0 13 0.63% German 2 1 1 2 1 1 1 0 0 1 0 1 0 0 11 0.54%
Japanese 0 1 1 2 1 1 0 2 0 0 2 1 0 0 11 0.54%
Vietnamese 1 3 2 1 0 2 0 2 0 0 0 0 0 0 11 0.54%
Arabic 2 1 3 0 3 0 0 1 0 0 0 0 0 0 10 0.49%
Urdu 2 1 2 0 0 1 0 1 0 1 0 1 1 0 10 0.49%
Turkish 1 0 1 0 2 0 1 1 0 2 0 1 0 0 9 0.44%
Portuguese 2 1 1 0 1 0 1 0 0 1 1 0 0 0 8 0.39%
French 0 2 1 0 4 0 0 0 0 0 0 0 1 0 8 0.39%
Armenian 2 0 2 3 0 0 0 0 0 0 0 0 0 0 7 0.34%
Dutch 0 1 1 2 1 2 0 0 0 0 0 0 0 0 7 0.34%
Pashto 0 0 0 0 0 2 0 0 0 2 0 1 0 0 5 0.24%
Marathi 1 2 1 0 0 0 0 0 0 0 0 0 0 0 4 0.19%
Cantonese 1 0 1 1 0 0 0 0 1 0 0 0 0 0 4 0.19%
Bengali 1 1 0 1 0 0 0 0 0 0 0 0 0 0 3 0.15%
Burmese 2 0 0 1 0 0 0 0 0 0 0 0 0 0 3 0.15%
Cebuano (Visayan) 1 0 0 0 1 0 0 0 0 0 0 0 0 0 2 0.10%
Italian 0 0 0 0 0 1 0 1 0 0 0 0 0 0 2 0.10%
Gujarati 0 0 1 1 0 0 0 0 0 0 0 0 0 0 2 0.10%
Hebrew 0 0 0 0 0 1 0 0 1 0 0 0 0 0 2 0.10%
Polish 1 0 0 0 1 0 0 0 0 0 0 0 0 0 2 0.10%
Punjabi 0 0 0 1 0 0 0 0 0 0 0 0 1 0 2 0.10%
Thai 0 0 1 0 1 0 0 0 0 0 0 0 0 0 2 0.10%
Uzbek 0 0 0 1 0 0 0 0 0 0 0 0 0 0 1 0.05%
Samoan 0 1 0 0 0 0 0 0 0 0 0 0 0 0 1 0.05%
Rumanian 0 0 0 0 0 1 0 0 0 0 0 0 0 0 1 0.05%
Kurdish (Kurdi, Kurmanji) 0 0 0 0 0 0 0 1 0 0 0 0 0 0 1 0.05% Indonesian 0 0 0 0 0 1 0 0 0 0 0 0 0 0 1 0.05%
Khmer (Cambodian) 0 0 1 0 0 0 0 0 0 0 0 0 0 0 1 0.05%
Total 247 197 204 211 190 178 145 162 148 136 93 70 72 0 2053 100.00% Item No.11B

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Section 5A | Four-Factor Analysis

The U. S. Department of Transportation (USDOT) requires public transit funding recipients to take reasonable steps to ensure meaningful access to programs by limited English proficient (LEP) persons. As a recipient, Thousand Oaks Transit must perform a Four -Factor Analysis to assess language needs and determine what steps it will take to ensure LEP persons can effectively access and utilize TOT services.

Estimating the number or proportion of LEP individuals that may be encountered by TOT will help identify the populations covered by the USDOT’s Safe Harbor Provision . This provision stipulates that if an LEP group speaking a given non-English language constitutes five percent or 1,000 persons, whichever is less, of the total population of persons likely to be encountered by transit services, the service provider may be required to make the following materials and services available to speakers of that language:

• Documents critical for accessing recipient’s services or benefits, • Letters requiring response from customer,
• Informing customers of free language assistance,
• Complaint forms, and
• Notification of rights.

The size of the population alone does not automatically trigger the Safe Harbor Provision. All four factors must be considered in determining whether a specific language should be included in an operator’s Language Access Plan. The four factors analyzed are discussed below.

Factor 1: The number or proportion of Limited English Proficiency (LEP) persons eligible to be served or likely to be encountered by TOT services.

