CAMARILLO LIBRARY BOARD REGULAR MEETING 601 CARMEN … Clerk/Agenda Packets - older/20… · camarillo library board regular meeting wednesday, june 12, 2013 - 5:00 p.m. city hall

CAMARILLO LIBRARY BOARD REGULAR MEETING

WEDNESDAY, JUNE 12, 2013 - 5:00 P.M. CITY HALL COUNCIL CHAMBERS

601 CARMEN DRIVE, CAMARILLO, CALIFORNIA

AGENDA

AGENDA REPORTS AND OTHER DISCLOSABLE PUBLIC RECORDS RELATED TO OPEN SESSION AGENDA ITEMS ARE AVAILABLE ON THE CITY’S WEBSITE AT WWW.CI.CAMARILLO.CA.US UNDER AGENDAS AND AT CITY HALL LOCATED AT 601 CARMEN DRIVE, CAMARILLO, IN THE OFFICE OF THE CITY CLERK DURING REGULAR BUSINESS HOURS, MONDAY THROUGH FRIDAY, 8:00 A.M. TO 5:00 P.M. MEETINGS ARE BROADCAST LIVE ON THE LOCAL GOVERNMENT CHANNELS – TIME WARNER CHANNEL 10 AND VERIZON CHANNEL 29.

FOR YOUR INFORMATION – The Camarillo Library Board (“Board”) will hear from the public on any item on the agenda or an item of interest that is not on the agenda. The Board cannot take action on any item not scheduled on the agenda. These items may be referred for administrative action or scheduled on a future agenda. Comments are to be limited to three minutes for each speaker, unless extended by the Board, and each speaker will only have one opportunity to speak on any one topic. You have the opportunity to address the Board at the following times:

A. AGENDA ITEMS – during Public Comments or at the time the Board considers the agenda item;

B. NON-AGENDA ITEMS – during Public Comments at 5:00 p.m.; and

C. PUBLIC HEARINGS – Public Hearings, if scheduled, are heard at 7:30 p.m.

Please keep your comments brief and complete a speaker card for the Secretary.

CALL TO ORDER

ROLL CALL

FLAG SALUTE

I. AMENDMENTS TO THE AGENDA - This is the time and place to change the order of the agenda, delete or add any agenda item(s).

II. PUBLIC COMMENTS

III. CONSENT CALENDAR

A. Minutes

Approval receives and files the minutes of the Camarillo Library Board meeting held May 8, 2013.

1 CLB June 12, 2013

B. Camarillo Public Library Activities Update

Approval receives and files the activity report on the Camarillo Public Library filed by Library Director Wolfe.

CONSENT CALENDAR ACTION:

A MOTION TO APPROVE THE RECOMMENDATION FOR CONSENT CALENDAR ITEMS A AND B.

IV. DEPARTMENTAL – NO ITEMS

V. LEGAL COUNSEL – NO ITEMS

VI. COMMENTS FROM STAFF

VII. COMMENTS FROM BOARD MEMBERS

VIII. PUBLIC HEARINGS – NO ITEMS

IX. ADJOURN

IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT THE CITY CLERK AT (805) 388-5353. NOTIFICATION 48 HOURS PRIOR TO THE MEETING WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING.

2 CLB June 12, 2013

MINUTES CAMARILLO LIBRARY BOARD

REGULAR MEETING WEDNESDAY MAY 8, 2013

CALL TO ORDER/ROLL CALL

President McDonald called the meeting to order at 5:00 p.m.

Trustees Present:

Staff Present:

FLAG SALUTE

Jeanette McDonald, President Bill Little, President Pro Tern Charlotte Craven, Trustee Kevin Kildee, Trustee Michael Morgan, Trustee

Bruce Feng, --_Executive Officer Ronnie Campbell, Finance Director Tom Fox, Public Works Director Jeffrie Madland, Secretary Dave Norman, Community Development Director Dan paraRick, Assistant City Manager Richard Petropubs, General ServicesDirector Brian Pierik, General Counsel Guy Stewart, Police Department Commander

Trustee Kildee led the Pledge of Allegiance to the Flag.

AMENDMENTS TO THE AGENDA — NONE

II PUBLIC COMMENTS NONE


Trustee -Craven_ moved, seconded by Trustee Kildee, to approve Consent Calendar ltems A and B.

A. Minutes

Approved the minutes of the Camarillo Library Board held April 10, 2013, as presented.

B. Camarillo Public Library Activities Update

Received and filed the activity report on the Camarillo Public Library.

Motion carried 5-0.

CLB III A 1

IV. DEPARTMENTAL

A. Grand Opening of the Fischer Business Collection

General Services Director Petropulos provided an update on the Grand Opening of the Fischer Business Collection scheduled for Tuesday, May 21, 2013.

V. LEGAL COUNSEL — NONE


Barbara Wolfe, Library Director, announced1h -e,!library)s hosting "The Art of Miniatures" display, featuring the work of Camarillo resident Robert Olszewski. "E:77

VII. COMMENTS FROM BOARD MEMBERS — NONE__

VIII. PUBLIC HEARINGS — NONE

IX. ADJOURN

The meeting adjourned at 5:09 p.m.

CLB 5/8/13 2

CLB III A 2

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CAMARILLO SANITARY DISTRICT REGULAR MEETING

WEDNESDAY, JUNE 12, 2013 CITY HALL COUNCIL CHAMBERS


THIS MEETING FOLLOWS THE CAMARILLO LIBRARY BOARD MEETING CONVENING AT 5:00 P.M.

AGENDA


FOR YOUR INFORMATION – The Board of Directors will hear from the public on any item on the agenda or an item of interest that is not on the agenda. The Board of Directors cannot take action on any item not scheduled on the agenda. These items may be referred for administrative action or scheduled on a future agenda. Comments are to be limited to three minutes for each speaker, unless extended by the Board of Directors, and each speaker will only have one opportunity to speak on any one topic. You have the opportunity to address the Board of Directors at the following times:

A. AGENDA ITEMS – during Public Comments or at the time the Board of Directors considers the agenda item;

B. NON-AGENDA ITEMS – during Public Comments at 5:00 p.m.; and

C. PUBLIC HEARINGS – Public Hearings, if scheduled, are heard at 7:30 p.m.

Please keep your comments brief and complete a speaker card for the Assistant Secretary.

CALL TO ORDER

ROLL CALL


II. PUBLIC COMMENTS


A. Minutes

Approval receives and files the minutes of the Camarillo Sanitary District meetings held May 22 and June 5, 2013.

1 CSD June 12, 2013

B. Agreement for Services - Biological Testing AT-2013-1

Consider approving an agreement with Aquatic Bioassay & Consulting Laboratories, Inc., for biological testing services at the bid amount of $73,455. Approval authorizes the District Manager to sign an Agreement for Services for a three-year period, in the amount of $24,485 annually.

C. Agreement for Services - Chemical Analyses AT-2013-2

Consider approving an agreement with FGL Environmental, for chemical analyses to meet permit requirements for the water reclamation plant. Approval authorizes the District Manager to sign an Agreement for Services for a three year term, in the amount of $29,332 annually.

D. CSD Resolution Acknowledging Receipt of Agreement, Securities, and Other Necessary Documents - RPD-173 AMLI Residential

AMLI Residential (RPD-173) proposes to construct 384 apartment units at the east end of the Springville Specific Plan Area on the vacant agricultural parcel. The developer submitted an agreement, securities and other necessary documents, and paid required fees. Approval adopts a CSD Resolution acknowledging receipt of agreement, securities and other necessary documents.

E. Sole Source Purchase - Thioguard for Fiscal Year 2013/14

Consider approving a sole source designation for Hill Brothers Chemical Company to supply Thioguard. Approval authorizes the designation of a sole source provider and authorizes the District Manager to sign a pricing agreement.


A MOTION TO APPROVE THE RECOMMENDATIONS FOR CONSENT CALENDAR ITEMS A THROUGH E.

IV. LEGAL COUNSEL – NO ITEMS

V. COMMENTS FROM STAFF

VI. COMMENTS FROM BOARD MEMBERS

VII. PUBLIC HEARINGS – NO ITEMS

RECESS / RECONVENE

VIlI. DEPARTMENTAL

A. Comments to Draft Environmental Impact Report Camarillo Academy High School and Performing Arts Center (Joint with the City Council)

The Oxnard Union High School District (OUHSD) is proposing to build a new high school and performing arts center on a new 28-acre parcel north of the

2 CSD June 12, 2013

Camarillo Library to be annexed to the City. The OUHSD is the lead agency under CEQA (California Environmental Quality Act) for the project, and they have produced a Draft Environmental Impact Report (DEIR) for 45-day public review. The Planning Commission recommends the Camarillo Sanitary District consider the proposed comments to the DEIR developed by City staff.

Suggested Action: a MOTION to direct staff to draft a comment letter to the Oxnard Union High School District regarding the Camarillo Academy High School and Performing Arts Center Draft Environmental Impact Report, using the proposed comments provided.

IX. ADJOURN


3 CSD June 12, 2013

MINUTES CAMARILLO SANITARY DISTRICT

REGULAR MEETING WEDNESDAY, MAY 22, 2013


Chairman Kildee called the meeting to order at 5:00 p.m.

Directors Present: Kevin Kildee, Chairman Bill Little, Secretary Charlotte Craven, Director Jeanette McDonald, Director Michael Morgan, Director

Staff Present: Bruce Feng, District Manager Tom Fox, Assistant District Manager Bruce Macedo, Police Department Captain Jeffrie Madland, Assistant Secretary Dave Norman, Community Development Director Dan Paranick, Assistant City Manager Richard Petropulos, General Services Director Brian Pie lc, Legal Counsel Mark Uribe, Assistant Finance Director

FLAG SALUTE

Director Craven led the Pledge of Allegiance to the Flag.

I. AMENDMENTS TO THE AGENDA— NONE

PUBLIC COMMENTS — NONE

III. CONSENT CALENDA

Director Morgan moved, seconded by Director Craven, to approve Consent Calendar Items A through D.

A. Minutes

Approved the minutes of the Camarillo Sanitary District meeting held May 8, 2013, as presented.

B. Salinity Management Pipeline (SMP) Discharge Agreement — SS-10-08 Diversion Effluent Diversion Pipeline

Authorized the District Manager to sign a Salinity Management Pipeline Discharge CSD Agreement No. 2013-4 with Calleguas Municipal Water District and an expenditure not-to-exceed $250,000.

CSD III A 1

Assistant Secretary ATTEST:

Chairman

Road.

C. Solicit Bids - Pump Station No. 2 Rehabilitation Project SS-10-04

Authorized staff to invite bids.

D. Agreement - Bacteria Purchase

Authorized the District Manager to sign CSD Agreement No. 2013-5 with Ennix, Inc., for the purchase of aerobic and facultative microorganisms for use in the aerobic digester at the water reclamation plant for FY 13/14.

Motion carried 5-0. IV. DEPARTMENTAL — NONE

V. LEGAL COUNSEL — NONE

VI. COMMENTS FROM STAFF — NONE

VII. COMMENTS FROM BOARD MEMBERS — NONE

VIII. PUBLIC HEARING — NONE

IX. ADJOURN

The meeting adjourned at 5:03 p.m. to Wednesday June 5, 2013, at 6:30 p.m. for the Budget Study Session, at the Camarillo Library, 4101 Las Posas

2 CSD 5/22/13

CSD III A 2

ADJOURNED MEETINGS WEDNESDAY, JUNE 5, 2013


MINUTES BUDGET STUDY SESSION

CAMARILLO CITY COUNCIL CAMARILLO SANITARY DISTRICT

CAMARILLO CITY COUNCIL IN THE CAPACITY OF SUCCESSOR AGENCY

The meeting was called to order at 6:30 p.m. withàIY members present. The City Council was also sitting as the Camarillo SanttaryZtstnct (CSD) andSuccessor Agency (SA). The meeting was held at Camarillo PubliLibrary, 4101 ELas Posas Road, Camarillo, California.

Councilmembers Present:

Staff Present:

Charlotte Craven_ Kevin Kildee, Vice May Bill Little„Councilmember__ Jeanette McDonald, COLOpjlmember Michael MCirgari i---QouncilriTernber

Bruce Feng, City Manage_ .Ronnie Campbell, Finance Director Jeffrie Mad land, City Clerk Dave Norman, Community Development Director Dan-Paranick,A0istant City Manager

ichard -Petropulos, General Services Director Brian Pierik, --City Attorney

uy Stewart, Police Department Commander I Tucker, Deputy Director of Public Works

Mayor Craven _led the Pledge of Allegiance to the Flag.

PUBLIC COMMENT

The Council recessed to Closed Session to discuss the following item:

I. CLOSED SESSION - CONFERENCE WITH LABOR NEGOTIATORS

a. Authority — Government Code Section 54957.6(a) b. Agency designated representatives — City Manager, Assistant City

Manager, and City Attorney c. Employee Organization — City Employees

CSD III A 3

The Council reconvened in the Community Room at 7:45 p.m. with no action to report from Closed Session.

II. FISCAL YEARS 2012-2014 MID-CYCLE BUDGET REVIEW

City Manager Feng presented a request from the Camarillo Council on Aging for $4,000 for printing an update to the Senior Resource Guide.

Val Rains, Camarillo Council on Aging, was present and: respondedto questions from the Council. She noted that if they were able:(2, :generate revenue through advertisements, any additional funds would be returned;to the City.

Councilmember Little moved, seconded byirCoutiamember Morgan, to appropriate $4,000 in the FY 13-14 budget for the Senior Resource Guide.

lion carried 5-0.

Finance Director Campbell gave a P6werpoint presentation reviewing -updates to the FY 12-13 and FY 13-14 budgets, including distribution of an updated executive summary and budget pages.

The Council reviewed the draft budget document and provided the following comments/questions:

• The Council requested a detail of the CIP fund expenditures, including information regarding howmoving-iprojects impacts the reserve funds.

• Councilmember Little asked that a-discussion regarding the Old Library Site be scheduled for an upcoming study session.

• Councilmember McDonald expressed concernabout providing funding for the Fest. She wanted to know - if any part of the event was open and

cessible to the publicrwithout the purchase of a ticket.

he Council requested that additional detail be provided in the future for the categories labeled 'various."

• Councilmember iMcDonald requested detail regarding what the $70,000 payment to the Chamber of Commerce provided to the City.

City Manager Feng presented a request from EDC-VC for $3,000 (as Camarillo's share for the first year) to establish a county-wide Ventura County Regional Film Commission to promote filming within the County.

The Council discussed the request and supported providing funding for the first year, with future funding to be determined based on actual benefit to the City.

City Manager Feng recommended adding $45,000 to the Economic Development Program funding (for a total cost of $100,000) to provide funding for economic development purposes such as developing an economic development strategy,

CC/CSD/SA 6/5/13 2

CSD III A 4

promotion, consulting services, or staff services, as determined by the City Council.

The Council discussed the recommendation and supported leaving the additional funding out of the budget until an economic development plan was in place.

Finance Director Campbell presented a request from the Pleasant Valley School District and Ventura County Department of Airports for waiver of the facility use fee for use of the council chambers.

The Council discussed the request and asked that ::it, be brought back along with additional information regarding the basis for the fee and-Policy 11.01 Use of City Hall Facilities.

III. ADJOURN

The meeting adjourned at 10:50 p.m

erk/Assistant Secretary ATTEST:

Mayor Camarillo City CoUncil/Successor Agency

Chairman Camarillo Sanitary Distnc _

CC/CSD/SA 6/5/13 3

CSD III A 5

Camarillo Sanitary District AGENDA REPORT

Date: June 12, 2013

To: Honorable Chairman and Board of Directors

From: Bruce Feng, District Manager

Submitted by: Tom Fox, Assistant District Manager

Subject: Approval of Agreement for Services for Biological Testing (AT-2013-1)

SUMMARY

This item is to consider an agreement with Aquatic Bioassay & Consulting Laboratories, Inc. (Aquatic Bioassay), for biological testing services at the bid amount of $73,455 for a three-year period.

DISCUSSION

The Camarillo Sanitary District's water reclamation plant has an NPDES Permit issued by the California Regional Water Quality Control Board, which allows discharge of treated effluent to the Conejo Creek. The NPDES permit requires the District to monitor, sample and report on a variety of chemical constituents and bioassay monitoring (i.e. toxicity testing) of plant's effluent and receiving water. The District maintains an on-site laboratory; however, the cost of equipment and manpower required to perform some tests makes it much more cost effective to contract with an outside laboratory.

In May 2013, bid specifications were mailed to two (2) qualified companies and a Notice Inviting Bids was advertised in the local newspaper. Only one bid was received. Aquatic Bioassay was the sole bidder with a total aggregate bid amount of $73,455 for a three-year period. Aquatic Bioassay has been the successful bidder for laboratory testing for the past several years.

BUDGET IMPACT

The cost to the District for annual testing is $24,485. Sufficient funds have been budgeted in fiscal year 2013/14 in Sanitary District Fund-Reclamation Plant division Account No. 871-3740-437.34-01. Purchase requisitions will be issued on an as-needed basis at various times during fiscal years 2013-14, 2014-15, and 2015-16.

CSD III B 1

Biological Testing (AT-2013-1) June 12, 2013 Page 2

SUGGESTED ACTION

Approval authorizes the District Manager to sign an Agreement for Services for a three year period with Aquatic Bioassay in the amount of $24,485 annually.

ATTACHMENT

Agreement for Services

Finance Review: DW

CSD III B 2

AGREEMENT FOR SERVICES BETWEEN

THE CAMARILLO SANITARY DISTRICT AND

AQUATIC BIOASSAY & CONSULTING LABORATORIES, INC. FOR

AT-2013-1, BIOLOGICAL TESTING

This Agreement for Services ("Agreement"), effective as of July 1, 2013 ("Effective Date"), is between AQUATIC BIOASSAY & CONSULTING LABORATORIES, INC., a California corporation ("Contractor") and the CAMARILLO SANITARY DISTRICT, a sanitary district organized pursuant to the California Health and Safety Code ("District"). District and Contractor agree as follows:

1. Scope and Performance of Services

Contractor represents and warrants that it has the qualifications, experience, equipment and facilities necessary to properly perform the services ("Services") described in the attached Exhibit A [Bid Proposal].

Contractor agrees to perform these Services in a thorough, competent and professional manner consistent with generally accepted standards and practices utilized by persons engaged in providing services and work similar to those required of Contractor under this Agreement. Contractor will furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, and all other means whatsoever, except as otherwise expressly specified in this Agreement, necessary or proper to perform and complete the Services required of Contractor under this Agreement.

Contractor must obtain District's prior written approval before utilizing any subcontractors to perform any services under this Agreement. This written approval must include the identity of the subcontractor and the terms of compensation.

Contractor will not be compensated for any Services rendered in connection with this Agreement that is in addition to or outside of the Services set forth in Exhibit A, unless such additional Services are authorized in advance and in writing by District.

District may request changes to the Services, consisting of additions, deletions, or other revisions, and the compensation to be paid Contractor will be adjusted accordingly. All such changes must be authorized in writing, and executed by Contractor and District. The cost or credit to District resulting from changes in the Services will be determined by the written agreement between the parties.

In performing the Services under this Agreement, Contractor is an independent contractor and has control over the manner in which the Services are performed provided that it is consistent with this Agreement. Contractor may not at any time or in any manner represent that it or any of its officers, employees, agents, or subcontractors are in any manner officers, employees, agents or subcontractors of District.

Page 1 of 3

CSD III B 3

2. Term and Termination of Agreement

The initial term ("Term") of this Agreement will be for a period of three years from the Effective Date unless terminated sooner by District as provided in this section or otherwise extended by the mutual written agreement of the parties. District may terminate this Agreement, with or without cause, at any time by written notice of termination to Contractor. In the event such notice is given, Contractor must cease immediately all Services in progress.

3. Payment for Services

District's payments to Contractor for the Services during the Term may not exceed the sum of $73,455.

Contractor must furnish District with an invoice for all Services performed not more than once per month for the prior month's Services. Except as to any charges for Services performed or expenses incurred by Contractor that are disputed by District, District will cause Contractor to be paid within 30 days of receipt of Contractor's invoice.

Any payment to Contractor for Services performed under this Agreement will not be deemed to waive any defects in the Services performed by Contractor.

4. Indemnification

Contractor agrees to indemnify, defend, protect and hold harmless District from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively, "Claims"), which District may suffer or incur or to which District may become subject by reason of or arising out the negligent or willfully wrongful acts or omissions of Contractor, its officers, employees, or agents committed in performing any Services under this Agreement. For the purposes of this section, "District" includes District's officers, officials, employees, agents and volunteers. The provisions of this section do not apply to Claims occurring as a result of the District's sole negligence or willful acts or omissions. The provisions of this section will survive the expiration or earlier termination of this Agreement.

5. General Provisions

There are no understandings or agreements between Contractor and District other than those set forth in this Agreement. This Agreement may not be modified or amended except by written agreement of the parties. Contractor may not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Contractor's duties or obligations under this Agreement without the prior written consent of District. This Agreement is binding upon the successors and permitted assigns of the parties. This Contract will be interpreted, construed, and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts will be in the County of Ventura and venue in federal court will be in the Central District of California, in Los Angeles.

[Signatures on the following page]

Page 2 of 3

CSD III B 4

CAMARILLO SANITARY DISTRICT

Signature:

Printed Name: Bruce Fern District Manager

Date:

AQUATIC BIOASSAY & CONSULTING LABORATORIES, INC.

