Agenda packet — Thousand Oaks City Council, July 11, 2023 (part 1 of 9)

MISSION STATEMENT:

Extraordinary Service to the Citizens We Serve is Our Purpose City Council/Public Financing Authority (TOPFA)

REGULAR MEETING
Tuesday, July 11, 2023
Andrew P. Fox City Council Chambers
Closed Session: 5:00 PM
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.

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

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: Closed Session - 5:00 p.m.

2. ROLL CALL:

3. CLOSED SESSION:

A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION – Title: City Attorney; Pursuant to Government Code Section 54957 (b)(1)
B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION – Title: City Manager; Pursuant to Government Code Section 54957 (b)(1)
C. CONFERENCE WITH LABOR NEGOTIATORS – City designated representatives:

Mayor Kevin McNamee and Human Resources Director Tim Giles; unrepresented employee: City Attorney; Pursuant to Government code Section 54957.6 D. CONFERENCE WITH LABOR NEGOTIATORS – City designated representatives:

Mayor Kevin McNamee and Human Resources Director Tim Giles; unrepresented employee: City Manager; Pursuant to Government Code Section 54957.6

4. CLOSED SESSION REPORT:

5. PLEDGE OF ALLEGIANCE:

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

7. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS: None

8. 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)

9. CONSENT CALENDAR:

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

Ratify June 21, 2023, June 28, 2023, and July 5, 2023; approve July 12, 2023, subject to review and ratification
B. Minutes of City Council meeting of June 20, 2023
RECOMMENDATION:

Approve
C. Thousand Oaks Public Financing Authority Annual Update RECOMMENDATION:

1. Receive and file annual update.

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

D. CI 5527 Conejo Canyons Bridge Standby Letter of Credit RECOMMENDATION:

1. Authorize Finance Director to apply for Irrevocable Standby Letter of Credit (Letter of Credit) as required by California Department of Fish and Wildlife (CDFW) for performance security in an amount not to exceed $250,000.

2. Delegate authority to the Finance Director to complete Wells Fargo Bank Letter of Credit application and administer Letter of Credit, including renewals and periodic reductions, until canceled by CDFW.

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

E. California Automated Permit Processing Program Grant RECOMMENDATION:

1. Accept California Automated Permit Processing (CalAPP) Program Grant in a notto-exceed amount of $80,000 for implementation and compliance with Senate Bill (SB) 379 (Wiener, 2022).

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

F. Interceptor Capital Improvement Program Unit W (CI 5445) RECOMMENDATION:

1. Approve Sixth Amendment to Professional Services Agreement Contract No. 12186-2019 with AECOM Technical Services, Inc. of Los Angeles, CA, for Condition Assessment and Preliminary Design Phase Services on the Unit W Capital Improvement Program Project in the amount of $31,000, for a revised not-to-exceed amount of $297,749.

2. Authorize expenditure in the amount of $31,000 from A/C #624-8250-682-8300 (CI 5445, Wastewater Interceptor Capital Improvement Project Unit W).

3. California Environmental Quality Act: A Mitigated Negative Declaration was approved for this project by City Council on February 22, 2022.

G. Grant R. Brimhall Library Aquarium Maintenance
RECOMMENDATION:

1. Approve a three-year agreement with Aquatic Contractors (Thousand Oaks, CA) for 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 $138,300.

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.

H. Conejo Canyons Bridge at Hill Canyon Treatment Plant (CI 5527) RECOMMENDATION:

1. Approve Sixth Amendment to Professional Services Agreement No. 11855-2018 with Stantec Consulting Services, Inc., Santa Barbara, CA, in the amount of $37,853 for additional design and engineering services related to Conejo Canyons Bridge at Hill Canyon Treatment Plant (CI 5527) for a new not-to-exceed total amount of $396,460 and extending the term of the Agreement to June 30, 2024.

2. Approve expenditure in the amount of $37,853 from A/C #001-4410-671-8300 (CI 5527, Conejo Canyons Bridge at HCTP).

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

I. Bus and Car Wash Project (CI 5468)
RECOMMENDATION:

1. Approve Professional Services Agreement with Stantec Consulting Services, Inc., (Los Angeles, CA) in a not-to-exceed amount of $406,949 for engineering and design of the Bus and Car Wash Project (CI 5468), plus extra services of $40,000, with a term ending June 30, 2024.

2. Authorize expenditure in the amount of $451,949 ($406,949 Agreement, plus extra services of $40,000, and $5,000 City Furnished Materials and Supplies) from A/C #651-5550-682-8300 (CI 5468, Bus and Car Wash).

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

J. La Granada Reservoir Improvements (CI 5292)
RECOMMENDATION:

1. Authorize staff to reauthorize the La Granada Reservoir Improvements Project (CI 5292) for construction bids.

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

10. PUBLIC HEARINGS:

A. Transition to District Elections Hearing #4 - District Boundary Maps and Sequencing of Elections
ORDINANCE AMENDING TITLE 1, “GENERAL PROVISIONS,” BY ADDING CHAPTER 16, “DISTRICT-BASED ELECTIONS,” OF THOUSAND OAKS

MUNICIPAL CODE TO ESTABLISH DISTRICT-BASED ELECTORAL SYSTEM,

ADOPT MAP DESCRIBING BOUNDARIES OF EACH DISTRICT, AND IDENTIFY DISTRICTS TO HOLD DISTRICT-BASED ELECTION IN 2024 AND 2026 TO IMPLEMENT DISTRICT-BASED ELECTIONS (ELECTIONS CODE § 10010) RECOMMENDATION:

1. Receive report from National Demographics Corporation (NDC) on focus and 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. Designate a preferred map and sequence of elections for inclusion in the ordinance.

4. Read ordinance in title only, waive further reading, and if no objection, introduce ordinance to designate the district map and sequence of elections to transition from an at-large election system to a district-based election system.

5. 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 (Continued from June 20, 2023)

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.

11. STUDY SESSIONS:

A. Overview of Draft General Plan 2045 (2019-70760 GPA) RECOMMENDATION:

1. Receive presentation on the Draft General Plan 2045.

2. Find that the presentation does not constitute a project pursuant to the California Environmental Quality Act (CEQA). The adoption of a General Plan is considered a project under CEQA and an Environmental Impact Report (EIR) will be released for this project prior to adoption. No action is being taken at this time.

12. DEPARTMENT REPORTS: None

13. COMMITTEE/COMMISSION/BOARD REPORTS: None

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

15. COUNCIL ISSUES/RECOMMENDATIONS:

16. CITY MANAGER:

A. Announcements and upcoming issues

17. PUBLIC NOTICES: None

18. ADJOURNMENT: Adjourn to Regular Meeting July 18, 2023 Agenda Post Date/Time: Jul 6, 2023, 5:00P.M.

CCD:610-40\h:\common\agenda\2023\07-11-23.docx

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California June 20, 2023

1. CALL TO ORDER: Mayor Kevin McNamee called the meeting to order at 6:00 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, Community Development Director Kelvin Parker, Public Works Director Cliff Finley, Cultural Affairs Director Jonathan Serret, Human Resources Director Tim Giles, Library Services Director Jennifer Patterson, Police Chief Jeremy Paris, Fire Chief Jeff Shea, Assistant City Attorney David Womack, Assistant City Attorney Patrick Hehir, Deputy Community Development Director Fabiola Zelaya Melicher, Planning Division Manager Stephen Kearns, Associate Planner Justine Kendall, Community Services Analyst Sarah Mailes, Economic Development Analyst Dusty Russell, Assistant to the City Manager Melissa Hurtado, Deputy City Clerk Sandra Delgado, Information Technology Supervisor Atanas Beltchev, Cable Operations Supervisor Carl Jarecky, Senior Video Production Specialist Richard Swingler, Senior Video Production Specialist Ryan Palmer, and Senior Recording Secretary Dominga Zambrano.

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

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

Mayor McNamee announced Item 7S – Grant R. Brimhall Library Aquarium Maintenance – is pulled from the agenda and continued to July 11, 2023, and Items 11A – Council on Aging Annual Report and 11B – Youth Commission Annual Report – will be moved up to be heard following the Consent Calendar.

5. SPECIAL PRESENTATIONS AND ANNOUNCEMENTS:

A. Business Recognition Program
Mayor McNamee introduced Economic Development Analyst Russell to announce Business Recognition Program award recipient Wildflower Cases.

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

Mayor McNamee introduced Conejo Recreation and Park District Board of Director Chuck Huffer and Recreation Services Manager Tim Duerr to give an annual update and recognize July as National Park and Recreation Month.

Item No.9B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 2 June 20, 2023

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)
Additional information supplemental packet.

Speakers: Darren Jeffery, Deputy Library Services Director; Mike Houser, Transit Program Manager; Karen Wilburn, Newbury Park; Cristy Warner, Thousand Oaks (submitted document); Norbie Gregory, Thousand Oaks; George Senko, Thousand Oaks; George Rosenthal, Newbury Park; Kevin Snyder, Newbury Park; Carol Partington, Newbury Park; Bryan Scott, Thousand Oaks; Patricia Hostmyer, Thousand Oaks; Sandy G., Thousand Oaks; Danielle Borja, Greater Conejo Valley Chamber of Commerce CEO.

Written Statements: None.

City Manager Powers addressed public comments.

7. CONSENT CALENDAR
Additional information supplemental packet pertaining to Item Nos. 7E, 7Y, and 7W.

Speakers: Wes Myers, Unincorporated Thousand Oaks.

Written Statements: Lynn Porter Burdick, Thousand Oaks.

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
Motion by Councilmember Engler 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 meeting of June 6, 2023
RECOMMENDATION:

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

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
Item No.9B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 3 June 20, 2023

10. CONSENT CALENDAR: (Continued)
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.

Motion by Councilmember Engler to approve staff’s recommendation.

Passed 5-0 by the following vote:

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

Motion by Councilmember Engler to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
Item No.9B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 4 June 20, 2023

10. CONSENT CALENDAR: (Continued)
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).

Motion by Councilmember Engler to approve staff’s recommendation.

Passed 5-0 by the following vote:

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

Motion by Councilmember Engler to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
Item No.9B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 5 June 20, 2023

10. CONSENT CALENDAR: (Continued)
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)
Motion by Councilmember Engler to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
H. 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).

Motion by Councilmember Engler to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
Item No.9B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 6 June 20, 2023

10. CONSENT CALENDAR: (Continued)
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.

Motion by Councilmember Engler to approve staff’s recommendation.

Passed 5-0 by the following vote:

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

Motion by Councilmember Engler to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
Item No.9B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 7 June 20, 2023

10. CONSENT CALENDAR: (Continued)
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 notto-exceed 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).

Motion by Councilmember Engler to approve staff’s recommendation.

Passed 5-0 by the following vote:

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

Motion by Councilmember Engler to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
Item No.9B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 8 June 20, 2023

10. CONSENT CALENDAR: (Continued)
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.

Motion by Councilmember Engler to approve staff’s recommendation.

Passed 5-0 by the following vote:

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

Motion by Councilmember Engler to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
Item No.9B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 9 June 20, 2023

10. CONSENT CALENDAR: (Continued)
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
RES. NO. 2023-032
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.

Motion by Councilmember Engler to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
Item No.9B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 10 June 20, 2023

10. CONSENT CALENDAR: (Continued)
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.

Motion by Councilmember Engler to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
Item No.9B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 11 June 20, 2023

10. CONSENT CALENDAR: (Continued)
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).

Motion by Councilmember Engler to approve staff’s recommendation.

Passed 5-0 by the following vote:

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

Motion by Councilmember Engler to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
Item No.9B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 12 June 20, 2023

10. CONSENT CALENDAR: (Continued)
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 notto-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.

Item pulled from agenda earlier in the meeting.

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.

Motion by Councilmember Engler to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
Item No.9B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 13 June 20, 2023

10. CONSENT CALENDAR: (Continued)
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 (No. 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).

Motion by Councilmember Engler to approve staff’s recommendation.

Passed 5-0 by the following vote:

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

Motion by Councilmember Engler to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
Item No.9B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 14 June 20, 2023

10. CONSENT CALENDAR: (Continued)
W. Annual Gann Appropriations Limit

RESOLUTION ESTABLISHING APPROPRIATIONS LIMIT FOR FISCAL YEAR 2023-2024
RES. NO. 2023-033
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).

Motion by Councilmember Engler to approve staff’s recommendation.

Passed 5-0 by the following vote:

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

Motion by Councilmember Engler to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
Item No.9B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 15 June 20, 2023

10. CONSENT CALENDAR: (Continued)
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
RES. NO. 2023-034

RESOLUTION ESTABLISHING NEW SALARY SCHEDULE FOR THOUSAND

OAKS CITY EMPLOYEE ASSOCIATION (TOCEA) AND RESCINDING
RESOLUTION NO. 2022-033
RES. NO. 2023-035

RESOLUTION ADOPTING MEMORANDUM OF UNDERSTANDING WITH

THOUSAND OAKS MANAGEMENT ASSOCIATION (TOMA) AND RESCINDING RESOLUTION NO. 2021-028
RES. NO. 2023-036

RESOLUTION ESTABLISHING NEW SALARY SCHEDULE FOR

PROFESSIONAL EMPLOYEES (THOUSAND OAKS MANAGEMENT
ASSOCIATION - TOMA) AND RESCINDING RESOLUTION NO. 2022-034 RES. NO. 2023-037

RESOLUTION ADOPTING MEMORANDUM OF UNDERSTANDING WITH

SENIOR MANAGEMENT ASSOCIATION (SMA) AND RESCINDING
RESOLUTION NO. 2021-030
RES. NO. 2023-038

RESOLUTION ESTABLISHING NEW SALARY SCHEDULE FOR SENIOR

MANAGEMENT, CONFIDENTIAL, AND SUPERVISORY EMPLOYEES (SENIOR MANAGEMENT ASSOCIATION – SMA) AND RESCINDING RESOLUTION NO. 2022-035
RES. NO. 2023-039

RESOLUTION ESTABLISHING NEW SALARY SCHEDULE FOR HOURLY
EMPLOYEES AND RESCINDING RESOLUTION NO. 2022-036
RES. NO. 2023-040
Item No.9B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 16 June 20, 2023

10. CONSENT CALENDAR: (Continued)
Y. Memoranda of Understanding with Represented Bargaining Units and Salary Schedules and Hourly Employees Salary Schedule (Continued) 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.

Motion by Councilmember Engler to approve staff’s recommendation.

Passed 5-0 by the following vote:

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

Item No.9B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 17 June 20, 2023

10. CONSENT CALENDAR: (Continued)

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
RES. NO. 2023-041
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).

Motion by Councilmember Engler to approve staff’s recommendation.

Passed 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
*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).

Presented by Council on Aging Chair Patricia Lownes and Vice Chair Karen Sylvester. Community Services Analyst Mailes available for questions.

Speaker/Written Statement: None.

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.9B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 18 June 20, 2023
*11. COMMITTEE/COMISSION/BOARD REPORTS: (Continued)
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).

Presented by Youth Commission Chair Lindsay Freedman and Commissioner Benjamin Glaubke. Community Services Analyst Mailes available for questions.

Speaker/Written Statement: None.

Motion by Councilmember Engler to approve staff’s recommendation.

Passed 5-0 by the following vote:

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

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.

Item No.9B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 19 June 20, 2023

8. PUBLIC HEARINGS: (Continued)
A. Transition to District Elections Hearing #3 - District Boundary Maps and Sequencing of Elections (Continued)
Hearing, advertised as required by law, opened to consider item. Presented by Assistant City Attorney Womack; Sydni Overly, Senior Business Analyst, Tripepi Smith; and Doug Johnson, President, National Demographics Corporation.

Additional information supplemental packet.

Speakers: Wendy Zimmerman, Newbury Park; Karen Wilburn, Newbury Park; Jennifer Gross, Newbury Park; Sally Hibbits, Thousand Oaks; Rossanna Guerra, Thousand Oaks; Lorrie Dingman, Newbury Park; Chaise Rasheed, Thousand Oaks (submitted documents); Tie Gutierrez, Thousand Oaks; Ashley Orozco, Newbury Park; Janie A., Newbury Park; Carole Shelton, Thousand Oaks; CJ Keavney, Newbury Park; Ben Eduarte, Newbury Park.

Written Statements: Barbara Ballenger, Thousand Oaks, pro Map 104, con in general; Lynn Porter Burdick, Thousand Oaks, pro.

Mayor McNamee closed the public hearing.

Motion by Councilmember Taylor to approve staff’s recommendation and direct staff to bring Maps 104, 106, and 111 back as the focus maps at the next public hearing with changes as discussed.
5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
Motion by Mayor Pro Tem Adam to approve staff’s recommendation and direct staff to keep the current election sequencing of Districts 4 and 5 in 2024 and the other three districts in 2026 as outlined on the focus maps. 5-0 by the following vote:

Ayes – Engler, Newman, Taylor, Adam, McNamee
Noes – None
City Council recess at 8:47 p.m.; reconvened at 8:56 p.m.

Item No.9B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 20 June 20, 2023

8. PUBLIC HEARINGS: (Continued)
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)

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)
RECOMMENDATION:

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.

