ATTACHMENT #1
Project Name: Comprehensive
Zoning Code Update and
Rezoning Program, and Sign
Code Update
SECOND AMENDMENT TO
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF THOUSAND OAKS
AND
LISA WISE CONSULTING, INC.
Contract No. 13831-2024
THIS SECOND AMENDMENT to the Agreement for Professional Services entered into between the CITY OF THOUSAND OAKS, a municipal corporation, (hereafter “City”) and LISA WISE CONSULTING, INC. (“Consultant”), entitled Comprehensive Zoning Code Update and Rezoning Program, and Sign Code Update and dated November 19, 2024 (herein “Contract”) is made this 1st day of November 2026.
RECITALS
A. 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.
B. Section 5 of Contract, currently, and as may have been previously amended, provides for a termination date of November 19, 2026.
AGREEMENT TO AMEND
NOW, THEREFORE, the undersigned parties to Contract agree to amend Contract as described below:
Part 1. Task 5 in Part A of Exhibit A Scope of Work is hereby amended to read as follows:
Task 5: Draft Zoning Code and Rezoning Program
5.1 Table of Contents/Style Guide. LWC will propose a structure and organization of the Zoning Code to facilitate usability and clarity. LWC will prepare an annotated Table of Contents that describes the purpose and intent of chapters, sections, and subsections.
Where appropriate, the Table of Contents will list existing Ordinance chapters and sections to establish a trail between the two documents indicating where chapters and sections from the current Ordinance are to be relocated and the anticipated degree of change (i.e., carried forward with or without changes) and which chapters or sections (if any) of the current Ordinance will not be carried forward or replaced entirely.
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LWC will also prepare a preliminary Style Guide focusing on page layout, crossreferences, terminology, fonts, graphics, charts, maps, etc. to create a Zoning Code that is organized and easy-to-use. Based on City staff's review of the Administrative Draft Table of Contents and Style Guide, LWC will prepare a final Table of Contents and Style Guide.
5.2 Administrative Draft Zoning Code. Using the Assessment and Recommendations Memo (Task 3) and the Table of Contents (Task 5.1) as a guide, as well as input from City staff, stakeholders, and public workshops, LWC will prepare an Administrative Draft Zoning Code. LWC anticipates completing the following work as part of the Administrative Draft Zoning Code. Throughout the process of working on the Administrative Draft, LWC will continue to check-in with City staff on regular calls and discuss topics or issues as they arise.
Zoning Districts. LWC will update the base zoning districts and the overlay districts, consolidating, modifying, and/or creating new districts where appropriate to implement the 17 General Plan land use designations and address issues and recommendations identified in Task 3. Each District will contain a complete set of development regulations pertaining to the applicable zone provided in a user-friendly table format with supporting graphics and diagrams. As part of this, LWC will simplify and integrate regulations from existing specific plans into the Zoning Code based on recommendations in Task 3.
Use Regulations. LWC will review and update the land use regulations, including emphasis on the following:
• Land Use Definitions. A complete list of updated definitions of land uses regulated by the Zoning Code. Land uses will be defined through a clearly articulated and modern use classification system using best practices that reflects contemporary land uses and groups them based on common functional, product, or physical characteristics. Use groups will be broad enough to allow the classification of any new unanticipated uses.
• Zoning District Use Regulations. Land use regulations by zoning district, clearly indicating in tables which uses are permitted and what type of approval is required for each use. Permitted land uses will be consistent with the corresponding General Plan land use designation and adaptable to contemporary trends in land use.
• Standards for Specific Uses. Supplemental standards for uses that warrant special consideration such as accessory dwelling units, cannabis uses, home occupations, live/work units, temporary uses, or wireless communication facilities. • Residential Objective Design Standards. Based on the review of the City’s existing design standards and guidelines completed in Task 3, LWC will prepare updated or amended residential objective design standards for multi-family and residential mixed-use projects to satisfy the State’s requirements for Objective Design Standards in accordance with State law. The design standards will be developed CDD:460-10\H:\Administration & Special Projects\Contracts\Lisa Wise\Contracts\13831-2024 A2.docx
to complement and enhance the development standards, will be illustrated with new graphics, and will include, but not be limited to, the following:
• Building Massing and Scale. Standards to be developed may include, but are not limited to standards for street, interior side, and rear upper story step-backs, and residential privacy.
• Building Design. Standards to be developed may include but are not limited to, standards for building orientation, garage access and design, entrance design, and window and door placement.
Other Citywide Standards. LWC will analyze current standards that apply in some or all zoning districts and prepare new or revised standards addressing issues identified in the Assessment and Recommendation Memo and through public engagement efforts and City, staff input. Topics are anticipated to include, but are not limited to:
• Affordable Housing Incentive/Density Bonus Provisions • Landscaping Standards
• Off-Street Parking
• Outdoor Lighting Standards
• Walls and Fences
Administration and Permit Procedures. LWC will update administration and permit procedures, consisting of the following:
• Administration and Procedures. Provisions for administration and amendments to the Zoning Code and Zoning Map, and procedures that are common to the application and processing of a variety of different permits and approvals, such as noticing and hearing requirements.
