TO:City Council
FROM:Andrew P. Powers, City Manager
DATE:July 2, 2024
SUBJECT: City Manager Authority During Summer Recess
RECOMMENDATION:
1. Adopt resolution granting City Manager authority for designated actions during summer recess, July 3, 2024, through August 26, 2024.
2. Find that this action is not a project as defined in the California Environmental Quality Act.
LEVINE ACT ITEM: No
FINANCIAL IMPACT:
No Additional Funding Requested. Minimal staff time to prepare the resolution granting City Manager authority for designated actions during summer recess is included in the Adopted FY 2024-25 General Fund Budget.
BACKGROUND:
The City Council observes an annual summer recess as noted on the adopted City Council calendar. This year, the summer recess will span from July 3, 2024, through August 26, 2024. The City’s practice during lengthy breaks between City Council meetings is for the City Council to grant the City Manager authority by resolution (Attachment #1) to consider and, where appropriate, approve certain actions needed for the ongoing operation of the City within existing budgetary appropriations. These actions may include agreements, agreement extensions, and contracts.
Typically, such actions would be placed on the Consent Calendar Agenda for consideration, and approvals would be consistent with City guidelines and practices.
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DISCUSSION/ANALYSIS:
The following actions may be needed for specific projects or programs:
A. Grant Agreement with Clean Power Alliance
There is up to $250,000 in grant funding available to the City from Clean Power Alliance (CPA) under the “Energized Communities” program to support the electrification of the City’s municipal fleet. Monies will be used for assessment and planning, charging infrastructure, and the purchase of electric vehicles. A recommendation is made to authorize the City Manager to sign the Grant Agreement with CPA, as approved by the City Attorney’s Office, to take advantage of this funding at the earliest opportunity, and to authorize the City Manager to sign any associated Budget Appropriation or additional paperwork to receive funds.
B. Agreement for Consultant for Cost Allocation Plan and User Fee Analysis The City contracts with a consultant for Cost Allocation Plan preparation services and User Fee analysis. The contract with the current consultant will expire in August 2024, and has no remaining extension options. The first year of the contract involves a deeper analysis to review existing methodologies, discuss changes in staffing responsibilities/functions, and examine existing fees. In anticipation of the budget process, staff is issuing a formal Request for Proposals/Qualifications for Cost Allocation Plan consulting and related user fee studies in late June/early July and plans to enter a contract in August. Staff is requesting City Council to delegate authority to the City Manager to execute a multi-year agreement because staff anticipates proposals will exceed $75,000. Entering a contract during the City Council summer recess will allow staff to kick off the process and begin the required analysis prior to the budget process.
C. Non-financial Amendments to Three Agreements on the Lakes Residential Project
In the last three years, the City Council has approved various development projects, including the proposed sale of The Lakes parcel located at 2200 Thousand Oaks Blvd. and the associated development of an apartment complex. Due to severe economic impacts, several of the development projects have not moved forward with construction at this time. In recent discussions with the Caruso team, City staff anticipate that some non- financial amendments to the Development Agreement (DAGR 2021-70437, Contract No. 13633-2024), as well as the related Purchase and Sale Agreement (Contract No. 13146-2022), and Amended and Restated City Manager Authority During Summer Recess
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Maintenance, Use, and Reciprocal Easement Agreement (Contract No.
TBD) for The Lakes Residential Project may be needed during the summer recess. Anticipated changes will be made to effectuate the intent and purpose of the agreements but will not change the financial structure of the approved sale of the property nor the post-development financial obligations previously approved.
D. Initiation of Municipal Code Amendments (MCA) to implement General Plan Actions and Housing Element Programs
In the last couple years, City Council has initiated MCAs to address state legislation and program implementation as part of the adopted General Plan 2045 and the 2021-2029 Housing Element. A recommendation is made to authorize the City Manager to initiate MCAs as identified within the General Plan Implementation Chapter and the 2021-2029 Housing Element Programs. These include, but are not limited to, two immediate code amendments necessary to implement Housing Element Program 4: Lot Consolidation through a ministerial process with incentives that provide flexibility in site planning to facilitate mixed-use and multifamily development and Program 6: Streamlined Review for ministerial review process for qualifying multi-family residential projects under Senate Bill 35.
E. Food Recovery and Storage Facility
On January 16, 2024, City Council approved budget and expenditure for the construction of the Navigation Center at 1205 Lawrence Drive. Staff initially planned on locating the Food Recovery and Storage Facility towards the rear of the parcel. $390,111 in shared costs were identified to be charged to the Solid Waste Fund for the Food Recovery and Storage Facility’s share of specific costs of the construction. Staff has since determined that due to the increasing cost, complexity, and other challenges, the Food Recovery and Storage Facility Project will be reevaluated. In addition, due to strict spending deadlines from the Encampment Resolution Grant, staff has had to setup an escrow account with Dignity Moves, requiring additional costs for the project. Therefore, staff is requesting City Council delegate authority to the City Manager to approve an additional budget appropriation and expenditure in an amount to be determined, but to not exceed $500,000, from the General Fund. Granting budget and expenditure authority during summer recess will allow the Navigation Center to proceed without delay over the summer and ensure grant spending deadlines will be met.
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F. Kavli Theatre Equipment & Repairs
Repairs to the Fred Kavli Theatre fly rail system are required to maintain safe, uninterrupted function for theatrical productions and events. The fly rail system controls the use of flying scenery, lighting, drapery, and other essential production-related elements. Wear and tear and damage sustained to the system has resulted in two inoperable fly positions located in the upstage portion of the venue. Repairs need to be scheduled during August when the venue is less utilized to allow for proper replacement of components with limited impact on the theatre’s technical capabilities for upcoming performances. Repairs include replacement of steel battens, T- Bar single purchase arbors, crash bar, floor blocks, hand lines, brakes, and other necessary rigging elements for the safe operation of the fly rail system. Therefore, the Cultural Affairs Department requests City Manager Authority for additional budget appropriation not-to-exceed $90,000 for FY2024-25 A/C #681-7710-682-4199 Kavli Theatre Equipment & Repairs/Other.
G. Conceptual Design Services for Downtown Campus Master Plan On November 14, 2023, City Council approved a first amendment to the agreement with RRM Design Group for conceptual design services for the Downtown Campus Master Plan project.
Staff presented the findings from the scope of work of the first amendment to the City Council on May 7, 2024. At that meeting staff indicated that there were items related to the Campus Master Plan program that needed additional study, some of which would help inform the upcoming Request for Proposal (RFP) process. However, the expenditure to date has reached its Council-authorized limit. Therefore, staff is requesting City Manager authority for an additional budget appropriation and expenditure in an amount to be determined, but to not exceed $25,000, from the General Fund Budget. Granting budget and expenditure authority during summer recess will allow staff to better define project details from the first phase of the project in preparation for the upcoming RFP process.
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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: Katie Morris, Administrative Support Supervisor Attachments:
Attachment #1 – City Manager Authority Resolution
CMO:100-90/wl//H:Common/Council Items/2024/07 02 2024 /City Manager Authority During Summer Recess