Item No.9B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 21 June 20, 2023

8. PUBLIC HEARINGS: (Continued)
B. Proposed 333-Unit Mixed-Use Apartment Complex – 2150 W. Hillcrest Drive (Continued)
Hearing, advertised as required by law, opened to consider item. Presented by Associate Planner Kendall. Community Development Director Parker, Chief Assistant City Attorney Hehir, and City Manager Powers responded to questions.

Deputy Community Development Director Zelaya Melicher and Planning Division Manager Kearns available for questions.

Speakers: Tom Cohen, Applicant Representative; Keith McCloskey, Project Architect; Marc Maron, Applicant; Jackson Piper, Newbury Park; Amalia Bowley Fuentes, city of residence unknown; Faith Grant, Westlake Village; Shawn Moradian, Thousand Oaks; Jonathan Duran, Thousand Oaks.

Written Statements: None.

Motion by Councilmember Engler to continue hearing to July 11, 2023.

Passed 5-0 by the following vote:

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

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
RES. NO. 2023-042
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.

Presented by Human Resources Director Giles.

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.9B

DRAFT MINUTES OF THE CITY COUNCIL
Thousand Oaks, California 22 June 20, 2023

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
City Manager Powers provided an update on the July 11, 2023, City Council meeting and announced upcoming Draft General Plan events.

15. PUBLIC NOTICES: None

16. ADJOURNMENT: City Council adjourned at 10:16 p.m. to Regular Meeting on July 11, 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 15, 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\agenda\2023\06-20-23.docx
Item No.9B
TO: Andrew P. Powers, City Manager
FROM: Jaime Boscarino, Finance Director
DATE: July 11, 2023
SUBJECT: Thousand Oaks Public Financing Authority Annual Update RECOMMENDATION:

1. Receive and file annual update.

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

FINANCIAL IMPACT:

No Additional Funding Requested. Minimal staff time to prepare the report is included in the Adopted FY 2023-24 General Fund Budget.

BACKGROUND:

The Thousand Oaks Public Financing Authority (Authority) is a Joint Powers Agency (JPA) formed in 1988 by a Joint Exercise of Powers Agreement (Agreement) between the City and the Thousand Oaks Redevelopment Agency (Agency). The Authority is authorized under the Marks-Roos Local Bond Pooling Act of 1985 and was created to provide for the financing of public capital improvements through the leasing, acquisition, and/or purchase of City and Agency debt obligations.

The Authority Board of Directors (Board) are the members of City Council. The Board appointed the following officers: Chair is City Mayor; Vice-Chair is City Mayor Pro Tem; Secretary is City Clerk; Treasurer is City Finance Director/Treasurer; and Executive Director is City Manager.

The Authority’s regular meeting schedule coincides with City Council meetings. If no Authority agenda is posted, the regular meeting is considered canceled without any further action from the Authority. The Agreement, however, requires at least one regular meeting per year.

Redevelopment agencies were dissolved, effective February 1, 2012, and Item No.9C
TOPFA Annual Update
July 11, 2023

Page 2 ends

successor agencies were appointed to wind down the affairs of the agencies. The City chose to serve as the successor agency to the Agency. Pursuant to Section

8.08 of the Agreement, the Agreement is binding upon the successors of the City or the Agency.

DISCUSSION/ANALYSIS:

To comply with the requirement that the Authority hold at least one regular meeting a year, staff has prepared this summary of the Authority and update on its activity.

The Authority has issued several bonds and purchased numerous local obligations over the years. Currently, only the 2020 Refunding Lease Revenue Bonds (Municipal Facilities Projects) remain outstanding. This bond issue refunded previous debt issues used to construct, repair, and improve the main library. In addition, prior bond proceeds were used for the construction of the Newbury Park Branch Library, Goebel Adult Community Center, Teen Center, and Conejo Creek Park North.

As of June 30, 2023, the outstanding principal amount is $6,760,000. The 2020 bonds mature on June 1, 2031.

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: Jane Adelmann, Debt and Investment Analyst FIN:340:30\ja\H:\COMMON\Council\2023\Administration\071123 TOPFA Annual Update Staff Report.docx Item No.9C
TO: Andrew P. Powers, City Manager
FROM: Jaime Boscarino, Finance Director
DATE: July 11, 2023
SUBJECT: CI 5527 Conejo Canyons Bridge Standby Letter of Credit RECOMMENDATION:

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

FINANCIAL IMPACT:

No Additional Funding Requested. The Conejo Open Space Conservation Agency (COSCA) Board has reserved $250,000 in the Woolsey Fire settlement proceeds to reimburse Wells Fargo for the issuance costs and for any draws on the Letter of Credit. Minimal staff time to manage the Letter of Credit is included in the Adopted FY 2023-24 General Fund Budget.

BACKGROUND:

The City and COSCA are working in collaboration to construct a bridge spanning the Arroyo Conejo Creek southwest of Hill Canyon Road in the Conejo Canyons Open Space (Attachment #1). The bridge will connect two COSCA trails systems, provide for emergency access to open space, divert visitors from the Hill Canyon Treatment Plant access road onto safer trails, and provide secondary access for City staff between the Treatment Plant and the City’s Municipal Service Center.

Construction is anticipated to begin in fall of 2023.

Since the bridge project will have minor temporary and permanent impacts to natural resources, it is subject to the permitting authority of the CDFW. CDFW has issued a Streambed Alteration Agreement that sets forth the conditions under Item No.9D
CI5527 Conejo Canyons Bridge Standby Letter of Credit
July 11, 2023

Page 2 ends

which the project may proceed. Among the requirements is the mitigation of environmental impacts through the restoration of nearby degraded habitat areas.

These requirements are typical for projects such as the construction of bridges, and COSCA staff has prepared a formal mitigation plan.

To ensure the City, as permittee, completes the required mitigation work, CDFW requires financial security equal to the anticipated costs for the mitigation activities.

For this project, the security will be in the form of a Letter of Credit.

DISCUSSION/ANALYSIS:

If approved, the City will apply for a Wells Fargo Bank, N.A. Letter of Credit as required by CDFW. The amount of the Letter of Credit is based on the mitigation costs and will be in an amount not to exceed $250,000. Staff expects that CDFW will reduce the amount of the Letter of Credit over the five-year mitigation period as restoration project milestones are met.

Because the Letter of Credit is expected to remain outstanding for five years, current funds must be reserved for any draws on the Letter of Credit. COSCA has appropriated and encumbered Woolsey Fire settlement funds allocated for invasive plant management and land restoration to be held as that reserve. The reserved funds will not be used unless the Letter of Credit is drawn on by CDFW following a failure of the City and COSCA to complete the required work or a failure by the City to renew the Letter of Credit until the Letter of Credit is canceled by CDFW. The area to be restored is small and the restoration plan provides clear direction to achieve project success. Staff does not anticipate that draws on the Letter of Credit will be necessary.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

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

PREPARED BY: Jane Adelmann, Debt and Investment Analyst Attachments:

Attachment #1 – Vicinity and Location Maps
FIN:320-10\ja\H:\COMMON\Council\2023\Adminstration\071123 LC5527 Conejo Canyons Bridge LC Staff Report.docx
Item No.9D
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FIN:320-10\ja\H:\COMMON\Council\2023\Administration\071123 CI5527 Conejo Canyons Bridge Map Attach 1.pdf , ___ , ___ .. _;
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Item No.9D
TO: Andrew P. Powers, City Manager
FROM: Kelvin Parker, Community Development Director
DATE: July 11, 2023
SUBJECT: California Automated Permit Processing Program Grant RECOMMENDATION:

1. Accept California Automated Permit Processing (CalAPP) Program Grant in a not-to-exceed amount of $80,000 for implementation and compliance with Senate Bill (SB) 379 (Wiener, 2022).

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

FINANCIAL IMPACT:

No Additional Funding Requested. Minimal staff time to prepare the report is included in the Adopted FY 2023-24 General Fund Budget. $80,000 is included in the Adopted FY 2023-24 General Fund Budget and the costs for the configuration and implementation of the software and staff training to comply with SB 379 will be fully offset by the grant.

BACKGROUND:

Senate Bill 129, Budget Act of 2021, provides $20 million in State funding through the California Energy Commission (CEC) to support the CalAPP grant program which helps reimburse cities for the cost of establishing an online solar permitting system. CalAPP is intended to encourage local governments to enhance permitting processes and accelerate processing and turnaround time with an automated system.

SolarAPP+ is a web-based platform that local governments are eligible to use for residential solar installation permits. This software was developed by the National Renewable Energy Laboratory. The only CalAPP-approved SolarAPP+ software vendor currently is Alliance for Sustainable Energy, LLC (Alliance). The SolarAPP+ web tool is available to the City through a no-cost agreement with Alliance.

Item No.9E
CalAPP Program Grant
July 11, 2023

Page 2 ends

Additionally, SB 379 (Wiener, 2022) requires all cities and counties in California to implement an online, automated permitting platform. SolarAPP+ automates and standardizes building permit processes for simple residential rooftop solar systems. The platform asks the contractor a series of questions to verify the solar system’s design meets State regulations and runs an automated code compliance check. If the plan complies with all the requirements, it automatically issues a permit so the installation of the solar system can begin.

SB 379 requires a city, or county with a population greater than 50,000, to implement the requirements of SB 379 by September 30, 2023. Grant funding has been made available to assist in developing, setting up, and implementing the automated platform.

Cities are required to begin reporting annually to the CEC within one year of implementing an online, automated solar permitting system. This annual reporting requirement will sunset on June 30, 2034, unless extended by legislation.

DISCUSSION/ANALYSIS:

Staff applied for, and the City was awarded, an $80,000 grant to implement SolarAPP+ (Attachment #1). This web-based application is the only software available currently and will allow residential contractors to submit and pay for their solar permit application online, track their projects, schedule inspections, and receive final sign-off after installation.

The streamlining effort is a solution only for licensed contractors working on residential properties. This is designed to facilitate faster permitting for solar panel installation. This technology is currently developing and is emerging to establish compliance with permit requirements. The grant is structured for the City to receive reimbursement for system configuration, consultant development, staff training, and integration into the existing land management system. Staff has an existing agreement in place with Park Consulting Group Corporation to assist with the system configuration and integration.

The reporting to the CEC must include:
• The number of permits issued for residential solar energy systems and residential energy storage systems paired with residential solar energy systems; and
• The relevant characteristics of those systems.

Item No.9E
CalAPP Program Grant
July 11, 2023

Page 3 ends

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.

PREPARED BY: Jesse De Anda, Building Official
Attachment:

Attachment #1 –Grant Agreement
CDD:450-10\H:\COMMON\City Council\CC Agenda Items\2023\07112023\SolarApp Grant\Staff Report.docx Item No.9E

STATE OF CALIFORNIA

GRANT AGREEMENT
CEC-146 (Revised 3/2019) CALIFORNIA ENERGY COMMISSION

RECIPIENT AGREEMENT NUMBER
City of Thousand Oaks APP-22-164

ADDRESS AGREEMENT TERM
2100 E. Thousand Oaks Blvd.

Thousand Oaks, CA 91362
03/23/2023 to 05/31/2027
The effective date of this Agreement is either the start date or the approval signature date by the California Energy Commission representative below, whichever is later. The California Energy Commission shall be the last party to sign. No work is authorized, nor shall any work begin, until on or after the effective date.

PROJECT DESCRIPTION
The parties agree to comply with the terms and conditions of the following Exhibits which are by this reference made a part of the agreement.

Exhibit A – Application with Scope of Work Page(s):4
Exhibit B – APP General Terms and Conditions Page(s):5
Exhibit C – Contact List Page(s):1

REIMBURSABLE AMOUNT
$ 80,000

MINIMUM MATCH SHARE REQUIRED
$ 0

TOTAL OF REIMBURSABLE AMOUNT AND MINIMUM MATCH
$ 80,000
The undersigned parties have read the attachments to this agreement and will comply with the standards and requirements contained therein.

CALIFORNIA ENERGY COMMISSION CONTRACTOR AUTHORIZED SIGNATURE DATE AUTHORIZED SIGNATURE DATE

NAME NAME
Adrienne Winuk

TITLE TITLE
Contracts, Grants, and Loans Office Manager

CALIFORNIA ENERGY COMMISSION ADDRESS
715 P Street, MS 18, Sacramento, CA 95814

ATTACHMENT #1
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Item No.9E
March 2023 Page 1 of 5 APP-22-164
City of Thousand Oaks
California Automated Permit Processing (CalAPP) Program ATTACHMENT 2 – Terms and Conditions
Added language appears in bold underlined font and deleted language appears in strikethrough and within square brackets.

1. Background and Authority for this Grant
California Senate Bill 129 (2021) included an appropriation to the California Energy Commission (CEC) to support a grant program for cities, counties, or cities and counties to establish online solar permitting.

2. Documents Incorporated by Reference and Priority
Incorporated by reference into this agreement are the following documents:

A. Grant Funding Opportunity (GFO) 21-402.

B. Recipient’s application to CalAPP.

As between and the incorporated documents and the remainder of this Agreement, the rest of this Agreement takes priority in case of a conflict.

3. Budget, Invoices, and Payments
a) The CEC is only obligated to reimburse the Recipient for paid costs that are (1) incurred during the Agreement Term; (2) invoiced within the required timeframes of this Agreement; (3) not more than this Agreement’s budget; and (4) reasonable, actual, and allowable expenses under this Agreement.
b) Recipient acknowledges that the funds under this Agreement have a liquidation date of June 30, 2027, a legal timeframe after which the CEC has no authority to pay the funds. In addition, it takes the CEC administrative time to review, approve, work with the Recipient to correct any errors in, and request the State Controller’s Office to pay invoices. Accordingly, Recipient acknowledges that if it does not submit accurate invoices by March 30, 2027, for all amounts due under the Agreement, it risks not receiving payment, and relinquishes all rights to such payments should the CEC not pay it by the liquidation date. Recipient acknowledges that time is of the essence in invoicing by March 30, 2027, for all amounts due under this Agreement.

The Recipient may request payment from the Energy Commission at any time during the term of this Agreement after successful adoption of a qualifying solar permitting platform as verified by the CEC, but no more frequently than monthly. Recipient must use the CAM provided template invoice spreadsheet. c) If invoicing for in-house staff time, the template invoice spreadsheet must identify the employee’s name, hours worked, and billing rate to be included as a reimbursable expense. d) Unallowable costs include:
x Software not related to the adoption of a qualifying online, automated permitting platform.

Item No.9E
March 2023 Page 2 of 5 APP-22-164
City of Thousand Oaks
x Any costs incurred or activities conducted prior to entering into a grant agreement with the Energy Commission or incurred after the grant agreement has ended. x Typically excluded items such as food and beverages.
x Advertising costs.
x Fines and penalties.
x Permit processing fees charged by operator of an online platform. x All other costs not identified as allowable.
x Unreasonable amounts or rates.

4. Certification
By signing this Agreement, Recipient hereby certifies that all funds received pursuant to this Agreement shall be spent exclusively for its CalAPP project in compliance with this Agreement. The Recipient further certifies that it shall comply with all applicable laws in performing this Agreement.

5. Nondiscrimination Statement of Compliance
During the performance of this Agreement, the Recipient and its subcontractors will not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, sexual orientation, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition, age, marital status, or denial of family care leave.

The Recipient and its subcontractors will ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

The Recipient and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Sections 12990 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4.1 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part of it as if set forth in full. The Recipient and its subcontractors will give written notice of their obligations under this section to labor organizations with which they have a collective bargaining or other Agreement.

The Recipient shall include the nondiscrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.

6. Drug-Free Workplace Certification
By signing this Agreement, the Recipient certifies under penalty of perjury under the laws of the State of California that it will comply and will ensure its subcontractors will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.). In addition to any other rights and remedies available to the CEC, failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both, and the Recipient may be ineligible for any future state awards if the CEC determines that any of the following Item No.9E
March 2023 Page 3 of 5 APP-22-164
City of Thousand Oaks
has occurred: (1) the Recipient has made false certification, or (2) violates the certification by failing to carry out the requirements of the Act.
[By signing this Agreement, the Recipient certifies under penalty of perjury under the laws of the State of California that it will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and will provide a drug-free workplace by taking the following actions:
1) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited, and specifying actions to be taken against employees for violations as required by Government Code Section 8355(a). 2) Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following:

• The dangers of drug abuse in the workplace;
• The person’s or organization’s policy of maintaining a drug-free workplace; • Any available counseling, rehabilitation, and employee assistance programs; and • Penalties that may be imposed upon employees for drug abuse violations. 3) Provide, as required by Government Code Section 8355(c), that every employee who works on the proposed project:
• Will receive a copy of the company's drug-free policy statement; and • Will agree to abide by the terms of the company's statement as a condition of employment on the project. ]
In addition to any other rights and remedies available to the CEC, failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both, and the Recipient may be ineligible for any future state awards if the CEC determines that any of the following has occurred: (1) the Recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

7. Americans With Disabilities Act
By signing this Agreement, the Recipient assures the CEC that it complies with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. Section 12101, et seq.), which prohibits discrimination on the basis of disability, as well as applicable regulations and guidelines issued pursuant to the ADA.

