Cities Index.
Agenda packet

Thousand Oaks City Council
June 20, 2023

Document
Agenda packet
Meeting
June 20, 2023
Body
Thousand Oaks City Council
Pages
97
Original file
131.5 MB
Text extracted from the city's file for reading and search. Open the original on toaks.primegov.com. That file is the official record.

C. Such list shall be used by the Human Resources Director when a vacancy arises in the same or lower classification of position before certification is made from an eligible list.
1517 Reemployment:

A. An employee who has been laid-off or taken a voluntary demotion in lieu of layoff to a lower class may be reemployed to a vacant position in their former job class within two (2) years of the effective date of the voluntary demotion or layoff in the order of their length of service within their classification or a higher classification in the same job series, from the longest length of continuous service to the shortest length of continuous service.

B. An employee reinstated to their former job class from a voluntary demotion shall retain their rate of pay.

C. If the rate of pay is not included in the salary schedule of the former job class, the employee shall be placed in the salary range of that salary schedule which is closest to their rate of pay.

D. An employee shall retain the review date for purposes of merit pay increases; however, if placed in the base step of the salary schedule, they shall be eligible for a merit pay increase after completing the required amount of service.
1518 Notice of Recall:

A. Notice of Recall from layoff shall be by Return Receipt – Registered Mail and by the last known personal email address and shall specify the date for reporting to work which shall not be more than fourteen (14) working days from the date the notice is received.

B. Notice shall be deemed to have been received when sent to the last known address on file with the City and attempted delivery or delivery is certified by the Postal Service.

C. Upon receiving notice, the person on layoff shall have ten (10) days to accept or decline the recall opportunity.

D. Eligible persons not responding to written notification of an opening within ten (10) working days may have their names removed from the Reemployment list.
1519 Salary and Benefits on Reemployment: Reemployed employees will regain the same prior amount of service status and benefits as they had on the date of layoff. 1520 Resignation in Lieu of Layoff: An employee who elects to resign in lieu of layoff or voluntary demotion, or an employee who voluntarily wishes to resign in lieu of other employees being laid off or demoted, shall be placed on a reemployment list for two (2) years if requested by the employee.

ARTICLE 16 – SALARY
1601 Salary Schedule Policy: The City Council shall, by Resolution, establish a wage rate or Salary Schedule for each classification in the competitive service. The Item No.7Y
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Human Resources Director is responsible for recommending such rates or schedules to the City Council. The wage rate or Salary Schedule for each class shall reflect fairly the similarities and differences in levels of duties and responsibilities and shall be related to compensation for comparable positions in private and public sector employment in the appropriate labor market. 1602 Salary on Employment: Newly hired employees shall be compensated at the base rate of the salary range of the job classification for which they are hired. When economic conditions, unusual employment conditions or exceptional qualifications of a candidate for employment indicate that a higher hiring rate would be in the City’s best interest, the Human Resources Director may authorize hiring at a higher rate in the salary range. The provisions of this section shall also apply to reinstated employees.
1603 Salary Ranges: All employees shall be assigned to a salary range consisting of minimum and maximum amount of compensation for that range. 1604 Increases in Pay Within the Salary Range: Any pay increase within a salary range is not automatic and may be granted only for continued meritorious and efficient service by the employee in the effective performance of their duties. 1605 Eligibility for Increases Within the Range: An employee is eligible for consideration of a salary increase as follows:

A. For new employees, or employees newly appointed or promoted through competitive process, an initial increase may be granted within the range after six months of service in the classification.

B. Thereafter, employee shall be folded into the annual Pay for Performance evaluation/compensation Program, including pro-ration if appropriate, per the following table:

Participate in First Year
Employment Pay for Performance Pro-ration of Eligible
Date* Program Begins Salary & Merit Increase
Jan Jul 100%
Feb Aug 92%
Mar Sep 83%
Apr Oct 75%
May Nov 67%
Jun Dec 58%
July Jan 50%
Aug Feb 42%
Sep Mar 33%
Oct Apr 25%
Nov May 17%
Dec Jun 8%
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* If employment date is after the 15th of the month, the following month’s schedule will apply.

C. In no case shall an adjustment result in an employee salary exceeding the 120% comparatio.
1606 Exceptional Salary Increases: Any increase in excess of the Merit Guide or any increase granted more frequently than provided for in these articles must be approved in advance by the City Manager.
1607 Effective Date of Increase: Salary increases, if granted, shall become effective on the date on the Personnel Action Form.
1608 Salary Increases Not Granted: When an employee is not granted a merit increase, the employee may be considered for a salary increase at a subsequent time interval as deemed appropriate by the Department Head. Since any salary increase is not automatic, any withholding, denial or delay in granting such an increase does not constitute disciplinary action and is not subject to appeal by the employee.
1609 Salary on Downward Reclassification: An employee reclassified to a lower job classification for other than disciplinary reasons shall retain their rate of pay and the salary review date for purposes of pay increases or shall be placed in lower salary schedule closest to their current rate of pay.
1610 Salary on Promotion: An employee who is promoted to a higher job classification shall be placed in a Salary Schedule that will provide a pay increase of not less than 5%, except when the maximum of the higher salary range provides a lesser pay increase.
1611 Salary on Appointment to an Equivalent Classification: An employee who is appointed to an equivalent job classification following a competitive process shall maintain their current rate of pay and not be entitled to an increase upon the appointment. The appointed employee shall be eligible for an increase pursuant to section 1605. The appointed employee is subject to a Probationary Period pursuant to Article 50.
1612 Appointment Above Base Rate: When economic conditions, unusual employment conditions or exceptional qualifications of a candidate for promotion or reclassification indicate that a higher pay rate would be in the City’s best interest, the Human Resources Director may authorize appointment at a higher salary within the Salary Schedule.
1613 Salary on Upward Reclassification: An employee who is reclassified to a higher job classification shall be placed at a rate of the higher salary schedule that will Item No.7Y
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provide a pay increase of not less than 5%. The review date for purposes of pay increases will remain the same.
1614 Salary Range Change: An employee who is reassigned to a higher salary range shall retain their current rate of pay. The employee’s review date for purposes of pay increases will remain the same.
1615 Priority of Increases: When more than one personnel action involving changes in an employee’s salary status becomes effective on the same day, all changes shall be in accordance with the provisions of the preceding sections of this article and shall take place in the following order of precedence: 1) pay advancement or reduction in salary; 2) promotion, demotion, or reclassification 3) exceptional salary increases.
1616 Leaves of Absence and Salary Increases: Any authorized leave of absence without pay for 30 days or more shall require an adjustment in the employee’s review date in an amount equivalent to those days in excess of 30 days. Leave without pay in excess of 30 days will not accrue toward seniority. Merit, review and anniversary dates will be adjusted accordingly.
1617 Salary on Involuntary Demotion: An employee who is involuntarily demoted shall receive a reduction in pay of five (5) percent or to the top of the lower salary range, whichever is lower. The employee shall be given a new salary review date for purposes of merit pay increases. Except, however, that employees demoted pursuant to a layoff who exercise their bumping rights shall be placed at the salary rate representing the least loss of pay.
1618 Salary on Voluntary Demotion: An employee who takes a voluntary demotion may retain their current rate of pay provided it is within the salary range of the new job classification. If the rate of pay is not included in the salary range, the employee will be placed at the top of the salary range of the new job classification.
1619 Reinstatement and Salary after Voluntary Demotion: An employee who has taken a voluntary demotion to a lower job class may be reinstated to a vacant position in their former job class within two years of the effective date of the voluntary demotion without requalifying by competitive processes. An employee reinstated to their former job class from a voluntary demotion shall retain their current rate of pay. If the rate of pay is not included in the salary schedule of their former job class, the employee shall be placed in the salary range of that salary schedule which is closest to their current rate of pay. The anniversary date shall be retained for purposes of merit pay increases.
1620 Market Survey: The City shall periodically collect total compensation market survey data and present such data to the bargaining unit. Typically, such data Item No.7Y
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shall be presented to the bargaining unit every five years, several months prior to commencement of negotiations for a successor Memorandum of Understanding. 1621 General Market Review Methodology:

A. Benchmark classifications within the Unit shall be surveyed by Human Resources or its agent no later than February in years when a General Market Review is conducted.

B. The benchmark classes will be compared to classes with similar duties and function within the comparator agencies.

C. The survey shall ascertain the maximum salary; employer payment of the employee’s retirement contribution; and agency contribution to deferred compensation, cafeteria plan, medical plan, dental plan, vision plan, life insurance, disability, agency normal cost to retirement plan, and Medicare for each of the counterpart classifications (“total compensation”). The survey agencies shall include: City of Burbank, City of Camarillo, City of Fullerton, City of Glendale, City of Irvine, City of Orange, City of Oxnard, City of Santa Clarita, City of Santa Monica, City of Simi Valley, City of Torrance, City of Ventura, County of Ventura, Las Virgenes Municipal Water District, and Ventura Regional Sanitation District.

D. Prior to calculation of the market rate, the agency with the lowest total compensation and the agency with the highest total compensation shall be removed. For the remaining agencies, the market rate shall be the arithmetic mean of the total compensation of the counterpart classifications as described in Section C, above.

E. The tabulated data shall be provided to SMA and a meeting shall be held between SMA and the City prior to the adjustment of the classification ranges. The City shall provide a comparison of the total compensation of the benchmark classifications at 100 Comparatio (midpoint) to total compensation at the maximum market rate of the counterpart classifications. Adjustments to salary ranges for the City’s benchmark and linked positions shall be based on a comparison of the total compensation of the City’s benchmark positions at the 100% Comparatio (CR) to the total compensation of the survey agency’s benchmark positions as described above.

F. The City may elect to conduct a more comprehensive total compensation market survey in lieu of a benchmark classification study. 1622 Range Adjustments During Term: In recognition of general market compensation adjustments, effective July 8, 2023, there shall be a 5% range adjustment for all SMA represented classifications at the 100% comparatio midpoint; effective July 6, 2024, there shall be a 5% range adjustment for all SMA represented classifications at the 100% comparatio midpoint.

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1623 Application of the Merit Guide: An employee’s salary shall not change solely due to an adjustment to the salary ranges based on market data but shall only change based on the application of the Merit Guide.
1624 Pay for Performance: The purpose of the Pay for Performance program is to establish and maintain a compensation program that is externally competitive and internally equitable and that rewards management employees based on their performance.

A. Pay for performance will continue for the term of this agreement.

B. For employees who receive a performance rating of at least “good work” (2.0 or higher) there shall be a 2.0% salary adjustment, effective July 8, 2023 and a 1.0% salary adjustment effective July 6, 2024, in addition to and concurrent with any adjustment based on the Merit Guide in Section 1626 below. In no case shall an adjustment result in an employee salary exceeding the 120% comparatio.
1625 Policy and Procedure:

A. Each year the City Council will establish goals and priorities for the ensuing fiscal year.

B. The goals and priorities will be incorporated into and addressed in the annual work objectives established by City Council .

C. Departments accountable for the work objectives will be identified.

D. The City Manager and Assistant City Manager will establish performance objectives for Department Heads who will in turn ensure that all employees within their departments establish performance objectives.

E. Performance objectives include major responsibilities/results expected and measurement, criteria and will be established collaboratively by employee and their direct supervisor.

F. They will meet as necessary during the year to update the objectives and to discuss results achieved.

G. By September first of each year, employees will be evaluated on their performance objectives for the previous fiscal year.

H. Performance objectives for the current fiscal year will also be established by September 1st.

I. Employees new to this Unit are to set performance objectives within the first two months of appointment.

J. Performance objectives need to be periodically updated to reflect changes in work assignments.

K. Such updates should occur during the year but must be done at least once every six months.

L. Departments are responsible for maintaining a file for each employee’s performance objectives and updates.

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1626 Salary Distribution:

A. Each employee will have a comparatio computed by dividing their current rate of pay by the new midpoint of the salary range.

B. Each employee’s comparatio will fall within one of four sections of the salary range.

C. The guide will be used to determine employees’ salary adjustments.

D. Employees receiving a rating of “needs work” on their evaluation shall be ineligible for any salary increase but shall be re-evaluated after six months.

E. If substantial improvement has been made, and the employee achieves a rating of “good work” or above, the employee shall receive a pay adjustment for the last half of the fiscal year based upon the Merit Guide set forth below. 1627 Merit Guide: The following Pay for Performance Merit Guide shall be in effect for evaluation purposes only beginning July of 2023 through the end of the term of this Agreement.

RATING SCALE
Great Work 3.0 4.0
Good Work 2.0 2.8
Needs Work 1.0 1.8

PERFORMANCE MERIT GUIDE

COMPARATIO
RATING 80 to 89.9 90 to 99.9 100 to 109.9 110 to 120
Great Work

4.0 6.00% 5.75% 5.35% 4.70%

3.8 5.90% 5.65% 5.25% 4.60%

3.6 5.80% 5.60% 5.10% 4.50%

3.4 5.70% 5.40% 5.00% 4.30%

3.2 5.50% 5.20% 4.80% 4.10%

3.0 5.30% 4.90% 4.50% 3.80%
Good Work

2.8 5.00% 4.50% 4.00% 3.50%

2.6 4.00% 3.50% 3.00% 2.50%

2.4 2.50% 2.00% 1.00% 0.50%

2.2 0.00% 0.00% 0.00% 0.00%

2.0 0.00% 0.00% 0.00% 0.00%
1628 One-Time Payment: Effective July 8, 2023, employees shall receive a one-time, non-PERSable $300 payment. Only employees that are active (employed by the City) as of July 1, 2023 are eligible for this payment.

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ARTICLE 17 – OUT OF CLASS ASSIGNMENT
1701 When, in the determination of the Department Head and with the approval by the Human Resources Director or designee, it is necessary to specifically assign to an employee in writing all of the significant duties of a higher classification for eightyone (81) consecutive working hours, the employee so assigned shall be compensated at the minimum rate established for the higher class or 5% above the employee’s regular base rate of pay, whichever is greater, with pay effective upon the date of the change of assignment. Under no circumstances shall the employee receive an amount greater than the maximum step of the higher class.

For purposes of this Article, the out-of-class workweek shall begin on the day the employee begins the duties of the higher classification, as specified in the written assignment. For an example, see Section 1711 below.
1702 This policy shall apply in temporary situations due to:

A. The annual leave or other temporary absence of the employee in the higher classification.

B. Or if the position to be filled is vacant and there is no valid eligibility list for the classification. In this case, the Department Head, if they have initiated procedures to fill the vacancy on a permanent basis, may assign an employee to fill that position on a temporary basis. If an eligibility list exists for the vacant position, the Department Head may appoint an employee from the eligibility list at the earliest possible date. 1703 No permanent positions shall be filled by out-of-class appointees for a period longer than sixty (60) days, except when due to special circumstances such as extended leaves of absence or in cases of emergencies as approved by the Human Resources Director. In no circumstance will the City appoint any employee to an out-of-class assignment/appointment for more than a total of 960 hours per fiscal year.
1704 Individuals hired specifically to temporarily fill a position vacancy due to illness, vacation, etc. are also excluded from working out-of-class. 1705 Individuals appointed to work out-of-class must meet minimum qualifications of the higher classification, must be capable of handling major duties of the higher-level classification without any more supervision than another would in the same job. 1706 The mere performance of certain portions of the higher position or only performing the less difficult parts until the position is filled, does not constitute working out-ofclass. 1707 When an employee is assigned to work in a higher-level classification that entails moving the employee into a classification represented by an employee unit other than that which represents their regular classification, the employee shall not receive a change in their benefits. Similarly, an hourly employee temporarily filling Item No.7Y
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a regular position shall receive no benefits, nor shall they be subject to CalPERS retirement system payments.
1708 While working in an out-of-class assignment, an employee shall continue to accrue, and have recorded, normal step increases in the employee’s regular position.
1709 At the time an employee returns to their regular position, their salary should reflect the same salary rate they had previously, with any merit or salary adjustments added as appropriate. At any time during the out-of-class appointment, an employee may be removed from that appointment without the right of appeal or hearing.
1710 The City shall not rotate employees in and out of higher position classification assignments in order to avoid paying out-of-class compensation. 1711 The following is to illustrate the meaning of “81 consecutive hours” as used in this Article. Assume an employee is assigned in writing, as required by Section 1701, to begin an out-of-class assignment starting on August 7. Then the 81st hour would typically be one hour into the day on August 21. Therefore, if the employee is still on the out-of-class assignment on August 21, the employee will be paid retroactively to August 7 at the rate specified hereinabove. If the employee continues in the out-of-class assignment past August 21, then the employee shall continue to be paid the additional compensation until the assignment ends, subject to the limitations of Section 1703.

ARTICLE 18 – OVERTIME – PURPOSELY LEFT BLANK
ARTICLE 19 – ON-CALL – PURPOSELY LEFT BLANK
ARTICLE 20 – CALL-OUT – PURPOSELY LEFT BLANK
ARTICLE 21 – STAGE WORKER – PURPOSELY LEFT BLANK
ARTICLE 22 – NIGHT DIFFERENTIAL – PURPOSELY LEFT BLANK
ARTICLE 23 – BILINGUAL PAY – PURPOSELY LEFT BLANK
ARTICLE 24 – CELL PHONE STIPEND
See applicable Administrative Policy No. 14-4.006.

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ARTICLE 25 – WORK SCHEDULES
2501 Overall policy for work schedules:

A. This policy provides a uniform set of guidelines relating to work hour schedules as set by the City. Alternate work schedules may be permitted or required of employees in those departments where it will not result in a reduction in the quality or level of service as authorized by the appropriate Department Head and approved by the City Manager. See also, applicable Administrative Policy No. 16.016 Telework Policy and Procedure.

B. Time sheets shall reflect 80 hours worked in the pay period unless a full day absence has been taken, or a partial day absence has been taken pursuant to Section 2705 and 2706, either of which should be reported using appropriate accruals.

C. Time sheets shall be electronically signed in the City’s electronic timekeeping system by each individual employee.

D. The work period shall be consistent with the provisions of the Fair Labor Standards Act (FLSA).
2502 9/80 Work Schedule:

For all employees working the 9/80 schedule, the workweek shall begin exactly four (4) hours into their eight (8) hour shift on the day of the week which constitutes their alternating regular day off. Regular work hours for the 9/80 schedule will be 9 hours/day.
2503 4/40 Work Schedule:

Employees who work a 4/40 work schedule typically work 10 hours/day for four (4) consecutive days. Regular work hours for the 4/40 schedule will be 10 hours/day. 2504 5/40 Work Schedule:

Employees who work a 5/40 work schedule typically work eight (8) hours/day for five (5) consecutive days. Regular work hours for the 5/40 schedule will be eight (8) hours/day.
2505 Flexible Work Schedules: Consistent with the needs of the City, employees are not necessarily required to work a fixed schedule. Arrival and departure times, meal and break times, and the length of the workday may vary from time to time as determined by the Department Head. Flexible work schedule (Flextime) permits options for starting and quitting time. Example: Monday – Thursday, 7:00 a.m. – 6:00 p.m.; 1 hour or 2 hour lunch break. Over the course of an employee’s normal performance evaluation period, the employee shall utilize a combination of work time, annual leave time, holiday time, and/or other City authorized leave time equal to an average of 80 hours per pay period.
2506 Accounting of Work Hours: The reporting of the use of leave should normally be in increments of one full workday. Any part-time absences of less than an employee’s full regular workday may be charged against the employee’s paid leave account pursuant to Section 2705 and 2706 below.

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2507 Pay Days: Regular salaries and compensation of all City employees shall be paid on a bi-weekly basis. All current and newly hired employees shall participate in direct deposit for paychecks. The pay period is fourteen (14) calendar days. Payroll summaries shall normally be distributed on the following Friday. Paydays shall occur every other Friday. If paydays fall on a holiday, payroll summaries shall normally be distributed on the preceding day. If operational factors necessitate a delay in this normal schedule, payroll summaries shall be distributed as soon as possible.
2508 Employee Reimbursements: Employees shall participate in direct deposit for reimbursements for costs incurred during the normal course of work such as mileage reimbursement and travel reimbursement.
2509 Lunch & Breaks: All employees shall regularly take at least a ½-hour lunch break.

Two breaks are available to be taken, one at mid-morning and one at midafternoon per department scheduling policies. The workday hours shall not be reduced by break time not being taken. Lunch and breaks cannot be accumulated toward time worked. The rest period and lunch break shall not interfere with the completion of regular or emergency work. If approved in advance by the Department Head or designee, employees may be allowed or required on infrequent occasions due to special circumstances to work through their lunch break and have their workday hours for that day only adjusted accordingly. 2510 Modification of Schedule: Per the staffing requirements as determined by the Department Head, arrival and departure times, meal and break times, length of workday, and number of workdays and work hours in any given pay period may vary from time to time as determined and authorized by the Department Head. 2511 Provision of Meals: If an employee is required to remain at work for at least two hours following the close of his or her regular work shift for the purpose of performing emergency work, the City shall provide the employee with an adequate meal. If an employee is called at home and asked to return to work to perform emergency work, the City shall provide the employee with an adequate meal at four-hour intervals during the performance of such work. The City shall not provide meals before, during or after any work which is scheduled in advance or performed at the discretion of the employee except as approved by the Department Head.

ARTICLE 26 – HOLIDAY
2601 Recognized Holidays: The following days shall be recognized as holidays for permanent and probationary employees:

A. January 1st, New Year’s Day
B. Third Monday in January, Martin Luther King Jr’s Birthday C. Third Monday in February, President’s Day
D. Last Monday in May, Memorial Day
E. July 4th, Independence Day
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F. First Monday in September, Labor Day
G. November 11th, Veteran’s Day
H. Fourth Thursday in November, Thanksgiving Day
I. Fourth Friday in November, Day after Thanksgiving
J. December 25th, Christmas Day
2602 Every day appointed by the President, Governor, or City Council for a public feast, Thanksgiving, holiday or in memoriam when specifically authorized by the City Council, shall be a recognized holiday.
2603 Whenever any of the above listed holidays falls on a Sunday, the holiday shall be observed by the City on the following Monday. Whenever any of the above listed holidays fall on a Saturday, the preceding Friday shall be observed by the City as a holiday. As to the Library, the City shall have the ability to schedule closures in the Library on the day of the actual holiday.
2604 PURPOSELY LEFT BLANK
2605 Floating Holiday: In the first pay period each January, full-time employees shall be granted two ten-hour floating holidays, to be scheduled and taken in accordance with the best interest of the City and the department or division in which the employee is employed.
2606 Total Holiday Hours for Full-Time Employees: It is the intent of this Article to grant all full-time employees, regardless of their work schedule, one hundred and twenty (120) hours of holiday pay each calendar year. If the application of this Article results in an employee utilizing less than one hundred and twenty (120) hours of holiday pay, the difference between the holiday hours actually used and the one hundred and twenty (120) hours shall be credited to the employee’s holiday hours account. Holiday hours shall be used in the calendar year in which they are earned and shall have no cash value. In the event an employee has not used all of their holiday hours by the end of the calendar year, employees will be able to carry over no more than 40 holiday hours into the following calendar year. 2607 Eligibility for Holiday Pay: To be eligible for holiday pay, an employee must be at work or on authorized paid leave of absence on the regularly scheduled workday immediately preceding the holiday or day observed in lieu of the holiday and the regularly scheduled workday immediately following the holiday or day observed in lieu of the holiday. No employee who is on suspension or unpaid leave of absence on either the regularly scheduled workday immediately preceding or immediately following the holiday or day observed in lieu of the holiday shall receive compensation for said holiday or day observed in lieu of the holiday. 2608 Holiday Closure:

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A. The City shall have a holiday closure at the City Hall Facility and Municipal Services Center, with minimum holiday staffing at Libraries and the Hill Canyon Treatment Plant between December 26 and 31 each year.

B. Employees not specifically required to work shall use accrued Annual, Miscellaneous, Administrative, or Holiday leave, or may use Leave Without Pay during this closure.

C. Employees who experience a significant financial hardship due to leave banks that have been depleted due to emergency use may be accommodated through meetings with the Human Resources Department and their bargaining unit representative.
2609 Miscellaneous Leave Account
Effective July 1, 2015, employees may continue to use any existing time in their miscellaneous leave account, but no additional time will be added to the miscellaneous leave account.

ARTICLE 27 – ANNUAL LEAVE
2701 Policy: In lieu of vacation time or sick time, full-time employees shall receive annual leave time. Some of the appropriate uses of this leave time include the following:

A. To provide recuperation time for an employee incapacitated due to illness, injury, or other medical disability;
B. To allow for the quarantine of an employee exposed to a contagious disease which results in the enforced quarantine of an employee in accordance with public health regulations;
C. To attend to the immediate health needs of family members; D. For attending medical or dental office appointments; E. To enable employees to conduct important personal business during normal working hours;
F. To provide time for periods of rest and relaxation; or G. In other instances, consistent with all existing Rules and Regulations as authorized by the employee’s Department Head or representative. 2702 Employees are encouraged to maintain annual leave balance as a protection against the adverse effects of short- or long-term absences due to a major illness or injury.
2703 Annual Leave Schedule:

A. Annual leave time will accrue on a bi-weekly basis for twenty-six (26) pay periods a year.

B. Each full-time employee shall have annual leave time accrue for each pay period starting from the first day of probationary appointment.

C. Accrual rates are based on years of service.

D. Annual leave accruals rates shall be:

Annual Bi-weekly
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Hours Hours Accrual Period for Years of Continuous Service 190 7.308 From the beginning of the employee’s employment up to the last day of the employee’s third year of continuous service (1-3)
230 8.846 Beginning of the employee’s fourth year of continuous service up to the last day of the employee’s eighth year of continuous service (4-8)
254 9.769 Beginning of the employee’s ninth year of continuous service up to the last day of the employee’s thirteenth year of continuous service (9-13)
270 10.385 Beginning of the employee’s fourteenth year of continuous service up to the last day of the employee’s seventeenth year of continuous service (14-17)
290 11.154 Beginning of the employee’s eighteenth year of continuous service up to the last day of the employee’s twenty-second year of continuous service (18-22)
306 11.769 Beginning of the employee’s twenty-third year of continuous service up to the last day of the employee’s twenty-eighth year of continuous service (23-28)
322 12.385 Beginning of the employee’s twenty-ninth year of continuous service up to the last day of continuous service (29+)
2704 To aid in recruitments, newly hired employees will be credited with two weeks annual leave upon the date of hire. This is to compensate for the fact that annual leave includes both vacation and sick time and such a credit would allow new hires to start with a minimum of useable hours. The City Manager or their designee shall also have the discretion to place a newly hired employee at up to the third level of accruals, i.e., the newly hired employee would receive credit for 4 or 9 years of service, and immediately begin earning 230 or 254 hours of annual leave per year, respectively.
2705 Annual Leave Usage: Paid annual leave shall continue to accrue in accordance with the provisions of Section 2703 during any authorized period of leave with pay.

All annual leave shall be scheduled and taken in accordance with the best interest of the City and the department or division in which the employee is employed.

Effective July 1, 2020, the maximum amount of annual leave that may be accrued shall not exceed nine hundred (900) hours.

2706 Reporting Annual Leave: The reporting of the use of annual leave shall be in increments of full workdays, except that an employee shall be required to report an absence of less than a full day for time taken off on either Christmas Eve or New Year’s Eve or for time taken for regularly scheduled or recurring personal appointments. Also, the City may require an employee to report an absence of less than a full day for other days if the employee is not complying with the provisions of Section 2505 above.

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2707 Family Illness-Related Usage: An employee, with the approval of their Department Head or representative, may be allowed to use annual leave whenever an illness occurs to a member of the employee’s immediate family. For the purposes of this section, immediate family shall include mother, father, brother, sister, spouse, child, domestic partner, child of domestic partner, or parent of a spouse, a member of the employee’s immediate household, or a “designated person” (an employee may designate one person per 12-month period at the time the employee requests annual leave). For the purpose of this section, illness shall be defined as a situation in that the injured or ill family member requires immediate personal attention by the employee. Employees are expected to make suitable arrangements for the care of the injured or ill family member as soon as practical following the actual illness or injury.
2708 Holidays Occurring While Using Annual Leave Time: In the event that any recognized holiday occurs concurrent with any full-time employee’s use of annual leave time, the holiday shall not be charged against the employee’s accrued annual leave. The only annual leave shall be those days that the employee would have been regularly scheduled to work during the annual leave period. 2709 Physician’s Certificate: An employee absent on unscheduled annual leave in excess of three (3) consecutive working days due to illness or injury, may be required by their Department Head and Human Resources to submit a written statement by a physician certifying that the employee’s condition prevented the employee from performing their duties. The Department Head and Human Resources may also require a written statement that such employee is able to resume their normal duties.
2710 Annual Leave Cash-Out: Employees may elect to receive cash equal to the employee’s daily base wage for 8 hours minimum to 200 hours maximum of annual leave accrued but not taken provided the following conditions are met:

A. The employee has taken or is scheduled to take at least 80 hours of annual, miscellaneous, administrative, and/or holiday leave during the current calendar year, in which case the employee may cash out a maximum of 200 hours.

