Thousand Oaks City Council
June 20, 2023

MISSION STATEMENT:

Extraordinary Service to the Citizens We Serve is Our Purpose City Council

REGULAR MEETING
Tuesday, June 20, 2023
Andrew P. Fox City Council Chambers
Regular Session: 6:00 PM
If you would like to submit a written comment, please complete the online Comment Form. Please see Public Input section below for more information.

The Brown Act prohibits a person from having to register to attend a City Council meeting. The Zoom app requires registration if you would like to attend via video/teleconference. If you do not wish to register to attend the City Council meeting via Zoom, City Council chambers is open and accessible to the public.

If you would like to speak on an agenda item REMOTELY (NOT in person), please complete the online Speaker Form. Please see Public Input section below for more information.

In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the City Council meeting, please contact the City Clerk Department (805) 449-2151 within 48 hours of the meeting.

Kevin McNamee, Mayor
Al Adam, Mayor Pro Tem
Bob Engler, Councilmember
David Newman, Councilmember
Mikey Taylor, Councilmember
Executive Team
Andrew P. Powers, City Manager Tracy M. Noonan, City Attorney Ingrid Hardy, Assistant City Manager Jaime Boscarino, Finance Dir./City Treasurer Kelvin Parker, Community Development Director Clifford G. Finley, Public Works Director Laura B. Maguire, City Clerk Tim Giles, Human Resources Director Jonathan Serret, Cultural Affairs Director Jennifer Patterson, Library Services Director Jim Friedl, General Manager, CRPD Alexandra South, Strategic Communications/Public Affairs Dir.

Jeff Shea, Fire Chief Jeremy Paris, Police Chief
The following is provided to assist with public participation:

AGENDA AVAILABILITY: The City Council Agenda is posted at the entry to the Civic Arts Plaza/City Hall, 2100 E. Thousand Oaks Boulevard, Thousand Oaks [main posting location pursuant to the Brown Act, G.C. 54954.2(a)]. Agenda packet and “Live and Archived” meetings and minutes are available on the City’s website at www.toaks.org. Televised City Council Meetings are broadcast live and re-broadcast Thursdays at 6:00 p.m. and Sundays at 10:00 a.m. and 6:00 p.m. on TV (Frontier Channel 3, Spectrum Channel 10). Meeting videos are also available on YouTube (CTO Meetings) immediately following the live broadcast.

PUBLIC INPUT: To provide your comments to the City Councilmembers please submit comments via the online Comment Form. Written comment cards will also be available for submission at the meeting. If you would like to speak REMOTELY (NOT in person) on an agenda item during the meeting, please complete the online Speaker Form (you will be asked to provide an email address and telephone number). Be advised that those participating via Zoom do so at their own risk. The City Council meeting will not be cancelled if any technical issues occur during the meeting. If you would like to speak IN PERSON, speaker cards will be available at the meeting and MUST be submitted in person.

Doors open half an hour before meeting start time. Persons addressing the City Council are requested to state their name and community of residence for the record. If you need further assistance, please email the City Clerk Department at [email protected] or call (805) 449-2151. Please be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under the applicable law. Communications will NOT be edited for redactions and will be printed/posted as submitted.

SPANISH INTERPRETATION: If you need interpretation of your communications to the City Council from Spanish into English, please contact the City Clerk Department at (805) 449-2151 or by email at [email protected]. Notification of at least 48 hours will usually enable the City to make arrangements.

INTERPRETACIÓN AL ESPAÑOL: Si necesita una interpretación del español al inglés para sus comunicaciones al Consejo de la Ciudad, comuníquese con el Departmento del Secretario Municipal al (805) 449-2151 o por correo electrónico a [email protected]. Por favor, avísenos con al menos 48 horas de anticipación para que la ciudad pueda hacer los arreglos necesarios.

CONSENT CALENDAR: Matters listed on Consent Calendar that do not require significant reporting and/or discussion for decision or considered to be routine, will be approved by one motion as recommended. There will be no separate discussion unless Councilmember or staff member requests separate discussion prior to approval.

SUPPLEMENTAL INFORMATION: Any agenda related information received and distributed to the City Council after the Agenda Packet is produced is included in Supplemental Packets. Supplemental Packets are produced as needed, typically a minimum of two—one available on the Thursday preceding the City Council meeting and the second on Tuesday at the meeting. Both the Thursday and Tuesday Supplemental Packets are available for public review on the City’s website.

JUDICIAL REVIEW: Any legal action by an applicant seeking to obtain a judicial review of the City Council’s decision on a Hearing or issue listed on this Agenda may be subject to the 90-day filing period, of and governed by, Code of Civil Procedure Section 1094.6. Also refer to TOMC Section 1-4.05.

1. CALL TO ORDER: 6:00 p.m.

2. PLEDGE OF ALLEGIANCE:

3. ROLL CALL:

4. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:

5. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:

A. Business Recognition Program
B. Conejo Recreation and Park District (CRPD) Annual Update and Proclamation of National Park and Recreation Month

6. PUBLIC COMMENTS: To be heard before 6:45 p.m. If additional speakers for public comments remain at 6:45 p.m., remainder of speakers may be called at the end of the meeting. (Resolution Nos. 2011-066/067)

7. CONSENT CALENDAR:

A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:

Ratify June 7, 2023, and June 14, 2023; approve June 21, 2023, June 28, 2023, and July 5, 2023, subject to review and ratification
B. Minutes of City Council meeting of June 6, 2023
RECOMMENDATION:

Approve
C. Council on Aging Appointments
RECOMMENDATION:

1. Approve Council on Aging reappointments of Tony Gitt and Mary Jane Taintor to serve two-year terms ending July 2025.

2. Approve Council on Aging appointments Jim Bruno, Dorothy Hatfield, and Nivedita Vaidya to serve two-year terms ending July 2025.

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

D. Youth Commission Appointments
RECOMMENDATION:

1. Approve Youth Commission reappointments of Lindsay Freedman and Helen Reveles to serve one-year terms ending July 2024.

2. Approve Youth Commission reappointments of Benjamin Glaubke and Nithilan Jeyakumar to serve two-year terms ending July 2025.

3. Approve Youth Commission appointments of Chenya Kwon and Alex Lee to serve two-year terms ending July 2025.

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

E. Dudek Environmental Consulting Services
RECOMMENDATION:

1. Approve First Amendment to Task Order No. 3 (On-Call Contract No. 12520-2020) with Dudek Consulting of Santa Barbara, CA, to complete environmental documents for the Los Robles Comprehensive Cancer Center Project at 400 East Rolling Oaks Drive, in the amount of $169,527, increasing the total not-to-exceed amount to $294,527.

2. Authorize staff to waive formal Request for Proposal/Qualifications (RFP/Q) process and amend the task order to allow a not-to-exceed amount above the $125,000 task order threshold, pursuant to Thousand Oaks Municipal Code (TOMC) Section 3-10.501.

3. Authorize expenditure in an amount of $169,527 from A/C #001-4210-641-5947 (Contracted Services, Reimbursable).

4. Find that the approval of a professional services agreement is not a project under California Environmental Quality Act (CEQA) Guideline Section 15378(b)(5) (CCR, Title 14, Chapter 3, Article 20).

F. FY 2023-24 Top Priorities & Citywide Goals for FY 2023-24 & FY 2024-25 RECOMMENDATION:

1. Approve City Council Top Ten Priorities for FY 2023-24, the Citywide Goals for FY 2023-24 and FY 2024-25, and reaffirm the City Council Norms.

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

G. Blanket Purchase Orders for Hot Mix Asphalt and Concrete RECOMMENDATION:

1. Approve blanket purchase orders and authorize expenditure in the amount of $440,000 from various General Fund (001) and Water Operating Fund (611) accounts as available, for hot mix asphalt material not to exceed $220,000 per fiscal year, per vendor, for FY 2023-24 and FY 2024-25, with Vulcan Materials Company (Oxnard, CA) and Granite Construction, Inc. (Santa Paula, CA).

2. Approve blanket purchase orders and authorize expenditure in the amount of $660,000 from various General Fund (001) and Water Operating Fund (611) accounts as available, for concrete material not to exceed $165,000 per fiscal year, per vendor, for FY 2023-24 and FY 2024-25, with Cemex Cement, Inc. (Moorpark, CA), Sprague’s Ready Mix (Simi Valley, CA), National Ready Mix (Moorpark, CA), and State Ready Mix (Oxnard, CA).

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

H. Supply and Delivery of Polymer to Hill Canyon Treatment Plant RECOMMENDATION:

1. Award General Services Agreement to Solenis LLC (Wilmington, DE) for a threeyear term with two optional one-year extensions, in an amount not to exceed $1,930,630 for the supply and delivery of polymer to Hill Canyon Treatment Plant (HCTP).

2. Authorize expense in the amount of $620,227 for FY 2023-24 and $643,543 for FY 2024-25 from A/C #621-8250-685-3242 (HCTP/Wastewater Chemical Supplies).

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

I. Biosolids Hauling and Beneficial Reuse Services
RECOMMENDATION:

1. Award three-year General Services Agreement to Synagro-WWT, Inc. (Taft, CA) for an amount not to exceed $2,773,260 for Biosolids Hauling and Beneficial Reuse and authorize City Manager to extend the contract term once, for a period of two years.

2. Authorize expenditure in the amount of $923,420 for FY 2023-24 and $923,420 FY 2024-25 from A/C #621-8250-682-5691 (Biosolids Contracted Services).

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

J. Supply and Delivery of Chemicals to Hill Canyon Treatment Plant RECOMMENDATION:

1. Award General Service Agreement to Univar Solutions USA, Inc. (Kent, WA) for a two-year term in an amount not-to-exceed $333,012 for the supply and delivery of Ammonium Sulfate.

2. Award General Service Agreement to California Water Technologies, LLC (Detroit, MI) for a two-year term in an amount not-to-exceed $527,100 for the supply and delivery of Ferric Chloride.

3. Award General Service Agreement to Momar, Inc. (Atlanta, GA) for a two-year term in an amount not-to-exceed $325,611 for the supply and delivery of Glycerin.

4. Award General Service Agreement to JCI Jones Chemicals, Inc. (Torrance, CA) for a two-year term in an amount not-to-exceed $2,565,420 for the supply and delivery of Sodium Bisulfite and Sodium Hypochlorite.

5. Authorize expense in the amount of $1,800,410 for FY 2023-24 and $1,950,663 for FY 2024-25 from A/C #621-8250-685-3242 (Hill Canyon Treatment Plant/Wastewater Chemical Supplies).

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

K. E-Discovery Software Contract
RECOMMENDATION:

1. Waive formal Request for Proposal (RFP) process and approve contract with Logikcull for the period of July 1, 2023 through June 30, 2026, for subscription services to the Logikcull E-Discovery Software for City Attorney’s Office with a not-toexceed amount of $36,000 per year and a total not-to-exceed amount of $108,000 over the lifetime of the contract.

2. Authorize expenditure in the amount of $36,000 for FY 2023-24 and $36,000 for FY 2024-25 from General Fund A/C # 001-1610-611-4300 (Software Maintenance).

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

L. Rancho Conejo Biotech Area Sidewalk Project (CI 5664) RECOMMENDATION:

1. Approve Second Amendment to Professional Services Agreement No. 13114- 2022 with MNS Engineers, Inc., Thousand Oaks, CA, in the amount of $8,830 for a revised not-to-exceed amount of $355,941 for additional design services for the Rancho Conejo Biotech Area Sidewalk Project (CI 5664), plus an additional $30,000 for extra services.

2. Authorize expenditure in the amount of $38,830 ($8,830 Second Amendment, plus extra services of $30,000) from A/C #001-5310-631-8300 (CI 5664, Rancho Conejo Biotech Area Sidewalk Project).

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

M. Site Improvements at Reservoirs and Pump Stations (CI 5520) RECOMMENDATION:

1. Award Professional Services Agreement with AECOM Technical Services, Inc. (Westlake Village, CA) in an amount not to exceed $399,055 for engineering and design of Site Improvements at Reservoirs and Pump Stations (CI 5520), plus extra services of $40,000, with a term ending December 31, 2024.

2. Authorize expense in the amount of $444,055 ($399,055 agreement, plus $40,000 extra services, and $5,000 for City furnished materials and supplies), $399,055 from A/C #612-8040-682-8300, and $45,000 from A/C #613-8040-682-8300 (CI 5520, Site Improvements at Reservoirs and Pump Stations).

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

N. Purchase of Stump Grinder and Utility Trucks
RECOMMENDATION:

1. Approve “piggyback” purchase of one SC552 Vermeer Stump Grinder from RDO Equipment Company (Oxnard, CA) through Sourcewell Contract #031721-VRM for replacement of asset #5630-247 for a total cost of $81,989.20.

2. Approve “piggyback” purchase of three International Trucks from Gibbs International Truck Centers (Oxnard, CA) through Sourcewell Contract #060920-NVS for replacement of assets #5630-216, #5630-224 and #5640-149 for a total cost of $410,475.45.

3. Authorize expenditure in the amount of $492,464.65 in FY 2022-23 from the following General Fund accounts: $372,476.79 from A/C #001-5630-632-8400 (Landscape Maintenance Equipment Over $5,000) and $119,987.86 from A/C #001- 5640-631-8400 (Fleet Service Equipment Over $5,000).

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

O. 2024 Pavement Overlay (CI 5594) and Slurry (MI 2610) Programs RESOLUTION ADOPTING LIST OF PROJECTS FOR FY 2022-23 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
RECOMMENDATION:

1. Adopt resolution approving a preliminary list of streets that will be funded in part with FY 2022-23 SB1 Road Maintenance and Rehabilitation Account revenue for construction of the 2024 Pavement Overlay Program (CI 5594).

2. Approve Professional Services Agreement with Pavement Engineering Inc. (PEI), (Santa Clarita, CA) in an amount not-to-exceed $244,927, plus extra services of $25,073 to provide engineering design services, for the 2024 Pavement Overlay (CI 5594) and Slurry Program (MI 2610), with a term ending June 30, 2025.

3. Approve budget appropriation and expenditures in the amount of $270,000 including: $189,150 ($171,427 engineering design services, $17,723 extra services) from A/C #135-0000-311-1000 (Gas Tax Fund, Fund Balance) to A/C #135-5310- 631-8300, (CI 5594, Pavement Overlay Program), and $80,850 ($73,500, engineering design services, $7,350 extra services) from A/C #132-0000-311-1000 (Gas Tax Fund, Fund Balance) to A/C #132-5310-631-5500 (MI 2610, Pavement Slurry Program).

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

P. FY 2023-24 Insurance Renewals
RECOMMENDATION:

1. Authorize City Manager or designee to purchase insurance policies for excess liability, deadly weapon response, contractual liability insurance, aircraft (drone), excess workers' compensation, government crime, property, and earthquake, for the term of July 1, 2023, through June 30, 2024.

2. Authorize expenditure in an amount not to exceed $678,600 from A/C #711-0520- 686-6312 (Internal Service Fund, Liability) as follows: $664,200 for payment of premiums for excess liability insurance, $7,600 for renewal of deadly weapon response insurance, $5,500 for renewal of contractual liability insurance, and $1,300 for renewal of aircraft (drone) insurance.

3. Authorize expenditure in an amount not-to-exceed $115,100 from A/C #712-0520- 686-6321 (Internal Workers Compensation Fund) for renewal of excess workers’ compensation insurance.

4. Authorize expenditure in an amount not-to-exceed $4,900 from A/C #001-0520- 612-6340 (Internal Service Fund, Liability) for renewal of government crime insurance.

5. Authorize expenditure in an amount not-to-exceed $2,097,900 from the General Fund, Library Fund, ECTA Fund, Landscape Fund, Water Fund, Wastewater Fund, Transportation Fund, and Solid Waste Fund as follows: $1,502,100 for property insurance, and $595,800 for Difference in Conditions (earthquake) insurance.

6. Approve additional budget appropriation in the amount of $212,700 for property insurance and Difference in Conditions (earthquake) insurance as follows: $44,400 from A/C #611-0000-341-9900 (Water Fund, Net Position) to A/C #611-5010-686- 6330 (Water Fund, Property); $96,300 from A/C #621-0000-341-9900 (Wastewater Fund, Net Position) to A/C # 621-5010-686-6330 (Wastewater, Property); and $72,000 from A/C #110-0000-311.1000 (Library Fund, Fund Balance) with $61,200 to A/C # 110-7010-673-6330 (Library Fund, Thousand Oaks Library, Property) and $10,800 to A/C #110-7410-673-6330 (Library Fund, Newbury Park Library, Property).

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

Q. Council on Aging Representatives to Ventura County Area Agency on Aging Advisory Council
RECOMMENDATION:

1. Confirm Stephanie Belding, community member, and Patricia Lownes, Council on Aging Commissioner, as Representative Members to the Ventura County Area Agency on Aging Advisory Council for two-year terms ending June 30, 2025.

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

R. Program Management Support for Water and Wastewater Capital Improvement Projects
RECOMMENDATION:

1. Approve Professional Services Agreement with Phoenix Civil Engineering, Inc. (Santa Paula, CA) in an amount not to exceed $900,000 for providing professional consulting services relating to “Program Management Support for Water and Wastewater Capital Improvement Projects,” with a term ending June 30, 2026.

2. Authorize expense in the amount of $900,000 in various Water and Wastewater Funds capital accounts as program management services are rendered.

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

S. Grant R. Brimhall Library Aquarium Maintenance
RECOMMENDATION:

1. Approve a three-year agreement with Aquatic Contractors (Thousand Oaks, CA) for all supplies and maintenance of the 3,600-gallon saltwater aquarium at the Grant R. Brimhall Library effective July 1, 2023, through June 30, 2026, in a not-to-exceed amount of $138,264.

2. Authorize expenditure in the amount of $46,100 for each fiscal year from A/C #110- 7310-673-4200 (Library Fund/Building Repairs and Maintenance).

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

T. On-Call Professional Services Agreements
RECOMMENDATION:

1. Approve on-call Professional Services Agreements with 104 firms for various services for a three-year period ending June 30, 2026, with not-to-exceed amounts up to $500,000 for each fiscal year, and not-to-exceed amounts of $125,000 for each individual Task Order.

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

U. Transit Service Agreements
RECOMMENDATION:

1. Approve Second Amendment to Moorpark Dial-a-Ride Contract (No. 12082- 2019), First Amendment to Moorpark Fixed Route Maintenance Contract (No. 12083- 2019), and Second Amendment to Moorpark Fixed Route Operations Contract (12084-2019) extending contracts through June 30, 2025.

2. Approve First Amendment to Westlake Village Dial-a-Ride Contract (No. 12103- 2019) extending contract through June 30, 2025.

3. Approve First Amendment to Kanan Shuttle Contract (No. 12085-2019) and First Amendment to County Dial-a-Ride Contract (No. 12086-2019) extending contracts through June 30, 2025.

4. Approve Fourth Amendment to East County Transit Alliance Fiscal Agent Contract (No. 10953-2015).

5. Approve First Amendment, two-year extension of Contract (No. 12224-2019) with City of Agoura Hills for Dial-a-Ride services through June 30, 2025.

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

V. On-Call Professional Services Agreements for Building & Safety Services RECOMMENDATION:

1. Approve on-call professional services agreements with five firms to assist the Building Division with inspections and plan check services for a two-year period ending June 30, 2025, with not-to-exceed amounts of $200,000 per fiscal year, for a not-to-exceed total of $400,000 per agreement, and not-to-exceed amounts of $125,000 for each individual Task Order.

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

W. Annual Gann Appropriations Limit
RESOLUTION ESTABLISHING APPROPRIATIONS LIMIT FOR FISCAL YEAR 2023- 2024
RECOMMENDATION:

1. Adopt resolution approving the Annual Gann Appropriations Limit calculation, setting City of Thousand Oaks’ Gann Limit at $219,559,478 for FY 2023-24.

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

X. City Sponsorship of New West Symphony's Summerfest Program RECOMMENDATION:

1. Approve additional budget appropriation and expenditure in the amount of $25,000 from A/C #001-0000-311-1000 (General Fund – Fund Balance) to A/C #001-1240- 674-5799 (General Fund – Special Events) for City sponsorship of New West Symphony’s Summerfest Program.

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

Y. Memoranda of Understanding with Represented Bargaining Units and Salary Schedules and Hourly Employees Salary Schedule

RESOLUTION ADOPTING MEMORANDUM OF UNDERSTANDING WITH

THOUSAND OAKS CITY EMPLOYEE ASSOCIATION (TOCEA) AND RESCINDING RESOLUTION NO. 2021-026

RESOLUTION ESTABLISHING NEW SALARY SCHEDULE FOR THOUSAND

OAKS CITY EMPLOYEE ASSOCIATION (TOCEA) AND RESCINDING
RESOLUTION NO. 2022-033

RESOLUTION ADOPTING MEMORANDUM OF UNDERSTANDING WITH

THOUSAND OAKS MANAGEMENT ASSOCIATION (TOMA) AND RESCINDING RESOLUTION NO. 2021-028

RESOLUTION ESTABLISHING NEW SALARY SCHEDULE FOR PROFESSIONAL

EMPLOYEES (THOUSAND OAKS MANAGEMENT ASSOCIATION - TOMA) AND RESCINDING RESOLUTION NO. 2022-034

RESOLUTION ADOPTING MEMORANDUM OF UNDERSTANDING WITH SENIOR MANAGEMENT ASSOCIATION (SMA) AND RESCINDING RESOLUTION NO. 2021- 030

RESOLUTION ESTABLISHING NEW SALARY SCHEDULE FOR SENIOR

MANAGEMENT, CONFIDENTIAL, AND SUPERVISORY EMPLOYEES (SENIOR MANAGEMENT ASSOCIATION – SMA) AND RESCINDING RESOLUTION NO. 2022-035

RESOLUTION ESTABLISHING NEW SALARY SCHEDULE FOR HOURLY
EMPLOYEES AND RESCINDING RESOLUTION NO. 2022-036
RECOMMENDATION:

1. Adopt resolution adopting Memorandum of Understanding (MOU) with Thousand Oaks City Employee Association (TOCEA) and rescinding Resolution No. 2021-026.

2. Adopt resolution establishing new salary schedule for General Employees (TOCEA) and General Hourly Employees and rescinding Resolution No. 2022-033.

3. Adopt resolution adopting MOU with Thousand Oaks Management Association (TOMA) and rescinding Resolution No. 2021-028.

4. Adopt resolution establishing new salary schedule for Professional Employees (TOMA) and Professional Hourly Employees, and rescinding Resolution No. 2022- 034.

5. Adopt resolution adopting MOU with Senior Management Association (SMA) and rescinding Resolution No. 2021-030.

6. Adopt resolution establishing new salary schedule for Senior Management, Confidential, and Supervisory Employees (SMA) and SMA Hourly Employees, and rescinding Resolution No. 2022-035.

7. Adopt resolution establishing new salary schedule for Hourly Employees and rescinding Resolution No. 2022-036.

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

Z. Project Homekey Update
RESOLUTION AUTHORIZING TRANSFER OF OWNERSHIP OF 12 CONEJO BOULEVARD TO 12 CONEJO LP AND APPROVING AMENDMENT OF

STANDARD AGREEMENT FOR HOMEKEY FUNDS WITH STATE
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT TO ADD 12

CONEJO LP AS CO-GRANTEE
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).

8. PUBLIC HEARINGS:

A. 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.

B. Proposed 333-Unit Mixed-Use Apartment Complex – 2150 W. Hillcrest Drive

RESOLUTION ADOPTING AND CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT AND APPROVING GENERAL PLAN 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 (APN #667-0-113-075) [APPLICATIONS: 2021-70169-LU; 2022-70776-Z; 2022-70778-SP; 2022-70777- DAGR; 2022-70773-DP; 2022-70780-PTP AND 2022-70774-EIR (LATIGO HILLCREST, LLC)]

RESOLUTION APPROVING SPECIAL USE PERMIT TO ALLOW SALE AND

CONSUMPTION OF ALCOHOL FOR CERTAIN PROPERTY WITHIN SAID CITY AT 2150 WEST HILLCREST DRIVE (APN #667-0-113-075) [APPLICATION: 2022- 70779-SUP (LATIGO HILLCREST, LLC)]
ORDINANCE ADOPTING SPECIFIC PLAN NO. 24 (2150 WEST HILLCREST DRIVE), AND ITS ASSOCIATED ZONE CHANGE; AND AUTHORIZING LAND

USES AND DEVELOPMENT STANDARDS IN SAID SPECIFIC PLAN
(APPLICANT: LATIGO HILLCREST LLC)
1ST READING

ORDINANCE APPROVING DEVELOPMENT AGREEMENT WITH LATIGO

HILLCREST, LLC, RELATING TO DEVELOPMENT OF PROPERTY LOCATED AT 2150 WEST HILLCREST DRIVE (APN #667-0-113-075), THOUSAND OAKS, CALIFORNIA (DEVELOPMENT AGREEMENT 2022-70777-DAGR)
1ST READING
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.