As discussed in the Service Area Demographics section, the two largest LEP populations in the TOT service area are Spanish -speakers and Chinese -speakers. As of the 2012-2016 American Community Survey , there were 6,556 Spanish speakers, comprising 5.4 percent of the service area population, who reported speaking English “less than very well.” An estimated 1,554 Chinese speakers, comprising 1.3 percent of the service area population, reported speaking English “less than very well.” This is consistent with 2017- 2021 ACS data, which identified 4.5 percent of the service area population as Spanish-speakers (5,391 individuals) who speak English less than “very well” and 1.2 percent of the service area population (1,443 individuals) as Chinese-speakers who speak English less than “very well.” Both populations have decreased over the past five years.

Factor 2: The frequency with which LEP persons come into contact with TOT’s transit services.

In order to estimate how often LEP populations come into contact with TOT services, we relied on staff and driver feedback. As drivers and customer service staff are typically on the “front lines” and most frequently come into contact with transit patrons, their observations and insights provide an informative picture of how many LEP persons use TOT. Due to ridership fluctuations in recent years year, staff were asked to describe their interactions in a typical week prior to the COVID-19 pandemic.

Ten staff members completed surveys. Half indicated encountering fewer than five LEP individuals, while 20 percent indicated encountering more than five. (Three individuals did not provide a response, as they did not work prior to the pandemic). In all cases, Spanish was the most commonly encountered language, Item No.11B

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reported by all staff, followed by Chinese and Hindi (20 percent of responses each). Most staff indicated no issues or problems with communication ( 50 percent) or only occasional problems ( 50 percent). Twenty percent of respondents indicated speaking Spanish.

Factor 3: The nature and importance of TOT’s transit services to affected LEP populations.

The Spanish-speaking LEP population within the TOT service area is more likely to be transit -dependent than other populations. This is through a combination of factors including language barriers, income, and lack of transportation choices. Therefore, TOT service is deemed to be of significant importance to the Spanish-speaking LEP population with respect to mobility and accessibility. It remains crucial that TOT maintain its rigorous standards for accessibility of not only the services offered, but the rela ted service information and notices regarding changes to same. Overall, discussions with City of Thousand Oaks, TOT staff, and the general public indicate that while there may be multiple non -English speaking populations throughout the service area, Spanish speakers are most likely to depend on TOT and face language-related barriers to using the City’s public transit services. In terms of outreach, it is important the City continue its efforts to address language -related barriers faced by the local LEP po pulations, such as ensuring key written materials such as rider information are translated into Spanish, and that bilingual staff members are available as needed.

While the non-English-speaking Chinese population is not nearly as large as the LEP Spanish population, staff does encounter Chinese-speaking customers. In the 2022 onboard survey, only two respondents (2.2 percent) reported speaking Chinese at home, though three respondents took the survey in Chinese. The staff survey completed as part of this Title VI Program update indicated very few interactions with individuals speaking Chinese. In addition, no requests for language assistance have been received across the past three years.

To assist with assessment of Factor 3, a stakeholder survey was distributed to 77 organizations throughout and serving Thousand Oaks. Input from stakeholders most likely to provide services to LEP individuals was sought to identify issues not apparent through other means. Six responses were received:

• Area Housing Authority,
• Conejo Free Clinic,
• Goebel Adult Community Center,
• Ventura County Medical Center,
• Westlake High School, and
• Southeast Ventura County YMCA.

All respondents indicated Spanish as the pr imary non-English language used in their organization. Three indicated Chinese as a language spoken by members of the organization. Only one said its members/clients used Thousand Oaks Transit, while four said they did not know. Four said they did not have frequent communication issues due to language barriers , and two said they experienced such barriers often. None were aware of any barriers to using Thousand Oaks Transit due to language.

Factor 4: The resources available to the recipient for LEP outreach, as well as the costs associated with that outreach.

As the section covering demographics demonstrates, the Spanish -speaking LEP population is sufficiently large that the City must take measures to minimize language barriers faced by these groups. To address Item No.11B

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these barriers and fulfill the LEP requirements required under the Safe Harbor Provision, the City provides staff, written materials, and online and phone services in Spanish. The City also includes service information translated into in Chinese on its website . Many of the associated costs with LEP -specific outreach are not anticipated to result in significant additional costs to the City or TOT.