• Land Use and Development Permits. Procedures for all zoning decisions, from ministerial approvals (such as administrative use permits and/or minor modifications) to more technical and substantive discretionary approvals, including conditional use permits and variances. May include new procedures to align with State law and facilitate streamlined approvals of residential projects. • Enforcement. Provisions for the enforcement of the Zoning Code. • Nonconforming Provisions. Procedures and requirements for nonconforming uses, buildings, and structures.
• Definitions. LWC will update definitions and methods of measurement, adding new definitions or measurements as appropriate. (This is in addition to Land Use definitions above.)
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5.3 Administrative Draft Review Meetings
5.3a Initial Admin Draft Review Meetings. LWC will participate in four virtual working meetings with City staff to review and discuss staff initial staff input on the Administrative Draft.
5.3b Review Kickoff Meeting. LWC will participate in a virtual meeting with City staff project management to review the status of the project, provide an update on outstanding issues, discuss major milestones, and establish the review meeting schedule.
As part of this task, LWC will prepare an agenda, a draft meeting schedule, a status summary, and meeting summary.
5.3c Staff Comment Organization. LWC will review staff comments on Divisions/Articles which have not yet been submitted and review, organize, prioritize for incorporation into a final set of comments. LWC will identify conflicts between comments and make recommendations to City staff project management on how to incorporate and/or resolve comments and questions from staff, with the final decision on each comment to be made by City staff project management.
As part of this task, LWC will participate in one half-day in-person work session with staff to facilitate internal discussion, clarify comments, and help resolve internal conflicts.
The outcome of this task is a complete set of non-conflicting comments to submit to LWC for review. This task is to support staff’s internal review of comments and does not replace LWC review, discussion, and resolution of staff comments as part of Task 5.3.c.
5.3d Additional Admin Draft Review Meetings. Following receipt of a complete set of non-conflicting comments on the Administrative Draft (Task 5.3.b), LWC will participate in 10 meetings with City staff to review and discuss staff input on the Administrative Draft. Unless otherwise noted, meetings are virtual and not to exceed 90 minutes. LWC will prepare agendas and incorporate final decisions into the Public Draft Code, Task 5.4.
5.4. First Public Draft Zoning Code. LWC will review all City comments on the Administrative Draft Zoning Code and will prepare a complete First Draft Zoning Code to be available for public review. LWC will work collaboratively to appropriately address all City comments on Administrative Drafts in order to submit a complete and high-quality First Draft. LWC will present the First Draft to the Planning Commission for review and discussion (see Task 7).
5.5 Final Public Draft Zoning Code. Based on comments from City staff, the public, and Planning Commission, LWC will prepare a Final Draft Zoning Code for CDD:460-10\H:\Administration & Special Projects\Contracts\Lisa Wise\Contracts\13831-2024 A2.docx
recommendation and adoption (see Task 8).
Deliverables:
• Table of Contents (draft and final)
• Administrative Draft Zoning Code (1 digital copy, Word) • Review Kickoff Meeting (1) with City staff (virtual)
• Comment Facilitation Meeting (half-day, in person) with City staff • Review meetings (14) with City staff (virtual)
• Agenda, updated project schedule, and summary notes from kickoff meeting. • First Draft Zoning Code (1 digital copy, Word)
• Final Draft Zoning Code (1 digital copy, Words strikeout, 1 digital copy Word ‘clean’)
Part 2. The sum of $78,937 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:
(a) Maximum and Rate. The total compensation payable to Consultant by City for the services under this Agreement SHALL NOT EXCEED the sum of $921,477 (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 marked Exhibit "B". The rates and expenses set forth in that exhibit shall be binding upon the Consultant for the term of this Agreement, 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.
Part 3. Exhibit B of the Contract is amended to increase the fee for Task 1.2 from $37,386 to $73,394.
Part 4. Task 5.3 in Exhibit B of the Contract is amended to read as follows:
5.3a Initial Admin Draft Review Meetings $6,288
5.3b Review Kickoff Meeting $3,027
5.3c Staff Comment Organization & Meeting $16,417
5.3d Additional Admin Draft Review Meetings $23,485
Part 5. The Contract is extended for a period of 2 years, and Section 5 is hereby amended to read as follows:
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The term of this Agreement is from the date first written above to November 19, 2028, unless the 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 1 time, for a period of 1 year.
Extensions of time shall be memorialized by execution of a written amendment.
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.
Part 6: All terms used in Part 1, 2, 3, 4 and 5 above shall have the meanings ascribed thereto in Contract. Except as amended in Part 1, 2, 3, 4 and 5 above, all other sections, terms, obligations, duties, clauses, and provisions of Contract shall remain the same.
IN WITNESS WHEREOF, the parties execute this Second Amendment to Contract as of the date set forth above.
CONSULTANT
By: Lisa Wise, AICP
Title: President, CEO
By: Henry Pontarelli
Title: Vice President
CITY OF THOUSAND OAKS
Mikey Taylor, Mayor
ATTEST:
Laura B. Maguire, City Clerk
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APPROVED AS TO ADMINISTRATION:
Andrew P. Powers, City Manager
APPROVED BY DEPARTMENT HEAD:
Kelvin Parker
Community Development Director
APPROVED AS TO FORM:
Office of the City Attorney
By: Noel Doran, Assistant City Attorney