9. STUDY SESSIONS: None

10. DEPARTMENT REPORTS:

A. Benefits and Compensation for Executive Managers

RESOLUTION ADOPTING COMPREHENSIVE BENEFITS AND COMPENSATION FOR EXECUTIVE MANAGERS AND RESCINDING RESOLUTION NO. 2022-041 RECOMMENDATION:

1. Adopt resolution amending the benefits and compensation for Executive Managers and rescinding Resolution No. 2022-041.

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

11. COMMITTEE/COMMISSION/BOARD REPORTS:

A. Council on Aging Annual Report
RECOMMENDATION:

1. Receive Council on Aging (COA) Annual Report.

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

B. Youth Commission Annual Report
RECOMMENDATION:

1. Receive Youth Commission (YC) Annual Report.

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

12. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None

13. COUNCIL ISSUES/RECOMMENDATIONS: None

14. CITY MANAGER:

A. Announcements and upcoming issues

15. PUBLIC NOTICES: None

16. ADJOURNMENT: Adjourn to Regular Meeting July 11, 2023 Agenda Post Date/Time: Jun 15, 2023, 5:00P.M.

CCD:610-40\h:\common\agenda\2023\06-20-23.docx

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California June 6, 2023

1. CALL TO ORDER: Mayor Kevin McNamee called the meeting to order at 5:00 p.m. in Council Chambers, 2100 Thousand Oaks Boulevard, Thousand Oaks, California.

2. ROLL CALL:

Present: Councilmembers Engler, Newman, Taylor, Adam, and Mayor McNamee present in chambers.

Also present: City Manager Andrew P. Powers, City Attorney Tracy M. Noonan, Assistant City Manager Ingrid Hardy, City Clerk Laura B. Maguire, Finance Director Jaime Boscarino, Public Works Director Cliff Finley, Cultural Affairs Director Jonathan Serret, Human Resources Director Tim Giles, Strategic Communications/Public Affairs Director Alexandra South, Police Chief Jeremy Paris, Transit Program Manager Mike Houser, Acting Budget Officer Ryan Roman, Deputy Public Works Director Nader Heydari, Community Services Analyst Sarah Mailes, Assistant City Attorney David Womack, Assistant to the City Manager Melissa Hurtado, Deputy City Clerk Sandra Delgado, Information Technology Supervisor Atanas Beltchev, Cable Operations Supervisor Carl Jarecky, Senior Video Specialist Richard Swingler, Senior Video Specialist Ryan Palmer, and Senior Recording Secretary Dominga Zambrano.

3. PUBLIC COMMENTS: Comments on Closed Session items only Speakers: Laura Holtan, Woodland Hills (submitted document); Drew Cronin, Camarillo; Chris Meske, Simi Valley; Kim Sherman, Camarillo.

Written Statements: None.

4. CLOSED SESSION:

A. CONFERENCE WITH LABOR NEGOTIATORS – City designated representatives:

Assistant City Manager Ingrid Hardy; Finance Director Jaime Boscarino; Human Resources Director Tim Giles; Deputy Human Resources Director Sharon Chen; Deputy Finance Director Carrie Matson; Employee Organizations: Thousand Oaks City Employees Association (TOCEA); Thousand Oaks Management Association (TOMA); Senior Management Association (SMA); and Executive Managers (Assistant City Manager, Deputy City Manager, Finance Director, Community Development Director, Public Works Director, City Clerk, Human Resources Director, Cultural Affairs Director, Library Director, Strategic Communications Director); Pursuant to California Government Code section 54957.6.

B. CONFERENCE WITH LEGAL COUNSEL – Existing Litigation: Brit Nicole Marie Tsumpes vs. City of Thousand Oaks; Ventura County Superior Court Case No. 202000539890CUPO. Pursuant to Government Code Section 54956.9(a).

Item No.7B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 2 June 6, 2023

5. CLOSED SESSION REPORT: City Attorney Noonan announced there was nothing to report at 6:00 p.m.

6. PLEDGE OF ALLEGIANCE: Mayor McNamee led the pledge of allegiance.

7. REQUESTS FOR CONTINUANCE OF ANY PUBLIC HEARING OR AGENDA ITEM:

Mayor McNamee announced Item No. 14A – FY 2023-24 Community Social Service Grant Recommendations – will be moved up to be heard following the Consent Calendar.

8. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:

A. Trails Education Days
Mayor McNamee introduced Elayne Haggan, Conejo Open Space Foundation board member, to explain the Conejo Open Space Trails Education Days program and recognize the winners of the Letter Writing Contest.

B. Commendation – Captain Plumb
Mayor McNamee presented Commendation to Vietnam War veteran, POW, and 31-year U.S. Navy veteran Captain Charlie Plumb for his service to the country and his work motivating others.

9. PUBLIC COMMENTS: To be heard before 6:45 p.m. If additional speakers for public comments remain at 6:45 p.m., remainder of speakers may be called at the end of the meeting. (Resolution Nos. 2011-066/067)
Speakers: Mike Houser, Transit Program Manager; Ramon Moreno, Thousand Oaks; Kinsie Flame, Newbury Park.

Written Statements: None.

10. CONSENT CALENDAR:

Speakers: Sally Hibbits, Thousand Oaks; Nelson Buss, Thousand Oaks; C.J. Keavney, Newbury Park.

Written Statements: None.

Greater Conejo Valley Chamber of Commerce CEO Danielle Borja responded to questions. Additional information supplemental packet pertaining to Item 10F.

Item No.7B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 3 June 6, 2023

10. CONSENT CALENDAR: (Continued)
A. General, Utilities, Golf Course, and Theatres Demands RECOMMENDATION:

Ratify May 17, 2023, May 24, 2023, and May 31, 2023; approve June 7, 2023, and June 14, 2023, subject to review and ratification
Motion by Councilmember Newman to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
B. Minutes of City Council meetings of May 16, 2023, and May 23, 2023 RECOMMENDATION:

Approve
Motion by Councilmember Newman to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
C. Community Funding Review Committee Appointments
RECOMMENDATION:

1. Approve Community Funding Review Committee appointments of Roseannah MillsGrassin, Tamara Lindberg, and Kyle Rohrbach to fill the unscheduled vacancies and serve the remainder of term ending July 2024.

2. Approve Community Funding Review Committee appointment of Bree von Faith to fill the unscheduled vacancy and serve the remainder of the term ending July 2025.

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

Motion by Councilmember Newman to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
Item No.7B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 4 June 6, 2023

10. CONSENT CALENDAR: (Continued)
D. Guard Rail Project (MI 2574)
RECOMMENDATION:

1. Authorize staff to advertise the Guard Rail Project (MI 2574) for construction bids.

2. Authorize acceptance of Federal Highway Safety Improvement Program Cycle 10 Grant in the amount of $512,500 from the Federal Highway Administration for construction of Guard Rail Project.

3. Find that the Project is categorically exempt from the California Environmental Quality Act pursuant to 14 CCR 15301.

Motion by Councilmember Newman to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
E. Expenditure Plan for Supplemental Law Enforcement Services Fund for FY 2022-23
RECOMMENDATION:

1. Approve the expenditure plan of grant funds pursuant to Supplemental Law Enforcement Services Fund (SLESF) guidelines, so the City may continue to benefit from grant funds under SLESF to partially offset the contract costs of the following positions:
 One Misdemeanor Detective Deputy (contract costs: $270,968) in A/C #001-6640-621-5730 (General Fund, Contracted Services – Law Enforcement).
 Two Directed Enforcement Team (formerly referred to as Bike Patrol) Deputies (contract costs: $487,978) in A/C #001-6650-621-5730 (General Fund, Contracted Services – Law Enforcement).

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

Motion by Councilmember Newman to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
Item No.7B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 5 June 6, 2023

10. CONSENT CALENDAR: (Continued)
F. Greater Conejo Valley Chamber of Commerce Services
RECOMMENDATION:

1. Approve agreement with Greater Conejo Valley Chamber of Commerce for business-related services in a not-to-exceed amount of $240,000 for a two-year period beginning July 1, 2023, through June 30, 2025.

2. Authorize expenditure in the amount of $120,000 for FY 2023-24 and $120,000 for FY 2024-25 from A/C #001-0810-612-5723 (Contracted Services – Chamber of Commerce).

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

Motion by Councilmember Newman to approve staff’s recommendation with modification to contract regarding legislative roundtable and candidate forum as discussed.

Failed 1-4 by the following vote:

Ayes – Newman
Noes – Engler, Taylor, Adam, McNamee
Motion by Councilmember Engler to approve staff’s recommendation with modification to contract regarding the candidate forum as discussed.

Failed 2-3 by the following vote:

Ayes – Engler, Newman
Noes – Taylor, Adam, McNamee
Motion by Mayor Pro Tem Adam to approve staff’s recommendation.

Passed 3-2 by the following vote:

Ayes – Taylor, Adam, McNamee
Noes – Engler, Newman

Item No.7B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 6 June 6, 2023

10. CONSENT CALENDAR: (Continued)
G. Hill Canyon Treatment Plant MCC Bioreactor Project (CI 5440) RECOMMENDATION:

1. Authorize staff to advertise the Hill Canyon Treatment Plant MCC Bioreactor Project (CI 5440) for construction bids.

2. Find that the Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15302.

Motion by Councilmember Newman to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
H. Fire System Upgrades (CI 5483, CI 5574, CI 5582, CI 5584) RECOMMENDATION:

1. Approve project design plans, specifications, and working details for fire system upgrades at various facilities (CI 5483, CI 5574, CI 5582, CI 5584).

2. Award construction contract to Cal Building Systems, Inc., of Yorba Linda, CA in the amount of $1,163,980 plus a construction contingency of $175,000 for fire system upgrades at various facilities (CI 5483, CI 5574, CI 5582, CI 5584), and authorize expenditure in the amount of $1,142,549 for costs to complete project.

3. Approve budget appropriation in the amount of: $356,866 from A/C #110-0000- 311-1000 (Library Fund Balance) to A/C #110-7310-673-8200 (CI 5483, Building Improvements); and $50,818 from A/C #110-0000-311-1000 (Library Fund Balance) to A/C #110-7410-673-8200 (CI 5574 Building Improvements).

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

5. Find that the project is Categorically Exempt from California Environmental Quality Act (CEQA) pursuant to Article 19, Class 1 Existing Buildings and involves no expansion of use to the existing buildings impacted.

Motion by Councilmember Newman to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
Item No.7B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 7 June 6, 2023

10. CONSENT CALENDAR: (Continued)
I. 2023 Sidewalk and Concrete Replacement Program (MI 2557) RECOMMENDATION:

1. Approve project design, plans, and specifications, including Addendum No. 1 for construction of the 2023 Sidewalk and Concrete Replacement Program (MI 2557).

2. Award construction contract to FS Contractors, Inc. (Sylmar, CA) in the amount of $352,852 plus a contingency of $35,300.

3. Approve budget appropriation in the amount of $44,600 from A/C #133-0000- 311-1000 (Gas Tax, Fund Balance) to A/C #133-5310-631-5500 (MI 2557).

4. Authorize expenditure in the amount of $393,152 ($352,852 construction contract; $35,300 construction contingency; $5,000 for City furnished materials and supplies) from A/C #133-5310-631-5500 (MI 2557 Concrete Replacement and Sidewalk Repair Program).

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

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

Motion by Councilmember Newman to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
J. Amendments to Transit Operator Agreements with MV Transportation, Inc.

RECOMMENDATION:

1. Approve two-year contract extension with MV Transportation, Inc. (Dallas, TX) through June 30, 2025.

2. Approve Third Amendment to Contractor Operating Agreement, Contract No. 12072-2019, with MV Transportation, Inc. (MV), for services related to the operation of Thousand Oaks Transit Fixed Route and Demand Response Public Transit services.

Item No.7B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 8 June 6, 2023

10. CONSENT CALENDAR: (Continued)
J. Amendments to Transit Operator Agreements with MV Transportation, Inc. (Continued)
RECOMMENDATION: (Continued)

3. Approve First Amendment to Thousand Oaks Transportation Center Lease, Contract No. 12073-2019, with MV, intended to run concurrently with Contract No. 12072-2019.

4. Approve First Amendment to Municipal Service Center Ground Lease, Contract No. 12074-2019, with MV, intended to run concurrently with Contract No. 12072- 2019.

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

Motion by Councilmember Newman to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
K. FY 2023-24 Community Events Grant Recommendations
RECOMMENDATION:

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

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

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

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

Motion by Councilmember Newman to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None

Item No.7B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 9 June 6, 2023

10. CONSENT CALENDAR: (Continued)
L. Work Program Groups
RECOMMENDATION:

1. Waive the Request for Proposal/Qualifications (RFP/Q) selection process for the provider of the Work Program Groups.

2. Award service agreement for provision of work program groups of adults with developmental disabilities at the Civic Arts Plaza to PathPoint of Thousand Oaks, CA, for three years at an approximate cost of $55,000 per year (subject to authorized annual increases) with two one-year extension options, not to exceed $275,000 over the lifetime of the agreement.

3. Authorize expenditure in the amount of approximately $55,000 per year from A/C #001-3570-612-5620 (Contracted Services – Janitorial).

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

Motion by Councilmember Newman to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
*14. COMMITTEE/COMISSION/BOARD REPORTS:

A. FY 2023-24 Community Social Service Grant Recommendations RECOMMENDATION:

1. Approve Community Social Service Grants totaling $100,000.

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

3. Authorize expenditure in the amount of $100,000 from A/C #001-1120-611- 5920 (SS2024, Community Endowment Grant Account) for Community Social Service Grants.

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

Presented by Clyde Doheney, Chair, Community Funding Review Committee.

Community Services Analyst Mailes available for questions.

Speaker/Written Statement: None.

Motion by Mayor Pro Tem Adam to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
Item No.7B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 10 June 6, 2023

11. PUBLIC HEARINGS:

A. Proposed FY 2023-24 and FY 2024-25 Operating and Capital Improvement Program Budgets

RESOLUTION ADOPTING THE ANNUAL CITY OF THOUSAND OAKS

OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGETS FOR
FISCAL YEARS 2023-2024 AND 2024-2025; AND ADOPTING FINANCIAL

POLICIES
RES. NO. 2023-027
RECOMMENDATION:

1. Adopt resolution approving proposed Operating and Capital Improvement Program (CIP) Budgets for FY 2023-24 and FY 2024-25.

2. Adopt updated Financial and Budget Policies, including Governmental Fund balances and designations.

3. Authorize City Manager to carry over funds from FY 2022-23 to FY 2023-24 and from FY 2023-24 to FY 2024-25 for projects listed as requiring carryover included in the CIP Budget, Grants, and Project-Related Maintenance and Operations budgets.

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

Hearing, advertised as required by law, opened to consider item. Presented by Finance Director Boscarino. City Manager Powers responded to questions.

Additional information supplemental packet.

Speaker/Written Statement: None.

Mayor McNamee closed the public hearing.

Motion by Councilmember Newman to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None

Item No.7B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 11 June 6, 2023

11. PUBLIC HEARINGS: (Continued)
B. Landscape and Lighting Assessment District No. 79-2 Annual Levy RESOLUTION APPROVING THE ENGINEER’S REPORT FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 79-2, AND ANNUAL LEVY OF ASSESSMENTS RELATED THERETO COMMENCING IN FISCAL YEAR 2023- 24 RES. NO. 2023-028

RESOLUTION ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS

FOR THOUSAND OAKS LANDSCAPE AND LIGHTING ASSESSMENT
DISTRICT NO. 79-2 FOR FISCAL YEAR 2023-24
RES. NO. 2023-029
RESOLUTION APPROVING THE ANNEXATION ENGINEER’S REPORT FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 79-2
RES. NO. 2023-030

RESOLUTION ORDERING THE ANNEXATION OF PROPERTY (HYDAM
HOMES, LLC, 2080 HILLCREST DRIVE AND VOGEL PROPERTIES, INC., 1515 RANCHO CONEJO BOULEVARD AND 1489 LAWRENCE DRIVE) TO

THOUSAND OAKS LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 79-2 AND LEVYING ASSESSMENTS FOR FISCAL YEAR 2023-24 RES. NO. 2023-031
RECOMMENDATION:

1. Approve Final Engineer’s Report for Landscape and Lighting Assessment District No. 79-2 FY 2023-24 Assessments.

2. Adopt resolutions approving Engineer’s Report and Ordering Annual Levy of Assessments for FY 2023-24.

3. Approve Final Annexation Engineer’s Report for Landscape and Lighting Assessment District No. 79-2 FY 2023-24 Annexation Territory.

4. Tabulate the assessment ballots submitted, and not withdrawn, in support of, or in opposition to the proposed Annexation, and declare the results.

5. If no majority protest, then adopt resolution Ordering the Annexation of territory to Landscape and Lighting Assessment District No. 79-2 and the Annual Levy of Assessments for FY 2023-24.

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

Item No.7B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 12 June 6, 2023

11. PUBLIC HEARINGS: (Continued)
B. Landscape and Lighting Assessment District No. 79-2 Annual Levy (Continued)

Hearing, advertised as required by law, opened to consider item. Presented by Acting Budget Officer Roman. Deputy Public Works Director Heydari responded to questions. Consultant Nadia Benali, Webb Municipal Finance, LLC, available for questions.

Speaker/Written Statement: None.

Mayor McNamee closed the public hearing.

Motion by Councilmember Engler to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None

12. STUDY SESSIONS: None

13. DEPARTMENT REPORTS: None

15. CITY COUNCIL AS SUCCESSOR AGENCY TO THOUSAND OAKS REDEVELOPMENT AGENCY REPORTS: None

16. COUNCIL ISSUES/RECOMMENDATIONS:

A. 2023 Southern California Association of Governments General Assembly Update RECOMMENDATION:

1. Receive report.

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

Presented by Mayor Pro Tem Adam and Councilmember Engler.

Speaker/Written Statement: None.

Motion by Councilmember Taylor to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
Item No.7B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 13 June 6, 2023

17. CITY MANAGER:

A. Announcements and upcoming issues
City Manager Powers provided an update on the June 20, 2023, City Council meeting.

18. PUBLIC NOTICES: None

19. ADJOURNMENT: City Council adjourned at 7:42 p.m. to Regular Meeting on June 20, 2023. ____________________________
Kevin McNamee, Mayor
City of Thousand Oaks City Council
Attest:
____________________________
Laura B. Maguire, City Clerk
City of Thousand Oaks City Council
AGENDA POSTED: June 1, 2023
MINUTES APPROVED:
*indicates item taken out of order
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.

CCD:610-70\h:\common\minutes\2023\06-06-23.docx
Item No.7B
TO: City Council
FROM: Bob Engler, Councilmember
David Newman, Councilmember
DATE: June 20, 2023
SUBJECT: Council on Aging Appointments
RECOMMENDATION:

1. Approve Council on Aging reappointments of Tony Gitt and Mary Jane Taintor to serve two-year terms ending July 2025.

2. Approve Council on Aging appointments Jim Bruno, Dorothy Hatfield, and Nivedita Vaidya to serve two-year terms ending July 2025.

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

FINANCIAL IMPACT:

No Additional Funding Requested. Minimal staff time for costs associated with coordinating interviews, appointments, and preparing support materials is included in the Adopted FY 2022-23 General Fund Budget.

BACKGROUND:

The Council on Aging (COA) consists of nine members who serve two-year, staggered terms. The role of the COA is to serve as an advisory body to the City Council on matters concerning older adults.

An open application period for five scheduled vacancies was opened March 21, 2023 and closed April 20, 2023. Public outreach took place in March and April and included news postings on the City’s website, social media channels, and the CityScene e-newsletter. Ads were run in the Acorn, Goebel Gazette, the Conejo Senior Volunteer Program Newsletter, and placed around the Goebel Adult Community Center. In addition, special announcements were made to local community groups working with older adults, including the Conejo Senior Item No.7C
Council on Aging Appointments
June 20, 2023

Resource Network. Complete information can be found on the dedicated Older Adult Resources webpage (www.toaks.org/seniors) on the City website.

DISCUSSION/ANALYSIS:

Twenty-three applications were received for the five existing vacancies. One applicant did not meet the residency requirement for the COA and was, therefore, not interviewed. One applicant withdrew their application.

Twenty-one interviews were scheduled for May 24, 2023, in the City Manager’s Office Conference Room. The interview committee consisted of Councilmember Engler and Councilmember Newman. Four applicants declined the interview. After reviewing applications and conducting interviews, the following reappointments are recommended: Tony Gitt and Mary Jane Taintor. Additionally, the following appointments are recommended: Jim Bruno, Dorothy Hatfield, and Nivedita Vaidya. Recommended appointment applications are attached (Attachment #1).

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.

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

PREPARED BY: Sarah Mailes, Community Services Analyst
Attachments:

Attachment #1 – Applications
CMO: 110-20\wl\H:\COMMON\City Council\Council Items\2023 Staff Reports\062023\062023 Council on Aging Appointments Staff Report
Item No.7C

City of Thousand Oaks Boards & Commissions
Application Form
Profile
Solicitantes que necesiten asistencia en español, por favor llamen al (805) 449-2151.

Tony Gitt
First Name Last Name
Primary Phone Alternate Phone
Street Address Suite or Apt
Westlake Village CA 91362
City State Postal Code
Email Address
Please note: Resolution No. 2003-105 Sec. 17, Duplicate Appointment, provides that unless specifically authorized by City Council, no citizen may serve on more than one standing Citizen Board, Commission or Committee.

How did you learn of this vacancy?
Thousand Oaks Website
Occupation/Work History - Check all applicable: *
Retired
Retired from Northrop Gruman Corp in 2014 Program Manager Employer Job Title

N/A N/A
Additional Employer Additional Job Title
Must be a City resident. Are you a resident of Thousand Oaks? Yes
ATTACHMENT #1
Item No.7C

Interests & Experiences
Why are you interested in serving on this board/committee and what do you believe you can contribute?
Across our country, 10,000 people per day are turning 65. Seniors are the fastest growing demographic in California and in Thousand Oaks. By 2030, over 30% of the population of Thousand Oaks will be over 65. My experience as explained below will help develop ideas for the City to consider to help prepare for this senior population influx, so that seniors who choose to stay in Thousand Oaks can live out their years with the support that will be needed. My background in helping to develop the California Master Plan on Aging as ordered by Governor Newsom, will be useful as State requirements and monies are flowed down to the Counties and Cities, especially in Thousand Oaks to implement programs to help seniors.

Please list all relevant experience supporting appointment to this board.

I have served several terms on the TO Council on prepare the Ageing and helped author and analyze the recent survey conducted by the COA to help determine the needs of seniors in the Conejo Valley, I am an active Senior Assemblymember of the California Senior Legislator, which was created by state law in 1980 and is an official, State funded nonpartisan organization that works to preserve and enhance the quality of life of older Californians and their families. The CSL was established under California State law in 1980 and the organization has been responsible for more than 205 bills signed into law to help seniors. I am currently working on the legislation to address the transportation needs of seniors as part of the California Master Plan on Aging, to help the state prepare for transportation needs of seniors who can no longer drive.

I am a member of the Ventura County Area Agency on Aging and serve as head of the Transporation subcommittee and on the Aging and Disability Resurce Center subcommittee which is helping to develop a no wrong door organization in Ventura County so that seniors can call one number to get help in determining waht State resources they are eligible for.

I am a founder of the Conejo Valley Village, a nonprofit organization that helps seniors stay in their homes as long as possible and remain socially connected to our community to help avoid isolation.

Please list current and past involvement with civic, volunteer and non-profit organizations, including City boards/committees, and the dates of activity.

I am a board member and Treasurer of the Arts Council of the Conejo Valley, a nonprofit which supports Visual Arts and Theatre Arts in the Conejo Valley as well as provide scholarships for College Students pursuing the Arts
I am a member of the Conejo Valley Unified School District Measure I Bond Overcite Committee which is a state mandated committee to review the expenditures of Measure I $196 million Bonds authorized by the voters in 2014. The committee reviews the expenditures to assure that they are made in accordance to what the voters authorized
Certification
Please agree with the following statements
That all information in this application is complete, truthful, and accurate to the best of my knowledge.

If appointed, I understand it is my responsibility to notify the City of changes that would affect my membership on the board.

I recognize that Board membership requires my attendance at meetings and/or events. I am willing and able to make this commitment of time and effort to serve.

I understand that the Public Records Act (PRA) allows for public review of this application.

Item No.7C

I am not an official or employee of the City of Thousand Oaks.

According to the Council's By-Laws, members must be 60 years or older. By checking this box I affirm that I meet this requirement.

I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above statements.

Agree
Electronic Signature - Please type your First and Last name Tony Gitt
Item No.7C

City of Thousand Oaks Boards & Commissions
Application Form
Profile
Solicitantes que necesiten asistencia en español, por favor llamen al (805) 449-2151.