Bilingual Staff
TOT’s operation service contractor employs Spanish-speaking staff that assists customers utilizing TOT services. The contractor currently employs two customer service representatives, one dispatcher, three road supervisors, one manager, and 14 drivers who speak Spanish . As part of their customer service responsibilities, each of these employees utilizes his/her language skills to assist Spanish -speaking LEP persons whenever possible. In addition, the following language is included in TOT operations contract language:

The Service Provider shall make every effor t to recruit bilingual (English/Spanish) personnel for drivers, dispatchers, and customer service agent positions including the use of pay differentials for bilingual staff. At least one management staff member shall be proficient in both written and spoken E nglish and Spanish and English/ Spanish bilingual personnel shall be available during all operating hours at the Transportation Center to receive telephone calls from the public and to provide translation services for transportation system personnel and passengers.

Staff employed as customer service agents, dispatchers, fixed-route and DAR/ADA drivers shall be English language proficient with appropriate language skills and vocabulary to be able to effectively communicate detailed information in English to riders on routes, fares, operational rules and be able to clearly articulate stop calls, communicate during emergency situations and communicate with other personnel over the radio in English in order to effectively disseminate critical information.

Contractor staff also includes two drivers that speak Chinese and three drivers that speak other languages.

The City of Thousand Oaks employs 19 non-transit individuals who receive bilingual differential pay for their language skills: one Chinese and 18 Spanish.

Cost: No additional cost anticipated.

Translation of Written Materials
Supplementing the City’s and MV Transportation’s bilingual (Spanish) personnel will be translations of all essential rider information and service notice documents. Such documents could include the TOT service brochure information, notices related to service changes or updates, as well as onboard notices informing riders of their rights under Title VI. In addition, all Safe Harbor Provision materials and information have been or will be translated into Spanish.

The City provides service information in Chinese on its website, including the Title VI complaint form and complaint procedure.

Cost: Future translation costs for written documents estimated at between $0.05 and $0.10 per word.

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Phone Services
As a part of this program, the operations contractor (MV Transportation) utilizes the services of a real- time telephonic translation provider (Telelanguage) in its call center.

Cost: No additional cost anticipated.

Web Services in Spanish and Chinese
The Thousand Oaks Transit website currently includes information in Spanish and Chinese. Additional costs would only be incurred when changes are made to the website content.

Cost: No additional cost anticipated. Future translation costs for written website text estimated at between $0.05 and $0.10 per word.

Event Interpretation in Spanish and Chinese
Upon request, the City of Thousand Oaks will schedule and arrange for live interpretation at all vital events/workshops/meetings. The City uses All Languages Interpreting and Translating for its interpretation needs.

Cost: Variable, will be based primaril y on hourly rate and the number of events w here interpretation is requested. All California labor laws will be adhered to.

Four-Factor Analysis Findings
Considering the significant population of persons speaking Spanish who speak English less than “very well,” combined with this population’s propensity to use transit in Thousand Oaks, the City should provide vital documents (including those listed above) in Spanish per the Safe Harbor Provision.

While the population of Chinese speakers who speak Engli sh less than “very well” is relatively small (though above the Safe Harbor threshold of 1,000), there have been historical communication challenges with Chinese-speaking customers. Therefore, the City should also provide all vital documents in Chinese under the Safe Harbor Provision.

The following specific documents used by the City of Thousand Oaks should be available in English, Spanish, and Chinese, with the documents either posted to the website or directions on how to obtain the documents posted to the website.

1. Title VI notice to the public (also posted onboard all Thousand Oaks Transit vehicles and in other locations identified in Section 1 of this document).

2. Title VI complaint procedures/process.

3. Title VI complaint form.

4. Fixed-route and Dial-A-Ride service information.

5. Public notices of meetings, hearings, and service changes.

The ADA application process for all of Ventura County is a function of the Ventura County Transportation Commission (VCTC), through its contractor Mobility Managem ent Partners. The application form is currently available in English and Spanish. While the City is not responsible for providing this application in alternate languages, it will work with VCTC to make the form available in Chinese as well.

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Implementation Plan
The matrix below presents an implementation Plan for ensuring the Language Assistance Plan is effectively and efficiently implemented.