B. The employee will still have a minimum of 180 hours of accrued annual leave after cashing out of these days and after all scheduled leave has been taken during the current calendar year.

C. The employee has taken off the required leave time during the time periods set forth herein. If the employee does not take off the required leave time during the time periods set forth herein as well as any other requirements specified in the Agreement between the City and SMA, the employee must meet all requirements before exercising their right to cash out annual leave the following year.

D. In calculating the hours of leave taken in subsection A, above, employee donations of leave for purposes of catastrophic illness or injury shall be included.

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2711 Payment on Separation: Upon termination, an employee shall be compensated at their current rate of pay for any annual leave and/or miscellaneous leave accrued but not used.

ARTICLE 28 – SICK LEAVE
2801 Prior Sick Time Accruals:

A. Employees shall retain all existing sick leave hours accrued prior to the approval of this Agreement or prior to promotion to a classification represented under this Agreement.

B. Although sick leave will no longer continue to accrue for employees, an employee’s sick leave balance will be available for use in the event of an extended illness or injury per Section 2701, Sub-sections A through D, after the employee has used 40 consecutive hours of annual leave time for such illness or injury.
2802 ANNUAL CASH OUT PURPOSELY LEFT BLANK
2803 Separation from the City:

A. There is no payoff for sick leave upon separation from the City.

B. All unused sick leave still on the books at the time an employee retires shall be credited 100% towards CalPERS retirement.

ARTICLE 29 – MATERNITY LEAVE
2901 Disabilities caused or contributed to by pregnancy, childbirth or related medical conditions, for all job-related purposes, shall be treated the same as non-service related disabilities caused or contributed to by other medical conditions, under any disability insurance or sick leave plan available in connection with employment. 2902 Written or unwritten employment policies and practices involving matters such as the commencement and duration of leave, the availability of extensions, the accrual of seniority and other benefits and privileges, reinstatement and payment under any disability due to pregnancy, childbirth or related medical conditions on the same terms and conditions as they are applied to other such disabilities. 2903 The basic principle is that employees affected by pregnancy and related conditions be treated the same as other job applicants and employees on the basis of their ability or inability to work. Leave under this Section will be deducted from the employee’s Family and Medical Leave Act (FMLA) and Pregnancy Disability Leave (PDL) allotment.
2904 Maternity Leave: An employee whose attending physician has certified that they are physically incapacitated from performing their duties due to pregnancy or childbirth is eligible for leave from her job subject to the following:

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A. Leave under this Section is debited from the employee’s Family and Medical Leave allotment.

B. An employee requesting maternity leave shall submit, in writing, their intent to take leave and shall first use sick leave, and then any and all available leave time, before going into leave without pay status.

C. The leave request shall indicate whether the employee intends to return to work.

D. The request for maternity leave shall be submitted to the Department Head and the Human Resources Director and be accompanied by the statement from the attending physician. A Leave of Absence form and a Personnel Action form shall be issued which indicates the probable length of time of the leave and a leave of absence form.

E. In most cases, the length of time for maternity leave should not exceed four (4) months from last day worked. However, more or less time may be appropriate depending upon the physical condition of the employee. The form and length of time of the leave shall conform to the rules and regulations of this Agreement that deal with the particular forms of leave (e.g. sick, annual, miscellaneous, holiday and leave without pay).

F. Leave under this article is granted according to the health of the employee.

Leave for purposes of child care after the employee is medically able to return to work shall be granted to the employee on the same basis as leave for other non-medical reasons.
2905 The City will continue to maintain and pay the premiums for health insurance coverage for up to four (4) months while the employee is out on maternity leave.

The employee is responsible for paying the costs they had previously authorized towards premiums. If the employee does not return to work following maternity leave, the City may recover premiums it paid to maintain health insurance coverage unless:

A. The employee’s inability to return to work is due to the continuation, recurrence, or onset of a health condition that entitles the employee to pregnancy disability leave, unless the employee chooses not to return to work following the leave;
B. The employee has non-pregnancy related medical conditions requiring further leave, unless the employee chooses not to return to work following the leave; or
C. There are other circumstances beyond the control of the employee. 2906 Upon the expiration of the maternity leave, the employee will be reinstated to their original or equivalent position, so long as it was not eliminated for a legitimate business reason during the leave.

ARTICLE 30 – FAMILY LEAVE AND MEDICAL LEAVE
See applicable Administrative Policy No. 16.026.

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ARTICLE 31 – INDUSTRIAL ACCIDENT LEAVE
3101 Defined:

A. In the event that any employee is absent from work as a result of any injury or disease which is covered under the Workers’ Compensation Act, such absence shall be considered to be industrial accident leave.

B. Industrial accident leave benefits provided by this article shall apply to each unrelated injury or disease as defined herein.

C. Industrial accident leave shall be noted on the employee’s time sheet. 3102 Compensation While on Industrial Leave: Any employee on industrial accident leave shall continue to be considered employed at regular base rate to the extent provided for in this Article. Pursuant to the City’s workers’ compensation insurance program, payments received by or to which the employee is entitled in accordance with the aforementioned Act shall be remitted to the Finance Department as a condition for the benefits due the employee under this article. 3103 Length of Leave: Industrial accident leave shall begin the first day of such absence as defined in Section 3101 and shall continue for a total of not more than 173 hours. In the event that an employee who has returned to duty from industrial accident leave is subsequently absent from work as a result of the same injury or disease, such absence shall be considered to be a part of the original industrial accident leave.
3104 Annual Leave: No employee shall have leave deducted while on industrial accident leave. Annual leave shall continue to accrue for any employee on industrial accident leave in accordance with the provisions of Article 27, Annual Leave. 3105 Filing of Report: All injuries sustained in the course of employment shall be reported at once to the employee’s supervisor. The employee’s immediate supervisor shall notify their division manager/supervisor and shall file a written accident investigation report to the appropriate Department Head. When applicable, the employee shall file a completed Workers’ Compensation claim with the Human Resources Director. The Human Resources staff shall review and sign the Workers’ Compensation claim and submit it for processing with the City’s thirdparty administrator.

ARTICLE 32 – BEREAVEMENT LEAVE
3201 Any use of bereavement leave requires notification of the Department Head. 3202 An employee shall be entitled to three (3) working days leave with pay whenever the death of an immediate family member occurs.
3203 Immediate family, for purposes of this article, is defined to include the following:
employee’s parent, sibling, spouse, children, grandparent, or grandchild, child-inlaw; spouse’s parent, grandparent, grandchild, sibling or child, or the same relatives of a domestic partner; employee or spouse or registered domestic Item No.7Y
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partner’s step-family (parent, sibling, grandparent, grandchild); former legal guardian; or immediate household member.
3204 Any authorized leave necessary in excess of three (3) days bereavement leave with pay shall be chargeable to annual leave, miscellaneous, holiday hours, in that order, as approved by the Department Head.
3205 Employees shall be entitled to five (5) working days leave with pay whenever the death of an immediate family member necessitates traveling out of state or the country.
3206 Bereavement leave shall be requested within four (4) months of the death of the family member. Total paid bereavement leave shall not exceed 80 hours each calendar year.

ARTICLE 33 – MILITARY DUTY LEAVE
3301 City policy relating to military leave, the extent of compensation and other benefits, while on such leave shall be in accordance with City Council Resolution 2001-180 and with the provisions of all Federal and State laws.
3302 Employees entitled to military leave shall give their Department Head an opportunity within the limits of military regulations to determine when such leave shall be taken.
3303 Active Military Duty commences when the employee has expired all the compensation provided for in the Military and Veteran’s Code of the State of California.

ARTICLE 34 – CATASTROPHIC LEAVE POLICY
See applicable Administrative Policy No. 16.004.

ARTICLE 35 – JURY AND WITNESS DUTY POLICY
See applicable Administrative Policy No. 16.003.

ARTICLE 36 – PERSONAL COURT APPEARANCE
3601 A full-time employee necessarily absent from work in response to a subpoena or other official order from a law enforcement agency to testify as a witness in cases where the employee is not a party or a real party in interest to the proceeding, but is testifying as a result of observations made in the course and scope of City employment may receive regular compensation pursuant to Article 35 Jury and Witness Duty Policy.
3602 Employees who are required to serve as such witness shall receive approval in advance by the Human Resources Director.

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ARTICLE 37 – LEAVE OF ABSENCE POLICY
3701 An employee who is authorized to be absent from work and who is not on an authorized leave with pay shall be on leave without pay. 3702 Any leave of absence, with or without pay, shall not exceed three (3) months except as provided in Article 29, Maternity Leave and Article 30, Family and Medical Leave. Should an employee request leave beyond three (3) months, approval will be at the discretion of the City Manager or the Human Resources Director.
3703 Leave of Absence Statement:

A. An employee who has a compelling need to be absent from work and who is not eligible for leave with pay may request to be placed on leave without pay.

B. Before requesting leave without pay, an employee must have first exhausted their annual leave, miscellaneous leave, holiday hours, and sick leave if leave is for illness or injury.

C. Leave without pay for a period not to exceed one week may be granted by the employee’s Department Head.

D. Leave without pay in excess of one week shall require the approval of the employee’s Department Head and the Human Resources Director.

E. Under special circumstances and with the prior approval of their Department Head and the Human Resources Director, employees may be granted a leave without pay while not first exhausting their annual leave. 3704 Leave of Absence Procedure:

A. It is the responsibility of the employee to submit a written request for a leave of absence two (2) weeks before such leave would begin stating the reason for the request, the date such leave will begin, and the duration of the leave.

B. A “Leave of Absence Request” form and a “Personnel Action Form” must also be completed by the employee.

C. Failure of an employee to apply for leave of absence and complete all necessary forms will be considered to be absent without leave, and all Citypaid benefits will be terminated. 3705 Absence Without Leave:

A. Any unauthorized absence of an employee from duty shall be an unpaid leave and may be cause for disciplinary action.

B. Failure to report for work or call in for three (3) consecutive workdays shall be considered a voluntary resignation.

C. Employees may appeal the voluntary resignation under the provisions of Article 51 of this Agreement.
3706 Refusal of Leave of Absence: The Human Resources Director or the City Manager shall refuse a leave of absence request if such a leave is contrary to the good of the City or where there is no probability of the employee’s return to work.

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3707 Insurance Coverage:

A. In the event that leave without pay is granted for an employee for reasons of illness or physical incapacity due to illness or injury, the City shall continue to pay the premiums for employee health, dental, vision, life, and disability insurance previously paid for by the City for a period not to exceed three (3) months, except where otherwise provided in this Agreement.

B. The employee is responsible for paying the costs they had previously authorized towards premiums.

C. Payment of premiums for coverage beyond three (3) months will be the responsibility of the employee, except where otherwise provided in this Agreement.

D. In the event that leave without pay is granted to an employee for personal reasons, premiums for health, dental, vision, life, and disability insurances will be the responsibility of the employee.

E. Nothing herein in any way limits the rights of the City to increase, decrease, change or delete any benefit of any group insurance plans it provides to its current employees.

F. Employees who are on a leave without pay may or may not continue under any new or revised plan subject to the carrier’s or provider’s approval.

G. Any failure of the employee to pay their portion of the premiums as prescribed by the MOU shall result in termination of coverage. 3708 Benefits:

A. Except to the extent provided under Sections 3703 and 3707 above, an employee on leave without pay shall receive no compensation, or deferred compensation and shall accumulate no annual leave or other paid leave.

B. Any authorized leave of absence without pay for 30 days or more shall require an adjustment in the employee’s review date in an amount equivalent to those days in excess of 30 days.

C. Leave without pay in excess of 30 days will not accrue toward seniority.

D. Merit, review and anniversary dates will be adjusted accordingly. 3709 Other Deductions:

A. An employee who is on leave without pay shall be responsible for directly paying any agency or entity for any payroll deductions that they have authorized.

B. In the event an employee is placed on leave without pay for disciplinary purposes, the City shall continue to pay premiums previously paid by the City.

C. It will be the responsibility of the employee to provide the City with an advance payment to cover the total cost of all premiums for the benefits the employee wants continued during the absence without pay leave period. 3710 Return from Leave: Employees who take Leave shall be entitled, on return from leave, to be restored to the position of employment held by the employee when the Item No.7Y
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leave commenced or be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.

ARTICLE 38 – CIVIL DEFENSE LEAVE
3801 As provided for in Government Code 3100, Civil Defense is a responsibility of all employees of the City.
3802 Upon recommendation of the City Manager and adoption of a Resolution by the City Council, employees whose absence from work arises out of or is due to such civil defense may be authorized by City Council for a leave with pay during the time of the civil defense as specified in the Resolution adopted by City Council.

ARTICLE 39 – SAFETY SHOES
3901 Employees who are required to wear safety shoes will receive $225 toward the purchase and/or replacement of these shoes in the first quarter of each calendar year. Safety shoes (also known as safety boots) are personal protective equipment (PPE) for employee foot protection in the workplace. All safety shoes must meet the minimum California Occupational Safety and Health Administration (Cal/OSHA) requirements. Any employee out on an authorized leave shall receive payment within thirty days of their return to paid duty. New employees who are required to wear steel-toed safety shoes will receive $225 toward the purchase of shoes in their first paycheck; for employees hired on or after December 1, they shall not receive an additional $225 in the first quarter.

ARTICLE 40 – UNIFORMS
4001 Designated personnel as determined by the Human Resources Director shall be furnished and shall wear designated uniforms in accordance with regulations established by the Human Resources Director.

The City shall report (for “classic” members, but not “new” members per Title 2 California Code of regulations section 571(a)(5) as defined by the Public Employees’ Pension Reform Act of 2013) to CalPERS the monetary value of uniforms and uniform maintenance for those employees required to wear uniforms.

The monetary value by classification is listed in Exhibit A, entitled “UNIFORM ALLOWANCE.”
Uniform allowance is defined as compensation paid or the monetary value for the purchase, rental and/or maintenance of required clothing, including clothing made from specially designed protective fabrics, which is a ready substitute for personal attire the employee would otherwise have to acquire and maintain, excluding items that are solely for personal health and safety such as safety shoes.

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ARTICLE 41 – HEALTH AND CAFETERIA PLAN
4101 A. The City contracts with the California Public Employees Retirement System for participation under the Public Employees Medical and Hospital Care Act, for the purpose of providing medical insurance benefits for employees and qualifying annuitants.

B. The City’s maximum contribution for eligible employees for a Health Benefits Plan shall not exceed $435 per month.

C. For SMA members employed by the City as a full-time or designated parttime employee and who retire under the City’s retirement, the maximum City contribution toward health plan coverage shall be equal to $435 per month. 4102 A. The City shall maintain in accordance with Section 125 of the IRS Code, a Cafeteria Plan, for the purpose of providing employees with access to various health and welfare benefits. Benefits available through the Cafeteria Plan include but are not limited to:
• Group Health Plan Medical Premiums
• Flexible Spending Account for Dependent Care
• Flexible Spending Account for Medical Expenses
• Voluntary Optional Life Insurance Premiums
• Voluntary Optional Critical Illness and Cancer Insurance Premiums B. Effective January 1, 2023, the City’s contribution to the Cafeteria Plan per each full-time and designated part-time eligible employee shall be $980 per month.

Effective January 1, 2024, the City’s contribution to the Cafeteria Plan per each full-time and designated part-time eligible employee shall be $1,155 per month.

Effective January 1, 2025, the City’s contribution to the Cafeteria Plan per each full-time and designated part-time eligible employee shall be $1,330 per month.

C. Effective January 1, 2023, eligible employees who opt out or do not fully utilize the City’s $435 per month contribution toward health benefits and/or the City’s Cafeteria Plan contribution of $980 per month will receive cashback of unused premiums to a maximum of $700 per month. That is, if the employee’s combined utilization of the $435 Health Benefit Contribution plus the City’s Cafeteria Plan contribution of $980 is less than $700, then the difference between the employee utilization and the $700 is eligible for cash-back. If the employee’s combined utilization exceeds $700, then there shall be no cash-back. Employees may only opt out of health benefits and receive cash-back if they provide proof of minimum essential coverage (other than coverage in the individual market, whether or not obtained through Covered California).

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D. Effective January 1, 2024, eligible employees who opt out or do not fully utilize the City’s $435 per month contribution toward health benefits and/or the City’s Cafeteria Plan contribution of $1,155 per month will receive cashback of unused premiums to a maximum of $700 per month. That is, if the employee’s combined utilization of the $435 Health Benefit Contribution plus the City’s Cafeteria Plan contribution of $1,155 is less than $700, then the difference between the employee utilization and the $700 is eligible for cash-back. If the employee’s combined utilization exceeds $700, then there shall be no cash-back. Employees may only opt out of health benefits and receive cash-back if they provide proof of minimum essential coverage (other than coverage in the individual market, whether or not obtained through Covered California).

E. Effective January 1, 2025, eligible employees who opt out or do not fully utilize the City’s $435 per month contribution toward health benefits and/or the City’s Cafeteria Plan contribution of $1,330 per month will receive cashback of unused premiums to a maximum of $700 per month. That is, if the employee’s combined utilization of the $435 Health Benefit Contribution plus the City’s Cafeteria Plan contribution of $1,330 is less than $700, then the difference between the employee utilization and the $700 is eligible for cash-back. If the employee’s combined utilization exceeds $700, then there shall be no cash-back. Employees may only opt out of health benefits and receive cash-back if they provide proof of minimum essential coverage (other than coverage in the individual market, whether or not obtained through Covered California).

F. All full-time employees initially hired by the City on or after July 1, 2019, who opt out or do not fully utilize the City’s $435 per month contribution toward health benefits and/or the City’s Cafeteria Plan contribution will receive cash-back of unused premiums up to a maximum of $350 per month. That is, if the employee’s combined utilization of the $435 Health Benefit Contribution plus the City’s Cafeteria Plan contribution is less than $350, then the difference between the employee utilization and the $350 is eligible for cash-back. If the employee’s combined utilization exceeds $350, then there shall be no cash-back. Employees may only opt out of health benefits and receive cash-back if they provide proof of minimum essential coverage (other than coverage in the individual market, whether or not obtained through Covered California).
4103 The City will pay 100% of any increased dental insurance premiums for employees and dependents with no opt out or cash back provisions. 4104 The City will pay 100% of the increased premiums for vision insurance for employees and dependents, life insurance ($100,000 policy) for employees, and dependent life insurance ($5,000) for dependents with no opt out or cash back provisions.

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4105 The City will pay 100% of the increased premiums for Long Term Disability (LTD) for employees with no opt out or cash back provisions. The core benefit for LTD is 66 2/3%.
4106 The City will pay 100% of the increased fees for the monthly administrative fee for an employee to be enrolled in the Section 125 plan.
4107 Employees may elect to be covered by additional (optional) life insurance.

Employees shall pay the full amount for premium costs for any additional (optional) life insurance they may elect to receive.
4108 The City will pay the full costs of the Employee Assistance Program for employees and dependents with no opt out or cash back provisions. 4109 Domestic partners and their children are included in the definition of dependents for the purposes of this Section.

ARTICLE 42 – RETIREMENT
4201 The City shall contract with the California Public Employees’ Retirement System (PERS) to provide Section 21258.4 for classic members (2% at 55). 4202 The City shall contract with PERS to provide a benefit commonly referred to as single highest year for classic members (Section 20042). 4203 The City shall contract with PERS to provide the “Fourth Level” of 1959 Survivor Benefits.
4204 The City shall contract with PERS to provide Section 21024 (Military Service Credit as Public Service) with continuous active military or merchant marine service time prior to employment with the City.
4205 The City shall contract with PERS to provide Sections 21551 and 21635 regarding survivor benefits from retirement, even if the spouse remarries. 4206 The City shall contract with PERS to provide that sick leave not taken or cashed out will be credited at 100% on retirement when calculating an employee’s total years of service credit upon retirement from the City.
4207
A. Classic members shall pay 7.0% of the employees’ normal contribution to PERS. Classic members are those employees who do not meet the definition of “new member” under the California Public Employees’ Pension Reform Act of 2013. All such employee contributions toward employee cost of retirement will be made on a pre-tax basis in accordance with Section 414(h)(2) of the Internal Revenue Code.

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B. The City shall pay the employer cost in accordance with the provisions of the contract between the City and PERS.
4208 PURPOSELY LEFT BLANK
4209 The California Public Employees’ Pension Reform Act of 2013 (PEPRA), as it may from time to time exist, shall in its entirety be given full force and effect. Any provision in this MOU which contradicts any provision of PEPRA shall be deemed null and void, with the contrary PEPRA provision(s) being given full force and effect. Therefore, no provision of the PEPRA shall be deemed to impair any provision of this MOU or any MOU, Agreement, Rule or Regulation predating this MOU.

Employees hired on and after January 1, 2013, deemed to be “new members” as defined in Government Code § 7522.04, shall individually pay an initial Member CALPERS contribution rate of 50% of the normal cost rate for the Defined Benefit Plan in which said new member is enrolled, rounded to the nearest quarter of 1%, or the current contribution rate of similarly situated employees, whichever is greater (PEPRA, Government code section 7522.30).
“New members” shall be enrolled in the PEPRA provided for retirement formula

2.0% at 62 (Government Code section 7522.20)(a)). Final pensionable compensation (as defined for new members in Government Code section 7522.34) shall be determined by reference to the highest average annual pensionable compensation earned during a period of at least 36 consecutive months (Government Code section 7522.362(a)).

ARTICLE 43 – COMPUTER LOAN PROGRAM
See applicable Administrative Policy No. 16.007.

ARTICLE 44 – DEFERRED COMPENSATION
4401 The City agrees to contribute 3% of annual salaries for employees into a 401A Deferred Compensation Plan. The City agrees to match an additional 1.0% contribution from the employee for a total City contribution of 4.0% and employee contribution of 1.0%. The employee contributions are voluntary and the City will only match the employee’s contributions.

ARTICLE 45 – RETIREE HEALTH SAVINGS PLAN
4501 Senior Management Association Retiree Health Savings Plan Contributions A. Direct Employer Contribution:
a. Mandatory Contribution: An annual contribution shall be made during the first pay period after July 1 of each year and shall equal the amount as set forth in Article 47, currently $400 per year.

B. Mandatory Employee Leave Contribution:

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a. Miscellaneous Leave: An annual contribution shall be made on December 31 of each year and shall equal the employee’s current hourly rate times the hours of unused miscellaneous leave as of the end of the first pay period after December 1, up to a maximum of 20 hours.
b. Annual Leave: An annual contribution shall be made on the last pay period of June each year and shall equal the employee’s current hourly rate times the hours of unused annual leave in excess of 860 hours. Upon retirement or separation from service, a contribution equal to the employee’s current hourly rate times the hours of unused annual leave over 860 hours will be contributed to the plan.

C. The account shall be 100% vested at all times.

D. Forfeiture Provision: Upon the death of a SMA employee without a spouse or eligible dependent, assets shall remain in the Trust to be reallocated among all Plan Participants based upon Participant account balances.

E. During the life of this agreement, SMA may meet and adopt by a majority vote different parameters for their RHS plan.

ARTICLE 46 – TUITION REIMBURSEMENT POLICY
See applicable Administrative Policy No. 16.008.

ARTICLE 47 – EMPLOYEE DISCRETIONARY CONTRIBUTION
4701 Effective the first pay period in July, City agrees to provide each full time employee $400 per year. These funds shall be made available to each employee to be deposited in the SMA Retiree Health Savings Plan (See Article 45).

ARTICLE 48 – DPT BENEFITS – PURPOSELY LEFT BLANK
ARTICLE 49 – EMPLOYEE RIDESHARE
See applicable Administrative Policy No. 16.009.

ARTICLE 50 – EMPLOYEE STATUS
5001 Objective of Probationary Period: The probationary period is part of the selection process and shall be utilized for closely observing the employee’s job-related performance and conduct to insure the most effective adjustment of a new employee to a position.
5002 Permanent Appointment Following Probationary Period:

A. All original and promotional appointments shall be tentative and subject to a probationary period of one year actual service.

B. If approved by the Human Resources Director, the Department Head may extend such probationary period for unit employees up to a maximum of six additional months.

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C. If the service of the probationary employee has been satisfactory to the Department head, then the Department Head shall file with the Human Resources Director a statement in writing to such effect and stating that the retention of such employee in the service is desired.

D. If the services of the probationary employee have not been satisfactory to the Department Head, the Department Head will notify the employee and the Human Resources Director prior to the end of probationary period that they have not successfully completed the probationary period.

E. Failure to notify the employee prior to the end of their probationary period that their services are satisfactory will result in the employee being denied permanent status and will have been deemed to have failed probation. 5003 Release of Probationer: During the probationary period an employee may be released by the Department Head at any time without cause and without the right of appeal. Notification of such release shall be served on the probationer. 5004 Release of Promotional Probationer: Promoted employees who fail their probationary period, except if the cause warrants action to dismiss from the City service, shall return to the position in which they held permanent status, if vacant, or any other vacant position in their former classification within their department unless all positions in that classification are filled. 5005 Upon a return to their former position in the same department, the employee shall not serve a new probationary period provided they have completed the probationary period in their former position. In the absence of such vacancy in the department in which they held permanent status, such probationary employees shall have the right to either:

A. Be placed on a reemployment list;
B. Accept a voluntary demotion to a lower vacant classification within the same classification series within the department in which they held permanent status, with the right to be restored to their original classification when the first vacancy occurs within their department.
5006 The employees need not serve a new probationary period if they accept a voluntary demotion to their former position in the same department. 5007 When employees take a demotion to a lower related classification in which a probationary period has not previously been served, such employees shall be required to begin a new probationary period.

ARTICLE 51 – DISCIPLINARY ACTIONS
5101 Standards of Conduct and Performance: Grounds for disciplinary action include but are not limited to such conduct or omissions as incompetence, inefficiency, dishonesty, fraud in securing employment, insubordination, failure to fully and satisfactorily perform duties, failure to comply with or abuse of the City departmental rules, regulations or directives, or relevant provisions in Agreement, Item No.7Y
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absence or tardiness without authorization, abuse of leave articles, intoxication or use of intoxicants on duty, being under the influence of or use of unlawful drugs or narcotics on duty, conviction of a felony or misdemeanor involving moral turpitude, discourteous treatment of the public or other employees, misuse of City property or facilities, chronic or excessive absenteeism or tardiness, unauthorized use of or falsification of records or documents, and any other failure of good behavior or acts which are incompatible with or inimical to City service. 5102 Disciplinary Actions: Disciplinary actions are suspensions without pay, reduction in pay, demotions and dismissals imposed for reasons of punishment. Actions taken due to layoffs are not disciplinary actions, nor are performance evaluations or written reprimands.
5103 Nothing provided herein shall permit or cause an exempt employee to be suspended without pay for less than one work period except in the case of violations of a workplace conduct rule, where the discipline is imposed in good faith and the disciplinary suspension is imposed pursuant to a written policy that is applicable to all employees.
5104 Imposing Disciplinary Actions: Disciplinary actions will be determined by the City Manager, Department Head or designee.
5105 Resignation to Avoid Dismissal:

A. When a Department Head or designee intends to impose a disciplinary dismissal, the employee without coercion may be afforded the option to choose to resign to avoid dismissal.

B. The decision to resign in lieu of discharge must be voluntary and the employee is allowed a full day in which to exercise this option.

C. The Department Head or designee must inform the employee of the consequences of resignation.

D. An employee who resigns loses the right of appeal. Their resignation cannot be withdrawn after acceptance by the Department Head and the employee shall be ineligible for future employment with the City.

E. The Personnel Action form separating the employee shall state “resignation in lieu of discharge”.
5106 Relief from Duty:

A. A Department Head may, upon approval from the Human Resources Director, relieve an employee from duty with pay.

B. Such relief from duty may occur in order to maintain employee morale, safety or security of the workplace during an investigation to determine appropriate action concerning an employee.