Mary Jane Taintor
First Name Last Name
Primary Phone Alternate Phone
Street Address Suite or Apt
Westlake Village CA 91361
City State Postal Code
Email Address
Please note: Resolution No. 2003-105 Sec. 17, Duplicate Appointment, provides that unless specifically authorized by City Council, no citizen may serve on more than one standing Citizen Board, Commission or Committee.

How did you learn of this vacancy?
I am currently a Commissioner on The Council on Aging. Information and an application was sent to me Occupation/Work History - Check all applicable: *
Retired
UCLA 1980- 1983 House staff liaison for all interns and residents (994) Employer Job Title
Office manager for specialty dental office (Endodontist) Responsible for management of all aspects of the office.

Additional Employer Additional Job Title
Must be a City resident. Are you a resident of Thousand Oaks? Yes
Item No.7C

Interests & Experiences
Why are you interested in serving on this board/committee and what do you believe you can contribute?
I have enjoyed serving this past year on the Council onAging. I have been involved in several committees, and would like to be involved in their planned work for the upcoming year. I feel the COA is an important asset to our community. Plans next year are to bring resource info to target senior audiences in our community. I feel this will be of great value to our underserved senior citizens.

Please list all relevant experience supporting appointment to this board.

I hold an M.A in Adult and Continuing Education from the University of Nebraska. This background has give me the skills necessary to be able to teach older adults. In this case, I want to join our other committee members to develop materials with info regarding the vast resources in our community for our seniors, Our communication committee hopes to take our resource info to target audiences in the community and meet one on one or deliver the flyers (as appropriate).

Please list current and past involvement with civic, volunteer and non-profit organizations, including City boards/committees, and the dates of activity.

I have been an advocate for the underserved in my community all my life. Upon graduation I worked for a non-profit organon Lincoln, Nebraska that provided transportation, WIC appointments dental, eye, and hearing screenings. I was responsible for the weekly screenings for dental, eye, and hearing. I recruited dentists, optometrists, and.an audiologist for free screenings. Then I recruited health professionals in the community to accept these patients for care at no charge or a sliding scale. I then moved on to UCLA as house staff liaison where I was their advocate to the hospital administration, as well as being in charge of all their on- clinical needs ( health insurance, mealtickets, etc). Most of my working career has been as manager of my husband’s dental specialty office. We accepted many non-paying patients who were in need.

Most recently I have served as a Commissioner on The Council on Aging.

Certification
Please agree with the following statements
That all information in this application is complete, truthful, and accurate to the best of my knowledge.

If appointed, I understand it is my responsibility to notify the City of changes that would affect my membership on the board.

I recognize that Board membership requires my attendance at meetings and/or events. I am willing and able to make this commitment of time and effort to serve.

I understand that the Public Records Act (PRA) allows for public review of this application.

I am not an official or employee of the City of Thousand Oaks.

According to the Council's By-Laws, members must be 60 years or older. By checking this box I affirm that I meet this requirement.

Item No.7C

I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above statements.

Agree
Electronic Signature - Please type your First and Last name Mary JaneTaintor
Item No.7C
1 Mary Jane Taintor
I am applying for a position on The Council of Aging because I would like to have an opportunity to make a difference in the life of other seniors in our community. My graduate work prepared me to be able to motivate and teach management how to train their employees most effectively. This has enabled me to be able to work well with all people. I am 76 years old, and I have had many experiences and developed many skills that give me a very broad base of experience. I have always been very interested in helping others. I feel with my background and skill set I would be a valuable asset to this council. My husband and I first came to Los Angeles in 1979, when my husband was appointed head of the Endodontic department at the UCLA School of Dentistry. I soon accepted a job as House Staff Liaison for all the interns and residents at UCLA hospital. We kept our condo in Sherman Oaks after we moved away and returned here several times a year. We moved to Westlake Village in 2006 and began living here full time after we retired in 2009. We love this area, and I would like to help make it even better for our seniors.

EDUCATION
1964 Pampa High School, Pampa, Texas
1973 -1976 University of Iowa – B.A.
1976 -1978 University of Nebraska M.A. (Adult and Continuing Education with a minor in Educational Administration)
Item No.7C
2 WORK EXPERIENCE
1965 -1967 Managed dental office in Kansas City, Missouri (Husband was in Dental school) 1967 – 1972 Managed husband’s dental practice in Petersburg, Alaska 1978-1979 Open Door Health Center (Non-Profit Organization), Lincoln, Nebraska -advocate for low-income people to get free dental and eye care from licensed professionals in the community
-managed a weekly free dental clinic for exams and x-rays for low income using licensed dentists in the community and dental students from the dental school -recruited optometrists and audiologists to be available to do testing at the weekly dental clinics
1979 – 1983 House Staff Liaison at UCLA Hospital
--served as liaison between House staff and the Hospital Administration -Responsible for all non-clinical aspects of the house staff (interns and residents) --responsible for insurance coverage, meal tickets, pharmacy cards, medical ID cards, lockers, and sleep rooms
--in charge of the annual House Staff Orientation for all new interns an residents in July
--produced a House Staff Manual each year
1983 -1987 Manager for husband’s Endodontic Practice in Anchorage, AK 1988 – 2006 Manager for husband’s Endodontic Practice in Memphis, TN -responsible for daily operations of the office, supervising the employees, inputting data into the computer and generating a day sheet, balance sheet, insurance forms, and referral letters to referring dentists -responsible for bank deposits, payroll, W2’s, and quarterly reports -interacted with other referring offices regarding their patients 2006 Retired
2006 - 2009 Volunteer at the Germantown Community Theatre 2022 - 2023 Commissioner, Council on Aging
Item No.7C
3 PROFESSIONAL SKILLS
- Very much a people person
- Good listener
- Makes good decisions
- Well organized
- Detail Oriented
- Able to complete tasks in a timely manner
- Self-motivated
- Excellent writing skills

PUBLICATIONS
Taintor, Jerry F. with Mary Jane Taintor: The Oral Report, The Consumer’s Common Sense Guide to Better Dental Care, Facts on File, NY, 1988
Taintor, Jerry F. with Mary Jane Taintor: The Oral Report, The Consumers Common Sense Guide to Better Dental Care, Ballantine Books, NY, 2nd Edition, 1989 Item No.7C

City of Thousand Oaks Boards & Commissions
Application Form
Profile
Solicitantes que necesiten asistencia en español, por favor llamen al (805) 449-2151.

Jim Bruno
First Name Last Name
Primary Phone Alternate Phone
Street Address Suite or Apt
Newbury Park CA 91320
City State Postal Code
Email Address
Please note: Resolution No. 2003-105 Sec. 17, Duplicate Appointment, provides that unless specifically authorized by City Council, no citizen may serve on more than one standing Citizen Board, Commission or Committee.

How did you learn of this vacancy?
Acorn
Occupation/Work History - Check all applicable: *
Certified Financial Planner
Self Certified Financial Planner/ Business Mgr.

Employer Job Title
Self Employed Bruno Financial President
Additional Employer Additional Job Title
Must be a City resident. Are you a resident of Thousand Oaks? Yes
Item No.7C

Interests & Experiences
Why are you interested in serving on this board/committee and what do you believe you can contribute?
I have served on many committees and commission over the years and desire to continue to give back to the community .

I have a passion to help seniors and feel called to continue to bring my life's experience in severing Please list all relevant experience supporting appointment to this board.

See below
Please list current and past involvement with civic, volunteer and non-profit organizations, including City boards/committees, and the dates of activity.

Member of the original Steering Committee for the establishment of the Goebel Center . Former Planning Commissioner,. Former Chair of the Community Budget Task Force. 3 time appointed member to the California League of Cites Revenue and Taxation Committee. Former Chair of the Blue Ribbon Campaign Reform . Committee. Founding Member of the Boys and Girls Club. former Member of TOPAZ. Other service references by request....

Certification
Please agree with the following statements
That all information in this application is complete, truthful, and accurate to the best of my knowledge.

If appointed, I understand it is my responsibility to notify the City of changes that would affect my membership on the board.

I recognize that Board membership requires my attendance at meetings and/or events. I am willing and able to make this commitment of time and effort to serve.

I understand that the Public Records Act (PRA) allows for public review of this application.

I am not an official or employee of the City of Thousand Oaks.

According to the Council's By-Laws, members must be 60 years or older. By checking this box I affirm that I meet this requirement.

I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above statements.

Agree
Electronic Signature - Please type your First and Last name Jim Bruno
Item No.7C

City of Thousand Oaks Boards & Commissions
Application Form
Profile
Solicitantes que necesiten asistencia en español, por favor llamen al (805) 449-2151.

Dorothy Hatfield
First Name Last Name
Primary Phone Alternate Phone
Street Address Suite or Apt
Thousand Oaks CA 91360
City State Postal Code
Email Address
Please note: Resolution No. 2003-105 Sec. 17, Duplicate Appointment, provides that unless specifically authorized by City Council, no citizen may serve on more than one standing Citizen Board, Commission or Committee.

How did you learn of this vacancy?
Looking on City website
Occupation/Work History - Check all applicable: *
Retired

N/A N/A
Employer Job Title

N/A N/A
Additional Employer Additional Job Title
Must be a City resident. Are you a resident of Thousand Oaks? Yes
Item No.7C

Interests & Experiences
Why are you interested in serving on this board/committee and what do you believe you can contribute?
I have been a resident of Thousand Oaks for over 35 years and know what a wonderful place it is to live. But, as I have gotten older I see that there is a lot that, when you are older, it is harder to do and I feel that I can help identify areas that the city can help make things easier for seniors.

Please list all relevant experience supporting appointment to this board.

In my work life I was an accountant and information management analyst for GTE (now Verizon) - these helped me develop analytical skills to be able to see problems and solutions. I had to take problems from users and translate them so that the programmers could solve them. This helped learn to listen to different perspectives and find common ground.

With the start of the pandemic, in my volunteer role with Adelante Comunidad Conejo, I helped develop our food pantry program - starting with delivering lunches from the school district to delivering groceries to 40 families a week to holding weekly drive through food distributions as well as pantry in a downtown TO apartment complex and now our monthly free food distribution at Beyer Park. So taking a small idea and growing it is in my wheelhouse. Also, this work has given me a perspective of living in Thousand Oaks and being in a group that is not seen. Their needs are different from mine so I now have that perspective.

Please list current and past involvement with civic, volunteer and non-profit organizations, including City boards/committees, and the dates of activity.

Adelante Comunidad Conejo - 2019 to current
Many Mansions - 2000 to 2019 (off and on in the Homework Help and Office areas) St. Paschal Baylon - 1998 to 2010 (Confirmation ministry and Teen Club) Girl Scouts - Volunteer 1990 to 2008 Leader - 1995 to 2008 PTA - Weathersfield, Los Cerritos, TOHS and Conejo Council - 1989 to 2008 (Served as President for 2 years (not at same time) in each organization as well as classroom volunteer and other activities)
Los Cerritos Band Boosters - 1998 to 2004 (Served as President and treasurer) TOHS Band Boosters - 2001 to 2008 (served in many positions including food, uniforms, VP and President)
Soldiers Angels - 2008 to current
Certification
Please agree with the following statements
That all information in this application is complete, truthful, and accurate to the best of my knowledge.

If appointed, I understand it is my responsibility to notify the City of changes that would affect my membership on the board.

I recognize that Board membership requires my attendance at meetings and/or events. I am willing and able to make this commitment of time and effort to serve.

I understand that the Public Records Act (PRA) allows for public review of this application.

I am not an official or employee of the City of Thousand Oaks.

Item No.7C

According to the Council's By-Laws, members must be 60 years or older. By checking this box I affirm that I meet this requirement.

I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above statements.

Agree
Electronic Signature - Please type your First and Last name Dorothy Hatfield
Item No.7C

City of Thousand Oaks Boards & Commissions
Application Form
Profile
Solicitantes que necesiten asistencia en español, por favor llamen al (805) 449-2151.

Nivedita Vaidya
First Name Last Name
Primary Phone Alternate Phone
Street Address Suite or Apt
Thousand Oaks CA 91362
City State Postal Code
Email Address
Please note: Resolution No. 2003-105 Sec. 17, Duplicate Appointment, provides that unless specifically authorized by City Council, no citizen may serve on more than one standing Citizen Board, Commission or Committee.

How did you learn of this vacancy?
TO Acorn
Occupation/Work History - Check all applicable: *
Retired

N/A N/A
Employer Job Title

N/A N/A
Additional Employer Additional Job Title
Must be a City resident. Are you a resident of Thousand Oaks? Yes
Item No.7C

Interests & Experiences
Why are you interested in serving on this board/committee and what do you believe you can contribute?
I am long time resident of Thousand Oaks and retired university professor with specialization in the Sociology of Aging. I believe I can provide a different diverse perspective on the Council.

Please list all relevant experience supporting appointment to this board.

Taught classes in Aging and Demography along with other topics for over 20 years in the California State University.

Served on the Board of the World Affairs Council in Cincinnati Served as a co-chair of a mental health advisory group for university students.

Please list current and past involvement with civic, volunteer and non-profit organizations, including City boards/committees, and the dates of activity.

Thousand Oaks
Certification
Please agree with the following statements
That all information in this application is complete, truthful, and accurate to the best of my knowledge.

If appointed, I understand it is my responsibility to notify the City of changes that would affect my membership on the board.

I recognize that Board membership requires my attendance at meetings and/or events. I am willing and able to make this commitment of time and effort to serve.

I understand that the Public Records Act (PRA) allows for public review of this application.

I am not an official or employee of the City of Thousand Oaks.

According to the Council's By-Laws, members must be 60 years or older. By checking this box I affirm that I meet this requirement.

I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above statements.

Agree
Electronic Signature - Please type your First and Last name Nivedita Vaidya
CMO: 110-20\wl\H:\COMMON\City Council\Council Items\2023 Staff Reports\062023\062023 COA Applications Attch 1.pdf Item No.7C
TO: City Council
FROM: Bob Engler, Councilmember
David Newman, Councilmember
DATE: June 20, 2023
SUBJECT: Youth Commission Appointments
RECOMMENDATION:

1. Approve Youth Commission reappointments of Lindsay Freedman and Helen Reveles to serve one-year terms ending July 2024.

2. Approve Youth Commission reappointments of Benjamin Glaubke and Nithilan Jeyakumar to serve two-year terms ending July 2025.

3. Approve Youth Commission appointments of Chenya Kwon and Alex Lee to serve two-year terms ending July 2025.

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

FINANCIAL IMPACT:

No Additional Funding Requested. Minimal staff time for costs associated with coordinating interviews, appointments, and preparing support materials is included in the Adopted FY 2022-23 General Fund Budget.

BACKGROUND:

The Youth Commission was established in 1985. It consists of 13 members between the ages of 13 - 18. Members serve two-year, staggered terms. High school seniors may be appointed for one year if they have already served a minimum of one year. The role of the Youth Commission is to serve as an advisory body to the City Council on matters dealing with youth.

An open application period for the current six vacancies was opened March 21, 2023, and closed April 20, 2023. Public outreach took place in March and April and Item No.7D
Youth Commission Appointments
June 20, 2023

included news postings on the City's website, social media channels, and the CityScene e-newsletter. Two ads were run in the Acorn. In addition, special announcements were made to the Teen Center. Complete information can be found on the dedicated Youth Resources webpage (www.toaks.org/youth) on the City website.

DISCUSSION/ANALYSIS:

Twenty-six applications were received for the six existing vacancies. Five applicants did not meet the eligibility requirements for the Youth Commission and were, therefore, not interviewed. Two of these applicants are not entering 9th – 11th grade in Fall 2023, one does not live in the City of Thousand Oaks, and two applied after the deadline.

Twenty-one interviews were scheduled for May 30, 2023, in the City Manager’s Office Conference Room. The interview committee consisted of Councilmember Engler and Councilmember Newman. Two applicants declined the interview. After reviewing applications and conducting interviews, the following reappointments are recommended: Lindsay Freedman and Helen Reveles to serve one-year terms during their senior year of high school, as well as Benjamin Glaubke and Nithilan Jeyakumar to serve two-year terms. Additionally, the following appointments are recommended for two-year terms: Chenya Kwon and Alex Lee.

Recommended appointment applications are available for review in the City Clerk Department; applications for minors are not provided as attachments to staff reports.

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.

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

PREPARED BY: Sarah Mailes, Community Services Analyst
CMO: 110-20\wl\H:\COMMON\City Council\Council Items\2023 Staff Reports\062023\062023 Youth Commission Appointments Staff Report.docx
Item No.7D
TO: Andrew P. Powers, City Manager
FROM: Kelvin Parker, Community Development Director
DATE: June 20, 2023
SUBJECT: Dudek Environmental Consulting Services
RECOMMENDATION:

1. Approve First Amendment to Task Order No. 3 (On-Call Contract No. 12520- 2020) with Dudek Consulting of Santa Barbara, CA, to complete environmental documents for the Los Robles Comprehensive Cancer Center Project at 400 East Rolling Oaks Drive, in the amount of $169,527, increasing the total not-toexceed amount to $294,527.

2. Authorize staff to waive formal Request for Proposal/Qualifications (RFP/Q) process and amend the task order to allow a not-to-exceed amount above the $125,000 task order threshold, pursuant to Thousand Oaks Municipal Code (TOMC) Section 3-10.501.

3. Authorize expenditure in an amount of $169,527 from A/C #001-4210-641- 5947 (Contracted Services, Reimbursable).

4. Find that the approval of a professional services agreement is not a project under California Environmental Quality Act (CEQA) Guideline Section 15378(b)(5) (CCR, Title 14, Chapter 3, Article 20).

FINANCIAL IMPACT:

No Additional Funding Requested. $169,527 for the task order amendment for the preparation of an Environmental Impact Report (EIR) is included in the Adopted FY 2022-23 General Fund Budget. The costs will be reimbursed by the applicant at the completion of the project. Other costs are limited to staff time to prepare the report, assist in the preparation of the EIR, and are also offset by application fees paid by the applicant.

Item No.7E
Dudek Environmental Consulting Services
June 20, 2023

BACKGROUND:

Los Robles Regional Medical Center, the project applicant, proposes to construct a new 58,412 square foot comprehensive cancer center and medical facility on an approximately 4.7 gross acre parcel located at 400 East Rolling Oaks Drive in the City (the “Project”). The one to two-story Project ranges from 27 to 43 feet in height with mansard roofing and fully screened mechanical equipment. The Project is designed to consolidate various cancer services including radiation, oncology, medical oncology, surgical oncology, imaging, and patient service-related functions (navigation, geneticist, appearance center, library, and other support services) within a single comprehensive cancer treatment facility.

On June 23, 2020, City Council approved on-call professional services agreements with firms for various services. Included in these firms was an agreement between the City and Dudek Consulting (Dudek) to provide the City as-needed environmental consulting services up to $125,000 per task order and not-toexceed $500,000 annually.

On July 26, 2022, the City informally solicited proposals from 11 pre-qualified environmental consultants from the City’s on-call consultant list. The City received three competitive proposals and the proposal review process was initiated. After a thorough evaluation of all proposals, Community Development Department staff selected Dudek as the most qualified for the CEQA consulting project based on their prior experience with the City and similar projects, availability, timelines, and proposed scope of work and schedule. Dudek has previously served as an environmental consultant who prepared several environmental documents implemented by the City and has provided consulting services for other public agencies. The City has been satisfied with Dudek's services and deliverables on previous projects.

On September 27, 2022, the City Council approved Task Order No. 3 (Attachment #1) with Dudek for $116,030 and additional services of $8,970 for a total not-toexceed amount of $125,000 to provide professional services in connection with preparation of the EIR for the Los Robles Comprehensive Cancer Center.

DISCUSSION/ANALYSIS:

Task Order No. 3 was approved for $116,030 and additional services of $8,9701 for a total not-to-exceed amount of $125,000 based on an estimate to complete an EIR for environmental clearance. However, during the CEQA required investigation, several additional requirements arose. These requirements include significantly more analysis and background technical document preparation beyond those included in the underlying scope, including a Fire Protection Plan, 1 The amounts stated in the Task Order No. 3 to Contract 12520-2020, included as Attachment #1 states the contingency amount as $21,240, due to a mathematical error.

Item No.7E
Dudek Environmental Consulting Services
June 20, 2023

Air Quality Technical Study, Phase I Environmental Site Assessment, and Aesthetics Analysis with Photo Simulations. In addition, labor costs have been incurred in order to complete revisions to the draft EIR due to an evolving Project Description and to conduct additional analysis in response to comments received during the Notice of Preparation review period. Due to the extent of public engagement received to date, additional resources and staffing to prepare timely responses to comments; more robust alternatives analysis, and attendance of technical experts at the public hearings are being requested as part of this amendment. The current task order amount will not cover the expected total expenditure based on the need for additional services. Therefore, staff is requesting an amendment to fulfill the contractual obligation to the consultant for delivering the environmental document and associated tasks.

First Amendment to Task Order No. 3 (Attachment #2) is requested for $169,527 to finalize the environmental documents, prepare additional analysis and technical studies, provide adequate resources and staffing to provide robust response to comments anticipated; and allow for additional technical experts to be available at public hearings. The applicant will be required to pay an additional deposit fee so the City will fully recover its costs from the applicant’s deposit fund. The Draft EIR is expected to be released for public comment in August 2023. Based on the status of the project, the final tasks of the EIR process are anticipated for completion by Fall 2023.

As the total not-to-exceed amount will exceed $125,000, the upper limit for a task order for an on-call contract, a waiver of this limit by the City Council is required.

The City’s purchasing requirements for a proposal that could exceed $125,000 in value is to prepare and publish a separate formal RFP/Q for the project rather than use an On Call Agreement. TOMC Section 3-10.501, however, provides authority for City Council to waive a standard RFP/Q process under certain circumstances.

Due to the current project’s ongoing status, the unexpected and voluminous growth of the EIR requirements, and the consultant’s extensive work on this project to date, staff is requesting City Council to waive the City’s formal RFP/Q requirements and authorize City staff to amend the task order to allow a not-toexceed amount above the $125,000 task order threshold so that the current consultant can complete the work commenced. City Council approval of Amendment No. 1 to Task Order No. 3 (Contract No. 12520-2020) with Dudek in the amount of $169,527, increasing the total not-to-exceed amount to $294,527 is recommended.

Item No.7E
Dudek Environmental Consulting Services
June 20, 2023

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goal:

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

PREPARED BY: Justine Kendall, Associate Planner
Attachments:

Attachment #1 – Task Order No. 3 to Contract No. 12520-2020 Attachment #2 – First Amendment to Task Order No. 3 to Contract No. 12520-2020
cdd:410-40\jk\H:\COMMON\Administration & Special Projects\Contracts-POs-Task Orders\Dudek-Los Robles Cancer Treatment Center\City Council Materials
Item No.7E
DocuSign Envelope ID: 4766D191- 2B4E- 4857- AEF7- E770FCCC788D City of Community Development Department
Thousan

ON CALL AGREEMENT

TASK ORDER
TASK ORDER NO. 3 Page 1 of 1
ConsultanUContractor: DUDEK CONSUL TING On Call Agreement Amount: $ 500,000.00 Agreement No.: 12520- 2020 Prev. Approved Task Orders: $ 55,449.00 Agreement Date: 7/1/2020 This Task Order: $ 125, 000. 00 Agreement Expiration Date: 6/30/2023 On Call Agreement Balance: $ 331,269.00 1st Renewal Date: City Council Approval Date: 9/27/2022 2nd Renewal Date: DIR Registration Number: 1000007200
3rd Renewal Date: Registration Expiration Date: 6/30/2025 City Business License Number: 22-39584
5947Account No. 001-4210- 641-
Project Name: LOS ROBLES CANCER TREATMENT CENTER AT 400 E ROLLING OAKS DRIVE SCOPE OF WORK FOR THIS TASK ORDER:

SEE ATTACHED
NOT- TO-EXCEED FEE AMOUNT FOR THIS TASK ORDER:

TIME FOR COMPLETION OF ALL SERVICES UNDER THIS TASK ORDER:

Recommended By:

Approved By:

Approved As To Form:
ccepted By:

Approved By:

Approved By:
r;;:"i:_u
J' fi' A' E' i''ft'&ndall, Associate Planner
City of Thousand Oaks
I ~ .. --.. ="'
Kearns, Planning Division Manager
City of Thousand Oaks
IN:;-;::
o'e' f' tfcll-an, Assistant City Attorney
City of Thousand Oaks
Dudek Consulting
Kelvin °Parker, Community Development Director
City of Thousand Oaks
P. Powers, City Manager
City of Thousand Oaks
Date: 10/ 13/ 2022
Date: 10/ 16/ 2022
Date: 10/ 12/ 2022
Date: 10/ 12/ 2022
Date:
10/ 16/ 2022
Date: 10/ 17/ 2022
125, 000. 00
Completion by:* June 30, 2023
If the term of the Master On-Call Agreement from which this Task Order was issued expires prior to the completion of this work, the terms and conditions of the Agreement, including all rights and obligations, shall remain in effect and bind the parties until the work is completed.