8. Accounting and Audit
The Recipient will keep separate, complete, and correct accounting of the costs involved in completing the Agreement. The Recipient agrees that the CEC, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Recipient agrees to maintain such records for possible audit for a minimum of three (3) years after the Agreement ends in any way. The Recipient Item No.9E
March 2023 Page 4 of 5 APP-22-164
City of Thousand Oaks
agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Recipient agrees to include a similar right of the CEC, the Bureau of State Audits, or their designated representative, to audit records and interview staff in any subcontract related to performance of this Agreement. These rights and responsibilities are in addition to and not restrictive of those in Section 16.

Access to Sites and Records.

9. Public Works
The Recipient is responsible for complying with all applicable laws, which can include public works requirements under the Labor Code. Recipient acknowledges acceptance of Agreement funds may trigger public works laws (Labor Code Section 1720 et seq.), a requirement of which is to pay prevailing wages, applying to its entire project. If the project is public works then it is subject to compliance monitoring and enforcement by the Department of Industrial Relations. By signing this Agreement, Recipient certifies that it shall comply with all applicable Public Works laws and requirements.

10. Intellectual Property
As between the Recipient and the CEC, the Recipient owns all intellectual property it or its subcontractors create under this Agreement. The CEC has a no-cost, non-exclusive, transferable, irrevocable, royalty-free, worldwide, perpetual license to use, publish, translate, modify, and reproduce all intellectual property, such as the products identified in Section 2. above, for governmental purposes the Recipient or its subcontractors create under this agreement. The Recipient shall include a provision securing these rights for the CEC in all of its subcontractor agreements related to performance of this Agreement.

11. Amendment
No amendment or variation of this Agreement shall be valid unless made in writing and signed by both the Recipient and CEC.

12. Governing Law
This Agreement is governed by the laws of the State of California as to interpretation and performance.

13. Independent Capacity
In the performance of this Agreement, Recipient and its agents, subcontractors, and employees will act in an independent capacity and not as officers, employees, or agents of the CEC or the State of California.

14. Severability
If any provision of this Agreement is unenforceable or held to be unenforceable, all other provisions of this Agreement will remain in full force and effect.

15. Waiver
Item No.9E
March 2023 Page 5 of 5 APP-22-164
City of Thousand Oaks
No waiver of any breach of this Agreement constitutes waiver of any other breach. All remedies in this Agreement will be taken and construed as cumulative, meaning in addition to every other remedy provided in the Agreement or by law.

16. Access to Sites and Records
The Recipient shall provide during the Agreement and for at least 3 years after the Agreement ends in any way to the CEC or its representatives reasonable access to all project sites and to all records related to this Agreement. These rights and responsibilities are in addition to and not restrictive of those in Section 8. Accounting and Audit.

17. Termination Without Cause
The CEC may terminate this Agreement without cause upon giving written notice to the Recipient. In this event, the Recipient will use all reasonable efforts to mitigate its expenses and obligations.

18. Third-Party Beneficiary
The Recipient shall in every subcontract under this Agreement include a provision indicating the CEC is a third-party beneficiary to the agreement.

19. Survival of Terms
The following terms survive this Agreement no matter how the agreement ends, such as by its own terms or via termination:
x 8. Accounting and Audit
x 9. Public Works
x 10. Intellectual Property
x 12. Governing Law
x 14. Severability
x 15. Waiver
x 16. Access to Sites and Records
x 18. Third-Party Beneficiary
Item No.9E
Exhibit C

CONTACT LIST
March 2023 Page 1 of 1 APP-22-164
City of Thousand Oaks
California Energy Commission Recipient
Commission Agreement Manager:

Adam Van Winkle
California Energy Commission
715 P Street, MS-45
Sacramento, CA 95814
Phone: (916) 891-9060
e-mail: [email protected]
Project Manager:

Jesse De Anda
City of Thousand Oaks
2100 E. Thousand Oaks Blvd.

Thousand Oaks, CA 91362
Phone: (805) 449-2517
e-mail: [email protected]
Confidential Deliverables/Products
California Energy Commission
Contracts, Grants, and Loans Officer
715 P Street MS-18
Sacramento, CA 95814
Administrator:

Michelle McMurtry
City of Thousand Oaks
2100 E. Thousand Oaks Blvd.

Thousand Oaks, CA 91362
Phone: (805) 449-2541
e-mail: [email protected]
Invoices, Progress Reports and NonConfidential Deliverables to:

California Energy Commission
Accounting Officer
715 P Street MS-2
Sacramento, CA 95814
Email PDF of Payment Request invoice
packet to: [email protected]
Accounting Officer:

Jesse De Anda
City of Thousand Oaks
2100 E. Thousand Oaks Blvd.

Thousand Oaks, CA 91362
Phone: (805) 449-2517
e-mail: [email protected]
Legal Notices:

Tatyana Yakshina
Grants Manager
715 P Street MS-18
Sacramento, CA 95814
Phone: (916) 827-9294
e-mail: [email protected]
Recipient Legal Notices:

Jesse De Anda
City of Thousand Oaks
2100 E. Thousand Oaks Blvd.

Thousand Oaks, CA 91362
Phone: (805) 449-2517
e-mail: [email protected]
CDD:450-10\H:\COMMON\City Council\CC Agenda Items\2023\07112023\SolarApp Grant\Attachment 1.docx Item No.9E
TO: Andrew P. Powers, City Manager
FROM: Clifford G. Finley, Public Works Director
DATE: July 11, 2023
SUBJECT: Interceptor Capital Improvement Program Unit W (CI 5445) RECOMMENDATION:

2. Authorize expenditure in the amount of $31,000 from A/C #624-8250-682-8300 (CI 5445, Wastewater Interceptor Capital Improvement Project Unit W).

3. California Environmental Quality Act: A Mitigated Negative Declaration was approved for this project by City Council on February 22, 2022.

FINANCIAL IMPACT:

No Additional Funding Requested. $1,700,000 is included in the Adopted FY 2023-24 Wastewater Capital Fund Budget (CI 5445), with a total available project budget of $3,316,982. The estimated total project cost is $3,374,000. Additional budget will be requested at project award if necessary.

BACKGROUND:

The Hill Canyon Treatment Plant (HCTP) is located at 9600 Santa Rosa Road and provides tertiary-level wastewater treatment for the community. As part of the overall wastewater collection and treatment system, large-diameter wastewater interceptor pipelines were installed to transport the wastewater from the community and deliver it to the HCTP. The Unit W Wastewater Interceptor is a gravity collection pipeline that originates near the Oaks Mall and transports a large volume of wastewater along the Arroyo Conejo Creek to the HCTP (Attachment #1). The pipeline was installed in the 1960s and improvements have been made over the decades. In the lower portion of the interceptor, the original 1960s Unit Item No.9F
Interceptor CIP Unit W (CI 5445)
July 11, 2023

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W pipeline consisted of a 30-inch diameter pressurized pipeline with two major wastewater access structures (Structure W-1 and Structure W/F). The structures enable the wastewater interceptors to be accessed by staff.

The necessary rehabilitation work for the Unit W Project includes installing a temporary wastewater bypass pipeline to HCTP headworks so closed-circuit television (CCTV) work can be performed on the inside of the wastewater pipelines and installing new access holes. This CCTV work will be completed on one pipeline at a time. In addition, three of the existing isolation valves are nonfunctional due to mechanical failure. Replacement of these valves can be challenging from a permitting and feasibility standpoint, so they are included as part of this project. The valves are buried in the canyon and therefore must be excavated to be replaced. The phase 1 condition assessment of the project is the first phase of a potential two-phase project. The work performed as part of this phase will determine the need for additional rehabilitation or repairs on this section of Unit W. Once this project is completed and the internal pipeline CCTV information work is obtained, staff will determine the need for a second phase of this project, which is a separate future capital project under CI 5681.

On August 27, 2019, AECOM Technical Services, Inc. (AECOM), a professional engineering firm, was selected through a competitive Request for Proposals (RFP) process to prepare an asset assessment of a portion of the Unit W Pipeline Project. In May 2020, the agreement was modified with a first amendment which extended the contract date. A second amendment to the agreement was approved by City Council on January 26, 2021, to add $178,500 for design services. The third amendment to the agreement was approved in October 2021 to extend the agreement to June 30, 2022. A fourth amendment to the agreement was approved in June 2022 to add $13,249 for additional design services. A fifth amendment to the agreement was approved in May 2023 to extend the agreement to December 31, 2024.

On January 24, 2023, City Council authorized staff to advertise the project for construction bids. Bids were opened on March 1, 2023, however; because of the high construction bids, at the April 4, 2023 City Council meeting, staff recommended that all bids be rejected.

DISCUSSION/ANALYSIS:

Before re-bidding the project, staff will work with AECOM, to explore design and construction alternatives that may result in cost savings for the project. Once the design and construction value engineering evaluation has been completed, project plans and specifications will be modified accordingly, and the project will be readvertised for bidding. In the meantime, staff is procuring the three long lead plug Item No.9F
Interceptor CIP Unit W (CI 5445)
July 11, 2023

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valves that are necessary for the project, so that they are delivered in time for the construction of the project in 2024.

The Sixth Amendment to the agreement with AECOM, in the amount of $31,000 includes value engineering tasks to help potentially reduce the overall construction costs for the project (Attachment #2). This work will allow the project plans and specifications to be re-bid at a future City Council meeting later this year.

The revised tentative schedule for the project is as follows:

Value engineering Summer 2023
Re-bidding Fall 2023
Award of construction contract Winter 2024
Start construction Spring 2024
Construction completion End of 2024
As part of the design efforts on the project, the Consultant prepared the Mitigated Negative Declaration in accordance with the California Environmental Quality Act (CEQA) guidelines. City Council adopted the Mitigated Negative Declaration and Mitigation Monitoring Program for the project on February 22, 2022.

Community Outreach: This project will be limited to work at HCTP and in the canyon adjacent to Unit W pipelines and is not expected to impact any neighboring residences. The work will be at the south end of the HCTP and will have a limited impact on plant operations. Construction-related impacts to hiking trail users will be minimal.

This project meets City Council’s Top Ten Priorities #6: “Public Works + Infrastructure Investments across the community”.

CIP PROJECT PRIORITY (as outlined in FY 2023-24 and FY 2024-25 CIP Program Budget)
Priority Two – Necessary, but not essential, and there could be consequences if deferred.

Item No.9F
Interceptor CIP Unit W (CI 5445)
July 11, 2023

Page 4 ends

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goal:

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

Attachment #1 – Vicinity and Location maps
Attachment #2 – Sixth Amendment to Agreement with AECOM DPW: 850-20\nh\etm\Council\2023\071123\CI 5445 Unit W staff report.docx Item No.9F
Secondary Clarifiers
Digesters
Primary
Clarifiers
Cogeneration Engines
Primary
Clarifiers
Thickening Building
Arroyo Conejo
Wetlands
Solar Panels
Biosolids Drying
(to be abandoned)
Bioreactors
Chlorine Contact Channel
Flow Equalization Basins
Operations Building
Bioreactor Basins
Filters
Dewatering / Generator Building
0 300 600 150
Feet
HILL CANYON ±

WASTEWATER TREATMENT PLANT
'3:
?QK?HWP?&RXQFLO???&,8QLW:$WW Item No.9F
ATTACHMENT #2
Project Name: Interceptor Capital Improvement
Program Unit W (CI 5445)

SIXTH AMENDMENT TO

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AND
AECOM TECHNICAL SERVICES, INC.

Contract No. 12186-2019
THIS SIXTH AMENDMENT to the Agreement for Professional Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation, (hereafter “City”) and AECOM TECHNICAL SERVICES, INC. (“Consultant”), entitled Interceptor Capital Improvement Program Unit W CI 5445 and dated the 21st day of August 2019, and amended on May 26, 2020, January 26, 2021, October 19, 2021, June 6, 2022 and May 22, 2023 (herein “Contract”) is made this 11th day of July, 2023.

RECITALS
A. Section 5 of Contract, currently, and as may have been previously amended, provides for a termination date of December 31, 2024.

B. Section 3(a) of Contract currently, and as may have been previously amended, provides for a not-to-exceed amount of $266,749.

C. City needs to expand the Scope of Work of Contract and Consultant desires to perform that work and receive additional compensation therefor.

D. Consultant needs to update their Schedule of Fees, and City is agreeable to the change.

E. City and Consultant desire to expand the scope of the Contract and update the Schedule of Fees while keeping all other terms intact.

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

Part 1. Section 2 of Contract is amended to include the additional scope of work generally encompassing performing a value engineering review of the previously bid plans, preparation of revised construction ready Contract Documents in conjunction with the Capital Improvements Program Unit W Project. The detailed scope of work of this additional work is attached hereto and incorporated herein as Exhibit A-6.

Part 2. The sum of $31,000 is added as compensation to Consultant under the present Contract for the above-described additional services, and Subsection 3 (a) of Item No.9F
DPW:850-20\etm\ Council\071823\CI 5445 Unit W Interceptor Amendment.docx

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Contract is hereby amended to read in its entirety as follows:
(a) Maximum and Rate. The total compensation payable to Consultant by City for the services under this Agreement SHALL NOT EXCEED the sum of $297,749 and shall be earned as the work progresses on the basis explained in the original contract, and as may have been previously amended.

Part 3. Exhibit “B” Consultant’s Schedule of Fees hourly rates is hereby replaced in its entirety with Exhibit B-6, attached hereto and incorporated herein, in order to reflect Consultant’s current rates.

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

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

AECOM TECHNICAL SERVICES, INC.

Ben P. Horn, PE
Principal/Managing Engineer
Armond Tatevossian, Secretary

CITY OF THOUSAND OAKS
Kevin McNamee, Mayor
ATTEST:

Laura B. Maguire, City Clerk
Item No.9F
DPW:850-20\etm\ Council\071823\CI 5445 Unit W Interceptor Amendment.docx

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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:

Office of the City Attorney
Tracy Friedl, Assistant City Attorney
Item No.9F
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EXHIBIT A-6

SCOPE OF SERVICES
CONSULTANT shall provide engineering services to assess the condition of the Interceptor Capital Improvement Program Unit W Project and develop plans and specifications for its rehabilitation. CONSULTANT’s work shall be coordinated with plant operations.

CONSULTANT shall perform the following tasks:

Plan and Specification Revisions: CONSULTANT will make design revisions to the Plans and Specifications to address the following issues:
• Clarifications on temporary bypass: CONSULTANT will clarify the intent is to not have a pumped bypass that will require alarms, diesel pumps, alarm watch and other services associated with a pumped bypass.
• Disposal of sludge and wastewater removed by cleaning for CCTV inspection:

CONSULTANT will clarify on the plans and specifications that disposal of waste removal from pipe cleaning, will be at the plant at a location approved by the City. • Creek crossing requirements: CONSULTANT will revise the plans and specifications to address creek crossing requirements that are in conformance with permitting requirements.
• Installation of valves to facilitate un-pumped bypass: CONSULTANT will clarify on the plans that the line-stops will be removed following new valve installations and that bypass using existing pressure developed within the piping system in the canyon will be accomplished with the new valves.

Technical Assistance for Owner-Furnished equipment:

CONSULTANT will assist the city by providing technical information as needed for ownerfurnished equipment submittal review for conformance with the design.

Project Re-bid Phase Assistance:

CONSULTANT will provide bid phase assistance associated with the project.

Item No.9F
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Item No.9F
TO: Andrew P. Powers, City Manager
FROM: Jennifer Patterson, Library Director
DATE: July 11, 2023
SUBJECT: Grant R. Brimhall Library Aquarium Maintenance RECOMMENDATION:

1. Approve a three-year agreement with Aquatic Contractors (Thousand Oaks, CA) for 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-toexceed amount of $138,300.

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.

FINANCIAL IMPACT:

No Additional Funding Requested. Minimal staff time required to prepare the report is included in the Adopted FY 2023-24 Library Fund Budget. Aquarium maintenance costs are included in the Adopted FY 2023-24 and FY 2024-25 Library Fund Budget. Budget for the remaining contract term will be requested during the next biennial budget process.

BACKGROUND:

The 3,600-gallon salt-water aquarium was a gift to the community from the Friends of the Thousand Oaks Library and was installed as part of the Children’s Library expansion, which opened on June 24, 2006. The Grant R. Brimhall Library (Library) aquarium requires weekly professional maintenance due to its size and the specific requirements of saltwater aquariums. This includes water testing, pump and filter maintenance, water recycling, chemical balancing, gravel stirring, quarantine service, diagnostics, and general tank and reef cleaning to maintain the health of the fish. Aquarium maintenance vendors are contracted for three-year terms.

Item No.9G
Grant R. Brimhall Library Aquarium Maintenance
July 11, 2023

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A Request for Proposals and Qualifications (RFP/Q) process in 2020 resulted in Aquatic Contractors being selected as the service provider for the maintenance of the Library aquarium. Their contract expires on June 30, 2023.

This staff report and agreement were originally submitted to City Council on June 20, 2023. The item was continued to the July 11, 2023, City Council meeting as a portion of the Aquatic Contractors Agreement was unintentionally omitted thus requiring re-submission.

DISCUSSION/ANALYSIS:

In accordance with Government Code section 4526 and the Thousand Oaks Municipal Code section 3-10.401, staff solicited a formal RFP/Q for the Library Aquarium Maintenance on May 1, 2023, which was publicly advertised in the Thousand Oaks Acorn newspaper and on the City’s procurement website. Unlike the low bid requirements of the Public Contract Code, contracts for professional, management, general, or special services should only be awarded to firms or persons who have demonstrated an adequate level of experience, competence, training, credentials, resources, staffing, and other professional qualifications necessary for more than a satisfactory performance of the services solicited.