C. If, as the result of an investigation, it is determined that the affected employee was without fault, any reference to the fact that the employee was relieved from duty pursuant to this section shall be deleted from the employee’s personnel file.

Item No.7Y
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5107 Disciplinary Procedure:

A. A permanent employee against whom disciplinary action is instituted by the Department Head or designee shall be given written notice at least five (5) calendar days prior to the effective date of the action informing the employee of the intended action, the ground or grounds therefore, the employee’s acts or omissions that form the basis for the cause(s), informing the employee that any documents or materials giving rise to the action are attached to the written notice, and informing the employee that he/she may respond to the Department Head orally or in writing prior to the intended effective date of the action.

B. After the notice and the employee’s timely response, if any, the Department Head shall implement, modify or not implement such action as the Department Head deems appropriate, and shall so notify the employee. 5108 Disciplinary Appeals:

A. Disciplinary actions may be appealed by a permanent employee by filing a written request to the City Manager within five (5) calendar days of the day of the Department Head’s final decision, setting forth the basis of such an appeal.

B. The City Manager or designee shall conduct a hearing or may appoint an outside hearing officer to conduct such hearing.

C. The date for the hearing shall be scheduled within thirty (30) calendar days of receipt of the employee’s request as provided above, to commence as soon as can be expeditiously arranged.

D. The affected employee may be represented by an attorney or any other representative of their choosing.

E. The City Manager, designee or hearing officer shall give all appropriate and relevant parties a reasonable opportunity to be heard on relevant issues.

F. The formal rules of evidence utilized in judicial proceedings shall not apply to such hearings.

G. The City Manager or designee shall utilize such rules and procedures that he/she deems appropriate.

H. The right of cross-examination shall be provided to all parties concerned.

I. The City Manager or designee shall not be precluded from making an independent investigation outside the context of the hearing.

J. Any relevant information which is considered in reaching a decision shall be disclosed in the hearing and the parties thereto shall be given an opportunity to respond.

K. If the hearing is conducted by a designee of the City Manager, written findings and recommendations to the City Manager shall be prepared to affirm, modify or reverse the action with copies to the employee or representative, the Department Head and/or representative.

L. The decision of the City Manager to affirm, modify or reverse the action shall be expeditiously made and notice shall be served upon the affected employee or representative, the affected Department Head and/or representative.

Item No.7Y
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M. The decision of the City Manager shall be final and conclusive.

ARTICLE 52 – DRIVER’S LICENSE
5201 For those positions that require a valid California driver’s license, an employee whose driver’s license has been revoked, suspended or restricted must inform their first line supervisor before the start of the employee’s next work shift. 5202 If an employee whose job description mandates a valid, unrestricted driver’s license, has the driver’s license and/or other required driving documents restricted, revoked or suspended for medical reasons, they must do the following or be subject to discipline up to and including termination:

A. Notify their supervisor of the restriction, revocation or suspension of the driver’s license and/or medical examiner’s certificate before the start of their next work period.

B. Provide the City with an original copy (no photocopies) of the DMV report. 5203 It is the employee’s responsibility where a valid driver’s license is a job mandate, to renew their driver’s license or medical examiner’s certificate and appropriate insurance prior to expiration, including taking and passing the required physical examination.
5204 The City will continue to pay for the cost of renewing the employee’s commercial driver’s license and medical examiner’s certificate.
5205 It is further the employee’s responsibility to keep the required license and medical examiner’s certificate in their possession when driving a City vehicle. 5206 Failure to satisfy these requirements may result in disciplinary action, up to and including termination.
5207 The City will review the job requirements and operational needs to determine if the employee can perform the essential functions of their position with the “no driving” limitation and without causing an undue hardship to the department. If a temporary accommodation cannot be made, the employee may be subject to retirement and/or separation due to the inability to accommodate.

ARTICLE 53 – GRIEVANCE PROCEDURE
5301 Definition: A grievance shall be defined as an alleged violation of any article of the Agreement between the City and SMA, other written personnel rules and regulations pertaining to wages, hours or other terms and conditions of employment, or provisions of any memoranda of understanding in effect at the time of the alleged violation.
5302 Exclusions: Grievance shall only include matters defined in Section 5301 and specifically shall not include appeals from any disciplinary action, complaints of Item No.7Y
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discrimination, performance reviews or any matter that would require modification of a policy established by the City Council or provided for by law. 5303 First Step – Informal Complaint: Within twenty-one (21) days from the occurrence or from the point the grievant knew or should have known of the matter on which a complaint is based, an employee shall discuss their complaint with their immediate supervisor. Attempts shall be made to resolve all complaints on an informal basis between the employee and their immediate supervisor. 5304 Second Step – Submission of Grievance: If the complaint is not resolved within ten (10) days after the meeting with the employee’s immediate supervisor, the employee shall file within five (5) days a written grievance with the Department Head. A grievance shall not be deemed to be properly filed unless it is signed by the employee and includes all of the following:

A. A full description of the grievance and how the employee was adversely affected;
B. The provisions of the MOU or written personnel policies alleged to have been violated;
C. The date of the incident grieved; and
D. The specific remedy or solution to the grievance sought by the employee. 5305 Third Step – Department Head Review: Within ten (10) days upon receipt of the written grievance, the Department Head shall meet with the employee or designated representative. The Department Head shall deliver an answer to the employee or designated representative within ten (10) days of the meeting. 5306 Fourth and Final Step – City Manager Review: If the grievance is not resolved at the third step, the employee shall submit the grievance in writing, to the City Manager, within ten (10) days after the Department Head’s answer is rendered.

The City Manager or designee shall deliver an answer to the employee or representative within ten (10) days of the receipt of the grievance.

In the alternative, the City Manager or designee may meet with the employee or representative within ten (10) days after submission of the grievance. The City Manager or designee shall deliver an answer to the employee or representative within ten (10) days after said meeting.
5307 Final Decision – City Manager: The decision of the City Manager shall be final and conclusive.
5308 Waivers and Time Limits:

A. The time limits prescribed in this article may be extended only upon mutual written agreement of the parties.

B. Should the City fail to respond orally or in writing when required within the specific time limits, the grievance shall automatically proceed into the next step of the grievance procedure.

Item No.7Y
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C. If an employee fails to initiate or appeal any grievance within the specified time limits, the grievance shall be considered resolved on the basis of the employer’s last response and shall be considered waived and abandoned for all purposes.
5309 Reasonable Time Off:

A. Employees are authorized reasonable time off during regular work hours without loss of pay to resolve a grievance.

B. Any employee who wishes to leave their workstation or assignment shall receive prior approval of the Department Head or designee.

C. Time involved in resolving grievances must be reasonable and consistent with operating needs and work schedules of the City.

D. Nothing provided herein shall limit or restrict the City from scheduling meetings before or after an employee’s regular duty or work hours.

ARTICLE 54 – DISCRIMINATION AND HARASSMENT POLICY
See applicable Administrative Policy No. 16.028
ARTICLE 55 – HEALTH & SAFETY
5501 Fitness For Duty Examinations: See applicable administrative policy. 5502 Immunizations – Periodic: The City may provide or require periodic immunizations or inoculations as a condition of continued employment.

ARTICLE 56 – SUBSTANCE ABUSE POLICY
See applicable Administrative Policy No. 16.010.

ARTICLE 57 – E-MAIL POLICY
See applicable Administrative Policy No. 14-4.005.

ARTICLE 58 – EXCEPTIONAL PERFORMANCE AWARD
5801 The exceptional performance award program for employees recognizes exceptional performance within an employee’s class.
5802 Amount and Frequency of Award: Exceptional performance recognition may be granted as a lump sum payment totaling $1,000 after taxes. In no case, shall exceptional performance awards exceed 10% of the bargaining unit annually. 5803 City Manager Approval: The City Manager shall determine if an employee is eligible for an award and the amount of the award.

Item No.7Y
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5804 Procedures for Awards: A Department Head shall be required to make a convincing showing to the City Manager that exceptional performance is being rendered using the following criteria as a general guide. 5805 “Exceptional Performance” means that the employee, on their own initiative and by their own efforts and abilities, rendered service or produced a result(s) far superior to that normally expected of employees in the classification. Exceptional Performance does not include unusual acts or results which are caused by unusual conditions beyond the control of the employee to which they demonstrated a normal reaction under the circumstances.
5806 Following are some examples of the kinds of performances that may be considered as constituting “exceptional performance”.

A. Individually leading and/or playing a key role in the successful accomplishment of City Council priorities or major organizational initiatives.

B. Developing or discovering a concept, technique, practice, or procedure which significantly improves the quality of the service or results in financial savings and is significantly beyond the performance expected of an employee in their classification.

C. Demonstrating ingenuity in the solution of a difficult problem(s), resulting in improvement of service or financial savings.

D. Individual acts of heroism beyond the call of duty.

E. Substantially contributing to the organization’s efficiency and economy, or greatly simplifying work processes.

F. Working with the public with such marked effectiveness as to produce favorable reactions substantially beyond reasonable expectations.

ARTICLE 59 – MANAGEMENT RIGHTS
5901 The City reserves, retains, and is vested with, solely and exclusively, all rights of management, regardless of the frequency of use, which have not been expressly abridged by specific provisions of the Agreement or by law, to manage the City for the citizens of Thousand Oaks as such rights existed prior to the execution of this or any predecessor Agreement.
5902 Without limiting the generality of the foregoing, the City continues to reserve and retain solely and exclusively all rights of management, including those City rights set forth in the Employer-Employee Relations Resolution, and including but not limited to the right:

A. To determine the mission of its constituent departments, commissions, and boards and the services to be rendered thereby;
B. To set standards or service;
C. To determine the procedures and standards of selection for employment, promotion, demotion and layoff;
D. To direct its employees;
E. To take disciplinary action;
Item No.7Y
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F. To relieve its employees from duty because of lack of work or for other legitimate reasons;
G. To maintain the efficiency of governmental operations; H. To determine the methods, means and personnel, including contract and/or part-time personnel, by which government operations are to be conducted; I. To determine the content of job classifications;
J. To take all necessary actions to carry out its mission in emergencies; K. To exercise complete control and discretion over its organization and the technology of performing its work.
5903 The exercise and retention of the City’s exclusive rights enumerated above does not preclude employees or their representatives from meeting and conferring regarding the impact of the exercise of management right on wages, hours, and other terms and conditions of employment.

ARTICLE 60 – ASSOCIATION RIGHTS
6001 SMA shall notify the City in writing of the names of its representatives as follows:

Consultant, Officers, Bargaining Committee Members, and Departmental Representatives.
6002 SMA may select not more than two (2) employee members to attend scheduled meetings with the City Manager or other management officials on subjects within the scope of representation during regular work hours without loss of compensation.
6003 Where circumstances warrant, the City Manager may approve the attendance at such meetings of additional employee representatives with or without loss of compensation.
6004 SMA shall, whenever practicable, submit the names of all such employee representatives to the City Manager at least two working days in advance of such meetings.
6005 No employee representative shall leave their duty or work station or assignment without specific approval of the Department Head or other authorized City management official.
6006 Such meetings may be subject to scheduling by City Management in a manner consistent with operating needs and work schedules.
6007 Nothing provided herein, however, shall limit or restrict City Management from scheduling such meetings before or after regular duty or work hours under appropriate circumstances.

Item No.7Y
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6008 A designated SMA representative shall be entitled to leave their work during working hours without the loss of pay for reasonable periods of time, with prior approval of their supervisor for purposes of reviewing and processing grievances. 6009 SMA staff may have access to members provided that their supervisors are notified prior to a meeting being scheduled and the meetings held will not interfere with work.
6010 The parties hereby incorporate by reference the provisions regarding access to work locations, use of City facilities, use of bulletin boards, availability of data and violation of resolution contained in the Employer-Employee Relations Resolution. 6011 SMA agrees that the effective operations of the City departments are not to be adversely affected by Association business. Time for meet-and-confer preparation and meetings and/or attendance at special meetings called by the City shall not be charged against the employee.
6012 Employee Rights: The City shall not hinder, interfere, intimidate, restrain, discriminate, coerce, or discipline any employee for exercising any rights or benefits provided in this Agreement or law.

Item No.7Y
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ARTICLE 61 – SIGNATURE PAGE
City of Thousand Oaks Senior Management Association

Ingrid Hardy Date Nader Heydari Date
Assistant City Manager President, SMA

Jaime Boscarino Date Tara Tosatto Date
Finance Director Vice President, SMA

Laura Drottz Kalty Date Tracey Stockton Date
Lead Labor Negotiator Secretary, SMA

Item No.7Y
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Exhibit A - UNIFORM ALLOWANCE
SMA Uniforms - Amounts reports to CalPERS
Please note: These are not direct payments to employees.

Building Inspection Supervisor $ 7.74
Fleet Services Supervisor $ 10.04
Laboratory Supervisor $ 10.44
Landscape Maintenance Supervisor $ 10.04
Public Works Superintendent $ 10.44
Street Maintenance Supervisor $ 10.04
Utilities Maintenance Supervisor $ 10.04
Utilities Superintendent $ 2.06
Water Quality Supervisor $ 12.78
WWTP Maintenance Supervisor $ 9.72
WWTP Operations Supervisor $ 13.86
Item No.7Y
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Index
A
ADMINISTRATIVE LEAVE.............................................................................................. 6 ANNUAL LEAVE........................................................................................................... 27 ASSOCIATION RIGHTS ............................................................................................... 49 B
BEREAVEMENT LEAVE............................................................................................... 32 BILINGUAL PAY ........................................................................................................... 23 C
CALL-OUT .................................................................................................................... 23 CATASTROPHIC LEAVE POLICY ............................................................................... 33 CELL PHONE STIPEND............................................................................................... 23 CIVIL DEFENSE LEAVE............................................................................................... 36 CLASSIFICATIONS COVERED...................................................................................... 4 CODE OF ETHICS........................................................................................................ 11 COMPUTER LOAN PROGRAM ................................................................................... 40 D
DEFERRED COMPENSATION .................................................................................... 40 DEFINITIONS ................................................................................................................. 7 DISCIPLINARY ACTIONS ............................................................................................ 43 DISCRIMINATION AND HARASSMENT POLICY........................................................ 47 DPT BENEFITS ............................................................................................................ 41 DRIVER’S LICENSE..................................................................................................... 45 E
E-MAIL POLICY............................................................................................................ 48 EMPLOYEE DISCRETIONARY CONTRIBUTION........................................................ 41 EMPLOYEE RIDESHARE............................................................................................. 41 EMPLOYEE STATUS ................................................................................................... 42 EXCEPTIONAL PERFORMANCE AWARD.................................................................. 48 F
FAMILY LEAVE AND MEDICAL LEAVE....................................................................... 32 Item No.7Y
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G
GRIEVANCE PROCEDURE ......................................................................................... 46 H
HEALTH & CAFETERIA PLAN ..................................................................................... 37 HEALTH & SAFETY...................................................................................................... 47 HOLIDAY ...................................................................................................................... 25 I
INDUSTRIAL ACCIDENT LEAVE................................................................................. 32 INTEGRATION................................................................................................................ 3 J
JURY AND WITNESS DUTY POLICY.......................................................................... 33 L
LAYOFF AND REEMPLOYMENT................................................................................. 12 LEAVE OF ABSENCE POLICY .................................................................................... 34 M
MANAGEMENT RIGHTS.............................................................................................. 48 MATERNITY LEAVE..................................................................................................... 30 MILITARY DUTY LEAVE .............................................................................................. 33 N
NIGHT DIFFERENTIAL ................................................................................................ 23 NON-DISCRIMINATION ................................................................................................. 4 O
ON-CALL....................................................................................................................... 23 OUT OF CLASS ASSIGNMENT ................................................................................... 22 OVERTIME ................................................................................................................... 23 P
PERSONAL COURT APPEARANCE ........................................................................... 33 PURPOSE....................................................................................................................... 3 Item No.7Y
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R
RECOGNITION............................................................................................................... 3 RECRUITMENT, SELECTION & CLASSIFICATION .................................................... 11 REINSTATEMENT POLICY.......................................................................................... 11 RENOGOTIATIONS........................................................................................................ 3 RETIREE HEALTH SAVINGS PLAN ............................................................................ 41 RETIREMENT............................................................................................................... 39 S
SAFETY SHOES........................................................................................................... 36 SALARY........................................................................................................................ 16 SEVERABILITY............................................................................................................... 4 SICK LEAVE ................................................................................................................. 30 SIGNATURE PAGE ...................................................................................................... 51 STAGE WORKER......................................................................................................... 23 SUBSTANCE ABUSE POLICY..................................................................................... 47 T
TERM.............................................................................................................................. 3 TRANSFER................................................................................................................... 12 TUITION REIMBURSEMENT POLICY ......................................................................... 41 U
UNIFORMS................................................................................................................... 36 W
WORK SCHEDULES.................................................................................................... 24 Item No.7Y
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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

THOUSAND OAKS ESTABLISHING NEW SALARY SCHEDULE

FOR SENIOR MANAGEMENT, CONFIDENTIAL, AND

SUPERVISORY EMPLOYEES (SENIOR MANAGEMENT
ASSOCIATION – SMA) AND RESCINDING RESOLUTION NO.
2022-035
WHEREAS, Senior Management Association (SMA) classification salary ranges were previously established by Resolution No. 2022-035; and WHEREAS, MOU provisions require that classification salary ranges be adjusted to incorporate salary adjustments.

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

SECTION 1. This resolution shall rescind and supersede Resolution No. 2022-035.

SECTION 2. The attached Salary Schedule (Exhibit A) be adopted which provides in part:

1. Range adjustments of 5.0 percent for all classifications in this unit at the 100 percent comparatio midpoint effective July 8, 2023.

2. Adds new classification “Guest Services Manager”, range 671.

3. Retitles the Disaster Services Program Coordinator to Emergency Program Administrator.

ATTACHMENT #6
Item No.7Y
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SECTION 3. Be it further resolved that the provisions of this Resolution shall become operative and in full force from and after July 8, 2023.

PASSED AND ADOPTED this 20th day of June, 2023, by the following vote:

Ayes:

Noes:

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

Office of the City Attorney
Tracy M. Noonan, 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.7Y
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Item No.7Y
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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

THOUSAND OAKS ESTABLISHING NEW SALARY

SCHEDULE FOR HOURLY EMPLOYEES AND
RESCINDING RESOLUTION NO. 2022-036
WHEREAS, Hourly Employee salary ranges were included in resolutions regarding General, Professional and Senior Management employees; and WHEREAS, it is proposed to establish a separate resolution only for Hourly Employees that mirrors adjustments provided to other City employees; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Thousand Oaks as follows:

SECTION 1. This resolution shall rescind and supersede Resolution No. 2022-036 as to Hourly Employees.

SECTION 2. The attached Salary Schedule (Exhibit A) be adopted.

SECTION 3. The provisions of this Resolution shall become operative and in full force from and after July 8, 2023.

PASSED AND ADOPTED this 20th day of June, 2023, by the following vote:

Ayes:

Noes:

Absent:
______________________________________
Kevin P. McNamee, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
____________________________________________
Laura B. Maguire, City Clerk
Date Attested: ___________________
ATTACHMENT #7
Item No.7Y
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APPROVED AS TO FORM:

Office of the City Attorney
Tracy M. Noonan, 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.7Y
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Item No.7Y
TO: Andrew P. Powers, City Manager
FROM: Ingrid Hardy, Assistant City Manager
DATE: June 20, 2023
SUBJECT: Project Homekey Update
RECOMMENDATION:

1. Adopt resolution authorizing the transfer of ownership of 12 Conejo Boulevard from Shangri-La LLC to 12 Conejo LP and approve amendment of the standard agreement for Homekey funds with the Department of Housing and Community Development to reflect said transfer.

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

FINANCIAL IMPACT:

No Additional Funding Requested. Staff time to prepare required documents for the amendment is included in the Adopted FY 2022-23 General Fund Budget.

BACKGROUND:

The State of California has committed unprecedented financial resources to combat homelessness and support temporary and permanent supportive housing through the Project Homekey program.

On January 25, 2022, City Council authorized the City to jointly apply for Project Homekey grant funds in the amount of $28,000,000 with Shangri-La Industries, LLC (SLI) and Step Up on Second Street, Inc. (Step Up) to convert the Quality Inn and Suites, located at 12 Conejo Boulevard, into 77 units of permanent supportive housing.

The City, SLI, and Step Up successfully secured the grant and, on September 2, 2022, entered into a Standard Agreement (21-HK-17425) for Homekey Funds totaling $26,744,713 with the Department of Housing and Community Development (HCD).

Item No.7Z
Project Homekey Update
June 20, 2023

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DISCUSSION/ANALYSIS:

After execution of the standard agreement, SLI transferred ownership of the property to a Limited Partnership (12 Conejo LP). The exclusive business and purpose of the partnership is for the construction, ownership, financing, maintenance, and operation of the improvements located at 12 Conejo Boulevard.

Although the City is not a party listed in this Limited Partnership, we are a party to the standard agreement with HCD for the Homekey project. Since the ownership of the property was transferred after the execution of the Standard Agreement, HCD requires resolutions (Attachment #1) from each entity authorizing the transfer of the ownership and approval of the amendment to the Standard Agreement to add 12 Conejo LP as a party to that agreement. This is a clean-up item and does not represent any substantive change to any part of the project or the agreement.

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.

D. Maintain strong commitment to public safety (including Police, Fire, Emergency Medical Services, and Emergency Management) to ensure City remains one of the safest Cities in the United States with a population over 100,000.

PREPARED BY: Ingrid Hardy, Assistant City Manager
Attachments:

Attachment #1 – Resolution
CMO: 585-50\wl\H:\COMMON\City Council\Council Items\2023 Staff Reports\062023\062023 Project Homekey Update Staff Report.docx
Item No.7Z
ATTACHMENT #1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF THOUSAND OAKS AUTHORIZING THE TRANSFER
OF OWNERSHIP OF 12 CONEJO BOULEVARD TO 12

CONEJO LP AND APPROVING AMENDMENT OF THE

STANDARD AGREEMENT FOR HOMEKEY FUNDS

WITH THE STATE DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT TO ADD 12 CONEJO LP

AS A CO-GRANTEE
WHEREAS, The State Department of Housing and Community
Development (“Department”) has issued a Notice of Funding Availability, dated September 9, 2021 (“NOFA”), for the Homekey Program (“Homekey” or “Program”). The Department has issued the NOFA for Homekey grant funds pursuant to Health and Safety Code section 50675.1.3 (Assem. Bill No. 140 (2021- 2022 Reg. Sess.), § 20.); and
WHEREAS, on January 25, 2022, the City Council granted authority to the City Manager to execute a standard agreement and any and all other documents with the Department as deemed necessary or appropriate to secure Homekey funds; and
WHEREAS, on or about September 8, 2022, the City of Thousand Oaks, Shangri-La Industries, LLC, Step Up on Second Street, Inc. and the Department entered into a Standard Agreement (21-HK-17425) for Homekey Funds totaling $26,744,713 (“Standard Agreement”) for the purchase and rehabilitation of 12 Conejo Boulevard, Thousand Oaks, California (“the Property”); and WHEREAS, after execution of the Standard Agreement, ownership of the Property was transferred from Shangri-La Industries, LLC to 12 Conejo LP; and WHEREAS, on or about May 1, 2023, 12 Conejo LP, as owners of the Property, accepted transfer of the Standard Agreement and agreed to be subject to the terms and conditions specified therein; and
WHEREAS, the City of Thousand Oaks wishes to authorize the transfer of ownership and approve the amendment of the Standard Agreement to add 12 Conejo LP as a co-grantee.

Item No.7Z
NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Thousand Oaks does hereby:

1. Accept the transfer of ownership of the Property from Shangri-La Industries, LLC to 12 Conejo LP.

2. Approve the amendment of the Standard Agreement to add 12 Conejo LP as a Co-Grantee.

PASSED AND ADOPTED this 20th day of June, 2023, by the following vote:

Ayes:

Noes:

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

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

CMO: 585-50\wl\H:\COMMON\City Council\Council Items\2023 Staff Reports\062023\062023 Project Homekey Update Attch 1.docx
Item No.7Z
TO: Andrew P. Powers, City Manager
FROM: Tracy M. Noonan, City Attorney
DATE: June 20, 2023
SUBJECT: Transition to District Elections Hearing #3 - District Boundary Maps and Sequencing of Elections
RECOMMENDATION:

1. Receive report from National Demographics Corporation (NDC) on draft maps proposed to date, process for obtaining public input on draft maps and potential sequencing for district-based elections pursuant to Elections Code Section 10010.

2. Conduct public hearing to receive public input on district boundaries and sequencing of elections.

3. Provide direction to the City’s demographics consultant on any modifications to one or more proposed district maps and potential election sequencing to implement district-based elections.

4. 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 report is included in the Adopted FY 2022-23 General Fund Budget.

BACKGROUND:

The City 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 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 councilmember who resides in the district and is chosen by the electors residing in that particular district.

Item No.8A
Transition to District Elections Maps & Sequencing
June 20, 2023

Page 2 ends

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.

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, 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 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.

On May 9, 2023, and May 16, 2023, City Council conducted the first and second public hearings. During the public hearings, City Council received a presentation by NDC on the mapping process and allowed for public comments to be heard on the transition from at-large to district-based elections for members of City Council.

Additionally, the City held two public workshops; one virtual on May 11, 2023, and one in-person on June 3, 2023.

DISCUSSION/ANALYSIS:

The next step in the transition process is to hold 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. This public hearing completes the first of the two additional public hearings. The next public hearing is scheduled for July 11, 2023.

Both NDC and members of the public have submitted draft district maps and sequences of elections for City Council consideration (Attachment #1). The maps submitted by the public are numbered (101-111), whereas the maps submitted by the demographer are labeled with colors (Orange, Yellow, Green). The purpose of this public hearing is to receive a report from NDC regarding all the submitted draft district maps, receive public input on this process, and select two to four focus Item No.8A
Transition to District Elections Maps & Sequencing
June 20, 2023

Page 3 ends

maps prior to the July 11, 2023, public hearing. These draft maps and the accompanying population and demographic data are available on the project website at maptoaks.org, which is linked on the City’s website.

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.

The deadline for members of the public to submit their own draft district maps prior to this meeting was June 6, 2023. Any draft district maps submitted after the initial deadline will be available on the project website at maptoaks.org and will be considered at a future public hearing. City Council is not being asked to consider those draft maps at this time. City Council consideration of those draft maps will occur at the July 11, 2023, City Council meeting.

Next Steps
The City will hold two additional workshops for members of the community to provide feedback on the draft maps. A virtual workshop will be held via Zoom on June 22, 2023, and an in-person workshop will take place on June 24, 2023, at the Borchard Community Center.

At the July 11, 2023, City Council Meeting, City Council will conduct Public Hearing #4 to seek public input on how the districts should be drawn, sequencing of elections, and select the final map for implementation by introducing the proposed Item No.8A
Transition to District Elections Maps & Sequencing
June 20, 2023

Page 4 ends

ordinance to change to a district-based election. The deadline to submit maps for the July 11, 2023, public hearing is June 27, 2023, to afford NDC time to post the maps to the project website and meet the seven-day requirement no later than July 4, 2023. The second reading and adoption of the ordinance is scheduled for July 18, 2023. However, if City Council makes further changes to the district plan prior to the ordinance introduction, there will need to be an additional public hearing to comply with the seven-day posting requirement. The City’s 90-day litigation protection deadline is July 24, 2023, therefore, it is imperative to stay on schedule to avoid legal challenges and financial risk.

Community Outreach: To engage the community, City staff launched a full marketing campaign. Staff created a dedicated website on the districting process, which is currently featured on the City website’s home page and at maptoaks.org.

Staff has conducted community outreach via email, print signage, social media, water bill inserts, City newsletters, and announcements at City Council meetings.