Rev. 2/11/2020
Contract No. 12520-2020T3
ATTACHMENT #1
Item No.7E
Contract No. 12520- 2020T3
Item No.7E
Contract No. 12520- 2020T3
Item No.7E
Contract No. 12520- 2020T3
Item No.7E
Contract No. 12520- 2020T3
Item No.7E
Contract No. 12520- 2020T3
Item No.7E
Contract No. 12520- 2020T3
Item No.7E
Contract No. 12520- 2020T3
Item No.7E
Contract No. 12520- 2020T3
Item No.7E
AGREEMENT NO.12520-2020 TASK ORDER NO. 3 1
Consultant/Contractor:

City Business License #: 22-39584 Orig. Task Order Amount: $ 125,000.00 On Call Agreement Amount: $ 500,000.00 Agreement Date: 7/1/2020 Previous Amendments: Prev. Approved Task Orders: $ 180,449.00 Agreement Expiration Date: 6/30/2023 This Amendment: $ 169,527.00 $ 169,527.00 Orig. Task Order Date: 10/17/2022 Task Order Not-To-Exceed: $ 294,527.00 On Call Agreement Balance: $ 150,024.00 Prior Amendment Date: n/a City Council Approval Date: 6/20/2023 Project Name/No.:

Account No.:

SCOPE OF WORK FOR THIS TASK ORDER:

NOT-TO-EXCEED FEE AMOUNT FOR THIS TASK ORDER AMENDMENT:

TIME FOR COMPLETION OF ALL SERVICES UNDER THIS TASK ORDER:

Recommended By: Date:

Justine Kendall, Associate Planner
City of Thousand Oaks
Approved By: Date:

Steve Kearns, Planning Division Manager
City of Thousand Oaks
Accepted By: Date:

Dudek Consulting
Approved By: Date:

Kelvin Parker, Community Development Director
City of Thousand Oaks
Approved By: Date:

Kevin McNamee, Mayor
City of Thousand Oaks
Approved By: Date:

Andrew P. Powers, City Manager
City of Thousand Oaks
Approved As To Form: Date:

City of Thousand Oaks
Attested By: Date:

Laura B. Maguire, City Clerk
City of Thousand Oaks Rev. 4/2022-CLJ
This Amendment:

LOS ROBLES COMPREHENSIVE CANCER CENTER AT 400 E ROLLING OAKS DRIVE (2022-70775-EIR) *If the term of the Master On-Call Agreement from which this Task Order was issued expires prior to the completion of this work, the terms and conditions of the Agreement, including all rights and obligations, shall remain in effect and bind the parties until the work is completed. 001-4210-641-5947

PLEASE SEE ATTACHED
$ 169,527.00
12/30/2024
Joe Monaco, President/CEO
Noel Doran, Assistant City Attorney

ON CALL AGREEMENT

TASK ORDER AMENDMENT
AMENDMENT NO.

Dudek Consulting
cdd:410-40\initials\\\CH-FS1-P\Data\GRPCDD\COMMON\Administration & Special Projects\Contracts-POs-Task Orders\Dudek-Los Robles Cancer Treatment Center\Amendment\12520-2020 T3 A1 Draft.xlsx ATTACHMENT #2
Item No.7E
CDD:410-40\\\CH-FS1-P\Data\GRPCDD\COMMON\Administration & Special Projects\Contracts-POs-Task Orders\Dudek-Los Robles Cancer Treatment Center\Amendment\Attachment 2 First Amendment to Task Order 3 to Contract 12520 2020 (1).docx

EXHIBIT ìA-1î ñ SCOPE OF WORK
Original task descriptions have been amended (June 2023) as shown below and supersede the original Task descriptions included in the Task Order signed October 17, 2022. Only those tasks listed below have been amended, all others remain in effect.

The EIR must analyze the impacts of the proposed project pursuant to the California Environmental Quality Act (CEQA), commencing with Section 21000 et seq. of the California Public Resources Code. The EIR must meet the legal requirements of a complete, legally accurate and adequate, unbiased, and objective statement of the direct, indirect, and cumulative impacts of the proposed project. The function of this document will be to provide the community, the Planning Commission, and the City Council with accurate information regarding short- and long-term impacts.

Task 2 - Assessment of Project Description and Preparation of Technical Reports - $112,061.

Contactor will audit and coordinate on the Project Description; review background information, including the project applications, site plans and all relevant materials in coordination with City staff; peer review technical reports, and any other relevant documents and studies that have been prepared; and prepare the following technical reports:
• Air Quality Impact Analysis with Construction and Operational Health Risk Assessments
• Energy Use Analysis
• Greenhouse Gas Impact Analysis
• Phase I Environmental Site Assessment
• Noise and Vibration Assessment
• Fire Protection Plan
• Aesthetics Analysis Photo Simulations
The contents and objective of each report is described below, under Task 6. To the maximum extent feasible, existing technical studies will be used and impacts will be quantified and compared to quantitative significance thresholds. Technical studies provided to the City by the project applicant include a Biological Resources Assessment, Protected Tree Report, Geotechnical Evaluation, and Preliminary Drainage Report.

Task 6 ñ Preparation of the Administrative Draft EIR ñ $78,660 The Administrative Draft EIR must represent the Consultantís best efforts toward the actual Draft EIR document. A thorough and accurate report will be expected. All text and graphics to be used in the Draft EIR must be included, in proposed final form, in the Administrative Draft EIR Document. Contractor will prepare an internal review (Administrative) Draft EIR and will submit an electronic copy of the Administrative Draft EIR for City review in PDF and Word format. The final public review Draft EIR (if so determined) will be submitted both electronically and in hard copy (three (3) sets of the Item No.7E
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EIR and technical reports) for review by the public at City counter. An electronic copy of any document referenced in the appropriate environmental document shall also be provided.

In addition to all legal requirements, the Administrative Draft EIR must include:

1. A summary table that clearly describes all potential impacts, states whether or not the impact is significant, identifies potential mitigation measures, and indicates whether or not the impact remains significant upon implementation of the mitigation measures;

2. Maps, graphics, tables and charts necessary to clearly depict the location and nature of any environmental constraints and potentially significant impacts identified in the EIR, and present relevant information;

3. An impact discussion that numerically identifies each impact, with each significant impact followed by appropriate mitigation measures. Whenever possible, equally effective alternative mitigation measures should be proposed. This will allow the City to select the mitigation measure determined to be most feasible and desirable at the time of Project approval;

4. The Draft EIR must address all staff comments provided on the Administrative Draft EIR document.

The EIR will address each issue on the CEQA checklist as listed below:
• Aesthetics, Light, and Glare. The Aesthetics analysis will be based on thresholds established and referenced in Appendix G, Section I, Aesthetics, of the CEQA Guidelines. The review will consider nearby sensitive uses that are in proximity to the site. The study of impacts will thoroughly address existing conditions, identify demolition and construction-related impacts, review and consider designated scenic vistas that may occur in the vicinity, nearby view vantage points, analyze character and quality considerations and study potential light and glare impacts.

The analysis will consider the potential effects on the quality and character of the Project area. The compatibility and introduction of new land use, when compared to the surrounding area, will be studied. Consistency with applicable Municipal Codes, Development Standards, and Regulations pertaining to aesthetics will be reviewed. The potential for significant impacts to be generated by the introduction of light and glare associated with new development onsite will be addressed.

Existing lighting conditions will be identified and proposed lighting (e.g., interior lighting, exterior security lighting, landscape lighting, and potential increases in vehicular headlights in the vicinity of project ingress and egress locations) will be considered. Existing City policies and guidelines regarding light and glare will be reviewed for inclusion within the EIR. The existing aesthetic environment and visual resources will be characterized, and the discussion will identify views of the Project site from adjacent areas. A visual inventory of the Project area will be conducted to verify the visual character and viewshed. In addition, as part of Task 2, to depict the anticipated visual change associated with implementation of the proposed project, Contractor will create up to three three-dimensional (3D) visual simulations of the proposed project on finished grade. The 3D simulations will Item No.7E
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include existing site photographs as background images and a true-scale 3D models for the Project rendered onto the existing photographs. • Agriculture and Forestry Resources. There would be no effect on farmland or forestland and the project would not convert such lands to another use. • Air Quality. Project generated operational, traffic, and construction emissions will be quantified using the California Emissions Estimator Model (CalEEMod) and compared to Ventura County Air Pollution Control District (APCD) thresholds of significance. Project consistency with the regional air quality management plan, impacts to sensitive receptors, and odors will also be evaluated. The air quality analysis will also evaluate the potential health risk to nearby sensitive receptors (including single family residences) associated with project construction and operation through Operational and Construction health risk assessments (HRA) included as part of Task 2. The HRAs will be prepared to analyze the potential health risks associated with exposure of nearby sensitive receptors to diesel particulate matter, a toxic air contaminant, from heavy duty truck trips for any offsite sources not screened out by the preliminary air quality analysis detailed previously. Readily available data, such as Caltrans truck traffic data for highways may be used in the analysis. The dispersion of toxic air contaminants to the project site will be determined using Hotspots Analysis and Reporting Program Version 2 (HARP 2) software developed by the California Air Resources Board and the most recent version of the United States Environmental Protection Agencyís air dispersion model, the AMS/EPA Regulatory Model (AERMOD). Chronic and carcinogenic health risk calculations will be based on the Office of Environmental Health Hazard Assessmentís 2015 Risk Assessment Guidelines. If health risk exceeds APCD threshold levels, Contractor will recommend feasible mitigation measures. The methodology and results of the HRA will be summarized in the air quality section of the EIR.
• Biological Resources. Contractor understands the applicant is to submit a Biological Resources Assessment with Jurisdictional Delineation which will be peer reviewed by the contractor, as well as a Protected Tree Report to the City, which will be peer reviewed by an International Society of Arboriculture Certified Arborist (arborist) consultant under separate contract with the City. The impact analysis will provide a discussion of the existing conditions, regulatory environment, thresholds of significance that were used for the evaluation, the impact analysis (both project and cumulative), any recommended mitigation measures, and the level of significance after mitigation. • Cultural Resources. Contractor will request a California Historical Resources Information System records search of the project sites as well as a 0.5-mile radius around the project site from the South-Central Coastal Information Center (SCCIC) located at California State University, Fullerton. The primary purpose of the records search is to identify any previously recorded cultural resources known to exist within or near the project site. In addition to the archaeological inventory records and reports, an examination will be made of historic maps, the National Register of Historic Places, California Register of Historical Resources, the California Historical Resources Inventory, and the listing of California Historical Landmarks.

The records search will also reveal the nature and extent of any cultural resources Item No.7E
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work previously conducted within the project site and adjacent vicinity. The City assumes SCCIC will conduct this records search with a maximum direct expense of $800. Due to the COVID-19 pandemic, the SCCIC has suspended in-house records search appointments and may be experiencing delays and turnaround times may be affected. In addition to the SCCIC records search, Contractor will request an EDR package which includes historical aerial photographs, city directories and Sanborn Fire Insurance maps of the project footprint; this will be conducted with a maximum direct expense of $350. The results of this analysis will be included directly in the environmental document, no separate report will be provided.
• Paleontological Resources Assessment. Contractor will conduct a paleontological resources analysis to identify the geologic units, which may be impacted by project development, determine the paleontological sensitivity of geologic unit(s) within the project site, assess potential for impacts to paleontological resources from development of the proposed project, and recommend mitigation measures to avoid or mitigate impacts to scientifically significant paleontological resources. The paleontological resource study will consist of a fossil locality record search, review of existing geologic maps, and a review of primary literature regarding fossiliferous geologic units within the project vicinity and region. The direct expenses for the locality search will not exceed $500 and no field survey will be required. The results of this analysis will be included directly in the environmental document, no separate report will be provided.
• Energy. This analysis, included under Task 2, will quantify energy use based on CalEEMod results and standard demand factors. Energy use will be compared to local or state energy use inventories to determine whether the project would use energy in a wasteful manner.
• Geology and Soils. Based on readily available sources (such as the Cityís Safety Element and any site-specific geotechnical analysis prepare for the project), this analysis included, as part of Task 2, will identify existing regional and site-specific geology and soils constraints (such as liquefaction, compressible soils, and subsidence). As necessary, the analysis will identify erosion control criteria and grading requirements to achieve consistency with the Cityís geologic and grading standards and policies. The results of this analysis will be included directly in the environmental document, no separate report will be provided. • Greenhouse Gas Emissions. The GHG analysis will quantitatively assess project GHG emissions using CalEEMod. The impact analysis, included under Task 2, will reflect Appendix G of the State CEQA Guidelines using a simple emission-based threshold. The discussion will also include a qualitative discussion of the projectís potential to conflict with applicable plans and measures. • Hazards and Hazardous Materials. Hazard conditions will be examined through the preparation of a Phase I Environmental Site Assessment, included under Task

2. The Phase I ESA for the 4.7-acre project site will include a database search, agency records review, historical source review, site reconnaissance, interviews, and report preparation. The findings of the investigation will be summarized in the report and will include a list of any recognized environmental conditions (RECs) identified for the Site, as well as historical RECs and controlled RECs. Results of Item No.7E
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the Phase I ESA will be summarized in the Hazards and Hazardous Materials analysis in the EIR.
• Hydrology and Water Quality. Existing hydrology/drainage data for the project area will be reviewed to identify any existing localized flooding or drainage problems.

The review will consider changes in absorption rates, drainage patterns, storm drain improvements, and downstream effects. The potential for the project to violate water quality standards or waste discharge requirements will also be analyzed. National Pollutant Discharge Elimination System and associated local requirements will be referenced and incorporated as appropriate. The results of this analysis will be included directly in the environmental document, no separate report will be provided.
• Land Use and Planning. This discussion will analyze the relationship of the proposed project and associated entitlements to applicable planning policies and ordinances, including the Cityís General Plan and Municipal Code. The projectís potential to divide an established community will also be analyzed, as well as potential compatibility conflicts with adjacent uses.
• Mineral Resources. This discussion will note there would be no effect upon mineral resources.
• Noise. Potential noise and vibration impacts associated with project construction and operation will be analyzed. Four short-term noise measurements will be conducted to characterize ambient noise conditions. Manual traffic counts of vehicles along the adjacent street segment will also be completed during the sound level measurements to calibrate the traffic noise model for use in characterizing the ambient community noise equivalent level. A 24-hour SPL measurement may be conducted at one of these four locations, or at another additional location, as needed based on the Contractorís discretion. Temporary construction noise and vibration will be estimated based on standard noise and vibration emission rates for construction equipment and the distance to sensitive receivers (e.g., residences and historic structures). Long-term noise due to on-site operations and traffic increases will be evaluated based on the ambient noise measurements and data from the transportation study. Impacts will be identified based on applicable City noise criteria and vibration criteria recommended by the Federal Highway Administrationís Traffic Noise Model (TNM) version 2.5. A technical appendix will be prepared with the noise measurement data logs and modeling input and results for construction, operational, and traffic noise, as part of Task 2. • Population/Housing. The analysis will compare population and housing growth associated with the project to local and regional growth forecasts and will document the fact the project would not result in residential displacement. • Public Services. The projectís effects related to the provision of services, including fire, law enforcement, educational, and recreational services, will be evaluated.

Data sources will include readily available documents, such as the Cityís General Plan, and contact with affected agencies. The analysis will focus on the projectís potential to create the need for new or expanded facilities, the construction of which may have significant environmental effects.
• Recreation. The analysis will address direct impacts to local recreation facilities and indirect impacts associated with the deterioration of parks due to increased Item No.7E
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demand for recreational facilities. The focus will be potential environmental impacts related to the construction of new facilities and the possible physical deterioration of existing facilities.
• Transportation/Traffic. The transportation/traffic analysis will consider impacts to the local and regional circulation system, alternative transportation modes, and traffic hazards. The analysis will also include a discussion of the projectís impact related to VMT and will rely on the VMT analysis to be prepared by the Cityís Public Works Department.
• Tribal Cultural Resources. The Contractor will prepare letters and conduct Native American outreach in accordance with AB 52 and SB 18. Based on responses, the City will follow-up with consultation or other communication as needed. This section will summarize the Cityís AB 52 and SB 18 consultation efforts and the results of the cultural resources records search conducted for the projectís Cultural Resources Analysis.
• Utilities and Service Systems. Impacts to existing infrastructure, including water, wastewater, solid waste, and electricity/natural gas facilities will be evaluated.

Water and energy demand and wastewater and solid waste generation will be quantified using standard rates for proposed uses and compared to current and future system capacity.
• Wildfire. This analysis will address the projectís location relative to Very High Fire Hazard Severity Zones and State Responsibility Areas and assess how the project may exacerbate wildfire risks, expose people or structures to wildfire or post-fire flooding or landslides, risk or impair adopted emergency response/evacuation plans, or require installation of infrastructure that could exacerbate fire risk. The section will summarize the project siteís fire environment (existing condition), applicable plans and policies addressing wildfire hazard, and will provide an analysis of potential impacts. Contractor will utilize the results of our Fire Behavior Modeling and FPP, as well as project plans and reports provided by the City/the applicant and publicly available data sets to inform the impact analysis and mitigation measure development, should measures be necessary to reduce impact significance. In addition, a Fire Protection Plan (FPP) meeting Ventura County Fire Department (VCFD) requirements and guidelines, included under Task 2, will be prepared and submitted to the VCFD for review prior to publication of the final public review Draft EIR. The FPP will evaluate fire risk and provide information regarding fire code conformance, specifically related to its location within a very high fire hazard severity zone. Additional tasks related to drafting of the FPP include site specific risk assessment and field data collection, fire behavior modeling, and preparation of a Fire History Exhibit. Findings from the Fire Behavior Modeling and FPP will be incorporated into the CEQA analysis. • Effects Found Not to Be Significant. Section 15128 of the California Environmental Quality Act (CEQA) guidelines requires that an environmental impact report (EIR) briefly describe potential environmental effects that were determined not to be significant and therefore are not discussed in detail in the EIR. The following environmental issues are not considered significant for the Project and shall be analyzed within this chapter of the EIR: Agricultural and Forestry Resources; Geology and Soils; Hydrology and Water Quality; Mineral Resources; Population Item No.7E
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and Housing.
• Other CEQA Considerations. The following shall be provided in this chapter of the Draft EIR.
o Cumulative Impacts. Consistent with Section 15130(a) of the State CEQA Guidelines, the Draft EIR will include a discussion of the cumulative impacts of the Project. This discussion will be provided at the end of each environmental resource section or within the Other CEQA Considerations chapter of the Draft EIR.
o Growth-Inducing Impacts. Consistent with Section 15126.2(e) of the California Environmental Quality Act (CEQA) Guidelines, the EIR will include a discussion of the Projectís growth-inducing effects. The CEQA Guidelines generally describe such effects as follows: (1) economic growth, population growth, or additional housing in the surrounding environment; (2) removal of obstacles to population growth (e.g., a major expansion of a wastewater treatment facility that allows for more construction in the service area); (3) increases in population that tax existing services requiring construction of new facilities that could cause significant environmental effects; and (4) characteristics of a project that would encourage and facilitate other activities that could significantly affect the environment, either individually or cumulatively. This discussion will be provided within the Other CEQA Considerations chapter of the Draft EIR. • Significant Irreversible Changes and Significant and Unavoidable Impacts.

CEQA Guidelines requires that an EIR address any significant irreversible changes that would be caused by implementation of a project. Per CEQA Guidelines Section 15126.2(c), the following scenarios will be analyzed in relation to the Project: Change in Land Use that Commits Future Generations to Similar Uses; Irreversible Damage from Environmental Accidents; and Large Commitment of Nonrenewable Resources. Within this chapter of the EIR, a summary of any significant and unavoidable impacts of the Project will be provided.
ï Alternatives Analysis. In coordination with City Staff, the Contractor will develop project alternatives designed to avoid and/or substantially reduce any impacts that cannot otherwise be mitigated to a level less than significant. Pursuant to CEQA Guidelines Section 15126.6, the Contractor will provide an analysis of a ìreasonable rangeî of alternatives, comparing the environmental impacts of each alternative in each impact area to the Project. For those alternatives considered but rejected from further consideration, the Contractor will document these considerations in this section. The Contractor will provide qualitative and some quantitative analysis of alternatives, comparing the environmental impacts of each alternative to that of the proposed Project and in accordance with CEQA guidelines. An impact matrix will be provided to depict the comparison of impacts (i.e., environmentally superior, inferior, Item No.7E
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or similar) of each of the Alternatives analyzed. The project alternatives to be considered will include the No Project alternative, an offsite alternative, and a reduced density/reduced height alternative. Based on comments received at the NOP scoping hearing, the City anticipates analysis of up to 5 project alternatives.

Task 7 ñ Preparation of the Screencheck Draft and Public Review Draft - $20,540 Contractor will prepare the Public Review Draft EIR following a final round of comments and edits by City staff.

Contractor will prepare the Notice of Availability (NOA)and the Notice of Completion (for State Clearinghouse involvement). The contractor will be responsible for posting the NOA with the County Clerk as well as all required materials with the State Clearinghouse.

The City will be responsible for preparing and mailing all notices, including a newspaper notice, and publishing the NOI in a local newspaper with the Contractor provided electronic (PDF) copy of the final public review draft EIR for posting on the Cityís website.

Task 8 ñ Preparation of the Administrative Final EIR and MMRP and Final EIR and MMRP - $36,800.

Contractor shall respond to all written comments received by the City, including verbal comments recorded at public hearing(s), as required. This task assumes up to 30 CEQArelated comments will be received by the City in relation to the proposed project (note that a single comment letter may include several comments). No more than one letter from any potential project opponentís attorneys is assumed. If an extraordinary number of verbal comments, comment letters, letters from project opponentís attorneys (which are often lengthy and/or overly technical), or comment letters requiring new analysis are received. All comments and Responses to Comments (RTCs) will be summarized in a matrix of comments, which will include the comment letter, the comment number within the comment letter, the issue area to which it applies, and whether the response will be an individual response or a topical/master response. All comments will be numbered (to indicate comment letter and comment number), and the responses to those comments will be similarly numbered to allow easy correlation. Contractor will also prepare a Mitigation Monitoring and Reporting Program (MMRP), which will be a table listing all mitigation measures and indicating what monitoring actions are required, the department(s) responsible for monitoring, and when monitoring is to occur.

Following the review of the Administrative Draft Final EIR by City staff, Contractor will incorporate any revisions and address comments as requested by the City. Contractor will submit a Screencheck version of the Final EIR for final review, addressing any final revisions or comments.

Contractor will compile the CEQA Administrative Record for the City as the project progresses so that files may be turned over immediately upon project conclusion.

Contractor will also provide draft and final version of the findings of fact and statement of overriding considerations (if necessary).

Item No.7E
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Task 9 ñ Project Management & Public Hearings - $31,076.

This includes project management duties, coordination, meetings, and conference calls, including internal Dudek meetings, City coordination meetings and public hearings. The cost estimate assumes a seven-month timetable. Contractor will attend two public hearing on the project and, if needed, will make a presentation summarizing the environmental review process and EIR conclusions. Up to two technical experts are assumed to be required to be available via video call during two decision-maker meetings and for the project manager to attend up to two hearings in- person.

Optional Tasks
Should Optional Tasks and or additional services be needed, Contractor will contact the City and a determination made for the appropriate course of action.

TASK BASED COST SUMMARY
Task Description Cost
1 Kick-off Meeting $940
2 Assessment of Project Description and Preparation
of Technical Reports
$112,061
3 Notice of Preparation $1,160
4 Transmittal of Notice of Preparation $1,840
5 Scoping Meeting $2,480
6 Preparation of the Administrative Draft EIR $ 78,660
7 Preparation of Screencheck Draft and Public
Review Draft EIR
$ 20,540
8 Preparation of the Administrative Final EIR and
MMRP and Final EIR and MMRP
$ 36,800
9 Project Management & Public Hearings $ 31,076
Contingency (Requested by Staff) $ 8,970
TOTAL $ 294,527
Item No.7E
TO: City Council
FROM: Andrew P. Powers, City Manager
DATE: June 20, 2023
SUBJECT: FY 2023-24 Top Priorities & Citywide Goals for FY 2023-24 & FY 2024-25
RECOMMENDATION:

1. Approve City Council Top Ten Priorities for FY 2023-24, the Citywide Goals for FY 2023-24 and FY 2024-25, and reaffirm the City Council Norms.

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

FINANCIAL IMPACT:

No Additional Funding Requested. Costs for staff time associated with preparing, reviewing, and approving these policy statements are included in the Adopted FY 2022-23 General Fund Budget.

BACKGROUND:

At the May 23, 2023, Citywide Top Priorities and Goal Setting Study Session, City Council received an organizational update, status on Citywide priorities, and results of the Citywide Community Attitude Survey.

Following the update, City Council discussed the establishment of Top Priorities for FY 2023-24, reviewed and affirmed both the Citywide Goals for FY 2023-24 and FY 2024-25 and City Council Norms.