Aquatic Contractors was the only company to submit a proposal. Aquatic Contractors is a highly regarded Thousand Oaks business that specializes in servicing commercial aquariums as well as private home aquariums. The company currently services The Four Seasons Hotel in Westlake Village, The Ojai Valley Inn & Spa, and Simi Valley Auto Spa, to name a few. In addition, Aquatic Contractors’ service for the Library has been exemplary and Library staff recommends selecting them as the aquarium service provider (Attachment #1).

The aquarium is a popular focal point in the Library and is regularly visited by Library patrons of all ages. Exposure to this salt-water world and its marine life creates interest in and awareness of the undersea environment. A digital display describing each fish and information about their habitat is mounted near the aquarium for the entertainment and education of Library patrons. Aquatic Contractors also includes educational presentations to children and families to complement Library programs as part of their services. Informational presentations on saltwater aquariums, tropical marine life, and water conservation further enhance the educational benefit of the aquarium to our community and fulfill the Library’s mission to inspire, inform, and engage.

Item No.9G
Grant R. Brimhall Library Aquarium Maintenance
July 11, 2023

Page 3 ends

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

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

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

PREPARED BY: Alina Savulescu, Accounting Specialist
Attachment:

Attachment #1 – Aquatic Contractors Agreement
LIB: 231-20/H:COMMON/Administration/StaffReports/AquaticContractors Item No.9G
LIB:231-20/H/COMMON/ADMINISTRATION/RFPQ/2023AQUARIUM

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Project Name: Aquarium Maintenance

AGREEMENT FOR GENERAL SERVICES

BETWEEN THE CITY OF THOUSAND OAKS

AND AQUATIC CONTRACTORS
THIS AGREEMENT, made and entered into this 1
st day of July, 2023, by and
between the CITY OF THOUSAND OAKS, a municipal corporation (hereinafter referred to as "City"), and AQUATIC CONTRACTORS (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:

Professional services in conjunction with Library aquarium maintenance. Services and deliverables shall generally include cleaning of the tank and filters, water rotation, monitoring of water quality, monitoring the health of fish, providing fish food and removal of any sick or dead fish, as well as service to the aquarium in case of emergency or equipment failure.

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 $138,264 (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 according to the schedule listed 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.

ATTACHMENT #1
Item No.9G
LIB:231-20/H/COMMON/ADMINISTRATION/RFPQ/2023AQUARIUM

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(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.
(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, Accounting Specialist, Alina Savulescu.

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 failure or neglect of Service Item No.9G
LIB:231-20/H/COMMON/ADMINISTRATION/RFPQ/2023AQUARIUM

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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.

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 Item No.9G
LIB:231-20/H/COMMON/ADMINISTRATION/RFPQ/2023AQUARIUM

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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.

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.

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.

Item No.9G
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(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.
(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:

Item No.9G
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(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 $1,000,000 per occurrence, $2,000,000 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.

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.

Item No.9G
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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) 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.

Item No.9G
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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:
(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 claimsmade 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.

Item No.9G
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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.
(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.

Item No.9G
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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 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.

Item No.9G
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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.

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.9G
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24. 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: Alina Savulescu, Accounting Specialist
City of Thousand Oaks – Library
1401 E. Janss Road
Thousand Oaks, CA 91362
TO SERVICE PROVIDER: Brian Hoover
Aquatic Contractors
564 E. Gainsborough Road
Thousand Oaks, CA 91360

25. 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.

SERVICE PROVIDER
By: Brian Hoover, President

CITY OF THOUSAND OAKS
Kevin McNamee, Mayor
ATTEST:

Laura B. Maguire, City Clerk
Item No.9G
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APPROVED AS TO ADMINISTRATION:

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

Jennifer Patterson, Library Services Director
APPROVED AS TO FORM:

Office of the City Attorney
By: Noel Doran, Assistant City Attorney
Item No.9G
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Library Aquarium Maintenance
Exhibit “A”
Aquatic Contractors

SCOPE OF WORK
Service Provider will administer:
• 24-hours a day, seven days a week, availability for on-site maintenance or repairs in case of emergencies such as:
o Power failure
o Service for leakage/breakage of tank and/or equipment (actual equipment replacement cost not included)
o Fish that are ill or dying
• Quarantine facilities such as:
o Removal of dead/dying or ill fish to recuperative tanks off-site o Month long quarantine of new stock to ensure freedom from disease o Free delivery of fish and supplies
o Replacement of any sick or dead fish within 90 days of purchase o Medication for fish
o Additives to maintain water chemisty
• Weekly on-site maintenance which includes the following:
o 4-6 hours of routine maintenance by service team
o Monitoring and maintenance of water quality with deluxe water testing for ▪ Alkalinity
▪ PH
▪ Ammonia
▪ Nitrate
▪ Nitrite
▪ Calcium
▪ Magnesium
▪ Phosphates
o Monitoring overall health of fish
o Prepare and provide proper food both dry and frozen
o 250 gallon water changes with deionized water and premium quality sea salt
o Cleaning entire reef structure with hydro jet algae cleaner and reef safe brushes
o Gravel stirring and vacuuming of sand
o Weekly cleaning of tank walls, inside and out
o
Item No.9G
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• Maintain and clean filter room
o Clean and replace filter socks
o Change carbon filter
o Clean protein skimmer
o Verify proper operation of all equipment
o Wipe down covers and equipment
o If necessary, report any repair or replacement parts needed o Check fitting and plumbing material
o Clean mixing bins by pulling out and power washing monthly o Monthly clearing of trapped leaves and trash that accumulates o Power wash flooring and sumps
• Repairs/Replacements
o Equipment repair and replacement of failing or aging parts, as necessary to maintain the life support system of the aquarium (UV bulbs, UV ballast, Bio pellets, heaters, water system tank, etc.)
Item No.9G
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Exhibit “B”
Aquatic Contractors
Compensation and Payment
$108,264.00 over 36 months for monthly aquarium maintenance and supplies to be paid at $3,007.33 per month.

No extra charge for service in case of emergency, however, in case of equipment failure, breakage, or required replacement, the City shall be responsible for the cost which will be dependent upon market costs at the time.

Contract not-to-exceed amount provides for $30,000 over 36 months ($10,000 annually) for parts and equipment needed and not included in regular maintenance. Any parts or equipment replacement must be authorized by the City.

Item No.9G
TO: Andrew P. Powers, City Manager
FROM: Clifford G. Finley, Public Works Director
DATE: July 11, 2023
SUBJECT: Conejo Canyons Bridge at Hill Canyon Treatment Plant (CI 5527) RECOMMENDATION:

1. Approve Sixth Amendment to Professional Services Agreement No. 11855- 2018 with Stantec Consulting Services, Inc., Santa Barbara, CA, in the amount of $37,853 for additional design and engineering services related to Conejo Canyons Bridge at Hill Canyon Treatment Plant (CI 5527) for a new not-to-exceed total amount of $396,460 and extending the term of the Agreement to June 30, 2024.

2. Approve expenditure in the amount of $37,853 from A/C #001-4410-671-8300 (CI 5527, Conejo Canyons Bridge at HCTP).

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

FINANCIAL IMPACT:

No Additional Funding Requested. $3,411,000 is included in the Adopted FY 2023-25 Capital Improvement Budget (CI 5527). The total estimated project cost of $3,248,220 is partially offset by a $30,000 donation from Conejo Open Space Foundation (COSF), and $654,000 contribution from Conejo Recreation and Park District (CRPD). Additionally, the Conejo Open Space Conservation Agency (COSCA) is pursuing a grant funding opportunity of up to $200,000 that could further offset the City’s General Fund contribution.

BACKGROUND:

COSCA and the City are working in collaboration to construct a bridge across the Arroyo Conejo Creek southwest of Hill Canyon Road in the Conejo Canyons Open Space area (Attachment #1). The purpose of this bridge is to provide trail and vehicular access across the Arroyo Conejo Creek. Installation of a bridge will allow trail users, including pedestrians, bicyclists, and equestrians, to have a defined route between Santa Rosa Equestrian Park and Wildwood Canyon. The bridge will also provide emergency vehicular access out of Hill Canyon for wildfire purposes, Item No.9H
Conejo Canyons Bridge at HCTP (CI 5527)
July 11, 2023

Page 2 ends

as well as a new direct and safe crossing for Public Works vehicles between the City’s Municipal Service Center (MSC) and Hill Canyon Treatment Plant (HCTP).

On September 25, 2018, City Council approved a Professional Services Agreement with Stantec Consulting Services, Inc. (Stantec) in the amount of $124,792 for the design and engineering of the project. There have been several amendments to the Stantec agreement as follows:
• First Amendment (May 2019) in the amount of $9,900 to provide for preparation of an Oak Tree Report;
• Second and Third Amendments (December 2019 and 2020) each to extend the term of the agreement for one year to allow time for completion of the environmental document and to obtain permits from the California Department of Fish and Wildlife (CDFW);
• Fourth Amendment (February 2022) in the amount of $77,742 to provide for incorporating the latest updates in building codes and requirements of the project’s Mitigated Negative Declaration (MND) into the project design and contract documents. The Amendment also extended the agreement term through December 31, 2023; and
• Fifth Amendment (July 2022) in the amount of $146,173 to provide for engineering support, specialty inspection, and testing services during the construction phase of the project.

On March 14, 2022, the project’s MND was approved by the Planning Commission.

Consultant and staff incorporated all required mitigation measures into the project’s plans and specifications.

On July 5, 2022, City Council awarded the construction contract to Beador Construction Company, Inc. in the amount of $2,155,300, plus a contingency of $215,500. The start of construction has been postponed until September 2023 to accommodate CDFW’s prohibition on construction during bird nesting season and supply chain/procurement issues.

DISCUSSION/ANALYSIS:

Additional professional services by Stantec are required to prepare construction documents for habitat restoration and post-construction mitigation, per CDFW permit requirements. The Sixth Amendment to Professional Services Agreement with Stantec will provide for the design of planting and irrigation systems, preparation of contract documents, and engineering support during the bid for the construction of the habitat restoration following the completion of the bridge construction.

Item No.9H
Conejo Canyons Bridge at HCTP (CI 5527)
July 11, 2023

Page 3 ends

Staff recommends approval of the Sixth Amendment to Professional Services Agreement No. 11855-2018 with Stantec (Attachment #2) in the amount of $37,853 for a new not-to-exceed total amount of $396,460 and extending the term of the Agreement to June 30, 2024.

The estimated total project cost is as follows:

Design/Environmental phase (Approved) $ 275,649
City Furnished Materials (Approved) $ 10,000
Construction Phase Support Services/Testing (Approved) $ 146,173 Construction (Approved) $ 2,155,300
Construction Contingency (Approved) $ 215,500
Construction Environmental Services (Approved) $ 122,745 Landscape Restoration Design – 6th Amendment (This Action) $ 37,853 Landscape Restoration (Future) $ 250,000
County Permitting & Inspection (Future) $ 35,000
Total $ 3,248,220
The estimated project completion timeline is as follows:

Start Site Construction September 2023
Complete Bridge Construction January 2024
Habitat Restoration Spring 2024
Construction Completion Summer 2024
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)].

Community Outreach: The project’s MND was published for public review in November 2021 and was presented to Planning Commission on March 14, 2022.

A dedicated project website has been created: www.toaks.co/ccbridge where updated project information will be provided throughout the construction phase.

Staff will also coordinate with CRPD and COSCA related to any potential trail impacts during the construction of the bridge and the access road.

This project meets City Council’s Top Ten Priorities #6 to “Public Works + Infrastructure Investments across the community”.

CIP PROJECT PRIORITY (as outlined in FY 2023-24 & FY 2024-25 CIP Program Budget): Priority Two – Necessary, but not essential, and there could be consequences if deferred
Item No.9H
Conejo Canyons Bridge at HCTP (CI 5527)
July 11, 2023

Page 4 ends

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

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

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

PREPARED BY: Saeed Zolfaghari, Associate Engineer
Attachments:

Attachment #1 – Vicinity and Location maps
Attachment #2 – Sixth Amendment to Stantec Agreement
DPW: 850-20\etm\H:\Council\2023\071123\CI 5527 Conejo Canyons Bridge at HCTP staff report.docx Item No.9H

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Conejo Canyons Bridge at Hill Canyon Treatment Plant (CI 5527)

VICINITY MAP

LOCATION MAP
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Hill Canyon Rd
Rancho Conejo

PROJECT

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ATTACHMENT #1
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PROPOSED IMPROVEMENT
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ATTACHMENT #2

Project Name: Conejo Canyons Bridge at Hill
Canyon Treatment Plant (Cl 5527)

SIXTH AMENDMENT TO

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AND

STANTEC CONSULTING SERVICES
Contract No. 11855-2018
THIS SIXTH AMENDMENT to the Agreement for Professional Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation, (hereafter “City”) and STANTEC CONSULTING SERVICES (“Consultant”), entitled Conejo Canyons Bridge at Hill Canyon Treatment Plant (CI 5527), and dated September 25, 2018 and amended on May 23, 2019; December 6, 2019; December 24, 2020; February 22, 2022; and July 5, 2022 (herein “Contract”) is made this 11th day of July 2023.

RECITALS
A. Section 3 of Contract, currently, and as may have been previously amended, provides for a “not-to-exceed” total payment as consideration to Consultant of $358,607 for services generally and briefly described as Consultant’s services in connection with the preparation of the contract documents for the project’s postconstruction habitat restoration including planting and irrigation.

B. Section 5 of Contract, currently, and as may have been previously amended, provides for a termination date of December 31, 2023.

C. City and Consultant desire to extend the date of the Contract.

D. City is in need of expanding the Scope of Services to be performed under the present Contract, and Consultant is desirous of performing such and receiving additional compensation for said extra services.

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

Item No.9H
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Part 1. The following services to be performed by Consultant are added to the Scope of Services listed in Section 2 of Contract, such section is hereby amended to add and also include the following services, and Exhibit A-6 is hereby added to the Contract:

Additional design and engineering services related to preparation of contract documents for planting and irrigation systems, and engineering support during the bid and construction phases in connection with Conejo Canyons Bridge at Hill Canyon Treatment Plant post construction mitigation, as more fully described in Exhibit A-6 attached hereto and incorporated herein.

Part 2. The sum of $37,853 is added as compensation to Consultant under the present Contract for the above-described additional services, and Subsection 3 (a) of Contract is hereby amended to read in its entirety as follows. Exhibit B is hereby replaced in its entirety by Exhibit B-6, attached hereto and incorporated herein by reference.
(a) Maximum and Rate. The total compensation payable to Consultant by City for the services under this Agreement SHALL NOT EXCEED the sum of $396,460, and shall be earned as the work progresses on the following basis:

Hourly at the hourly rates and with reimbursement to Consultant for those expenses set forth in Consultant's Schedule of Fees marked Exhibit "B-6", attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon Consultant until December 31, 2023, after which any change in said rates and expenses must be approved in writing by City's Project Manager (City is to be given 60 days’ notice of any rate increase request), provided the not to exceed amount is the total compensation due Consultant for all work described under this Agreement.

Part 3. The Contract is extended for a period of 6 months and Section 5 is hereby amended in part to read as follows:

The term of this Agreement is from the date first written above to June 30, 2024, unless the term of this Agreement is extended or the Agreement is terminated as provided for herein.

Item No.9H
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IN WITNESS WHEREOF, the parties execute this Sixth Amendment to Contract as of the date set forth above.

STANTEC CONSULTING SERVICES
_____________________________
Hady Izadpanah, Senior Principal
_____________________________
Derek Rapp, Principal

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.9H
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EXHIBIT A-6

SIXTH AMENDMENT
CI 5527- Conejo Canyons Bridge at HCTP

SCOPE OF WORK
Consultant shall provide services as listed under the following Tasks:

Task 1: Project Coordination & Meetings

1.1 Take the lead in coordinating all project activities, including project meetings and coordination with staff, deliverables, submissions, and similar coordination efforts consistent with the scope of work.

Task 2: Review Project Data

2.1 Review documentation provided by the City and other discipline leads of the project including preliminary review comments, Biologist Habitat Restoration Plan, assessment reports, photos, and documentation provided by outside sources.

Task 3: Planting & Irrigation Plans

3.1 Based on information gathered from Task 2, design a 20-scale planting plan for areas 1 and 3. The plan shall identify the various plants (scientific and common names), the sizes and the amount to be planted per area.

3.2 Based on the information gathered in Task 2, and the planting described in Task

3.1, design a temporary above-grade irrigation system. The irrigation system shall include above-grade irrigation application using bubbler heads to the trees and above-grade drip tubing and/or emitters to container plants installed at Site 1 and bubblers to the trees installed at Site 3 as identified in the Biologist’s Habitat Restoration Plan.

3.3 Include Installation details for the planting and irrigation elements in the plan sheets.

3.4 Provide irrigation calculations including pressure and flow calculations. The pressure critical analysis for each area shall be posted on the irrigation sheets.