Public hearing notices are published in the Ventura County Star. The City also established a specific email address for members of the public wishing to submit feedback via email, which is: [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 them of 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 – Draft Maps
CCD:630-20 650-40\lmndc\h:\common\elections\Disrict Elections\March\StaffRpts\062023 Dist Elec 3rd PH SR.docx Item No.8A
ATTACHMENT #1
Thousand Oaks Districting 2023
Public Map 101
Election Sequence – Proposed
2024: Districts 4 (Adam and McNamee) and 5 (vacant)
2026: Districts 1 (Taylor), 2 (Engler), and 3 (Newman)
National Demographics Corporation June 6, 2023
Item No.8A
Public 101
District 1
25,975
548
2 25,851
424
3 25,566
139
4 24,940
-487
-1.92%
11%
74%
2%
5 24,802
-625
-2.46%
43%
44%
2%
Total
127,134
1,173

4.61%
20%
63%
2%
Total Pop
Deviation from ideal
% Deviation 2.16%

13.2%
67%
1%

1.67%
17%
63%
2%

0.55%
15%
66%
2%
% Hisp
% NH White
% NH Black
Total Pop
% Asian-American
Total
14%
20,262
12%
70%
1%
14%
20,954
16%
66%
2%
14%
20,451
14%
69%
2%
10%
20,597
10%
76%
2%
8% 12%
101,845
18%
66%
2%
19,581
39%
48%
2%
% Hisp
Citizen Voting Age Pop % NH White
% NH Black
% Asian/Pac.Isl.

Total
13%
18,710
8%
14%
16,808
10%
9%
13%
18,378
9%
9% 8% 11%
85,938
11%
10%
6%
19,061
6%
12,981
25%
23%
3%
% Latino est.
% Spanish-Surnamed
% Asian-Surnamed
% Filipino-Surnamed
% NH White est.
% NH Black
8% 8% 6%
Voter Registration
(Nov 2020) 6% 6% 8% 4%
1% 1% 1% 1% 1% 1%
83%
1%
81%
1%
82%
1%
87%
2%
71%
1%
82%
1%
Total 17,042
8%
15,075
9%
16,592
8%
17,143
6%
10,929
23%
21%
3%
76,781
10%
9%
% Latino est.
% Spanish-Surnamed
% Asian-Surnamed
% Filipino-Surnamed
% NH White est.
% NH Black
8% 9% 8% 6%
Voter Turnout
(Nov 2020) 6% 6% 7% 4% 5%
1% 1% 1% 1% 1% 1%
84%
1%
82%
1%
83%
1%
87%
2%
73%
1%
82%
1%
Total 12,710
7%
11,588
8%
12,818
7%
13,544
5%
7,450
19%
18%
3%
58,110
% Latino est. 8%
% Spanish-Surnamed
% Asian-Surnamed
% Filipino-Surnamed
% NH White est.
% NH Black est.

Total
7% 7% 6% 5% 8%
Voter Turnout
(Nov 2018) 5% 5% 6% 3% 4%
0% 1% 1% 0% 1% 1%
86%
1%
85%
1%
85%
1%
89%
2%
76%
1%
85%
1%
ACS Pop. Est.

Age
25,348
27%
49%
24%
17%
65%
82%
7%
25,787
26%
51%
23%
17%
56%
79%
11%
6%
24,995
22%
46%
32%
18%
73%
78%
8%
24,772
18%
48%
34%
14%
75%
82%
7%
25,594
24%
56%
20%
24%
44%
63%
30%
3%
126,497
24%
50%
26%
18%
60%
77%
13%
5%
age0-19
age20-60
age60plus
immigrants
Immigration
naturalized
english
spanish
Language spoken at home
Language Fluency
asian-lang 6% 6% 5%
other lang 6% 4% 8% 5% 4% 5%
Speaks Eng. "Less than Very Well"
hs-grad
5% 6% 7% 5% 15%
54%
21%
10%
26%
69%
22%
17%
13%
38%
10%
59%
41%
56%
44%
8%
43%
31%
22%
34%
65%
6%
46%
30%
20%
35%
60%
8%
41%
33%
22%
25%
59%
9%
42%
31%
24%
20%
61%
6%
45%
29%
20%
28%
63%
10%
11%
12%
41%
25%
82%
18%
31%
69%
Education
(among those age 25+) bachelor
graduatedegree
child-under18
employed
Child in Household
Pct of Pop. Age 16+
income 0-25k
income 25-50k
income 50-75k
income 75-200k
income 200k-plus
single family
multi-family
9% 10%
11%
53%
19%
81%
19%
31%
69%
10%
11%
41%
29%
87%
13%
24%
76%
11%
12%
41%
30%
85%
15%
25%
75%
Household Income
Housing Stats
13%
36%
36%
99%
1%
rented 15%
owned 85%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
05/31/2023 11:14 Page 1 of 1
Item No.8A
Thousand Oaks Districting 2023
Public Map 102
Election Sequence – Proposed
2024: Districts 4 (Adam and McNamee) and 5 (vacant)
2026: Districts 1 (Taylor), 2 (Engler), and 3 (Newman)
National Demographics Corporation June 6, 2023
Item No.8A
Public 102
District 1
24,617
-810
-3.19%

12.2%
68%
1%
2 25,703
276
3 25,096
-331
-1.30%
15%
66%
2%
4 25,789
362
5 Total
127,134
1,312

5.16%
20%
63%
2%
Total Pop
Deviation from ideal
% Deviation
25,929
502

1.09%
28%
54%
2%

1.42%
19%
66%
2%

1.97%
25%
59%
2%
% Hisp
% NH White
% NH Black
Total Pop
% Asian-American
Total
14%
19,133
11%
71%
1%
12%
20,568
26%
58%
2%
14%
19,986
14%
68%
2%
10%
21,143
16%
70%
2%
10%
21,015
22%
63%
2%
12%
101,845
18%
66%
2%
% Hisp
Citizen Voting Age Pop % NH White
% NH Black
% Asian/Pac.Isl.

Total
13%
17,953
8%
12%
14,845
14%
13%
6%
13%
18,198
9%
9% 10%
16,808
14%
13%
4%
11%
85,938
11%
10%
6%
18,134
10%
9%
% Latino est.
% Spanish-Surnamed
% Asian-Surnamed
% Filipino-Surnamed
% NH White est.
% NH Black
8% 8%
Voter Registration
(Nov 2020) 6% 7% 4%
1% 1% 1% 1% 1% 1%
84%
1%
78%
2%
81%
2%
84%
1%
80%
2%
82%
1%
Total 16,316
8%
13,156
12%
12%
6%
16,459
8%
16,037
9%
14,813
13%
12%
3%
76,781
10%
9%
% Latino est.
% Spanish-Surnamed
% Asian-Surnamed
% Filipino-Surnamed
% NH White est.
% NH Black
7% 8% 8%
Voter Turnout
(Nov 2020) 6% 7% 4% 5%
1% 1% 1% 1% 1% 1%
84%
1%
79%
2%
82%
2%
85%
1%
81%
2%
82%
1%
Total 12,426
7%
10,152
10%
9%
12,562
7%
12,131
7%
10,839
11%
10%
3%
58,110
% Latino est. 8%
% Spanish-Surnamed
% Asian-Surnamed
% Filipino-Surnamed
% NH White est.
% NH Black est.

Total
7% 7% 7% 8%
Voter Turnout
(Nov 2018) 5% 5% 6% 3% 4%
1% 1% 1% 0% 1% 1%
86%
1%
83%
2%
85%
2%
87%
1%
84%
2%
85%
1%
ACS Pop. Est.

Age
24,304
28%
50%
23%
16%
61%
81%
8%
25,375
27%
49%
24%
20%
50%
75%
16%
6%
25,097
24%
47%
29%
17%
74%
75%
10%
6%
25,858
18%
53%
29%
18%
63%
78%
13%
4%
25,863
22%
51%
27%
18%
56%
75%
16%
4%
126,497
24%
50%
26%
18%
60%
77%
13%
5%
age0-19
age20-60
age60plus
immigrants
Immigration
naturalized
english
spanish
Language spoken at home
Language Fluency
asian-lang 6%
other lang 5% 3% 8% 5% 5% 5%
Speaks Eng. "Less than Very Well"
hs-grad
5% 9% 7% 7% 10%
49%
28%
15%
25%
63%
14%
13%
16%
41%
15%
71%
29%
38%
62%
8%
46%
29%
23%
37%
67%
5%
48%
28%
17%
32%
58%
13%
14%
13%
43%
18%
78%
22%
35%
65%
38%
34%
24%
29%
63%
5%
44%
29%
20%
19%
64%
12%
13%
10%
39%
25%
74%
26%
38%
62%
45%
29%
20%
28%
63%
10%
11%
12%
41%
25%
82%
18%
31%
69%
Education
(among those age 25+) bachelor
graduatedegree
child-under18
employed
Child in Household
Pct of Pop. Age 16+
income 0-25k
income 25-50k
income 50-75k
income 75-200k
income 200k-plus
single family
multi-family
9% 8%
Household Income
Housing Stats
11%
39%
36%
97%
3%
9%
46%
32%
93%
7%
rented 17%
83%
20%
owned 80%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
05/31/2023 11:13 Page 1 of 1
Item No.8A
Thousand Oaks Districting 2023
Public Map 103
Election Sequence – Proposed
2024: Districts 4 (Adam and McNamee) and 5 (vacant)
2026: Districts 1 (Taylor), 2 (Engler), and 3 (Newman)
National Demographics Corporation June 6, 2023
Item No.8A
Public 103
District 1
26,151
724
2 23,958
-1,469
-5.78%
29%
53%
2%
3 25,307
-120
-0.47%
15%
65%
2%
4 26,343
916
5 25,375
-52
Total
127,134
2,385

9.38%
20%
63%
2%
Total Pop
Deviation from ideal
% Deviation 2.85%

12.7%
68%
1%

3.60%
18%
67%
2%
-0.20%
25%
61%
2%
% Hisp
% NH White
% NH Black
Total Pop
% Asian-American
Total
14%
20,339
11%
71%
1%
13%
19,017
26%
57%
2%
15%
20,451
14%
67%
2%
10%
21,670
16%
70%
2%
8% 12%
101,845
18%
66%
2%
20,368
23%
64%
2%
% Hisp
Citizen Voting Age Pop % NH White
% NH Black
% Asian/Pac.Isl.

Total
13%
18,966
8%
13%
14,499
14%
13%
6%
14%
17,125
8%
9% 8% 11%
85,938
11%
10%
6%
18,685
10%
9%
16,663
15%
14%
3%
% Latino est.
% Spanish-Surnamed
% Asian-Surnamed
% Filipino-Surnamed
% NH White est.
% NH Black
8% 8%
Voter Registration
(Nov 2020) 6% 8% 4%
1% 1% 1% 1% 1% 1%
83%
1%
78%
1%
82%
1%
84%
2%
81%
1%
82%
1%
Total 17,225
8%
12,855
13%
12%
6%
15,494
8%
16,560
9%
14,647
13%
12%
3%
76,781
10%
9%
% Latino est.
% Spanish-Surnamed
% Asian-Surnamed
% Filipino-Surnamed
% NH White est.
% NH Black
8% 7% 8%
Voter Turnout
(Nov 2020) 6% 8% 4% 5%
1% 1% 1% 1% 1% 1%
84%
1%
79%
1%
82%
1%
85%
2%
82%
1%
82%
1%
Total 13,044
7%
9,501
10%
9%
11,978
7%
12,619
7%
10,968
11%
10%
2%
58,110
% Latino est. 8%
% Spanish-Surnamed
% Asian-Surnamed
% Filipino-Surnamed
% NH White est.
% NH Black est.

Total
7% 7% 7% 8%
Voter Turnout
(Nov 2018) 5% 5% 6% 4% 4%
1% 1% 1% 0% 1% 1%
86%
1%
82%
1%
85%
1%
87%
2%
85%
1%
85%
1%
ACS Pop. Est.

Age
25,539
27%
50%
23%
16%
62%
81%
8%
23,920
26%
50%
25%
23%
50%
69%
20%
6%
24,245
24%
48%
28%
17%
72%
78%
8%
26,396
19%
51%
30%
19%
64%
78%
12%
5%
26,396
22%
51%
27%
15%
56%
79%
15%
4%
126,497
24%
50%
26%
18%
60%
77%
13%
5%
age0-19
age20-60
age60plus
immigrants
Immigration
naturalized
english
spanish
Language spoken at home
Language Fluency
asian-lang 6% 6%
other lang 5% 5% 8% 5% 3% 5%
Speaks Eng. "Less than Very Well"
hs-grad
5% 11%
43%
30%
18%
32%
63%
14%
14%
15%
39%
18%
75%
25%
36%
64%
7% 8% 8% 8%
46%
29%
23%
36%
67%
5%
39%
34%
23%
27%
61%
9%
41%
30%
23%
19%
64%
12%
13%
9%
56%
25%
13%
27%
60%
11%
13%
12%
48%
15%
80%
20%
33%
67%
45%
29%
20%
28%
63%
10%
11%
12%
41%
25%
82%
18%
31%
69%
Education
(among those age 25+) bachelor
graduatedegree
child-under18
employed
Child in Household
Pct of Pop. Age 16+
income 0-25k
income 25-50k
income 50-75k
income 75-200k
income 200k-plus
single family
multi-family
9% 8%
Household Income
Housing Stats
12%
39%
35%
97%
3%
12%
42%
30%
84%
16%
26%
74%
39%
26%
75%
25%
37%
63%
rented 18%
owned 82%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
05/31/2023 11:12 Page 1 of 1
Item No.8A
Thousand Oaks Districting 2023
Public Map 104
Election Sequence – Proposed
2024: Districts 4 (Adam and McNamee) and 5 (vacant)
2026: Districts 1 (Taylor), 2 (Engler), and 3 (Newman)
National Demographics Corporation June 8, 2023
Item No.8A
Public 104
District 1
26,161
734
2 25,938
511
3 24,534
-893
-3.51%
15%
66%
2%
4 25,699
272
5 24,802
-625
-2.46%
43%
44%
2%
Total
127,134
1,627

6.40%
20%
63%
2%
Total Pop
Deviation from ideal
% Deviation 2.89%

12.7%
68%
1%

2.01%
18%
63%
2%

1.07%
12%
72%
2%
% Hisp
% NH White
% NH Black
Total Pop
% Asian-American
Total
14%
20,341
11%
71%
1%
14%
21,175
16%
66%
2%
14%
19,409
13%
69%
2%
10%
21,339
11%
75%
2%
8% 12%
101,845
18%
66%
2%
19,581
39%
48%
2%
% Hisp
Citizen Voting Age Pop % NH White
% NH Black
% Asian/Pac.Isl.

Total
13%
18,979
8%
13%
16,847
10%
9%
13%
17,719
8%
10%
19,412
7%
8% 11%
85,938
11%
10%
6%
12,981
25%
23%
3%
% Latino est.
% Spanish-Surnamed
% Asian-Surnamed
% Filipino-Surnamed
% NH White est.
% NH Black
8% 8% 7%
Voter Registration
(Nov 2020) 6% 6% 7% 4%
1% 1% 1% 1% 1% 1%
83%
1%
82%
1%
82%
1%
87%
2%
71%
1%
82%
1%
Total 17,238
8%
15,152
9%
16,003
8%
17,459
7%
10,929
23%
21%
3%
76,781
10%
9%
% Latino est.
% Spanish-Surnamed
% Asian-Surnamed
% Filipino-Surnamed
% NH White est.
% NH Black
8% 8% 7% 6%
Voter Turnout
(Nov 2020) 6% 6% 7% 4% 5%
1% 1% 1% 1% 1% 1%
83%
1%
83%
1%
83%
1%
87%
2%
73%
1%
82%
1%
Total 13,053
7%
11,793
7%
12,262
7%
13,552
6%
7,450
19%
18%
3%
58,110
% Latino est. 8%
% Spanish-Surnamed
% Asian-Surnamed
% Filipino-Surnamed
% NH White est.
% NH Black est.

Total
7% 7% 7% 5% 8%
Voter Turnout
(Nov 2018) 5% 5% 6% 3% 4%
1% 1% 1% 0% 1% 1%
86%
1%
85%
1%
85%
1%
89%
2%
76%
1%
85%
1%
ACS Pop. Est.

Age
25,549
27%
50%
23%
16%
62%
81%
8%
25,448
25%
50%
26%
17%
55%
80%
10%
6%
24,301
23%
46%
31%
16%
75%
78%
9%
25,604
19%
48%
33%
15%
76%
82%
7%
25,594
24%
56%
20%
24%
44%
63%
30%
3%
126,497
24%
50%
26%
18%
60%
77%
13%
5%
age0-19
age20-60
age60plus
immigrants
Immigration
naturalized
english
spanish
Language spoken at home
Language Fluency
asian-lang 6% 6% 6%
other lang 5% 4% 7% 6% 4% 5%
Speaks Eng. "Less than Very Well"
hs-grad
5% 6% 6% 5% 15%
54%
21%
10%
26%
69%
22%
17%
13%
38%
10%
59%
41%
56%
44%
8%
46%
29%
23%
36%
67%
5%
45%
31%
20%
30%
57%
10%
10%
13%
46%
21%
78%
22%
31%
69%
42%
33%
22%
28%
60%
6%
40%
33%
24%
20%
62%
7%
45%
29%
20%
28%
63%
10%
11%
12%
41%
25%
82%
18%
31%
69%
Education
(among those age 25+) bachelor
graduatedegree
child-under18
employed
Child in Household
Pct of Pop. Age 16+
income 0-25k
income 25-50k
income 50-75k
income 75-200k
income 200k-plus
single family
multi-family
9% 10%
9%
11%
12%
39%
30%
85%
15%
26%
74%
Household Income
Housing Stats
12%
39%
35%
97%
3%
45%
29%
93%
7%
rented 18%
82%
20%
owned 80%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
06/08/2023 13:39 Page 1 of 1
Item No.8A
Thousand Oaks Districting 2023
Public Map 106
Election Sequence – Proposed
2024: Districts 4 (Adam) and 5 (McNamee)
2026: Districts 1 (Taylor), 2 (Engler), and 3 (Newman)
National Demographics Corporation June 8, 2023
Item No.8A
Public 106
District 1
25,696
269
2 25,675
248
3 25,072
-355
-1.40%
19%
62%
2%
4 24,947
-480
-1.89%
12%
73%
2%
5 25,744
317
Total
127,134
797
Total Pop
Deviation from ideal
% Deviation 1.06%

12.6%
68%
1%

0.98%
25%
57%
2%

1.25%
30%
55%
2%

3.13%
20%
63%
2%
% Hisp
% NH White
% NH Black
Total Pop
% Asian-American
Total
14%
19,971
11%
71%
1%
13%
20,599
23%
60%
2%
14%
19,891
18%
65%
2%
10%
20,715
11%
75%
2%
10%
20,669
27%
59%
2%
12%
101,845
18%
66%
2%
% Hisp
Citizen Voting Age Pop % NH White
% NH Black
% Asian/Pac.Isl.

Total
13%
18,629
8%
12%
15,309
12%
11%
6%
13%
17,384
12%
11%
7%
9% 9% 11%
85,938
11%
10%
6%
18,813
7%
15,803
17%
15%
4%
% Latino est.
% Spanish-Surnamed
% Asian-Surnamed
% Filipino-Surnamed
% NH White est.
% NH Black
8% 6%
Voter Registration
(Nov 2020) 6% 4%
1% 1% 1% 1% 1% 1%
83%
1%
80%
1%
80%
1%
86%
2%
78%
1%
82%
1%
Total 16,931
8%
13,683
11%
10%
6%
15,554
11%
10%
7%
16,970
7%
13,643
15%
14%
4%
76,781
10%
9%
% Latino est.
% Spanish-Surnamed
% Asian-Surnamed
% Filipino-Surnamed
% NH White est.
% NH Black
8% 6%
Voter Turnout
(Nov 2020) 6% 4% 5%
1% 1% 1% 1% 1% 1%
84%
1%
81%
1%
81%
1%
87%
2%
79%
1%
82%
1%
Total 12,756
7%
10,737
9%
11,696
9%
13,261
5%
9,660
13%
12%
3%
58,110
% Latino est. 8%
% Spanish-Surnamed
% Asian-Surnamed
% Filipino-Surnamed
% NH White est.
% NH Black est.

Total
7% 8% 8% 5% 8%
Voter Turnout
(Nov 2018) 5% 5% 6% 3% 4%
1% 1% 1% 0% 1% 1%
86%
1%
84%
1%
84%
1%
89%
2%
82%
1%
85%
1%
ACS Pop. Est.

Age
25,057
27%
50%
23%
16%
62%
81%
8%
25,664
27%
50%
23%
19%
51%
76%
16%
5%
24,612
23%
49%
28%
18%
72%
76%
10%
6%
24,890
18%
48%
34%
15%
75%
81%
7%
26,273
22%
54%
24%
21%
48%
71%
21%
3%
126,497
24%
50%
26%
18%
60%
77%
13%
5%
age0-19
age20-60
age60plus
immigrants
Immigration
naturalized
english
spanish
Language spoken at home
Language Fluency
asian-lang 6% 6%
other lang 5% 3% 8% 6% 4% 5%
Speaks Eng. "Less than Very Well"
hs-grad
5% 8% 8% 5% 12%
50%
24%
14%
24%
64%
19%
15%
11%
40%
14%
61%
39%
49%
51%
8%
46%
29%
23%
36%
67%
5%
47%
29%
18%
33%
60%
12%
10%
14%
46%
18%
77%
23%
35%
65%
44%
32%
20%
28%
63%
7%
39%
33%
24%
19%
61%
7%
45%
29%
20%
28%
63%
10%
11%
12%
41%
25%
82%
18%
31%
69%
Education
(among those age 25+) bachelor
graduatedegree
child-under18
employed
Child in Household
Pct of Pop. Age 16+
income 0-25k
income 25-50k
income 50-75k
income 75-200k
income 200k-plus
single family
multi-family
9% 11%
10%
44%
28%
93%
7%
11%
12%
39%
30%
85%
15%
26%
74%
Household Income
Housing Stats
12%
39%
35%
97%
3%
rented 18%
82%
23%
owned 77%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
06/08/2023 14:23 Page 1 of 1
Item No.8A
Thousand Oaks Districting 2023
Public Map 110
Election Sequence – Proposed
2024: Districts 3 (vacant) and 5 (Adam and McNamee)
2026: Districts 1 (Taylor), 2 (Engler), and 4 (Newman)
National Demographics Corporation June 12, 2023
Item No.8A
Public 110
District 1
24,617
-810
-3.19%

12.2%
68%
1%
2 25,247
-180
-0.71%
27%
55%
2%
3 24,746
-681
-2.68%
23%
63%
2%
4 26,379
952
5 26,145
718
Total
127,134
1,762

6.93%
20%
63%
2%
Total Pop
Deviation from ideal
% Deviation 3.74%
12%
69%
2%

2.82%
26%
59%
2%
% Hisp
% NH White
% NH Black
Total Pop
% Asian-American
Total
14%
19,133
11%
71%
1%
14%
20,003
24%
58%
2%
9% 14%
21,155
10%
72%
2%
10%
21,293
23%
63%
2%
12%
101,845
18%
66%
2%
20,261
21%
66%
2%
% Hisp
Citizen Voting Age Pop % NH White
% NH Black
% Asian/Pac.Isl.

Total
13%
17,953
8%
14%
15,253
12%
11%
6%
8% 13%
19,722
7%
9% 11%
85,938
11%
10%
6%
16,315
14%
13%
4%
16,695
14%
13%
4%
% Latino est.
% Spanish-Surnamed
% Asian-Surnamed
% Filipino-Surnamed
% NH White est.
% NH Black
8% 6%
Voter Registration
(Nov 2020) 6% 8%
1% 1% 1% 1% 1% 1%
84%
1%
79%
2%
81%
1%
84%
1%
80%
2%
82%
1%
Total 16,316
8%
13,586
11%
11%
6%
14,538
13%
12%
4%
17,872
6%
14,469
13%
12%
4%
76,781
10%
9%
% Latino est.
% Spanish-Surnamed
% Asian-Surnamed
% Filipino-Surnamed
% NH White est.
% NH Black
7% 6%
Voter Turnout
(Nov 2020) 6% 7% 5%
1% 1% 1% 1% 1% 1%
84%
1%
80%
2%
82%
1%
85%
1%
81%
2%
82%
1%
Total 12,426
7%
9,890
9%
11,347
10%
10%
3%
13,842
6%
10,605
11%
10%
3%
58,110
% Latino est. 8%
% Spanish-Surnamed
% Asian-Surnamed
% Filipino-Surnamed
% NH White est.
% NH Black est.

Total
7% 8% 5% 8%
Voter Turnout
(Nov 2018) 5% 5% 6% 4%
1% 1% 1% 1% 0% 1%
86%
1%
83%
2%
85%
1%
87%
1%
84%
2%
85%
1%
ACS Pop. Est.

Age
24,304
28%
50%
23%
16%
61%
81%
8%
25,268
27%
51%
22%
23%
49%
70%
19%
6%
24,779
22%
50%
28%
12%
65%
82%
11%
3%
26,336
21%
47%
31%
18%
78%
78%
7%
25,809
20%
52%
28%
20%
53%
73%
17%
5%
126,497
24%
50%
26%
18%
60%
77%
13%
5%
age0-19
age20-60
age60plus
immigrants
Immigration
naturalized
english
spanish
Language spoken at home
Language Fluency
asian-lang 6% 7%
other lang 5% 5% 4% 8% 5% 5%
Speaks Eng. "Less than Very Well"
hs-grad
5% 11%
44%
29%
18%
34%
63%
13%
12%
15%
42%
18%
72%
28%
37%
63%
6% 6% 11%
44%
28%
17%
21%
64%
17%
15%
12%
38%
18%
65%
35%
49%
51%
8%
46%
29%
23%
37%
67%
5%
54%
27%
14%
26%
59%
9%
38%
33%
26%
25%
61%
6%
45%
29%
20%
28%
63%
10%
11%
12%
41%
25%
82%
18%
31%
69%
Education
(among those age 25+) bachelor
graduatedegree
child-under18
employed
Child in Household
Pct of Pop. Age 16+
income 0-25k
income 25-50k
income 50-75k
income 75-200k
income 200k-plus
single family
multi-family
9% 13%
14%
44%
21%
90%
10%
25%
75%
8%
Household Income
Housing Stats
11%
39%
36%
97%
3%
7%
46%
33%
91%
9%
rented 17%
83%
19%
owned 81%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
06/12/2023 11:55 Page 1 of 1
Item No.8A
Thousand Oaks Districting 2023
Public Map 111
Election Sequence – Proposed
2024: Districts 4 (Adam) and 5 (McNamee)
2026: Districts 1 (Taylor), 2 (Engler), and 3 (Newman)
National Demographics Corporation June 12, 2023
Item No.8A
Public 111
District 1
25,696
269
2 24,636
-791
-3.11%
26%
55%
2%
3 25,072
-355
-1.40%
19%
62%
2%
4 25,939
512
5 25,791
364
Total
127,134
1,303

5.12%
20%
63%
2%
Total Pop
Deviation from ideal
% Deviation 1.06%

12.6%
68%
1%

2.01%
11%
74%
2%

1.43%
30%
55%
2%
% Hisp
% NH White
% NH Black
Total Pop
% Asian-American
Total
14%
19,971
11%
71%
1%
14%
19,791
24%
59%
2%
14%
19,891
18%
65%
2%
10%
21,428
10%
77%
2%
9% 12%
101,845
18%
66%
2%
20,764
27%
58%
2%
% Hisp
Citizen Voting Age Pop % NH White
% NH Black
% Asian/Pac.Isl.

Total
13%
18,629
8%
13%
14,459
12%
11%
7%
13%
17,384
12%
11%
7%
9% 9% 11%
85,938
11%
10%
6%
19,799
6%
15,667
18%
16%
4%
% Latino est.
% Spanish-Surnamed
% Asian-Surnamed
% Filipino-Surnamed
% NH White est.
% NH Black
8% 6%
Voter Registration
(Nov 2020) 6% 4%
1% 1% 1% 1% 1% 1%
83%
1%
79%
2%
80%
1%
87%
2%
77%
1%
82%
1%
Total 16,931
8%
12,932
11%
11%
7%
15,554
11%
10%
7%
17,870
6%
13,494
16%
15%
3%
76,781
10%
9%
% Latino est.
% Spanish-Surnamed
% Asian-Surnamed
% Filipino-Surnamed
% NH White est.
% NH Black
8% 6%
Voter Turnout
(Nov 2020) 6% 4% 5%
1% 1% 1% 1% 1% 1%
84%
1%
80%
2%
81%
1%
87%
2%
79%
1%
82%
1%
Total 12,756
7%
9,974
9%
11,696
9%
14,105
5%
9,579
13%
13%
3%
58,110
% Latino est. 8%
% Spanish-Surnamed
% Asian-Surnamed
% Filipino-Surnamed
% NH White est.
% NH Black est.