DISCUSSION/ANALYSIS:

City Council Top Ten Priorities for FY 2023-24
Each year City Council sets Citywide Top Priorities for the upcoming fiscal year.

These Top Priorities clearly articulate City Council’s objectives and are used to promote accountability.

Item No.7F
FY 2023-24 Top Priorities & Citywide Goals for FY 2023-24 & FY 2024-25 June 20, 2023

At the May 23, 2023 Study Session, City Council discussed and reviewed proposed Top Priorities and action items based on ranking sheets completed and submitted by each Councilmember. City Council provided direction on establishing final priorities.

Based on City Council direction, staff recommends approval of the Proposed FY 2023-24 Top Ten Priorities as follows (Attachment #1):

1. Homelessness – Complete construction of 77-unit permanent supportive housing project at the Quality Inn & Suites, complete planning and entitlement process for 30-unit “Homeless Navigation Center” at Lawrence Drive, and begin operations. Continue to seek State and Federal funding to support these efforts.

2. Affordable Housing – Advance the planning and entitlement process for 78- unit affordable for-sale project at site of former Hillcrest School. Adopt revised inclusionary housing and in-lieu ordinance in alignment with General Plan. Explore other potential affordable housing locations and partnerships.

3. Public Safety – Proactively address current crime trends by continuing to participate in federal-level task forces and leveraging advanced technology, directed enforcement, and public outreach to combat crimes including catalytic converter theft, organized burglary crews, and fentanyl abuse. Advocate and support a potential “Family Justice Center” presence in Thousand Oaks plus additional County services to the City and other East County cities. Support efforts of fire-safe councils in building community resiliency.

4. Economic Development – Continue harnessing investment in the Thousand Oaks biotech cluster with a focus on recruitment, retention, and localized growth.

Continue processing an application for a 16-building Shapell industrial project at the end of Rancho Conejo Boulevard as well as a speculative wet lab construction on Via Merida. Investigate other potential public infrastructure investments to better connect life science campuses.

5. Environmental Sustainability – Complete Climate & Environmental Action Plan. Advance strategic sustainability investments including grant advocacy for additional microgrids at strategic locations. Continue to strongly advocate for regional solutions that promote localized water resiliency including the Las Virgenes Pure Water Project.

6. Public Works and Infrastructure Investments – Leverage capital improvement budget to address aging public infrastructure, improve public median plantings with drought-tolerant landscaping, and invest in new bicycle and pedestrian infrastructure. In conjunction with the Thousand Oaks Police Department, launch targeted outreach to improve bicycle and pedestrian safety.

Item No.7F
FY 2023-24 Top Priorities & Citywide Goals for FY 2023-24 & FY 2024-25 June 20, 2023

7. Comprehensive General Plan Update – Release draft General Plan document along with accompanying environmental review, and complete all elements with stakeholder engagement. Present to Planning Commission and City Council for consideration.

8. Campus Master Plan – In conjunction with the ad-hoc committee and consulting team, renew community engagement on the Civic Arts Plaza renovation project. Present phasing strategy to City Council and begin planning for potential Phase 1 construction.

9. Technology Investments – Complete comprehensive rebuild of City & Library public websites. Begin process of upgrading water billing system to offer more realtime information for customers. Refine and build upon comprehensive land management system implementation. Ensure continued technology safety through investment in state-of-the-art cybersecurity protections.

10. Cultural Arts and Library – Complete library space planning initiative for both libraries and identify additional funding to potentially begin renovations. Identify short- and long-term fiscal strategies to further enhance experiences and programs in Thousand Oaks.

Citywide Goals
At the May 23, 2023, Study Session, City Council reviewed and reaffirmed its Citywide Goals (Attachment #2) for FY 2023-24 and FY 2024-25. City Council sets broad Citywide Goals to help direct the organization’s work. Goals are reviewed for potential revision every two years consistent with the budget cycle.

City Council Norms
At the May 23, 2023, Study Session, City Council reviewed and reaffirmed its City Council Norms (Attachment #3) which serve to augment City Council’s Standards of Operation (Resolution No. 2023-008), Municipal Code Ethics Chapter, and related policy documents to provide a more specific “Code of Conduct.” City Council discussed and concurred that the City Council Norms do not have to be reviewed and reaffirmed at each annual Goal Setting Study Session. Staff recommends these items be reviewed as part of the two-year budget process going forward.

Next Steps
After receiving approval from City Council, the City’s Executive Leadership Team will review and develop a plan to implement the new Citywide Top Priorities for FY 2023-24.

Item No.7F
FY 2023-24 Top Priorities & Citywide Goals for FY 2023-24 & FY 2024-25 June 20, 2023

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

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

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

PREPARED BY: Melissa Hurtado, Assistant to the City Manager Attachments:

Attachment #1 – FY 2023-24 Top Priorities
Attachment #2 – FY 2023-24 & FY 2024-25 Citywide Goals
Attachment #3 – City Council Norms
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Item No.7F
CMO:120-40\mh\C:\inetpub\wwwroot\multitenant\temp\Attachment 1 FY 2023 24 Top Priorities.pdf City of Thousand Oaks
FY 2023-24 Top Ten Priorities

1. Homelessness – Complete construction of 77-unit permanent supportive housing project at the Quality Inn & Suites, complete planning and entitlement process for 30-unit “Homeless Navigation Center” at Lawrence Drive, and begin operations. Continue to seek State and Federal funding to support these efforts.

2. Affordable Housing – Advance the planning and entitlement process for 78- unit affordable for-sale project at site of former Hillcrest School. Adopt revised inclusionary housing and in-lieu ordinance in alignment with General Plan.

Explore other potential affordable housing locations and partnerships.

3. Public Safety – Proactively address current crime trends by continuing to participate in federal-level task forces and leveraging advanced technology, directed enforcement, and public outreach to combat crimes including catalytic converter theft, organized burglary crews, and fentanyl abuse. Advocate and support a potential “Family Justice Center” presence in Thousand Oaks plus additional County services to the City and other East County cities. Support efforts of fire-safe councils in building community resiliency.

4. Economic Development – Continue harnessing investment in the Thousand Oaks biotech cluster with a focus on recruitment, retention, and localized growth. Continue processing an application for a 16-building Shapell industrial project at the end of Rancho Conejo Boulevard as well as a speculative wet lab construction on Via Merida. Investigate other potential public infrastructure investments to better connect life science campuses.

5. Environmental Sustainability – Complete Climate & Environmental Action Plan. Advance strategic sustainability investments including grant advocacy for additional microgrids at strategic locations. Continue to strongly advocate for regional solutions that promote localized water resiliency including the Las Virgenes Pure Water Project.

6. Public Works and Infrastructure Investments – Leverage capital improvement budget to address aging public infrastructure, improve public median plantings with drought-tolerant landscaping, and invest in new bicycle and pedestrian infrastructure. In conjunction with the Thousand Oaks Police Department, launch targeted outreach to improve bicycle and pedestrian safety.

ATTACHMENT #1
Item No.7F
CMO:120-40\mh\C:\inetpub\wwwroot\multitenant\temp\Attachment 1 FY 2023 24 Top Priorities.pdf

7. Comprehensive General Plan Update – Release draft General Plan document along with accompanying environmental review, and complete all elements with stakeholder engagement. Present to Planning Commission and City Council for consideration.

8. Campus Master Plan – In conjunction with the ad-hoc committee and consulting team, renew community engagement on the Civic Arts Plaza renovation project. Present phasing strategy to City Council and begin planning for potential Phase 1 construction.

9. Technology Investments – Complete comprehensive rebuild of City & Library public websites. Begin process of upgrading water billing system to offer more real-time information for customers. Refine and build upon comprehensive land management system implementation. Ensure continued technology safety through investment in state-of-the-art cybersecurity protections.

10.Cultural Arts and Library – Complete library space planning initiative for both libraries and identify additional funding to potentially begin renovations.

Identify short- and long-term fiscal strategies to further enhance experiences and programs in Thousand Oaks.

Item No.7F
CMO120-40\mh\C:\inetpub\wwwroot\multitenant\temp\Attachment 2 FY 2023 24 Citywide Goals .pdf City of Thousand Oaks
Citywide Goals for FY 2023-24 and FY 2024-25
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.

E. Complete ring of open space around the City; Protect and preserve ridgelines, natural habitat, and designated open space areas.

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.

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

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

I. Maintain a strong local employment base geared toward retaining high quality businesses; Sustain a healthy business community; and, Diversify the local economy, with a specific emphasis on small businesses and high technology/biomedical jobs.

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

K. Prepare for transition of City workforce by ensuring that sufficient succession planning takes place to develop an employment base which is reflective of the community’s demographics.

ATTACHMENT #2
Item No.7F
Cmo120-40\mh\C:\inetpub\wwwroot\multitenant\temp\Attachment 3 City Council Norms.pdf City of Thousand Oaks
City Council Norms
“Promote Public Confidence and Trust”

1. Treat each other, staff, and members of the public respectfully; do not criticize staff or others in public.

2. Follow the rules (Standards of Operation) and adhere to the rules. Mayor to hold speakers accountable and Mayor Pro Tem to hold speakers addressing Mayor accountable, while recognizing a resident’s right to address his/her elected representatives.

3. Speak only for yourself; not for other Councilmembers, including during campaign cycles. Do not speak for other Councilmembers in the press at all times, including during campaign cycles.

4. Keep comments from wandering into being indirectly critical of other Councilmembers.

5. Discourage supporters from coming to City Hall to criticize other Councilmembers.

6. Do not make assumptions. Do not question motivations.

7. After each Council Meeting, each Councilmember should acknowledge each other.

As reaffirmed by City Council on May 23, 2023
ATTACHMENT #3
Item No.7F
TO: Andrew P. Powers, City Manager
FROM: Clifford G. Finley, Public Works Director
DATE: June 20, 2023
SUBJECT: Blanket Purchase Orders for Hot Mix Asphalt and Concrete RECOMMENDATION:

1. Approve blanket purchase orders and authorize expenditure in the amount of $440,000 from various General Fund (001) and Water Operating Fund (611) accounts as available, for hot mix asphalt material not to exceed $220,000 per fiscal year, per vendor, for FY 2023-24 and FY 2024-25, with Vulcan Materials Company (Oxnard, CA) and Granite Construction, Inc. (Santa Paula, CA).

2. Approve blanket purchase orders and authorize expenditure in the amount of $660,000 from various General Fund (001) and Water Operating Fund (611) accounts as available, for concrete material not to exceed $165,000 per fiscal year, per vendor, for FY 2023-24 and FY 2024-25, with Cemex Cement, Inc. (Moorpark, CA), Sprague’s Ready Mix (Simi Valley, CA), National Ready Mix (Moorpark, CA), and State Ready Mix (Oxnard, CA).

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

FINANCIAL IMPACT:

No Additional Funding Requested. Funds will be identified on a case-by-case basis and will be charged to the appropriate City fund operating accounts and are included in the Adopted FY 2023-24 and FY 2024-25 Operating Budget.

BACKGROUND:

The Public Works Department is responsible for maintaining and repairing City infrastructure including roads, streets, and sidewalks. The Street Maintenance Division maintains over 375 miles of asphalt infrastructure and over 650 miles of concrete curbs, gutters, and sidewalks, all of which require repairs on an asneeded basis. As a matter of public safety, and to effectively schedule Item No.7G
Blanket Purchase Orders for Hot Mix Asphalt and Concrete June 20, 2023

maintenance in a fiscally and environmentally responsible manner, infrastructure repairs need to be completed in a timely manner. Staff has identified asphalt and concrete batch plants located near Thousand Oaks that can provide the materials when requested.

The availability of reliable local resources for the purchase of hot asphalt paving and concrete materials is critical. Hot mix asphalt is an oil and aggregate-based product, and concrete is an aggregate sand and cement-based product. Both asphalt and concrete have specific processing and handling requirements.

Sourcing the product from batch plants located beyond a 45-minute delivery time is not feasible, as product quality declines during transportation.

DISCUSSION/ANALYSIS:

The following Ventura County companies have been identified as reliable vendors for providing hot mix asphalt or concrete materials in a timely manner:

1. Cemex Cement, Inc. Moorpark, CA

2. Granite Construction, Inc. Santa Paula, CA

3. National Ready Mix Moorpark, CA

4. Sprague’s Ready Mix Simi Valley, CA

5. State Ready Mix Oxnard, CA

6. Vulcan Materials Company Oxnard, CA
The City has used all the above-listed companies in the past. These firms are contacted to determine who has the best daily price and ability to promptly deliver products to a job site. The price and availability of asphalt and concrete fluctuate daily. Oil is one of the most influential price fluctuations. Other factors influencing price include batch availability, supply of mixed products, run times, and delivery commitments.

Blanket purchase orders are recommended to serve as authorization to use these suppliers for the next two fiscal years. The proposed blanket purchase orders will expedite the purchase of asphalt and concrete and increase options for securing these materials at the best available market price. When the City needs to purchase asphalt or concrete, quotes will be requested from the vendors listed above and the purchase will be based on the lowest responsive and timely quote received.

If approved by City Council, blanket purchase orders for concrete and asphalt materials will be subsequently processed by the Purchasing Officer and will be available to all City departments.

Item No.7G
Blanket Purchase Orders for Hot Mix Asphalt and Concrete June 20, 2023

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goal:

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

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

PREPARED BY: Michael Fahrenkopf, Street Maintenance Supervisor DPW: 600-30\etm\H:\Council\2023\062023\Blanket PO for Hot Mix Asphalt and Concrete Material staff report.docx Item No.7G
TO: Andrew P. Powers, City Manager
FROM: Clifford G. Finley, Public Works Director
DATE: June 20, 2023
SUBJECT: Supply and Delivery of Polymer to Hill Canyon Treatment Plant RECOMMENDATION:

1. Award General Services Agreement to Solenis LLC (Wilmington, DE) for a three-year term with two optional one-year extensions, in an amount not to exceed $1,930,630 for the supply and delivery of polymer to Hill Canyon Treatment Plant (HCTP).

2. Authorize expense in the amount of $620,227 for FY 2023-24 and $643,543 for FY 2024-25 from A/C #621-8250-685-3242 (HCTP/Wastewater Chemical Supplies).

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

FINANCIAL IMPACT:

No Additional Funding Requested. $620,227 is available in the Adopted FY 2023-24 Budget and $643,543 in the Adopted FY 2024-25 Wastewater Fund Budget. Remaining funds will be requested during the upcoming biennial budget process.

BACKGROUND:

HCTP treats wastewater from the City. Constructed in the 1960s with major improvements over the following decades, HCTP provides advanced tertiary level wastewater treatment. The facility treats an average of eight million gallons per day of wastewater generated from its domestic, commercial, and industrial customers and operates 24 hours per day/seven days per week.

Polymer is used for three purposes at HCTP including screw press dewatering, gravity belt thickening, and secondary clarifier settling. In each area, polymer assists with the separation of liquids and solids. Once separated, the liquids Item No.7H
Supply and Delivery of Polymer to HCTP
June 20, 2023

continue through the treatment process until discharged to the North Fork Arroyo Creek as final effluent, while the solids continue the treatment process and moisture is removed before finally being hauled away to a composting facility.

DISCUSSION/ANALYSIS:

On April 14, 2023, a formal Request for Proposals/Qualifications (RFP/Q) for the Supply and Delivery of Polymer from original product manufacturers was publicly advertised in the Thousand Oaks Acorn newspaper and posted on the City’s purchasing website in accordance with Thousand Oaks Municipal Code section 3-

10.401. Unlike the low bid requirements of the Public Contract Code, contracts for professional, management, general, or special services should only be awarded to firms who have demonstrated the adequate level of experience, competence, training, credentials, resources, staffing, and other qualifications necessary for more than a satisfactory performance of the services solicited.

Two suppliers responded to schedule their participation in the first phase of the pre-qualification process. Solenis LLC and Polydyne, Inc. participated in the first phase of the trial which included jar testing to assess the general effectiveness of their products with the wastewater.

Both Solenis and Polydyne participated in the second phase of the trial which included testing their products on the relative equipment within HCTP’s treatment process. Both passed the three-day pre-qualification trial confirming their polymer product is compatible with HCTP’s wastewater treatment process and equipment, and both met minimum qualification measures. However, Solenis provided a product that met the City’s requirements using the least amount of qualifying product, which also provided the best value overall. Therefore, it is recommended City Council award a three-year agreement to Solenis LLC (Attachment #1) for the supply and delivery of polymer to HCTP.

This action is not a project as defined under the California Environmental Quality Act because this action will not result in a direct or foreseeable indirect physical change in the environment [14 CCR 15060(c)].

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.

Item No.7H
Supply and Delivery of Polymer to HCTP
June 20, 2023

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

PREPARED BY: Kim Sherman, Sr. Purchasing Specialist
Attachments:

Attachment #1 – Solenis LLC Agreement
DPW:290-10\ks\ev\Council\2023\062023\Supply and Delivery of Polymer to HCTP.docx Item No.7H
ATTACHMENT #1
DPW:290-10\ks\ev\Council\2023\062023\Supply and Delivery of Polymer to HCTP.docx

Project Name: Supply and Delivery of Polymer

AGREEMENT FOR GENERAL SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AND

SOLENIS LLC
THIS AGREEMENT, made and entered into this 1st day of July, 2023, by and between the CITY OF THOUSAND OAKS, a municipal corporation (hereinafter referred to as "City"), and SOLENIS LLC (hereinafter referred to as "Service Provider"). City and Service Provider agree as follows:

1. RETENTION OF SERVICE PROVIDER
City hereby retains Service Provider, and Service Provider hereby accepts such engagement, to perform the services described in Section 2. Service Provider warrants it has the qualifications, experience, and facilities to properly and timely perform said services.

2. DESCRIPTION OF SERVICES
The general services to be performed by Service Provider are as follows, and are more particularly described in the Scope of Work, attached as Exhibit “A”, and incorporated herein: supply and delivery of polymer.

3. COMPENSATION AND PAYMENT
(a) Maximum. The total compensation earned by or payable to Service Provider, by City, for any and all services under this Agreement shall not exceed $1,930,630 (herein "not to exceed amount”).
(b) Rate. Service Provider shall be paid a fixed sum for work performed under this Agreement, said sum being described in Service Provider’s Schedule of Fees, attached as Exhibit “B.” Any changes or modifications resulting in an increase to this fixed sum must be approved in writing by City’s Project Manager in advance, and may not surpass the not to exceed amount. (c) Payment. All payments shall be made within 30 days after receipt of written verification from Service Provider of the actual compensation earned, in a form satisfactory to City's Project Manager.

Item No.7H
DPW:290-10\ks\ev\Council\2023\062023\Supply and Delivery of Polymer to HCTP.docx

(d) Extra Services. Additional work not reasonably encompassed by the Scope of Services described in Section 2 may be agreed upon only by execution of a written Amendment to this Agreement. No liability or right to compensation for extra services shall exist without such Amendment. Unless otherwise stated in the Amendment, applicable rates for extra services shall be at the rates set forth in Exhibit “B”.

4. CITY PROJECT MANAGER AND SERVICES BY CITY
The services to be performed by Service Provider shall be accomplished under the general direction of, and in coordination with, City's "Project Manager", as that staff person is designated by City from time to time, and who presently is, Tim Mooney, Operations Supervisor.

5. TERMS OF PERFORMANCE
Non-Exclusivity. This Agreement is non-exclusive. City reserves the rights to retain, employ, or contract with other qualified services providers during the term of this Agreement on such occasions and in such circumstances as City shall determine are appropriate.

Ability to Perform. Service Provider warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws, ordinances, and regulations.

Laws to be Observed. Service Provider shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws as well as with Ventura County and City of Thousand Oaks ordinances, regulations and adopted codes during its performance of the work.

Payment of Taxes. The contract prices shall include provision for all taxes that Service Provider is required to pay. Service Provider is responsible for all taxes required to be paid under this Agreement.

Permits and Licenses. Service Provider shall procure all permits and licenses, pay all charges and fees, and give all necessary or legally required notices.

Prevailing Wage. Service Provider is obligated to pay prevailing wages under the California Labor Code. Service Provider agrees to indemnify, defend and hold City harmless from any claim that prevailing wages should have been paid, and shall be liable for the payment of the same and any penalties thereon. It is the responsibility of Service Provider to be familiar with the California Labor Code, and Item No.7H
DPW:290-10\ks\ev\Council\2023\062023\Supply and Delivery of Polymer to HCTP.docx

failure or neglect of Service Provider to understand the California Labor Code shall in no way relieve Service Provider from any obligations.

Department of Industrial Relations Requirements. The Work is subject to the payment of not less than prevailing wages under California Labor Code Section 1770 et seq. The work is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No contractor or subcontractor may be awarded a contract for public work on a public works project unless currently registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

Safety Provisions. Service Provider shall conform to the rules and regulations pertaining to safety established by Occupational Safety & Health Administration (OSHA) and the California Division of Industrial Safety.

Preservation of City Property. Service Provider shall provide and install suitable safeguards, approved by City, to protect City property from injury or damage. If City property is injured or damaged as a result of Service Provider's operations, it shall be replaced or restored within a reasonable time at Service Provider's expense. The facilities shall be replaced or restored to a condition as good as when Service Provider began work.

Subcontractors. Service Provider shall be solely responsible for ensuring that any subcontractors used in completing tasks under the Agreement comply with all pertinent laws and regulations as well as the relevant terms of this Agreement. City shall have no obligation to monitor or oversee subcontractors.

Immigration Act of 1986. Service Provider warrants on behalf of itself and all subcontractors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.

Service Provider Non-Discrimination. In the performance of this work, Service Provider agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons.

Work Delays. Should Service Provider be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at City's sole option, be extended for such periods as may be agreed upon by City and Service Provider.

Item No.7H
DPW:290-10\ks\ev\Council\2023\062023\Supply and Delivery of Polymer to HCTP.docx

Inspection. Service Provider shall furnish City with every reasonable opportunity for City to ascertain that the services of Service Provider are being performed in accordance with the requirements and intentions of this Agreement.

All work done and all materials furnished, if any, shall be subject to City's inspection and approval. The inspection of such work shall not relieve Service Provider of any of its obligations to fulfill its contract requirements.

Audit. Service Provider shall maintain, in accordance with generally accepted accounting principles, complete and accurate records of all activities and operations relating to this Agreement. Records, including but not limited to, timecards, employment records, work progress reports, reimbursements, invoices, project records, proprietary data and information, as well as licensed software and any electronic records shall be kept for a period of four years beyond the termination or expiration of this Agreement. Service Provider agrees that City, or its authorized representative, shall have the right to examine, audit, excerpt, copy or transcribe any of the records pertaining to this Agreement at any time during normal business hours. Service Provider shall reimburse City for all reasonable costs of the audit, including travel time and auditor costs, should such audit reveal an overcharge of five (5) percent or more. Any overcharge will be considered a breach of this Agreement and could be cause for termination. The obligations of this section shall be explicitly included in any subcontracts or other agreements entered into by Service Provider with respect to this Agreement, if allowed by this Agreement.

6. TERM, PROGRESS AND COMPLETION
This Agreement shall expire on June 30, 2026, unless Service Provider's authorized work assigned before the expiration of the term is not completed by that date. If work has not been completed during the allotted Agreement period, the terms and conditions of the Agreement, including all rights and obligations, shall remain in effect and bind the parties until the work is completed.

City Manager shall have the authority to extend the term of the Agreement in writing no more than two (2) additional terms, for a period of one (1) year each.

Extensions shall be memorialized by written amendment to the Agreement.

Service Provider shall not commence work on the services to be performed until (i) Service Provider furnishes proof of insurance as required by paragraph 9 below, and (ii) City gives written authorization to proceed with the work provided by City’s Project Manager.

7. NO ASSIGNMENT
This Agreement is not assignable by Service Provider without City's prior consent in writing.

Item No.7H
DPW:290-10\ks\ev\Council\2023\062023\Supply and Delivery of Polymer to HCTP.docx

8. HOLD HARMLESS AND INDEMNITY
(a) Hold Harmless for Service Provider's Damages. Service Provider holds City, its elected officials, officers, agents, employees and volunteers, harmless from all of Service Provider's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to Service Provider, to Service Provider's employees, to Service Provider’s contractors or subcontractors, or to the owners of Service Provider's firm, which damages, losses, injuries or liability occur during the work or services required under this Agreement, or performance of any activity or work required under this Agreement.
(b) Defense and Indemnity of Third-Party Claims/Liability. Service Provider shall indemnify, defend with legal counsel approved by City, and hold harmless City, its elected officials, officers, agents, employees and volunteers from and against all liability including, but not limited to, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Service Provider’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Service Provider, or should City otherwise find Service Provider’s legal counsel unacceptable, then Service Provider shall reimburse City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. Service Provider shall promptly pay City any final judgment rendered against City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of Service Provider’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination or expiration of this Agreement.

Service Provider’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Service Provider shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Service Provider will be for that entire portion or percentage of liability not attributable to the active negligence of City.