Exhibit 5.6 Implementation Plan
Goal Task Date
Assess LEP population
in the TOT service
area
Demographic analysis Completed FY 2023
TOT staff survey Completed FY 2023
Community survey Completed FY 2023
Onboard survey Completed FY 2023
Title VI Four-Factor Analysis Completed FY 2023
Develop Language
Assistance Procedures
Develop Title VI customer service procedures for
Title VI complaints and concerns FY 2024
Develop TOT policy regarding competency of Title
VI translations and interpreters FY 2024
Staff training
Identify TOT staff with likely contact with LEP
individuals FY 2023
Train TOT staff in Title VI Customer Service
Procedures Ongoing
Develop refresher training schedule for employees Ongoing Notification to LEP
persons of Title VI
rights and materials
Inventory existing notification methods and/or
locations Completed FY 2023
Post Title VI notices in English, Spanish, and Chinese
in public locations Completed FY 2023
Ensure vital documents are professionally
translated into Spanish and Chinese Completed FY 2023
Translate additional printed service information
into Spanish and Chinese FY 2024
Develop, translate, and post notice of Language
Assistance Options FY 2024
Undertake targeted outreach to LEP populations Ongoing
Monitor and update
Language Assistance
Plan
Develop process for obtaining feedback on
language assistance measures and monitor FY 2026; ongoing Regularly review ACS and Census demographic data FY 2026 Receive and review feedback from interpretation
providers FY 2026; ongoing
Incorporate discussion of Title VI into regular
meetings with operations contractor FY 2026; ongoing
Update Language Assistance Plan based on
feedback received FY 2026

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Section 6 | Summary of Non-Elected Committee Membership

City of Thousand Oaks has established two non-elected committee s, the Traffic and Transportation Advisory Commission and the Disabled Access Appeals and Advisory Board , to provide public input into the City’s transit programs.

The Traffic and Transportation Advisory Commission is made up of five members serving four-year terms.

Members are appointed by City Council members and terms are concurrent with the terms of the appointing Councilmember.

The Disabled Access Appeals and Advisory Board is made up of five members serving two-year staggered terms. The composition of this Board is two members with disabilities, two members with experience in construction, and one public member. All members must be residents of Thousand Oaks. This committee is not currently active.

At present, the City does not track the ethnic composition of its Traffic & Transportation Advisory Committee. A summary of the ethnic breakdown of the Th ousand Oaks Transit service area is shown in Exhibit 6.1.

Exhibit 6.1 Non-Elected Committee Membership
Race/Ethnicity TOT Service Area
Population
Traffic & Transportation
Advisory Commission
Caucasian 75.6% Not tracked
Latino 19.4% Not tracked
African American 1.7% Not tracked
Asian American 9.8% Not tracked
Native Hawaiian/Pacific Islander 0.1% Not tracked
Native American/Alaska Native 0.5% Not tracked

Given this is a City committee, not specific to transit, the TOT Title VI Program Administrator has no authority to affect the advertising of open positions or appointments. However, the TOT Title VI Program Administrator will work with the City Clerk to the extent possible to monitor the composition of the committee and broaden representation within it. Under the authority of the City Clerk, efforts to ensure adequate representation of the community’s demographic profile could include:

• Advertising the availability of positions through public hearings (i.e., council meetings, public hearings, etc.).
• Providing necessary documents in other languages (as applicable) to facilitate participation by non-English speakers.

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Section 7 | Subrecipient Monitorin g and Schedule of
Subrecipient Title VI Program Submissions

As a recipient of FTA 5307 funding, the City of Thousand Oaks is required to monitor compliance with its Title VI Program by its subrecipient (operations contractor).

As part of its contract, or as an amendment thereto, the operations contractor should formally adopt the City’s Title VI program and commit to upholding the policies and procedures contained therein. The City will monitor the subrecipient’s compliance with the Title VI Program through an annual review of employee training schedules and customer complaint logs as well as periodic visual inspection of vehicles and facilities to ensure notices are posted as required by the Program.

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Section 8 | Title VI Equity Analysis

Title VI regulations require the completion of an Equity Analysis whenever a recipient or subrecipient begins planning the location and construction of a new transit facility (not including bus shelters, transit stations, power substations, or other facilities already evaluated through NEPA).

TOT has not undertaken any construction projects for facilities at a new location within the past several years. Therefore, no Equity Analysis is required at this time.