3.5 Provide general planting and irrigation specifications/notes on the plans.

3.6 Provide notes on the plans to direct the Contractor to the Biologist’s Habitat Restoration Plan for planting and irrigation performance criteria. Notes on the plan shall also state that bidder must show proof of similar work (habitat restoration).

3.7 Prepare an opinion of probable construction cost (OPCC) based on the final plan set. The OPCC shall include construction elements, the establishment and monitoring will be excluded.

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Task 4: Bid and Construction Support

4.1 Review and respond to requests for information (RFI) during the bid and the construction phases of the project.

OPTIONAL Task 5: Inclusion of Area 2 in Planting and Irrigation Plans

5.1 Site 2, the riparian area, is specified to receive cuttings rather than container stock. The Biologist’s Habitat Restoration Plan identifies this area not to receive supplemental water. However, if the City determines that supplemental irrigation is preferred, this area shall be added to the plan set. Irrigation of this area will require an overhead sprinkler application rather than the drip and bubblers used on the other areas. The water source will be a water truck. Details, specifications/notes and an OPCC will be included with the other areas.

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Item No.9H
TO: Andrew P. Powers, City Manager
FROM: Clifford G. Finley, Public Works Director
DATE: July 11, 2023
SUBJECT: Bus and Car Wash Project (CI 5468)
RECOMMENDATION:

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

FINANCIAL IMPACT:

No Additional Funding Requested. $1,640,500 is included in the Adopted FY 2023-24 Capital Budget with an additional $127,500 in project carryover for a total budget of $1,768,000. The project is funded in part with $836,000 Federal 5307 funds and $342,500 earmarked Transportation Development Act (TDA). The total estimated cost of the project is $2,351,949. Any funding shortfall, at the time of construction contract award, will be provided by Federal 5307 and/or TDA funds.

No additional appropriation of City funds will be required.

BACKGROUND:

The City’s existing bus and car wash facility located at the Municipal Service Center (MSC) was constructed in 1993 and has reached the end of its useful life (Attachment #1). The current facility is now mechanically and technologically outdated, requires frequent repairs and maintenance, and is no longer as effective in thoroughly cleaning buses and other vehicles. Additionally, the existing Item No.9I
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configuration of the facility makes it difficult for larger vehicles to enter and exit the wash. When operating under ideal circumstances, the facility has the capacity of providing 800 to 1,000 washes per month, however; the existing wash is not being used at that level due to the issues referenced.

DISCUSSION/ANALYSIS:

The City is proposing to construct a new fully enclosed replacement bus and car wash facility that will include the latest technology and equipment and will be constructed at approximately the same location as the current facility, but with an updated design to meet the needs of larger vehicles. In addition, full water capture and solar power are included as part of the design elements.

In accordance with Government Code section 4526 and Thousand Oaks Municipal Code section 3-10.401, on April 14, 2023, the City publicly advertised a formal Request for Proposals/Qualifications (RFP/Q) for engineering professional services in connection with the Bus and Car Wash Project (CI 5468). The RFP/Q was published in the Thousand Oaks Acorn newspaper and on the City’s eprocurement website.

Unlike the low bid requirements of the Public Contract Code, contracts for professional, management, general or special services should only be awarded to firms or persons who have demonstrated an adequate level of experience, competence, training, credentials, resources, staffing, and other professional qualifications necessary for more than a satisfactory performance of the services solicited. The award of an RFP/Q is based upon a variety of factors that demonstrate best value to the agency for the solicited scope of service. The cost of the service may be considered as one of those factors, however; the lowest cost is not the sole factor in deciding who will be awarded the contract.

On May 16, 2023, the City received two proposals as follows:

1. Huitt Zollars (Thousand Oaks, CA)

2. Stantec Consulting Services, Inc. (Los Angeles, CA)
A team of Public Works engineering and operations staff evaluated the proposals based on the following criteria:

1. Project understanding and approach;

2. Relevant experience (projects of similar size and scope);

3. Quality, clarity, responsiveness, and conformance with terms of the RFP/Q;

4. Qualifications and availability of key persons working on the project; and Item No.9I
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5. Reasonableness of schedule and estimated level of effort dedicated to complete each task.

After careful review and consideration of both firms’ qualifications and project team/approach, the proposal from Stantec Consulting Services, Inc. (Stantec) was determined to best fit the City’s needs for this project. Detailed scope of work and consulting fees have been negotiated and finalized with Stantec. Staff recommends approval of the Professional Services Agreement with Stantec (Attachment #2).

PROJECT COST SUMMARY
Design (this action) $ 406,949
Design Extra Services (this action) $ 40,000
City Furnished Materials/Services(this action) $ 5,000
Total Design Cost
Construction Cost Estimate (Future)
Total Estimated Project Cost
$ 451,949
$1,900,000
$2,351,949

PROJECT SCHEDULE
Design Completion Winter 2024
Bid process & Award Spring 2024
Construction Completion Summer 2025
Staff will return to City Council for authorization to bid on the construction of the project in Winter 2024.

The project is funded in part with set aside Federal 5307 funds ($836,000) and earmarked TDA funds of up to $1,000,000. Construction of the proposed wash facility will not negatively impact transit operations funding and transit’s financial support for street and road maintenance funding.

Community Outreach: This project is limited to work at the MSC facility and does not impact neighboring residences. The new bus and car wash will replace an existing bus wash facility and will have limited impact to MSC operation.

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)].

This project meets City Council’s Top Ten Priorities #6 to “Invest in Public Works + Infrastructure Investments across the community”.

Item No.9I
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CIP PROJECT PRIORITY (as outlined in FY 2023-24 & FY 2024-25 CIP Program Budget)
Priority Two – Necessary, but not essential, and there could be consequences if deferred.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goal:

PREPARED BY: Saeed Zolfaghari, Associate Engineer
Attachments:

Attachment #1 – Vicinity Map and Location Maps
Attachment #2 – Professional Services Agreement with Stantec DPW: 850-20\etm\H:\Common\Council\2023\07/11/2023 CI 5468 Bus and Car Wash staff report.docx Item No.9I

PROJECT

LOCATION
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VICINITY MAP

LOCATION MAP
ATTACHMENT #1
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ATTACHMENT #2
Project Name: Bus and Car Wash (CI 5468)

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF THOUSAND OAKS
AND
STANTEC CONSULTING SERVICES INC.

THIS AGREEMENT is made and entered into this 11th day of July, 2023, by and between CITY OF THOUSAND OAKS, a municipal corporation ("City"), and STANTEC CONSULTING SERVICES INC. ("Consultant").

City and Consultant agree as follows:

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

2. DESCRIPTION OF SERVICES
The services to be performed by Consultant are as follows:

Professional services in conjunction with Bus and Car Wash Improvements at Municipal service Center (MSC). Services and deliverables shall generally include design, preparation of Contract Documents, and engineering support during the bid phase, and as more particularly set forth in the Scope of Work, attached as Exhibit “A,” which is incorporated herein by reference.

3. COMPENSATION AND PAYMENT
(a) Maximum and Rate. The total compensation payable to Consultant by City for the services under this Agreement SHALL NOT EXCEED the sum of $406,949 (herein "not to exceed amount"), and shall be earned as the work progresses on the following basis:

Hourly, at the hourly rates and with reimbursement to Consultant for those expenses set forth in Consultant's Schedule of Fees, attached as Exhibit "B" and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon Consultant until December 31, 2023, after which any change in the rates and expenses must be approved in writing by City's Project Manager (City is to be given 60 days’ notice of any rate increase request), provided the not to exceed amount is the total compensation due Consultant for all work described under this Agreement.

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(b) Prevailing Wage. Consultant may be obligated to pay prevailing wages under the California Labor Code. Consultant 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 Consultant to be familiar with the California Labor Code as it relates to this Agreement, and failure or neglect of Consultant to understand the California Labor Code shall in no way relieve Consultant from any obligations.
(c) Department of Industrial Relations Requirements. Consultant’s work may be subject to the payment of not less than prevailing wages under California Labor Code Sections 1720 and 1770 et seq. and subject to compliance monitoring and enforcement by the Department of Industrial Relations. No consultant or subcontractor may be awarded a contract for public work unless registered with the Department of Industrial Relations, pursuant to California Labor Code Section 1725.5. Consultant’s DIR registration number is 1000052926.
(d) Payment. Consultant shall provide City with written verification of the actual compensation earned, in a form satisfactory to City's Project Manager. Invoices shall be made no more frequently than on a monthly basis, and describe the work performed (including, if applicable, a list of hours worked by personnel classification). All payments shall be made within 30 days after City’s approval of the invoice. (e) 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
The services to be performed by Consultant shall be accomplished under the general direction of, and coordinate with, City's "Project Manager", as that staff person is designated by City from time to time, and who presently is Saeed Zolfaghari.

5. TERM, PROGRESS AND COMPLETION
The term of this Agreement is from the date first written above to June 30, 2024 unless term of this Agreement is extended or the Agreement is terminated as provided for herein.

City Manager or his or her designee shall have the authority to extend the term of this Agreement in writing no more than 3 separate times, for a period of 1 year each.

Extensions of time shall be memorialized by execution of a written amendment.

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

All services shall be completed within the term of this Agreement.

6. OWNERSHIP OF DOCUMENTS
All drawings, designs, data, photographs, reports and other documentation (other than Consultant's drafts, notes and internal memorandum), including duplication of same prepared by Consultant in the performance of these services, are the property of City.

City shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when requested by City. City agrees to hold Consultant harmless from all damages, claims, expenses, and losses arising out of any reuse of the plans, specifications, graphics, brochures, reports, and other documentation for purposes other than those described in this Agreement, unless written authorization of Consultant is first obtained.

7. PERSONAL SERVICES/NO ASSIGNMENT/SUBCONTRACTS
This Agreement is for professional services, which are personal to City.

Patrick M. McKelvey is deemed to be especially experienced and is a key member of Consultant's firm, and shall be directly involved in performing, supervising or assisting in the performance of this work. This key person shall communicate with, and periodically report to, City on the progress of the work. Should said individual be removed from assisting in this contracted work for any reason, City may terminate this Agreement.

This Agreement is not assignable by Consultant without City's prior written consent.

The following portions of the work described in this Agreement may be subcontracted out to other parties by Consultant: cost estimating and engineering design services for mechanical, electrical, and plumbing work.

8. HOLD HARMLESS AND INDEMNITY
(a) Hold Harmless for Consultant's Damages. Consultant holds City, its elected officials, officers, agents, employees and volunteers, harmless from all of Consultant's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to Consultant, to Consultant's employees, to Consultant’s contractors or subcontractors, or to the owners of Consultant'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. To the maximum extent allowed by law, Consultant shall indemnify, defend with legal counsel approved by Item No.9I
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City, and hold harmless City, its officers, officials, 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 Consultant’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 Consultant, or should City otherwise find Consultant’s legal counsel unacceptable, then Consultant shall reimburse City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The Consultant 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 Consultant’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 of this Agreement.

Consultant’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, Consultant 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 the Consultant 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 Consultant's indemnification of City, and prior to commencement of Work, Consultant 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 and in a form that is satisfactory to City.

Coverage shall be at least as broad as:
(a). Commercial General Liability (CGL): Consultant shall, at Consultant's sole cost and expense and throughout the term of this Agreement, and any extensions Item No.9I
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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 without limitation, blanket contractual liability. (b). Automobile Liability: Consultant shall, at Consultant'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 Consultant 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: Consultant shall, at Consultant'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. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected officials, officers, agents, employees and volunteers for all work performed by Consultant, its employees, agents and subcontractors. (d). Professional Errors and Omissions Insurance: Consultant shall, at Consultant’s sole cost and expense throughout the term of this Agreement, and any extensions thereof, carry professional errors and omissions coverage of no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate, with tail coverage for an extended reporting period of three (3) years.

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

Other Insurance 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 Consultant 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 Consultant’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, Consultant 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.

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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 no-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 Consultant, or City will withhold amounts sufficient to pay premium from Consultant’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 Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation.

Primary and Non-Contributory Coverage
For any claims related to this Agreement, Consultant'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 officers, officials, employees or volunteers shall be excess of Consultant's insurance and shall not contribute with it and shall 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 Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

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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 Consultant or others providing insurance evidence in compliance with these specifications - to waive their right of recovery prior to a loss. Consultant 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.
(c). If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a Retroactive Date prior to the Agreement effective date, Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.

Verification of Coverage
Consultant 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 Consultant'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.

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Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant 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.

11. CORRECTIONS
In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work that may be disclosed during City's review of Consultant's report or plans. Should Consultant 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 Consultant or withheld from any funds due to Consultant hereunder.

12. TERMINATION BY CITY
City may terminate without cause any or all of the services agreed to be performed under this Agreement upon 30 calendar days’ written notice. If termination is for cause, no advance notice need be given. In the event of termination, Consultant 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 Consultant within 30 days following submission of a final statement by Consultant unless termination is for cause. In such event, Consultant shall be compensated only to the extent required by law.

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13. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by Consultant 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 Consultant for anything done, furnished, or relating to Consultant'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 10 calendar days of the receipt of that check.

However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, 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 Consultant, its employees, subcontractors, agents and consultants.

14. AUDIT OF RECORDS
Consultant 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 of this Agreement. Consultant 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. Consultant 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 Consultant with respect to this Agreement.

15. 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. All of the remedies permitted or available to a party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.

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16. CONFLICT OF INTEREST
Consultant is unaware of any City employee or official that has a financial interest in Consultant's business. During the term of this Agreement and/or as a result of being awarded this Agreement, Consultant shall not offer, encourage or accept any financial interest in Consultant's business by any City employee or official.

17. CONSTRUCTION OF LANGUAGE OF AGREEMENT
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. It shall be construed consistent with the provisions hereof, in order to achieve the objectives and purposes of the parties. 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.

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. GOVERNING LAW
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. Should litigation occur, venue shall be in Superior Court of Ventura County.

20. TAXPAYER IDENTIFICATION NUMBER
Consultant 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.

21. NON-APPROPRIATION OF FUNDS
Payments due and payable to Consultant 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 Consultant’s services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year.

22. 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 and Consultant.

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23. USE OF THE TERM “CITY”
Reference to “City” in this Agreement includes the City Manager or any authorized representative acting on behalf of City.

24. PERMITS AND LICENSES
Consultant, at its sole expense, shall obtain and maintain during the term of this Agreement all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

25. CAPTIONS
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.

26. 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.

27. ENTIRE AGREEMENT BETWEEN PARTIES
Except for Consultant's proposals and submitted representations for obtaining this Agreement, this Agreement supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering of services and contains all of the covenants and agreements between the parties with respect to said services.

28. 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.

29. FEDERAL REQUIREMENTS
Consultant acknowledges that federal funds are being used for this Agreement and that Consultant is required to comply with all material obligations required by federal or state law in reporting work completed with said funds, and certifies that Consultant and its subcontractors are eligible to participate in the Federally funded contract, pursuant to the “System for Award Management (SAM)” database, as maintained by the General Services Administration and required by 2 CFR, part 180.

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Consultant shall also comply with the federal Americans with Disability Act, Public Law 101-336, and observe the disability discrimination prohibitions of such laws in the performance of the work required under this Agreement.

Consultant shall also comply with the Federal Transit Administration (FTA) requirements provided in Exhibit "C".

30. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by submitting said notice via email as follows:

TO CITY: Saeed Zolfaghari
Public Works Department
City of Thousand Oaks
2100 Thousand Oaks Blvd.

Thousand Oaks, CA 91362
[email protected]
TO CONSULTANT: Patrick M. McKelvey, AIA, PQP
Senior Principal
Stantec Consulting Services, Inc.
801 S. Figueroa
Suite 300
Los Angeles, CA 90017

31. 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 Item No.9I
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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 above written.

STANTEC CONSULTING SERVICES, INC.

Patrick M. McKelvey, Senior Principal
Christopher Wilson, Vice President

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
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EXHIBIT A
Scope of Work
CI 5468- Bus Wash
Consultant shall perform the following tasks:

TASK 1 – Preliminary Design
Task 1.1: Work Plan and Schedule
Prepare a work plan and project schedule with milestones, major activities, and deliverables for City review. Based on the City's comments, Consultant shall update the work plan and schedule.

Task 1.2: Kick-Off Meeting
Meet with City staff to discuss project scope and purpose, requirements, and details. The project work plan and schedule from Task 1.1 shall be presented at the Kick-off Meeting.

Task 1.3: Existing Bus Wash / Wash Rack Analysis

1.3.1) Conduct field investigations of the existing bus wash at the MSC, in conjunction with review of existing as-built drawings. Analysis shall include investigation and review of existing wash equipment, wash rack area, grease catcher, underground and above ground piping, plumbing and fire sprinklers as well as lighting power and communication services available for the project. The investigation shall also include potholing to locate existing underground piping as necessary.

1.3.2) Meet with selected Fleet and Operation staff to discuss their issues of concern.

Task 1.4: Data Collection
Collect and review available record data from the City. Data includes record documents, existing utility plans, property monument data, topographic maps, and drainage and geotechnical reports.

Task 1.5: Preliminary Design Report (PDR)

1.5.1) Review and compare existing system with the most current available Bus and Car Wash system in the industry and prepare the layout (conceptual plan) for the proposed improvements.

1.5.2) Provide layout alternatives for wash system ingress and egress, along with recommended alternative.