Item No.7H
DPW:290-10\ks\ev\Council\2023\062023\Supply and Delivery of Polymer to HCTP.docx

(c) Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by City, or the deposit with City, of any insurance certificates or policies described in Section 9.

9. MINIMUM SCOPE AND LIMIT OF INSURANCE
Without limiting Service Provider’s indemnification of City, and prior to commencement of Work, Service Provider shall obtain, provide, and maintain at its own expense during the term of this Agreement, and any extension thereof, policies of insurance of the type and amounts described below in a form that is satisfactory to City.

Coverage shall be at least as broad as:
(a) Commercial General Liability (CGL): Service Provider shall, at Service Provider’s sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry General Liability insurance coverage at least as broad as Insurance Services form CG 00 01 in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate for bodily injury, personal and advertising injury and property damage, including with limitation, blanket contractual liability.
(b) Automobile Liability: Service Provider shall, at Service Provider’s sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry Automobile Liability insurance coverage at least as broad as Insurance Services form CA 00 01 or the exact equivalent covering bodily injury and property damage for all activities of Service Provider arising out of or in connection with the work to be performed under this Agreement, including coverage of any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Worker’s Compensation: Service Provider shall, at Service Provider’s sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry workers’ compensation statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for bodily injury or disease. Service Provider shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers for all work performed by Service Provider, its employees, agents and subcontractors.

If Service Provider maintains higher limits than the minimum shown above, City requires and shall be entitled to coverage for the higher limits maintained by Service Provider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Item No.7H
DPW:290-10\ks\ev\Council\2023\062023\Supply and Delivery of Polymer to HCTP.docx

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
City, its elected officials, officers, agents, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Service Provider including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to Service Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 10 01 and CG 20 37 10 01 if a later edition is used). The provision shall also apply to any excess liability policies. In addition, Service Provider shall ensure that the automobile liability policy contains a provision covering City as an additional insured, and shall obtain an endorsement to that effect if it does not.

Excess Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Umbrella or excess policies shall provide coverage at least as broad as specified for underlying coverages and covering those insured in the underlying policies. Coverage shall be “pay on behalf” with defense costs payable in addition to policy limits. There shall be no cross-liability exclusion of claims or suits by one insured against the other. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City as required in written contract or agreement before City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

City’s Rights of Enforcement
In the event any policy of insurance required under this Agreement does not comply with these specifications or is cancelled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Service Provider, or City will withhold amounts sufficient to pay premium from Service Provider’s payments. In the alternative, City may cancel this Agreement.

City’s Right to Revise Specifications
City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Service Provider ninety (90) Item No.7H
DPW:290-10\ks\ev\Council\2023\062023\Supply and Delivery of Polymer to HCTP.docx

days advance written notice of such change. If such change results in substantial additional cost to Service Provider, City and Service Provider may renegotiate Service Provider's compensation.

Primary and Non-Contributory Coverage
For any claims related to this Agreement, Service Provider's insurance coverage shall be primary insurance as respects City, its elected officials, officers, agents, employees and volunteers. Any insurance or self-insurance maintained by City, its elected officials, officers, agents, employees or volunteers shall be excess of Service Provider's insurance and shall not contribute with it and be at least as broad as CG 20 01 04 13.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to City.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. City may require Service Provider to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

Acceptability of Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with a current A.M. Best’s rating of no less than A:VII, (unless otherwise acceptable to City).

Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected officials, officers, agents, employees or volunteers or shall specifically allow Service Provider, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Service Provider hereby waives his own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. Copies of these waivers shall be submitted to City prior to commencement of work.

Claims Made Policies
If any of the required policies provided coverage on a claims-made basis:

Item No.7H
DPW:290-10\ks\ev\Council\2023\062023\Supply and Delivery of Polymer to HCTP.docx

(a) The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of contract work.
(b) Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the work required under this Agreement.
(c) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement effective date, Service Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.

Verification of Coverage
Service Provider shall provide City with copies of certificates (on City certificate form or an Accord form as modified per City direction) for all policies, with the appropriate named additional insured coverage and an endorsement that they are not subject to cancellation without 30 days prior written notice to City. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Service Provider's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors
Service Provider shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Service Provider shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

10. RELATION OF THE PARTIES
(a) Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.

Item No.7H
DPW:290-10\ks\ev\Council\2023\062023\Supply and Delivery of Polymer to HCTP.docx

(b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

11. TERMINATION BY CITY
City may terminate any portion, or all of the services agreed to be performed under this Agreement by notifying Service Provider in writing 30 calendar days prior to any termination. In the event of such termination, Service Provider shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termination shall be payable by City to Service Provider within 30 days following submission of a final statement by Service Provider.

12. CORRECTIONS
Service Provider shall correct, at its expense, all errors in the work which may be disclosed during City's review of Service Provider's work. Should Service Provider fail to make such correction in a reasonably timely manner, such correction shall be made by City, and the cost thereof shall be charged to Service Provider.

13. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by Service Provider of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Service Provider for anything done, furnished or relating to Service Provider's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within five (5) calendar days of the receipt of that check, whichever occurs first. However, any approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Service Provider, its employees, subcontractors, agents and consultants for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Service Provider, its employees, subcontractors, agents and consultants.

Item No.7H
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14. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified.

15. CONFLICT OF INTEREST
Service Provider is unaware of any City employee or official that has a financial interest in Service Provider's business. During the term of this Agreement and/or as a result of being awarded this Agreement, Service Provider shall not offer, encourage or accept any financial interest in Service Provider's business by any City employee or official. If a portion of Service Provider's services called for under this Agreement shall ultimately be paid for by reimbursement from and through an agreement with a developer of any land within City or with a City franchisee, Service Provider warrants that it has not performed any work for such developer/franchisee within the last 12 months, and shall not negotiate, offer or accept any contract or request to perform services for that identified developer/franchisee during the term of this Agreement.

16. NON-APPROPRIATION OF FUNDS
Payments due and payable to Service Provider for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of City funds. In the event City has not appropriated sufficient funds for payment of Service Provider’s services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year.

17. GOVERNING LAW; CAPTIONS; ENTIRE AGREEMENT BETWEEN

PARTIES
This Agreement, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California.

The provisions of this Agreement shall be construed as a whole according to its common meaning of purpose of providing a public benefit and not strictly for or against any party. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutral genders or vice versa. The captions or headings in this Agreement are for Item No.7H
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convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the Agreement. This Agreement supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering or services and contains all of the covenants and agreements between the parties with respect to said services. Any modifications of this Agreement will be effective only if it is in writing and signed by the party to be charged.

18. MITIGATION OF DAMAGES
In all situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.

19. TAXPAYER IDENTIFICATION NUMBER
Service Provider shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W-9, as most recently issued by the Internal Revenue Service.

20. MODIFICATION/AMENDMENT OF AGREEMENT
Any amendment, modification, or variation of the terms or tasks of this Agreement shall be in writing and shall be effective only upon the mutual written approval of the City Manager, or his designee, and Service Provider.

21. AUTHORIZATION
Each party has expressly authorized the execution of this Agreement on its behalf and binds said party and its respective administrators, officers, directors, shareholders, divisions, subsidiaries, agents, employees, successors, assigns, principals, partners, joint venturers, insurance carriers and any others who may claim through it to this Agreement.

22. PARTIAL INVALIDITY
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

Item No.7H
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23. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:

TO CITY: Kim Sherman
Sr. Purchasing Specialist
Hill Canyon Treatment Plant
City of Thousand Oaks
9600 Santa Rosa Road
Camarillo, CA 93012
(805) 491-8116 | [email protected]
TO SERVICE PROVIDER: Chelsea Vaughan-Burns
Solenis LLC
2475 Pinnacle Drive
Wilmington, DE 19803
(302) 502-0802 | [email protected]

24. SIGNATURES
(a) Counterparts. This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument.
(b) Scanned Signatures. In the event that any signature is delivered by facsimile transmission or submitted electronically as a scanned image (i.e. files with .pdf, .tiff or .jpeg extensions), such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or scanned signature page were an original thereof.
(c) Digital/Electronic Signatures. This Agreement may be executed through the use of digital or electronic signatures provided they meet the requirements of the Electronic Signatures in Global and National Commerce (ESIGN) Act and the California Uniform Electronic Transactions Act (UETA) and are produced using a City-approved method. The presence of an electronic Item No.7H
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signature on this document shall be construed as the parties’ consent to do business electronically.

In concurrence and witness whereof, this Agreement has been executed by the parties effective on the date and year first written above.

SOLENIS LLC
Wendy S. Mueller
Regional Pricing Director
Steve Jose
Vice President, Municipal, Oil & Gas,
and Indirect Channels

CITY OF THOUSAND OAKS
Kevin McNamee, Mayor
ATTEST:

Laura B. Maguire, City Clerk

APPROVED AS TO ADMINISTRATION
Andrew P. Powers, City Manager

APPROVED BY DEPARTMENT HEAD
Clifford G. Finley, Public Works Department

APPROVED AS TO FORM
Tracy Friedl, Assistant City Attorney
Item No.7H
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EXHIBIT A

SCOPE OF WORK
Supplier shall supply and deliver polymer products to City at the Hill Canyon Treatment Plant (HCTP), pursuant to the following conditions:

GENERAL REQUIREMENTS

1. Delivery:

A. Timing. Typical deliveries of Screwpress (SC) and Gravity Belt Thickener (GBT) polymers will be ordered in advance by HCTP staff allowing for 3-4 weeks of lead time for product arrival. In the event of an emergency product must be available for delivery within 48-hours of City’s request; smaller quantities of product in portable totes or drums will be acceptable for emergency deliveries. Typical Secondary Clarifier (SC) polymer deliveries will be ordered in advance, approximately once every twomonths; in an emergency, product must be available for delivery within 48-hours of City’s request. Deliveries may be made 7-days per week between 7:00 a.m. and 7:00 p.m.

B. Delivery Vehicle. Vehicle shall be in good condition and operated by Supplier or by a hauling company sub-contracted by Supplier. Truck tractors and tank trailers shall be pneumatic-tired; conform to all applicable State and Federal regulations; and be fully equipped and maintained to safety transport and deliver specified chemical product.

Tank trailers shall be specially designed to prevent leakage and resist rupture in the event of a collision, and carry all equipment necessary to respond to an accidental chemical release.

C. Delivery Driver. Driver shall be licensed with applicable endorsements issued by the Department of Motor Vehicles and be trained and experienced in handling specified chemical product, and be specifically trained to stop chemical flow in the event of an emergency. Supplier shall provide evidence of such training and experience upon request. Drivers of all deliveries shall be thoroughly trained and familiar with the related hazards, safety measure, and spill clean-up procedures required for the type of chemical being delivered. Spills and/or leaks at time of delivery, regardless of size, must be reported to HCTP staff and shall be properly and immediately cleaned up by the driver or other personnel of the Supplier in accordance with State, Federal, and OSHA regulations.

Driver shall be responsible for providing equipment to chock tires while unloading product.

D. Posted Speed Limits. Speed limits shall always be observed while driving on City property. Supplier shall be completely liable for any damage to property or personnel because of driver’s negligence.

Item No.7H
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E. Delivery Equipment. City can offload totes from flatbed truck. Bulk deliveries shall include an appropriate compression unit and piping to permit safe transfer of the specified chemical product to stationary bulk containers. Hoses, fittings, and appurtenant equipment shall be provided by Supplier and be free of leaks. Hose connections at SP and GBT offloading sites are 3-inch, female camlocks.

F. Unloading. Unloading shall be conducted in a safe manner by Supplier in the presence of HCTP staff. Appropriate protective clothing shall be worn, and industry safety practices and procedures always followed explicitly.

G. Pay Quantity of Product Delivered. Polymer is purchased by the pound and delivered to HCTP in bulk. Exact quantities may vary from estimates given, and may be increased or decreased to meet City requirements.

No minimum is guaranteed.

H. Delivery Weight/Volume. Bulk deliveries shall be determined by weighing the tank trailer before and after filling at Supplier’s facility on a certified truck scale. Copies of weigh master’s certificates shall be provided at time of delivery. Each invoice shall include a reference number for each delivery with that delivery’s quantity in pounds.

I. Quality Assurance Analysis (QAA). QAA may be run to check the quality of the chemical product for any given delivery. City will check the weight, volume, measures of quantity, quality, and any product not meeting State, Federal, and/or American Water Works Association (AWWA) standards, safety, delivery requirements, or the specifications outlined herein.

J. Other, City may require Supplier to furnish an affidavit stating product complies fully to the specifications provided herein, a certified analysis of the product delivered, and/or the preventive maintenance schedule of delivery trucks unloading compressor.

2. Safety Data Sheet (SDS): Current SDS for all products must be provided to City staff at the time of delivery and throughout the contract term.

3. Specification: Supplier shall bring apparent errors or omissions to the City’s attention in a timely manner.

4. Manufacturer: Supplier must be an Original Product Manufacturer for the products provided throughout the contract term.

Item No.7H
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PERFORMANCE STANDARDS
Polymer product shall have the same specifications as the product supplied during the polymer performance pre-qualification trial as follows:
• SP – Sludge Cake % Solids greater or equal to 17% and % of Solids Capture (Capture Efficiency) equal or greater to 90%.
• GBT – Sludge % solids should be 5-6%.
• SC – Polymer added should improve settling during 30-minute settleability test.

Should the City’s dewatering performance consistently fall beneath the performance criteria set in the pre-qualification trial, upon request of the City, Supplier shall provide product testing results to compare specifications of current product supplied with the product supplied during the pre-qualification trial. Should the current polymer supplied have different specifications than that supplied during the pre-qualification trial, Supplier must replace the current product with product meeting the same specifications as the product supplied during the prequalification trial at no cost to City. Should the City’s inputs to the dewatering processes change such that performance consistently falls beneath the prequalification performance criteria, Supplier shall in good faith re-test the approved supplied product with City’s current process inputs to determine efficacy of product with City’s current process.

Item No.7H
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EXHIBIT B

SCHEDULE OF FEES
Prices are guaranteed maximum rate until June 30, 2026. Prices include all delivery costs and are exclusive of applicable taxes.

PRAESTOL™ K 144 L-NA FLOCCULANT
Screwpress Dewatering
(SP)
Estimated Annual
Consumption
Unit Price
Per Pound
Estimated
Annual Price
1 st Year Firm/Fixed Price
(July 1, 2023 – June 30, 2024) 264,000 $1.60/lb $422,400 2 nd Year Firm/Fixed Price
(July 1, 2024 – June 30, 2025) 264,000 $1.66/lb $438,240 3 rd Year Firm/Fixed Price
(July 1, 2025 – June 30, 2026) 264,000 $1.72/lb $454,080 PRAESTOL™ K 148 L-VA FLOCCULANT
Gravity Belt Thickener
(GBT)
Estimated Annual
Consumption
Unit Price
Per Pound
Estimated
Annual
Price
1 st Year Firm/Fixed Price
(July 1, 2023 – June 30, 2024) 75,000 $1.62/lb $121,500 2 nd Year Firm/Fixed Price
(July 1, 2024 – June 30, 2025) 75,000 $1.68/lb $126,000 3 rd Year Firm/Fixed Price
(July 1, 2025 – June 30, 2026) 75,000 $1.74/lb $130,500 PRAESTOL™ K 274 FLX FLOCCULANT
Secondary Clarifier
(SC)
Estimated Annual
Consumption
Unit Price
Per Pound
Estimated
Annual
Price
1 st Year Firm/Fixed Price
(July 1, 2023 – June 30, 2024) 20,000 $1.72/lb $34,400
2 nd Year Firm/Fixed Price
(July 1, 2024 – June 30, 2025) 20,000 $1.79/lb $35,800
3 rd Year Firm/Fixed Price
(July 1, 2025 – June 30, 2026) 20,000 $1.86/lb $37,200
1 st Year Sub-Total $578,300.00
1 st Year Sales Tax $ 41,926.75
1 st Year Not to Exceed $620,226.75
2 nd Year Sub-Total $600,040.00
2 nd Year Sales Tax $ 43,502.90
2 nd Year Not to Exceed $643,542.90
3 rd Year Sub-Total $621,780.00
3 rd Year Sales Tax $ 45,079.05
3 rd Year Not to Exceed $666,859.05
Total Not to Exceed $1,930,630.00
Item No.7H
TO: Andrew P. Powers, City Manager
FROM: Clifford G. Finley, Public Works Director
DATE: June 20, 2023
SUBJECT: Biosolids Hauling and Beneficial Reuse Services RECOMMENDATION:

1. Award three-year General Services Agreement to Synagro-WWT, Inc. (Taft, CA) for an amount not to exceed $2,773,260 for Biosolids Hauling and Beneficial Reuse and authorize City Manager to extend the contract term once, for a period of two years.

2. Authorize expenditure in the amount of $923,420 for FY 2023-24 and $923,420 FY 2024-25 from A/C #621-8250-682-5691 (Biosolids Contracted Services).

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

FINANCIAL IMPACT:

No Additional Funding Requested. $1,846,840 is included in the Adopted FY 2023-24 and FY 2024-25 budget. The remaining funds will be requested during the upcoming biennial budget process.

BACKGROUND:

The Hill Canyon Treatment Plant (HCTP) treats wastewater from the community of Thousand Oaks. Constructed in the 1960s with major improvements, HCTP provides advanced tertiary level wastewater treatment. It treats an average of eight million gallons per day of wastewater generated from domestic, commercial, and industrial sources, operating 24 hours per day, 365 days per year.

The HCTP produces approximately 14,000 wet tons of biosolids annually. During the wet season (November – April), biosolids are mechanically de-watered and hauled away at a dryness ranging from 14 to 17 percent total solids. In the dry season (May – October), after mechanical drying, the biosolids are transferred to Item No.7I
Biosolids Hauling and Beneficial Reuse Services
June 20, 2023

on-site drying beds and further dried to 50 to 90 percent total solids. The exact amount hauled may vary substantially due to factors like weather or drying bed usage. In 2022, approximately 9,000 wet tons of biosolids were hauled.

Since 2020, Synagro-WWT, Inc. has hauled biosolids for the City under an agreement for beneficial reuse in compliance with federal, state, and local regulations. Organic material is converted into value-added products such as compost, aligning with California Legislation SB 1383, aiming for a 75 percent reduction in landfill organics by 2025. The existing contract with Synagro-WWT, Inc. expires on June 30, 2023.

DISCUSSION/ANALYSIS:

On April 14, 2023, a formal Request for Proposals/Qualifications (RFP/Q) was publicly advertised in the Thousand Oaks Acorn newspaper and on the City’s eprocurement website for Biosolids Hauling and Beneficial Reuse. On May 10, 2023, the City received two proposals, with the following results:

Company Biosolids
End Use
Recycle
Credit
Synagro-WWT, Inc. (Taft, CA) Compost Yes
Ecology Auto Parts (Cerritos, CA) Compost Yes
In accordance with Government Code section 4526 and Thousand Oaks Municipal Code section 3-10.401, contracts for professional, management, general, or special services require firms or individuals with experience, competence, training, credentials, resources, staffing, and other qualifications ensuring excellent service.

Cost is considered but not the sole factor in contract award decisions.

Synagro-WWT, Inc. submitted a proposal meeting the City’s requirements of hauling 100 percent of biosolids for beneficial reuse. Synagro-WWT, Inc. will compost the City’s biosolids for beneficial reuse, earning full diversion credits, and has offered the lowest price per wet ton. Synagro-WWT, Inc. has provided satisfactory services aligning with the City’s commitment to protect the environment and preserve limited natural resources.

It is recommended that City Council award a three-year agreement to SynagroWWT, Inc. for Biosolids Hauling and Beneficial Reuse (Attachment #1), not to exceed $2,773,260. Additionally, the City Manager is authorized to extend the contract term once, for a period of two years.

Item No.7I
Biosolids Hauling and Beneficial Reuse Services
June 20, 2023

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

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

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

PREPARED BY: Kim Sherman, Sr. Purchasing Specialist
Attachments:

Attachment #1 – Synagro-WWT, Inc. Agreement
DPW: 290-20\ks\ev\Council\2023\062023\Biosolids Hauling and Beneficial Reuse staff report.docx Item No.7I
ATTACHMENT #1
DPW: 290-20\ks\ev\Council\2023\062023\Biosolids Hauling and Beneficial Reuse staff report.docx

Project Name: Biosolids Hauling and Beneficial Reuse

AGREEMENT FOR GENERAL SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AND
SYNAGRO-WWT, INC.

THIS AGREEMENT, made and entered into this 1st day of July, 2023, by and between the CITY OF THOUSAND OAKS, a municipal corporation (hereinafter referred to as "City"), and SYNAGRO-WWT, INC. (hereinafter referred to as "Service Provider"). City and Service Provider agree as follows:

1. RETENTION OF SERVICE PROVIDER
City hereby retains Service Provider, and Service Provider hereby accepts such engagement, to perform the services described in Section 2. Service Provider warrants it has the qualifications, experience, and facilities to properly and timely perform said services.

2. DESCRIPTION OF SERVICES
The general services to be performed by Service Provider are as follows, and are more particularly described in the Scope of Work, attached as Exhibit “A” and incorporated herein: biosolids handling and beneficial reuse services.

3. COMPENSATION AND PAYMENT
(a) Maximum. The total compensation earned by or payable to Service Provider, by City, for any and all services under this Agreement shall not exceed $2,773,260 (herein "not to exceed amount”).
(b) Rate. Service Provider shall be paid a rate of $64.53 per wet ton of biosolids material, plus applicable fuel surcharges and rental fees for work performed under this Agreement, said sum being described in Service Provider’s Schedule of Fees, attached as Exhibit “B.” Any changes or modifications resulting in an increase to this fixed sum must be approved in writing by City’s Project Manager in advance, and may not surpass the not to exceed amount. City is to be given 60 days’ written notice of any rate increase request. (c) Payment. All payments shall be made within 30 days after receipt of written verification from Service Provider of the actual compensation earned, in a form satisfactory to City's Project Manager.

Item No.7I
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(d) Extra Services. Additional work not reasonably encompassed by the Scope of Services described in Section 2 may be agreed upon only by execution of a written Amendment to this Agreement. No liability or right to compensation for extra services shall exist without such Amendment. Unless otherwise stated in the Amendment, applicable rates for extra services shall be at the rates set forth in Exhibit “B”.

4. CITY PROJECT MANAGER AND SERVICES BY CITY
The services to be performed by Service Provider shall be accomplished under the general direction of, and in coordination with, City's "Project Manager", as that staff person is designated by City from time to time, and who presently is, Tim Mooney, Operations Supervisor.

5. TERMS OF PERFORMANCE
Non-Exclusivity. This Agreement is non-exclusive. City reserves the rights to retain, employ, or contract with other qualified services providers during the term of this Agreement on such occasions and in such circumstances as City shall determine are appropriate.

Ability to Perform. Service Provider warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws, ordinances, and regulations.

Laws to be Observed. Service Provider shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws as well as with Ventura County and City of Thousand Oaks ordinances, regulations and adopted codes during its performance of the work.

Payment of Taxes. The contract prices shall include provision for all taxes that Service Provider is required to pay. Service Provider is responsible for all taxes required to be paid under this Agreement.

Permits and Licenses. Service Provider shall procure all permits and licenses, pay all charges and fees, and give all necessary or legally required notices.

Prevailing Wage. Service Provider is obligated to pay prevailing wages under the California Labor Code. Service Provider agrees to indemnify, defend and hold City harmless from any claim that prevailing wages should have been paid, and shall be liable for the payment of the same and any penalties thereon. It is the responsibility of Service Provider to be familiar with the California Labor Code, and Item No.7I
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failure or neglect of Service Provider to understand the California Labor Code shall in no way relieve Service Provider from any obligations.

Department of Industrial Relations Requirements. The Work is subject to the payment of not less than prevailing wages under California Labor Code Section 1770 et seq. The work is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No contractor or subcontractor may be awarded a contract for public work on a public works project unless currently registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

Safety Provisions. Service Provider shall conform to the rules and regulations pertaining to safety established by Occupational Safety & Health Administration (OSHA) and the California Division of Industrial Safety.

Preservation of City Property. Service Provider shall provide and install suitable safeguards, approved by City, to protect City property from injury or damage. If City property is injured or damaged as a result of Service Provider's operations, it shall be replaced or restored within a reasonable time at Service Provider's expense. The facilities shall be replaced or restored to a condition as good as when Service Provider began work.

Subcontractors. Service Provider shall be solely responsible for ensuring that any subcontractors used in completing tasks under the Agreement comply with all pertinent laws and regulations as well as the relevant terms of this Agreement. City shall have no obligation to monitor or oversee subcontractors.

Immigration Act of 1986. Service Provider warrants on behalf of itself and all subcontractors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.

Service Provider Non-Discrimination. In the performance of this work, Service Provider agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons.

Work Delays. Should Service Provider be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at City's sole option, be extended for such periods as may be agreed upon by City and Service Provider.