If in the future TOT begins planning for the development and construction of a new transit facility, the City of Thousand Oaks will conduct an equity analysis prior to the selection of a construction site inclusive of the Title VI requirements below:

a. The City of Thousand Oaks shall complete a Title VI equity analysis during the planning stage with regard to where a project is located or sited to ensure the location is selected without regard to race, color, or national origin. The City of Thousand Oaks shall engage in o utreach to persons potentially impacted by the siting of facilities. The Title VI equity analysis shall compare the equity impacts of various siting alternatives, and the analysis shall occur before the selection of the preferred site.
b. When evaluating locations of facilities, the City shall give attention to other facilities with similar impacts in the area to determine if any cumulative adverse impacts might result. Analysis shall be done at the Census tract or block group where appropriate to ensure that proper perspective is given to localized impacts.
c. If The City of Thousand Oaks determines that the location of the project will result in a disparate impact on the basis of race, color, or national origin, the City may only locate the project in th at location if there is a substantial legitimate justification for locating the project there, and where there are no alternative locations that would have a less disparate impact on the basis of race, color, or national origin. The City of Thousand Oaks shall show how both tests are met; it is important to understand that in order to make this showing, the City must consider and analyze alternatives to determine whether those alternatives would have less of a disparate impact on the basis of race, color, or national origin, and then implement the least discriminatory alternative.

The equity analysis shall be completed and submitted as part of TOT’s next Title VI Program update.

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Section 9 | City Council Adoption of TOT Title VI Program

Exhibit 9.1 City of Thousand Oaks Adopting Resolution
[Pending]

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Appendix | Fixed-route Transit Provider Title VI Requirements Recipients of Federal transit funding which operate less than 50 fixed-route vehicles during peak revenue service and are not located in an Urbanized Area (UZA) with a population of 200,000 or more are required to provide additional information with respec t to service standards and service policy to ensure Title VI compliance. While it became necessary to modify some of these service standards during the COVID -19 pandemic, the standards presented below represent TOT’s normal operating conditions.

Effective Practices to Fulfill Service Standard Requirement Service Standards are divid ed into four primary categories: Vehicle Load Standards, Vehicle Headway Standards, On -time Performance Standards, and Service Availability Standards. TOT ensures Title VI compliance by adhering to the following:

Vehicle Load Standards
TOT calculates vehicle load as the total number of ambulatory passenger seats available on a revenue vehicle divided by number of passengers.

The average passenger load for TOT services during all operating periods (peak and off-peak) should not exceed the following load factors (by service mode):
• Fixed-route: Vehicle Load not to exceed 1.0 passengers per available seat. • Demand-response (Dial-A-Ride): Vehicle Load not to exceed 1.0 passengers per available seat.

Vehicle Headway Standards
Vehicle headways are defined as the total amount of time between revenue vehicles on a fixed -route traveling in the same direction. This standard is further refined by type of service, by day -part, and by peak/off-peak service. Overall, vehicle headways should not exceed 75 minutes during regular operating conditions.

TOT offers a total of five fixed-routes which operate throughout the service area. • Route 40 (Newbury Park)
o Travels on 60-minute headways throughout the service day. o Service to Dos Vientos Community Center is not provided every trip and headways range from 60 minutes to three hours.
• Route 41 (Midtown A)
o Travels on 60-minute headways throughout the service day. • Route 42 (Midtown B)
o Travels on 60-minute headways throughout the service day. • Route 43 (TOB Express)
o Travels on 60-minute headways throughout the service day.

Item No.11B

2023 Title VI Program
Thousand Oaks Transit
April 2023
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• Route 44 (Crosstown)
o Travels on 50- to 70-minute headways throughout the service day. o Service east of Rancho Rd on Thousand Oaks Blvd and Westlake Blvd i s not provided every trip and features two-hour headways.

On-time Performance Standards
In accordance with achieving the adopted transit program objective of “[providing] reliable service” TOT fixed-route on-time performance is defined as follows:
• On-time: Departing a published time -point between one minute be fore and five minutes after the published departure time.
• Early: Departing a published time-point more than one minute before the published time.
• Late: Departing a published time -point six or more minutes later than the scheduled time.

Fixed-Route Standards:

1. TOT fixed routes shall operate with no early departures from published time-points.

2. TOT fixed routes shall strive to ac hieve an average of no less than 90 percent on -time departures across all published time points.

Demand-Response (Dial-A-Ride) Standards:

1. TOT Dial-A-Ride shall operate with a 30-minute service window (defined as up to 15 minutes early and up to 15 minutes after the scheduled pick-up time. Vehicles will wait up to five minutes from the time of arrival.