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1.5.3) Provide underground utility report and recommendations for required relocations.

1.5.4) Submit draft PDR and organize a workshop with the City to present and discuss the proposed improvements and collect feedback before preparation of the final PDR.

1.5.5) Incorporate the results of Task 1.5.4 and prepare a final PDR and construction cost estimate with and without optional car wash.

Consultant shall take following items into consideration when preparing the PDR:
• The optional car wash shall be capable of washing standard vehicles, standard pickup trucks, and standard vans.
• The proposed bus wash shall serve standard and cutaway buses up to 40 feet long (No bus longer than 40 ft) and shall be equipped with blower/dryer. • The proposed bus wash shall meet all requirements of EV buses. • The proposed bus wash (and possible car wash) shall be fully enclosed. • The design shall include roof top solar system to offset the power consumption as much as possible.
• 100 percent water capture, treatment and reuse are required. • The new wash rack shall be connected to the existing oil water separator / clarifier.

TASK 2 – Final Design
Task 2.1: Surveying
Prepare the final topographic/utility base map from acquired field data at a scale of 1"=20' with one-foot contour intervals. Property boundaries shall be retraced along the proposed improvements and shown on the map based upon field located monuments and record information.

Task 2.2: Geotechnical Investigation
Review and use the existing geotechnical report.

Task 2.3: 30 percent Design
Based on the final PDR, prepare plans at proper scale for the new wash system, wash rack and canopy/enclosure along with a detailed construction estimate, for City staff to review and comment.

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Task 2.4: 90 percent Design
Prepare and submit 90 percent Plans, Specifications, and Cost Estimate (PS&E), incorporating all comments from the 30 percent PS&E.

Task 2.5: 100 percent Design
Prepare and submit for City review the 100 percent PS&E, incorporating all comments from the previous reviews. Incorporate the final review comments and prepare the final set of PS&E ready for advertising for bids.

Task 2.6: Project Meetings
Take the lead in coordinating all project activities, including coordination with staff, deliverables, submissions, and similar coordination efforts consistent with the scope of work. At a minimum, Consultant shall allow for the following project meetings:

2.6.1) 30 percent PS&E Review Meeting: Consultant shall attend the 30 percent PS&E review meeting and present the 30 percent design upon preparation of plans, specifications and cost estimate.

2.6.2) 90 percent PS&E Review Meeting: Consultant shall attend the 90 percent PS&E meeting and present the 90 percent design upon preparation of plans, specifications and cost estimate.

TASK 3 – Bid Support Services
Provide engineering support services as required during the construction bid/award phase for any questions/clarifications from the contractors regarding the contract documents, and prepare and issue revisions that may be necessary. Such services shall include:

Task 3.1: Attend and handle a pre-bid meeting with prospective bidders and take the necessary notes for issuance of potential addendum.

Task 3.2: Respond to up to 4 Requests for Information (RFIs) Task 3.3: Provide up to 3 addenda as necessary.

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EXHIBIT B

SCHEDULE OF FEES

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EXHIBIT C

FEDERAL TRANSIT ADMINISTRATION (FTA) REQUIREMENTS

1. FEDERAL CHANGES
The Contractor shall at all times comply with all applicable Federal Transit Administration (FTA) regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the grant agreements between the Ventura County Transportation Commission (VCTC) and FTA, as they may be amended or promulgated from time to time during the term of this contract. Failure by the Contractor to so comply shall constitute a material breach of this contract. In the event any such changes significantly affect the cost or the schedule to perform the work, the Contractor shall be entitled to submit a claim for an equitable adjustment under the applicable provisions of this contract.

2. NO GOVERNMENT OBLIGATIONS TO THIRD PARTIES
The City and the Contractor acknowledge and agree that, notwithstanding any occurrence by the Federal Government in or approval of this solicitation or award of this Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to City, the Contractor, or any other party (whether or not a party to this Contract) pertaining to any matter resulting from this Contract.

The Contractor agrees to include the above clause in each subcontract financed in whole or part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

3. DISADVANTAGED BUSINESS PARTICIPATION
The Ventura County Transportation Commission (VCTC) has established a DBE Program pursuant to 49 C.F.R. Part 26, which applies to this Contract. The requirements and procedures of VCTC’s DBE Program are hereby incorporated by reference into this Agreement. Failure by any party to this Contract to carry out VCTC’s DBE Program procedures and requirements or applicable requirements of 49 C.F.R. Part 26 shall be considered a material breach of this Contract, and may be grounds for termination of this Agreement, or such other appropriate administrative remedy. Each party to this Agreement shall ensure that compliance with VCTC’s DBE Program shall be included in any and all sub-agreements entered into which arise out of or are related to this Agreement.

The goal for DBE participation for this contract is 7%. Participation by DBE consultant or subconsultants shall be in accordance with information contained in the Consultant Proposal DBE Commitment (Exhibit C-1), or in the Consultant Contract DBE information (Exhibit C-2) attached hereto and incorporated as part of the Contract. If a DBE Item No.9I
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subconsultant is unable to perform, Contractor must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

Contractor’s failure to make good faith efforts to comply with VCTC’s DBE Program shall be considered a material breach of this Contract and may give rise to certain administrative penalties and proceedings, including, but not limited to, those set forth in 49 C.F.R. Part 26.107.

4. PAYMENTS TO SUBCONTRACTORS
No later than Thirty (30) working days after receiving payment of retention from City for work satisfactorily performed by any of its subcontractors for services rendered arising out of or related to this Agreement, Contractor shall make full payment to its subcontractors of all compensation due and owing under the relevant subcontract agreement, unless excused by City or good cause and at City’s sole discretion.

Contractor may only delay or postpone any payment obligation (or retention) to any of its subcontractors for services rendered arising out of or related to this Agreement where, in CITY’s sole estimation, good cause exists for such a delay or postponement. All such determinations on CITY’s part that good cause exists for the delay or postponement of Contractor’s payment obligation to its subcontractor must be made prior to the time when payment to the subcontractor would have been otherwise due by Contractor.

5. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the “Contractor”), and subcontractors agree as follows:

A. COMPLIANCE WITH REGULATIONS:

The Contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter “DOT) Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (“Regulations”), which are herein incorporated by reference and made a part of this contract.

B. NONDISCRIMINATION
In accordance with Title VI of the Civil Rights act, as amended, 42 U.S.C. 200d section 3 03 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. 12132, and Federal Transit laws at 49 U.S.C. 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, Item No.9I
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the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

C. EQUAL EMPLOYMENT OPPORTUNITY
The following equal employment opportunity requirements apply to this Contract:

1. Race, Color, Creed, National Origin, Sex – In accordance with title VII of the Civil Rights Act, as amended, 42 U.S.C. 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of the U.S. Department of Labor (USDOL) regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 CFR Parts 60 et seq., (which implement Executive Order No. 11246 Relating to Equal Employment Opportunity,” as amended by Executive Order No. 11375, “Amending Executive Order No. 11246 Relating to Equal Employment Opportunity,” 42 U.S.C. 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the work performed under this Contract. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment of recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the contractor agrees to comply with any implementing requirements FTA may issue.

2. Age – In accordance with section 4 of the Age discrimination in Employment Act of 1967, as amended, 29 U.S.C. 623 and Federal Transit laws at 49 U.S.C. 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reasons of age. In addition, the contractor agrees to comply with any implementing requirements FTA may issue.

3. Disabilities – In accordance with Section 102 of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

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4. Immigration and Naturalization Act of 1986 – In connection with the execution of this Contract, the Contractor must comply with all aspects of the federal Immigration and Naturalization Act of 1986.

D. SOLICITATIONS FOR SUBCONTRACTORS, INCLUDING PROCUREMENT OF MATERIALS AND EQUIPMENT:

In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor’s obligations under this contract and the Regulations relative to non-discrimination on the grounds of race, color, or national origin.

E. INFORMATION AND REPORTS:

The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by VCTC or the FTA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to VCTC or the FTA as appropriate, and shall set forth what efforts it has made to obtain the information.

F. SANCTIONS FOR NONCOMPLIANCE:

In the event of the Contractor’s noncompliance with nondiscrimination provisions of this contract, City shall impose contract sanctions as it or the FTA may determine to be appropriate, including, but not limited to:

1. withholding of payments to the Contractor under the contract until the Contractor complies; and/or

2. cancellation, termination, or suspension of the contract, in whole or in part.

G. INCORPORATION OF PROVISIONS:

The Contractor shall take such action with respect to any subcontract or procurement as City, or the Federal Transit Administration may direct as a means of enforcing such provisions including sanctions for noncompliance:
provided, however, that, in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request City, and in addition, the Contractor may Item No.9I
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request the United States to enter into such litigation to protect the interests of the United States.

H. SUBCONTRACTS
The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.

6. ACCESS TO RECORDS AND REPORTS
The Contractor agrees to provide City, the FTA Administrator, the Comptroller General of the United States or of any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this Contract for the purposes of making and conducting audits, inspections, examinations, excerpts, and transcriptions.

The Contractor also agrees, pursuant to 49 CFR 633.1.7, to provide the FTA Administrator or his or her authorized representatives, including any Project Management Oversight (PMO) contractor, access to the Contractor’s records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described in 49 U.S.C. 5307, 5309 or 5311. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

The Contractor agrees to maintain all books, records, accounts and reports required under this Contract for a period of not less than three years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case the Contractor agrees to maintain such books, records, account and reports until the City, the FTA Administrator, the Comptroller general, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto.

7. SUBCONTRACTORS’ CERTIFICATE REGARDING DEBARMENT,

SUSPENSION, INELIGIBILITY OR VOLUNTARY EXCLUSION
A. The Contractor shall include in each subcontract exceeding $100,000, regardless of tier, a clause requiring each lower tiered subcontractor to provide the certification set forth in paragraph B of this section. Each subcontract, regardless of tier, shall contain a provision that the subcontractor shall knowingly enter into any lower tier subcontract exceeding $100,000 with a person who is disbarred, suspended or declared ineligible from obtaining federal assistance funds. If a proposed Item No.9I
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subcontractor is unable to certify to the statements in the following certification, the Contractor shall promptly notify City and provide all applicable documentation.

B. Each subcontractor with a subcontract exceeding $100,000 shall certify as follows:

Subcontractor’s Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion

1. _____________________________(“subcontractor”) certifies, by submission of its proposal to _________________________ (“Contractor”), that neither it nor its “principals” (as defined in 49 CFR 29.105(p)1 is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in contracts by any Federal department or agency.

2. If subcontractor is unable to certify to the statements in the certification, subcontractor has attached a written explanation to its proposal to the Contractor.

8. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND

RELATED ACTS
The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. 3801 et seq. And U.S. Department of Transportation (DOT) regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, apply to its actions pertaining to this Contract. Upon execution of this Contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to this Contract or the FTA assisted project for which this work under this Contract is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.

The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. 5307, the Government reserves the right to impose the penalties of 18 U.S.C. 1001 and 49 U.S.C. 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate.

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The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

9. LOBBYING
Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.

10. ENVIRONMENTAL REQUIREMENTS
The Contractor agrees to comply with all applicable standards, orders or requirements as follows:

A. Clean Air
The contractor shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any work performed pursuant to the Contract, including any air pollution control rules, regulations, ordinances and statutes, specified in Section 1 1017 of the California Government Code. All Contractors and suppliers shall be required to submit evidence, if requested, to Citys that the governing air pollution control criteria will be met.

The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 under this Contract.

B. Clean Water
The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seg. The Contractor agrees to report each violation to City. City will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

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The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 under this Contract.

C. Energy Conservation
The Contractor shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the federal Energy Policy and Conservation Act (42 U.S.C., Section 6321 et seq.).

11. RECYCLED PRODUCTS
The Contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended, 42 U.S.C. 6962, including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as the apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.

12. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS The provisions in this Section (FTA Requirements) include, in part, certain Standard Terms and Conditions required by the U.S. Department of transportation (DOT), whether or not expressly set forth in the preceding provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, dated November 1, 2008 as it may be amended from time to time, are hereby incorporated in this Contract reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. The Contractor shall not perform any act, fail to perform any act or refuse to comply with any requests of the VCTC which would cause the VCTC to be in violation of the FTA terms and conditions.

13. BREACHES AND DISPUTE RESOLUTION PROCEDURE
Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of City. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the City. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the City shall be binding upon the Contractor and the Contractor shall abide be the decision.

Performance During Dispute - Unless otherwise directed by City, Contractor shall continue performance under this Contract while matters in dispute are being resolved.

Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, Item No.9I
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agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage.

Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the City and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State of California.

Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the City, Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.

14. TERMINATION
Termination for Convenience - The City, by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the Recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination.

Termination for Default [Breach or Cause] - If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract.

If it is later determined by the City that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience.

Opportunity to Cure (General Provision) - The City in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions.

If Contractor fails to remedy to City's satisfaction the breach or default or any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor Item No.9I
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or written notice from City setting forth the nature of said breach or default, City shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude City from also pursuing all available remedies against Contractor and its sureties for said breach or default.

Waiver of Remedies for any Breach - In the event that City elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by City shall not limit City's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract.

15. FLY AMERICA
The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 30110, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation.

16. CARGO PREFERENCE
The Contractor agrees:
a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill-of-lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel.

Item No.9I
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Exhibit A
Lobbying Certification
As required by U.S. DOT regulations, “New Restrictions on Lobbying,” at 49 CFR

20.110, I certify to the best of my knowledge and belief that for each application for federal assistance exceeding $100,000: (1) No Federal appropriated funds have been or will be paid, by or on behalf of Stantec Consulting Services Inc., to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress pertaining to the award of any Federal assistance, or the extension, continuation, renewal, amendment, or modification of any Federal assistance agreement; and (2) If any funds other than Federal appropriated funds have been or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any application to FTA for Federal assistance, I assure that Standard Form-LLL, “Disclosure Form to Report Lobbying,” would be submitted and would include all information required by the form’s instructions.

I understand that this certification is a material representation of fact upon which reliance is placed and that submission of this certification is a prerequisite for providing Federal assistance for a transaction covered by 31 U.S.C. 1352. I also understand that any person who fails to file a required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. _________________________________
Principal Signature & Title of Authorized Official
_________05/16/2023________
Date
Item No.9I
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Page 29 ends

Exhibit B
Suspension and Debarment Certification

CERTIFICATION OF PRIMARY PARTICIPANT REGARDING DEBARMENT,

SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
The Primary Participant (applicant for an FTA grant or cooperative agreement, or Potential Contractor for a major third party contract), certifies to the best of its knowledge and belief, that it and its principals:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency,

2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction,- violation of Federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and

4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (If the primary participant (applicant for an FTA grant, or cooperative agreement, or potential third party contractor) is unable to certify to any of the statements in this certification, the participant shall attach an explanation to this certification.)

THE PRIMARY PARTICIPANT (APPLICATION FOR AN FTA GRANT OR

COOPERATIVE AGREEMENT, OR POTENTIAL CONTRACTOR FOR A MAJOR THIRD PARTY CONTRACT), _________________________________

CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE

CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS
CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C.

SECTIONS 3801 ET. SEQ. ARE APPLICABLE THERETO.
___________________________________
05/16/2023
Signature of Contractor’s Authorized Official Date
Patrick M. McKelvey, Principal____
Typed Name and Title of Contractor’s Authorized Official Item No.9I
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Exhibit C – Form 1 and 2 for Demonstration of Good Faith Efforts [Forms 1 and 2 should be provided as part of the solicitation documents.]

REQUEST FOR PROPOSALS/QUALIFICATIONS
Contract Name: BUS WASH (CI 5468) WITH FTA REQUIREMENTS FORM 1: DISADVANTAGED BUSINESS ENTERPRISE (DBE) UTILIZATION The undersigned bidder/offeror has satisfied the requirements of the bid specification in the following manner (please check the appropriate space):

X The bidder/offeror is committed to a minimum of 7 percent DBE utilization on this contract.

The bidder/offeror (if unable to meet the DBE goal of 7 percent) is committed to a minimum of % DBE utilization on this contract and submits documentation demonstrating good faith efforts.

Name of bidder/offeror's firm:

Stantec Consulting Services Inc.

By
State Registration No.

(Signature) (Title)
Principal
1000052926
Item No.9I
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Exhibit C (continued) Contract Name:

Stantec Consulting Services Inc.
801 S. Figueroa, Suite 300
Los Angeles CA 90017
PBS Engineers
2100 E. Route 66, Suite 210
Glendora CA 91740
(626) 650-0350
Mechanical, Electrical, and Plumbing Engineering Design and Construction Administration support.
114,645.00
Principal

REQUEST FOR

PROPOSALS/QUALIFICATIONS BUS WASH
(CI 5468) WITH FTA REQUIREMENTS
Item No.9I
TO: Andrew P. Powers, City Manager
FROM: Clifford G. Finley, Public Works Director
DATE: July 11, 2023
SUBJECT: La Granada Reservoir Improvements (CI 5292)
RECOMMENDATION:

1. Authorize staff to reauthorize the La Granada Reservoir Improvements Project (CI 5292) for construction bids.

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

FINANCIAL IMPACT:

No Additional Funding Requested. Minimal staff time and costs required to advertise for bids are included in the Adopted FY 2023-24 Water Fund Budget. $1,450,000 is available in the Adopted FY 2023-24 Water Capital Fund Budget with an estimated additional $1,385,225 in project carryover for a total available budget of $2,835,225. The estimated total project cost is $2,606,275.