Signature:

Printed Name: Michael Machuzak, Laboratory Manager

Date:

Page 3 of 3

CSD III B 5

Exhibit A

BID PROPOSAL

CSD III B 6

6)(3


BID PROPOSAL

AT-2013-1, BIOLOGICAL TESTING Fiscal Years July 1, 2013 to June 30, 2016

Quantity (total) Bid Amount

Chronic Toxicity (Selenastrum)* 60 (20/year)

Acute Toxicity 36 (12/year)

Three species (C. dubia, P. promelas, and Selenastrum) Chronic Toxicity Screen 3**

Algal biomass (as chlorophyll-a) • 108 -(36/year

TOTAL BID

* Selenastrum is our current "most sensitive" species which may change depending upon the results of the screen.

** The screening chronic toxicity tests need only be done once (in August, 2014), if the most sensitive species remains Selenastrum. Otherwise, at least two other sets of tests.

NAME (print):

LABORATORY: /Q L-1, 0,7iLi 6 d "a Seal c7k,1 &6) 7X--5 /74)-(LS ji

ADDRESS: 24 IU Ve' 9860)

DATE: /

EXCEPTIONS: (If none, please indicate "NONE.")

/VO

Aquatic Bioassay 2D 'N. Olive St,

\Feat-Tara, CA 93001 F:IDepartments1Public WorkstAdministrattonVathleentAT-2013-1tAT-2013-1 Bid Conditions docP age 3 of 3

Test

CSD III B 7

Camarillo Sanitary District

AGENDA REPORT

Date:

To:

June 12, 2013

Honorable Chairman and Board of Directors

From: Bruce Feng, District Manager


Subject: Approval of Agreement for Services for Chemical Analyses (AT-2013-2)

SUMMARY

This item is to consider an agreement with FGL Environmental, for chemical analyses to meet permit requirements for the water reclamation plant.

DISCUSSION

The Camarillo Sanitary District's water reclamation plant has an NPDES Permit issued by the California Regional Water Quality Control Board, which allows discharge of treated effluent to the Conejo Creek. The NPDES permit requires the District to monitor, sample and report on a variety of chemical constituents and bioassay monitoring (i.e. toxicity testing) of plant's effluent and receiving water. The District maintains an on-site laboratory; however, the cost of equipment and manpower required to perform some tests makes it much more cost effective to contract with an outside laboratory.

In May 2013, bid specifications were mailed to three (3) qualified companies and a Notice Inviting Bids staff advertised in the local newspaper and solicited bids from laboratories that could provide chemical analyses services for a three-year term. The following two bids were received:

Bidder Annual Cost Three-Year Period FGL Environmental $29,332 $87,996 Weck Laboratories $32,560 $97,680

Staff recommends FGL Environmental to provide chemical analyses for a three-year period, in the amount of $29,332 annually, for a total of $87,996. FGL Environmental submitted the lowest bid.

CSD III C 1

Chemical Analyses (AT-2013-2) June 12, 2013 Page 2

BUDGET IMPACT

Sufficient funds for the chemical analyses have been budgeted in fiscal year 2013/14 in Sanitary District Fund-Reclamation Plant division Account No. 871-3740-437.34-01. Purchase requisitions will be issued on an as-needed basis at various times during fiscal years 2013-14, 2014-15, and 2015-16.

SUGGESTED ACTION

Approval authorizes the District Manager to sign an Agreement for Services with FGL Environmental for a three year term, in the amount of $29,332 annually.

ATTACHMENT

Agreement for Services

Finance Review: DW

CSD III C 2

AGREEMENT FOR SERVICES BETWEEN

THE CAMARILLO SANITARY DISTRICT AND

FGL ENVIRONMENTAL FOR

AT-2013-2, CHEMICAL ANALYSES

This Agreement for Services ("Agreement"), effective as of July 1, 2013 ("Effective Date"), is between FGL ENVIRONMENTAL, a California corporation ("Contractor") and the CAMARILLO SANITARY DISTRICT, a sanitary district organized pursuant to the California Health and Safety Code ("District"). District and Contractor agree as follows:

1. Scope and Performance of Services

Contractor represents and warrants that it has the qualifications, experience, equipment and facilities necessary to properly perform the services ("Services") described in the attached Exhibit A [Bid Proposal].

Contractor agrees to perform these Services in a thorough, competent and professional manner consistent with generally accepted standards and practices utilized by persons engaged in providing services and work similar to those required of Contractor under this Agreement. Contractor will furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, and all other means whatsoever, except as otherwise expressly specified in this Agreement, necessary or proper to perform and complete the Services required of Contractor under this Agreement.

Contractor must obtain District's prior written approval before utilizing any subcontractors to perform any services under this Agreement. This written approval must include the identity of the subcontractor and the terms of compensation.

Contractor will not be compensated for any Services rendered in connection with this Agreement that is in addition to or outside of the Services set forth in Exhibit A, unless such additional Services are authorized in advance and in writing by District.

District may request changes to the Services, consisting of additions, deletions, or other revisions, and the compensation to be paid Contractor will be adjusted accordingly. All such changes must be authorized in writing, and executed by Contractor and District. The cost or credit to District resulting from changes in the Services will be determined by the written agreement between the parties.

In performing the Services under this Agreement, Contractor is an independent contractor and has control over the manner in which the Services are performed provided that it is consistent with this Agreement. Contractor may not at any time or in any manner represent that it or any of its officers, employees, agents, or subcontractors are in any manner officers, employees, agents or subcontractors of District.

Page 1 of 3

CSD III C 3

2. Term and Termination of Agreement

The initial term ("Term") of this Agreement will be for a period of three years from the Effective Date unless terminated sooner by District as provided in this section or otherwise extended by the mutual written agreement of the parties. District may terminate this Agreement, with or without cause, at any time by written notice of termination to Contractor. In the event such notice is given, Contractor must cease immediately all Services in progress.

3. Payment for Services

District's payments to Contractor for the Services during the Term may not exceed the sum of $87,996.

Contractor must furnish District with an invoice for all Services performed not more than once per month for the prior month's Services. Except as to any charges for Services performed or expenses incurred by Contractor that are disputed by District, District will cause Contractor to be paid within 30 days of receipt of Contractor's invoice.

Any payment to Contractor for Services performed under this Agreement will not be deemed to waive any defects in the Services performed by Contractor.

4. Indemnification

Contractor agrees to indemnify, defend, protect and hold harmless District from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively, "Claims"), which District may suffer or incur or to which District may become subject by reason of or arising out the negligent or willfully wrongful acts or omissions of Contractor, its officers, employees, or agents committed in performing any Services under this Agreement. For the purposes of this section, "District" includes District's officers, officials, employees, agents and volunteers. The provisions of this section do not apply to Claims occurring as a result of the District's sole negligence or willful acts or omissions. The provisions of this section will survive the expiration or earlier termination of this Agreement.

5. General Provisions

There are no understandings or agreements between Contractor and District other than those set forth in this Agreement. This Agreement may not be modified or amended except by written agreement of the parties. Contractor may not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Contractor's duties or obligations under this Agreement without the prior written consent of District. This Agreement is binding upon the successors and permitted assigns of the parties. This Contract will be interpreted, construed, and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts will be in the County of Ventura and venue in federal court will be in the Central District of California, in Los Angeles.

[Signatures on the following page]

Page 2 of 3

CSD III C 4


Signature:

Printed Name: Bruce Fen% District Manager

Date:

FGL ENVIRONMENTAL

Signature:

Printed Name: Denis Barry, Marketing Director

Date:

Page 3 of 3

CSD III C 5

Exhibit A

BID PROPOSAL

CSD III C 6


BID PROPOSAL

AT-2013-2, CHEMICAL ANALYSES Fiscal Years July 1, 2013, to June 30, 2016

'Bid Due: 10:15 am., May 30 , 2013**

TOTAL BID $ 29,332.00

AUTHORIZED SIGNATURE:

PRINT NAME:

LABORATORY:

ADDRESS:

DATE:

Denis Barry

FGL Environmental

853 Corporation Street, Santa Paula, CA 93060

5/29/2013

EXCEPTIONS: (If none, please indicate "NONE.")

NONE

F:,^:pz.rtrner-As,Pub;it; MAVAdrninislraZion,liatMeen`AT-2013-2‘AT-7013-2 Specific2tion do,Page 9 of 9

CSDII1C 7

Date: June 12, 2013


From: Bruce Feng, District Manage


/7


Subject: CSD Resolution Acknowledging Receipt of Agreement, Securities and Other Necessary Documents for RPD-173, AMLI Residential

SUMMARY

AMLI Residential (RPD-173) proposes to construct 384 apartment units at the east end of the Springville Specific Plan Area on the vacant agricultural parcel. The developer submitted an agreement, securities and other necessary documents, and paid required fees.

DISCUSSION

The Planning Commission of the City of Camarillo on October 4, 2011, conditionally approved RPD-173 location as shown on the attached map. The project was conditioned to construct certain sanitary improvements for which an agreement and securities are required. These documents have been submitted.

Improvement plans are available for review in the office of the City Engineer. Resolution No. 2011-31, with project conditions of approval, is available for review in the office of the Director of Community Development.

BUDGET IMPACT

None. This item does not require an expenditure of funds.

SUGGESTED ACTION

Approval adopts a CSD Resolution acknowledging receipt of agreement, securities and other necessary documents.

ATTACHMENTS Location map Resolution

Finance Review: DW

CSD III D 1

ECT SITE V/ DAILY DRIVE

VENTURA FWY 101 E DAILY DRIVE

cc CALLE LA GUERRA

I.

PONDEROSA DR

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111•11

LY i. VE

. 40 VENTURA

RPD-173 AMLI Residential

CITY OF CAMARILLO PUBLIC WORKS

CSD III D 2

CSD RESOLUTION NO. 2013-

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CAMARILLO SANITARY DISTRICT ACKNOWLEDGING RECEIPT OF AGREEMENT, SECURITIES AND OTHER NECESSARY DOCUMENTS FOR RPD-173, AMLI RESIDENTIAL

The Board of Directors of the Camarillo Sanitary District resolves as follows:

SECTION 1: The Board of Directors of the Camarillo Sanitary District finds and declares that the developer of RPD-173 has submitted the required agreement, securities and other necessary documents to guarantee construction of sanitary sewer and other sanitary facility improvements.

SECTION 2: Agreement and Fidelity & Deposit Company of Maryland Performance/Labor and Materials Bonds No. 09092982 in the amount of $397,055 for the construction of sanitary improvements are acknowledged as received.

PASSED AND ADOPTED June 12, 2013.

Chairman Attested to on

Assistant Secretary

I, Jeffrie Madland, Assistant Secretary of the Camarillo Sanitary District, certify CSD Resolution No. 2013- was adopted by the Board of Directors of the Camarillo Sanitary District at a regular meeting held June 12, 2013, by the following vote:

AYES: Directors: NOES: Directors: ABSENT: Directors:

Assistant Secretary

c: AMLI Residential Fidelity & Deposit Company of Maryland Department of Public Works (2) Department of Finance Information Systems Division

CSD III D 3

Date:

To:

From:


June 12, 2013

Honorable Chairman and Board of Directors

Bruce Feng, District Manage


Subject: Sole Source Purchase - Thioguard for Fiscal Year 2013/14

SUMMARY

The item is to consider approval of a sole source designation for Hill Brothers Chemical Company (Hill Brothers) to supply Thioguard.

DISCUSSION

Hydrogen sulfide generation in two of the District's pump stations previously caused significant damage to the collection system and the treatment plant, which resulted in costly repair projects.

Ten years ago after field testing various chemicals, operations staff began using Thioguard which significantly reduced hydrogen sulfide damage. An alternative to the use of Thiogard is ferrous chloride which is about 20% higher in price and not as effective in controlling hydrogen sulfide. Thioguard is a proprietary chemical manufactured by Premier Chemicals, with Hill Brothers as the exclusive authorized distributor and licensee in California and ten other western states. The price for FY 2013/14 is $521.05.81/ton and reflects a 4.6% increase over FY 2012/13 with the terms outlined in the attached Pricing Agreement. The agreement does not preclude the District from using alternative products if such alternatives become available.

Per the City's Administrative Policies and Procedures, Section 4.1.E, Hill Brothers qualifies for sole source purchase designation.

CSD III E 1

Sole Source Purchase - Thioguard June 12, 2013 Page 2

BUDGET IMPACT

Sufficient funds have been budgeted in fiscal year 2013/14 in Sanitary District Fund-Collection System division Account No. 871-3730-437-61-61 to cover the estimated cost of $130,000.

SUGGESTED ACTION

Approval authorizes the designation of Hill Brothers Chemical Company as a sole source provider and authorizes the District Manager to sign a pricing agreement for the purchase of Thioguard for FYI 3/14.

ATTACHMENT

CSD Pricing Agreement

Finance Review: DW

CSD III E 2

PRICING AGREEMENT

THIS PRICING AGREEMENT ("Agreement") is entered into effective as of July 1, 2013 ("Effective Date"), by and between the CAMARILLO SANITARY DISTRICT, a sanitary district organized pursuant to the California Health and Safety Code ("District"), and Hill Brothers Chemical Company, a California corporation ("Vendor").

RECITALS

A. District is interested in purchasing Thioguard (Product) from Vendor.

B. District's decision to utilize Vendor is dependent in part on the District's ability to obtain such Product at a fixed or stable price over a defined period.

C. In order to obtain or potentially obtain business from District, Vendor is willing to offer District such Product at a fixed or stable price over the term of this Agreement. Vendor acknowledges that this Agreement does not require District to purchase such Product from Vendor in any particular amounts, or at any particular time, or at all during the term of this Agreement.

NOW, THEREFORE, in consideration of the recitals and mutual covenants and conditions contained in this Agreement, the parties agree as follows:

1. Pricing. The pricing of Product will remain at $521.05 per ton during fiscal year 2013-14 (July 1, 2013 — June 30, 2014).

2. Term. The term of this Agreement will commence on the Effective Date and continue until June 30, 2014, unless otherwise extended by the mutual written agreement of the parties.

3. General Provisions. This Agreement constitutes the entire understanding between the parties with respect to the pricing of the Service. This Agreement may not be amended except by a written document signed by both parties. This Agreement is governed by and enforceable in accordance with California law.

CAM #4829-3804-1088 V1

Page 1 of 2

CSD III E 3

IN WITNESS WHEREOF, District and Vendor have executed this Agreement as follows.


Bruce Feng, District Manager

APPROVED AS TO FORM:

Legal Counsel

HILL BROTHERS CHEMICAL COMPANY

John Padilla, Jr.

c: Public Works Department (3)

Page 2 of 2

CSD III E 4

Camarillo Sanitary District

AGENDA REPORT

Date: June 12, 2013


From: Planning Commission

Submitted by: Dave Norman, Director Department of Community Development

Subject: Comments to Draft Environmental Impact Report — Camarillo Academy High School + Performing Arts Center

SUMMARY

The Oxnard Union High School District (OUHSD) is proposing to build a new high school and performing arts center on a new 28-acre parcel north of the Camarillo Library to be annexed to the City. The OUHSD is the Lead Agency under CEQA (California Environmental Quality Act) for the project, and they have produced a Draft Environmental Impact Report (DEIR) for a 45-day public review. The Planning Commission recommends the Camarillo Sanitary District consider the proposed comments to the DEIR developed by City staff.

DISCUSSION

(Please see the companion Agenda Report on the City Council Agenda of this date, which discusses DEIR comments from the City's (rather than the Sanitary District's) perspective as a Responsible Agency).

The OUHSD is proposing to build and operate a 28-acre Camarillo Academy High School + Performing Arts Center (CAHS+PACS) campus north of the Camarillo Library to accommodate 700 -1,000 students, beginning in Fall 2015.

The 28-acre parcel of land upon which the campus would be built is part of a larger 77.3-acre parcel of unincorporated farm land north of the Camarillo Library, known as the "Bell Ranch" site, and purchased by OUHSD in 2005. A subsequent Local Agency Formation Commission (LAFCo)-required Alternative Site Analysis confirmed that the chosen site is OUHSD's "Preferred Site" (i.e., least affected by natural and/or man-made impacts and most likely to be approved by the California Development of Education) upon which to build the new Academy. On March 13, 2013, the City Council also recognized the Bell Ranch site as the Preferred Site for the new high school.

CSD VIII A 1

Comments to CAHS+PACS DEIR June 12, 2013 Page 2 of 4

Following the Council's March 13 action, the OUHSD, in consultation with City staff, LAFCo staff, and others, prepared the DEIR, which is in its 45-day comment period until June 19, 2013. The City may submit written comments on the DEIR no later than that date.

The proposed project consists of a new high school and a performing arts center with associated facilities, including an administration building, classrooms, a laboratory, media centers, a food service and multipurpose dining building, an exercise room, maintenance and operations shed, central plant yard for mechanical equipment, a multipurpose recreational field, parking lots for automobiles and buses, and internal roadways. Improvements adjacent to the school site include roadway extensions, driveway modifications, a new traffic signal, and connections to utilities.

Pages 1-36 of the DEIR provide an excellent Executive Summary of the project, including a comprehensive Summary of Project Impacts, Project Design Features, Mitigation Measures, Standard Conditions, and Level of Significance after Mitigation. Pages 3-1 through 3-45 provide the Project Description. We encourage your review of the material in these sections.

Lead vs. Responsible AciencV

The Oxnard Unified High School District is the Lead Agency under CEQA for the development of the high school project. The Camarillo Sanitary District is a Responsible Agency under CEQA for the initiation of annexation of the CAHS+PACS property, connection of the property to the sewer system, and possible District participation in the cost of upsizing segments of the Lewis Road trunk-line. The City of Camarillo is also a Responsible Agency, as it is responsible for approving of portions of the project, such as the General Plan Amendment (GPA), Pre-Zoning and Annexation, and road connections and improvements for the project. The EIR, though certified by the OUHSD, will be used by the Camarillo Sanitary District and the City for their respective discretionary approval actions.

In accordance with CEQA, staff has been in consultation with the OUHSD during the preparation of the DEIR to ensure that the EIR will be adequate for the Sanitary District's and City's use during the consideration of their future discretionary approvals. However, CEQA encourages Responsible Agencies to review and comment on DEIRs, focusing on any shortcomings in the EIR or mitigation measures that the EIR should include. As a Responsible Agency, the comments must be limited to those project activities that are within the District's areas of expertise, or which are required to be carried out or approved by the District, or which will be subject to the exercise of powers by the District.

If the District Board believes that the OUHSD's certified Final EIR is not adequate for its use in approving those portions of the project for which they are responsible (i.e., annexation, connection to the sewer system, and possible participation in the upsizing of portions of the Lewis Road trunk line), the District Board must take the issue to court within 30 days after the OUHSD files a Notice of Determination, which they are

CSD VIII A 2


expected to do shortly after July 24. Assuming that no legal action is necessary to ensure the adequacy of the EIR, the Planning Commission, at its meeting of August 6, will review the certified Final EIR and recommend to the Sanitary District and Ctiy Council the adequacy of the certified Final EIR with appropriate findings. Also at that meeting, the Commission will consider recommending approval of the General Plan Amendment, Pre-Zoning of the Bell Ranch parcel, and application to LAFCO for the Annexation of the property into the Sanitary District and the City.

As currently scheduled, Camarillo Sanitary District Board and the City Council will take action on the Planning Commission's recommendations for acceptance of the Final EIR and pre-annexation actions on August 28.

Project Impacts, Mitigation Measures, and Proposed Comments

(Please refer to the City Council Agenda Report for the comprehensive discussion of all the comments proposed by staff and recommended by the Planning Commission.)

Although the project would incorporate low-flow plumbing fixtures, the proposed project will generate new wastewater flows that may require that some segments in the Lewis Road wastewater trunk line be upsized, based on previous collection flow estimates. In addition to the CAHS+PAC's flows, the flows from the development of the Village Gateway projects (former Imation property adjacent to Lewis Road) may also add to the need to upsize the Lewis Road line. The potential impact associated by these additional flows has been addressed by Mitigation Measure 4.13.1, as identified on pages 1-29 and 4.13-25 as follows:

Sewer Improvements, Prior to the start of construction, the Oxnard Union High School District (OUHSD) will complete a sewer study to determine which segments of the Camarillo Sanitary District's (CSD) collection system in Lewis Road need additional capacity to accommodate the proposed high school. The OUHSD will be required to pay for or otherwise participate in upsizing the sewer capacity of any segments identified that need additional capacity to accommodate the project. The CSD may require any upsizing necessary to be completed by the OUHSD or other project developers in the Lewis Road area, or the CSD itself may construct the project. The CSD has not yet determined the most feasible method to achieve the upsizing of the sewer segments.

Staff finds this mitigation measure to be adequate for reducing and/or eliminating the identified impact. However, it is noted that Mitigation Measure 4.13.1 is not included in the Mitigation and Monitoring Reporting Program, and the Planning Commission recommends the City's and District's comment letters request that this oversight be corrected in the Final EIR.

CSD VIII A 3


Comment Letter Recommendation:

In summary, staff believes the DEIR adequately describes the proposed CAHS+PACS project and identifies the environmental impacts associated with the construction and operation of the campus. There is one minor comment that should be made regarding the DEIR from the perspective of the Sanitary District, and the Planning Commission recommends the District's letter include the following:

1. Though identified in Table 1.C, and on page 4.13-25, Mitigation Measure 4.13.1 (pertaining to sewer improvements) needs to be included in the Mitigation and Monitoring Reporting Program. The OUHSD Project Manager and Camarillo Sanitation District should be identified as the Responsible Parties for carrying out the mitigation, with the timing for mitigation prior to the opening of the school facility.

BUDGET IMPACT


SUGGESTED ACTION

a MOTION to direct staff to draft a comment letter to the Oxnard Union High School District regarding the Camarillo Academy High School + Performing Arts Center Draft Environmental Impact Report, using the proposed comment provided.

REFERENCE MATERIALS — AVAILABLE FOR REVIEW AT CITY HALL

CAHS+PACS Draft Environmental Impact Report*

*Note: This report was previously distributed to the Camarillo Sanitary District Board and is available for review at Camarillo City Hall, on the counter of the Department of Community Development, as well as on the City's website at: www.ci.camarillo.ca.us/New High School/New Camarillo HS Draft EIR.