Total
7% 8% 8% 5% 8%
Voter Turnout
(Nov 2018) 5% 5% 6% 3% 4%
1% 1% 1% 0% 1% 1%
86%
1%
83%
2%
84%
1%
89%
2%
82%
1%
85%
1%
ACS Pop. Est.

Age
25,057
27%
50%
23%
16%
62%
81%
8%
24,473
27%
49%
24%
20%
52%
74%
16%
6%
24,612
23%
49%
28%
18%
72%
76%
10%
6%
26,220
19%
48%
33%
14%
75%
82%
7%
26,134
22%
55%
23%
21%
49%
71%
22%
3%
126,497
24%
50%
26%
18%
60%
77%
13%
5%
age0-19
age20-60
age60plus
immigrants
Immigration
naturalized
english
spanish
Language spoken at home
Language Fluency
asian-lang 6% 5%
other lang 5% 4% 8% 6% 4% 5%
Speaks Eng. "Less than Very Well"
hs-grad
5% 9% 8% 4% 12%
50%
24%
14%
24%
65%
19%
15%
12%
41%
13%
61%
39%
50%
50%
8%
46%
29%
23%
36%
67%
5%
44%
30%
17%
32%
58%
13%
11%
14%
43%
19%
76%
24%
36%
64%
44%
32%
20%
28%
63%
7%
41%
32%
25%
21%
61%
6%
45%
29%
20%
28%
63%
10%
11%
12%
41%
25%
82%
18%
31%
69%
Education
(among those age 25+) bachelor
graduatedegree
child-under18
employed
Child in Household
Pct of Pop. Age 16+
income 0-25k
income 25-50k
income 50-75k
income 75-200k
income 200k-plus
single family
multi-family
9% 11%
10%
44%
28%
93%
7%
10%
11%
41%
31%
86%
14%
25%
75%
Household Income
Housing Stats
12%
39%
35%
97%
3%
rented 18%
82%
23%
owned 77%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
06/12/2023 14:18 Page 1 of 1
Item No.8A
Thousand Oaks Districting 2023
NDC Green Map
Election Sequence – Proposed
2024: Districts 4 (McNamee) and 5 (Adam)
2026: Districts 1 (Taylor), 2 (Engler), and 3 (Newman)
National Demographics Corporation June 11, 2023
Item No.8A
NDC Green
District 1
24,617
-810
-3.19%

12.2%
68%
1%
2 25,375
-52
3 25,352
-75
4 25,766
339
5 26,024
597
Total
127,134
1,407

5.53%
20%
63%
2%
Total Pop
Deviation from ideal
% Deviation -0.20%
25%
57%
2%
-0.29%
20%
62%
2%

1.33%
24%
60%
2%

2.35%
18%
66%
2%
% Hisp
% NH White
% NH Black
Total Pop
% Asian-American
Total
14%
19,133
11%
71%
1%
13%
20,458
23%
60%
2%
13%
19,982
18%
65%
2%
10%
20,960
22%
64%
2%
11%
21,312
16%
70%
2%
12%
101,845
18%
66%
2%
% Hisp
Citizen Voting Age Pop % NH White
% NH Black
% Asian/Pac.Isl.

Total
13%
17,953
8%
13%
15,254
12%
11%
6%
12%
17,453
12%
11%
7%
10%
17,525
13%
12%
5%
10%
17,753
10%
9%
11%
85,938
11%
10%
6%
% Latino est.
% Spanish-Surnamed
% Asian-Surnamed
% Filipino-Surnamed
% NH White est.
% NH Black
8%
Voter Registration
(Nov 2020) 6% 4%
1% 1% 1% 1% 1% 1%
84%
1%
80%
1%
80%
1%
80%
1%
84%
2%
82%
1%
Total 16,316
8%
13,651
11%
10%
6%
15,615
11%
10%
7%
15,359
12%
11%
5%
15,840
9%
76,781
10%
9%
% Latino est.
% Spanish-Surnamed
% Asian-Surnamed
% Filipino-Surnamed
% NH White est.
% NH Black
7% 8%
Voter Turnout
(Nov 2020) 6% 4% 5%
1% 1% 1% 1% 1% 1%
84%
1%
81%
1%
81%
1%
82%
1%
85%
2%
82%
1%
Total 12,426
7%
10,689
8%
11,820
9%
11,335
10%
10%
4%
11,840
7%
58,110
% Latino est. 8%
% Spanish-Surnamed
% Asian-Surnamed
% Filipino-Surnamed
% NH White est.
% NH Black est.

Total
7% 8% 9% 7% 8%
Voter Turnout
(Nov 2018) 5% 5% 5% 3% 4%
1% 1% 1% 0% 1% 1%
86%
1%
84%
1%
84%
1%
84%
1%
87%
2%
85%
1%
ACS Pop. Est.

Age
24,304
28%
50%
23%
16%
61%
81%
8%
24,977
27%
50%
23%
20%
50%
75%
16%
5%
25,155
23%
49%
28%
17%
73%
77%
11%
6%
26,279
20%
52%
29%
20%
60%
74%
15%
5%
25,782
21%
50%
29%
16%
58%
77%
13%
4%
126,497
24%
50%
26%
18%
60%
77%
13%
5%
age0-19
age20-60
age60plus
immigrants
Immigration
naturalized
english
spanish
Language spoken at home
Language Fluency
asian-lang 6%
other lang 5% 4% 6% 6% 6% 5%
Speaks Eng. "Less than Very Well"
hs-grad
5%
46%
29%
23%
37%
67%
5%
8% 7% 10%
44%
29%
18%
21%
64%
15%
13%
7%
8% 8%
45%
30%
19%
33%
59%
12%
10%
13%
45%
20%
77%
23%
34%
66%
46%
30%
20%
28%
64%
7%
44%
29%
20%
24%
61%
11%
13%
17%
38%
21%
75%
25%
37%
63%
45%
29%
20%
28%
63%
10%
11%
12%
41%
25%
82%
18%
31%
69%
Education
(among those age 25+) bachelor
graduatedegree
child-under18
employed
Child in Household
Pct of Pop. Age 16+
income 0-25k
income 25-50k
income 50-75k
income 75-200k
income 200k-plus
single family
multi-family
9% 11%
11%
46%
26%
94%
6%
Household Income
Housing Stats
11%
39%
36%
97%
3%
41%
23%
71%
29%
39%
61%
rented 17%
83%
23%
owned 77%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
06/11/2023 22:46 Page 1 of 1
Item No.8A
Thousand Oaks Districting 2023
NDC Orange Map
Election Sequence – Proposed
2024: Districts 4 (Adam) and 5 (McNamee)
2026: Districts 1 (Taylor), 2 (Engler), and 3 (Newman)
National Demographics Corporation June 11, 2023
Item No.8A
NDC Orange
District 1 2 3
25,072
-355
-1.40%
19%
62%
2%
4 25,331
-96
5 25,025
-402
-1.58%
25%
61%
2%
Total
127,134
1,126

4.43%
20%
63%
2%
Total Pop
Deviation from ideal
% Deviation
26,151
724
25,555
128

2.85%

12.7%
68%
1%

0.50%
26%
56%
2%
-0.38%
17%
67%
2%
% Hisp
% NH White
% NH Black
Total Pop
% Asian-American
Total
14%
20,339
11%
71%
1%
13%
20,538
23%
60%
2%
14%
19,891
18%
65%
2%
10%
20,984
15%
70%
2%
9% 12%
101,845
18%
66%
2%
20,093
22%
64%
2%
% Hisp
Citizen Voting Age Pop % NH White
% NH Black
% Asian/Pac.Isl.

Total
13%
18,966
8%
13%
15,148
12%
11%
6%
13%
17,384
12%
11%
7%
10%
17,535
8%
8% 11%
85,938
11%
10%
6%
16,905
14%
13%
4%
% Latino est.
% Spanish-Surnamed
% Asian-Surnamed
% Filipino-Surnamed
% NH White est.
% NH Black
8% 8%
Voter Registration
(Nov 2020) 6% 4%
1% 1% 1% 1% 1% 1%
83%
1%
80%
2%
80%
1%
85%
2%
80%
1%
82%
1%
Total 17,225
8%
13,567
11%
10%
6%
15,554
11%
10%
7%
15,602
8%
14,833
13%
12%
4%
76,781
10%
9%
% Latino est.
% Spanish-Surnamed
% Asian-Surnamed
% Filipino-Surnamed
% NH White est.
% NH Black
8% 7%
Voter Turnout
(Nov 2020) 6% 4% 5%
1% 1% 1% 1% 1% 1%
84%
1%
80%
2%
81%
1%
86%
2%
82%
1%
82%
1%
Total 13,044
7%
10,299
9%
11,696
9%
11,936
6%
11,135
11%
11%
3%
58,110
% Latino est. 8%
% Spanish-Surnamed
% Asian-Surnamed
% Filipino-Surnamed
% NH White est.
% NH Black est.

Total
7% 8% 8% 6% 8%
Voter Turnout
(Nov 2018) 5% 5% 6% 3% 4%
1% 1% 1% 1% 1% 1%
86%
1%
84%
2%
84%
1%
88%
2%
84%
1%
85%
1%
ACS Pop. Est.

Age
25,539
27%
50%
23%
16%
62%
81%
8%
25,707
27%
49%
24%
20%
53%
75%
15%
6%
24,612
23%
49%
28%
18%
72%
76%
10%
6%
25,037
19%
49%
31%
19%
55%
75%
13%
6%
25,602
20%
53%
26%
16%
62%
78%
16%
2%
126,497
24%
50%
26%
18%
60%
77%
13%
5%
age0-19
age20-60
age60plus
immigrants
Immigration
naturalized
english
spanish
Language spoken at home
Language Fluency
asian-lang 6%
other lang 5% 4% 8% 6% 3% 5%
Speaks Eng. "Less than Very Well"
hs-grad
5% 8% 8% 8% 9% 8%
46%
29%
23%
36%
67%
5%
44%
31%
18%
33%
59%
13%
11%
13%
43%
20%
77%
23%
34%
66%
44%
32%
20%
28%
63%
7%
42%
30%
23%
20%
62%
12%
13%
13%
39%
23%
68%
32%
39%
61%
50%
25%
16%
23%
63%
14%
13%
10%
44%
19%
78%
22%
36%
64%
45%
29%
20%
28%
63%
10%
11%
12%
41%
25%
82%
18%
31%
69%
Education
(among those age 25+) bachelor
graduatedegree
child-under18
employed
Child in Household
Pct of Pop. Age 16+
income 0-25k
income 25-50k
income 50-75k
income 75-200k
income 200k-plus
single family
multi-family
9% 11%
10%
44%
28%
93%
7%
Household Income
Housing Stats
12%
39%
35%
97%
3%
rented 18%
82%
23%
owned 77%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
06/11/2023 22:51 Page 1 of 1
Item No.8A
Thousand Oaks Districting 2023
NDC Yellow Map
Election Sequence – Proposed
2024: Districts 4 (Adam and McNamee) and 5 (vacant)
2026: Districts 1 (Taylor), 2 (Engler), and 3 (Newman)
National Demographics Corporation June 11, 2023
Item No.8A
NDC Yellow
District 1
26,151
724
2 25,375
-52
3 25,352
-75
4 25,079
-348
-1.37%
16%
69%
2%
5 25,177
-250
-0.98%
26%
58%
2%
Total
127,134
1,072

4.22%
20%
63%
2%
Total Pop
Deviation from ideal
% Deviation 2.85%

12.7%
68%
1%
-0.20%
25%
57%
2%
-0.29%
20%
62%
2%
% Hisp
% NH White
% NH Black
Total Pop
% Asian-American
Total
14%
20,339
11%
71%
1%
13%
20,458
23%
60%
2%
13%
19,982
18%
65%
2%
10%
20,657
14%
72%
2%
10%
20,409
23%
62%
2%
12%
101,845
18%
66%
2%
% Hisp
Citizen Voting Age Pop % NH White
% NH Black
% Asian/Pac.Isl.

Total
13%
18,966
8%
13%
15,254
12%
11%
6%
12%
17,453
12%
11%
7%
9% 10%
16,043
15%
13%
4%
11%
85,938
11%
10%
6%
18,222
% Latino est. 9%
% Spanish-Surnamed
% Asian-Surnamed
% Filipino-Surnamed
% NH White est.
% NH Black
8% 8%
Voter Registration
(Nov 2020) 6% 5%
1% 1% 1% 1% 1% 1%
83%
1%
80%
1%
80%
1%
84%
2%
80%
1%
82%
1%
Total 17,225
8%
13,651
11%
10%
6%
15,615
11%
10%
7%
16,199
8%
14,091
13%
12%
4%
76,781
10%
9%
% Latino est.
% Spanish-Surnamed
% Asian-Surnamed
% Filipino-Surnamed
% NH White est.
% NH Black
8% 7%
Voter Turnout
(Nov 2020) 6% 5% 5%
1% 1% 1% 1% 1% 1%
84%
1%
81%
1%
81%
1%
85%
2%
81%
1%
82%
1%
Total 13,044
7%
10,689
8%
11,820
9%
12,379
6%
10,178
11%
10%
3%
58,110
% Latino est. 8%
% Spanish-Surnamed
% Asian-Surnamed
% Filipino-Surnamed
% NH White est.
% NH Black est.

Total
7% 8% 9% 6% 8%
Voter Turnout
(Nov 2018) 5% 5% 5% 4% 4%
1% 1% 1% 0% 1% 1%
86%
1%
84%
1%
84%
1%
88%
2%
84%
1%
85%
1%
ACS Pop. Est.

Age
25,539
27%
50%
23%
16%
62%
81%
8%
24,977
27%
50%
23%
20%
50%
75%
16%
5%
25,155
23%
49%
28%
17%
73%
77%
11%
6%
25,838
19%
51%
30%
18%
66%
76%
12%
5%
24,988
21%
51%
27%
19%
53%
75%
17%
4%
126,497
24%
50%
26%
18%
60%
77%
13%
5%
age0-19
age20-60
age60plus
immigrants
Immigration
naturalized
english
spanish
Language spoken at home
Language Fluency
asian-lang 6%
other lang 5% 4% 6% 6% 5% 5%
Speaks Eng. "Less than Very Well"
hs-grad
5%
46%
29%
23%
36%
67%
5%
8% 7% 8% 10%
50%
27%
14%
24%
62%
16%
15%
15%
39%
15%
65%
35%
42%
58%
8%
45%
30%
19%
33%
59%
12%
10%
13%
45%
20%
77%
23%
34%
66%
46%
30%
20%
28%
64%
7%
39%
31%
24%
20%
63%
11%
12%
8%
45%
29%
20%
28%
63%
10%
11%
12%
41%
25%
82%
18%
31%
69%
Education
(among those age 25+) bachelor
graduatedegree
child-under18
employed
Child in Household
Pct of Pop. Age 16+
income 0-25k
income 25-50k
income 50-75k
income 75-200k
income 200k-plus
single family
multi-family
9% 11%
11%
46%
26%
94%
6%
Household Income
Housing Stats
12%
39%
35%
97%
3%
40%
29%
80%
20%
34%
66%
rented 18%
82%
23%
owned 77%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
06/11/2023 20:52 Page 1 of 1
CCD:630-20 650-40\lmndc\h:\common\elections\Disrict Elections\March\StaffRpts\062023 Dist Elec 3rd PH Att 1.pdf Item No.8A
TO: Andrew P. Powers, City Manager
FROM: Kelvin Parker, Community Development Director
DATE: June 20, 2023
SUBJECT: Proposed 333-Unit Mixed-Use Apartment Complex – 2150 W.

Hillcrest Drive
RECOMMENDATION:

1. Adopt resolution to certify the Final Environmental Impact Report (EIR) 2022- 70774-EIR in accordance with the California Environmental Quality Act (CEQA); and approve General Plan Land Use Element Amendment (LU) 2021- 70169-LU, Zone Change (Z) 2022-70776-Z; Specific Plan (SP) 2022-70778- SP; Development Agreement (DAGR) 2022-70777-DAGR; Development Permit (DP) 2022-70773-DP, and Protected Tree Permit (PTP) 2022-70780- PTP.

2. Adopt resolution to approve Special Use Permit (SUP) 2022-70779-SUP.

3. Read ordinance in title only, waive further reading, and if no objection, introduce ordinance to approve Zoning Change (Z) 2022-70776-Z and Specific Plan (SP) 2022-70778-SP.

4. Read ordinance in title only, waive further reading, and if no objection, introduce ordinance to approve Development Agreement (DAGR) 2022-70777-DAGR.

FINANCIAL IMPACT:

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

BACKGROUND:

Prescreen
On April 27, 2021, a Residential Capacity Allocation (RCA), 2021-70168-RCA, and initiation of a General Plan Amendment, 2021-70169-LU, for the above project was authorized by City Council through the adoption of Resolution No. 2021-014 which allocated 246 multi-family units for the residential portions of the project. In addition, City Council also allowed concurrent processing of entitlement applications with legislative actions for this project.

Item No. 8B
Proposed 333-Unit Mixed-Use Apartment Complex – 2150 W. Hillcrest Drive June 20, 2023

Page 2 ends

On March 14, 2022, a Pre-Application was submitted. Staff met with the applicant and provided development requirements and other feedback on the project design.

On March 29, 2022, City Council approved an extension of time to submit its formal application for the proposed project at the site.

On August 9, 2022, the applicant began submitting the subject formal applications, which are listed in the “Recommendation” section of this report.

Planning Commission
The proposed project was presented at the Planning Commission hearing on June 5, 2023 (Attachment #1). During the hearing, six public speakers commented on the project:
• Two representing the Southwest Mountain States Regional Council of Carpenters (SWMSRCC) requested the project be required to utilize locally based union labor, particularly at the apprenticeship level to encourage local investment and reduce traffic to the work site.
• One representative of Many Mansions spoke in favor of the project and its inclusion of affordable housing units, and further commented that additional features or services for children would be beneficial.
• One representative of the Chamber of Commerce spoke in favor of the project, including its design and amenities offered.
• Two residents of the same household stated they lived near the project site and expressed concerns over the size of the development, risk of overcrowding, burden on water and electricity resources, and traffic and parking impacts. Both also noted that the design was appealing.

Planning Commissioners asked questions about the equitable distribution of affordable units. Although equitable distribution is a state statutory requirement, the Planning Commission moved to revise the resolution to strengthen the conditions related to equitable appearance and distribution of affordable units by changing a few instances of the word “should” to “must”. Other questions were related to the necessity of the specific plan, the amount of private open space proposed in comparison to Thousand Oaks Municipal Code (TOMC) regulations, opportunities to regulate parking, and how the proposed General Plan update designates the site in its current draft state. Concerns regarding the site’s height and density were expressed, along with appreciation for the affordable units provided, location in proximity to a growing job base, surplus bicycle and scooter infrastructure that included electrical connections for e-bikes, and the overall design of the project.

In addition, after the packet was distributed, several corrections to the Planning Commission agenda packet were made. A list of errata and updates to materials made since the Planning Commission meeting is included as Attachment #2.

Item No. 8B
Proposed 333-Unit Mixed-Use Apartment Complex – 2150 W. Hillcrest Drive June 20, 2023

Page 3 ends

Project Site and Setting
The project site consists of one parcel totaling 8.28 gross acres at 2150 West Hillcrest Drive, currently developed with a vacant commercial office building, surface parking areas, and landscaping as shown below in Figure 1.

The project site is surrounded by developed urban uses and generally located north of US 101, east of Rancho Conejo Boulevard and a Chevron gas station and mini mart, south of Hillcrest Drive, and west of an existing multifamily apartment complex known as “The Linden Apartments.”
Figure 1: Existing Conditions
Source: GIS 2023
The topography of the site descends slightly from the northeast corner of Hillcrest Drive to the rear of the developed area which abuts a row of existing trees and the South Branch Arroyo Conejo (a channelized drainage course).

DISCUSSION/ANALYSIS:

This discussion provides a broad overview of the project details. Focused and detailed discussion on project features is contained in the staff report to the Planning Commission dated June 5, 2023 (Attachment #1). Included as attachments to the Planning Commission report are:

Attachment #1 – Vicinity Map
Attachment #2 – Location Map
Attachment #3 – Aerial Photo
Item No. 8B
Proposed 333-Unit Mixed-Use Apartment Complex – 2150 W. Hillcrest Drive June 20, 2023

Page 4 ends

Attachment #4 – Resolution for 2021-70169-LU; 2022-70773-DP; and 2022-70780-PTP
Attachment #5 – Resolution for 2022-70779-SUP
Attachment #6A – SP-24 Ordinance
Attachment #6B – SP-24
Attachment #7A – DAGR (2022-70777-DAGR) Ordinance
Attachment #8 – Project Plans, dated May 26, 2023
Attachment #9 – 2150 Hillcrest Drive Traffic, Circulation and Vehicle Miles Traveled Study dated November 11, 2022
Attachment #10 – Oak Tree Report, dated May 4, 2023
Attachment #11 – Draft EIR (2022-70774-EIR)
Attachment #1 also includes:
• Planning Commission Hearing Supplemental Packet 1 –
o Draft Development Agreement 2022-70777-DAGR (Attachment #7B).
o The Final Environmental Impact Report 2022-70774-EIR
(Attachment #12).
• Planning Commission Hearing Supplemental Packet 2 –
o Public Correspondence
• Planning Commission Hearing PowerPoint Presentation including changes to the conditions as outlined on Slide #39
Project Description
Overview
The project consists of a four-story mixed-use development (with the fourth floor of each proposed building to be stepped back from adjacent roadways and public views), encompassing 629,437 gross sq. ft. of building area, that would contain 333 multi-family residential units (including 30 very low-income affordable units and three moderate-income affordable units), common areas and amenities, 5,300 gross sq. ft. of commercial, retail, and restaurant space above semi-subterranean parking structures containing a total of 462 structured parking spaces, and 119 surface parking spaces (581 total parking spaces). Access is provided via two entry drives off Hillcrest Drive with each leading to internal roads that mostly encircle the proposed buildings (see Figure 2).

Item No. 8B
Proposed 333-Unit Mixed-Use Apartment Complex – 2150 W. Hillcrest Drive June 20, 2023

Page 5 ends

Figure 2: Proposed Site Plan
Land Use General Plan Amendment, Zone Change, and Specific Plan (2021- 70169-LU; 2022-70776-Z, and 2022-70778-SP)
The project requires a General Plan Land Use Element Amendment to change the designation of the site from Commercial to Commercial/Residential as well as a change to the zoning designation from Community Shopping Center (C-3) to Specific Plan-24 (SP-24) to accommodate the proposed mixed-use development.

The zone change and specific plan are proposed by ordinance (Attachment #3).

The TOMC does not currently include a zoning designation or development standards for mixed-use projects. Therefore, a specific plan is necessary to establish a zoning allowance, specific development and design provisions, permitted land uses, infrastructure requirements, implementation measures, and other criteria to ensure the project remains consistent with the General Plan (Attachment #4).

Item No. 8B
Proposed 333-Unit Mixed-Use Apartment Complex – 2150 W. Hillcrest Drive June 20, 2023

Page 6 ends

Density and Unit Mix
Per the proposed General Plan land use and zoning designations for the site, the subject property has a maximum allowed base density of 30 units per net acre, therefore allowing 246 dwelling units on the subject site (8.19 net acres x 30 units per acre = 245.7 units, rounded up), as allocated under 2021-70168-RCA. The maximum density for this project without a density bonus is 246 dwelling units.

The project is proposing 11 percent of the 246 base units be designated as affordable units in the very low-income category. This percentage is applied to the base 246 units, which equates to 28 affordable very-low-income units, entitling the applicant a 35 percent density bonus according to State Density Bonus Law. This bonus translates to 87 density bonus units for a total of 333 maximum dwelling units allowed. The project proposes a total of 333 dwelling units, inclusive of all proposed affordable units, through the unit mix described in Table 1, below.

Table 1 – Unit Mix
Unit Type Number
of Units
Percentage
of Total Units
Affordable Units Average
Sq. Ft.
1-Bedroom 140 42% 17 Very-Low + 2
Moderate
732
1-Bedroom with Den 40 12% 0 872
2-Bedroom including
2 Live/Work
125 37.5% 11 Very-Low + 1
Moderate
1,107
3-Bedroom 28 8.4% 2 Very-Low 1,430
TOTAL 333 33 948
In addition to the 28 “Very-Low”-income restricted units, the applicant has agreed to provide two additional “Very-Low”-income restricted units, and three additional “Moderate”-income restricted units, for an overall total of 33 affordable units, five above the minimum amount required to qualify for the 35 percent density bonus.

The remainder of the units will be offered at market-rate which is the “Above Moderate” income level. Once building permits are issued for the development, each unit will count towards the City’s 6th Regional Housing Needs Assessment (RHNA) cycle, ending in 2029.

Building Form and Design
The project would create a mixed-use residential apartment community comprised architecturally of two buildings. The northerly building, fronting West Hillcrest Drive (Building A), would be mixed-use, with three levels of apartments above a ground floor of parking garage encapsulated by residential units and two commercial tenant spaces. Design features for this building include a first-floor stepback at the northeast corner, a fourth-floor roof deck, second-floor roof decks on the north and south sides, a fourth-floor stepback above the entire north and west facades, trellises above the commercial areas, and a variety of material changes throughout.

Item No. 8B
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The second podium building (Building B) would include residential uses located in the middle and rear of the site, which appear as four larger structures connected by various walking paths, breezeways, and bridges. The smaller leasing building incorporated into “Building B” would house the leasing office and other functional components.

The project’s architectural design is a Modern style. The exterior walls of the building are earth-toned colors primarily consisting of stucco finishes, simulated wood fiber cement panels, brick veneer, multi-panel window areas with dark bronze trim, bronze and glass balcony railings, awnings, and trellises (Attachment #5). The proposed building design, materials, and landscaping complement existing uses as the color palette of browns and grays mimic the colors used in the adjacent commercial and residential developments. The architectural design incorporates massing and offset requirements incorporated into SP-24. Additional decorative roof line trim and enhanced façade materials are required by conditions of approval in order to further improve building design and reduce building mass and scale (Attachment #6).

Figure 3 – Project Massing
Item No. 8B
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The one to four-story project would be 55 feet tall at its highest point. The site topography informs the site design, as the structure appears to notch into the existing slope moving from the 101 Freeway towards the northern end of the site fronting Hillcrest. The landscape buffers and surface lots provide extended setback area between the proposed development and the existing adjacent properties. In addition, fourth floor stepbacks are provided on the external facades to further reduce the appearance of height from neighboring properties, as seen in Figure 3.

Open Space and Amenities
Landscaping is provided throughout the open spaces, landscape buffers, and along the walkways within the site. Public amenities proposed include a publicly accessible seating area located at the western entrance of the site as well as a heavily landscaped walking path along the western property line adjacent to Rancho Conejo Boulevard to complement the City’s gateway sign (to be replaced and upgraded per the negotiated DAGR).

Private common amenities available to residents and their guests include approximately 50,781 sq. ft. of indoor and outdoor spaces such as a co-working area, fitness room, game room, lounge, roof decks, outdoor landscaped open space areas, a swimming pool, a playground, courtyard spaces with active play areas, barbecue areas, and a dog run.

Private amenities are provided for each individual unit as well as the public and common facilities. All units include private open space, either in the form of a balcony or a private stoop that range between 50 to 480 sq. ft, with an average size of 88 sq. ft. In addition, a minimum of 56 cubic feet of private storage locker is provided per unit, to supplement the bicycle storage facilities on site and private open spaces provided for each unit.

Access, Traffic, and Parking
Primary ingress and egress to the site is provided from two bi-directional driveways, both accessed from Hillcrest Drive. In addition, a pedestrian-oriented street bisects the property between the mixed-use building (Building A) and the residential-only building (Building B) which provides access to temporary parking and loading areas as well as parallel parking spaces to serve the commercial uses.

According to the traffic study conducted for this project, the level of service (LOS) grades at existing intersections studied near the project site currently operate at a LOS “C” or better during morning and evening peak hours, which would remain unchanged by the proposed project. In addition, as required by CEQA, a Vehicle Miles Traveled (VMT) analysis determined the transportation impacts resulting from the project would be less than significant and no mitigation measures are required. The project’s daily residential VMT per capita and commercial VMT per employee would be approximately 32 percent and 18 percent less than the Citywide averages, respectively.