2. TOT Dial-A-Ride shall operate with no early departures.

3. TOT Dial-A-Ride shall strive to operate with 90 percent on-time performance, defined as arriving within the provided service window.

Service Availability Standards
TOT’s service area includes approximately 127,000 individuals (2017-2021 American Community Survey).

The map in Exhibit A.1 presents the TOT fixed-route service area and routes.

Fixed-Route Service
TOT fixed routes currently have an average distance of 0.7 miles between stops. Thousand Oaks Transit will endeavor to distribute transit service so that 75 percent of all residents in the service area are within ¼ mile of regular route bus service.

Demand-Response Service (Dial-A-Ride)
TOT’s Dial-A-Ride serves as the required ADA complementary paratransit service. The Dial-A-Ride service availability standard is as follows:
• 100 percent of all trips requested by ADA-certified customers within the TOT service area shall be accommodated.

Item No.11B

2023 Title VI Program
Thousand Oaks Transit
April 2023
PAGE A-3
Exhibit A.1 TOT Service Area Map
Effective Practices to Fulfill Service Policy Requirement Service Policy requirements are divided into two primary areas, Vehicle Assignment Policy and Transit Amenities Policy. TOT ensures Title VI compliance by adhering to the following policies.

Vehicle Assignment Policy
Fixed-Route Service
TOT fixed-route vehicle assignments factor in the operating characteristics of the various vehicles within the TOT fixed-route fleet, which are paired to the operating characteristics of the route. In the absence of specific operating requirements, vehicle assignments will be done so as to ensure a random rotation of fleet vehicle assignments on TOT fixed routes.

Demand-Response Service (Dial-A-Ride)
Except for unique situations requiring the assignment of a specific vehicle for reasons such as lift capacity, interior clearance, or other operating characteristics within the service area, demand -response vehicles will be randomly assigned.

Transit Amenities Policy
The following policies will be applied as funding allows:
• The distribution of appropriate bus stop ameniti es should improve passenger security, comfort, convenience, and enhance the overall transit experience. All bus stop amenity installations and improvements shall meet the Americans with Disabilities Act (ADA) requirements.
• Bus stop signs shall be placed at all approved bus stops to inform the public where the location of the bus is scheduled to stop and load or unload passengers. • Route and service information should be provided at transit centers and major stops. • Benches shall be installed at bus stops that demonstrate high ridership, address any special needs of residents, and where it is most needed. Where there is less demand for ridership, minimal seating shall be provided in the absence of a bench.

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Thousand Oaks Transit
April 2023
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• Bus stop shelters shall be considered in areas of high ridership, major transfer points, and locations near senior facilities, areas of special needs, schools, and other major activity centers. The size and placement of shelters vary depending on the number of passengers to be accommodated. In locations where there are 20 or more boardings per weekday, a bus shelter may be considered dependent on funding availability. • Thousand Oaks Transit will consider the installation of lighting features at bus stops and shelters in order to improve visibility and safety.
• Trash receptacles should be installed in areas with a high volume of foot traffic and where trash accumulation is apparent.
• Bike racks and storage lockers may be provided for the convenience of bicyclists using transit and to encourage more bicycling.

Item No.11B

ATTACHMENT #2
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF THOUSAND OAKS APPROVING 2023 UPDATE

TO TITLE VI PLAN FOR THOUSAND OAKS TRANSIT
WHEREAS, Thousand Oaks Transit is the public transit operator for the City of Thousand Oaks, providing bus, Dial-A-Ride, and Americans with Disabilities (ADA) para-transit services to residents; and
WHEREAS, the City of Thousand Oaks is required to update their adopted Title VI Plan every three years to continue to receive federal funding for transit services; and
WHEREAS, the City of Thousand Oaks adopted a Title VI Plan update in June 2018 and September 2021; and
WHEREAS, the update in 2021 was a limited update as allowed under Federal regulations due to the Covid-19 pandemic; and
WHEREAS, the Ventura County Transportation Commission required the City, because of the limited update, to complete a full update off-schedule and no later than June 30, 2023; and
WHEREAS, a complete update was prepared and presented to City Council on May 9, 2023.

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

Section 1. The 2023 Updated Title VI Plan is adopted as presented, and staff is authorized to implement the recommended actions as outlined in the report prepared by Moore and Associates, Inc.

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.11B

DPW:940-10\tn\ev\Council\2023\050923\ Title VI Plan Update 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
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.