Finance Review: DW

CSD VIII A 4

CITY OF CAMARILLO CITY COUNCIL IN THE CAPACITY OF SUCCESSOR AGENCY TO THE

CAMARILLO COMMUNITY DEVELOPMENT COMMISSION FOR REDEVELOPMENT PURPOSES AND FOR HOUSING PURPOSES 1

SPECIAL MEETING WEDNESDAY, JUNE 12, 2013

CITY HALL COUNCIL CHAMBERS 601 CARMEN DRIVE, CAMARILLO, CALIFORNIA

THIS MEETING FOLLOWS THE CAMARILLO LIBRARY BOARD AND CAMARILLO SANITARY DISTRICT MEETINGS CONVENING AT 5:00 P.M.

AGENDA


FOR YOUR INFORMATION – The City Council will hear from the public on any item on the agenda or an item of interest that is not on the agenda. The City Council cannot take action on any item not scheduled on the agenda. These items may be referred for administrative action or scheduled on a future agenda. Comments are to be limited to three minutes for each speaker, unless extended by the City Council, and each speaker will only have one opportunity to speak on any one topic. You have the opportunity to address the City Council at the following times:

A. AGENDA ITEM – at the time the City Council considers the agenda item OR during Public Comments, and

B. NON-AGENDA ITEMS – during Public Comments; and

C. PUBLIC HEARINGS – Public Hearings are heard at 7:30 p.m. if scheduled.

Please keep your comments brief and complete a speaker card for the City Clerk.

CALL TO ORDER

ROLL CALL


1 On January 11, 2012, the Camarillo City Council adopted Resolution No. 2012-8 electing to serve as the successor to the Camarillo Community Development Commission for redevelopment purposes pursuant to Health and Safety Code Section 34173(d)(1). On January 11, 2012, the Camarillo City Council adopted Resolution No. 2012-9 electing to have the City retain the housing assets and functions previously performed by the Camarillo Community Development Commission pursuant to Health and Safety Code Section 34176.

1 SUCCESSOR AGENCY June 12, 2013

II. PUBLIC COMMENTS


A. Minutes

Approval receives and files the minutes of the Successor Agency meetings held May 22 and June 5, 2013.


A MOTION TO APPROVE THE RECOMMENDATIONS FOR CONSENT CALENDAR ITEM A.

IV. DEPARTMENTAL – NO ITEMS

V. LEGAL COUNSEL

A. Closed Session

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Initiation of Litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9; Number of cases: one


VII. COMMENTS FROM COUNCILMEMBERS

VIII. PUBLIC HEARING – NO ITEMS

IX. ADJOURN


2 SUCCESSOR AGENCY June 12, 2013

II. PUBLIC COMMEN

A. Minutes

MINUTES CITY OF CAMARILLO CITY COUNCIL IN THE CAPACITY OF SUCCESSOR

AGENCY TO THE CAMARILLO COMMUNITY DEVELOPMENT COMMISSION FOR REDEVELOPMENT AND FOR HOUSING PURPOSES

SPECIAL MEETING WEDNESDAY, MAY 22, 2013


Mayor Craven called the meeting to order at 5:04 p.m.


Staff Present:

Charlotte Craven, Mayor Kevin Kildee, Vice May, Bill Little, Councilmeml er Jeanette McDonal6Gouncilmember Michael Morgan,C6uncilmember

Bruce Feng City Manager Tom Fox, Publibfflorks-Director Bruce MacedoPoli_ce Department Captain Jeffrie Madland, City Clerk Dave Norman, Community Development Director Dan P_a_ranic_k -,7Assistant City Manager Richard__-_Petro0 ..1:6,s,-peneral - Services Director Brian Pierik, CityAttorney_ -- Mark Uribe Assistant Finance Director

AMENDMENTS TO THE-AGENDA'-; NONE

Vice Mayor Kilidee alb -V-0, seconded by Councilmember McDonald, to approve Consent CalendarItems A and B.

Approved the minutes of the Successor Agency meeting held May 8, 2013, as presented.

B. Resolution — Disbursements

Adopted SA Resolution No. 2013-43 approving disbursements dated on or before May 15, 2013.

Motion carried 5-0. IV. DEPARTMENTAL — NONE

VI. COMMENTS FROM STAFF — NONE

VII. COMMENTS FROM COUNCILMEMBERS — NONE

SA III A 1

Mayor

VIII. PUBLIC HEARING — NONE

RECESS

At 5:05 p.m. the Council recessed.

V. LEGAL COUNSEL

At 8:55 p.m., the Council reconvened in Closed Session to discuss the following item:

A. Closed Session

CONFERENCE WITH LEGAL COUNSEL - A DCIRTED LITIGATION

Initiation of Litigation pursuant to paragra Government Code Section 54956.9; NE

IX. ADJOURN

lz(4) of subdivision (d) of er of cases: one

The meeting adjourned at _9:15 p.m., wit h no action to report from Closed Session, to Wednesday, June 5, 2013, at 6:30 p.m. for the Budget Study Session, at the Camarillo Library, 4101 Las Posas Road.

ATTEST: City Clerk

SA 5/22/13 2 SA III A 2

Minutes for the June 5, 2013, Budget Study Session are located under CSD Agenda Item Ill A.

SA III A 3

CITY OF CAMARILLO CITY COUNCIL REGULAR MEETING

WEDNESDAY, JUNE 12, 2013 CITY HALL COUNCIL CHAMBERS

601 CARMEN DRIVE, CAMARILLO, CALIFORNIA THIS MEETING FOLLOWS THE CAMARILLO LIBRARY BOARD, CAMARILLO SANITARY

DISTRICT, AND SUCCESSOR AGENCY MEETINGS CONVENING AT 5:00 P.M.

AGENDA

AGENDA REPORTS AND OTHER DISCLOSABLE PUBLIC RECORDS RELATED TO OPEN SESSION AGENDA ITEMS ARE AVAILABLE ON THE CITY’S WEBSITE AT WWW.CI.CAMARILLO.CA.US UNDER AGENDAS AND AT CITY HALL LOCATED AT 601 CARMEN DRIVE, CAMARILLO, IN THE OFFICE OF THE CITY CLERK DURING REGULAR BUSINESS HOURS, MONDAY THROUGH FRIDAY, 8:00 A.M. TO 5:00 P.M. MEETINGS ARE BROADCAST ON THE LOCAL GOVERNMENT CHANNELS – TIME WARNER CHANNEL 10 AND VERIZON CHANNEL 29.



B. NON-AGENDA ITEMS – during Public Comments at 7:30 p.m., comments will be received for a maximum 20-minute period; any additional requests will be heard following the completion of the Council agenda; and

C. PUBLIC HEARINGS – Public Hearings are heard at 7:30 p.m. if scheduled.


CALL TO ORDER

ROLL CALL

I. AMENDMENTS TO THE AGENDA - this is the time and place to change the order of the agenda, delete or add any agenda item(s).

II. PRESENTATIONS – NO ITEMS


A. Minutes

Approval receives and files the minutes of the Camarillo City Council meetings held May 22 and June 5, 2013.

1 June 12, 2013

B. Resolution - Disbursements

Approval adopts a Resolution approving disbursements dated on or before June 5, 2013.

C. Resolution Adopting the Fiscal Year 2013/14 Investment Policy

Pursuant to the City's Investment Policy, the City Council shall annually consider and adopt a written Investment Policy. The Investment Committee met on May 22, 2013, to review the policy. The Committee does not recommend any changes to the policy. Approval adopts a Resolution approving the FY 2013/2014 Investment Policy 3.04.

D. California Emergency Management Agency Designation of Applicant's Agent Resolution

The California Emergency Management Agency’s (CAL EMA) Designation of Applicant's Agent Resolution authorizes a public entity to submit applications for the purpose of obtaining federal financial assistance. The City has one pending application for cost recovery for the Springs Fire on May 2, 2013. Approval adopts the Resolution (CAL EMA Form 130) designating the City’s authorized agent.

E. Resolution Authorizing Application to the California Department of Resources Recycling and Recovery (CalRecycle) - Used Oil Payment Program

California Department of Resources Recycling and Recovery provides funds to assist local governments in establishing or enhancing permanent, sustainable used oil and filter collection programs. Approval adopts a Resolution authorizing the City Manager or designee to submit an application, execute any forms necessary to secure $19,286 in Used Oil Payment Program funds, and carry out the specified activities required by CalRecycle.

F. Legislative Committee's Recommendations on Current Legislation

The City Council Legislative Committee met on May 22, 2013, and made recommendations regarding positions on State Assembly and Senate bills of interest to Camarillo. Approval confirms the Committee's recommended positions on State Assembly and Senate bills, ratifies one position letter sent, and receives and files the 2013 Legislative Bill Tracking Summary.

G. Extension of Agreements with E.J. Harrison & Sons, Inc. - Commercial and Residential Waste Hauling

Consider extending the Commercial and Residential Waste Hauling Agreements, with E.J. Harrison & Sons, Inc., for an additional one-year period to allow additional time for staff to review and consider options regarding the two franchise agreements which are scheduled to expire on June 30, 2013. Approval authorizes the Fourth Amendment to the solid waste commercial franchise agreement and the Third Amendment to the residential franchise agreement extending the terms of both franchise agreements for one year.

2 June 12, 2013

H. Ordinance No. 1077 an Ordinance of the City Council of the City of Camarillo Amending Chapter 19.04 of Title 19 of the Camarillo Municipal Code Pertaining to the Definitions of and Permitted Zones for Supportive and Transitional Housing and Making Other Conforming Amendments to Title 19

Ordinance No. 1077 was introduced by the City Council on May 22, 2013. Approval constitutes adoption of Ordinance No. 1077, reading of the title as stated in the agenda, and waiver of reading of the Ordinance.

I. Resolution Approving Plans and Specifications and Notice to Invite Bids - ST-12-03 2013 Annual Overlay Program

Consider authorizing the subject project to proceed with inviting bids for construction. Approval adopts a Resolution authorizing the project, approving plans and specifications, and directing staff to invite bids.

J. Resolution Exonerating Warranty Securities - ST-09-03 2010 Annual Overlay Program

Warranty securities were held for the required maintenance period for the subject project and may be exonerated. Approval adopts a Resolution exonerating warranty securities.

K. Resolution Summarily Ordering the Vacation of a Portion of West Daily Drive and Approval of a Quitclaim Deed

The portion of West Daily Drive within the AMLI property, westerly of its existing improved partial cul-de-sac terminus, west to the City's water Well D is considered for summary vacation. The area to be vacated is excess right-of-way of a street and is not required for street purposes. Approval adopts a Resolution summarily ordering the vacation of a portion of West Daily Drive with reservation of easements, and authorizes the Mayor to sign the quitclaim document.

L. Resolution Approving Plans and Specifications and Notice to Invite Bids and Solicit Request for Qualifications for Construction Management Services - Pancho Road Reclaimed Pipeline WT-12-01

Consider approval to solicit construction bids and request for qualifications (RFQ) for construction management services for the project. Approval adopts a Resolution approving plans and specifications, directs staff to solicit construction bids, and issue a RFQ/RFP for construction management services.


A MOTION TO APPROVE THE RECOMMENDATIONS FOR CONSENT CALENDAR ITEMS A THROUGH L.

IV. CITY COUNCIL – NO ITEMS

V. FINANCE – NO ITEMS

3 June 12, 2013

VI. PUBLIC WORKS

A. Resolution Approving Improvement Plans and Acknowledging Receipt of Securities and Other Necessary Documents - RPD-173 AMLI Residential

AMLI Residential proposes to construct 384 apartment units at the east end of the Springville Specific Plan Area on the vacant agricultural parcel. The developer submitted improvement plans, agreements, securities, and other necessary documents, and paid required fees.

Suggested Action:

1. a MOTION to adopt a Resolution approving improvement plans and acknowledging receipt of agreements, securities, and other necessary documents, authorizing the City Manager to accept the dedications and sign the agreements, and authorizing the City Engineer to sign improvement plans.

2. Consider AMLI's request to set a public hearing to consider changes to the project conditions of approval and a risk agreement with financial security.

VII. COMMUNITY DEVELOPMENT

A. Comments to Draft Environmental Impact Report - Camarillo Academy High School and Performing Arts Center (Joint with the Camarillo Sanitary District)

The Oxnard Union High School District (OUHSD) is proposing to build a new high school and performing arts center on a new 28-acre parcel north of the Camarillo Library to be annexed to the City. The OUHSD is the Lead Agency under CEQA (California Environmental Quality Act) for the project, and they have produced a Draft Environmental Impact Report (DEIR) for 45-day public review. The Planning Commission recommends the City Council consider the proposed comments to the DEIR developed by City staff.

Suggested Action: a MOTION to direct staff to draft a comment letter to the Oxnard Union High School District regarding the Camarillo Academy High School and Performing Arts Center Draft Environmental Impact Report, using the proposed comments provided.

VIII. CITY ATTORNEY

A. Closed Session

1. CONFERENCE WITH LABOR NEGOTIATORS

a. Authority – Government Code Section 54957.6(a) b. Agency designated representatives – City Manager, Assistant City

Manager, City Attorney, and Finance Director c. Employee Organization – City Employees

4 June 12, 2013

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9; Number of cases: one.

3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9; Name of case: Yolanda Kueny v. City of Camarillo, et.al .; Case Number 56-2012-00427311-CU-OE-VTA

IX. CITY MANAGER – NO ITEMS

X. CITY CLERK – NO ITEMS

XI. GENERAL SERVICES

A. Enterprise Fleet Management Agreement and Lease

Consider approving a Master Equity Lease Agreement for vehicle leasing with Enterprise Fleet Management for city fleet vehicles. Each individual lease will be brought before the City Council for approval.

Suggested Action:

1. a MOTION to authorize the City Manager to enter into a five-year Master Equity Lease Agreement with Enterprise Fleet Management and designate the Director of General Services as the contract manager for the fleet program.

2. a MOTION to approve leasing fleet vehicles for Units 368 and 18.

XII. WRITTEN COMMUNICATIONS - NO ITEMS

XIII. NEW BUSINESS - ORAL COMMUNICATIONS - INFORMATIONAL ITEMS, which do not require action, will be reported by members of staff and the City Council as follows:

A. City Manager

B. City Attorney

C. Members of City Council

RECESS / RECONVENE IN THE ADMINISTRATIVE CONFERENCE ROOM

XIV. STUDY SESSION

A. California Homemade Food Act (AB 1616) and Cottage Food Operations

5 June 12, 2013

CALL TO ORDER IN COUNCIL CHAMBERS AT 7:30 P.M.

ROLL CALL

FLAG SALUTE – BOY SCOUT TROOP 3877

AMENDMENTS TO AGENDA

XV. PRESENTATIONS

A. Certificates of Recognition - Deputy of the Year

The Mayor will present a certificate to Deputy Thomas Miller in recognition of being named Deputy of the Year.

XVI. PUBLIC COMMENTS

XVII. PUBLIC INFORMATION ITEMS - NO ITEMS

XVIII. PUBLIC HEARINGS

A. Resolution Declaring the Results of the Property Owner Assessment Ballot Proceeding to Form Adolfo Glen II Landscape Maintenance District and to Concurrently Detach Zone 9 from the City's Landscape Maintenance District

This item is to determine the results of the property owner assessment ballot proceeding for the formation of a new landscape maintenance district. Depending on the results of the proceedings, adjustments to Zone 9 could occur. There are several parcels that were not originally included in the Zone 9 Landscape Maintenance District. The City has conducted an assessment ballot proceeding to form a new district, Adolfo Glen II Landscape Maintenance District. The new district would include the parcels in existing Zone 9 and approximately 60 additional parcels. If the new district is formed, there will be a concurrent detachment of Zone 9 from the City's Landscape Maintenance District.

Suggested Action:

1. a MOTION to adopt a Resolution declaring the results of the Property Owner Protest Ballot Proceedings; and if protest ballot proceedings are successful for Zone 9,

2. a MOTION to adopt a Resolution confirming the new Engineer's Report regarding formation of new District and levy an assessment for said District.

XIX. DEPARTMENTAL ITEMS

A. General Plan Amendment (GPA) Referral Request – Triliad Development, Inc/PEGH Investments, LLC

In accordance with City Council Policy 7.01, Mayor Craven has placed on the

6 June 12, 2013

Agenda a request by Triliad Development Incorporated to reconsider the approval of a change in General Plan Land Use Designation from Industrial to High-Density Residential for an approximate 8.66-acre group of parcels at the southwest corner of Verdugo Way and Camino Ruiz, having received a petition in support of Triliad’s request. If approved, the requested change in Land Use Designation will be referred for study and possible future consideration for a General Plan Amendment (GPA).

Suggested Action: a MOTION to provide direction with regard to the request for amendment to the City’s Land Use Element of the General Plan.

XX. ADJOURN


7 June 12, 2013

CITY OF CAMARILLO CITY COUNCIL SPECIAL MEETING

WEDNESDAY, JUNE 12, 2013 – 6:00 P.M. CITY HALL COUNCIL CHAMBERS


AGENDA

AGENDA REPORTS AND OTHER DISCLOSABLE PUBLIC RECORDS RELATED TO OPEN SESSION AGENDA ITEMS ARE AVAILABLE ON THE CITY’S WEBSITE AT WWW.CI.CAMARILLO.CA.US UNDER AGENDAS AND AT CITY HALL LOCATED AT 601 CARMEN DRIVE, CAMARILLO, IN THE OFFICE OF THE CITY CLERK DURING REGULAR BUSINESS HOURS, MONDAY THROUGH FRIDAY, 8:00 A.M. TO 5:00 P.M.



B. NON-AGENDA ITEMS – during Public Comments, comments will be received for a maximum 20-minute period; any additional requests will be heard following the completion of the Council agenda.


CALL TO ORDER

ROLL CALL

PUBLIC COMMENTS

I. CLOSED SESSION - CONFERENCE WITH REAL PROPERTY NEGOTIATOR

a. Authority – Government Code Section 54956.8 b. Property – former library building, 3100 Ponderosa Drive, APN 166-0-020-315 c. Agency Negotiators – City Attorney, City Manager, Assistant City Manager,

General Services Director, Community Development Director, and Finance Director

d. Negotiating Parties – St. Demetrios Greek Orthodox Church e. Under Negotiation – Price and terms of payment

II. ADJOURN


1 June 12, 2013

MINUTES CITY OF CAMARILLO CITY COUNCIL

REGULAR MEETING WEDNESDAY, MAY 22, 2013


Mayor Craven called the meeting to order at 5:05 p.m.


Staff Present:

Charlotte Craven, Mayor Kevin Kildee, Vice Mayor Bill Little, Councilmember Jeanette McDonald, Councilmember Michael Morgan, Councilmember

Bruce Feng, City Manager Tom Fox, Public Works Director Bruce Macedo, Police Department Captain Jeffrie Madland, City Clerk Dave Norman, Community Development Director Dan Paranick, Assistant City Manager Richard Petropulos, General Services Director Brian Pierik, City Attorney Mark Uribe, Assistant Finance Director

I. AMENDMENTS TO THE AGENDA

Item III G was pulled for discussion.

II. PRESENTATIONS — NONE


Councilmember McDonald moved, seconded by Vice Mayor Kildee, to approve Consent Calendar Items A through I, with the exception of Item G.

A. Minutes

Approved the minutes of the City Council meeting held May 8, 2013, as presented.

B. Resolution — Approval of Disbursements

Adopted Resolution No. 2013-44 approving disbursements dated on or before May 15, 2013.

C. Financial Reports — April 2013

Received and filed the following financial reports pursuant to the City's

CC III A 1

Investment Policy and State law:

1. Investment Report dated April 30, 2013 2. Chronological Investment Activity Report for the Month Ended April

30, 2013 3. General Fund Comparative Balance Sheet, February 28, 2013 and

March 31, 2013, and March 31, 2012 4. Minutes of the April 24, 2013 Investment Committee Meeting

D. Addendum to Maintenance Agreement with the State of California Department of Transportation - ST-13-02 Lewis Road Landscaping, Wall, and Monument

Authorized the City Manager to sign an amendment, Agreement No. 2010-82A, to the Maintenance Agreement with the State of California Department of Transportation.

E. Request for Qualifications - On-Call Professional Services

Directed staff to issue a request for qualifications for on-call professional services in various disciplines.

F Resolution Exonerating Warranty Securities - ST-00-05 Adolfo Road Improvements STPL-5393 (022)

Adopted Resolution No. 2013-45 exonerating warranty securities.

G. Grant Agreements - Project ST-13-07 Electric Vehicle Charging Station

Pulled for discussion as Item VI A.

Resolution Adopting Mitigated Negative Declaration - ST-05-01 Santa Rosa Road Widening Project STPL-5393 (026)

Adopted Resolution No. 2013-46 approving the Mitigated Negative Declaration and the Mitigation Monitoring Reporting Program for the Santa Rosa Road Widening Project between Via Latina Drive and San Rafael Way.

Request to Sell Alcoholic Beverages — Camarillo Ranch Foundation Events

Indicated the Council does not object to the issuance of two special event Alcoholic Beverage Control Licenses for the Camarillo Ranch Foundation fundraising events.

Motion carried 5-0. IV. CITY COUNCIL — NONE

V. FINANCE—NONE

City Council 5/22/13 2

CC III A 2

VI. PUBLIC WORKS

A. Grant Agreements - Project ST-13-07 Electric Vehicle Charging Station (formerly Item III G)

Mayor Craven inquired if the City was responsible for the cost of the electricity. Public Works Director Fox stated the grant through the Ventura County Air Pollution Control District requires the City to own, maintain, and operate the charging stations for a minimum of five years and the maintenance/electricity costs are estimated to be $600 per year.