BACKGROUND:

The City's water system serves over 17,000 customers and a population of approximately 50,000. The City receives treated imported water from the Calleguas Municipal Water District and distributes water to roughly 36 percent of the City via 16 water storage reservoirs constructed between 1961 and 2002, with a total storage capacity of over 35 million gallons. Thirteen of the reservoirs are above-ground steel reservoirs, and three are partially buried concrete reservoirs.

In 2018, a Citywide Reservoir Seismic Evaluation/Structural Report was completed, which included a priority list of seismic and structural rehabilitation needed at each reservoir to maintain high operational and safety standards.

Upgrades have been completed at the Lang Ranch and Tara Reservoirs. The La Granada Reservoir (Attachment #1) which was constructed in 1989, is the next reservoir on the rehabilitation priority list to be completed.

Item No.9J
La Granada Reservoir Improvements (CI 5292)
July 11, 2023

Page 2 ends

On November 10, 2020, the City awarded a design contract to Harper and Associates Engineering (HAE) for the design of the recommended improvements at the La Granada Reservoir. The improvements included the removal and replacement of the interior and exterior coating of the reservoir and other miscellaneous operational and safety improvements including roof vent, overflow piping, access ladder, and connection of the reservoir to the suction line of the newly constructed pump station at this reservoir site.

On July 6, 2021, City Council authorized staff to advertise the project for bids. However, the posting of construction bids was postponed due to COVIDrelated material supply chain issues. Supply chain issues had a major impact on paint material availability for the project and additionally, delayed the completion of the new La Granada Pump Station at the reservoir site, which was a prerequisite for the start of the reservoir improvements project.

DISCUSSION/ANALYSIS:

Supply chain issues for the painting material have improved since the project was originally authorized for bid, and the pump station project is complete, enabling the reservoir rehabilitation project to proceed. Project plans and specifications were updated to incorporate the latest engineering requirements and are now complete and available for review upon request to the Public Works Department at [email protected] or (805) 449-2400.

Once bids are received, staff will recommend the award of the construction contract at a future City Council meeting.

Project cost estimates are as follows:

1. Design $ 71,275

2. Construction (including contingency) $ 2,400,000

3. Construction Testing/Inspection $ 130,000

4. City Furnished Materials/Services $ 5,000
Total Estimated Project Cost $ 2,606,275
The tentative schedule for completion of the project is as follows:

Bid Opening September 2023
Award of Construction Contract November 2023
Start of Construction December 2023
Project Completion Fall 2024
This project is categorically exempt from CEQA per Section 15302 (replacement/reconstruction of an existing facility).

Item No.9J
La Granada Reservoir Improvements (CI 5292)
July 11, 2023

Page 3 ends

Community Outreach: Although the project is not anticipated to impact adjacent residents, City staff will contact residents surrounding the reservoir, notifying them of project repairs before and during construction. A project website featuring schedule updates throughout the construction phase will be maintained.

This project meets City Council’s Top Ten Priorities #6 to “Public Works + Infrastructure Investments across the community”.

CIP PROJECT PRIORITY (As outlined in FY 2023-24 and FY 2024-25 CIP Program Budget): Priority Two – Necessary but not essential, and there could be consequences if deferred.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

PREPARED BY: Elaine Camia, Associate Engineer
Attachments:

Attachment #1 – Vicinity and Location Map
DPW: 850-20etm\\H:\COMMON\Council\2023\071123\ CI 5292 La Granada Reservoir Reauthorization staff report.docx Item No.9J
NWestlakeBl
ErbesRd
N Lynn Rd
N Moorpark Rd
E Janss Rd
E Kanan Rd
EThousandOaksBl
WHillcrestDr
EHillcrestDr La Granada Dr
Thousand Oaks Bl
W Janss Rd
Hampshire Rd
S Moorpark RdLynnRd
CI 5292 - La Granada Reservoir Improvements

LOCATION MAP

VICINITY MAP
Proposed
Project
!.

Hillcrest
ConejoSchool
Rye
Lone Oak Twin Oaks
Makenzie
RanchView
Wynn
MountainCrest
MountainCrest
LaGranadaReservoir
Proposed
Project
0 0.4 0.8 1.6
Miles
±
Tara
Reservoir
±
0 0.05 0.1 0.19
Miles
ATTACHMENT#1
DPW: 850-20\H:\COMMON\Council\2023\071123 CI 5292 La Granada Reservoir Reauthorization Item No.9J
TO: Andrew P. Powers, City Manager
FROM: Tracy M. Noonan, City Attorney
DATE: July 11, 2023
SUBJECT: Transition to District Elections Hearing #4 - District Boundary Maps and Sequencing of Elections
RECOMMENDATION:

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

3. Designate a preferred map and sequence of elections for inclusion in the ordinance.

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

FINANCIAL IMPACT:

No Additional Funding Requested. Minimal staff time to write report is included in the Adopted FY 2023-24 General Fund Budget.

BACKGROUND:

The City of Thousand Oaks currently uses an "at-large" election system, in which all voters in the City have the opportunity to vote for candidates for all five seats on City Council. City Council candidates may reside anywhere in the City, and they each provide citywide representation. A district-based election system is one in which the City is physically divided into voting districts, each with one council Item No.10A
Transition to District Elections Maps & Sequencing
July 11, 2023

Page 2 ends

member who resides in the district and is chosen by the electors residing in that particular district.

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

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

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

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

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

On June 20, 2023, City Council conducted the third public hearing. During the public hearing, City Council received a presentation by NDC and received input from the public on the draft maps and potential election sequencing. Following public input and City Council’s discussion, City Council narrowed the list of draft maps under consideration from ten to three focus maps (Maps 104, 106B, and 111B). Additionally, the City held two public workshops; one virtual on June 22, 2023, and one in-person on June 24, 2023. The City also hosted a booth on the districting process at the Pop-Up Arts & Music Festival on June 23, 2023.

DISCUSSION/ANALYSIS:

At the June 20, 2023, City Council meeting, City Council kept Map 104 as originally submitted as one of the focus maps. City Council directed the City's demographer to prepare revised draft district maps from Maps 106 and 111, henceforth referred to as Maps 106B and 111B, as the other two focus maps for City Council consideration.

Item No.10A
Transition to District Elections Maps & Sequencing
July 11, 2023

Page 3 ends

Members of the public have also had the opportunity to submit their own draft district maps and sequence of elections for City Council consideration.

The purpose of this public hearing is to:

1. Receive a report from NDC regarding the focus maps and the newlysubmitted, draft district maps;

2. Receive public input on this process; and

3. Select a preferred map and sequence of elections.

The focus and newly-submitted, draft maps and accompanying population and demographic data (Attachment #1) are also available on the project website at maptoaks.org, which is linked on the City’s website.

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

Federal Criteria for Cities:

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

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

California Criteria for Cities:

1. Geographically contiguous;

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

3. Easily identifiable boundaries; and

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

Other Traditional Districting Principles:

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

2. Future population growth.

The deadline for members of the public to submit their draft district maps prior to this meeting was June 27, 2023. Maps were posted to maptoaks.org by July 4, 2023.

At the conclusion of this public hearing, City Council may select a district map and sequence of elections and introduce the ordinance to change to district-based elections (Attachment #2). This public hearing completes the two required public hearings on the draft maps.

Item No.10A
Transition to District Elections Maps & Sequencing
July 11, 2023

Page 4 ends

Next Steps
The next step in the transition process is the second reading and adoption of the ordinance, which is scheduled for July 18, 2023. However, if City Council makes further changes to the district map, including sequencing, prior to the ordinance introduction, there will need to be an additional public hearing to satisfy the sevenday posting requirement. The City’s 90-day litigation protection deadline is July 24, 2023; therefore, it is imperative to stay on schedule to avoid legal challenge and financial risk.

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

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

Public hearing notices are published in the Ventura County Star. The City also established a specific email address for members of the public wishing to submit feedback via email, which is: [email protected]. Additional outreach efforts will continue throughout the districting process. Staff invites the public to spread the message to friends and neighbors to help inform them of the process.

COUNCIL GOAL COMPLIANCE:

Meets the following City Council goals:

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

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

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

Attachment #1 – Focus and Newly-Submitted Draft Maps
Attachment #2 – Ordinance
CCD:630-20 650-40\lmndccr\h:\common\elections\Disrict Elections\March\StaffRpts\071123 Dist Elec 4th PH SR.docx Item No.10A
Thousand Oaks Districting 2023
National Demographics Corporation June 8, 2023
Public Map 104
Election Sequence – Proposed
2024: Districts 4 (Adam and McNamee) and 5 (vacant)
2026: Districts 1 (Taylor), 2 (Engler), and 3 (Newman)
ATTACHMENT #1
Item No.10A
Public 104
District 1
Total Pop 26,161
Deviation from ideal 734
% Deviation 2.89%
% Hisp 12.7%
% NH White 68%
% NH Black 1%
% Asian-American 14%
Total 20,341
% Hisp 11%
% NH White 71%
% NH Black 1%
% Asian/Pac.Isl. 13%
Total 18,979
% Latino est. 8%
% Spanish-Surnamed 8%
% Asian-Surnamed 6%
% Filipino-Surnamed 1%
% NH White est. 83%
% NH Black 1%
Total 17,238
% Latino est. 8%
% Spanish-Surnamed 8%
% Asian-Surnamed 6%
% Filipino-Surnamed 1%
% NH White est. 83%
% NH Black 1%
Total 13,053
% Latino est. 7%
% Spanish-Surnamed 7%
% Asian-Surnamed 5%
% Filipino-Surnamed 1%
% NH White est. 86%
% NH Black est. 1%
ACS Pop. Est. Total 25,549
age0-19 27%
age20-60 50%
age60plus 23%
immigrants 16%
naturalized 62%
english 81%
spanish 8%
asian-lang 6%
other lang 5%
Language Fluency Speaks Eng. "Less than Very Well" 5%
hs-grad 46%
bachelor 29%
graduatedegree 23%
Child in Household child-under18 36%
Pct of Pop. Age 16+ employed 67%
income 0-25k 5%
income 25-50k 9%
income 50-75k 12%
income 75-200k 39%
income 200k-plus 35%
single family 97%
multi-family 3%
rented 18%
owned 82%
Total population data from the 2020 Decennial Census.

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

2.01%
18%
63%
2%
14%
21,175
16%
66%
2%
13%
16,847
10%
9%
6%
1%
82%
1%
15,152
9%
8%
6%
1%
83%
1%
11,793
7%
7%
5%
1%
85%
1%
25,448
25%
50%
26%
17%
55%
80%
10%
6%
4%
6%
45%
31%
20%
30%
57%
10%
10%
13%
46%
21%
78%
22%
31%
69%
3 24,534
-893
-3.51%
15%
66%
2%
14%
19,409
13%
69%
2%
13%
17,719
8%
8%
7%
1%
82%
1%
16,003
8%
7%
7%
1%
83%
1%
12,262
7%
7%
6%
1%
85%
1%
24,301
23%
46%
31%
16%
75%
78%
9%
6%
7%
6%
42%
33%
22%
28%
60%
6%
10%
9%
45%
29%
93%
7%
20%
80%
4 25,699
272

1.07%
12%
72%
2%
10%
21,339
11%
75%
2%
10%
19,412
7%
7%
4%
1%
87%
2%
17,459
7%
6%
4%
1%
87%
2%
13,552
6%
5%
3%
0%
89%
2%
25,604
19%
48%
33%
15%
76%
82%
7%
6%
6%
5%
40%
33%
24%
20%
62%
7%
11%
12%
39%
30%
85%
15%
26%
74%
5 24,802
-625
-2.46%
43%
44%
2%
8%
19,581
39%
48%
2%
8%
12,981
25%
23%
3%
1%
71%
1%
10,929
23%
21%
3%
1%
73%
1%
7,450
19%
18%
3%
1%
76%
1%
25,594
24%
56%
20%
24%
44%
63%
30%
3%
4%
15%
54%
21%
10%
26%
69%
22%
17%
13%
38%
10%
59%
41%
56%
44%
Total
127,134
1,627

6.40%
20%
63%
2%
12%
101,845
18%
66%
2%
11%
85,938
11%
10%
6%
1%
82%
1%
76,781
10%
9%
5%
1%
82%
1%
58,110
8%
8%
4%
1%
85%
1%
126,497
24%
50%
26%
18%
60%
77%
13%
5%
5%
8%
45%
29%
20%
28%
63%
10%
11%
12%
41%
25%
82%
18%
31%
69%
06/08/2023 13:39 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
Item No.10A
Thousand Oaks Districting 2023
National Demographics Corporation June 21, 2023
Public Map 106 B
Election Sequence – Proposed
2024: Districts 4 (Adam) and 5 (McNamee)
2026: Districts 1 (Taylor), 2 (Engler), and 3 (Newman)
Item No.10A
Public 106B
District 1
Total Pop 26,151
Deviation from ideal 724
% Deviation 2.85%
% Hisp 12.7%
% NH White 68%
% NH Black 1%
% Asian-American 14%
Total 20,339
% Hisp 11%
% NH White 71%
% NH Black 1%
% Asian/Pac.Isl. 13%
Total 18,966
% Latino est. 8%
% Spanish-Surnamed 8%
% Asian-Surnamed 6%
% Filipino-Surnamed 1%
% NH White est. 83%
% NH Black 1%
Total 17,225
% Latino est. 8%
% Spanish-Surnamed 8%
% Asian-Surnamed 6%
% Filipino-Surnamed 1%
% NH White est. 84%
% NH Black 1%
Total 13,044
% Latino est. 7%
% Spanish-Surnamed 7%
% Asian-Surnamed 5%
% Filipino-Surnamed 1%
% NH White est. 86%
% NH Black est. 1%
ACS Pop. Est. Total 25,539
age0-19 27%
age20-60 50%
age60plus 23%
immigrants 16%
naturalized 62%
english 81%
spanish 8%
asian-lang 6%
other lang 5%
Language Fluency Speaks Eng. "Less than Very Well" 5%
hs-grad 46%
bachelor 29%
graduatedegree 23%
Child in Household child-under18 36%
Pct of Pop. Age 16+ employed 67%
income 0-25k 5%
income 25-50k 9%
income 50-75k 12%
income 75-200k 39%
income 200k-plus 35%
single family 97%
multi-family 3%
rented 18%
owned 82%
Total population data from the 2020 Decennial Census.

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

1.25%
30%
55%
2%
10%
20,669
27%
59%
2%
9%
15,803
17%
15%
4%
1%
78%
1%
13,643
15%
14%
4%
1%
79%
1%
9,660
13%
12%
3%
1%
82%
1%
26,273
22%
54%
24%
21%
48%
71%
21%
3%
4%
12%
50%
24%
14%
24%
64%
19%
15%
11%
40%
14%
61%
39%
49%
51%
Total
127,134
1,204

4.74%
20%
63%
2%
12%
101,845
18%
66%
2%
11%
85,938
11%
10%
6%
1%
82%
1%
76,781
10%
9%
5%
1%
82%
1%
58,110
8%
8%
4%
1%
85%
1%
126,497
24%
50%
26%
18%
60%
77%
13%
5%
5%
8%
45%
29%
20%
28%
63%
10%
11%
12%
41%
25%
82%
18%
31%
69%
06/21/2023 13:22 Page 1 of 1
Total Pop
Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
Item No.10A
Thousand Oaks Districting 2023
National Demographics Corporation June 21, 2023
Public Map 111 B
Election Sequence – Proposed
2024: Districts 4 (Adam) and 5 (McNamee)
2026: Districts 1 (Taylor), 2 (Engler), and 3 (Newman)
Item No.10A
Public 111B
District 1
Total Pop 26,151
Deviation from ideal 724
% Deviation 2.85%
% Hisp 12.7%
% NH White 68%
% NH Black 1%
% Asian-American 14%
Total 20,339
% Hisp 11%
% NH White 71%
% NH Black 1%
% Asian/Pac.Isl. 13%
Total 18,966
% Latino est. 8%
% Spanish-Surnamed 8%
% Asian-Surnamed 6%
% Filipino-Surnamed 1%
% NH White est. 83%
% NH Black 1%
Total 17,225
% Latino est. 8%
% Spanish-Surnamed 8%
% Asian-Surnamed 6%
% Filipino-Surnamed 1%
% NH White est. 84%
% NH Black 1%
Total 13,044
% Latino est. 7%
% Spanish-Surnamed 7%
% Asian-Surnamed 5%
% Filipino-Surnamed 1%
% NH White est. 86%
% NH Black est. 1%
ACS Pop. Est. Total 25,539
age0-19 27%
age20-60 50%
age60plus 23%
immigrants 16%
naturalized 62%
english 81%
spanish 8%
asian-lang 6%
other lang 5%
Language Fluency Speaks Eng. "Less than Very Well" 5%
hs-grad 46%
bachelor 29%
graduatedegree 23%
Child in Household child-under18 36%
Pct of Pop. Age 16+ employed 67%
income 0-25k 5%
income 25-50k 9%
income 50-75k 12%
income 75-200k 39%
income 200k-plus 35%
single family 97%
multi-family 3%
rented 18%
owned 82%
Total population data from the 2020 Decennial Census.