Item No.11B

TO:Andrew P. Powers, City Manager
FROM:Jaime Boscarino, Finance Director
DATE:May 9, 2023
SUBJECT: Proposed FY 2023-24 and FY 2024-25 Operating Budget Study Session
RECOMMENDATION:

1. Receive information on the Proposed FY 2023-24 and FY 2024-25 Operating Budget.

2. Schedule a public hearing for City Council review and adoption of the FY 2023- 24 and FY 2024-25 Operating and Capital Improvement Program Budget on June 6, 2023.

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

FINANCIAL IMPACT:

Financial Impact to be Determined. Financial impact of the Proposed FY 2023- 24 and FY 2024-25 Operating Budget is $196,345,240 and $201,219,554, for a Total Proposed Budget of $266,124,530 and $268,085,329, respectively. This is a study session only. City Council will be requested to adopt the FY 2023-24 and FY 2024-25 Operating Budget at its June 6, 2023, public hearing.

BACKGROUND:

The purpose of this study session is to provide City Council with an overview of the Proposed FY 2023-24 and FY 2024-25 Operating Budget (Proposed Budget) for all funds. The Proposed Budget is provided under separate cover and available for review at www.toaks.org/operating-budget or by emailing the Finance Department at [email protected].

Item No.12A

Proposed FY 2023-24 and FY 2024-25 Operating Budget Study Session May 9, 2023

6 5
5 Operating Budget Process
The operating budget preparation process began in December 2022. Staff has been diligently working since then on balancing appropriation requests with revenue estimates. The Proposed General Fund Budget is structurally balanced for both fiscal years and represents a fiscally sound plan that fully complies with City Council’s formal Financial and Budget Policies while making strategic investments in the community and thoughtfully addressing staffing levels citywide.

The City prepares a biennial operating budget, which provides the financial framework of City operations for two fiscal years. The budget preparation also includes the review, update, and presentation of the City’s Capital Improvement Program (CIP) Budget and User Fees. The Proposed CIP Budget study session was held at the April 4 th, 2023, City Council meeting and the User Fees were adopted by City Council on April 25 th, 2023. All departments are involved in the development of the Operating Budget.

City Council Finance/Audit Committee
The City Council Finance/Audit Committee (Committee) was established in 2008 to comply with Statement on Auditing Standards (SAS) 114 and promote additional financial transparency. The Committee provides a forum for open communication between the City’s external auditors and City Council. Staff meets periodically with the Committee to provide updates and receive input on the City’s budget and finances. Staff met with the Committee on May 8, 2023, and provided an update and overview of the Proposed Budget.

City Council Goals and Top Priorities
On May 23, 2023, City Council will discuss and determine their Citywide Goals and Priorities for FY 2023-24, with final approval on schedule for the June 6, 2023 City Council meeting. The Proposed Budget was developed with a focus on strategic investment towards the City Council’s current Goals and Priorities, many of which span multiple years. If new Priorities are established for FY 2023-24, staff will evaluate if the Proposed Budget should be adjusted accordingly for the Public Hearing.

Budget Theme – “Rooted in Community”
The City continues to be a leader in fiscal sustainability efforts and forward-thinking strategic planning. Key focus areas of the Proposed Budget include investments in homelessness and affordable housing, supporting the comprehensive General Plan update, commitment to environmental sustainability, continued investments in technology, and a strategic approach towards workplace transformation.

Item No.12A

Proposed FY 2023-24 and FY 2024-25 Operating Budget Study Session May 9, 2023

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5 Homelessness and Affordable Housing
The Proposed Budget includes $900,000 in annual operational funding for a Navigation Center at 1205 Lawrence Drive to provide interim supportive housing for individuals experiencing homelessness. The onsite support will assist individuals to become housing ready and transition to a permanent housing environment. The City has selected an operator to provide full-time on-site services and management and it is anticipated the Navigation Center will open within the next year. The County of Ventura (County) has agreed to fund 50 percent of the operating costs on an ongoing annual basis. The City and County have jointly applied for a State Encampment Resolution Grant that would potentially fund operational costs for two years. In addition, Ventura County Behavioral Health has applied for funding to help offset operating costs.

Comprehensive General Plan Update
The City is currently in the process of a comprehensive, multi-year General Plan update with an estimated adoption at the end of the calendar year. The adoption of the General Plan will require updates to the City’s Municipal Code and Specific Plans. Funding is included in the proposed Community Development Department (CDD) operating budget each year in order to implement the required updates.