The Council inquired if there were other planned stations. City Manager Feng stated the outlet mall operator is planning to expand their two stations to six stations.

Vice Mayor Kildee moved, seconded by Councilmember. Morgan, to authorize the City Manager to sign Grant Agreement Nos. 2013-18 with Ventura County Air Pollution Control District and 2013-19 with Clipper Creek, Inc., to install two level 2 electric vehicle charging stations at the Metrolink Station, approve a $10,000 adjustment to grant revenue, appropriate $10,000 to Account No. 410-8510-485.92-41 Project ST-13-07, and authorize staff to proceed with the project.

Motion carried 5-0.

VII. COMMUNITY DEVELOPMENT—NONE

VIII. CITY ATTORNEY

A. Resolution Establishing a Citizen Advisory Committee on Land Use

City Attorney Pierik stated with the dissolution of the redevelopment agencies, the Policy Committee met to consider the future role of the Citizens Advisory Committee that was established to implement the redevelopment plan. The Policy Committee recommended repealing Resolution 1996-37 and adopting the proposed resolution to create a Citizen Advisory Committee on Land Use to advise the Commission and the Council on Council initiated land use matters including proposed amendments to the General Plan, Specific Plans and Design Guidelines or other land use matters as may be requested by the Commission or the Council. The committee would not be involved in providing advice on developer initiated projects.

Vice Mayor Kildee moved, seconded by Councilmember Little, to adopt Resolution No. 2013-47 establishing a Citizen Advisory Committee on Land Use.

Motion carried 5-0. IX. CITY MANAGER — NONE

X. CITY CLERK—NONE


CC III A 3

Xl. GENERAL SERVICES

A. Professional Services Agreements - Cafe Operator and Catering Services at the Camarillo Public Library Facility

General Services Director Petropulos stated DJ's California Catering, Inc., provided notice to terminate their agreement to operate the Library Café and provide exclusive catering services at the Library. The City issued a Request for Proposals and received two proposals for the Café Operator and three proposals for catering services.

Vice Mayor Kildee and Councilmember McDonald expressed concern about Element Coffee's financial ability to operate the library café. General Services Director Petropulos stated he reviewed their references and they have submitted the required documents. They should be able to generate sufficient revenue from the Café to cover the City's operating costs.

Councilmember Little moved, seconded by Councilmember Morgan, to authorize the City Manager to sign Agreement No. 2013-20 with Element Coffee for Café Operator at the Camarillo Public Library.

Motion carried 5-0.

Councilmember Morgan moved, seconded by Councilmember Little, to authorize the City Manager to sign Agreement Nos. 2013-21, 2013-22, and 2013-23 with Command Performance Catering, DJs California Catering, Inc., and Element Coffee, respectively, for Catering Services at the Camarillo Public Library.

Motion carried 5-0.

XII. WRITTEN COMMUNICATIONS—NONE

XIII NEW BUSINESS — ORAL COMMUNICATIONS

A. City Manager — None

B. City Attorney — None

C. Members of City Council

AB 1234 — Reports on Meetings Attended — The Councilmembers reported on attendance at outside agency and Council committee meetings.

Poet Laureate — Mayor Craven stated she received a request from a citizen requesting the City consider appointing a poet laureate. Councilmember Morgan recommended forwarding the request to the Policy Committee.

Economic Development Strategy Ad Hoc Committee — Councilmember McDonald reported staff had prepared two maps — one showing the vacant commercial properties in the city and the other showing vacant lands. The


CC III A 4

next step will be to determine why the commercial properties are vacant to better understand what the City can do to help fill them.

CSUCI Student Housing — Mayor Craven stated CSUCI has a shortage in student housing.

AB 371 — Mayor Craven was pleased to report that AB 371 was moved to the inactive folder.

Earthquake Preparedness — Mayor Craven and Councilmember Morgan stated there was an excellent presentation by the Ventura County Sheriffs Department at the California Contract Cities Association conference and they would be interested in a similar presentation for the city.

Jeanne Bradley — Councilmember Morgan requested the meeting be adjourned in the memory of Jeanne Bradley, a longtime Camarillo resident and the wife of former Planning Commissioner, James Bradley.

RECESS/RECONVENE TO THE ADMINISTRATIVE CONFERENCE ROOM

The Council recessed to a Study Session at 6:02 p.m. The Mayor called the Study Session to order at 6:10 p.m.

XIV. STUDY SESSION

A. Ventura County Transportation Commission — Draft Comprehensive Transportation Plan

Darren Kettle, Executive Director, Ventura County Transportation Commission (VCTC), gave an update and status report on the Comprehensive Transportation Plan.

East County Transit Agencies Partnership

Public Works Director Fox gave a presentation on the East County Transit Agencies Parternership.

RECESS/RECONVENE/CALL TO ORDER/ROLL CALL

The Study Session recessed at 7:28 p.m. The Mayor reconvened the regular meeting of the City Council at 7:30 p.m.

FLAG SALUTE

Councilmember Morgan led the Pledge of Allegiance to the Flag.

AMENDMENTS TO AGENDA— NONE

XV. PRESENTATIONS — NONE


CC III A 5

XVI. PUBLIC COMMENTS

Matt Lorimer felt the stormwater inspection fee was more than the actual cost to perform the inspection and hoped the Council would reconsider the fee. He noted the Camarillo Chamber of Commerce did not participate in the Oxnard Business Expo.

Todd Terres and Luis Espinoza, Camarillo Council on Aging, asked the Council to consider assisting with the publication costs for the 2014 Senior Resource Guide.

Anthony McDeemas, Chamber of Commerce Tourism Marketing Director, gave an update on the visitor center and the Old Town Association.

XVII. PUBLIC INFORMATION ITEMS — NONE

XVIII. PUBLIC HEARINGS

A. Resolution Ordering Levy and Collection of Assessments for Fiscal Year 2013-14 - Camarillo Landscape Maintenance District Zones 1 through 10

Public Works Director Fox reviewed the proposed annual assessments for Zones 2 through 10 for the cost of operations within the Camarillo Landscape Maintenance District. There is no levy required in Zone 1.

PUBLIC HEARING OPENED

Hearing no requests to speak, either for or against the item, the Mayor declared the PUBLIC HEARING CLOSED.

Vice Mayor Kildee moved, seconded by Councilmernber Morgan, to adopt Resolution No. 2013-48 ordering the levy and collection of assessments for the Camarillo Landscape Maintenance District Zones 1 through 10, as shown in the Engineer's Report.

Motion carried 5-0.

B. Resolution Approving ND 2013-01 and Introduction of an Ordinance Amending the Camarillo Municipal Code Zoning Ordinance Regarding Supportive and Transitional Housing (continued from May 8, 2013)

Assistant City Attorney Davis stated the proposed ordinance would amend Chapter 19.04 of the Camarillo Municipal Code regarding Supportive and Transitional Housing to comply with the requirements of Senate Bill 2. In response to City Council concerns regarding the appropriateness of the uses in residential zones, and the ambiguity of the Legislature's intent, the ordinance has been modified to incorporate the Legislature's definitions of "supportive housing" and "transitional housing" in the Health & Safety Code by reference. He noted the legislation did not identify the number of program residents that would allow cities to require permitting and conditioning for


CC III A 6

these uses. Although the legislation may be changed, these uses need to be included in the housing element at this time to assure it will be certified by the State.

Community Development Director Norman stated SB 2 was poorly drafted. The City's Legislative Policy Committee recommends working with the City's lobbyist and other organizations to seek changes in State law that would provide for better local control over the siting and operation of group homes in single-family residential zones.

The Council discussed the proposed changes to the bill and recommended the business license requirement be for the licensee rather than the homeowner. They also suggested soliciting the League of California Cities and California Contract Cities Association to lobby for changes to the legislation.

PUBLIC HEARING OPENED

Hearing no requests to speak, either for or against the item, the Mayor declared the PUBLIC HEARING CLOSED.

Councilmember Morgan moved, seconded by Vice Mayor Kildee, to adopt Resolution No. 2013-49 approving Negative Declaration 2013-01.

Motion carried 5-0.

City Attorney Pierik read the title of Ordinance No. 1077

Vice Mayor Kildee moved, seconded by Councilmember Morgan, to waive further reading and introduce Ordinance No. 1077 amending Chapter 19.04 of the Camarillo Municipal Code pertaining to supportive and transitional housing.

Councilmember Morgan moved, seconded by Vice Mayor Kildee, to direct staff to work with the City's legislative lobbyist and others to seek changes in State law to provide better local control over the siting and operation of group homes in single family residential zones.

Motion carried 5-0. XIX. DEPARTMENTAL

A. East County Transit Agencies Partnership

Public Works Director Fox stated members of the East County (Camarillo, Moorpark, Simi Valley, Thousand Oaks, and the County of Ventura) met to develop goals to be included in a future Memorandum of Agreement (MOA), as a guide to provide coordinated transit services in the East County. The MOA conceptual goals were discussed in study session and revised to state:

1. Retain local control of local transit operations.


Motion carried 5-0.

CC III A 7

2. Promote coordinated transit: schedules, fares, program eligibility and transfer policies.

3. Coordinate purchases such as fare box equipment and dispatch software.

4. Coordinate reporting, grant writing, information sharing, marketing and public information.

5. Improve interagency connections including the MOA partners as well as with Los Angeles County.

6. Coordinate senior and ADA Dial-a-Ride services.

7. Explore new regional routes, e.g., Camarillo Metrolink station connecting to Moorpark, Thousand Oaks, and Simi Valley.

Councilmember McDonald moved, seconded by Councilmember Little, to approve the concepts for an East County Transit MOA among the County of Ventura and the Cities of Camarillo, Moorpark, Simi Valley, and Thousand Oaks and direct staff to return to the City Council with a draft MOA after further discussion with the other participating Agencies.

Motion carried 5-0.

Councilmember McDonald wanted to assure the letter to the legislators was general in nature and did not commit the City to specific terms.

Assistant City Manager Paranick stated three legislators have expressed interest in the East County Transit MOA being finalized prior to committing their support to SB 203. The goal is to finalize the MOA by August.

Councilmember Morgan moved, seconded by Vice Mayor Kildee, to authorize the City Manager to sign a joint letter to the Legislature from the East County City Managers and County CEO stating their commitment to having a finalized MOA in place this summer.

Motion carried 5-0.

RECESS/RECONVENE TO THE ADMINISTRATIVE CONFERENCE ROOM

The Council recessed at 8:28 p.m. to continue the Study Session. The Mayor called the Study Session to order at 8:33 p.m.

XIV. STUDY SESSION (Continued)

A. East County Transit Agencies Partnership (Continued)

Public Works Director Fox continued his presentation on the East County Transit Agencies Partnership and gave an update on the expanded Camarillo Area Transit services and the transit budget.


CC III A 8

Mayor

VIII. CITY ATTORNEY (continued)

B. Closed Session

The City Council recessed to Closed Session at 9:15 p.m. to consider the following items:

1. CONFERENCE WITH LABOR NEGOTIATORS

a. Authority — Government Code Section 54957.6(a) b. Agency designated representatives — City Manager, Assistant City

Manager c. Employee Organization — City Employees

2. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION

Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9; Name of case: Yolanda Kueny v. City of Camarillo, et a!, Case Number 56-2012-00427311-CU-0E-VTA

XX. ADJOURN

At 11:45 p.m., the meeting adjourned in the memory of Jeanne Bradley to Wednesday, June 5, 2013, at 6:30 p.m. for the Budget Study Session, at the Camarillo Library, 4101 Las Posas Road, with no action to report from Closed Session.

ATTEST: City Clerk


CC III A 9

Minutes for the June 5, 2013, Budget Study Session are located under CSD Agenda Item III A.

CC III A 10

RESOLUTION NO. 2013-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMARILLO APPROVING CERTAIN DISBURSEMENTS

The City Council of the City of Camarillo resolves as follows:

SECTION 1: The City Council finds and declares as follows:

A. Bank of America Warrants and Wires (Warrant Numbers 132833 through 133111, Wire Numbers 9993996 through 9994008); and demands represented thereby, dated on or before June 5, 2013, in the amount of $5,217,654.50; and

B. Payroll checks and direct deposits dated May 30, 2013, in the amount of $308,150.10, for a grand total of $5,525,804.60, all as set forth in City of Camarillo Disbursement List dated June 5, 2013.

SECTION 2: The City Clerk shall certify to the adoption of this Resolution.


Mayor Attested to on

City Clerk

I, Jeffrie Madland, City Clerk of the City of Camarillo, certify Resolution No. 2013-was adopted by the City Council of the City of Camarillo at a regular meeting held June 12, 2013, by the following vote:

AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers:

City Clerk

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CC III B 26

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CC III B 27

City of Camarillo

AGENDA REPORT

Date:

To:

June 12, 2013

Honorable Mayor and Councilmennbers

From: Bruce Feng, City Manage

Submitted by: Ronnie J. Campbell, Director of Finance

Subject: Adoption of Investment Policy 3.04 for Fiscal Year 2013/2014

SUMMARY

Pursuant to the City's Investment Policy, the City Council is required to review the policy annually, no later than July 1 of each year, to ensure consistency with respect to the overall financial investment objectives of safety, liquidity, and yield.

DISCUSSION

The Investment Committee met on May 22, 2013 and reviewed the policy. The Committee does not recommend any changes to the policy. The policy was also reviewed by our Investment Advisors and External Auditors, who both expressed no suggestions for revision.

BUDGET IMPACT


SUGGESTED ACTION

Approval adopts the Resolution approving the Fiscal Year 2013/2014 Investment Policy 3.04.

ATTACHMENTS

Resolution

Finance Review: DW


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMARILLO ADOPTING THE FISCAL YEAR 2013/2014 INVESTMENT POLICY


SECTION 1: The City Council finds and declares as follows:

A. Pursuant to Government Code § 53646, it is required that a local agency's Investment Policy be rendered to the legislative body on an annual basis; and

B. The annual review has been conducted by the Investment Committee, pursuant to the City's Investment Policy, Section 3.04 of the Administrative Policies; and

C. No changes to the policy are being recommended, a copy of which is attached as Exhibit A.

SECTION 2: The City Clerk shall certify to the adoption of this Resolution.


Mayor

Attested to on

City Clerk


AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

City Clerk

CC III C 2

City of Camarillo

CITY COUNCIL POLICY

Section: Finance Date Adopted: February 15, 1989 Last Amended: December 12, 2007

Subject: Investment Policy

Number: 3.04 Page 1 of 4

PURPOSE

To establish a policy for managing the City's monetary investments. This policy also applies to the funds for which the City provides financial management services.

POLICY

Authorized officials in positions of trust will act with care and prudence when making decisions regarding management and investment of public funds. Investments will be made in accordance with provisions of California Government Code, the Municipal Code, and this policy. The City's investment objectives are to safeguard principal, ensure liquidity to meet cash flow needs, and obtain an appropriate rate of return.

A. Internal Control

Internal control will be established and documented in writing. The controls will be designed to prevent loss of public funds arising from fraud, employee error, misrepresentation by third parties, and imprudent actions by employees and officers of the City. Controls deemed most important include:

1. Separation of duties.

2. Separation of transaction authority from accounting and recordkeeping.

3. Custodial safekeeping.

4. Clear delegation of authority.

5. Specific limitations regarding securities loss and remedial action.

6. Maintain control of wire transfers.

7. Minimize number of authorized investment officials.

8. Document transactions and strategies.

9. Maintain a code of ethics standard.

CC III C 3

The City's investment procedures manual will establish and maintain an internal control structure designed to ensure the assets managed under the scope of this policy are protected from loss, theft, or misuse. The internal control structure will provide reasonable assurance these objectives are met.

B. Ethics and Conflicts of Interest

The City promotes a culture of honesty and ethical behavior. Officers and employees responsible for investing funds will refrain from personal business activity that conflicts with their ability to make impartial investment decisions.

C. Safety

The City will insure the safety of its invested funds by limiting risk associated with credit and interest rates. Risks are mitigated through diversification of the portfolio and monitoring of investments, depositories and security dealers.

D. Liquidity

The City's investment portfolio will be structured to meet anticipated cash flow needs.

E. Return

The objective of investment performance is to earn a total rate of return over a market cycle which approximates the return on a market index of Treasury and Federal Agency securities of commensurate risk and duration.

F. Maturity

The investment portfolio will be structured to provide sufficient funds to meet cash flow needs. The average maturity of the investment portfolio will not exceed three years, and no investment will have a maturity of more than five years from its date of purchase.

G. Authorized Investments

The City may invest funds through banks, savings and loans, authorized investment advisers, broker/dealers, as well as the State of California. Authorized investments are:

1. State of California Local Agency Investment Fund.

2. United States Treasury notes, bonds, bills, or certificates of indebtedness.

3. Insured demand deposits, as defined by Section 5102 of the Financial Code, in national or state-chartered banks or state or federal associations.

Adopted 3.4, February 15, 1989 Amended 12/9/98; 4/28/99; 7/12/00; 6/27/01 Policy 3.04 Amended 3.04, 6/11/03; 6/12/04; 6/22/05; 7/26/06; 6/27/07;12/12/07 Page 2 of 4

CC III C 4

4. Certificates of deposit, as defined by Section 5102 of the Financial Code, issued by a national or state-chartered bank or a state or federal association, maturing in two years or less, the total of which will not exceed 15% of the total portfolio.

5. Federal agency or United States government sponsored total issues will not exceed 75%, nor will one issuer exceed 20%, of the total portfolio. Purchases are limited to the following senior issues:

a. Federal National Mortgage Association (Fannie Mae).

b. Government National Mortgage Association (Ginnie Mae).

c. Federal Home Loan Mortgage Corporation (Freddie Mac).

d. Federal Home Loan Bank (FHLB).

e. Federal Farm Credit Banks (FFCB).

f. Federal Agricultural Mortgage Corporation (FAMC).

g. Tennessee Valley Authority (TVA).

6. Government or U.S. Treasury money market funds rated "AAA" by two nationally recognized rating organizations. The total investment will not exceed 5% of the total portfolio.

H. Prohibited Investments and Activities

1. Investments not specifically identified by this policy without the prior approval of the City Council.

2. Trading securities for the sole purpose of speculating or taking an unhedged position on the future direction of interest rates.

Collateralization Requirements

Uninsured time deposits with banks and savings and loans will be collateralized in the manner prescribed by law for depositories accepting municipal investment funds. The collateral for certificates of deposits will be an amount equal to a minimum of 110% of the deposited funds.

J. Safekeeping of Securities and Certificates of Deposit (CD)

1. Securities. The City will contract with a bank or trust company for the safekeeping of securities. The third party custodian must provide written safekeeping documentation.


CC III C 5

2. Certificates of Deposit. The City will hold its own CDs.

Investment Transactions

1. All transactions must be approved in writing by two authorized signatories and will be conducted on a delivery-versus-payment basis.

2. A preformatted form will be used for all wire transfers.

3. Wire transfers between brokers and/or security dealers are prohibited.

4. Wire transfers directly between the State of California Local Agency Investment Fund and the City's safekeeping bank are permitted.

L. Investment Services

All providers of Investment Services must be approved by Council and must have an office in the State of California.

1. Investment Advisers. External investment advisers must be registered under the Investment Advisers Act of 1940.

2. Broker/Dealers. Broker/dealers must qualify under the Securities and Exchange Commission Rule 15C3-1, and annually provide the City Treasurer with an audited financial statement and documents verifying compliance with Rule 1503-1.

M. Notice of Policy

The City will include a copy of this investment policy and the resolution when opening an account and annually provide a copy to all current investment advisers and broker/dealers. Receipt of the policy and confirmation that the policy has been reviewed by persons approved to advise the City, will be acknowledged in writing.

N. Reporting

The Director of Finance will prepare a monthly Investment Report, including a management summary of the status of the investment portfolio and all security transactions made during the past month. This report will be approved and signed by the City Manager and submitted to the Investment Committee and City Council within thirty (30) days following the end of the month.

0. Annual Review

This Investment Policy will be reviewed annually by the Investment Committee and the City Council.


CC III C 6

Date: June 12, 2013

To: Honorable Mayor and Councilmembers

From: Bruce Feng, City Manager

Submitted by: Ronnie J. Campbell, Director of Finance

Subject: Designation of the State of California, California Emergency Management Agency (CAL EMA) Designation of Applicant's Agent Resolution

City of Camarillo AGENDA REPORT

SUMMARY

The State of California, CAL EMA Designation of Applicant's Agent Resolution, authorizes a public entity to submit applications for the purpose of obtaining federal financial assistance, under the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988.

DISCUSSION

The Designation of Applicant's Agent Resolution is required to meet CAL EMA requirements for reimbursement purposes. The City of Camarillo does not have a form on file, and is required to be resubmitted every three (3) years from the last date of approval.

Staff is recommending the Director of Finance, and/or the Assistance City Manager, and/or the City Manager as authorized agents for the City of Camarillo.

Currently the City of Camarillo has one (1) pending application: the cost recovery of resources (fire) that assisted on the Springs Fire on May 2, 2013. The process will be completed once a new CAL EMA Form 130 is filed.

BUDGET IMPACT


SUGGESTED ACTION

Approval adopts the resolution (CAL EMA Form 130).

Attachment

CAL EMA Form 130 Resolution

Finance Review: OW

CC III D 1

STATE OF CALIFORNIA Disaster No: FM-5024 CALIFORNIA EMERGENCY MANAGEMENT AGENCY Cal EMA ID No: 111-10046

Cal EMA 130

DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON-STATE AGENCIES

BE IT RESOLVED BY THE City Council OF THE City of Camarillo (Governing Body) (Name of Applicant)

THAT

the Director of Finance , OR (Title of Authorized Agent)

the Assistant City Manager (Title of Authorized Agent)

the City Manager (Title of Authorized Agent)

is hereby authorized to execute for and on behalf of the

City of Camarillo , a public entity

(Name of Applicant) established under the laws of the State of California, this application and to file it with the California Emergency Management Agency for the purpose of obtaining certain federal financial assistance under Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.