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

2.01%
11%
74%
2%
10%
21,428
10%
77%
2%
9%
19,799
6%
6%
4%
1%
87%
2%
17,870
6%
6%
4%
1%
87%
2%
14,105
5%
5%
3%
0%
89%
2%
26,220
19%
48%
33%
14%
75%
82%
7%
5%
6%
4%
41%
32%
25%
21%
61%
6%
10%
11%
41%
31%
86%
14%
25%
75%
5 25,791
364

1.43%
30%
55%
2%
9%
20,764
27%
58%
2%
9%
15,667
18%
16%
4%
1%
77%
1%
13,494
16%
15%
3%
1%
79%
1%
9,579
13%
13%
3%
1%
82%
1%
26,134
22%
55%
23%
21%
49%
71%
22%
3%
4%
12%
50%
24%
14%
24%
65%
19%
15%
12%
41%
13%
61%
39%
50%
50%
Total
127,134
1,970

7.75%
20%
63%
2%
12%
101,845
18%
66%
2%
11%
85,938
11%
10%
6%
1%
82%
1%
76,781
10%
9%
5%
1%
82%
1%
58,110
8%
8%
4%
1%
85%
1%
126,497
24%
50%
26%
18%
60%
77%
13%
5%
5%
8%
45%
29%
20%
28%
63%
10%
11%
12%
41%
25%
82%
18%
31%
69%
06/21/2023 14:00 Page 1 of 1
Total Pop
Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
Item No.10A
Thousand Oaks Districting 2023
National Demographics Corporation June 21, 2023
Public Map 112
Election Sequence – Proposed
2024: Districts 1 (vacant) and 4 (Adam, McNamee, and Newman) 2026: Districts 2 (Engler), 3 (vacant), and 5 (Taylor)
Election Sequence – Alternate
2024: Districts 3 (vacant) and 4 (Adam, McNamee, and Newman) 2026: Districts 1 (vacant), 2 (Engler), and 5 (Taylor)
Item No.10A
Public 112
District 1
Total Pop 26,527
Deviation from ideal 1,100
% Deviation 4.33%
% Hisp 14.6%
% NH White 65%
% NH Black 1%
% Asian-American 15%
Total 20,566
% Hisp 13%
% NH White 68%
% NH Black 1%
% Asian/Pac.Isl. 14%
Total 18,352
% Latino est. 9%
% Spanish-Surnamed 8%
% Asian-Surnamed 6%
% Filipino-Surnamed 1%
% NH White est. 83%
% NH Black 1%
Total 16,579
% Latino est. 9%
% Spanish-Surnamed 8%
% Asian-Surnamed 6%
% Filipino-Surnamed 1%
% NH White est. 84%
% NH Black 1%
Total 12,480
% Latino est. 7%
% Spanish-Surnamed 7%
% Asian-Surnamed 5%
% Filipino-Surnamed 1%
% NH White est. 86%
% NH Black est. 1%
ACS Pop. Est. Total 25,865
age0-19 28%
age20-60 51%
age60plus 21%
immigrants 18%
naturalized 56%
english 78%
spanish 10%
asian-lang 7%
other lang 5%
Language Fluency Speaks Eng. "Less than Very Well" 6%
hs-grad 46%
bachelor 29%
graduatedegree 22%
Child in Household child-under18 38%
Pct of Pop. Age 16+ employed 68%
income 0-25k 5%
income 25-50k 10%
income 50-75k 12%
income 75-200k 40%
income 200k-plus 33%
single family 89%
multi-family 11%
rented 24%
owned 76%
Total population data from the 2020 Decennial Census.

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

1.77%
16%
69%
2%
10%
21,245
14%
71%
2%
10%
18,661
8%
8%
5%
1%
84%
2%
16,602
8%
7%
5%
1%
85%
2%
12,662
6%
6%
4%
0%
88%
2%
26,657
19%
51%
30%
18%
66%
76%
12%
6%
7%
7%
39%
31%
24%
21%
63%
11%
12%
8%
40%
29%
79%
21%
34%
66%
5 24,477
-950
-3.74%
31%
51%
2%
13%
19,496
28%
55%
2%
12%
14,511
16%
14%
6%
1%
76%
2%
12,721
14%
13%
6%
1%
77%
2%
9,152
12%
11%
5%
1%
80%
2%
25,017
26%
49%
25%
24%
50%
67%
22%
5%
6%
14%
46%
28%
16%
30%
63%
17%
13%
16%
37%
17%
67%
33%
43%
57%
Total
127,134
2,050

8.06%
20%
63%
2%
12%
101,845
18%
66%
2%
11%
85,938
11%
10%
6%
1%
82%
1%
76,781
10%
9%
5%
1%
82%
1%
58,110
8%
8%
4%
1%
85%
1%
126,497
24%
50%
26%
18%
60%
77%
13%
5%
5%
8%
45%
29%
20%
28%
63%
10%
11%
12%
41%
25%
82%
18%
31%
69%
06/21/2023 14:26 Page 1 of 1
Total Pop
Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
Item No.10A
Thousand Oaks Districting 2023
National Demographics Corporation June 22, 2023
Public Map 113
Election Sequence – Proposed
2024: Districts 4 (Adam and McNamee) and 5 (vacant)
2026: Districts 1 (Taylor), 2 (Engler), and 3 (Newman)
Item No.10A
Public 113
District 1
Total Pop 25,401
Deviation from ideal -26
% Deviation -0.10%
% Hisp 12.5%
% NH White 68%
% NH Black 1%
% Asian-American 14%
Total 19,760
% Hisp 11%
% NH White 71%
% NH Black 1%
% Asian/Pac.Isl. 13%
Total 18,516
% Latino est. 8%
% Spanish-Surnamed 8%
% Asian-Surnamed 6%
% Filipino-Surnamed 1%
% NH White est. 84%
% NH Black 1%
Total 16,824
% Latino est. 8%
% Spanish-Surnamed 8%
% Asian-Surnamed 6%
% Filipino-Surnamed 1%
% NH White est. 84%
% NH Black 1%
Total 12,764
% Latino est. 7%
% Spanish-Surnamed 7%
% Asian-Surnamed 5%
% Filipino-Surnamed 1%
% NH White est. 86%
% NH Black est. 1%
ACS Pop. Est. Total 24,934
age0-19 28%
age20-60 50%
age60plus 23%
immigrants 16%
naturalized 62%
english 81%
spanish 8%
asian-lang 6%
other lang 5%
Language Fluency Speaks Eng. "Less than Very Well" 5%
hs-grad 46%
bachelor 29%
graduatedegree 23%
Child in Household child-under18 37%
Pct of Pop. Age 16+ employed 67%
income 0-25k 5%
income 25-50k 9%
income 50-75k 12%
income 75-200k 39%
income 200k-plus 35%
single family 97%
multi-family 3%
rented 18%
owned 82%
Total population data from the 2020 Decennial Census.

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

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.
2 25,445
18 0.07%
16%
66%
2%
13%
20,860
14%
68%
2%
12%
17,345
9%
8%
7%
1%
82%
1%
15,696
8%
8%
7%
1%
83%
1%
12,301
7%
7%
5%
1%
85%
1%
25,256
24%
49%
27%
16%
60%
82%
9%
5%
5%
6%
44%
31%
21%
29%
57%
10%
9%
13%
44%
24%
84%
16%
26%
74%
3 25,414
-13
-0.05%
16%
65%
2%
13%
20,171
15%
68%
2%
12%
17,908
9%
9%
7%
1%
82%
2%
16,062
9%
8%
7%
1%
83%
2%
12,300
7%
7%
5%
1%
85%
2%
24,669
23%
47%
31%
18%
71%
79%
9%
6%
6%
6%
42%
31%
22%
25%
60%
8%
11%
9%
45%
26%
86%
14%
26%
74%
4 25,422
-5
-0.02%
13%
71%
2%
11%
20,995
11%
74%
2%
10%
19,067
7%
7%
4%
1%
86%
2%
17,153
7%
7%
4%
1%
86%
2%
13,219
6%
5%
3%
0%
89%
2%
24,999
18%
49%
33%
15%
76%
82%
7%
6%
6%
5%
41%
33%
23%
21%
62%
7%
11%
13%
39%
29%
85%
15%
26%
74%
5 25,452
25 0.10%
42%
44%
2%
9%
20,059
39%
47%
2%
9%
13,102
24%
22%
3%
1%
71%
1%
11,046
22%
20%
3%
1%
73%
1%
7,526
19%
17%
3%
1%
77%
1%
26,638
25%
56%
19%
24%
43%
61%
30%
5%
4%
15%
53%
23%
11%
29%
69%
20%
16%
13%
40%
11%
60%
40%
56%
44%
Total
127,134
51 0.20%
20%
63%
2%
12%
101,845
18%
66%
2%
11%
85,938
11%
10%
6%
1%
82%
1%
76,781
10%
9%
5%
1%
82%
1%
58,110
8%
8%
4%
1%
85%
1%
126,497
24%
50%
26%
18%
60%
77%
13%
5%
5%
8%
45%
29%
20%
28%
63%
10%
11%
12%
41%
25%
82%
18%
31%
69%
06/22/2023 14:14 Page 1 of 1
Total Pop
Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
Item No.10A
Thousand Oaks Districting 2023
National Demographics Corporation June 22, 2023
Public Map 114
Election Sequence – Proposed
2024: Districts 2 (vacant) and 4 (Adam and McNamee)
2026: Districts 1 (Taylor), 3 (Engler and Newman), and 5 (vacant) Election Sequence – Alternate
2024: Districts 4 (Adam and McNamee) and 5 (vacant)
2026: Districts 1 (Taylor), 2 (vacant), and 3 (Engler and Newman) Item No.10A
Public 114
District 1
Total Pop 25,294
Deviation from ideal -133
% Deviation -0.52%
% Hisp 12.4%
% NH White 68%
% NH Black 1%
% Asian-American 14%
Total 19,664
% Hisp 11%
% NH White 71%
% NH Black 1%
% Asian/Pac.Isl. 13%
Total 18,369
% Latino est. 8%
% Spanish-Surnamed 8%
% Asian-Surnamed 6%
% Filipino-Surnamed 1%
% NH White est. 84%
% NH Black 1%
Total 16,705
% Latino est. 8%
% Spanish-Surnamed 8%
% Asian-Surnamed 6%
% Filipino-Surnamed 1%
% NH White est. 84%
% NH Black 1%
Total 12,580
% Latino est. 7%
% Spanish-Surnamed 7%
% Asian-Surnamed 5%
% Filipino-Surnamed 1%
% NH White est. 86%
% NH Black est. 1%
ACS Pop. Est. Total 24,710
age0-19 27%
age20-60 50%
age60plus 23%
immigrants 16%
naturalized 62%
english 81%
spanish 8%
asian-lang 6%
other lang 5%
Language Fluency Speaks Eng. "Less than Very Well" 5%
hs-grad 46%
bachelor 29%
graduatedegree 23%
Child in Household child-under18 36%
Pct of Pop. Age 16+ employed 67%
income 0-25k 6%
income 25-50k 9%
income 50-75k 12%
income 75-200k 38%
income 200k-plus 36%
single family 97%
multi-family 3%
rented 17%
owned 83%
Total population data from the 2020 Decennial Census.

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

2.17%
37%
49%
2%
8%
20,738
33%
53%
2%
8%
14,735
22%
20%
3%
1%
73%
2%
12,517
20%
19%
3%
1%
75%
2%
8,686
17%
16%
3%
1%
78%
1%
27,080
22%
56%
23%
22%
49%
67%
25%
3%
4%
14%
54%
23%
11%
24%
67%
21%
16%
12%
41%
10%
62%
38%
52%
48%
Total
127,134
824

3.24%
20%
63%
2%
12%
101,845
18%
66%
2%
11%
85,938
11%
10%
6%
1%
82%
1%
76,781
10%
9%
5%
1%
82%
1%
58,110
8%
8%
4%
1%
85%
1%
126,497
24%
50%
26%
18%
60%
77%
13%
5%
5%
8%
45%
29%
20%
28%
63%
10%
11%
12%
41%
25%
82%
18%
31%
69%
06/22/2023 14:15 Page 1 of 1
Total Pop
Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
Item No.10A
Thousand Oaks Districting 2023
National Demographics Corporation June 26, 2023
Public Map 115
Election Sequence – Proposed
2024: Districts 4 (Adam and McNamee) and 5 (vacant)
2026: Districts 1 (Taylor), 2 (Engler), and 3 (Newman)
Item No.10A
Public 115
District 1
Total Pop 25,481
Deviation from ideal 54
% Deviation 0.21%
% Hisp 12.5%
% NH White 68%
% NH Black 1%
% Asian-American 14%
Total 19,817
% Hisp 11%
% NH White 71%
% NH Black 1%
% Asian/Pac.Isl. 13%
Total 18,556
% Latino est. 8%
% Spanish-Surnamed 8%
% Asian-Surnamed 6%
% Filipino-Surnamed 1%
% NH White est. 84%
% NH Black 1%
Total 16,861
% Latino est. 8%
% Spanish-Surnamed 8%
% Asian-Surnamed 6%
% Filipino-Surnamed 1%
% NH White est. 84%
% NH Black 1%
Total 12,787
% Latino est. 7%
% Spanish-Surnamed 7%
% Asian-Surnamed 5%
% Filipino-Surnamed 1%
% NH White est. 86%
% NH Black est. 1%
ACS Pop. Est. Total 24,999
age0-19 28%
age20-60 50%
age60plus 23%
immigrants 16%
naturalized 62%
english 81%
spanish 8%
asian-lang 6%
other lang 5%
Language Fluency Speaks Eng. "Less than Very Well" 5%
hs-grad 46%
bachelor 29%
graduatedegree 23%
Child in Household child-under18 37%
Pct of Pop. Age 16+ employed 67%
income 0-25k 5%
income 25-50k 9%
income 50-75k 12%
income 75-200k 39%
income 200k-plus 35%
single family 97%
multi-family 3%
rented 18%
owned 82%
Total population data from the 2020 Decennial Census.

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

0.50%
20%
63%
2%
12%
101,845
18%
66%
2%
11%
85,938
11%
10%
6%
1%
82%
1%
76,781
10%
9%
5%
1%
82%
1%
58,110
8%
8%
4%
1%
85%
1%
126,497
24%
50%
26%
18%
60%
77%
13%
5%
5%
8%
45%
29%
20%
28%
63%
10%
11%
12%
41%
25%
82%
18%
31%
69%
06/26/2023 22:40 Page 1 of 1
Total Pop
Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
Item No.10A
Thousand Oaks Districting 2023
National Demographics Corporation June 28, 2023
Public Map 116
Election Sequence – Proposed
2024: Districts 4 (Adam) and 5 (McNamee)
2026: Districts 1 (Taylor), 2 (Engler), and 3 (Newman)
Item No.10A
Public 116
District 1
Total Pop 25,743
Deviation from ideal 316
% Deviation 1.24%
% Hisp 12.6%
% NH White 68%
% NH Black 1%
% Asian-American 14%
Total 20,016
% Hisp 11%
% NH White 71%
% NH Black 1%
% Asian/Pac.Isl. 13%
Total 18,715
% Latino est. 8%
% Spanish-Surnamed 8%
% Asian-Surnamed 6%
% Filipino-Surnamed 1%
% NH White est. 84%
% NH Black 1%
Total 17,001
% Latino est. 8%
% Spanish-Surnamed 8%
% Asian-Surnamed 6%
% Filipino-Surnamed 1%
% NH White est. 84%
% NH Black 1%
Total 12,891
% Latino est. 7%
% Spanish-Surnamed 7%
% Asian-Surnamed 5%
% Filipino-Surnamed 1%
% NH White est. 86%
% NH Black est. 1%
ACS Pop. Est. Total 25,210
age0-19 27%
age20-60 50%
age60plus 23%
immigrants 16%
naturalized 62%
english 81%
spanish 8%
asian-lang 6%
other lang 5%
Language Fluency Speaks Eng. "Less than Very Well" 5%
hs-grad 46%
bachelor 29%
graduatedegree 23%
Child in Household child-under18 37%
Pct of Pop. Age 16+ employed 67%
income 0-25k 5%
income 25-50k 9%
income 50-75k 12%
income 75-200k 39%
income 200k-plus 35%
single family 97%
multi-family 3%
rented 18%
owned 82%
Total population data from the 2020 Decennial Census.

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

2.02%
20%
63%
2%
12%
101,845
18%
66%
2%
11%
85,938
11%
10%
6%
1%
82%
1%
76,781
10%
9%
5%
1%
82%
1%
58,110
8%
8%
4%
1%
85%
1%
126,497
24%
50%
26%
18%
60%
77%
13%
5%
5%
8%
45%
29%
20%
28%
63%
10%
11%
12%
41%
25%
82%
18%
31%
69%
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Total Pop
Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
Item No.10A
CCD:630-20\cmr\H:\COMMON\Elections\Districts\March 2023\SR\07-18-2023\Ord Establishing District Elections.docx

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Thousand Oaks City CouncilJuly 11, 2023

Thousand Oaks City Council
July 11, 2023