Item No.7I
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Inspection. Service Provider shall furnish City with every reasonable opportunity for City to ascertain that the services of Service Provider are being performed in accordance with the requirements and intentions of this Agreement.

All work done and all materials furnished, if any, shall be subject to City's inspection and approval. The inspection of such work shall not relieve Service Provider of any of its obligations to fulfill its contract requirements.

Audit. Service Provider shall maintain, in accordance with generally accepted accounting principles, complete and accurate records of all activities and operations relating to this Agreement. Records, including but not limited to, timecards, employment records, work progress reports, reimbursements, invoices, project records, proprietary data and information, as well as licensed software and any electronic records shall be kept for a period of four years beyond the termination or expiration of this Agreement. Service Provider agrees that City, or its authorized representative, shall have the right to examine, audit, excerpt, copy or transcribe any of the records pertaining to this Agreement at any time during normal business hours. Service Provider shall reimburse City for all reasonable costs of the audit, including travel time and auditor costs, should such audit reveal an overcharge of five (5) percent or more. Any overcharge will be considered a breach of this Agreement and could be cause for termination. The obligations of this section shall be explicitly included in any subcontracts or other agreements entered into by Service Provider with respect to this Agreement, if allowed by this Agreement.

6. TERM, PROGRESS AND COMPLETION
This Agreement shall expire on June 30, 2026, unless Service Provider's authorized work assigned before the expiration of the term is not completed by that date. If work has not been completed during the allotted Agreement period, the terms and conditions of the Agreement, including all rights and obligations, shall remain in effect and bind the parties until the work is completed.

City shall have the authority to extend the term of the Agreement in writing no more than one (1) additional term, for a period of two (2) years. Extensions shall be memorialized by written amendment to the Agreement.

Service Provider shall not commence work on the services to be performed until (i) Service Provider furnishes proof of insurance as required by paragraph 9 below, and (ii) City gives written authorization to proceed with the work provided by City’s Project Manager.

7. NO ASSIGNMENT
This Agreement is not assignable by Service Provider without City's prior consent in writing.

Item No.7I
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8. HOLD HARMLESS AND INDEMNITY
(a) Hold Harmless for Service Provider's Damages. Service Provider holds City, its elected officials, officers, agents, employees and volunteers, harmless from all of Service Provider's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to Service Provider, to Service Provider's employees, to Service Provider’s contractors or subcontractors, or to the owners of Service Provider's firm, which damages, losses, injuries or liability occur during the work or services required under this Agreement, or performance of any activity or work required under this Agreement.
(b) Defense and Indemnity of Third-Party Claims/Liability. Service Provider shall indemnify, defend with legal counsel approved by City, and hold harmless City, its elected officials, officers, agents, employees and volunteers from and against all liability including, but not limited to, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Service Provider’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Service Provider, or should City otherwise find Service Provider’s legal counsel unacceptable, then Service Provider shall reimburse City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. Service Provider shall promptly pay City any final judgment rendered against City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of Service Provider’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination or expiration of this Agreement.

Service Provider’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Service Provider shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Service Provider will be for that entire portion or percentage of liability not attributable to the active negligence of City.

Item No.7I
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(c) Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by City, or the deposit with City, of any insurance certificates or policies described in Section 9.

9. MINIMUM SCOPE AND LIMIT OF INSURANCE
Without limiting Service Provider’s indemnification of City, and prior to commencement of Work, Service Provider shall obtain, provide, and maintain at its own expense during the term of this Agreement, and any extension thereof, policies of insurance of the type and amounts described below in a form that is satisfactory to City.

Coverage shall be at least as broad as:
(a) Commercial General Liability (CGL): Service Provider shall, at Service Provider’s sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry General Liability insurance coverage at least as broad as Insurance Services form CG 00 01 in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate for bodily injury, personal and advertising injury and property damage, including with limitation, blanket contractual liability.
(b) Automobile Liability: Service Provider shall, at Service Provider’s sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry Automobile Liability insurance coverage at least as broad as Insurance Services form CA 00 01 or the exact equivalent covering bodily injury and property damage for all activities of Service Provider arising out of or in connection with the work to be performed under this Agreement, including coverage of any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Worker’s Compensation: Service Provider shall, at Service Provider’s sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry workers’ compensation statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for bodily injury or disease. Service Provider shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers for all work performed by Service Provider, its employees, agents and subcontractors.

If Service Provider maintains higher limits than the minimum shown above, City requires and shall be entitled to coverage for the higher limits maintained by Service Provider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Item No.7I
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Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
City, its elected officials, officers, agents, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Service Provider including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to Service Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 10 01 and CG 20 37 10 01 if a later edition is used). The provision shall also apply to any excess liability policies. In addition, Service Provider shall ensure that the automobile liability policy contains a provision covering City as an additional insured, and shall obtain an endorsement to that effect if it does not.

Excess Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Umbrella or excess policies shall provide coverage at least as broad as specified for underlying coverages and covering those insured in the underlying policies. Coverage shall be “pay on behalf” with defense costs payable in addition to policy limits. There shall be no cross-liability exclusion of claims or suits by one insured against the other. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City as required in written contract or agreement before City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

City’s Rights of Enforcement
In the event any policy of insurance required under this Agreement does not comply with these specifications or is cancelled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Service Provider, or City will withhold amounts sufficient to pay premium from Service Provider’s payments. In the alternative, City may cancel this Agreement.

City’s Right to Revise Specifications
City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Service Provider ninety (90) Item No.7I
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days advance written notice of such change. If such change results in substantial additional cost to Service Provider, City and Service Provider may renegotiate Service Provider's compensation.

Primary and Non-Contributory Coverage
For any claims related to this Agreement, Service Provider's insurance coverage shall be primary insurance as respects City, its elected officials, officers, agents, employees and volunteers. Any insurance or self-insurance maintained by City, its elected officials, officers, agents, employees or volunteers shall be excess of Service Provider's insurance and shall not contribute with it and be at least as broad as CG 20 01 04 13.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to City.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. City may require Service Provider to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

Acceptability of Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with a current A.M. Best’s rating of no less than A:VII, (unless otherwise acceptable to City).

Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected officials, officers, agents, employees or volunteers or shall specifically allow Service Provider, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Service Provider hereby waives his own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. Copies of these waivers shall be submitted to City prior to commencement of work.

Claims Made Policies
If any of the required policies provided coverage on a claims-made basis:

Item No.7I
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(a) The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of contract work.
(b) Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the work required under this Agreement.
(c) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement effective date, Service Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.

Verification of Coverage
Service Provider shall provide City with copies of certificates (on City certificate form or an Accord form as modified per City direction) for all policies, with the appropriate named additional insured coverage and an endorsement that they are not subject to cancellation without 30 days prior written notice to City. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Service Provider's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors
Service Provider shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Service Provider shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

10. RELATION OF THE PARTIES
(a) Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.

Item No.7I
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(b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

11. TERMINATION BY CITY
City may terminate any portion, or all of the services agreed to be performed under this Agreement by notifying Service Provider in writing 30 calendar days prior to any termination. In the event of such termination, Service Provider shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termination shall be payable by City to Service Provider within 30 days following submission of a final statement by Service Provider.

12. CORRECTIONS
Service Provider shall correct, at its expense, all errors in the work which may be disclosed during City's review of Service Provider's work. Should Service Provider fail to make such correction in a reasonably timely manner, such correction shall be made by City, and the cost thereof shall be charged to Service Provider.

13. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by Service Provider of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Service Provider for anything done, furnished or relating to Service Provider's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within five (5) calendar days of the receipt of that check, whichever occurs first. However, any approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Service Provider, its employees, subcontractors, agents and consultants for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Service Provider, its employees, subcontractors, agents and consultants.

14. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, irrespective of the length of time Item No.7I
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for which such failure continues, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified.

15. CONFLICT OF INTEREST
Service Provider is unaware of any City employee or official that has a financial interest in Service Provider's business. During the term of this Agreement and/or as a result of being awarded this Agreement, Service Provider shall not offer, encourage or accept any financial interest in Service Provider's business by any City employee or official. If a portion of Service Provider's services called for under this Agreement shall ultimately be paid for by reimbursement from and through an agreement with a developer of any land within City or with a City franchisee, Service Provider warrants that it has not performed any work for such developer/franchisee within the last 12 months, and shall not negotiate, offer or accept any contract or request to perform services for that identified developer/franchisee during the term of this Agreement.

16. NON-APPROPRIATION OF FUNDS
Payments due and payable to Service Provider for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of City funds. In the event City has not appropriated sufficient funds for payment of Service Provider’s services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year.

17. GOVERNING LAW; CAPTIONS; ENTIRE AGREEMENT BETWEEN

PARTIES
This Agreement, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California.

The provisions of this Agreement shall be construed as a whole according to its common meaning of purpose of providing a public benefit and not strictly for or against any party. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutral genders or vice versa. The captions or headings in this Agreement are for convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the Agreement. This Agreement supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering or services and contains all of the covenants and agreements Item No.7I
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between the parties with respect to said services. Any modifications of this Agreement will be effective only if it is in writing and signed by the party to be charged.

18. MITIGATION OF DAMAGES
In all situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.

19. TAXPAYER IDENTIFICATION NUMBER
Service Provider shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W-9, as most recently issued by the Internal Revenue Service.

20. MODIFICATION/AMENDMENT OF AGREEMENT
Any amendment, modification, or variation of the terms or tasks of this Agreement shall be in writing and shall be effective only upon the mutual written approval of the City Manager, or his designee, and Service Provider.

21. AUTHORIZATION
Each party has expressly authorized the execution of this Agreement on its behalf and binds said party and its respective administrators, officers, directors, shareholders, divisions, subsidiaries, agents, employees, successors, assigns, principals, partners, joint venturers, insurance carriers and any others who may claim through it to this Agreement.

22. PARTIAL INVALIDITY
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

Item No.7I
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23. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:

TO CITY: Kim Sherman
Hill Canyon Treatment Plant
City of Thousand Oaks
Sr. Purchasing Specialist
9600 Santa Rosa Road
Camarillo, CA 93012
(805) 491-8116 | [email protected]
TO SERVICE PROVIDER: Robert Ford
Business Development Manager
Synagro-WWT, Inc.
2653 Santiago Road
Taft, CA 93268
(323) 843-7265 |
[email protected]

24. SIGNATURES
(a) Counterparts. This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument.
(b) Scanned Signatures. In the event that any signature is delivered by facsimile transmission or submitted electronically as a scanned image (i.e. files with .pdf, .tiff or .jpeg extensions), such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or scanned signature page were an original thereof.
(c) Digital/Electronic Signatures. This Agreement may be executed through the use of digital or electronic signatures provided they meet the requirements of the Electronic Signatures in Global and National Commerce (ESIGN) Act and the California Uniform Electronic Transactions Act (UETA) and Item No.7I
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are produced using a City-approved method. The presence of an electronic signature on this document shall be construed as the parties’ consent to do business electronically.

In concurrence and witness whereof, this Agreement has been executed by the parties effective on the date and year first written above.

SYNAGRO-WWT, INC.

Bob Preston, President & CEO Executive
Kaivan Desai, Chief Financial Officer

CITY OF THOUSAND OAKS
Kevin McNamee, Mayor
ATTEST:

Laura B. Maguire, City Clerk
APPROVED AS TO ADMINISTRATION:

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

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

Office of the City Attorney
Tracy Friedl, Assistant City Attorney
Item No.7I
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EXHIBIT A

SCOPE OF WORK
Service Provider shall haul biosolids from the Hill Canyon Treatment Plant (HCTP) facility directly to an off-site facility that will beneficially reuse the organic material toward the production of a value-added product or service and count as diversion credit under California Legislation SB 1383 as follows:

1. Service Provider shall haul biosolids from the HCTP facility and transport to the proposed locations for beneficial reuse in accordance with all federal, state, and local regulations:
a. SKIC (South Kern):
2653 Santiago Road, Taft, CA 93268
(228 roundtrip miles)
b. Liberty Composting:
12421 Holloway Road, Lost Hills, CA 93268
(336 roundtrip miles)

2. Any diversion credits must be applicable to the City and all credits and reporting of those credits must be provided to the City in a manner acceptable to the City.

3. City requires 100% of its biosolids to be hauled from the facility year-round, irrespective of the methods by which HCTP is de-watering and seasonally augmenting biosolids drying.

4. City reserves the right to air/solar dry or otherwise employ transformational or drying technologies that will reduce the tonnage of biosolids hauled off-site for disposal. No set tonnage of biosolids is guaranteed. Estimated ranges of tonnage requiring hauling are approximately 150 to 1,400 wet tons per month (these are estimated figures and actual values may vary).

5. Service Provider is required to use a beneficial reuse site that maintains all necessary environmental permits and remains in good standing with the Environmental Protection Agency, federal, state, and local agencies that regulate its activities.

6. Copies of all related operational permits provided by the owners of the beneficial reuse facilities shall be provided to City upon request.

LOADING AND HAULING:

1. Biosolids may be loaded and hauled away daily, including weekends and holidays between the hours of 6:30 a.m. and 10:00 p.m. City staff will coordinate in advance with Service Provider. Typically, the City may request Item No.7I
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between one to three loads to be hauled daily. Accommodations can be made to facilitate hauling outside of these daytime hours for exceptions such as emergencies or unforeseen circumstances in coordination with the City’s Project Manager.

2. During the wet season, a minimum of two (2) trailers shall remain on-site; and, during the dry season, a minimum of one (1) trailer shall remain on-site.

3. Service Provider shall transport empty trailers to the trailer drop-off staging location at the HCTP facility and will disconnect the empty trailers from Service Provider’s transport truck.

4. City staff will be responsible for using City transport equipment to connect to Service Provider’s trailer and will transport the trailer to the designated loading location. The loading locations may vary based on seasonal de-watering methods including, but not limited to, within the drying beds or under a biosolids conveyor and hopper.

5. Vehicles must maintain a height clearance of 11-feet for access to the conveyor and hopper.

6. All trailers loaded by HCTP staff will be weighed on a City-owned truck and tractor scale. Service Provider will provide blank weight tickets for HCTP staff to fill out. The target total loaded weight is 77,000-pounds, but shall not exceed 80,000-pounds. City staff will provide the filled-out weight ticket to Service Provider at the time of pick-up from the HCTP facility. Although calibrated regularly, the City-owned scale does not substitute for Department of Motor Vehicles (DMV) required transportation scales.

7. After weighing the City truck and the Service Provider’s loaded trailer, HCTP staff will transport the loaded trailer to the designated pick-up staging location, and will disconnect the City’s transport truck from the Service Provider’s loaded trailer.

8. Service Provider will connect to the loaded trailer at the pick-up staging location and transport the trailer and contents off-site to the destination location following all transportation regulations.

9. Service Provider will provide City with copies of weight tickets from the destination scales. Weight tickets must match invoice description.

10.Service Provider must have sufficient supply of trailers available for transport to meet City’s needs. Typically, this number varies from day-to-day. Service Provider’s supply of trailers should be sufficient to stage additional trailers at HCTP to meet the needs of the facility.

Item No.7I
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11.City shall be copied on annual operations reports sent by biosolids reuse site owner to regulatory agencies including, but not limited to, federal, state, and local agencies.

Item No.7I
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EXHIBIT B

SCHEDULE OF FEES
Biosolids Hauled Per Wet Ton / Per Year 14,000
Cost Per Wet Ton $64.53
Annual Hauling Cost $903,420.00
Additional fuel surcharge shall be applied to each invoice based on quantities of wet tons hauled using the following variable formula:

Distance Multiplier x (Energy Information Administration Fuel Cost Per Gallon – Base Fuel Price $3.75) x Tons of Biosolids Hauled.

Annual Estimated Fuel Surcharge $20,000.00
Total Annual Cost $923,420.00
Additional trailers may be rented on a monthly basis beyond daily hauling.

Trailer Rental Fee Per Month $1,500.00
Contingency shall not exceed 2-months over
contract term. $3,000.00
Total 3-Year Contract Not to Exceed $2,773,260.00
CPI Adjustment: Contract prices shall be adjusted annually beginning June 30, 2024, based on the Non-Seasonally Adjusted Consumer Price Index established by the United States Department of Commerce, Bureau of Labor Statistics, for Los Angeles-Long Beach-Anaheim, CA. Said adjustment shall apply to all fees contained herein, but such fees adjusted shall not exceed the annual contract cost.

Item No.7I
TO: Andrew P. Powers, City Manager
FROM: Clifford G. Finley, Public Works Director
DATE: June 20, 2023
SUBJECT: Supply and Delivery of Chemicals to Hill Canyon Treatment Plant
RECOMMENDATION:

1. Award General Service Agreement to Univar Solutions USA, Inc. (Kent, WA) for a two-year term in an amount not-to-exceed $333,012 for the supply and delivery of Ammonium Sulfate.

2. Award General Service Agreement to California Water Technologies, LLC (Detroit, MI) for a two-year term in an amount not-to-exceed $527,100 for the supply and delivery of Ferric Chloride.

3. Award General Service Agreement to Momar, Inc. (Atlanta, GA) for a two-year term in an amount not-to-exceed $325,611 for the supply and delivery of Glycerin.

4. Award General Service Agreement to JCI Jones Chemicals, Inc. (Torrance, CA) for a two-year term in an amount not-to-exceed $2,565,420 for the supply and delivery of Sodium Bisulfite and Sodium Hypochlorite.

5. Authorize expense in the amount of $1,800,410 for FY 2023-24 and $1,950,663 for FY 2024-25 from A/C #621-8250-685-3242 (Hill Canyon Treatment Plant/Wastewater Chemical Supplies).

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

FINANCIAL IMPACT:

No Additional Funding Requested. $1,800,410 is available in the Adopted FY 2023-24 budget and $1,950,663 in the Adopted FY 2024-25 Wastewater Fund Budget for the supply and delivery of chemicals to Hill Canyon Treatment Plant (HCTP).

BACKGROUND:

Item No.7J
Supply and Delivery of Chemicals to HCTP
June 20, 2023

Hill Canyon Treatment Plant (HCTP) treats wastewater from the City. Constructed in the 1960s with major improvements over the following decades, HCTP provides advanced tertiary level wastewater treatment. The facility treats an average of eight million gallons per day of wastewater generated from its domestic, commercial, and industrial customers and operates 24 hours per day/seven days per week.

Ammonium Sulfate, Ferric Chloride, Glycerin, Sodium Bisulfite, and Sodium Hypochlorite are essential chemicals used at HCTP for the stabilization and disinfection of wastewater, the reduction of hydrogen sulfide compounds, and other process related needs. HCTP discharges the tertiary-treated effluent to the North Fork of Arroyo Conejo Creek and must comply with a National Pollutant Discharge Elimination System (NPDES) permit issued by the California Regional Water Quality Control Board. These chemicals are necessary to meet all discharge requirements.

On April 14, 2023, a formal Notice Inviting Bids was publicly advertised in the Thousand Oaks Acorn newspaper and on the City’s e-procurement website in accordance with the Thousand Oaks Municipal Code Section 3-10.201c for the Supply and Delivery of Chemicals #2022/2023-21: Ammonium Sulfate, Ferric Chloride, Glycerin, Sodium Bisulfite, and Sodium Hypochlorite.

DISCUSSION/ANALYSIS:

On May 3, 2023, eleven bids were received and opened publicly. A summary of the bids are as follows:

AMMONIUM SULFATE (ESTIMATED 90,000 GALLONS ANNUALLY)
Supplier Unit Cost
First Year
Unit Cost
Second Year
Univar Solutions USA (Kent, WA) $1.67/gallon $1.78/gallon Brenntag Pacific (Santa Fe Springs, CA) $1.84/gallon $1.99/gallon Hill Brothers Chemical Company (Brea, CA) $2.15/gallon $2.37/gallon FERRIC CHLORIDE (ESTIMATED 90,000 GALLONS ANNUALLY)
Supplier Unit Cost
First Year
Unit Cost
Second Year
California Water Technologies (Detroit, MI) $2.72/gallon $2.74/gallon Pencco (San Felipe, TX) $2.91/gallon $2.97/gallon
Kemira Water Solutions (Lawrence, KS) $3.00/gallon $3.25/gallon GLYCERIN (ESTIMATED 60,000 GALLONS ANNUALLY)
Item No.7J
Supply and Delivery of Chemicals to HCTP
June 20, 2023

Supplier Unit Cost
First Year
Unit Cost
Second Year
Momar, Inc. (Atlanta, GA) $2.46/gallon $2.60/gallon
EOSi (Pocasset, MA) $2.50/gallon $2.62/gallon
TR International Trading Co. (Edmonds, WA) $4.39/gallon $4.39/gallon SODIUM BISULFITE (ESTIMATED 225,000 GALLONS ANNUALLY)
Supplier Unit Cost
First Year
Unit Cost
Second Year
JCI Jones Chemicals, Inc. (Torrance, CA) $1.66/gallon $1.86/gallon Univar Solutions USA (Kent, WA) $1.92/gallon $1.92/gallon SODIUM HYPOCHLORITE (ESTIMATED 350,000 GALLONS ANNUALLY) Supplier Unit Cost
First Year
Unit Cost
Second Year
JCI Jones Chemicals, Inc. (Torrance, CA) $2.06/gallon $2.26/gallon Pioneer Americas (Cleveland, CA) $2.45/gallon $2.55/gallon Univar Solutions USA provided the lowest bid for Ammonium Sulfate; California Water Technologies provided the lowest bid for Ferric Chloride; Momar, Inc. provided the lowest bid for Glycerin; and JCI Jones Chemicals, Inc. provided the lowest bid for both Sodium Bisulfite and Sodium Hypochlorite. Each supplier met the required specifications. It is recommended City Council award two-year agreements to each of the four low bid suppliers for the supply and delivery of chemicals to HCTP (Attachment Nos. 1–4).

Chemical costs have been on the rise over the past couple of years, with significant increases in the prices of various chemicals. Compared to previous contract rates, glycerin has increased by approximately 40 percent, ferric chloride by around 75 percent, and sodium bisulfite by 75 percent – 96 percent. The most notable increase has been observed in sodium hypochlorite, which has increased by 142 percent – 166 percent. However, Ammonium Sulfate has decreased by approximately 35 percent. These general increases in chemical costs are being witnessed across the industry, and the proposed contract rates are comparable to those of other agencies and districts in the state.

The increases in chemical rates can be attributed to several factors, including supply chain issues, higher raw material costs, increased energy costs for Item No.7J
Supply and Delivery of Chemicals to HCTP
June 20, 2023

chemical manufacturing, and increased transportation expenses. Despite the rise in prices, these chemicals are essential, and their continued supply is necessary for the wastewater treatment plant process.

This action is not a project as defined under the California Environmental Quality Act because this action will not result in a direct or foreseeable indirect physical change in the environment [14 CCR 15060(c)].

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

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

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

PREPARED BY: Kim Sherman, Sr. Purchasing Specialist
Attachments:

Attachment #1 – Univar Solutions USA Agreement
Attachment #2 – California Water Technologies Agreement Attachment #3 – Momar, Inc. Agreement
Attachment #4 – JCI Jones Chemicals, Inc. Agreement
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ATTACHMENT #1
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Project Name: Supply and Delivery of Ammonium Sulfate

AGREEMENT FOR GENERAL SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AND
UNIVAR SOLUTIONS USA, INC.

THIS AGREEMENT, made and entered into this 1st day of July 2023, by and between the CITY OF THOUSAND OAKS, a municipal corporation (hereinafter referred to as "City"), and UNIVAR SOLUTIONS USA, INC., (hereinafter referred to as "Supplier"). City and Supplier agree as follows:

1. RETENTION OF SUPPLIER
City hereby retains Supplier, and Supplier hereby accepts such engagement, to perform the services described in Section 2. Supplier warrants it has the qualifications, experience, and facilities to properly and timely perform said services.

2. DESCRIPTION OF SERVICES
The general services to be performed by Supplier are as follows, and are more particularly described in the Scope of Work, attached as Exhibit “A” and incorporated herein: supply and delivery of Ammonium Sulfate to the Hill Canyon Treatment Plant (HCTP).

3. COMPENSATION AND PAYMENT
(a) Maximum. The total compensation earned by or payable to Supplier, by City, for any and all services under this Agreement shall not exceed $333,012 (herein "not to exceed amount”).
(b) Rate. Supplier shall be paid on a per-order-bases, and with reimbursement for expenses, at the rates set forth in Supplier’s Schedule of Fees, attached as Exhibit “B”. Prices are guaranteed maximum rate until June 30, 2025. (c) Payment. All payments shall be made within 30 days after receipt of written verification from Supplier of the actual compensation earned, in a form satisfactory to City's Project Manager.

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(d) Extra Services. Additional work not reasonably encompassed by the Scope of Services described in Section 2 may be agreed upon only by execution of a written Amendment to this Agreement. No liability or right to compensation for extra services shall exist without such Amendment. Unless otherwise stated in the Amendment, applicable rates for extra services shall be at the rates set forth in Exhibit “B”.