THAT the City of Camarillo , a public entity established under the laws of the State of California, (Name of Applicant)

hereby authorizes its agent(s) to provide to the California Emergency Management Agency for all matters pertaining to such state disaster assistance the assurances and agreements required.

Please check the appropriate box below:

DThis is a universal resolution and is effective for all open and futures disasters up to three (3) years following the date of approval below.

1:2This is a disaster specific resolution and is effective for only disaster number(s)

Passed and approved this day of ,20

(Name and Title of Governing Body Representative)



CERTIFICATION

,duly appointed and of (Name) (Title)

, do hereby certify that the above is a true and correct copy of a (Name of Applicant)

Resolution passed and approved by the of the (Governing Body) (Name of Applicant)

on the day of , 20 .

(Signature) (Title)

Cal EMA 130 (Rev.4/11) Page 1

,OR

CC III D 2

City of Camarillo

AGENDA REPORT

Date: June 12, 2013



Submitted by: Dan Paranick, Assistant City Manager

Subject: Resolution Authorizing Application to the California Department of Resources Recycling and Recovery (CalRecycle) — Used Oil Payment Program

SUMMARY

California Department of Resources Recycling and Recovery (CalRecycle) provides funds to assist local governments in establishing or enhancing permanent, sustainable used oil and filter collection programs.

DISCUSSION

The OPP, which is administered by CalRecycle, is non-competitive and provides opportunities for local governments to receive payments for used oil and filter collection and recycling programs. California Public Resources Code section 48653 provides a maximum of $11 million per fiscal year for this program. Actual budget amounts are determined annually as part of the state budget process. Allocation to payment recipients is calculated on a per capita basis using the Department of Finance's population statistics.

Used motor oil and filters can be recycled through state certified used oil collection centers and the City's Household Hazardous Waste (HHW) events. Currently, Camarillo has several state certified centers; most accept a maximum of five gallons per person, per day, free of charge. The City holds 24 HHW events annually, providing residents the opportunity to make an appointment to recycle their used motor oil and filters free of charge.

CalRecycle's OPP administrators have the authority to determine if program funds may be used for a particular activity. Approved uses include purchasing equipment, contaminated oil disposal, overhead costs, staff time, public information, and National Pollutant Discharge Elimination Systems (NPDES) activity related to preventing

CC III E 1

Resolution for Used Oil Payment Program Application June 12, 2013 Page 2

disposal of used motor oil into the environment.

The OPP application, which is due June 27, 2013, must contain an approved resolution from each applicant's governing body authorizing submittal of the application and identifying the individual(s) authorized to execute any agreements, contracts, and requests for payments.

BUDGET IMPACT

Award of the 2013/14 funds will result in approximately $19,286 in revenue to the Solid Waste Fund under Account No. 805-0000-335.39-03 with offsetting expenditures under Solid Waste Fund Account No. 805-3510-435.71-51.

SUGGESTED ACTION

Approval adopts a Resolution authorizing the City Manager or designee to submit an application, execute any forms necessary to secure $19,286 in Used Oil Payment Program funds, and carry out the specified activities required by CalRecycle.

ATTACHMENTS

Resolution

Finance Review: DW

CC III E 2


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMARILLO AUTHORIZING SUBMITTAL OF A USED OIL PAYMENT PROGRAM APPLICATION AND RELATED AUTHORIZATIONS TO THE CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY


SECTION 1: The City Council of the City of Camarillo finds and declares as follows:

A. California Public Resources Code § 48690 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) to make payments to qualifying jurisdictions for implementation of their used oil programs; and

B. In furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the Used Oil Payment Program; and

C. CalRecycle's procedures for administering the Used Oil Payment Program require, among other things, an applicant's governing body to declare by resolution certain authorizations related to the administration of the Used Oil Payment Program.

SECTION 2: The City Council authorizes the submittal of a Used Oil Payment Program application to CalRecycle; and

SECTION 3: The City Manager, or designee, is hereby authorized and empowered to execute in the name of the City of Camarillo all documents, including but not limited to, applications, agreements, annual reports including expenditure reports and amendments necessary to secure said payments to support Camarillo's Used Oil Collection Program; and this authorization is effective until rescinded by the City of Camarillo.


Mayor ATTEST:

City Clerk

CC III E 3



City Clerk

Resolution No. 2013-Page 2 of 2

CC III E 4

Date: June 12, 2013



sz_kfSubmitted by: Dan Paranick, Assistant City Manager

Subject: Legislative Committee's Recommendations on Current Legislation

City of Camarillo

AGENDA REPORT

SUMMARY

The City Council Legislative Committee met on May 22, 2013 and made recommendations regarding positions on State Assembly and Senate bills of interest to Camarillo.

DISCUSSION

There are several bills of interest to Camarillo currently pending in the State Legislature. The eight bills identified below have been reviewed by the Legislative Committee and are presented to City Council for consideration and action. Additionally, and in accordance with City Administrative Procedure 2.02, a position letter was sent to the appropriate state committee opposing AB 371 (Salas) — Sewage Sludge: Kern County, a bill issue important to the City, that required urgent action prior to the May 22 Legislative Committee meeting.

SUPPORT

• AB 741 (Brown) (D) — Local Government Finance: Tax Equity Allocation Formula: Qualifying Cities

This bill would, commencing with the 2012-13 fiscal year and each fiscal year thereafter, increase the allocation of property tax revenues under a new TEA formula, as specified, for qualifying cities, as defined. This bill would declare that if it is approved by 2/3 it would take effect immediately as an urgency statute.

Staff Recommendation: Support Committee Recommendation: Strongly Support

• SB 33 (Wolk) (D) — Infrastructure Financing Districts: Voter Approval: Repeal

This bill would revise and recast the provisions governing infrastructure financing districts, thereby providing an improved mechanism for local communities to deliver much-needed infrastructure projects.

Staff Recommendation: Support Committee Recommendation: Strongly Support

CC III F 1

Legislative Committee's Recommendations on Current Legislation June 12, 2013 Page 2 of 3

OPPOSE

• AB 5 (Ammiano) (D) — Homelessness

This bill would enact the Homeless Person's Bill of Rights and Fairness Act, which would provide that no person's rights, privileges, or access to public services may be denied or abridged because he or she is homeless.

Staff Recommendation: Oppose Committee Recommendation: Oppose

• AB 22 (Blumenfield) (D) — Sidewalks: Repairs

This bill would prohibit a local jurisdiction that has an ordinance in operation requiring the local jurisdiction to repair streets, sidewalks, or driveways damaged by tree growth to obtain voter approval before repealing that ordinance.


• AB 325 (Alejo) (D) — Land Use and Planning: Cause of Actions: Time Limitations

AB 325 would allow legal action against local zoning and planning decisions of a legislative body to be served within three years instead of one year from the cause of action. The bill would declare the intent of the Legislature that its provisions modify the court's opinion in Urban Habitat Program V. City of Pleasanton relating to the statute of limitations for using the Government Code Section 65009 notice and accrual provision, limits the applicability of the notice and accrual provision, and provides a three-year time frame for parties to initiate an action "in support of or to encourage or facilitate the development of housing that would increase the community's supply of [affordable] housing." Additionally, the bill would provide that in that specified action or proceeding, no remedy pursuant to specified provisions of law abrogate, impair, or otherwise interfere with the full exercise of the rights and protections granted to a tentative map application or a developer, as prescribed. This bill contains other related provisions and other existing laws.


• AB 1373 (J. Perez) (D) — Workers' Compensation: Firefighters and Peace Officers

This bill would provide that certain proceedings related to the collection of death benefits for firefighters and peace officers may be commenced within, but no later than, an unspecified period of time, and in no event more than one year after the date of death, if certain criteria are met.


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Legislative Committee's Recommendations on Current Legislation June 12, 2013 Page 3 of 3

• SB 673 (DeSaulnier) (D) — Land Use: Development Project Review

SB 673 would require a lead agency to prepare a cost benefit analysis before approving or disapproving a permit for construction of retail or other commercial facility project estimated to receive over $1 million in public funds and subsidies.

Staff Recommendation: Oppose Committee Recommendation: Strongly Oppose

WATCH

• AB 1149 (Campos) (D) — Identity Theft: Local Agencies

This bill would extend to local agencies an existing statute that requires state agencies and private businesses that own or license computerized personal data to notify any person whose personal data has been subject to data security breach.

Staff Recommendation: Watch Committee Recommendation: Watch

Staff continues monitoring all bills the City Council has taken positions on during the first year of the California 2013-14 legislative session.

BUDGET IMPACT


SUGGESTED ACTION

Approval confirms the Legislative Committee's recommended positions on State Assembly and Senate bills, ratifies one position letter sent, and receives and files the 2013 Legislative Bill Tracking Summary.

ATTACHMENTS

2013 Legislative Bill Tracking Summary Legislative Bill Analysis Memos SB 371 Position Letter


Legislation Bills: (AB 5, AB 22, AB 325, AB 741, AB 1149, AB 1373, SB 33, SB 673)

Finance Review: DW

CC III F 3

uce Feng City Manager

City Of Camarillo 601 Carmen Drive • BO. BOX 248 • Camarillo, CA 93011-0248

Office of the City Manager (805) 388-5307

Fax (805) 388-5318

May 6,2013

The Honorable Rudy Salas California State Assembly State Capitol, Room 4162 Sacramento, CA 94249

RE: Opposition to AB 371 (Salas) — Sewage Sludge: Kern County

Dear Assembly Member Salas:

On behalf of the City of Camarillo, I would like to respectfully express our opposition to AB 371 which would permit Kern County to prohibit land application of biosolids in its county.

Litigation challenging the constitutionality of Kern County's Measure E, the initiative ordinance banning the land application of biosolids in unincorporated areas of the county, has been ongoing for many years. AB 371 seeks to circumvent this litigation involving important constitutional questions, and would authorize Kern County to regulate or prohibit by ordinance land application of biosolids in unincorporated areas in the jurisdiction of the county. There are several legal, policy and scientific principles that all indicate these types of bans are inappropriate and unsupportable.

Specifically, the type of ban which Kern County has previously sought to enforce, and which could be authorized by AB 371, is in conflict with the California Integrated Waste Management Act (CIWMA), in conflict with the regional welfare doctrine, and contrary to the overwhelming weight of scientific evidence that land application of biosolids is a safe and beneficial practice. The biosolids ban that would be authorized by AB 371 contradicts science-based federal and California regulations that currently govern land application of biosolids. Biosolids are a beneficial soil amendment that makes marginal soil productive, increases crop production, and increases moisture holding capacity which reduces the need to irrigate crops. Recycling biosolids to farmland is a time-tested practice that occurs every day on hundreds of farms across California and the United States with no adverse impacts on public health or the environment.

If AB 371 is passed and Kern County is allowed to adopt and enforce a land application ban, California cities and agencies will face more difficulty finding methods to recycle or dispose of their biosolids in both the short and long term, and available management options will be more expensive than before the ban—a cost that will undoubtedly be passed on to ratepayers.

For these reasons, the City of Camarillo respectfully opposes AB 371. Thank you for your consideration of the City's position on this important matter.

Sincerely,

cc: Camarillo City Council California Contract Cities Association Gonsalves & Son League of California Cities

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CITY OF CAMARILLO

LEGISLATIVE BILL ANALYSIS

Date: May 22, 2013 To: City Council Legislative Committee From: Bruce Feng, City Manager Submitted by: Dan Paranick, Assistant City Manager

Bill No./Author: AB 741 (Brown)

Topic: Local Government Finance: Tax Equity Allocation Formula: Qualifying Cities

Title: An act to add Section 98.3 to the Revenue and Taxation Code, relating to local government finance, and declaring the urgency thereof, to take effect immediately.

Summary: Existing property tax law requires the auditor of each county with qualifying cities, as defined, to make certain property tax revenue allocations to those cities in accordance with a specified Tax Equity Allocation (TEA) formula established in a specified statute and to make corresponding reductions in the amount of property tax revenue that is allocated to the county.

This bill would, commencing with the 2012-13 fiscal year and each fiscal year thereafter, increase the allocation of property tax revenues under a new TEA formula, as specified, for qualifying cities, as defined. This bill would declare that if it is approved by 2/3 it would take effect immediately as an urgency statute.

Impact: Redistributing redevelopment's share of the property tax according to existing law would provide shares to local communities based largely on proportions of property taxes received in the mid 1970s. Such a system does not allocate property tax increment revenue back to local communities in a way that reflects modern needs and preferences of "No and Low" tax cities. However, an improved TEA formula defined in AB 741 reflects the modern needs of "No and Low" tax cities by changing the manner in which county auditors allocate ad valorem property tax revenues to cities that incorporated and had a redevelopment agency prior to June 29, 2011.

Current Status: 3/11/13 — Assembly Committee on Local Government

Proponents: To be determined

Opponents: To be determined

Committee Recommendation: Strongly Support

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CITY OF CAMARILLO



Bill No./Author: SB 33 (Wolk)

Topic: Infrastructure Financing Districts: Voter Approval: Repeal

Title: An act to amend Sections 53395, 53395.3, 53395.4, 53395.5, 53395.6, 53395.7, 53395.10, 53395.11, 53395.12, 53395.14, 53395.19, 53395.20, 53396, 53397.1, and 53397.2 of, and to repeal Sections 53395.22, 53395.23, 53395.24, 53395.25, 53397.5, 53397.6, and 53397.7 of, and to repeal and add Section 53395.21 of, the Government Code, relating to infrastructure financing districts.

Summary: Existing law authorizes a legislative body to create an infrastructure financing district, adopt an infrastructure financing plan, and issue bonds, for which only the district is liable, and to finance specified public facilities, upon voter approval. Existing law also authorizes an infrastructure financing district to fund infrastructure projects through tax increment financing, pursuant to the infrastructure financing plan and agreement of affected taxing entities.

This bill would revise and recast the provisions governing infrastructure financing districts. Additionally, this bill:

1. Extends the terms of an IFDs' bonds from 30 to 40 years;

2. Requires that local officials' resolution of intention to form an IFD must state the goal and need of the district;

3. Clarifies that IFDs cannot be used to compensate members of the legislative body;

4. Requires the financing authority to mail an annual report to landowners in the district and affected taxing entity;

5. Allows an IFD to overlap with a redevelopment project area;

6. Prohibits IFDs from providing financial assistance to big box retailers or vehicle dealers to relocate from one local agency to another in the same market area;

7. Encourages cleanup and development of brownfields, properties contaminated by hazardous waste, and allows IFDs to finance necessary cleanup actions;

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May 22, 2013 Bill No./Author: SB 33 (Wolk) Page 2 of 2

8. Authorizes IFDs to finance any transit priority project or regional transportation plan that is consistent with a sustainable communities strategy; and

9. Authorizes a public agency to enter into a joint powers agreement, only to exercise power other than taxing authority.

Impact: This bill would provide an improved mechanism to deliver much-needed infrastructure projects and would help create jobs in California. Additionally, it would offer an alternative form of property tax increment by removing impediments to IFDs. With the demise of redevelopment agencies, 1FDs would provide the most useful tool currently available to capture the property tax increase resulting from development activity.

Current Status: 4/11/13 — Senate Committee on Housing, Community Development, and Economic Development

Proponents: California Building Industry Association, California Professional Firefighters, California Special Districts Association, California State Association of Counties, City of Benicia, City of Emeryville, City of Goleta, City of Oakland, City of Palmdale, City of West Sacramento, City of Whittier, County of San Joaquin, County of Yolo, East Bay Economic Development Agency, Economic Vitality Corporation of San Luis Obispo County, Emeryville Chamber of Commerce, Greater Eureka Chamber of Commerce, Inland Empire Economic Partnership, League of California Cities, Long Beach Area Chamber of Commerce, Los Angeles Area Chamber of Commerce, Los Angeles County Division, League of California Cities, Los Angeles County Economic Development Corporation, Mann County Council of Mayors and Councilmembers, North Bay Leadership Council, Orange County Business Council, Palm Desert Area Chamber of Commerce, Sacramento Area Council of Governments, Sacramento Metro Chamber of Commerce, San Diego Regional Economic Development Corporation, San Francisco Chamber of Commerce, San Gabriel Valley Economic Partnership, Yosemite Chamber of Commerce

Opponents: California Federation of Republican Women, California Taxpayers Association, Howard Jarvis Taxpayers Association

Committee Recommendation: Strongly Support

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CITY OF CAMARILLO



Bill No./Author: AB 5 (Ammiano)

Topic: Homelessness

Title: An act to add Part 2.2 (commencing with Section 53.1) to Division 1 of the Civil Code, and amend Section 11135 of the Government Code, relating to homelessness.

Summary: Existing law provides that no person in the state shall, on the basis of race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, genetic information, or disability, be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under, any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state.

This bill would enact the Homeless Person's Bill of Rights and Fairness Act, which would provide that no person's rights, privileges, or access to public services may be denied or abridged because he or she is homeless.

Impact: Unfortunately, AB 5 would create costly mandates, blur the line between local jurisdiction authority, and undermine the local decision making process. Specifically, AB 5 would:

• Increase costs for local law enforcement at a time when funding for public safety is scarce by requiring the annual compilation and reporting of statistics on violations related to obstructing a sidewalk, loitering, sitting, lying down, sleeping in public, soliciting donations, bathing in public places, sleeping in a vehicle, jaywalking, and trespassing.

• Usurp local authority by prohibiting the enforcement of existing local ordinances if the county does not maintain year-round nonmedical assistance and there are fewer than 50 people on the county's public housing waiting list. Special districts and cities do not have authority over county actions, and yet they would still have their local authority hindered based on the counties actions.

• Provide civil and criminal protections for local agency employees who make that agency's property and resources available for use or distribution to homeless persons without the consent of that local agency.

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May 22, 2013 Bill No./Author: AB 5 (Ammiano) Page 2 of 3

• Require every local government to have health and hygiene centers with access 24 hours a day, seven days a week to bathroom and shower facilities. This requirement also confuses the autonomy of cities and special districts regarding oversight and administration.

• Increase court costs and inhibit revenue collection by guaranteeing persons the right to counsel for failure to appear or pay bail, in addition to providing ample opportunities to file a lawsuit and recover money.

Current Status: 5/1/13 — Assembly Committee on Appropriations

Proponents: Western Regional Advocacy Project, Co-Sponsor; Western Center on Law and Poverty, Co-Sponsor; JERICHO: A Voice for Justice, Co-Sponsor; East Bay Community Law Center, Co-Sponsor; ACLU, Asian Law Alliance, Bernal Heights Neighborhood Center, Black Caucus of California Community Colleges, Building Opportunities for Self-Sufficiency, Caduceus Justice, California Alliance for Retired Americans, California Church Impact, California Coalition for Youth, California Communities United Institute, California Hunger Action Coalition, California Latinas for Reproductive Justice, California Nurses Association, California Partnership to End Domestic Violence, California Psychological Association, California Public Defenders Association, California Senior Legislature, Californians United for a Responsible Budget, Causa Justa: Just Cause, Cham Deliverance Ministry, City of Richmond, Coalition on Homelessness, San Francisco; Community Alliance, Community Food and Justice Coalition, Community Housing Partnership, Community Resource Center, Compass Family Services, Disability Rights Advocates, Drug Policy Alliance, End Hunger Action Coalition, Episcopal Community Services, San Francisco; General Assistance Advocacy Project, Hamilton Family Center, Healthy Communities, Inc.; Homeless Action Center, Homeless Emergency Services Providers Association, San Francisco; Homeless Health Care Los Angeles, Homeless Youth Alliance, Hospitality House, Hunger Action Los Angeles, Hyde Street Community Services, Inc.; LA Human Right to Housing Collective, Labor/Community Strategy Center, Larkin Street Youth Services, Lawyers' Committee for Civil Rights of San Francisco Bay Area, Los Angeles Anti-Eviction Campaign, Los Angeles Community Action Network, Los Angeles Poverty Department, Mutual Housing California, National Association of Social Workers, National Coalition for the Homeless, National Economic and Social Rights Initiative, National Health Care for the Homeless Council, National Law Center on Homelessness & Poverty, Occupy Sacramento, Paratransit, Inc.; People Organized For Westside Renewal, People Organized to Win Employment Rights, Public Law Center, Rhode Island Coalition for the Homeless, Richmond Progressive Alliance Sacramento Homeless Organizing Committee, Sacramento Housing Alliance, Sacramento Loaves & Fishes, Safe Ground Sacramento, Saffron Strand, Inc.; San Diego Hunger Coalition, San Francisco Labor Council, San Francisco Living Wage Coalition, San Francisco Local Homeless Coordinating Board, San Francisco Senior & Disability Action, Sonoma County Task Force for the Homeless, South Hayward Parish, St. Anthony Foundation, St. John's Well Child & Family Center, St. Mary's Center, Swords to Plowshares, Tenderloin Neighborhood Development Corporation, Topanga Peace Alliance, Union de Vecinos, United Council of Human Services, Mother Brown's Dining Room, Venice Community Housing

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May 22, 2013 Bill No./Author: AB 5 (Ammiano) Page 3 of 3

Corporation, Women Organized to Respond to Life-Threatening Diseases, Women Organizing Resources, Knowledge & Services, Women's Empowerment, 343+ Individuals

Opponents: Air Conditioning Trade Association, Association of California Cities — Orange County, Building Owners and Managers Association of California, California Chamber of Commerce, California Apartment Association, California Association of Joint Powers Authority, California Business Properties Association, California Downtown Association, California Farm Bureau Federation, California Grocers Association, California Hotel & Lodging Association, California Manufacturers and Technology Association, California Park & Recreation Society, California Police Chiefs Association, California Special Districts Association, California State Sheriffs' Association, California Travel Association, Central City East Association, City of Bellflower, City of Buena Park, City of Concord, City of Corona, City of Cypress, City of Lake Forrest, City of Palmdale, City of Menifee, City of Signal Hill, City of Thousand Oaks, Civil Justice Association of California, County of Lassen, Desert Water Agency, East Bay Rental Housing Association, Historic Downtown Los Angeles Business Improvement District, Hollister Downtown Association, Hollywood Property Owners Alliance International Council of Shopping Centers, League of California Cities, Midtown Business Association, NAIOP of California, the Commercial Real Estate Development Association; National Federation of Independent Business — California, NORCAL Rental Property Association, Orange County Business Council, Plumbing-Heating-Cooling Contractors Association of California, San Jose Downtown Association, Save the American River Association, South Park Community Benefit District, The Apartment Association, California; Southern Cities, The River District, Western Electrical Contractors Association

Committee Recommendation: Oppose

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CITY OF CAMARILLO



Bill No./Author: AB 22 (Blumenfield)

Topic: Sidewalks: Repairs

Title: An act to add Section 5611.5 of the Streets and Highways Code, relating to sidewalks.