Item No. 8B
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A total of 581 parking spaces are proposed through a mix of both subterranean garage and surface parking (see Table 2). The proposed SP-24 mimics the requirement for restaurant and commercial off-street parking included in other recently adopted specific plans and proposes residential parking rate requirements slightly higher than that allowed by State Density Bonus Law. Approximately 52 surplus parking spaces are proposed in addition to two larger loading spaces.

Table 2: Vehicle Parking Supply and Demand
Parking Categories Parking Ratio Number of Units/
Commercial s.f.

Parking
Required
Parking
Provided
Residential
1 Bedroom 1 space/unit 180 180
2 Bedroom 2 spaces/unit* 125 250
3 Bedroom 2 spaces/unit* 28 56
Total Residential 333 486
486
Commercial
First 2,000 s.f. 1 space/200 s.f. 2,000 s.f 10
>2,000 s.f. 1 space/100 s.f. 3,300 s.f***. 33 43
Total Commercial 5,300 s.f. 43 43
Surplus Parking** None 52***
Total Parking 529 581
*1.5 space/unit allowed by State density bonus law and TOMC, applicant providing 2 spaces/unit. **State density bonus law exempts provision of guest parking. *** To apply a more conservative rate, the entire square footage of commercial area is assumed to be a restaurant rather than a mix of retail and restaurant space. **** The 52 surplus spaces are not designated for either use type specifically and may be used by either commercial visitors or residential guests.

Protected Tree Permit
Twenty-eight protected Coast Live oak (Quercus agrifolia) trees are located on the subject property. The project proposes the removal of 17 oak (Quercus agrifolia) trees and encroachment within the protected zone of eight oak (Quercus agrifolia) trees to accommodate Building A as well as adequate vehicular and pedestrian circulation and parking facilities, the latter being stated as a City Council priority during the public hearing initiating the General Plan Amendment and allocating the residential capacity. Existing protected trees located along the public right-of-way were prioritized for preservation both with and without conditional encroachments.

Three coast live oak trees will be saved and not encroached upon.

Each protected tree to be removed must be replaced with three trees (two 24-inch box and one 36-inch box sized trees). Forty of the 51 required replacement trees are to be planted on-site per the proposed landscape plan. Therefore, the applicant, prior to issuance of a certificate of occupancy, will either need to submit a new Replacement Tree Plan to propose the planting of the trees at an off-site Item No. 8B
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location for public benefit, subject to Community Development Director approval, or provide an in-lieu cash payment to the City’s Open Space Conservation Fund used toward acquisition of open space, as prescribed by Resolution No. 2010-014.

As proposed, replacement trees have been strategically located around the perimeter of the subject property in order to provide a physical barrier between the residential structures and surrounding roadways. Such placement would provide visual screening to and from the roadways and reduce noise entering the site.

Special Use Permit
The project is requesting a SUP to allow a California Department of Alcoholic Beverage Control (ABC) Type 47 License (On-sale General – Eating Place) to accommodate a potential future restaurant use (Attachment #7). In addition to obtaining approval from the State for an Alcoholic Beverage License, businesses in Thousand Oaks that propose to offer on-site sale and consumption of alcoholic beverages must obtain approval of a SUP from the City.

The specifics of future tenants of the proposed commercial units, including exact business type and hours of operation, are not currently known. However, future businesses that intend to utilize a liquor license within the property’s commercial area would be allowed the option to transfer the SUP to their name and assume the responsibilities of the permit through review and approval of a Minor Modification application prior to occupancy. The resolution to recommend approval of the SUP is separate from the resolution to recommend approval for the rest of the project applications in order to allow future tenants the ability to accept the conditions of approval for the SUP only, and for the City to revoke that entitlement more easily, should cause for that arise in the future.

DAGR
A DAGR is required to be adopted by ordinance for approval of projects that receive allocation of Measure E units (Attachment #8). This agreement is a contract between the property owner and the City to ensure specific deliverables and site expectations are in place to ensure public benefit, such as the inclusion of affordable units and site improvements (Attachment #9).

If the project is approved and constructed as proposed, the City will have 300 market-rate units, 30 very-low-income restricted affordable units, and three moderate income restricted affordable units to add to its residential stock and count towards the current RHNA requirements from the State, as well as the demolition of an ageing commercial site, inclusion of amenities such as approximately 1,050 square feet of resident-only work/share space and electric bicycle and scooter charging stations, as well as the replacement of the existing City gateway sign.

In return for these public benefits, the applicant’s application will be considered for approval of the General Plan Amendment and the requisite Measure E unit allocation required to build the mixed-use multi-family apartment development.

Additional points of this DAGR include timelines for the submittal of building Item No. 8B
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permits for the construction of structures (two years), the term of the DAGR (seven years unless project is completed), and descriptions of major and minor amendment criteria.

Environmental Review
In accordance with CEQA, the City (as the Lead Agency), performed a comprehensive evaluation of the potential environmental impacts for this project.

This evaluation determined that the project could have a significant effect on the environment without appropriate mitigation measures in place, therefore a Draft EIR was prepared for the project. Appropriate measures are detailed in the report to ensure mitigation is in place so no significant adverse environmental impacts are caused by the project. To that end, a mitigation monitoring and reporting program (MMRP) is required to ensure the indicated mitigation measures are applied to the project (Attachment #6).

A Notice of Availability was posted with a 45-day public review period for the Draft EIR between April 7, 2023, and May 22, 2023. Correspondence was received from the public (non-agency) as well as public agencies that included: Ventura County Air Pollution Control District (VCAPCD), California Department of Transportation (DOT), Ventura County Environmental Health, and Ventura County Fire Department regarding the Draft EIR posting, which is included in the Response to Comments (RTC) within the CEQA Findings for the Final EIR (Document provided under separate cover). None of the comments received on the Draft EIR for this project merit any substantive change to the environmental analysis or conclusions contained in the Draft EIR. Further, comments requesting to have the Draft EIR recirculated are unsupported by the record and are meritless. It is therefore recommended that City Council certify and adopt the Final EIR prepared for the project in accordance with CEQA (2022-70774-EIR).

Correspondence
To date, staff has received one letter as public correspondence in response to the project beyond what was received prior to the Planning Commission meeting, provided as Attachment #10.

Conclusion
The proposed project has been designed to meet the intent of the City’s standards, codes, and policies. The proposed building design and site layout integrate well with surrounding development and have a cohesive architectural design meeting the City’s Architectural Design Guidelines. Based on the analysis and findings contained in this report, staff recommends approval of this project, subject to the conditions of approval in the attached Ordinances and Resolutions.

Item No. 8B
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COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

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

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

J. Implement high quality revitalization projects within Thousand Oaks Boulevard and Newbury Road Areas; Develop a pedestrian-oriented, viable, and selfsustaining "Downtown;” and, continue to support production of long-term affordable housing.

PREPARED BY: Justine Kendall, Associate Planner
Attachments:

Attachment #1 – Planning Commission Staff Report Packet of June 5 2023 Attachment #2 – Errata and Updates to Attachment #1 Materials Attachment #3 – 2022-70776-Z and 2022-70778-SP Ordinance Attachment #4 – 2022-70776-Z and 2022-70778-SP Ordinance Exhibit B Attachment #5 – Project Plans dated May 26, 2023
Attachment #6 – 2022-70774-EIR; 2021-70169-LU; 2022-70776-Z; 2022- 70777-DAGR; 2022-70778-SP; 2022-70773-DP; and
2022-70780-PTP Resolution
Attachment #7 – 2022-70779-SUP Resolution
Attachment #8 – 2022-70777-DAGR Ordinance
Attachment #9 – 2022-70777-DAGR Ordinance Exhibit A
Attachment #10 – Public Correspondence
Documents Under Separate Cover:
#1 LINK: Latigo Hillcrest Project (EIR 2022-70774) – Draft and Final cdd:420-46/H:/COMMON/City Council\CC Agenda Items/2023/06202023/Latigo 2022-70773/Staff Report/pz (FILE ID:
2022-70773-DP)
Item No. 8B
TO: Planning Commission
FROM: Kelvin Parker, Community Development Director
DATE: June 5, 2023
SUBJECT: Proposed Mixed-Use (Commercial and Multi-Family Residential) Development
APPLICATIONS: General Plan Land Use Element Amendment 2021-70169- LU,
Zoning Change 2022-70776-Z,
Specific Plan 2022-70778-SP,
Development Agreement 2022-70777-DAGR,
Development Permit 2022-70773-DP,
Special Use Permit 2022-70779-SUP,
Protected Tree Permit 2022-70780-PTP, and
Environmental Impact Report 2022-70774-EIR
APPLICANT: Latigo Hillcrest, LLC
LOCATION: 2150 West Hillcrest Drive; Assessor’s Parcel Number (APN): 667-0-113-075
REQUEST:

That the Planning Commission consider the Environmental Impact Report prepared in accordance with the California Environmental Quality Act (CEQA) and a project to change the General Plan Land Use Element designation of Commercial to Commercial/Residential and the zoning designation of Community Shopping Center (C-3) to Specific Plan-24 (SP-24) as well as allow the demolition of an existing two-story commercial structure and construction of two new podium four-story buildings encompassing 629,437 total square feet of mixed-use building area that includes 333 multi-family residential units (including 30 very low-income affordable units and three moderate income affordable units), approximately 5,300 square feet of commercial space, surface and subterranean parking providing a total of 581 parking spaces, landscape, hardscape, and grading as well as the removal of 17 coast live oak trees and encroachment into the protected zone of eight coast live oak trees. The project is also requesting a Special Use Permit to allow on-site sale of alcoholic beverages for a future restaurant. The project is located at 2150 West Hillcrest Drive (Attachment #s 1, 2, and 3). $77$&+0(17 Item No. 8B
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The request includes the following applications:

General Plan Land Use Element Amendment 2021-70169-LU: To amend the General Plan Land Use Element designation of Commercial to Commercial /Residential.

Zone Change 2022-70776-Z: To change the zoning designation of Neighborhood Commercial (C-3) to Specific Plan-24 (SP-24).

Specific Plan 2022-70778-SP: To adopt SP-24 to establish specific development standards for the subject development areas.

Development Agreement 2022-70777-DAGR: To create a binding contract that vests the rights of the applicant to a specific project, set forth the time period to construct the project, and specify public and private benefits and responsibilities related to the project.

Development Permit 2022-70773-DP: To allow the construction of a fourstory mixed-use development encompassing 629,437 gross square feet (sf) of building area, that would contain 333 multi-family residential units (including 30 very low-income affordable units and three moderate-income affordable units), common areas and amenities, 5,300 gross square feet of commercial retail and restaurant space above semi-subterranean parking structures containing a total of 462 structured parking spaces, and surface parking areas with a total of 119 parking spaces (581 total parking spaces).

Special Use Permit 2022-70779-SUP: To allow a California Department of Alcoholic Beverage Control (ABC) Type 47 License (On-sale General – Eating Place) to accommodate a potential future commercial use.

Protected Tree Permit 2022-70780-PTP: To allow removal of 17 coast live oak (Quercus agrifolia) trees, as well as the encroachment into the protected zone of eight coast live oak (Quercus agrifolia) trees.

RECOMMENDATION:

That the Planning Commission adopt a Resolution based on the findings and subject to the conditions contained therein, recommending that City Council:

1. Adopt a Resolution to certify the Final Environmental Impact Report associated with 2022-70774-EIR in accordance with CEQA; and approve 2021-70169-LU; 2022-70773-DP; and 2022-70780-PTP (Attachment #4); Item No. 8B
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2. Adopt a Resolution to approve 2022-70779-SUP (Attachment #5);

3. Adopt an Ordinance approving 2022-70776-Z and 2022-70778-SP (Attachment #6); and

4. Adopt an Ordinance approving Development Agreement 2022-70777- DAGR (Attachment #7).

PLANNING COMMISSION REVIEW
The subject request involves a city-wide Measure E allocation for a project located outside the Thousand Oaks Boulevard Specific Plan (SP-20). The allocation was approved by the City Council in 2021 and 2022. As such, the development permit application has been evaluated through the City Council adopted Prescreen process. The process includes filing of a Pre-Application for initial project comments from various City departments and agencies, followed by formal application submittal for evaluation and recommendation to the Planning Commission, then Planning Commission review and recommendation to the City Council on the project, with final decision to approve or deny the project by City Council. The Measure E allocation process also requires the processing of a Development Agreement, which is adopted by the City Council by ordinance. The applicant has satisfied all requisite steps and, at this stage, the Planning Commission’s role on this item is to make a recommendation to City Council.

In addition, as the project proposes a General Plan Land Use Map amendment, Zone Change, and a Specific Plan, the City Council is required to make the final decision on each of those applications, with a recommendation from the Planning Commission.

BACKGROUND
Project Site and Setting
The project site consists of one parcel totaling 8.28 gross acres at 2150 West Hillcrest Drive, previously developed with a commercial office building, surface parking areas, and landscaping. The project site is surrounded by developed urban uses and generally located north of US 101, east of Rancho Conejo Boulevard and a Chevron automobile service station, and south of Hillcrest Drive, and west of an existing multifamily apartment complex known as “The Linden Apartments.” Other existing surrounding development includes the Amgen industrial business campus to the north, commercial uses to the west including an existing automobile service station to the northwest at the intersection of West Hillcrest Drive and Rancho Conejo Boulevard. The commercially designated properties south beyond the 101 Freeway are commercial shopping centers. The nearest parks and recreational facilities located within two miles of the project site are the Newbury Gateway Park, Item No. 8B
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Rancho Conejo Playgrounds, Stagecoach Inn Park and Museum, Kimber Park and Borchard Community Park, with the Newbury Gateway Park being the closest, at

0.6 miles from the subject property.

Regional access to the project site now and with the proposed project would be via the U.S. 101 (freeway or 101 Freeway) using the Borchard Road / Rancho Conejo Boulevard exit and locally via driveways on West Hillcrest Drive.

The subject property is served by existing utility infrastructure and is currently developed with an existing 56,667 square foot (sq. ft.) two-story office building and related surface parking lot with landscaping approved in 1982 through DP No. 1982-512. The office building was initially occupied by the Hewlett-Packard Company, followed by the City of Thousand Oaks as a City Hall, and finally, Amgen since the mid-1990s. The building is currently unoccupied and has been vacant since 2021. The property was previously a part of Specific Plan No. 16, as Planning Unit “U” but was removed and re-zoned C-3 in 2016.

The topography of the site descends slightly from the northeast corner of Hillcrest Drive to the rear of the developed area which abuts a row of existing trees and the South Branch Arroyo Conejo (a channelized drainage course). Existing grades across the site average approximately one to three percent slope. The US 101 Rancho Conejo Boulevard exit ramp runs along the opposite side of the concrete arroyo bank. Unpaved areas of the site include a 40-foot-deep berm along Hillcrest Drive, various landscape planters distributed throughout the site, and two shallow drainage basins in the southern portion of the property.

Application Process
On April 27, 2021, a Residential Capacity Allocation (RCA) and initiation of a General Plan Amendment for the above project was authorized by City Council which allocated 246 multi-family units for the residential portions of the project. In addition, City Council also allowed concurrent processing of entitlement applications with legislative actions for this project (2021-70169-LU and 2021- 70168-RCA).

On March 14, 2022, a Pre-Application was submitted. Staff met with the applicant and provided development requirements and other feedback.

On March 29, 2022, City Council approved an extension of time for the applicant at that time, Amgen, Inc. (“Amgen”), to submit its formal application for the proposed project at the site.

On August 9, 2022, the applicant began submitting the subject formal applications, which are listed in the “Recommendation” section of this report.

Item No. 8B
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On March 23, 2023, the Notice of Application was mailed and posted at the property site.

On May 22, 2023, the Notice of Hearing was mailed and posted at the property site.

PROJECT OVERVIEW
Project Summary
The project consists of a four-story mixed-use development (with the fourth floor of each proposed building to be stepped back from adjacent roadways and public views), encompassing 629,437 gross sq. ft. of building area, that would contain 333 multi-family residential units (including 30 very low-income affordable units and three moderate-income affordable units), common areas and amenities, 5,300 gross sq. ft. of commercial retail and restaurant space above semi-subterranean parking structures containing a total of 462 structured parking spaces, and 119 surface parking spaces (581 total parking spaces). Access is provided via two entry drives off Hillcrest Drive which partially encircle the proposed development.

The project would create a mixed-use residential apartment community comprised architecturally of two buildings, which would appear above ground level as five larger structures and one smaller leasing / amenity building. The northerly building, fronting on West Hillcrest Drive (Building A), would be mixed-use, with three levels of apartments above a ground floor of mixed residential and two commercial tenant spaces totaling 5,300 sq. ft., for a speculative retail or restaurant use. In order to provide the applicant the greatest future flexibility, a Special Use Permit for the onsite sale and consumption of alcohol has been requested as part of this project.

The commercial spaces would be open to the public, as well as the outdoor open spaces proximate to those uses. In addition, two live/work residential units are proposed on the south side of “Building A.” These live/work units are intended to accommodate low-intensity commercial operations. These two bedroom, 2.5 bath units provide an additional work-space area and function in a similar manner as a home-based business, which is a permitted use in any residential area and are ideal for small, start-up businesses that require little work area and create few customer trips.

The second podium building (Building B) would include residential uses located in the middle and rear of the site, which appear as the four other larger buildings on site connected by various walking paths, breezeways and bridges. The smaller leasing building incorporated into “Building B” would house the leasing office, mail room and potentially other functional components. Additional indoor and outdoor Item No. 8B
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amenities would be provided to the residents throughout the site, including a playground, swimming pool, courtyards with active play spaces, roof decks, and a dog park. Figure 1 below illustrates the proposed site configuration.

Figure 1: Proposed Site Plan
Landscaping is provided throughout the open spaces, landscape buffers, and along the walkways within the site. As seen on the conceptual landscape plan submitted (Attachment #8). Twenty-eight protected trees are located on the subject property. The project proposes the removal of 17 oak (Quercus agrifolia) trees and encroachment within the protected zone of eight oak (Quercus agrifolia) trees; as described in the “Oak Tree Report” dated May 4, 2023 (Attachment #10). Each protected tree to be removed must be replaced with three trees (two 24-inch box and one 36-inch box sized trees). Forty of the 51 required replacement trees are to be planted on-site per the proposed landscape plan.

Item No. 8B
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EVALUATION
Land Use General Plan Amendment, Zone Change, and Specific Plan (2021- 70169-LU; 2022-70776-Z, and 2022-70778-SP)
The City of Thousand Oaks General Plan is currently being updated and includes the Housing Element update and City’s efforts to accommodate its Regional Housing Needs Assessment (RHNA) goals. As the update is not yet complete, the currently adopted City of Thousand Oaks General Plan (General Plan) is applicable to the project site. The project site is currently designated Commercial on the General Plan Land Use and Circulation Elements Map. Zoning for the site is Community Shopping Center (C-3).

The proposal requires a General Plan Amendment to the site from the Commercial land use designation to Commercial/Residential as well as a change to the zoning designation from Community Shopping Center (C-3) to Specific Plan-24 (SP-24) are necessary to accommodate the proposed mixed-use development.

A specific plan is proposed as the Thousand Oaks Municipal Code does not currently include a zoning designation which allows a mix of commercial and residential uses on the same site. A Specific Plan is a document designed to implement policies in alignment with the intent of the City’s General Plan and establish regulations for a specific geographic region. The plan includes custom development and design standards, permitted land uses, infrastructure requirements, implementation measures, and other criteria intended to implement the General Plan. The Specific Plan will include unique development and design standards to regulate the uses to minimize impacts to the proposed project and surrounding properties (Attachment #6B). These standards are not required to replicate the Thousand Oaks Municipal Code requirements since they are intended to be unique for a specific development area.

A Specific Plan, by law, must be in conformance or consistent with the General Plan in that area. A conformance evaluation for the project is provided in the draft resolution, Attachment #4).

Measure E
Since the project site is requesting a land use designation and zone change to allow residential uses on a property which previously only allowed commercial uses, an allocation of Measure E residential capacity units to the project site was required to be initiated and approved by City Council. The Measure E allocation factors the net lot size of the property multiplied by the proposed maximum allowed density. Per the proposed General Plan land use and zoning designations for the Item No. 8B
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site, the subject property has a maximum allowed base density of 30 units per net acre, therefore allowing 246 dwelling units on the subject site (8.19 acres x 30 units per acre = 245.7 units, rounded up).

On April 27, 2021, City Council approved a pre-screening request and initiated an amendment to the Land Use Element of the General Plan to allocate 246 residential dwelling units from citywide Measure E residential capacity to the Commercial/Residential site in accordance with Municipal Code requirements, which was extended by the City Council on March 29, 2022.

As specified within the draft DAGR, if the Owner fails to obtain building permits within the term of the DAGR, the DAGR terminates and “all reservations or allocations of Measure E units shall revert to the City’s Measure E capacity”, which would add 246 units to the remaining units in the Measure E “pool,” and the project would not be able to be constructed.

In addition, Measure E requires an allocation process for any new acreage designated as commercial. As the development is demolishing a 56,667 sq. ft. commercial structure to build, in part, 5,300 sq. ft. of commercial space, the project does not produce a net increase in excess of the land areas designated as commercial and no new commercial allocation is required.

Development Permit (2022-70773-DP)
Unit Mix, Density Bonus, and Affordable Housing
The unit types within the mixed-use buildings include 180 one-bedroom units including 40 one-bedroom plus den units, 125 two-bedroom including two live/work units, and 28 three-bedroom units (see Table 1). “Building A” provides 5,300 sq. ft. of commercial space as well as 65 residential units. 268 units are provided within the residential-use only building (“Building B”). Of the 333 residential units, 30 units are proposed to be designated as affordable to very low-income households with an income less than 50% of the Ventura County average median income (AMI) and three units are to be affordable to moderate-income households with an income less than 120% of the Ventura County AMI.

Item No. 8B
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Table 1 – Unit Mix
Unit Type Number of
Units
Percentage of Total Units Average Sq. Ft.
1-Bedroom 140 42% 732
1-Bedroom with Den 40 12% 872
2-Bedroom including
2 Live/Work
125 37.5% 1,107
3-Bedroom 28 8.4% 1,430
TOTAL 333 948
As described above, the maximum base density for this project without a density bonus is 246 dwelling units. The State density bonus law assigns density bonus units based on the percentage of affordable units provided by a project, and the income level of those units. In this case, the applicant is providing 11 percent affordable units in the very low-income category. This percentage is applied to the base 246 units, which equates to 28 affordable low-income units, entitling the applicant a 35 percent density bonus. This bonus translates to 87 density bonus units per statutory allowance in state law for a total of 333 maximum dwelling units allowed, as explained in Table 2. The project proposes a total of 333 dwelling units, inclusive of all proposed affordable units.

Table 2 – Project Density Bonus Formula
Unit Type Formula Result Proposed
Base Density 8.19 acres x 30
units per acre
=245.7 Base Density
Units Allowed,
rounded up**
246 Base Density Units
Affordable
Units 246 Base Density
Units x 0.11
=27.06 Affordable
Units Required,
rounded up**
30 “Very Low”- and 3
“Moderate” Income
Affordable Units ***
Bonus Units
246 Base Density
Units x 0.35*
=86.1 Additional
Market Rate Units
Allowed, rounded
up**
87Additional Units

MAXIMUM

ALLOWED
246 Base Density
Units + 87
Additional Units
=333 Dwelling Units
Allowed
333 Dwelling Units
Proposed
* 28 Very Low Income units are proposed to contribute to the density bonus calculation = 35% density bonus pursuant to Government Code Section 65915. ** Pursuant to Government Code Section 65915(q): Each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number.
*** Two additional Very-Low Income units and three additional Moderate-Income units are provided, above and beyond what is required to generate the requested 87 density bonus units.

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Measure E units are only required to be allocated to allow for the base density of the property. Units proposed above the base density, as allowed by State Density Bonus Law, are not subject to Measure E regulations. The purpose of the State Density Bonus Law is to incentivize the development and availability of affordable housing by encouraging the inclusion of affordable housing units within new developments.

In addition to the 28 “Very-Low”-income restricted units, the applicant has agreed to provide two additional “Very-Low”-income restricted units, and three additional “Moderate” income restricted units, for an overall total of 33 affordable units, four above the minimum amount required to qualify for the 35% density bonus. The remainder of the units will be offered at market-rate which is the “Above Moderate” income level. Once building permits are issued for the development, each unit will count towards the City’s 6th Regional Housing Needs Assessment (RHNA) cycle, ending in 2029, as shown in Table 3.

Table 3: 6th Regional Housing Needs Assessment
Income Categories
Very Low Low Moderate Above Moderate Total
RHNA 6th Cycle 735 494 532 860 2,621
The “Very-Low” income level is defined as households with incomes at, or below, fifty (50%) percent of the Area Median Income (AMI) for Ventura County, as established by the California Department of Housing and Community Development (HCD). For example, for a 2-person household, the current maximum “Very-Low” income limit is $50,200 per year (see Table 4).

Table 4: 2022 Ventura County Income Limits
People per Household
Annual
Income
1 2 3 4 5 6 7 8
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. 8B
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An affordable housing agreement would be required to establish the specific obligations of the project including a) that all affordable units are dispersed throughout the project; b) affordability level be set a “Very-Low” income level for 30 units and “Moderate” income level for three units, c) that the affordable units shall have the same standard features and amenities provided to market rate units of the same type, and d) that the restricted-income covenants are required by state law to be in effect for 55 years.

Building Form and Design
The proposed project is characterized by a multifamily mixed-use development that includes an internal pedestrian-oriented roadway separating two buildings which comprise a total of 629,437 gross sq. ft. (Table 5).

The northern building (Building A), located behind an existing landscaped berm with protected oak trees to remain in place, includes significant articulation and massing breaks. These design features include a first-floor step back at the northeast corner, a fourth floor stepback, second floor roof decks, a fourth-floor roof deck above the entire north and west facades, trellises and above the commercial areas and a variety of material changes throughout to provide a visually diverse and appealing building as seen from Hillcrest Drive (see Figure 2).

The site also features a public seating area on the ground floor in front of the commercial units, and conditions of approval require material changes at the driveway entries to encourage pedestrian safety and activity. While only 5,300 sq. ft. of the 40,437 square-foot building footprint will be dedicated to exclusive commercial use, the residential amenities and units which are more commercial in nature, such as a large lobby, co-working space, live/work units, and indoor bike storage rooms, are also provided on the ground floor of Building A to contribute to its mixed-use style.

Table 5 - Gross Floor Area and Land Use Summary
Land Use Type Building A Building B Leasing Building TOTAL Commercial 5,300 sf 0 sf N/A 5,300 sf
Residential 62,025 sf 253,740 sf N/A 315,765 sf
Residential Private
Open Space
5,569 sf 18,662 sf N/A 24,231 sf
Parking Structure 50,853 sf 145,021 sf N/A 195,874 sf
Common Area (ex.

Lobby, Amenity,
Circulation)
27,457 sf 59,010 sf 1,800 sf 88,267 sf
Totals 151,204 sf 476,433 sf 1,800 sf 629,437 sf

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Figure 2 – Project Renderings
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The southern building (Building B) will actually appear above ground to be five buildings – four apartment buildings and one stand-alone leasing office and concierge building. The proposed SP-24 requires direct outside access to residential ground-floor units through the use of stoops wherever possible.

The project’s architectural design is a Modern style. The exterior walls of the building are earth-toned colors primarily consisting of stucco finishes, simulated wood fiber cement panels, brick veneer, multi-panel window areas with dark bronze trim, bronze and glass balcony railings, awnings and trellises (see Attachment #8). The architectural design incorporates articulation and detailing throughout, with massing and offset requirements incorporated into SP-24.

Additional decorative roofline trim and enhanced façade materials are required by conditions of approval in order to further improve building design and reduce building size, mass, and scale.

As conditioned, the project meets the City’s Architectural Design Guidelines, Precise Plan of Design Guidelines, Commercial Design Guidelines, City Gateways Guidelines, and Freeway Corridor Guidelines by using diverse yet unified design elements throughout the development and designing the site in a way that is compatible with the surrounding uses, described below.

Compatibility with Surrounding Uses
The project is within an urbanized area, with transportation and utility infrastructure in place. Land use designations for the surrounding area are Commercial to the west, south and southwest (across public rights-of-way), High Density Residential (15-30 dwelling units per acre (du/ac)) to the east, and Industrial to the north.