More information on the City’s General Plan process can be found at https://www.toaks2045.org/.

Environmental Sustainability
The City is currently in the process of developing a Climate and Environmental Action Plan (CEAP) in parallel with the City’s General Plan Update. The CEAP details the strategies and actions the City will pursue to protect the environment and address the challenges of climate change. Planned actions will be aimed at improving public health, sustaining a healthy environment, reducing air pollution, protecting our energy supply, mitigating climate change and its impacts, reducing the threat of catastrophic wildfires and extreme weather, and supporting a healthy economy. The Proposed Budget includes funding for implementation of the CEAP. More information on the City’s CEAP can be found at https://www.toaks.org/departments/public-works/sustainability/climate-action- planning.

Technology Investment and Innovation
Technology innovations continue to provide new opportunities to improve City operations, customer service, and the overall public experience. It is also critical the City’s technology infrastructure be protected against cybersecurity attacks. The Proposed Budget includes citywide investment in technology to provide quality services to the public more effectively and efficiently, most notably a new Utility Billing System. Staff is currently in the process of a comprehensive refresh to the City’s public website that will be more inclusive of all persons and compliant with Americans with Disabilities Act (ADA).

Item No.12A

Proposed FY 2023-24 and FY 2024-25 Operating Budget Study Session May 9, 2023

6 5
5 Workplace Transformation
Part of the Workplace Transformation initiative is to emphasize the organizational focus on collaboration, communication, process improvements, and efficiencies.

Training resources have been included in the Proposed Budget to broaden employees’ knowledge and skills to provide more effective services to the public and preparation for future advancement.

Staffing is a key component to the success of City operations and service to the public. Departments work together to creatively utilize existing staffing resources to meet the changing needs of the City. Although this strategy has allowed the City to maintain citywide staffing levels at 381 positions since FY 2013-14, the Proposed Budget includes the strategic addition of 16 positions as discussed in further detail below.

Staffing Overview
In FY 2007-08, prior to the Great Recession, the City’s position count was 482.

From FY 2008-09 through FY 2013-14, 101 positions were eliminated due to the Great Recession and the City’s transition from a growth community to a built-out and maintenance community. Since then, for 10 consecutive years, the City has maintained the same position count at 381 (Figure 1). After careful evaluation and discussion, the Proposed Budget includes nine new positions in FY 2023-24 and seven new positions in FY 2024-25, bringing the total City position count to 397.

Management took a measured approach when planning for proposed positions, spreading the implementation over two fiscal years. This allows the City to be agile, provides the time necessary to initiate strategic recruitments, and provides flexibility in case of possible future economic downturn impacts. Based on the City’s long-term financial strategic plan, the Proposed Budget provides a fiscally sustainable level of organizational staffing while investing in needed resources for effective and efficient service. The proposed additions returns the City to FY 2012- 13 staffing levels.

Item No.12A

Proposed FY 2023-24 and FY 2024-25 Operating Budget Study Session May 9, 2023

6 5
5 Figure 1
The position additions included in the Proposed Budget span over multiple departments and program areas with a focus on supporting City Council’s goals and priorities. Funding sources vary by position and are summarized below.

Public Works Department
The Public Works Department (PWD) is the City’s largest department, responsible for implementing the largest share of the City’s budget. PWD has developed a strategic plan to effectively implement City Council Goals and Priorities, prepare for an increase in future operational needs, and provide quality service to the public. Management has prioritized position requests based on current operational needs. Areas evaluated included current overtime costs incurred by staff, reliance on outside consultants to assist with projects, the number of capital improvement projects planned, level of deferred infrastructure maintenance, and additional responsibilities due to legal mandates. Based on this comprehensive evaluation, the proposed position additions for PWD are listed below.

482 470 457 447
407 397 381 381 381 381 381 381 381 381 381 381 390 397 0 50
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FY 2007-08FY 2008-09FY 2009-10FY 2010-11FY 2011-12FY 2012-13FY 2013-14FY 2014-15FY 2015-16FY 2016-17FY 2017-18FY 2018-19FY 2019-20FY 2020-21FY 2021-22FY 2022-23FY 2023-24FY 2024-25 History of Funded Positions
Item No.12A

Proposed FY 2023-24 and FY 2024-25 Operating Budget Study Session May 9, 2023