Summary: Existing law requires the owners of lots fronting on any portion of a public street to maintain any sidewalk in such condition that the sidewalk will not endanger the public or interfere with public convenience, except for conditions created or maintained by persons other than the owner.

This bill would prohibit a local jurisdiction that has an ordinance in operation requiring the local jurisdiction to repair streets, sidewalks, or driveways damaged by tree growth to obtain voter approval before repealing that ordinance.

Impact: The bill would create a dangerous precedent by undermining the role of local jurisdictions, and it would also create a disincentive for local governments to assist with the costs of sidewalk repairs because the local jurisdiction would be required to pay the full cost of damage resulting from tree growth. Additionally, the bill takes away a local government's needed flexibility to update its ordinance, which may include property owners to share the cost of sidewalk repairs.


Proponents: Apartment Association of Greater Los Angeles, California Apartment Association, California Association of Realtors, Chatsworth Neighborhood Council, Reseda Neighborhood Council

Opponents: California State Association of Counties, Glendale City Employees Association, League of California Cities, Organization of Sacramento Municipal Utility District Employees, San Bernardino Public Employees Association, San Luis Obispo County Employees Association, Santa Rosa City Employees Association


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CITY OF CAMARILLO



Bill No./Author: AB 325 (Alejo)

Topic: Land Use and Planning: Cause of Actions: Time Limitations

Title: An act to amend Sections 65009, 65589.3, and 65755 of the Government Code, relating to land use.

Summary: The Planning and Zoning Law requires an action or proceeding against local zoning and planning decisions of a legislative body to be commenced and the legislative body to be served within a year of accrual of the cause of action, if it meets certain requirements. Where the action or proceeding is brought in support of or to encourage or facilitate the development of housing that would increase the community's supply of affordable housing, a cause of action accrues 60 days after notice is filed or the legislative body takes a final action in response to the notice, whichever occurs first.

This bill would authorize the cause of action to be filed any time within 3 years after a specified action pursuant to existing law. The bill would declare the intent of the Legislature that its provisions modify the court's opinion in Urban Habitat Program v. City of Pleasanton relating to the statute of limitations for using the Government Code Section 65009 notice and accrual provision, limits the applicability of the notice and accrual provision, and provides a three-year time frame for parties to initiate an action "in support of or to encourage or facilitate the development of housing that would increase the community's supply of [affordable] housing." Additionally, the bill would provide that in that specified action or proceeding, no remedy pursuant to specified provisions of law abrogate, impair, or otherwise interfere with the full exercise of the rights and protections granted to a tentative map application or a developer, as prescribed. This bill contains other related provisions and other existing laws.

Impact: Many local agencies' housing elements are complex documents that require a great deal of staff time, consultant assistance, public review, and City Council involvement to complete. A three-year statute of limitations creates too much uncertainty for local agencies and could lead to an increase in costly litigation at a time when state and local resources are limited. Additionally, the appropriate time for interested citizens to become involved with a community's housing element is when it is adopted, not three years later. Lastly, prior to adopting a housing element, local agencies are required to do outreach and allow public participation and engage the public in the process of preparing a local agency's housing element.

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May 22, 2013 Bill No./Author: AB 325 (Alejo) Page 2 of 2


Proponents: California Rural Legal Assistance Foundation (co-sponsor), Housing California (co-sponsor), Western Center on Law and Poverty (co-sponsor)

Opponents: American Planning Association, California Chapter, California State Association of Counties, Civil Justice Association of California, County of Orange, League of California Cities, Rural County Representatives of California


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CITY OF CAMARILLO



Bill No./Author: AB 1373 (J. Perez)

Topic: Workers' Compensation: Firefighters and Peace Officers

Title: An act to amend Section 5406 of the Labor Code, relating to workers' compensation.

Summary: Existing law specifies the time period within which various proceedings may be commenced under provisions of law relating to workers' compensation. With certain exceptions, a proceeding to collect death benefits is required to be commenced within one year from the date of death, in some cases, from the last furnishing of benefits. However, no proceedings may be commenced more than 240 weeks (5 years) from the date of injury.

This bill would provide that certain proceedings related to the collection of death benefits for firefighters and peace officers may be commenced within, but no later than, an unspecified period of time, and in no event more than one year after the date of death, if the following criteria are met:

• The proceedings are brought for the collection of benefits, or on behalf of, a person who was a dependent on the date of death. The extent of dependency will be determined in accordance with the facts as they existed at the time of death of the employee.

• The injury causing death is one of the following: cancer, leukemia that develops or manifests itself during a period in which any member of "fire and/or rescue services coordinators" is employed.

• An injury to peace officer whose principal duties consist of active law enforcement service and the injury and/or cause of tuberculosis and/or blood-borne infectious disease must be presumed to have arisen out of and in the course of employment.

Impact: This bill would increase workers' compensation costs for local agencies at a time when they are struggling to provide vital services. Additionally, this bill would erode the original intent of the Workers' Compensation Act and subsequent reforms to the system enacted in 2004, which are designed to provide fair and timely benefits to injured employees at a reasonable cost to employers. Additionally, the bill leaves open the question of how long the timeline should be for certain proceedings to be commenced.

Current Status: 5/2/13 — Assembly Committee on Rules for Assignment

Proponents: To be determined

Opponents: League of California Cities


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CITY OF CAMARILLO



Bill No./Author: SB 673 (DeSaulnier)

Topic: Land Use: Development Project Review

Title: An act to add Section 65957.6 to the Government Code, relating to land use.

Summary: The Permit Streamlining Act requires the lead agency that has the principal responsibility for approving a development project—construction of a retail or other commercial facility estimated to receive over $1 million dollars—to approve or disapprove the project within 60 days from the date of adoption of a negative declaration or the determination by the lead agency that the project is exempt from the California Environmental Quality Act, unless the project proponent requests an extension of time.

This bill would require a lead agency to cause a cost benefit analysis to be prepared, before approving or disapproving a permit for construction of retail or other commercial facility project estimated to receive over $1 million in subsidies.

Impact: This bill would require the state to conduct or supervise the analysis of a local government development project, including one that would attempt to interpret all aspects of the local general plan, which would be in violation of all principles of local authority. Additionally, this bill would increase expenses for local governments and make it more difficult for private and public sectors to work together.

Current Status: 5/7/13 — Senate Committee on Appropriations

Proponents: California Labor Federation AFL-CIO, California Professional Firefighters

Opponents: American Council of Engineering Companies, California; Associated Builders and Contractors of California, Building Owners and Managers Association of California, California Association for Local Economic Development, California Building Industry Association, California Business Properties Association, California Chamber of Commerce, California Retailers Association, City of Cypress, City of Lakewood, City of Norwalk, City of Sacramento, City of Selma, City of Vista, Construction Employers Association, International Council of Shopping Centers, League of California Cities, Los Angeles County Division of the League of California Cities, National Association of Industrial Office Parks of California, the Commercial Real Estate Development Association

Committee Recommendation: Strongly Oppose

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CITY OF CAMARILLO



Bill No./Author: AB 1149 (Campos)

Topic: Identity Theft: Local Agencies

Title: An act to amend Section 1798.29 of the Civil Code, relating to identity theft.

Summary: Existing law requires any state office, officer, or executive agency that owns or licenses computerized data that includes personal information to disclose any breach of the security of the system following discovery or notification of the breach in the security of the data to any resident of California whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person.

This bill would extend to local agencies an existing statute that requires state agencies and private businesses that own or license computerized personal data to notify any person whose personal data has been subject to data security breach.

Impact: Requiring any agency that owns or licenses computerized data that includes personal information to disclose any breach would impose a sizeable new mandate on local government entities, and the bill does not identify a means for local government agencies to cover any associated costs associated with the mandate. For these reasons this bill raises some concerns.

Current Status: 4/30/13 — Assembly Committee on Appropriations

Proponents: California Cable and Telecommunications Association, California Federation of Teachers, Consumer Federation of California, Privacy Rights Clearinghouse

Opponents: None on file

Committee Recommendation: Watch

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m )(/)

a) < -J 0

.,,_ ••-u-3 f: o c as a . Lu — 0 -I a. _I 8 ...... LL ---

- • ,..4. 0 cn a a

= I-° 0 LLI 0 ,---- mt C.0

1-L O CI3 Z (') A Ce) .0 "t"" C 1.1.1 C) 0 o fa. N = — -0 „...„ ......, •a" co a) as u) co mc” 04 a) = (..) D •L- Cl)- Lr) 0 Et 2 u) in' __I

' 0 a)T.) c t _o .,_, 2 ,, -r .0 0 E c - Fp 0- 0 U) 0 cu .6 . ci) 0_ u) • • sj.) 0. si) = F) ci) a) ry U) -,--. i- < 0 --'=' -CI A 0-4 =I. 0) (1) E (7, co ......v-

t) o) 't E cii cl- P.) -o ca .S.N.i. 0 (1) a_ ,_ 0 a)

City

Cou

ncil

Act

ion

a) cn co 0

&L

.5 a) co co

0 -I

a ii5

= co 73 35

= CO

'CT,' 30

Co

mm

ittee

R

ecom

men

dati

on

a) o 0- a. 0

Cl) 2 its

c.) as

Sta

ff

Rec

omm

end

ati

on

C) u) o a a 0

t o a. a = ci)

t o a a =

CI)

Top

ic

Emp

loy

men

t A

pp

licat

ion

s: C

rim

inal

H

isto

ry

Thi

s bi

ll w

ould

com

men

cin

g Ju

ly 1

, 20

14, p

rohi

bit a

sta

te o

r lo

cal a

gen

cy

from

ask

ing

an a

pplic

ant t

o di

sclo

se

info

rma

tion

reg

ardi

ng c

rim

inal

co

nvic

tion

, exc

ept a

s s

pec

ifie

d, u

nti

l

afte

r th

e ap

plic

ant's

qua

lific a

tion

s fo

r th

e p

ositi

on h

ave

bee

n d

ete

rmin

ed to

m

eet t

he r

equi

rem

ent

s fo

r the

pos

ition

. a) _c (T.) . 2

I.6 CN - 4— -i-, 1.- : 3 a5 0) -05

occ,, "5 c., ..0 o u) ._ co •••• r-

,'Ts co ., Cl) -z-.- ._c__- as co o ,_ co a) - a --.E-• .cs) 8 8 7, 0 >.-N •-5 .6)- E ,,,- cu

8 E cs, — 45 o o) 4- ...,- as 0 c o L_ of En ,— — E -.--• 0 s— a) 2 0_ -0 > 0 ,._ cs.) 0-

• - CL ,•-• W S 0 IS -0 .2 -C.- g . c a) .E• _._. ..„__,

c ittag2 -0 0 '-r,fic-6 0 'i) a) ci? „ _ r9.1 , ...E. b—,

.E2 0_ a) CI3 .- cp = s- a) 0 (-6 -E 0 C) a) ca a) o , . -5 o o ,...0 t E a) -c a) -c -,- ..= _ 0) L._ _,_ a) 0.) 0 -,--' CO r-- • — ....-. 0 f:2: a _ a -5 .,---.. c'51-E'ci-,Ec (I a 2 F. 3 , 0 - 0 , , „ - , 0 , .,-- 1.-- C SD

e n -"" C 46'3 0 r- -,- C/) -6 • - CD --C (1C3 C = •-•S a) 0 -- a) E a) , -o _ ,..,., ..- .9, _ n.,

Tis a .0 .23 ., __ .... E a, CU U) h.7_ s-"' 0 :1-_- r_.:. U)..- o— 0 .. 0 0)

0 t u) ( 7 5 0'-' c >, ,- 0 0 • 0 a) LE(.7.) (i) 0.. Cu co U) U) 0 0.. 0 2 co o_ 2 _1 ra. }-- a) 0 = _o DAY ..g_ u) 0 a. _o u) 0_ In

com

e T

axes

: Hir

ing

Cre

dits

: In

vest

men

t C

redi

ts

Th

is b

ill w

oul d

cre

ate

a $ 2

00 m

illio

n st

ate

New

Mar

kets

Tax

Cre

dit (

NM

TC)

Prog

ram

for

the

pur

pose

of

stim

ulat

ing

econ

omic

dev

elo

pmen

t an

d ac

cele

rati

ng C

alif

orni

a's

econ

om

ic

reco

very

. In g

ene

ral,

the

sta

te's

N

MT

C w

ould

par

allel t

he f

eder

al

NM

TC

.

Aut

hor 0

I C o W c

12 0 ö

0 I C a) -o -5 I

0 I N 2 a)

C._ •

2

, -

, ) 33 3 -

z — CO-

•,- Cs4 CO <

cs) CNI CO <

o Ce) 0:1 <

CC III F 19

Bil l Sta

tus -o -2a _ o La c..) ..--, 0 o 0 (i) co .--, o cal) a.

cu 02 o_ ° a. o 0 o a cC -2 A0 CO 0 0) 0 A T.• C = 0

, E as a) cf) iB = 22 —J 011

>, o :E)

o E v _c ,,, 0 .-- u)v- ,,,- au)) $._ - 0 CO Cn (13 a P_ o < T° 0- 0 0. (I) °

...-, " A Ce) 0 u) a) er- ,> a) ..0 < --- co 0 = E (r) •,- as cs a) < --ti •c ,1) 2 0

City

Cou

ncil

Act

ion

-a "0 C (1) c 0 c >, CI

D. a, >. as u) L7)- 0,

Com

mitt

ee

Rec

om

men

dati

on

cu U) o eL cu. 0

Sta

ff

Rec

om

men

dati

on

C) Cl) o 0. o. 0

(-)

.I--CI0

-- c .- ,-,-- -E" 92 = 4.. 0 C13 c0 C t.,-- c n ca o).c ">, o 0 D • z u) .0 0 a, " a) = as Fii :.- a) --5 .-- -2 -5 • a5 (3,) u) c") 2 0 • — E 4-- (1) ° >. CZ " o E ;a o 5 0 0 u) U) = 0 =v-,--"a 0-'-- -C3 ° o o 5 0 0 a _ a) 0 0, c c as a) a) o .., o .- - .-

73 -c , -ra a -) CO "0 El? a) 0 E ' • 2 o t -'= ._E 2 0 F aL V) :,-;)- -- u -'ci). > .. c ..c •- - ,_. L.- 0 (1) (1) as -. 'E ° o .c °- ° ai- 0,0 5

0) o -'-' a ) -1-) = n 0 0 -_-9 --5 m a 1 • - 0 'E . 0 F 5 -cs '--- c a - r;', "c 1:5 CZ r- 2 0= •c) - c"- a) o=o-s- = c,-0,:a. C"— Mi• .-7=-0 .-- 0 c-6 C= 1.= cll " E-m — .°c-, .00cu) .,a

-) .-.(E

—i) •

c>—i)

0cl. -00a3 —

:.E=— -

0r

,-1-• >CZ, 0C.) 6

0. -i a) - 4- '-- -- Lo c- ..= as ,-. , 0 co a) qz --• 0 w C C2. %.1.• S, = , { s s, ..— a) a) 0 rz ,- a .ci) o " 0 ic-5 0.. -0 0 0 - ! c - 0 _c - a) 0 0) 2

g -g CC5 CIS 4- E zt-_ o a) - o 4- • o °5 .- 4- 2 - ..,-, U) *ujf 0, C .-'. Cz z = a) fa :i5 _c o ..g_ 0 -3- 45 , ,:,'- 0 cS p) a) > = a = a) 1.,- a) .c ) co .2 U) Ts co .'-' 2 ' -.(-“) >,.0 E .- § .co "ca:)) -0 o -° F., - E ..-_-(7) c7, co - . 52 ..„ .c7) ' - g :--, T-_,.. :.--- "rz -0

u) .=- CC c.) E --6 a) ° 2 ,-- '-g2 E 0 E0 -c -I < 1- o >-, 2 -2 a CL = 0 as co a :;_-_-. as ,Ea_ -2 u) < .E c o_ -5 a) o) '5 0 -5 Se

wag

e Sl

udg

e:

Ker

n C

oun

ty

Thi

s b i

ll w

ould

aut

hori

ze t

he K

ern

Cou

nty

Boa

rd of Su

per

vis

ors,

up

on a

m

ajo

rity

vot

e, t

o re

gul

ate

or p

rohi

bit b

y or

dina

nce,

in a

man

ner

mor

e st

ring

ent

than

sta

te o

r fe

dera

l law

and in

a

nond i

scri

min

ator

y m

anne

r, t

he l

and

app

licat

ion

of s

ewag

e s

ludg

e in

un

inco

rpor

ated

are

as i

n th

e ju

risd

ictio

n of

the

coun

ty, a

s p

resc

ribed

. Thi

s bi

ll

cont

ain

s o

ther

re

late

d p

rovi

sion

s.

Au

thor

a I o

'a7 <

a I

C) ca co

u) , ; 6 . z

-

EL •

LC) (N C.')

-.4., co_

T•-• I,-C*1

‹c co

CC III F 20

Bill

Sta

tus 0 c

11) ° ' CLI LL ill -.-' s_. 0 's_-' i-. ° ci) ,...:., 0_ 0 0 -0 •< Er-CL CL 0- in

cn cr) u_ co A cs, .0 ..c, Lli ,-- 0 /‘

C.° .'2 11 R, & <0 77 CN a) -50DN-- 0<u) ir) 0 CC _2 u) i-o-- -1 0 0

Supp

ort

5/28

/13

Rea

d th

ird

5/8/

13

tim

e; p

asse

d an

d or

dere

d to

the

Sen

ate

. Le

tter

Sen

t 5/

9/13

L

eag

ue >

sup

por

t

City

Cou

ncil

Act

ion

4e. 't CD 0 CL --- ---- 0- OC) 'CB 0) Z L . 0 4... ,4 - ' i 76 Cl) CD -I

Co

mm

ittee

R

ecom

men

dati

on

..-. s.-o a a =

U)

't o a a z

u)

Sta

ff

Rec

omm

enda

tion

't o a a z

Cl)

't o a a =

ci)

Top

ic

_c u) _c 0 c. -E) V(t a) - a) _0 76 75 o o -0 -- a) 0 E _c 44.- C.) -0 Et C U) ..0 " -.-. 0 0 0 C ...,

-I E To CS s- ro

CU 0a3 (7cia) ,-, o'- e- 0 0) _o ,_ 0 -• - 13_ 0. 0 .-

u) C 0°- >,c -I c3) -2 -9 "--cii C) o --.„ E .a) m a) .2 o) 5 .2 --", _c -ti, -7= ca ' -er) 2 '411 L,, --- o c 1- LC- IF c_) - -.- .- 4- 0 •z o ..--• --,- c 4) a) _c _1 = 0 0 o E ff 1-5 , -c 0 c c 0_ .u.) ,

.c = o a)

CD ry 0 1- 0 0 ..._ '5 o Cl) .„. 0_ 5 o __,.. : C ..0

_.0 76 0 .0 'al a ) a ) — < .. ._ E _ '• C ' ‘..7 r ._, E 0) >, 15 572 -0 4- o o (-) la) +C-5 75 LE:i ‘... =,-, 0 c a) - .- .! — 1_ c — S.- C •-• — Li= C

a E o_ E a- ca D,, 0 R 0 0. c 0 (.7(vs. 1==o0 am- -0- 0_ E 0 ,--

) LL1 I- 11.1 ',..- a3 0_ ti=c ._E (1) c..) C...) cn ._ c.) c

_6

.-

-,,- •-• 0 0. w In

vers

e C

ond

emna

tion

: C

om

par

ativ

e Fa

ult

Th

is b

ill w

ould

app

ly the

doc

trin

e of

co

mp

ara

t ive

fault

to i

nver

se

con

dem

nati

on a

cti

ons

and

wo

uld

req

uire

a c

ourt

or

arb i

trat

or t

o re

duce

th

e c

omp

ens

atio

n p

aid

to a

pla

intif

f in

an

inv

erse

con

dem

nati

on p

roce

edi

ng

in d

irec

t pro

por

tion

to h

is o

r he

r pe

rce

ntag

e of fa

ult,

if

any,

in

the

dam

agin

g o

f p

rop

erty

tha

t con

sti

tute

s a

ta

king

, as

spec

i fied

. Thi

s bi

ll co

nta

ins

othe

r re

late

d p

rov

isio

ns a

nd

oth

er

exis

ting

law

s.

Aut

hor

0 I

C 0 -2 o CD

0 I

4j,

(13 (I) cn a) c o -,

) _ 5 ) ) B

Z 6 —

T Cf) .4- CI3

CC III F 21

Bil

l Sta

tus 12

LE >,

TD E co

< Cs1 Ci) e- C

C•1 a3

.... 8 cL sa. u) A CD = Fe2 a) __1

o E

E as ri Lu — ca —J a. _1 8 n "0 ci) • < [1: C:2

C2_ D

— ----- ._. N— C", .= N— ,g, Ili o a) .= •t-. C.C) • fa. c‘i = .— -. _ =L., (1) — 0, „ 0.. as cl) a) c) D N-- 0

Supp

ort

5/16

/13 S

ena

te

3/27

/13

Com

mitt

ee o

n R

ules

fo

r Ass

ignm

ent

.