Zoning for the site is Community Shopping Center (C-3). Surrounding zoning is Highway Arterial Business (C-2) to the west (including the Chevron Automobile Service Station and 7-Eleven), Industrial Park (M-1) to the north, and Residential Planned Development (RPD-20 du/ac) to the east. South of the freeway, the zoning is C-3, C-2, and Single-Family Residential.

Development surrounding the site varies from one-story gas stations to two-story commercial and residential buildings and a three-story office/industrial structure directly across from the project site to the north. In addition, ground elevations decrease from north to south, further raising the elevation of the building Hillcrest Drive to the north. Architecturally, the proposed building design, materials, and landscaping complement existing uses as the color palette of browns and grays mimic the colors used in the adjacent commercial and residential developments.

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Figure 3 – Project Massing
The one to four-story project would be 55 feet tall at its highest point, and the site topography informs the site design, as the structure appears to notch into the existing slope moving from the 101 Freeway towards the northern end of the site fronting Hillcrest. The landscape buffers and surface lots provide extended setback area between the proposed development and the existing adjacent properties. In addition, fourth floor stepbacks are provide on the external facades to further reduce the appearance of height from neighboring properties (see Figure 3). The setbacks required by SP-24 and proposed by the project are detailed in Table 6.

Item No. 8B
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Table 6: Setbacks
Building A:

Front(North):
¶0LQLPXP)LUVW )ORRU
70’ Minimum Fourth Floor Setback (Except at Northeast Corner Building Entry)
Left(West): 60’ Minimum
5’ Required Min. Landscape Setback Along Driveway/Parking Right(East): 100’ Minimum
10’ Required Min. Landscape Setback Along Driveway/Parking Building B:

Rear(South): ¶0LQLPXP)LUVW )ORRU %XLOGLQJ௕
40’ Minimum Average Fourth Floor Setback
Left (West):
¶0LQLPXP)LUVW )ORRU %XLOGLQJ௕
85’ Minimum Average Fourth Floor Setback
5’ Required Min. Landscape Setback Along Driveway/Parking Right (East):
¶0LQLPXP)LUVW )ORRU %XLOGLQJ௕$QG
100’ Minimum Average Fourth Floor Setback
10’ Required Min. Landscape Setback Along Driveway/Parking The existing building is two stories, and the rooftop is occasionally visible from the highway. As such, the property is visible intermittently from the 101 Freeway, and Resolution No. 91-172 “101 Freeway Design Guidelines” applies. Although there are no public viewsheds or corridors to be protected, such as views of distant natural features, open space, public parks, lakes, designated protected ridgelines, and any other designated types of scenic resource, the project has been designed to be sensitive to the existing topography and proximity to the highway. These design considerations include landscaping proposed along the project perimeter, protective screening of roof-mounted mechanical equipment integrated into the building’s overall design of wall and roof components, and the increased setback between the rear property line and the building adjacent to the freeway to allow for reduced visual impact. Further, the residential uses to the east will be protected from new sources of light as all fixtures must be down shielded and parking lot light poles may not be higher than 14 ft, per conditions of approval.

Amenities and Open Space
The proposed project includes public and private amenities. Public amenities include a publicly accessible seating area located at the western entrance of the site as well as a heavily landscaped walking path along the western property line adjacent to Rancho Conejo Boulevard to complement the City’s gateway sign.

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Figure 4: Site Plan and Outdoor Amenity Map
Private common amenities include approximately 50,781 sq. ft. of indoor and outdoor spaces designed for specific activities and uses. These amenities for the residents would include outdoor landscaped open space areas, a swimming pool, a playground, courtyard spaces with active play areas, barbecue areas, and a dog park. Three roof-decks are also provided in Building A and one on Building B, each including seating areas and planter areas. The open spaces are connected by a system of pathways and paseos to provide residents and visitors with multiple opportunities to gather (see Table 7 and Figure 4). These paseos also include outdoor furniture, landscape and hardscape to encourage use of outdoor spaces.

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Approximately 20% of the total site area, or 70,377 sq. ft., consists of common outdoor open space, and approximately 78,000 sq. ft. consists of planting area, some of which occurs within the proposed common open space.

Indoor common amenities include a stand-alone leasing office with concierge services, bike storage, supplemental resident storage, co-working area, fitness room, game room, and lounge described below in Table 7, Resident Amenities.

The co-working space would be equipped with bring-your-own computer stations for use by residents only.

Table 7A- Common Resident-Only Amenities
Project Amenities Floor Area (sf) Location (Bldg.
and Floor)
Resident Only Dog Run 1,525 -
Children’s Play Area 1,500
Detention Basin/ Courtyard C Walking Path 6,515 -
Co-Working Space 1,150 Bldg. A, L1
Courtyard A (Second Floor Roof Deck, South) 3,710 Bldg. A, L2 Courtyard B (Second Floor Roof Deck, South) 3,024 Bldg. A, L2 Roof Deck A 1,500 Bldg. A, L4
Leasing/Amenity Bldg. (Mail, concierge, etc) 1,800 Bldg. B, L1 Amenity B (Lounge) 1,270 Bldg. B, L1
Amenity C (Game Room) 1,550 Bldg. B, L1
Amenity A (Fitness) 3,070 Bldg. B, L1
Roof Deck B 1,300 Bldg. B, L4
Courtyard A (Swimming Pool) 11,110 Bldg. B, L1
Courtyard B (Barbeque and Seating Area) 5,377 Bldg. B, L1 Courtyard C (Play Lawn and Seating Area) 6,380 Bldg. B, L1 Total 50,781
Table 7B- Public Amenities
Project Amenities Floor Area (sf) Location (Bldg.
and Floor)
Rancho Conejo Demonstration Grove/
Walking Area 8,212
West Property
Boundary
Building A Entry Seating Area Plaza 1,435
Northwest
Corner
Total 9,647
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Private amenities are provided for each individual unit as well as the public and common facilities. All units include private open space, either in the form of a balcony or a private stoop that range between 50 to 480 sq. ft, with an average size of 88 sq. ft. In addition, a minimum of 56 cubic feet of private storage locker is provided per unit, to supplement the bicycle storage facilities and private open spaces. The project provided conforms with the recommended requirements of SP-24 and the intent of the TOMC by providing ample private and common-area open space areas and other amenities for use by residents and visitors.

Landscape Plan
A conceptual landscape plan has been prepared to illustrate the proposed landscaping for the project. If the project is approved, a formal landscape plan will be required, and technical evaluation of that plan will be provided through a Landscape Plan Check process to further ensure compliance with the City’s landscape and irrigation standards.

Figure 5 – Ground and Podium Level Planting Area Plan
The project proposes primarily native, and drought-tolerant plants and minimal turf, which is isolated to the 750 sq. ft. play lawn only. Of the 28 protected trees, eleven oak trees will be preserved in place and 51 additional protected trees will be Item No. 8B
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planted on site. Also, 76 ornamental trees are proposed and incorporated as part of an open space paseo and pathway system.

In addition, in line with Precise Plan of Design Guidelines, substantial landscape treatment to create a comfortable living environment and soften the visual impact of structures while ameliorating adverse off-site views has been incorporated into the project. The protected trees are proposed to be placed around the perimeter of the site, blocking offsite views and noise. The project provides landscape buffers between the property boundaries (see Figure 5) and the surface parking areas, while rooftop and balcony landscaping soften the overall massing.

Pedestrian Access and Walkability
The project site has been designed with an emphasis for walkability and pedestrian connectivity, which has been incorporated throughout the site design proposed project. Enhancements to existing sidewalks within the public right of way are to be provided at both entrances on Hillcrest Drive per condition of approval, and a public open space area which features undulating connections to the existing sidewalk is provided along the property line adjacent to Rancho Conejo Boulevard.

In addition, internal pedestrian site circulation includes a series of walkways, breezeways, and seating areas with landscaping, planters and other decorative features. Furthermore, the connection between the mixed-use area and the residential-only area is designed with a large, raised crosswalk area to reduce vehicle speeds and improve pedestrian and vehicular circulation.

There are several pedestrian entrances to the residential areas of each building provided through dedicated lobby areas, as well as controlled-access gates to the outside amenity areas on the south and east side of “Building B”. In addition, ground floor units provide direct access to the sidewalk along the perimeter of “Building A” and on the north, east, and west side of “Building B”, where the grade allows via landscaped stoops.

As required by conditions of approval, visually distinct materials are to be incorporated at the driveway entrances, lobby entrances, and walkways throughout the site to encourage pedestrian safety and enhance the overall site appearance. The project is adjacent to and within walking distance of several commercial centers offering dining, retail, grocery, professional, and recreation uses, thus reducing the potential number of vehicle trips from the project and reducing greenhouse gases.

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Vehicular Access and Parking
Primary ingress and egress to the site is provided from two bi-directional driveways, both accessed from Hillcrest Drive, as seen on Figure 6 and Sheet A1- 8 of the Project Plans (Attachment #8). Within the site, two roadways leading to the parking garage entrances run along the perimeter, except for the southwest border with the 101 freeway exit ramp. These roadways are lined with sidewalks and surface parking spaces designed with permeable pavers. An existing solid wall exists along the eastern edge to help screen headlight glare from view of the existing multifamily apartment buildings, which will be repaired and slightly improved per condition of approval.

Figure 6 – Circulation Plan
In addition, a pedestrian-oriented street bisects the property between the mixeduse building (Building A) and the residential-only building (Building B). This street Item No. 8B
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provides access to temporary parking and loading areas as well as parallel parking spaces to serve the commercial uses.

As conditioned, all accessways meet the minimum design standards of the TOMC and Ventura County Fire Prevention District minimum standards.

Parking Structure A, serving the mixed-use building, is a two-level structure, with the second level above ground but completely encapsulated by the proposed commercial and residential uses. The entrances are located on the south side of the building and are not visible from any public road.

Parking Structure B, serving the residential-use-only building, is a basement parking structure. Ingress and egress to the below-grade parking structure are provided on the east and west sides which minimizes public view of the entry areas. As normally required by the TOMC and as included in the conditions of approval, all parking stalls within Parking Structure B will be designated for and accessible by the tenants only. All exposed elevations of the below-grade parking structure have been designed to reflect architectural compatibility with the proposed development. Additional conditions of approval have been included requiring the applicant to work with staff to determine materials which will improve the proposed decorative metal vent covers which appear on the south and southwest sides of the Building B parking structure. A total of 581 parking spaces are proposed for the proposed mixed-use and apartment buildings, as shown in Table 8 and 9.

Table 8: Number of Parking Spaces by Type
Parking Location
Number of Parking Spaces by Type
Compact Tandem1 ADA** Standard Total
Parking Structure A 0 60 5 46 111
Parking Structure B 31* 37 6 277 351
Surface 10 0 4 105 119
Total 41 97 15 428 581
* Per Section 9-4.2404(d)(1)(i) of the Municipal Code, a maximum of 35% of the residential parking spaces may be compact size. Nine (9%) percent is provided, in compliance with the Code standards.
** Number of spaces provided is in compliance with American’s With Disabilities Act (ADA), contained in Title 24 of the California Building Code.
1 The City has approved tandem parking for apartment buildings in the past when conditions of approval require the tandem spaces to be assigned to each residential dwelling unit to eliminate any parking conflicts. A suggested condition requires the applicant to prepare a “Parking Management Program” where tandem parking spaces are assigned.

Item No. 8B
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The proposed SP No. 24 (Attachment #6B) mimics the Thousand Oaks Boulevard Specific Plan (SP No. 20) requirement for restaurant and commercial off-street parking. As shown above, that includes one parking space per 200 sq. ft. of gross leasable area for the first 2,000 sq. ft. of gross leasable area and one parking space is required per 100 sq. ft. of gross leasable area over 2,000 sq. ft. of a restaurant.

In addition, two loading spaces are required to be provided.

Pursuant to the State Density Bonus Law, Government Code Section 65915(p), the parking ratios required for multi-family apartment buildings are one parking space per one-bedroom unit and one and a half parking spaces for a two-bedroom unit. Government Code Section 65915(p) does not require guest parking. The applicant is proposing two spaces per two- or three-bedroom unit.

In addition, the project will provide infrastructure for electric vehicle charging stations beyond state law requirements, as outlined in the draft Development Agreement (Attachment #6B).

Table 9: Vehicle Parking Supply and Demand
Parking Categories Parking Ratio Number of Units/
Commercial s.f.

Parking
Required
Parking
Provided
Residential
1 Bedroom 1 space/unit 180 180
2 Bedroom 2 spaces/unit* 125 250 486
3 Bedroom 2 spaces/unit* 28 56
Guest Parking** 0 spaces/unit 30 None 52***
Total Residential 333 486 538
Commercial
First 2,000 s.f. 1 space/200 s.f. 2,000 s.f 10 43 >2,000 s.f. 1 space/100 s.f. 3,300 s.f***. 33 Total Commercial 5,300 s.f. 43 43
Total Parking 529 581
*1.5 space/unit allowed by State density bonus law and TOMC, applicant providing 2 spaces/unit. **State density bonus law exempts provision of guest parking. *** To apply a more conservative rate, the entire square footage of commercial area is assumed to be a restaurant rather than a mix of retail and restaurant space. **** The 52 surplus spaces are not designated for either use type specifically and may be used by either commercial visitors or residential guests.

The site provides on-site parking for vehicles while accommodating and encouraging other multi-modal transportation methods. Amenities include on-site bicycle racks for visitors and dedicated bicycle corals for tenants. The number of bicycle spaces required by the California Green Building Code must be equal to or exceed ten percent of the number of proposed parking spaces (58 bicycles spaces, Item No. 8B
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half short-term, half long-term). In combination with that requirement, one space for bicycle parking per six residential units (56 total) is required by the proposed SP-24. The project proposed to exceed both requirements, as 100 spaces are being provided, including 16 electric bicycle charging stations and 20 electric scooter charging stations. The bicycle parking, as designed, will be provided outside near the proposed coworking amenity space in Building A, and in three designated indoor spaces: two in Building A, at the north end of the site and one in Building B, at the south end of the site.

Lastly, a designated drop-off/pick-up area at the front entrance to accommodate local delivery and private transportation services, such as taxi cabs, Uber™, Lyft™, etc. This area may also be utilized for larger delivery vehicles for short-term pickup/drop-off services. As required in the conditions of approval, appropriate curb designations and signage indicating the hours of operation must be provided to ensure this area is utilized for these short-term uses and not for the standard parking of vehicles.

Traffic
Currently, the City of Thousand Oaks maintains a minimum LOS C at all intersections, per the General Plan Goals and Policies Resolution 97-8, with the exception of Rancho Conejo Boulevard at Hillcrest Drive and specific intersections on Thousand Oaks Boulevard, which are required to maintain a LOS D or better, per Resolution 2019-11. The project is adjacent to the intersection of Rancho Conejo Boulevard and Hillcrest Drive. The 2150 Hillcrest Drive Traffic, Circulation and Vehicle Miles Traveled Study dated November 11, 2022, examined four intersections (listed below) in the project vicinity to assess the existing Level of Service (LOS) and anticipated LOS with the development of the project (Attachment #9).
x Hillcrest Drive/Rancho Conejo Boulevard
x Hillcrest Drive/Ventu Park Road
x Rancho Conejo Boulevard/U.S. 101 NB Ramps
x Borchard Road/U.S. 101 SB Ramps
Per that study, all existing intersections currently operate at a LOS “C” or better during morning and evening peak hours, which would remain unchanged by the proposed project.

In addition, as required by CEQA, a Vehicle Miles Traveled (VMT) analysis was conducted to evaluate the project’s transportation impacts. The VMT study findings are provided in Table 10, Project VMT Analysis Summary.

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Table 10 – Project VMT Analysis Summary
Project
Component
VMT Calculation
Methodology
Citywide
Average Daily
VMT
Project
TAZ*
Daily VMT
Project
Difference
Residential Citywide average
daily VMT per
resident

15.32 VMT 10.31
VMT
32% less
than the
City-wide
average
Commercial Citywide average
daily VMT per
employee

22.51 VMT 18.49
VMT
18% less
than the
City-wide
average
* TAZ = Traffic Analysis Zone
The VMT analysis of the project determined the impacts resulting from the project would be less than significant and no mitigation measures are required (see the Transportation Section included with the DEIR). As shown in Table 10, the project’s daily residential VMT per capita and commercial VMT per employee would be approximately 32% and 18% less than the City-wide averages, respectively. As such, neither the VMT per capita nor VMT per employee would exceed the Citywide exiting citywide average VMT baselines, and the project generated VMT impact would be less than significant. It should be noted that the VMT analysis assumed a proposed ground-floor commercial area of 6,500 sq. ft, which was later reduced to 5,300 sq. ft. in the current site plan. The resulting analysis is conservative in assuming more intense development than would occur, and actual impacts would be reduced.

In addition, the Public Works Department has included conditions of approval requiring adequate vehicular and pedestrian sight visibility, traffic impact fees, and any necessary traffic control signs and/or striping.

Grading
Proposed grading quantities include approximately 52,800 cubic yards (c.y.) of cut and 4,700 c.y. of fill, with an export about 48,100 c.y. export due to excavation for the underground parking garages and modifications to the site characterized by a descending slope from the northern (front) to southern (rear) of the site. Using a capacity of 14 c.y. per truck, it is estimated that 6,872 truck trips will be necessary to haul away the dirt, consisting of 3,436 loaded truck trips and 3,436 returning empty truck trips. The proposed project will not involve grading impacts to 25% or greater natural terrain.

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Conditions are included requiring the applicant to obtain a grading permit which requires a description of the grading activities, including a haul route, number of truck trips per day, proposed hours of operation, traffic control measures, and identification of the disposition location.

With inclusion of mitigation measures identified in the EIR and conditions of approval, including, but not limited to, dust and rodent control, amongst other measures, the proposed grading will have a less than significant impact on surrounding properties. Additionally, the TOMC limits construction hours between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday with no work allowed on Sunday or City recognized holidays, so no grading activities or truck trips are permitted to occur outside these hours.

Special Use Permit (2022-70779-SUP)
In addition to obtaining approval from the State for an Alcoholic Beverage License, businesses in Thousand Oaks that propose to offer on-site sale and consumption of alcoholic beverages must obtain approval of a Special Use Permit (SUP) from the City. Special Use Permits are intended to evaluate business operations and uses that may or may not be appropriate at specific locations within a specific zoning district. In approving a Special Use Permit, project conditions are imposed that are site-specific to ensure that uses are not in conflict with surrounding properties and uses.

Approval of the requested SUP for this project will cover future businesses that intend to operate under a liquor license within the property’s retail area. Future businesses would be allowed the option to transfer the SUP to their name and assume the responsibilities of the permit through review and approval of a Special Use Permit – Minor Modification application prior to occupancy. The specifics of future tenants including exact business type and hours of operation are not known currently.

The project site shares one common property line with the Linden Apartments to the east, which means the project site is within 400 feet of known sensitive use established by the City’s Municipal Code (residences, schools, hospitals, convalescent hospitals, hotels, motels, etc.). The potential use involving sale and consumption of alcohol at the project site will be compatible with land uses in the vicinity that are predominantly commercial and industrial uses, including an existing restaurant located within the Amgen headquarter building located at 1 Amgen Center Drive, 7-Eleven across Rancho Conejo Boulevard, and a gas station at the northwest corner of the subject property. The commercial spaces which could be leased by tenants seeking to serve alcohol are clustered close to the West Hillcrest Drive and Rancho Conejo Boulevard intersection and are Item No. 8B
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physically separated from the residential uses on the adjacent property to the east by onsite multifamily structures, parking areas, and landscaping. Conversely, as the commercial uses will be open to the public, it is anticipated to be an amenity to those living in the adjacent residential development and those working in the adjacent industrial and commercial developments. Therefore, the project will be compatible with the land uses in the vicinity.

Staff has reviewed the proposed restaurant and lounge with alcohol service use in the context of the Findings contained within TOMC Sec. 9-4.2803, and has found that the project, as conditioned, would be consistent with these Findings as specified in the draft Resolution (Attachment #5).

Protected Trees (2022-70780-PTP)
The site contains twenty-eight (28) protected coast live oak (Quercus agrifolia) trees on-site per the Oak Tree Report dated May 4, 2023 (Attachment #10). This report evaluated the health of each tree and the extent of the impacts resulting from project activities. The project design requires removal of 17 protected coast live oak trees and encroachment into the protected zone of eight coast live oak trees. Three coast live oak trees will be saved and not encroached upon.

Descriptions of the protected trees impacted by the proposed development through removal and encroachment are provided in Table 11 below. It should be noted that trees numbered 1 to 7, 13 to 26, and 28 were planted as part of a previously required landscape plan. Trees numbered 8 to 12, and 27 grew from acorns and are all proposed to remain.

Pruning of four of the 28 protected Coast Live Oak (Quercus agrifolia) trees onsite is proposed in order to maintain proper clearance over proposed sidewalks, outdoor patios, and driveways. Encroachment within the protected zone of eight protected trees, including the pruning of four trees, is necessary to accommodate proposed improvements and grading activities associated with construction of the new mixeduse building and multi-family residential building. A City Landscape Consultant provided an independent evaluation of the applicant’s report and recommendations contained therein for the work occurring within the protected zone of the oak and landmark trees. The City consultant concluded that, with the inclusion of the suggested project conditions, including appropriate work methods and monitoring for the work performed around the protected oak trees, that the proposed encroachments will not have a detrimental effect on the health of trees.

If any of the eight trees which are to be encroached upon die within five years of the encroachment, they shall be replaced at the 3:1 ratio required for the removal of live trees required by the Oak Tree Preservation and Protection Ordinance.

Item No. 8B
Latigo Hillcrest, LLC (DP 2022-70773/EIR 2022-70774)
June 5, 2023

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Table 11: Impacted Protected Trees
Tree No. Common Name Trunk Diameter Health Appearance1
Retain and Protect
9 Coast Live Oak 5.4” Excellent A
11 Coast Live Oak 2.5” Excellent A
12 Coast Live Oak 2.5” Excellent A
Removal
1* Coast Live Oak 10.2” Excellent A
2* Coast Live Oak 13.6” Excellent B
3* Coast Live Oak 7.9” Good B
4* Coast Live Oak 11.7” Excellent A
5* Coast Live Oak 20.25” Excellent B
6* Coast Live Oak 13.35” Poor C
15* Coast Live Oak 31.25” at 36” Good A
16* Coast Live Oak 11.8” Excellent A
18* Coast Live Oak 6.35” Fair D
19* Coast Live Oak 3.5” Very Poor D
20* Coast Live Oak 17.2” Good B
21* Coast Live Oak 16.9” Good A
22* Coast Live Oak 12.4” Good A
23* Coast Live Oak 18.6” Good A
24* Coast Live Oak 19.6” Fair B
25* Coast Live Oak 9.55” Good A
26* Coast Live Oak 15.6” Good A
Pruning/Encroachment
7* Coast Live Oak 20.05” Good B
8 Coast Live Oak 6.7”, 7.25” at 42” Excellent A
10 Coast Live Oak 2” Excellent A
13* Coast Live Oak 7.85” Excellent B
14* Coast Live Oak 15.3” Excellent A
17* Coast Live Oak 17.95” Good A
27 Coast Live Oak 2” Excellent A
28* Coast Live Oak 11.4” Good B
*Trees planted as part of a previously required landscape plan.

The removal of 17 other protected trees is necessary to allow adequate vehicular and pedestrian circulation and parking facilities, the latter being stated as a City 1 A= This tree is symmetrical, having the ideal form and appearance for the species, B= This tree, though non-symmetrical, has an appealing form with very little dieback, C=This tree is nonsymmetrical with an unappealing form and/or has much dieback, D = this tree has few, if any positive characteristics
Item No. 8B
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Council priority during the public hearing initiating the General Plan Amendment and allocating the residential capacity. The tree impacts result from site preparation, grading activities for the proposed mixed-use and residential buildings, and associated site improvements. Figure 7 demonstrates the development areas and tree locations affected by the proposed construction activities. Existing protected trees located along the public right-of-way were prioritized for preservation both with and without conditional encroachments.

Figure 7 – Protected Tree Impacts On Site

The Oak Tree Preservation and Protection Ordinance allows for oak tree encroachments and removals if the request is not contrary to the purpose and intent of the ordinance. In this case, the removal of the 17 oak trees and encroachment into the protected zone of eight oak trees is consistent with the intent of the oak tree preservation and protection ordinances since the removals Item No. 8B
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will be replaced with three trees for each one removed (3:1 ratio - two 24” box and one 36” box tree).

The quantity and size are as follows:
x 11 twenty-four (24”) inch box specimens, and
x 40 thirty-six (36”) inch box specimens.

Figure 8 – Replacement Tree Plan
As seen in Figure 8, 20 Coast Live Oak (Quercus agrifolia), 20 Valley Oak (Quercus lobata) trees, and 11 Western Sycamore (Platanus racemose), all 36- inch box specimens, are to be provided onsite per the Replacement Tree Plan seen on sheet L5-2 within the Project Plan Set (Attachment #8). Per Resolution 2010-014, only the oak tree species count towards the number of replacement Item No. 8B
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trees required. Therefore, the applicant will either need to submit a new Replacement Tree Plan, propose the planting of the trees at an off-site location for public benefit, subject to Community Development Director approval, or provide an in-lieu cash payment to the City’s Open Space Conservation Fund used toward acquisition of open space, as prescribed by Resolution 2010-014.

Further, replacement trees have been strategically located around the perimeter of the subject property in order to provide a physical barrier between the residential structures and surrounding roadways. Such placement would provide visual screening to and from the roadways and reduce noise entering the site. Therefore, staff supports the proposed replacement tree layout. In addition, replacement trees included in the easement area along Rancho Conejo Boulevard complement the designated City Gateway area as required by Resolution No. 93-152.

Staff has reviewed the proposed protected tree removals and encroachments in the context of the Findings contained within TOMC Sec. 9-4.4206(b), and has found that the project, as conditioned, would be consistent with these Findings as specified in the draft Resolution (Attachment #4).

Development Agreement (2022-70777-DAGR)
A DAGR is required for approval of projects that receive allocation of Measure E units (Attachment #7). This agreement is a contract between the property owner and the City to ensure specific deliverables and site expectations are in place to ensure public benefit, such as the inclusion of affordable units and site improvements. Thousand Oaks Municipal Code Section 9-11.01 et seq. outlines the process for implementation of a development agreement. The applicant’s representatives and staff have worked together to prepare an agreement in compliance with the Municipal Code that identifies public and private benefits and responsibilities.

The DAGR lists various obligations and benefits received by the parties in the Agreement. If the project is approved and constructed as proposed, the City will have 301 market-rate, 30 very-low-income restricted affordable units, and three moderate-income restricted affordable units to add to its residential stock and count towards the current RHNA requirements from the State, as well as the demolition of an aging commercial site, and replacement of the existing city gateway sign.

In return for these public benefits, the applicant’s application will be considered for approval of the General Plan Amendment and the requisite Measure E unit allocation required to build the mixed-use multi-family apartment development.

Item No. 8B
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Additional points of this Development Agreement include timelines for the construction and an outline of the project’s green initiatives.

Environmental Review (CEQA) (2022-70774-EIR)
In accordance with the California Environmental Quality Act (CEQA), a comprehensive evaluation of the potential environmental impacts for this project was performed. This evaluation determined that the project could have a significant effect on the environment without appropriate mitigation measures in place, therefore an EIR (Attachment #11 and #12) was prepared for the project.

Appropriate measures are detailed in the report to ensure mitigation is in place so no significant adverse environmental impact results from the project. To that end, a mitigation monitoring plan is required to ensure the indicated mitigation measures are applied to the project (Attachment #4, Exhibit A).

A Notice of Availability was posted with a 45-day public review period for the Draft Environmental Impact Report between April 7, 2023 and May 22, 2023. Staff received several comments which are included in the attached DEIR Response to Comments (RTC). Staff is therefore recommending the Planning Commission consider the DEIR prepared for the project in accordance with the California Environmental Quality Act (2022-70774-EIR).

CORRESPONDENCE
Staff received public correspondence in which several agencies and organizations commented on the Draft EIR as mentioned above. No other public comments other than those made on the DEIR were received (see Attachment #11).

CONCLUSION
The proposed project has been designed to meet the intent of the City’s General Plan, standards, codes, and policies. The proposed building design and site layout integrates well with surrounding development and has a cohesive architectural design meeting the City’s Architectural Design Guidelines, by including pedestrianoriented site plan emphasizing public and private exterior spaces. Based on the analysis and findings contained in this report, staff recommends approval of this project, subject to the conditions of approval in the attached Ordinances and Resolutions as well as recommends to City Council the adoption of the Environmental Impact Report prepared for the project in accordance with CEQA.