4. CITY PROJECT MANAGER AND SERVICES BY CITY
The services to be performed by Supplier shall be accomplished under the general direction of, and in coordination with, City's "Project Manager", as that staff person is designated by City from time to time, and who presently is, Tim Mooney, Operations Supervisor.

5. TERMS OF PERFORMANCE
Non-Exclusivity. This Agreement is non-exclusive. City reserves the rights to retain, employ, or contract with other qualified services providers during the term of this Agreement on such occasions and in such circumstances as City shall determine are appropriate.

Ability to Perform. Supplier warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws, ordinances, and regulations.

Laws to be Observed. Supplier shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws as well as with Ventura County and City of Thousand Oaks ordinances, regulations and adopted codes during its performance of the work.

Payment of Taxes. The contract prices shall include provision for all taxes that Supplier is required to pay. Supplier is responsible for all taxes required to be paid under this Agreement.

Permits and Licenses. Supplier shall procure all permits and licenses, pay all charges and fees, and give all necessary or legally required notices.

Prevailing Wage. Supplier is obligated to pay prevailing wages under the California Labor Code. Supplier agrees to indemnify, defend and hold City harmless from any claim that prevailing wages should have been paid, and shall be liable for the payment of the same and any penalties thereon. It is the responsibility of Supplier to be familiar with the California Labor Code, and failure or neglect of Supplier to understand the California Labor Code shall in no way relieve Supplier from any obligations.

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Department of Industrial Relations Requirements. The Work is subject to the payment of not less than prevailing wages under California Labor Code Section 1770 et seq. The work is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No contractor or subcontractor may be awarded a contract for public work on a public works project unless currently registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

Safety Provisions. Supplier shall conform to the rules and regulations pertaining to safety established by Occupational Safety & Health Administration (OSHA) and the California Division of Industrial Safety.

Preservation of City Property. Supplier shall provide and install suitable safeguards, approved by City, to protect City property from injury or damage. If City property is injured or damaged as a result of Supplier's operations, it shall be replaced or restored within a reasonable time at Supplier's expense. The facilities shall be replaced or restored to a condition as good as when Supplier began work.

Subcontractors. Supplier shall be solely responsible for ensuring that any subcontractors used in completing tasks under the Agreement comply with all pertinent laws and regulations as well as the relevant terms of this Agreement. City shall have no obligation to monitor or oversee subcontractors.

Immigration Act of 1986. Supplier warrants on behalf of itself and all subcontractors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.

Supplier Non-Discrimination. In the performance of this work, Supplier agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons.

Work Delays. Should Supplier be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at City's sole option, be extended for such periods as may be agreed upon by City and Supplier.

Inspection. Supplier shall furnish City with every reasonable opportunity for City to ascertain that the services of Supplier are being performed in accordance with the requirements and intentions of this Agreement. All work done and all Item No.7J
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materials furnished, if any, shall be subject to City's inspection and approval. The inspection of such work shall not relieve Supplier of any of its obligations to fulfill its contract requirements.

Audit. Supplier shall maintain, in accordance with generally accepted accounting principles, complete and accurate records of all activities and operations relating to this Agreement. Records, including but not limited to, timecards, employment records, work progress reports, reimbursements, invoices, project records, proprietary data and information, as well as licensed software and any electronic records shall be kept for a period of four years beyond the termination or expiration of this Agreement. Supplier agrees that City, or its authorized representative, shall have the right to examine, audit, excerpt, copy or transcribe any of the records pertaining to this Agreement at any time during normal business hours. Supplier shall reimburse City for all reasonable costs of the audit, including travel time and auditor costs, should such audit reveal an overcharge of five (5) percent or more. Any overcharge will be considered a breach of this Agreement and could be cause for termination. The obligations of this section shall be explicitly included in any subcontracts or other agreements entered into by Supplier with respect to this Agreement, if allowed by this Agreement.

6. TERM, PROGRESS AND COMPLETION
This Agreement shall expire on June 30, 2025, unless Supplier's authorized work assigned before the expiration of the term is not completed by that date. If work has not been completed during the allotted Agreement period, the terms and conditions of the Agreement, including all rights and obligations, shall remain in effect and bind the parties until the work is completed.

Supplier shall not commence work on the services to be performed until (i) Supplier furnishes proof of insurance as required by paragraph 9 below, and (ii) City gives written authorization to proceed with the work provided by City’s Project Manager.

7. NO ASSIGNMENT
This Agreement is not assignable by Supplier without City's prior consent in writing.

8. HOLD HARMLESS AND INDEMNITY
(a) Hold Harmless for Supplier's Damages. Supplier holds City, its elected officials, officers, agents, employees and volunteers, harmless from all of Supplier's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to Supplier, to Supplier's employees, to Supplier’s contractors or Item No.7J
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subcontractors, or to the owners of Supplier's firm, which damages, losses, injuries or liability occur during the work or services required under this Agreement, or performance of any activity or work required under this Agreement. (b) Defense and Indemnity of Third-Party Claims/Liability. Supplier shall indemnify, defend with legal counsel approved by City, and hold harmless City, its elected officials, officers, agents, employees and volunteers from and against all liability including, but not limited to, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Supplier’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Supplier, or should City otherwise find Supplier’s legal counsel unacceptable, then Supplier shall reimburse City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. Supplier shall promptly pay City any final judgment rendered against City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of Supplier’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination or expiration of this Agreement.

Supplier’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Supplier shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Supplier will be for that entire portion or percentage of liability not attributable to the active negligence of City. (c) Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by City, or the deposit with City, of any insurance certificates or policies described in Section 9.

9. MINIMUM SCOPE AND LIMIT OF INSURANCE
Without limiting Supplier’s indemnification of City, and prior to commencement of Work, Supplier shall obtain, provide, and maintain at its own Item No.7J
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expense during the term of this Agreement, and any extension thereof, policies of insurance of the type and amounts described below in a form that is satisfactory to City.

Coverage shall be at least as broad as:
(a) Commercial General Liability (CGL): Supplier shall, at Supplier’s sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry General Liability insurance coverage at least as broad as Insurance Services form CG 00 01 in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate for bodily injury, personal and advertising injury and property damage, including with limitation, blanket contractual liability.
(b) Automobile Liability: Supplier shall, at Supplier’s sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry Automobile Liability insurance coverage at least as broad as Insurance Services form CA 00 01 or the exact equivalent covering bodily injury and property damage for all activities of Supplier arising out of or in connection with the work to be performed under this Agreement, including coverage of any owned, hired, nonowned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Worker’s Compensation: Supplier shall, at Supplier’s sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry workers’ compensation statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for bodily injury or disease.

Supplier shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers for all work performed by Supplier, its employees, agents and subcontractors.

If Supplier maintains higher limits than the minimum shown above, City requires and shall be entitled to coverage for the higher limits maintained by Supplier. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
City, its elected officials, officers, agents, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising Item No.7J
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out of work or operations performed by or on behalf of Supplier including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to Supplier’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 10 01 and CG 20 37 10 01 if a later edition is used). The provision shall also apply to any excess liability policies. In addition, Supplier shall ensure that the automobile liability policy contains a provision covering City as an additional insured, and shall obtain an endorsement to that effect if it does not.

Excess Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Umbrella or excess policies shall provide coverage at least as broad as specified for underlying coverages and covering those insured in the underlying policies. Coverage shall be “pay on behalf” with defense costs payable in addition to policy limits. There shall be no cross-liability exclusion of claims or suits by one insured against the other. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City as required in written contract or agreement before City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

City’s Rights of Enforcement
In the event any policy of insurance required under this Agreement does not comply with these specifications or is cancelled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Supplier, or City will withhold amounts sufficient to pay premium from Supplier’s payments. In the alternative, City may cancel this Agreement.

City’s Right to Revise Specifications
City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Supplier ninety (90) days advance written notice of such change. If such change results in substantial additional cost to Supplier, City and Supplier may renegotiate Supplier's compensation.

Primary and Non-Contributory Coverage
For any claims related to this Agreement, Supplier's insurance coverage shall be primary insurance as respects City, its elected officials, officers, agents, employees and volunteers. Any insurance or self-insurance maintained by City, its Item No.7J
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elected officials, officers, agents, employees or volunteers shall be excess of Supplier's insurance and shall not contribute with it and be at least as broad as CG 20 01 04 13.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to City.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. City may require Supplier to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

Acceptability of Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with a current A.M. Best’s rating of no less than A:VII, (unless otherwise acceptable to City).

Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected officials, officers, agents, employees or volunteers or shall specifically allow Supplier, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Supplier hereby waives his own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. Copies of these waivers shall be submitted to City prior to commencement of work.

Claims Made Policies
If any of the required policies provided coverage on a claims-made basis:
(a) The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of contract work.
(b) Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the work required under this Agreement.

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(c) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement effective date, Supplier must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.

Verification of Coverage
Supplier shall provide City with copies of certificates (on City certificate form or an Accord form as modified per City direction) for all policies, with the appropriate named additional insured coverage and an endorsement that they are not subject to cancellation without 30 days prior written notice to City. All certificates and endorsements are to be received and approved by City before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive Supplier's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors
Supplier shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Supplier shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

10. RELATION OF THE PARTIES
(a) Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. (b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

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11. TERMINATION BY CITY
City may terminate any portion, or all of the services agreed to be performed under this Agreement by notifying Supplier in writing 30 calendar days prior to any termination. In the event of such termination, Supplier shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termination shall be payable by City to Supplier within 30 days following submission of a final statement by Supplier.

12. CORRECTIONS
Supplier shall correct, at its expense, all errors in the work which may be disclosed during City's review of Supplier's work. Should Supplier fail to make such correction in a reasonably timely manner, such correction shall be made by City, and the cost thereof shall be charged to Supplier.

13. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by Supplier of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Supplier for anything done, furnished or relating to Supplier's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within five (5) calendar days of the receipt of that check, whichever occurs first. However, any approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Supplier, its employees, subcontractors, agents and consultants for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Supplier, its employees, subcontractors, agents and consultants.

14. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified.

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15. CONFLICT OF INTEREST
Supplier is unaware of any City employee or official that has a financial interest in Supplier's business. During the term of this Agreement and/or as a result of being awarded this Agreement, Supplier shall not offer, encourage or accept any financial interest in Supplier's business by any City employee or official. If a portion of Supplier's services called for under this Agreement shall ultimately be paid for by reimbursement from and through an agreement with a developer of any land within City or with a City franchisee, Supplier warrants that it has not performed any work for such developer/franchisee within the last 12 months, and shall not negotiate, offer or accept any contract or request to perform services for that identified developer/franchisee during the term of this Agreement.

16. NON-APPROPRIATION OF FUNDS
Payments due and payable to Supplier for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of City funds. In the event City has not appropriated sufficient funds for payment of Supplier’s services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year.

17. GOVERNING LAW; CAPTIONS; ENTIRE AGREEMENT BETWEEN

PARTIES
This Agreement, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California.

The provisions of this Agreement shall be construed as a whole according to its common meaning of purpose of providing a public benefit and not strictly for or against any party. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutral genders or vice versa. The captions or headings in this Agreement are for convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the Agreement. This Agreement supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering or services and contains all of the covenants and agreements between the parties with respect to said services. Any modifications of this Agreement will be effective only if it is in writing and signed by the party to be charged.

18. MITIGATION OF DAMAGES
In all situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.

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19. TAXPAYER IDENTIFICATION NUMBER
Supplier shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W-9, as most recently issued by the Internal Revenue Service.

20. MODIFICATION/AMENDMENT OF AGREEMENT
Any amendment, modification, or variation of the terms or tasks of this Agreement shall be in writing and shall be effective only upon the mutual written approval of the City Manager, or his designee, and Supplier.

21. AUTHORIZATION
Each party has expressly authorized the execution of this Agreement on its behalf and binds said party and its respective administrators, officers, directors, shareholders, divisions, subsidiaries, agents, employees, successors, assigns, principals, partners, joint venturers, insurance carriers and any others who may claim through it to this Agreement.

22. PARTIAL INVALIDITY
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

23. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:

TO CITY: Kim Sherman, Sr Purchasing Specialist
Hill Canyon Treatment Plant
City of Thousand Oaks
9600 Santa Rosa Road
Camarillo, CA 93012
(805) 491-8116 | [email protected]
TO SUPPLIER: Jennifer Perras
Univar Solutions USA, Inc.
8201 S 212th Street
Kent, WA 98032
(253)872-5040
[email protected]
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24. SIGNATURES
(a) Counterparts. This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument.
(b) Scanned Signatures. In the event that any signature is delivered by facsimile transmission or submitted electronically as a scanned image (i.e. files with .pdf, .tiff or .jpeg extensions), such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or scanned signature page were an original thereof.
(c) Digital/Electronic Signatures. This Agreement may be executed through the use of digital or electronic signatures provided they meet the requirements of the Electronic Signatures in Global and National Commerce (ESIGN) Act and the California Uniform Electronic Transactions Act (UETA) and are produced using a City-approved method. The presence of an electronic signature on this document shall be construed as the parties’ consent to do business electronically.

In concurrence and witness whereof, this Agreement has been executed by the parties effective on the date and year first written above.

UNIVAR SOLUTIONS USA, INC.

Joe Stanaway, Regional Vice President
Shawnasey McCarthy
Municipal Commercial Manager

CITY OF THOUSAND OAKS
Kevin McNamee, Mayor
ATTEST:

Laura B. Maguire, City Clerk
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APPROVED AS TO ADMINISTRATION
Andrew P. Powers, City Manager

APPROVED BY DEPARTMENT HEAD
Clifford G. Finley, Public Works Director

APPROVED AS TO FORM
Tracy Friedl, Assistant City Attorney
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EXHIBIT A

SCOPE OF WORK
Supplier shall deliver the following chemical to Hill Canyon Treatment Plant (HCTP) as follows:

AMMONIUM SULFATE
Solution shall be:
• 40 percent Ammonium Sulfate and 60% water, suitable for water treatment
• Specific Gravity: 1.23
• pH of 2.7 +or- 0.3

GENERAL REQUIREMENTS
A. Delivery: Delivery of chemicals will be consistent with these specifications and all State, Federal, and Occupational Safety and Health Act (OSHA) safety regulations.

1. Timing: Product will be delivered within 48-hours upon City’s notification to FOB Destination Prepaid. Deliveries will be made up to seven (7) days per week between 7:00 a.m. to 7:00 p.m. City will endeavor to provide Supplier with as much advanced notice as possible for scheduled deliveries.

2. Delivery Vehicle: Vehicle shall be in good condition and operated by Supplier. Truck tractors and tank trailers shall be pneumatic-tired; conform to all applicable State and Federal regulations; and be fully equipped and maintained to safely transport and deliver specified chemical product. Tank trailers shall be specially designed to prevent leakage and resist rupture in the event of a collision and carry all equipment necessary to respond to an accidental chemical release.

3. Delivery Driver: Driver shall be licensed with applicable endorsement(s) issued by the Department of Motor Vehicles and be trained and experienced in handling specified chemical product and be specifically trained to stop chemical flow in the event of an emergency. Supplier shall provide City with evidence of such training and experience within 24- hours upon request. Drivers of all deliveries shall be thoroughly trained and familiar with the related hazards, safety measures, and spill cleanup procedures required for the type of chemical being delivered. Spills and/or leaks at time of delivery, regardless of size, shall be properly and Item No.7J
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immediately cleaned up by the driver or other personnel of the supplier in accordance with State, Federal, and OSHA regulations. Driver will be responsible for providing equipment to chock tires while unloading product.

4. Posted Speed Limits: Driver shall observe all posted speed limit signs while driving on City property including, but not limited to, the access road leading into the treatment plant. Supplier shall be completely liable for any damage to property of personnel as a result of driver's negligence.

5. Delivery Equipment: Equipment shall include an appropriate compression unit and piping to permit safe transfer of the specified chemical product to stationary bulk containers. Hose(s), fittings, and appurtenant equipment shall be provided by Supplier and be free of leaks.

6. Unloading: Shall be done in a safe manner by Supplier in the presence of a Plant Operator. Appropriate protective clothing shall be worn, and industry safety practices and procedures shall be followed explicitly.

7. Pay Quantity of Delivered Product: Chemicals are purchased by the gallon and delivered to the treatment plant in bulk. Exact quantities may vary from the estimates provided and may be increased or decreased to meet the City's requirements. No minimum is guaranteed.

8. Delivery Weight/Volume: Bulk deliveries shall be determined by weighing the tank trailer before and after filling at Supplier's plant on a certified truck scale. Copies of weighmaster's certificates shall be provided with delivery. Each invoice shall include a reference number for each bulk delivery with that delivery's gallons.

9. Other: City may require Supplier to furnish an affidavit stating product complies fully to Bid Specification 2022/2023-21, a certified analysis of the product delivered, and/or the preventative maintenance schedule of delivery truck's unloading compressor.

B. Quantity: Exact quantity of bulk deliveries may vary from the estimates given and may be increased or decreased to meet the City's requirements. No minimum is guaranteed, and no price adjustments will be allowed because of a change in the quantity purchased.

Estimated annual consumption is:
90,000-Gallons bulk Ammonium Sulfate 40 percent solution Item No.7J
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C. Receipt/Invoice: Supplier shall provide at the time of delivery, a dated receipt, signed by the driver, identifying product and quantity. Delivery (shipping) tickets must be signed by on-site City personnel at the time of delivery and a copy of the delivery ticket presented to him/her/them. Supplier shall provide a separate invoice for each delivery during the contract term.

D. Quality Assurance: Supplier shall bring apparent errors or omissions to City's attention. If it is demonstrated during the contract term that the product does not meet required specifications, or if foreign bodies are found to be present in the product at time of delivery, the product shall be removed from City premises at Supplier's expense and the contract may be terminated upon written notification from City to Supplier. A quality assurance analysis may be conducted by City, without prior notice, to verify the quality of the product for any given delivery. Any product not meeting State, Federal, and/or AWWA standards, or the specifications outlined in this bid/contract, will be removed from City premises by Supplier at no cost to City. A certificate of analysis shall be provided for each load of product delivered. Any deliveries not meeting chemical quality, regulatory, safety or delivery requirements, will be returned to Supplier at no cost to City and must be re-delivered by Supplier within 48- hours of the unaccepted delivery.

E. Price Guarantee: If, during the contract term, Supplier’s contract with any political subdivision within the County of Ventura delivery area is found to provide firm/fixed prices lower than those provided herein, such lower prices are to be extended to City. Price shall remain firm and fixed for the duration of the contract term. Price shall include transfer and delivery of product to City’s premises. Any costs invoices that were not part of the Bid Schedule are the responsibility of Supplier and will not be paid for by City.

F. Safety and Training: Supplier shall conform to the rules and regulations pertaining to safety established by the California Division of Industrial Safety.

Furnished equipment, materials, and services shall comply with all OSHA standards and regulations, and all applicable governmental laws and orders.

Supplier shall provide proof of compliance, if requested by City. Within 10- working days upon written Notice to Proceed, Supplier shall provide safety training to City personnel to include proper personal protective equipment, explanation of dangers of product, including other related safety precautions.

Supplier shall provide City with current Safety Data Sheets (SDS) for all product delivered.

CITY FACILITY INFORMATION
Delivery Location:

Hill Canyon Treatment Plant, 9600 Santa Rosa Road, Camarillo, CA 93012 Item No.7J
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Facility is located approximately 2-miles south of Santa Rosa Road at Hill Canyon Road intersection.

Tank Capacity:

Ammonium Sulfate - Total Capacity is 6,000-Gallons and Maximum Delivery is 5,000-Gallons.

Item No.7J
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EXHIBIT B

SCHEDULE OF FEES
Ammonium Sulfate Quantity UOM Unit Cost Total
1 st Year Firm Pricing
(July 1, 2023 – June 30, 2024) 90,000 Gallons $1.67/Gallon $150,300.00 2 nd Year Firm Pricing
(July 1, 2024 – June 30, 2025) 90,000 Gallons $1.78/Gallon $160,200.00 Tax $ 22,511.25
Total Not to Exceed $333,012.00
Item No.7J
ATTACHMENT #2
DPW:290-10\ks\ev\Council\2023\062023\Supply and Delivery of Chemicals to HCTP Att 2.docx

Project Name: Supply and Delivery of
Ferric Chloride

AGREEMENT FOR GENERAL SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AND

CALIFORNIA WATER TECHNOLOGIES, LLC
THIS AGREEMENT, made and entered into this 1st day of July 2023, by and between the CITY OF THOUSAND OAKS, a municipal corporation (hereinafter referred to as "City"), and CALIFORNIA WATER TECHNOLOGIES, LLC, (hereinafter referred to as "Supplier"). City and Supplier agree as follows:

1. RETENTION OF SUPPLIER
City hereby retains Supplier, and Supplier hereby accepts such engagement, to perform the services described in Section 2. Supplier warrants it has the qualifications, experience, and facilities to properly and timely perform said services.

2. DESCRIPTION OF SERVICES
The general services to be performed by Supplier are as follows, and are more particularly described in the Scope of Work, attached as Exhibit “A” and incorporated herein: supply and delivery of Ferric Chloride to the Hill Canyon Treatment Plant (HCTP).

3. COMPENSATION AND PAYMENT
(a) Maximum. The total compensation earned by or payable to Supplier, by City, for any and all services under this Agreement shall not exceed $527,100 (herein "not to exceed amount”).
(b) Rate. Supplier shall be paid on a per-order-bases, and with reimbursement for expenses, at the rates set forth in Supplier’s Schedule of Fees, attached as Exhibit “B”. Prices are guaranteed maximum rate until June 30, 2025. (c) Payment. All payments shall be made within 30 days after receipt of written verification from Supplier of the actual compensation earned, in a form satisfactory to City's Project Manager.

Item No.7J
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(d) Extra Services. Additional work not reasonably encompassed by the Scope of Services described in Section 2 may be agreed upon only by execution of a written Amendment to this Agreement. No liability or right to compensation for extra services shall exist without such Amendment. Unless otherwise stated in the Amendment, applicable rates for extra services shall be at the rates set forth in Exhibit “B”.

4. CITY PROJECT MANAGER AND SERVICES BY CITY
The services to be performed by Supplier shall be accomplished under the general direction of, and in coordination with, City's "Project Manager", as that staff person is designated by City from time to time, and who presently is, Tim Mooney, Operations Supervisor.

5. TERMS OF PERFORMANCE
Non-Exclusivity. This Agreement is non-exclusive. City reserves the rights to retain, employ, or contract with other qualified services providers during the term of this Agreement on such occasions and in such circumstances as City shall determine are appropriate.

Ability to Perform. Supplier warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws, ordinances, and regulations.

Laws to be Observed. Supplier shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws as well as with Ventura County and City of Thousand Oaks ordinances, regulations and adopted codes during its performance of the work.

Payment of Taxes. The contract prices shall include provision for all taxes that Supplier is required to pay. Supplier is responsible for all taxes required to be paid under this Agreement.

Permits and Licenses. Supplier shall procure all permits and licenses, pay all charges and fees, and give all necessary or legally required notices.

Prevailing Wage. Supplier is obligated to pay prevailing wages under the California Labor Code. Supplier agrees to indemnify, defend and hold City harmless from any claim that prevailing wages should have been paid, and shall be liable for the payment of the same and any penalties thereon. It is the responsibility of Supplier to be familiar with the California Labor Code, and failure or neglect of Supplier to understand the California Labor Code shall in no way relieve Supplier from any obligations.

Item No.7J
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Department of Industrial Relations Requirements. The Work is subject to the payment of not less than prevailing wages under California Labor Code Section 1770 et seq. The work is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No contractor or subcontractor may be awarded a contract for public work on a public works project unless currently registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

Safety Provisions. Supplier shall conform to the rules and regulations pertaining to safety established by Occupational Safety & Health Administration (OSHA) and the California Division of Industrial Safety.

Preservation of City Property. Supplier shall provide and install suitable safeguards, approved by City, to protect City property from injury or damage. If City property is injured or damaged as a result of Supplier's operations, it shall be replaced or restored within a reasonable time at Supplier's expense. The facilities shall be replaced or restored to a condition as good as when Supplier began work.

Subcontractors. Supplier shall be solely responsible for ensuring that any subcontractors used in completing tasks under the Agreement comply with all pertinent laws and regulations as well as the relevant terms of this Agreement. City shall have no obligation to monitor or oversee subcontractors.

Immigration Act of 1986. Supplier warrants on behalf of itself and all subcontractors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.

Supplier Non-Discrimination. In the performance of this work, Supplier agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons.

Work Delays. Should Supplier be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at City's sole option, be extended for such periods as may be agreed upon by City and Supplier.

Inspection. Supplier shall furnish City with every reasonable opportunity for City to ascertain that the services of Supplier are being performed in accordance with the requirements and intentions of this Agreement. All work done and all Item No.7J
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