Lea

gue

> w

atc

h

City

Cou

ncil

Act

ion

>, 4-'

B 8 Cl a a :5Z

Cf) U)

'5 0 cn 0" L..

6)

ID -J

0 ,-- VS ii a

Com

mitt

ee

Rec

om

men

dati

on

't 0 0. 0-0

U) >,

.5) 6 2 i

..0 C.) 4—

Sta

ff

Rec

omm

enda

tion

t o 0. C. 0

U)

-t 0 0. 0- 0

U)

Top

ic

Com

mu

nity

Red

eve

lop

men

t: Su

cces

sor

Ag

enc

ies

Thi

s bi

ll w

oul d

pro

vide

cer

tain

ty to

su

cce

ssor

ag

enc

ies

and

all

othe

r pu

blic

an

d p

riva

te e

ntit

ies

that

ben

efits

of

fered by

a f

indi

ng o

f co

mpl

etio

n ca

n be

re

lied

upon

. Add

itio

nally

, the

bill

wou

ld e

nab l

e su

cces

sor

ag

enci

es to

le

vera

ge

acce

ss

to s

eve

ral

ben

efits

w

ithou

t any

unc

erta

intie

s of

whe

ther

or

not t

he S

tate

Dep

artm

ent of Fi

nanc

e

will

reve

rse

dec

isio

ns m

ade

by

succ

ess

or a

gen

cies

an

d o

vers

ight

bo

ards

.

Ca

liforn

ia G

lobal War

min

g So

luti

ons

Act

of 2

006:

G

reen

hous

e G

as R

edu

ctio

n Fu

nd:

Su

sta

inab

le

Co

mm

unit

ies

Stra

teg

ies

Thi

s bi

ll w

ould

req

uire

the

sta

te b

oard

, in

co

nsul

tatio

n w

ith t

he C

alif

orni

a Tr

ansp

orta

tion

Com

mis

sion

and

the

St

r ate

gic

Gro

wt h

Cou

nci

l, to

est

ablis

h st

anda

rds,

cri

teri

a, a

nd

deve

lopm

ent

an

d im

ple

men

tatio

n o

f gra

nt p

rogr

ams,

an

d to

des

igna

te g

rant

ing

auth

ority

w

ithin

ea

ch re

gio

n o

f the

sta

te to

ad

min

iste

r th

e m

oney

s a

lloca

ted

for

reg

iona

l gra

nt p

rogr

ams.

Gold

Co

ast

Tra

nsit

Dis

tric

t T

his

b ill

wou

ld di

ssol

ve t

he G

old

Coa

st

Tra

nsit

Join

t Pow

ers

Age

ncy

an

d cr

eate

the

Gold

Coa

st T

ran

sit D

istr

ict

( Dis

tric

t) in

the

Cou

nty

of V

entu

ra.

Aut

hor

0 1 c =

2

0 1

-CTS _C -E a)

o _i

0 1

Cl) E co

§ ) _

1) 3) a

E fil

u"' in

in CO

co cz, ELI

CC III F 22

Bill

Sta

tus

To >, 0

.7) 3 _, E a)0 ..., 05 co c Li) a) 0

Au_ a)

.. .t E ,-- = --. a) 0) e— 0 0 0

O(9 __I

o c 4.E. Cti 0_ Lij CtS —nI _I ..0 --_, —

Ci) " Ls, ci) as -- = „ u.1 LT5 co a) — — A

v, .0 v-,..,C LU co a) " .= sz, L_, (:)_ c\J 0 to' cn ii3 (93

C'4 0 —5 0 D N— 0 Lc) 0 F1 2 co in' _1 5/

24/1

3 A

ssem

bly t

hird

re

adi

ng.

Lea

gue

> c

once

rns

C

AS

A >

conc

ern

s C

SAC

> c

once

rns

City

Cou

ncil

Act

ion

-t co o o_

U)

'5 o c n co ,_ ..._ Lo

a) _1

Com

mitt

ee

Rec

om

men

dati

on

mt o a. 0. =

U) >,

15) C 2 .65

..... ,. o 0. a

U)

..c

rts

Sta

ff

Rec

om

men

dati

on

t 0 ..c 0. a. m

U)

0 II

.= o its

C.) -a. o

1--

Loca

l Go

vern

men

t F i

nanc

e:

Tax

E

qu

ity A

lloc

atio

n Fo

rmul

a:

Qu

alify i

ng C

itie

s T

his

bill

wou

ld, c

omm

enc

ing

with

the

20

12-1

3 fi

scal

yea

r, a

nd e

ach

fisc

al

year

the

rea

fter

, in

crea

se

the

allo

cati

on

of p

rop

erty

tax

rev

enu

es u

nder

a n

ew

Tax

E

quity

A

lloca

tion

(T

EA

) fo

rmul

a th

at r

efle

cts

the

mo

dern

nee

ds of No

and

Low

" ta

x c

ities

.

Ag

ricu

ltural Pro

duc

ts: D

irec

t M

arke

ting

: Cer

tifie

d Fa

rme

rs'

Mar

kets

T

his

bill

wo u

ld r

ene

w a

uth

ori

zati

on f

or

the

sta

te's

ro

le i

n th

e s

tate

's c

ertif

ied

farm

ers

' mar

kets

, inc

ludi

ng p

ena

lties

fo

r rog

ues,

whi

ch a

re n

ow s

ched

ule

d to

exp

ire

at t

he e

nd

of

2013

.

Ide

ntity

The

ft: L

ocal Age

ncie

s T

his

bill

wou

ld re

qui

re l

ocal

ag

enci

es

to n

otif

y co

nsum

ers

of

a br

eac

h if

pe

rson

al

info

rmat

ion

has

been

ac

cess

ed

by u

nau

tho

rize

d p

erso

ns.

Aut

hor

0 I C

2 , _0 co

0 I c o C/) c 2

.0

0 1

u) o 0_ E co 0

) -_

. 3) 3 _

6 Z • CO

7r

CC) <

m a) a) CO <

a) •a• ,-, v- CO <

CC III F 23

Bill

Sta

tus

>, 70 ...c E. co c 6 co

< .00 a) A r: u) a) FD ,.....9 co- 53- ca 0 'Cr < Up .--J 5/

24/1

3 F

aile

d D

eadl

ine

pur

suan

t to

Rul

e 6

1(a)

(5).

(Las

t lo

cati

on w

as A

PPR

. SU

SPEN

SE

FILE

on

5/16

/201

3)

Leag

ue >

wat

ch

Op

pose

5/

15/1

3 S

enat

e C

omm

ittee

on

Labo

r an

d In

dus

tria

l R

elat

ions

.

Lea

gue

> o

ppos

e

City

Cou

ncil

Act

ion

4., .5 1... CD 0 VD C/) M

o- -7-.7 1_ --- 0. CO 0 ) Z i-I- 5 r, i.--i5 M 13) —I

(...) c— rZ 35

-CO-

Co

mm

ittee

R

eco

mm

enda

tion

.i. o 0. o. = co

= c.) lii

Sta

f f

Rec

omm

end

ati

on

..c c.) Ca '5

.c LI

C) u) o CI O. 0

.0 a. o

I—

Sale

s an

d U

se T

axes

: E

xem

pti

ons:

U

nman

ned A

erial Veh

icle

M

anu

fac

turi

ng: I

nco

me

Taxe

s:

Cre

dits

: H

irin

g T

his

bill

wou

ld e

sta

blis

h sa

les

and

use

ta

x ex

em

ptio

n (S

UT

) for

tang

ible

pe

rson

al p

rope

rty (T

PP)

used

in

unm

ann

ed

aer

ial v

ehic

le

man

ufac

turi

ng, a

nd

allo

ws

unm

anne

d ae

rial

veh

icle

s (U

A V) m

anu

fact

urer

s an

inc

ome

tax

cre

dit b

ased

on

qua

lified

w

ages

pai

d to

em

ploy

ees.

Unm

anne

d A

ircr

aft

Syst

em

s T

his

b ill

wou

l d e

sta

blis

h st

anda

rds

for

the

use

of u

nman

ned

air

craf

t sy

stem

s by

pub

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CC III F 26

City of Camarillo

AGENDA REPORT

Date: June 12, 2013

To: Honorable Mayor and Council embers


Submitted by: Dan Paranick, Assistant City Manager

Subject: Extension of Agreements with E.J. Harrison & Sons, Inc. for Commercial and Residential Waste Hauling

SUMMARY

Consider extending the Commercial and Residential Waste Hauling Agreements, with E.J. Harrison & Sons, Inc. (Harrison), for an additional one year period to allow additional time for staff to review and consider options regarding the two franchise agreements which are scheduled to expire on June 30, 2013.

DISCUSSION

On June 8, 2012, the City's commercial solid waste hauling franchise agreement with Harrison was extended for a period of twelve months through June 30, 2013. Under the commercial franchise agreement, Harrison provides collection, diversion and disposal of solid waste, and collection and transport for processing of recyclable and green waste materials generated from commercial and industrial uses located in the City's non-residentially zoned lots.

In addition to the commercial franchise agreement, the City also currently has a separate residential waste hauling franchise agreement with Harrison, which is also scheduled to expire on June 30, 2013. As such, the proposed additional one-year extension to the commercial and residential agreements, will allow for both commercial and residential services to be on the same contract term, which may provide additional benefits and efficiencies to the City and customers when reviewing and considering franchise agreement options for both types of waste hauler services provided to the community.

Over the course of the next several months, staff will review and then present the City Council with options and alternatives to consider in anticipation of pursuing long-term commercial and residential franchise agreements. Options and alternatives to be

CC III G 1

Extension to Solid Waste Franchise Agreements — E.J. Harrison and Sons June 12, 2013 Page 2 of 2

presented for the City Council's consideration may include the following: a proposed process and calendar for commercial and residential franchise agreements, service levels, rates, and terms.

BUDGET IMPACT


SUGGESTED ACTION

Approval authorizes the Fourth Amendment to the solid waste commercial franchise agreement; the Third Amendment to the residential franchise agreement; and extends the terms of both franchise agreements for an additional one year.

ATTACHMENTS

Fourth Amendment to Agreement No. 2000-29 Third Amendment to Agreement No. 1996-68

Finance Review: DW

CC III G 2

FOURTH AMENDMENT TO AGREEMENT NO. 2000-29

FRANCHISE AGREEMENT BETWEEN THE CITY OF CAMARILLO

AND E.J. HARRISON & SONS, INC.

FOR COLLECTION, DIVERSION, AND DISPOSAL OF SOLID WASTE, AND COLLECTION AND TRANSPORT FOR PROCESSING OF

RECYCLABLE AND GREEN WASTE MATERIALS GENERATED FROM COMMERCIAL AND INDUSTRIAL USES LOCATED IN THE CITY

This Fourth Amendment to Franchise Agreement for Collection, Diversion, and Disposal of Solid Waste, and Collection and Transport for Processing of Recyclable and Green Waste Materials Generated from Commercial and Industrial Uses Located in the City ("Fourth Amendment") is between the City of Camarillo, a California municipal corporation and general law city ("City") and E.J. Harrison & Sons, Inc., a California corporation ("Harrison"), and is effective as of June 30, 2013. The parties agree as follows:

Section 1. Recitals. This Fourth Amendment is made and entered into with respect to the following facts:

(a) The parties to this Fourth Amendment are parties to that certain agreement entitled "Franchise Agreement for Collection, Diversion, and Disposal of Solid Waste, and Collection and Transport for Processing of Recyclable and Green Waste Materials Generated from Commercial and Industrial Uses Located in the City" effective as of September 1, 2000 ("Franchise Agreement").

(b) The term of the Franchise Agreement has been extended by that certain First, Second, and Third Amendment to Agreement No. 2000-29, and the current term is scheduled to expire on June 30, 2013, unless extended.

(c) The parties desire to extend the term of the Franchise Agreement for an additional one year period in order to allow additional time for the City to review the status of the Franchise Agreement and for the parties to, if mutually desired, review and consider franchise agreement options for waste hauler services provided to the community.

(d) This Fourth Amendment is authorized under Section 9.04.160 of the Camarillo Municipal Code, which provides for the award of an exclusive commercial solid waste franchise.

(e) The City Council of the City of Camarillo further finds that the public health, safety, and well-being require the limited continuation of the exclusive commercial solid waste franchise established under the Franchise Agreement as provided in this Fourth Amendment.

Page 1 of 3

CC III G 3

Section 2. Modification to Franchise Agreement. Section 4.2.A of the Franchise Agreement is amended and restated as follows:

4.2 Term.

A. Term. The Term of this Agreement will be extended for an additional period of twelve months ending at midnight on June 30, 2014, unless sooner terminated as provided in this Agreement.

Section 3. Application of Amended CMC Chapter 9.04. The parties acknowledge that the City amended its solid waste regulations codified as Chapter 9.04 of the Camarillo Municipal Code pursuant to City Ordinance No. 1028 in 2008. All references in the Franchise Agreement to Chapter 9.04 are modified to refer to the corresponding provisions of amended Chapter 9.04, and to the extent there is any conflict between the provisions of the Franchise Agreement and Chapter 9.04, as amended, the provisions of Chapter 9.04 will control.

Section 4. Review of and Potential Amendment to Franchise Agreement. The parties agree that they will meet and confer for the purpose of reviewing, and if mutually desired, modifying the Franchise Agreement so that it may continue, as modified, for an extended term.

Section 5. Ratification of Franchise Agreement. The parties hereby ratify all the terms and conditions of the Franchise Agreement as amended by this Fourth Amendment.

[Signatures on the following page.]

Page 2 of 3

CC III G 4

CITY OF CAMARILLO

Bruce Feng, City Manager

ATTEST:

Jeffrie Mad land, City Clerk

E.J. HARRISON & SONS, INC.

By Name & Title

By Name & Title


Donald M. Davis, Assistant City Attorney

By Esq.

Attorney for E.J. Harrison & Sons, Inc.

c: City Manager's Office

Page 3 of 3

CC III G 5

THIRD AMENDMENT TO AGREEMENT NO. 1996-68

FRANCHISE AGREEMENT BETWEEN THE CITY OF CAMARILLO

AND E.J. HARRISON & SONS, INC.

FOR COLLECTION, DIVERSION, AND DISPOSAL OF SOLID WASTE, AND COLLECTION AND TRANSPORT FOR PROCESSING OF

RECYCLABLE AND GREEN WASTE MATERIALS GENERATED FROM RESIDENTIAL USES LOCATED IN THE CITY

This Third Amendment to Franchise Agreement for Collection, Diversion, and Disposal of Solid Waste, and Collection and Transport for Processing of Recyclable and Green Waste Materials Generated from Residential Uses Located in the City ("Third Amendment") is between the City of Camarillo, a California municipal corporation and general law city ("City") and E.J. Harrison & Sons, Inc., a California corporation ("Harrison"), and is effective as of June 30, 2013. The parties agree as follows:

Section 1. Recitals. This Third Amendment is made and entered into with respect to the following facts:

(a) The parties to this Third Amendment are parties to that certain agreement entitled "Franchise Agreement for Collection, Diversion, and Disposal of Solid Waste, and Collection and Transport for Processing of Recyclable and Green Waste Materials Generated from Residential Uses Located in the City" effective as of January 1, 1996 ("Franchise Agreement").

(b) The term of the Franchise Agreement has been extended by that certain First and Second Amendment to Agreement No. 1996-68, and the current term is scheduled to expire on June 30, 2013, unless extended.

(c) The parties desire to extend the term of the Franchise Agreement for an additional one year period in order to allow additional time for the City to review the status of the Franchise Agreement and for the parties to, if mutually desired, review and consider franchise agreement options for waste hauler services provided to the community.

(d) This Third Amendment is authorized under Section 9.04.160 of the Camarillo Municipal Code, which provides for the award of an exclusive residential solid waste franchise.

(e) The City Council of the City of Camarillo further finds that the public health, safety, and well-being require the limited continuation of the exclusive residential solid waste franchise established under the Franchise Agreement as provided in this Third Amendment.

Page 1 of 3

CC III G 6

Section 2. Modification to Franchise Agreement. Section 4.2.A of the Franchise Agreement is amended and restated as follows:

4.2 Term.

A. Term. The Term of this Agreement will be extended for an additional period of twelve months ending at midnight on June 30, 2014, unless sooner terminated as provided in this Agreement.

Section 3. Application of Amended CMC Chapter 9.04. The parties acknowledge that the City amended its solid waste regulations codified as Chapter 9.04 of the Camarillo Municipal Code pursuant to City Ordinance No. 1028 in 2008. All references in the Franchise Agreement to Chapter 9.04 are modified to refer to the corresponding provisions of amended Chapter 9.04, and to the extent there is any conflict between the provisions of the Franchise Agreement and Chapter 9.04, as amended, the provisions of Chapter 9.04 will control.

Section 4. Review of and Potential Amendment to Franchise Agreement. The parties agree that they will meet and confer for the purpose of reviewing, and if mutually desired, modifying the Franchise Agreement so that it may continue, as modified, for an extended term.

Section 5. Ratification of Franchise Agreement. The parties hereby ratify all the terms and conditions of the Franchise Agreement as amended by this Third Amendment.

[Signatures on the following page.]

Page 2 of 3

CC III G 7

CITY OF CAMARILLO

Bruce Feng, City Manager

ATTEST:

Jeffrie Mad land, City Clerk

E.J. HARRISON & SONS, INC.

By Name & Title

By Name & Title


Donald M. Davis, Assistant City Attorney

By Esq.

Attorney for E.J. Harrison & Sons, Inc.

c: City Manager's Office

Page 3 of 3

CC III G 8

ORDINANCE NO. 1077

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMARILLO, CALIFORNIA, AMENDING CHAPTER 19.04 OF TITLE 19 OF THE CAMARILLO MUNICIPAL CODE PERTAINING TO THE DEFINITIONS OF AND PERMITTED ZONES FOR SUPPORTIVE AND TRANSITIONAL HOUSING AND MAKING OTHER CONFORMING AMENDMENTS TO TITLE 19

The City Council of the City of Camarillo ordains as follows:

SECTION 1. Findings. The City Council finds as follows:

A. Under the state's Housing Element Law (specifically, Government Code section 65583(a)(5)), the City is required as part of its General Plan Housing Element to analyze and remove constraints that hinder the development of "supportive housing" and "transitional housing," as such terms are defined in the Health & Safety Code, and to consider such uses in the City's Zoning Code as a residential use of property that is "subject only to those restrictions that apply to other residential dwellings of the same type in the same zone."

B. Program No. 18 of the City's 2008-2014 Housing Element identifies the need for the adoption of an ordinance amending the Camarillo Municipal Code to facilitate the provision of a variety of housing types by designating supportive housing and transitional housing as a residential use that is permitted, conditionally permitted or prohibited in same manner as other residential dwellings of the same type in the same zone.

C. The proposed amendments to Title 19 of the Camarillo Municipal Code are intended to fulfill the City's obligations under Program No. 18 of the City's 2008-2013 Housing Element and Government Code section 65583, and are also intended to qualify the City's draft 2013-2021 Housing Element update for streamlined review by the California Department of Housing and Community Development, which reviews the City's Housing Element for compliance with the state Housing Element Law.

D. The Camarillo Planning Commission held a noticed public hearing regarding the proposed ordinance on February 19, 2013, and adopted Resolution No. PC 2013-02 finding the ordinance consistent with the City's General Plan, and recommending adoption.

E. The City Council held a noticed public hearing regarding the proposed ordinance on March 13, 2013 and a continued public hearing on March 27, 2013 and May 22, 2013, and has considered all oral and written comments on the proposed ordinance.

F. On May 22, 2013, the City Council adopted Resolution No. 2013-49 approving a Negative Declaration regarding the environmental impact of the ordinance in compliance with CEQA.

G. The City Council finds that the proposed ordinance is consistent with and further implements the goals and policies of the City's General Plan, in particular, the City's Housing Element.

CC III H 1

SECTION 2. Amendments to Chapter 19.04. Chapter 19.04 (Definitions) of Title 19 (Zoning) of the Camarillo Municipal Code is amended as follows:

A. A new Section 19.04.781 is added to read as follows:

"Section 19.04.781 Supportive housing.

"Supportive housing" has the meaning set forth in California Health & Safety Code section 50675.14. Supportive housing will be permitted, conditionally permitted or prohibited in the same manner as other residential dwellings of the same type in the same zone under this code and applicable state law."

B. Section 19.04.796 is amended and restated to read as follows:

"Section 19.04.796 Transitional housing.

"Transitional housing" has the meaning set forth in California Health & Safety Code section 50675.2. Transitional housing will be permitted, conditionally permitted or prohibited in the same manner as other residential dwellings of the same type in the same zone under this code and applicable state law."

SECTION 3. Repeal of Section 19.16.020.R. Camarillo Municipal Code Section 19.16.020.R is hereby repealed.

SECTION 4. Amendment to Section 19.62.166. Camarillo Municipal Code Section 19.62.166 is amended and restated to read as follows:

"19.62.166 - Emergency shelter and transitional housing.

Emergency shelters, and transitional housing (in a zone where residential dwellings are not otherwise conditionally permitted), must comply with the following conditions in addition to the general provisions and other conditions imposed for a conditional use permit:

A. Management Plan. The emergency shelter and transitional housing provider must have a written management plan, including as applicable, provisions for staff training, neighborhood outreach, security, screening of residents to insure compatibility with services provided at the facility, and training, counseling, and treatment programs for residents.