PREPARED BY: Justine Kendall, Associate Planner
Item No. 8B
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June 5, 2023

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Attachments:

Attachment #1 – Vicinity Map
Attachment #2 – Location Map
Attachment #3 – Aerial Photo
Attachment #4 – Resolution for 2021-70169-LU; 2022-70773-DP; and 2022-70780-PTP
Attachment #5 – Resolution for 2022-70779-SUP
Attachment #6A – SP-24 Ordinance
Attachment #6B – SP-24
Attachment #7A – DAGR (2022-70052-DAGR) Ordinance
Attachment #7B – DAGR (2022-70052-DAGR) Draft Agreement Attachment #8 – Project Plans, dated May 26, 2023
Attachment #9 – 2150 Hillcrest Drive Traffic, Circulation and Vehicle Miles Traveled Study dated November 11, 2022
Attachment #10 – Oak Tree Report, dated May 4, 2023
Attachment #11 – Draft EIR (2022-70774-EIR)
Attachment #12 – Final EIR (2022-70774-EIR)
cdd:420-82/H:COMMON/Planning Commission/Agenda Packet/2023/2023-06-05/Latigo Hillcrest/07B Latigo 2022-70773 Staff Report.docx/pz (FILE ID: 2022-70773-DP)
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Item No. 8B
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CITY OF THOUSAND OAKS

PLANNING COMMISSION
RESOLUTION NO. _____PC

A RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF THOUSAND OAKS

RECOMMENDING CITY COUNCIL CERTIFY THE

FINAL ENVIRONMENTAL IMPACT REPORT AND

ASSOCIATED MITIGATION MONITORING AND

REPORTING PROGRAM AND APPROVE A

GENERAL PLAN LAND USE ELEMENT
AMENDMENT, ZONE CHANGE; SPECIFIC PLAN;
DEVELOPMENT AGREEMENT; DEVELOPMENT
PERMIT; AND PROTECTED TREE PERMIT FOR

THE USE OF CERTAIN PROPERTY WITHIN SAID
CITY AT 2150 WEST HILLCREST DRIVE
Applications: General Plan Land Use Element Amendment (LU) 2021-70169- LU; Zoning Change (Z) 2022-70776-Z; Specific Plan (SP) 2022- 70778-SP; Development Agreement (DAGR) 2022-70777-
DAGR; Development Permit (DP) 2022-70773-DP; Protected
Tree Permit (PTP) 2022-70780-PTP; and Environmental Impact Report (EIR) 2022-70774-EIR
Applicant: Latigo Hillcrest, LLC
Location: 2150 West Hillcrest Drive
Assessor’s Parcel Number (APN): 667-0-113-075
SECTION 1
The Planning Commission of the City of Thousand Oaks, California, DOES RESOLVE AS FOLLOWS:

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

1. 2022-70774-EIR: Consider the Final Environmental Impact Report (EIR), including Mitigation Monitoring and Reporting Program (MMRP) prepared in accordance with the California Environmental Quality Act (CEQA) for the subject project; and
ATTACHMENT #4

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Item No. 8B
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2. 2021-70169-LU: Amend the General Plan Land Use Element designation for the 8.19-net acre residential portion from Commercial to Commercial/Residential; and

3. 2022-70776-Z: Change the zoning designation of Community Shopping Center (C-3) to Specific Plan-24 (SP-24); and

4. 2022-70778-SP: Adopt SP-24 to establish specific development standards for the subject development areas; and

5. 2022-70777-DAGR: To create a binding contract that vests the rights of the applicant to a specific project, set forth the time period to construct the project, and specify public and private benefits and responsibilities related to the project; and

6. 2022-70773-DP: To allow the construction of a four-story mixed-use development encompassing 629,437 gross square feet (sf) of building area, that would contain 333 multi-family residential units (including 30 very low-income and 3 moderate-income affordable units), common areas and amenities, 5,300 gross square feet of commercial retail and restaurant space above semi-subterranean parking structures containing a total of 462 structured parking spaces, and surface parking areas with a total of 119 parking spaces (581 total parking spaces); and

7. 2022-70779-SUP: To allow a California Department of Alcoholic Beverage Control (ABC) Type 47 License (On-sale General – Eating Place) to accommodate a potential future commercial use; and

8. 2022-70780-PTP: To allow removal of 17 coast live oak (Quercus agrifolia) trees, as well as the encroachment into the protected zone of eight coast live oak (Quercus agrifolia) trees.

WHEREAS, on March 20, 2023, a Notice of Application sign was posted on the subject property to inform the public of the proposed project at the early stages of the project; and
WHEREAS, on March 23, 2023, a Notice of Application was mailed to all property owners and occupants within a 500-foot radius of the subject property; and
WHEREAS, on May 22, 2023, a Notice of Planning Commission Public Hearing sign was posted on the subject property; and
Item No. 8B
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WHEREAS, on May 22, 2023, Notice of Planning Commission Public Hearing was mailed to all property owners of record within a 500-foot radius of the subject site; and
WHEREAS, on May 22, 2023, Notice of Planning Commission Public Hearing was published in a newspaper of general circulation within the City of Thousand Oaks; and
WHEREAS, the Planning Commission, upon giving the required notice, did, on the 5th day of June 2023, conduct a duly advertised public hearing as prescribed by law to consider said application; and
WHEREAS, at the June 5, 2023, Planning Commission public hearing, oral and written evidence, including a staff report, were presented and received, and comments and arguments were heard from all interested parties appearing in the matter.

SECTION 2
WHEREAS, pursuant to CEQA, City conducted environmental review of the project, prepared and duly processed an Environmental Impact Report (“The Latigo Hillcrest Project EIR”), consisting of a Draft EIR dated April 2023 and a Final EIR dated May 2023, and prepared an MMRP for implementation of mitigation measures specified in the EIR; and
WHEREAS, pursuant to CEQA (Public Res. Code, Section 21000 et seq.), the State CEQA Guideline (14 CCR Section 15000 et seq.) and the City of Thousand Oaks’ Local CEQA Guidelines, the City of Thousand Oaks (City) is the lead agency for the Project, as the public agency with general governmental powers; and
WHEREAS, the City, as the lead agency, determined that an EIR would be prepared pursuant to CEQA in order to analyze all potential adverse environmental impacts of the Project; and
WHEREAS, the City issued a Notice of Preparation (NOP) of a Draft EIR on October 24, 2022 and circulated the NOP for a period of 30 days, pursuant to State CEQA Guidelines Sections 15082(a), 15103 and 15375; and WHEREAS, pursuant to State CEQA Guidelines section 15082, the City solicited comments from potential responsible agencies, including details about the scope and content of the environmental information related to the responsible agencies area of statutory responsibility, as well as the significant environmental issues, reasonable alternatives and mitigation measures that the responsible agency would have analyzed in the Draft EIR; and
Item No. 8B
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WHEREAS, approximately six written statements were received by the City in the response to the NOP, which assisted the City in narrowing the issues and alternatives for analysis in the Draft EIR; and
WHEREAS, a public scoping meeting was held on November 2, 2022, to familiarize the public with the Project and the environmental review process and receive input as the scope of the Draft EIR and issues of community concern; and WHEREAS, the Draft EIR was completed and released for public review on April 6 and City initiated a 45-day public comment period by filing a Notice of Completion and Availability; and
WHEREAS, pursuant to Public Resources Code section 21092, the City also provided a Notice of Completion and Availability to all organizations and individuals who had previously requested such notice and published the Notice of Completion on April 6, 2023, in a newspaper of general circulation in the Project area. Pursuant to the City of Thousand Oaks Local CEQA Guidelines, the Notice of Availability was mailed to all residents and property owners with 500 feet of the Project. The Draft EIR was posted on the City’s website, public counter and public libraries; and
WHEREAS, following the closure of the public comment period, all comments received on the Draft EIR during the comment period, the City’s written responses to the significant environmental points raised in those comments were added to the Draft EIR to produce the Final EIR, and
WHEREAS, prior to taking action, the Planning Commission has heard, been presented with, reviewed and considered all of the information and data in the administrative record, including Final EIR, and all oral and written evidence presented to it during all the meetings and public hearing; and WHEREAS, the Final EIR reflects the independent judgement of the City and is deemed adequate for purposes of making decisions on the merits of the Project; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred;
WHEREAS, the Planning Commission supports adoption and certification of said 2022-70774-EIR, and makes the following findings of fact and recommends the following to City Council:

1. 2022-70774-EIR was prepared in accordance with the requirements of CEQA, includes all comments received on the Draft EIR and the City’s response thereto, reflects the independent judgement of the City of Thousand Oaks, and has been reviewed and considered by the City Council prior to making its decision.

Item No. 8B
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2. Changes or alterations have been incorporated into the project through design or conditions that reduce potentially significant environmental impacts to a less than significant level, as identified in the Final EIR.

3. The Final EIR (2022-70774-EIR) identifies Biological Resources; Cultural, Tribal Cultural, and Paleontological Resources; Hazards and Hazardous Materials; and Noise as potential and less than significant impacts.

Mitigation Measures have been imposed upon the project which will feasibly reduce or eliminate any potential adverse effects to less than significant levels. On the basis of Final EIR, the MMRP and any comments received, it is found that, as mitigated there is no substantial evidence that the project will have a significant effect on the environment.

4. An MMRP has been prepared for the project associated with this application and is incorporated herein by reference. The MMRP designates responsibility and anticipated timing for the implementation of mitigation measures imposed as conditions of approval which are fully enforceable through fees, permit conditions, agreements or other measures. The MMRP attached as Exhibit A and incorporated by reference describes the mitigation measures recommended by the EIR to reduce and avoid potential significant effects of the project, and adequately identifies the appropriate timing and enforcement details for each to ensure each mitigation measure is implemented.

5. 2022-70774-EIR has been reviewed for conformance with the provisions of the California Environmental Quality Act. For this application, the City is the Lead Agency and, on behalf of the Applicant, the City Council is being asked to (a) adopt and make the CEQA Findings and certify the EIR as legally adequate under CEQA as to each development application associated with the project and (b) adopt the MMRP and incorporate its provisions as conditions of approval for project to the extent appropriate.

6. The Planning Commission has reviewed and considered the information contained in the project Final EIR, and written and oral comments regarding environmental effects. The project EIR was prepared in accordance with the requirements of CEQA, includes all comments received on the EIR and the City’s response thereto, reflects the independent judgement of the City of Thousand Oaks, and the Planning Commission is being asked to recommend to City Council the adoption of the Final Environmental Impact Report (FEIR) that was prepared for the project. Each of the following Commission findings is supported by and elaborated in the attached CEQA Findings.

Item No. 8B
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7. Based on all written and oral evidence and testimony in the record, the project EIR (a) complies with the requirements of CEQA and adequately identifies and considers all potential significant environmental effects of the General Plan Amendment; Zoning Change; Specific Plan; Development Agreement; Development Permit; Special Use Permit; and Protected Tree Permit, and (b) reflects the City’s independent judgment and analysis.

8. The Planning Commission recommends that the City Council adopt and make the CEQA Findings and certify the Final EIR as legally adequate under CEQA as to each development application associated with the project and adopt the MMRP and incorporate its provisions as conditions of approval for each of the development applications associated with the project to the extent appropriate.

SECTION 3
WHEREAS, the Planning Commission of the City of Thousand Oaks, has given notice thereof as required by law, held a public hearing on the application of the City of Thousand Oaks with respect to the requested General Plan Amendment No. (LU) 2021-70169-LU, to change the General Plan land use designation of Commercial to Commercial/Residential; and
WHEREAS, the Planning Commission has carefully considered all pertinent testimony and the staff report offered in the case as presented at the public hearing; and
WHEREAS, the finding of the Planning Commission supporting approval of said 2021-70169-LU is as follows:

1. The General Plan amendment is consistent with the Thousand Oaks Land Use Element of the General Plan, as proposed to be amended, in that the subject property will be designated as Commercial/Residential Land Use category and located within the proposed SP-24, which are compatible with the goals and policies of the General Plan, as described in the findings below.

In response to the types of amendments which require voter approval described in Sec. 9-2.203(b):

2. The amendment will not affect any land area designated as “Existing Parks, Golf Courses, Open Space.” The site is currently designated as “Commercial’ and will be re-designated as “Commercial/Residential”.

3. On April 27, 2021, the City Council adopted Resolution No. 2021-006, “A Resolution of the City Council of the City of Thousand Oaks Declaring Intention to Consider an Amendment to the Land Use Element of the Item No. 8B
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General Plan and Allowing Concurrent Processing of Entitlement Applications for Land Use Located at 2150 W Hillcrest Dr (LU 2021-70168/ RCA 2021-70169: Latigo Hillcrest LLC)”. As part of that Resolution, the City Council approved Residential Capacity Allocation (RCA) 2021-70168-RCA, allocating 246 residential dwelling units of Citywide Measure E residential capacity to Latigo Hillcrest and initiated LU 2021-70169, allowing staff to process the application to amend the Land Use Element of the General Plan. A time extension of these approvals was requested by the applicant and approved by the City Council on March 29, 2022.

Measure E units are only required to be allocated to sufficiently allow for the base density of the property (in this case, 30 du/acre). Any units added to the project due to activation of state density bonus law are not required to be contemplated by Measure E. Therefore, there is no increase or change in the maximum number of residential dwelling units which could be proposed from the existing condition.

4. As the development is demolishing a 56,667 square foot commercial structure to build, in part, 5,300 of commercial space, the project does not produce a net increase in excess of the land areas so designated, or in excess of the dwelling unit per net acre density ranges shown on the Land Use Element of the City’s General Plan as of November 5,1996 and no new commercial allocation is required.

SECTION 4
WHEREAS, the subject property is the site of a vacant building formerly occupied by Amgen (most recently known as Amgen Building 34) that has been vacant since 2021, and;
WHEREAS, the zoning on the property is currently “Community Shopping Center (C-3)” and new designation would be “Specific Plan-24 (SP-24)” to facilitate the development of a four-story mixed-use development comprised of 333 multifamily residential units (including 30 very low-income and 3 moderate-income affordable units) and 5,300 square feet of commercial restaurant space; and WHEREAS, the Planning Commission of the City of Thousand Oaks, has given notice thereof as required by law, held a public hearing on the application of the City of Thousand Oaks, with respect to the requested Zone Change 2022- 70736-Z, to change the zoning from “Community Shopping Center (C-3) to Specific Plan 24 (SP-24); and
WHEREAS, the Planning Commission has carefully considered all pertinent testimony and the staff report offered in the case as present at the public hearing, and
Item No. 8B
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WHEREAS, the findings of the Planning Commission supporting approval of said 2022-70776-Z through City Council adoption of an ordinance prepared in accordance with the requirements of the TOMC, are as follows:

1. The proposed zone change will re-designate approximately 8.28-acres of land from Community Shopping Center (C-3) to the Hillcrest Specific Plan– 24 (SP-24) in order to remain consistent with the subject property’s General Plan Land Use Element designation, which will be Commercial/Residential, upon adoption by City Council. This designation permits commercial uses, residential uses, or a combination of both commercial and residential, in support of the General Plan goal “to provide the framework for a planned and unified community containing a balance of living, working, shopping, educational, civic, cultural and recreational facilities.”. The proposed project includes commercial and residential development on the site. Further, the proposed project is consistent with the General Plan goals to provide opportunities “enabling commercial, industrial and residential development to flourish in an efficient and compatible manner.” Therefore, the proposed specific plan is in alignment with Thousand Oaks General Plan goals and policies.

3. The proposed Zone Change has been reviewed for conformance with the provisions of the California Environmental Quality Act. For this application, the City is the Lead Agency and, on behalf of the Applicant, the City Council is being asked to certify the Final EIR that was prepared for the project. The Final EIR identifies where all areas listed as potentially significant have been mitigated to levels that are no longer significant, through the inclusion of mitigation measures, which the applicant shall comply with under the proposed conditions of approval.

SECTION 5
WHEREAS, local governments are authorized by Government Code Section 65450 et seq., to prepare specific plans for the systematic implementation of the General Plan; and
WHEREAS, the specific plan application has been initiated and prepared to facilitate the development of a four-story mixed-use development comprised of 333 multi-family residential units (including 30 very low-income and 3 moderate-income affordable units) and 5,300 square feet of commercial restaurant space on approximately 8.28 gross acre parcel; and
WHEREAS, the Specific Plan implements the policies of the General Plan by providing an orderly, functional and compatible land use pattern to guide the future growth and development of Thousand Oaks and its planning area; ensuring that the type, amount, design, and pattern of all land uses through the City and planning area serve to protect and enhance the character and image of Thousand Item No. 8B
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Oaks as a desirable community; and providing for an orderly pattern of future development and change throughout the City that will be both compatible with and beneficial to existing land uses and which will provide residents with a desirable urban environment in which to live, work, shop, and play; and WHEREAS, the Specific Plan contains all the necessary elements required by section 65451 of the Government Code and Article 4 of the Thousand Oaks Municipal Code, and the Specific Plan was referred to all affected public agencies pursuant to sections 65453 and 65352 of the Government Code, and WHEREAS, the Specific Plan was reviewed, studied, and found to be subject to the California Environmental Quality Act and an Environmental Impact Report has been prepared for the project in compliance with CEQA; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred; and
WHEREAS, the findings of the Planning Commission supporting approval of said 2022-70778-SP through City Council adoption of an ordinance prepared in accordance with the requirements of the TOMC, are as follows:

1. SP-24 establishes development standards, allowed uses and policy guidelines for a mixed-use development. SP-24 is required as the TOMC does not currently include a zoning designation which allows for a mix of commercial and residential uses on the same site. Along with the allocation of 246 dwelling units of the Citywide Measure E capacity to SP-24, the mixed-use project with building frontage along Hillcrest Drive is consistent with all Elements of the Thousand Oaks General Plan.

2. The development standards and uses of the Specific Plan, along with the companion land use amendment, is consistent with all applicable Elements of the Thousand Oaks General Plan, including the Land Use Element designation of “Commercial/Residential” and with the General Plan goal, “to provide the framework for a planned and unified community containing a balance of living, working, shopping, educational, civic, cultural and recreational facilities.” In addition, the Specific Plan and project will be consistent with the housing element to provide rental housing in the form of 30 very-low-income affordable units.

3. The proposed project and Specific Plan are unified by design. The specific plan specifies development standards with respect to building location, height, number of required parking spaces, allowed uses, and other development standards. Since these project details are specified in the specific plan, the project’s standards are bound by SP-24, and are therefore, consistent.

Item No. 8B
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4. The Specific Plan standards and proposed project are consistent with the City’s Architectural Guidelines as conditioned in that the project design provides for vertical and horizontal building articulation and a variety of colors/materials.

5. The project is consistent with all applicable laws, regulations and policies, including the Thousand Oaks Municipal Code that allows for specific development standards through adoption of a specific plan.

6. The proposed Specific Plan has been reviewed for conformance with the provisions of the California Environmental Quality Act. For this application, the City is the Lead Agency and, on behalf of the Applicant, the City Council is being asked to certify the Final Environmental Impact Report that was prepared for the project. The Final EIR identifies where all areas listed as potentially significant have been mitigated to levels that are no longer significant, through the inclusion of mitigation measures, which the applicant shall comply with under the proposed conditions of approval.

SECTION 6
WHEREAS, the findings of the Planning Commission supporting approval of said 2022-70773-DP are as follows:

1. The project is consistent with the Thousand Oaks General Plan and any applicable specific plan or redevelopment plan (TOMC Section 9-4.2803(c)(1)).

The City of Thousand Oaks General Plan land use designation for the subject parcel is “Commercial” and has a corresponding zoning designation of Community Shopping Center (C-3). The land use designation and zoning designation are to be changed to “Commercial/Residential” and “SP-24” respectively. SP-24 is required as the TOMC does not currently include a zoning designation which allows for a mix of commercial and residential uses on the same site. The project consists of the construction of two buildings (which appear as six buildings aboveground) including 333 multi-family residential units (including 30 very low-income and 3 moderate-income affordable units), common areas and amenities, 5,300 gross square feet of commercial retail and restaurant space above semisubterranean parking structures. As described in the table below, the development is consistent and would not conflict with City land use goals and policies of the General Plan:

Item No. 8B
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General Plan Land Use Consistency
Applicable Land Use Goals and Policies Consistency Analysis General Land Use Development Goals and Policies
Goal: To provide the framework for a planned and
unified community containing a balance of living,
working, shopping, educational, civic, cultural,
and recreational facilities.

Would not Conflict. The project is a mixed-use
development that would provide multi-family dwelling
units and general commercial space for retail stores
and/or restaurants. The project would provide
recreational features such as a pool, social roof
decks, playground, dog play area, and barbeque
area. The commercial spaces (suitable for retail or
restaurant use) would be open to the public, as well
as the outdoor open spaces proximate to those uses,
providing public benefits, as well.

Goal: To provide and maintain a system of natural
open space and trails.

Would not Conflict. The project would provide
walking paths, gardens, terraces, and open space
uses. The project’s separate structures would be
connected by various walking paths, breezeways and
bridges. Existing or potential open space would not
be disturbed by the project.

Goal: To develop appropriate additional tools
enabling commercial, industrial and residential
development to flourish in an efficient and
compatible manner.

Would not Conflict. The project is a mixed-use
development that would provide multi-family dwelling
units and commercial to be available for retail stores
and restaurants. The uses are integrated into the
frontage area of the site, which is connected to West
Hillcrest Drive, Rancho Conejo Boulevard, and
internally via walking paths and breezeways on the
street level.

Goal: To provide a high-quality environment,
healthful and pleasing to the senses, which values
the relationship between maintenance of
ecological systems and the people's general
welfare.

Would not Conflict. The development plans to
landscape the project site around walkways and
streets with various understory plants and oak trees.

The project site contains 28 coast live oak trees, and
17 of these are proposed for removal. Replacement
trees would be planted (see Section 4.3 Biological
Resources), in accordance with the TOMC and the
City’s Oak Tree Preservation and Protection
Guidelines, resulting in at least three trees being
planted for each removal.

Policy: The City's unique natural setting will be a
guide to its future physical shape. In general,
development will occur in the low-lying areas with
the natural hills and mountains being preserved in
open space. A ring of natural open space will be
created around the City. The City will support and
encourage open space/greenbelt buffers around
it, separating the City from adjoining communities.

Would not Conflict. The project site is currently
General Plan-designated and zoned for commercial
use. The project site is relatively flat and the site at ground level would essentially be flat following
development. The project is over 1.5 miles from the
nearest City of Thousand Oaks boundary line, and
would not disturb the surrounding natural ring of open
space around the City. The development would
increase the connectivity of the area through walking
paths and landscaping on the project site.

Policy: Through good design and the
implementation of appropriate development tools,
a freeway corridor image will be created making
Thousand Oaks visually distinct from surrounding
communities, retaining the special qualities of the
landscape, viewshed and open space which
originally attracted people to the area.

Would not Conflict. Since the project site is within
1,000 feet of the centerline of U.S. Highway 101,
development is required to comply with the
Guidelines for Development within the Corridors of
the Route 101 and 23 Freeways Corridor, pursuant
of Resolution No. 91-172. The project site
development would not obstruct views of distant
Item No. 8B
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Applicable Land Use Goals and Policies Consistency Analysis open space or scenic views, as no such views are
available from the nearby freeway vantage points
overlooking the site. Although there are no public
viewsheds or corridors to be protected, such as views
of distant natural features, open space, public parks,
lakes, designated protected ridgelines, and any other
designated types of scenic resource, the project has
been designed to be sensitive to the existing
topography and proximity to the highway. These
design considerations include landscaping proposed
along the project perimeter, protective screening of
roof mounted mechanical equipment integrated into
the building’s overall design of wall and roof
components, and the increased setback between the
rear property line and the building adjacent to the
freeway to allow for reduced visual impact.

Architecturally, the proposed building design,
materials, and landscaping complement existing
uses as the color palette of browns and grays mimic
the colors used in the adjacent commercial and
residential developments.

Policy: Highly intensive land uses--major
industrial and commercial centers--should be
located in proximity to or within easy access of the
Ventura Freeway corridor.

Would not Conflict. The project area is within 1,000
feet from the centerline of U.S. 101 and includes
intensive commercial retail/restaurant and residential
land uses. Project implementation would not obstruct
the current easy access to the U.S. 101 corridor.

Policy: High density residential development will
have a range of 15 to 30 dwelling units of any type
per net acre and should be located primarily at
sites accessible and close to major centers of
activity and along the Ventura Freeway.

Would not Conflict. The project proposes a
residential base residential density of 30 dwelling
units per acre. A density bonus of 35% is granted so
a total of 333 dwelling units would be constructed.

The site is currently zoned C-3, which does not allow
for residential use. The project would require a
General Plan Amendment from Commercial to
Commercial/Residential. The General Plan Update’s
alternate endorsed land use map would designate
the site as mixed-use.

The maximum base density and unit cap for the
Hillcrest Specific Plan has been carefully formulated
and designed to the maximum allowable base
density used in other areas of the City with the same
land use, including the Commercial/ Residential Land
Use Designation included in Specific Plan No. 20,
which contains mixed-use developments, and the
multifamily (R-3) zone of the General Plan, both of
which allow 30 units per acre. This density would
result in a unit cap of 246 dwelling units, also known
as base density units, on a net area of 8.19 acres.

The project will reserve 11% of the base density units
(i.e., 28 units out of the bases of 246), for very lowincome earners. In addition, the project includes two very low-income units which do not incur additional
density bonus units.

Item No. 8B
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Applicable Land Use Goals and Policies Consistency Analysis By providing these affordable units, Section 65915 of
the California Government Code allows a 35 percent
density bonus of 87 bonus units, resulting in an
overall allowance of 333 dwelling units (30 du/ac
base density and 40 du/acre with density bonus).

Policy: The Commercial/Residential designation
in the Land Use Element shall mean that either
residential or commercial land uses may be
permitted on land so designated, provided that a
Specific Plan has been adopted for the land and
that the proposed uses are consistent with the
uses authorized by the Specific Plan.

Would not Conflict. The project is currently
designated for Commercial use and zoned as C-3
and requires a general plan amendment from
Commercial to Commercial/Residence. A General
Plan Amendment and a Zone Change to Specific
Plan 24 (Hillcrest Specific Plan) would allow for
mixed-use development at the project site. Site
development would be further prescribed the
proposed Specific Plan.

Policy: Low profile and aesthetically designed
signage shall be allowed for all developments; no
billboards shall be allowed.

Would not Conflict. Signage from this project would
be required to comply with Thousand Oaks Municipal
Code Section 9-4.2308.

Policy: Aesthetics: As the City ages, it is
important to maintain, improve and enhance the
City's aesthetic appearance.

Would not Conflict. The project development
maintains an existing 40 foot naturally landscaped
berm. The project provides landscaped open space
along the perimeter of the project site and
incorporates fourth-story stepbacks and roof decks
throughout. The Specific Plan that would be adopted
will be consistent with guidelines to maintain,
improve, and enhance City aesthetic appearance.

Policy: Strive to provide a balanced range of
adequate housing for Thousand Oaks Planning
Area residents in a variety of locations for all
individuals regardless of age, income, ethnic
background, marital status, physical or
developmental disability.

Would not Conflict. The project would develop 333
multi-family dwelling units. The unit types within the
mixed-use buildings include 180 one-bedroom units
including 40 one-bedroom plus den units, 125 twobedroom including two live/work units, and 28 threebedroom units. “Building A” provides 5,300 sq. ft. of commercial space as well as 65 residential units. and
268 units are provided within the residential-use only
building (“Building B”). Of the 333 residential units, 30 units are proposed to be designated as affordable to
very low-income households at with an income less
than 50% of the Ventura County average median
income (AMI) category, which is currently set at
$62,7050, adjusted for a four-person household size,
as published by the California Department of Housing
and Community Development (HCD) and three units
are proposed to be designated as affordable to
moderate-income households at with an income less
than 120% of the Ventura County AMI category,
which is currently set at $138,500, adjusted for a fourperson household size, as published by HCD.

Policy: Promote the upgrading of substandard
neighborhoods throughout the Planning Area to
prevent costly and undesirable deterioration.

Would not Conflict. The project would upgrade the
current site from an existing, unused office building
and parking lot to a mixed-use project that would
bring businesses and residents to the area.

Item No. 8B
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