B. General Property Development Standards. The facility must conform to all property development standards of the zoning district in which it is located, except as modified by this section.

C. Maximum Number of Persons/Beds. The facility may not contain more than forty beds or serve more than forty homeless persons at any one time.

D. Lighting. Adequate external lighting must be provided for security purposes. The lighting must be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity compatible with the neighborhood.

Ordinance No. 1077 Page 2 of 4

CC III H 2

E. Laundry Facilities. The facility must provide laundry facilities adequate for the number of residents.

F. Common Facilities. The facility may provide one or more of the following specific common facilities for the exclusive use of the residents:

1. Central cooking and dining room;

2. Recreation room.

G. Security. Parking facilities must be designed to provide security for residents, visitors and employees.

H. On-site Parking. On-site parking is subject to the requirements set forth in Chapter 19.44 of this code.

Outdoor Activity. Outdoor activities may only be conducted between the hours of eight a.m. to ten p.m.

J. Concentration of Uses. No more than one facility is permitted within a radius of one thousand feet from another emergency shelter or transitional housing facility.

K. Refuse. Facilities must provide a refuse storage area that is completely enclosed with masonry walls not less than five feet high with a solid-gated opening and that is large enough to accommodate a standard-sized trash bin adequate for the parcel. The refuse enclosure must be accessible to refuse collection vehicles.

L. Shelter Provider. The agency or organization operating the facility must comply with the following requirements:

1. Emergency shelters are to be available to residents for no more than sixty days. Extensions up to a total stay of one hundred eighty days may be provided, if no alternative housing is available.

2. Staff and services must be provided to assist residents to obtain permanent shelter and a steady source of income. These services must be available at no cost to all residents.

3. The provider may not discriminate in any services provided."

SECTION 5. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 6. Publication. The City Clerk is directed to certify this ordinance and cause it to be published in the manner required by law.


CC III H 3

PASSED AND ADOPTED , 2013.

Mayor

ATTEST:

City Clerk


City Attorney

I, Jeffrie Madland, City Clerk of the City of Camarillo, certify Ordinance No. 1077 was introduced by the City Council at a meeting held May 22, 2013, and subsequently passed and adopted by the City Council at a regular meeting held , by the following vote:


City Clerk


CC III H 4


Date: June 12, 2013



Submitted by: Tom Fox, Director of PubliCWorks

Subject: Resolution Approving Plans and Specifications and Notice to Invite Bids - ST-12-03, 2013 Annual Overlay Program

SUMMARY

Consider authorizing the subject project to proceed with inviting bids for construction.

DISCUSSION

Plans and specifications have been completed for the subject project, and the funding for this project is included in the Capital Improvement Project fund for fiscal year 2013-14 budget. The engineer's estimate is $2 million. Staff is requesting authorization to advertise for bids for construction.

The overlay project will include a base bid as well as alternate bids. Alternate bids are for additional neighborhoods to be overlaid. If bid prices are high, only the base bid will be awarded. If lower bids are received, alternate bids will also be awarded, pending each cost.

BUDGET IMPACT


SUGGESTED ACTION

Approval adopts a Resolution authorizing the project, approving plans and specifications, and directing staff to proceed with inviting bids for ST-12-03.

ATTACHMENTS

Resolution

Finance Review: DW

CC III I 1


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMARILLO APPROVING PUBLIC IMPROVEMENTS AND NOTICE INVITING BIDS FOR PROJECT ST-12-03, 2013 ANNUAL OVERLAY PROGRAM


SECTION 1: The City Council of the City of Camarillo finds and declares that:

A. The city is desirous of completing that public improvement project, as shown on the attached location map, attached hereto and incorporated herein by reference (the "Project").

B. The Project is necessary to further promote the public health, safety and welfare.

C. The City Council has previously allocated funds for the construction of the Project in approving the budget for the current fiscal year.

D. The Planning Commission and the City Council have previously determined that the Project is consistent with the city's General Plan.

E. The City has conducted the necessary environmental review for the Project and a Categorical Exemption has been approved and posted for the Project.

SECTION 2: City Council approves said project, approves the plans and specifications, and hereby authorizes the Director of Public Works to proceed with the public bidding procedures for the Project.

SECTION 3: This resolution shall take effect immediately.

SECTION 4: The City Clerk shall certify to the adoption of this resolution.


Attested to on Mayor

City Clerk

CC III I 2



City Clerk

c: Public Works Department (2) Finance Department


CC III I 3

CC III I 4


Date: June 12, 2013



Submitted by: Tom Fox, Director of Public Works

Subject: Resolution Exonerating Warranty Securities for ST-09-03, 2010 Annual Overlay Program

SUMMARY

Warranty securities have been held for the required maintenance period for the subject project and may be exonerated.

DISCUSSION

The project, ST-09-03, 2010 Annual Overlay Program consisted primarily of street rehabilitation work throughout the City of Camarillo. The work included the pulverization of existing asphalt concrete (AC) pavement, AC overlay, access ramps construction, pavement marking and related work.

Funding for this project was through Prop 1B FY 08-09 Grant Funds.

Public improvements were accepted by the Camarillo City Council per Resolution 2011-129. Warranty securities have been held for the required maintenance period and Safeco Insurance Company of America, Performance/Payment Bonds No. 6731189 in the amount of $3,288,715.00 may be exonerated.

BUDGET IMPACT


SUGGESTED ACTION

Approval adopts a Resolution exonerating warranty securities.


Finance Review: DW

CC III J 2


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMARILLO EXONERATING WARRANTY SECURITIES FOR ST-09-03, 2010 ANNUAL OVERLAY PROGRAM



A. On June 12, 2013, the City Council of the City of Camarillo accepted public improvements for ST-09-03, 2010 Annual Overlay Program.

B. Warranty securities have remained posted for the required maintenance period.

SECTION 2: Safeco Insurance Company of America Performance/Payment Bonds No. 6731189 in the amount of $3,288,715.00 are exonerated.

SECTION 3: The Public Works Department is authorized to return the bonds noted in Section 2 to the contractor.



City Clerk


AYES: Councilmembers: NOES: Councilnnembers: ABSENT: Councilmennbers:

City Clerk

c: C.A. Rasmussen Inc., w/original security Safeco Insurance Company of America Department of Public Works (2) Finance Department

CC III J 3


Date: June 12, 2013




Subject: Resolution Summarily Ordering the Vacation of a Portion of West Daily Drive while Reserving and Excepting therefrom Easements; Quitclaim Deed for a Portion of West Daily Drive

SUMMARY

The portion of West Daily Drive within the AMLI property, westerly of its existing improved partial cul-de-sac terminus, west to the City of Camarillo's Water Well D is considered for summary vacation. The area to be vacated is excess right-of-way of a street and is not required for street purposes.

DISCUSSION

This summary vacation is for that portion of West Daily Drive located within the AMLI property, westerly of its existing improved partial cul-de-sac terminus west of Las Posas Road. The area to be vacated is approximately 0.22 acres and the location is shown on the attached map.

The Planning Commission of the City of Camarillo on October 4, 2011, conditionally approved RPD-173. The project was approved and conditioned such that the City would vacate a portion of West Daily Drive. Staff completed a review of existing utilities. Letters were sent to the various utility companies. Most responses indicated that there are no in-place public facilities and therefore, reservations of easements will not be needed as part of this summary vacation. However, the Gas Company and the City's Water Division both maintain in-place public facilities within the area of the proposed summary vacation and request that a permanent easement be reserved and excepted from this summary vacation to permit their continued use and operation of their facilities in their present location. They have also requested a copy of the recorded resolution. Therefore, included in this summary vacation is the reservation of easements for an access road, water line and gas line which will remain in place until a new access road and water line to Well D have been constructed and until the Gas Company's facilities are relocated.

CC III K 1

Summary Vacation of Portion of West Daily Drive June 12, 2013 Page 2

Once the new access road and water line to Well D are constructed and in use, staff will present to City Council a summary vacation of the reserved easements and then that portion of the existing West Daily Drive improvements and the existing utilities can be removed.

BUDGET IMPACT


SUGGESTED ACTION

Approval adopts a resolution summarily ordering the vacation of a portion of West Daily Drive with reservation of easements, and authorizes the Mayor to sign the quitclaim document for a portion of West Daily Drive on behalf of the city.

ATTACHMENTS

Resolution Quitclaim Deed

Finance Review: DW

CC III K 2

RECORDED AT THE REQUEST OF AND WHEN RECORDED MAIL TO:

CITY CLERK CITY OF CAMARILLO 601 Carmen Drive Camarillo, California 93010

Recorded for the benefit of City of Camarillo. No fee required (Government Code §27383).


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMARILLO SUMMARILY ORDERING THE VACATION OF A PORTION OF WEST DAILY DRIVE WHILE RESERVING AND EXCEPTING THEREFROM EASEMENTS


SECTION 1. The City Council of the City of Camarillo finds as follows:

A. A portion of West Daily Drive at its westerly cul-de-sac terminus, has been proposed by staff for a summary vacation proceeding pursuant to Chapter 4 of Part 3 of Division 9, Section 8330, et seq., of the Streets and Highways Code.

B. The portion of West Daily Drive proposed for summary vacation is described on Exhibit A and shown on Exhibit B, attached hereto and incorporated by this reference.

C. The portion of West Daily Drive proposed for summary vacation is an excess right-of-way of a street and is not required for street purposes pursuant to the provisions of Section 8334, et seq., of the Streets and Highways Code of the State of California.

D. There are in-place in-use public utility facilities that would not be adversely affected by the vacation.

E. The public interest, convenience and necessity requires the vacation of this portion of West Daily Drive, while reserving and excepting therefrom easements pursuant to the provisions of Section 8340, et seq., of the Streets and Highways Code.

SECTION 2. That pursuant to the provisions of Section 8340, et seq., of the Streets and Highways Code, the City hereby reserves and excepts from the vacation the easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew water pipelines and appurtenant structures in, upon, over, and across such portion of West Daily Drive and, pursuant to any existing franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew, and enlarge lines of

CC III K 3

pipe, and other convenient structures, equipment, and fixtures for the operation of gas pipelines and for incidental purposes, including access to protect these works from all hazards in, upon, and over such portion of West Daily Drive, and the City also reserves and excepts from the vacation the easements of The Gas Company and the City of Camarillo Water Division (hereafter "Reserved and Excepted Easements").

SECTION 3. The portion of West Daily Drive as described on Exhibit A and shown on Exhibit B, is hereby vacated and no longer constitutes a public street, provided that reserved and excepted from this Order of Vacation are the Reserved and Excepted Easements pursuant to Streets and Highways Code Section 8340.

SECTION 4. The City Clerk is directed to cause a certified copy of this resolution of vacation, attested by the City Clerk under seal, to be recorded in the office of the County Recorder of Ventura County. Upon such recordation, the vacation will be complete.

SECTION 5. The City Clerk is directed to certify to the adoption of this resolution.



City Clerk



City Clerk c: Spanish Hills Apartments

AMLI RPD-173 The Gas Company Department of General Services — I.S. Division Department of Public Works - Water Division Department of Public Works (2)

Resolution No. Page 2 of 2

CC III K 4

EXHIBIT "A" LEGAL DESCRIPTION

RIGHT-OF-WAY VACATION

PORTION of DAILY DRIVE (Parcel 5, Doc. No. 81-085310, O.R.)

That portion of Section 27, and Lot 2 of Section 34, Township 2 North, Range 21 West, San Bernardino Meridian, in the City of Camarillo, County of Ventura, State of California, according to the official plat thereof, more particularly described as follows:

ALL of Parcel 5, of that certain Relinquishment of highway Right-of-Way No. 888 recorded September 8, 1981 as document no. 81-085310 of Official Records as delineated and shaded on the Map recorded July 7, 1981 in State Highway Map Book 4 Page 55, records of Ventura County.

EXCEPT THEREFROM that portion lying westerly of the west line of the land described in the Quitclaim Deed June 29, 1995 as Document No. 95-077385 of Official Records of said County.

SUBJECT TO: All covenants, Rights, Rights-of-Way and Easements of record.

EXHIBIT "B": Attached and by this reference made a part hereof.

Vzof3 Date

II 93-EX004-VACA.docx

Matthew J. Vernon PLS 7553

Page 1 of 1

CC III K 5

C\-1

PARCEL 2 4258 O.R. 54(

(GRANTED TO THE CITY OF CAMARILLO PER R3)

/4.)

c) T.P.O.B. R2, PARCEL 2 0.0

PARCEL 2 4258 O.R. 546 (GRANTED TO THE CIT Ad OF CAMARILLO PER R3)

EXHIBIT "B" PLAT TO ACCOMPANY LEGAL DESCRIPTION co

'II

LINE DATA TABLE

NO. BEARING LENGTH

L1 NOO° 21'01"E 73.51' L2 N89° 38'46"W 32.22' L3 NOO° 21'01"E 39.66' L4 NOO° 21'01"E 44.96'

CURVE DATA TABLE

NO. DELTA RADIUS LENGTH C1 90 ° 00'00" 25.00' 39.27' C2 54 ° 04'44" 275.00' 259.52'

N89 °38'59W 283.66'

PCL 4 /7- WEST LINE

3623 O.R. 244 N/17

T.P.O.B R1, PARCEL 2

180 90 0 180

(SCALE IN FEET )

DAILY DRIVE

0 LAS

P OSAS

ROA D

LEGEND:

P.O.B. T.P.O.B. R1 , R2 R3

PAM

Aar Aar ° A rL2

P 0 B V/R1 & R2 HWY 101

AREA OF DESCRIPTION

POINT OF BEGINNING TRUE POINT OF BEGINNING PARCEL 2, 4258 O.R. 540 PARCEL 2, 4258 O.R. 546 PARCEL 5, DOC No. 81-085310, O.R. STATE HWY 4 MB 62

MATTHEW J. VERNON PLS 7553

DATE.

RIGHT—OF—WAY VACATION

PORTION OF DAILY DRIVE CITY OF CAMARILLO

COUNTY OF VENTURA, STATE OF CALIFORNIA

DATE: 3/21/13

SCALE: 1"=180'

SHEET: 1 OF 1

CAD: JM

CHK'D: MJV

PLANNING NI !DESIGN II CONSTRUCTION

5051 VERDUGO WAY, SUITE 300 CAMARILLO, CALIFORMA 93012

805.383.3373 • FAX 805.383.3371 • vemv.RBF.com CONSULTING

CC 111K 6

RECORDING AT THE REQUEST OF AND WHEN RECORDED RETURN TO:

Jeffrie Madland, CITY CLERK CITY OF CAMARILLO 601 Carmen Drive Camarillo, California 93010

Recorded for the benefit of City of Camarillo. No fee required (Government Code §27383).

QUITCLAIM DEED A.P.N.157-0-030-320 and 350, 157-0-050-095 and 105

THE UNDERSIGNED GRANTOR(s) DECLARE(s) DOCUMENTARY TRANSFER TAX is $ N/R CITY TAX $ N/R p computed on full value of property conveyed, or p computed on full value less value of liens or encumbrances remaining at time of sale, p unincorporated area: • City of Camarillo, and

FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,

The CITY OF CAMARILLO, a general law city,

hereby quitclaims to

Spanish Hills Apartments., LLC, a California limited liability company

the following described real property in the City of Camarillo, County of Ventura, State of California:

A portion of Westpark Court as described on Exhibit "A" and depicted on Exhibit "B", both attached hereto, RESERVING and excepting therefrom a permanent easement in favor of the City for access road and the operation and maintenance of one or more waterline(s) and all purposes related thereto and a permanent easement to the Gas Company for the operation and maintenance of one or more gas line(s) and all purposes related thereto, in, over, under, along and across the property described on Exhibit "A" and depicted on Exhibit "B". Should any inconsistency exist between Exhibits "A" and "B", Exhibit "A", the written description will govern.

Dated: June 12, 2013 Charlotte Craven, Mayor

State of California ) ) ss.

County of )

On , before me, personally appeared ,

personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS MY HAND AND OFFICIAL SEAL.

Notary Public in and for said County and State

... . .. .... . _. c: t'uoiic Works IJepaitinent, The Gas Company, Spanish Hills Apts, AMLI Project No. West Daily Drive, RPD-173

CC III K 7


Date: June 12, 2013


From: Bruce Feng, City


Subject: Resolution Approving Plans and Specifications and Notice to Invite Bids and Solicit Request for Qualifications for Construction Management Services - Pancho Road Reclaimed Pipeline (WT-12-01)

SUMMARY

This item is to request approval to solicit construction bids and request for qualifications (RFQ) for construction management services for Pancho Road Reclaimed Pipeline (WT-12-01)

DISCUSSION

The City of Camarillo (City) is finalizing design of a 16-inch recycled water distribution pipeline along Pancho Road between Howard Road and Pleasant Valley Road. The new pipeline would connect to an existing 12-inch pipeline at the intersection of Pancho Road and Pleasant Valley Road and a future 24-inch pipeline at the intersection of Pancho Road and Howard Road. The Pancho Road pipeline would carry recycled water that would be used by agricultural properties along Pleasant Valley Road and large landscape properties/street medians within Village at the Park.

Plans and specifications have been completed for the subject project and are available for review in the Public Works Department. Staff is requesting authorization to advertise for construction bids. The engineer's construction estimate is $1,600,000.

Construction management services will provide assistance with contractor/design engineer coordination, continuous onsite inspection, respond to questions from contractor, design engineer, general public response, etc.

City staff is requesting permission to solicit construction bids for the project and solicit a formal request for qualifications and proposals from firms having experience in construction management services. The budget for construction management services is $60,000.

CC III L 1

Pancho Road Reclaimed Pipeline (WT-12-01) June 12, 2013 Page 2 of 2

BUDGET IMPACT

Sufficient funds for solicitation of bids are available in WT-12-01 Account Nos. 860-8710-487.91-41 and 860-8710-487.92-45.

SUGGESTED ACTION

Approval directs staff to solicit construction bids and issue a RFQ/RFP for construction management services related to Pancho Road Reclaimed Pipeline (WT-12-01).

ATTACHMENT

Resolution

Finance Review: DW

CC III L 2


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMARILLO APPROVING PLANS AND SPECIFICATIONS AND NOTICE TO INVITE BIDS — WT-12-01, PANCHO ROAD RECLAIMED PIPELINE



A. The City is desirous of completing that public improvement project, as shown on the attached location map, attached hereto and incorporated herein by reference (the "Project").

B. The Project is necessary to further promote the public health, safety and welfare.

C. The City Council has previously allocated funds for the construction of the Project in approving the budget for the current fiscal year.

D. The City has conducted the necessary environmental review for the Project and a Categorical Exemption has been approved and posted for the Project.

SECTION 2: The City Council approves the plans and specifications for said project and hereby authorizes the City Engineer to proceed with the public bidding procedures for the Project.

SECTION 3: This resolution shall take effect immediately.

SECTION 4: The City Clerk shall certify to the adoption of this resolution.


Attested to on Mayor

City Clerk

CC III L 3



City Clerk

c: Public Works Department (2) Finance Department


CC III L 4

CC III L 5


Date: June 12, 2013




Subject: Resolution Approving Improvement Plans and Acknowledging Receipt of Securities and Other Necessary Documents for RPD-173, AMLI Residential

SUMMARY

AMLI Residential (RPD-173) proposes to construct 384 apartment units at the east end of the Springville Specific Plan Area on the vacant agricultural parcel. The developer submitted improvement plans, agreements, securities and other necessary documents, and paid required fees.

DISCUSSION

The Planning Commission of the City of Camarillo on October 4, 2011, conditionally approved RPD-173, location as shown on the attached map. The project was conditioned to construct certain improvements for which agreements and securities are required. The developer submitted improvement plans, agreements, securities and other necessary documents, and paid required fees. Some of the other necessary documents included in this request for approval are storm water agreements, license agreement and dedications of right-of-way, easements and water rights.

Improvement plans are available for review in the office of the City Engineer. Resolution No. 2011-31, with project conditions of approval, is available for review in the office of the Director of Community Development.

In addition, the developer has a special request that the City of Camarillo deviate from its normal development process by allowing the project to proceed with a partial zoning clearance for building of the concrete "foundations-only" prior to the required off-site sewer and storm drain being installed. Because AMLI is the first of the three large developers in the Springville area north of US101 to develop, they are required to install thousands of feet of sewer and storm drain infrastructure off-site to the west, across the LARO property and connecting to the existing sewer and storm drain located on the Rancho property. This circumstance is unique as typically a development is connecting to existing sewer and storm drain infrastructure near or adjacent to its project.

CC VIA 1

RPD-173 AMLI Residential June 12, 2013 Page 2 of 2

This special request would require changes to the conditions of approval which in turn would require a public hearing. If council feels there is merit to considering the request, staff would also recommend covering the city's interests by requiring a risk agreement with financial security for the removal the concrete slabs if a future need arises.

BUDGET IMPACT


SUGGESTED ACTION

1) A motion to adopt a Resolution approving improvement plans and acknowledging receipt of agreements, securities, and other necessary documents, and authorizing the City Manager to accept the dedications and sign the agreements on behalf of the city and authorizing the City Engineer to sign improvement plans.

2) Consider AMLI's special request by setting a public hearing for a future City Council meeting including changes to the project conditions of approval and a risk agreement with financial security.


Finance Review: DW

CC VIA 2

CALLE LA GUERRA

PONDEROSA DR

41

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ECTE DAILY

DR2 W DAILY DRIVE

VENTURA Fwy 101

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RPD-173 AMLI Residential

CITY OF CAMARILLO PUBLIC WORKS

CC VIA 3


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMARILLO ACKNOWLEDGING RECEIPT OF IMPROVEMENT PLANS, AGREEMENTS, SECURITIES, AND OTHER NECESSARY DOCUMENTS FOR RPD-173, AMLI RESIDENTIAL



A. On October 4, 2011, the Planning Commission of the City of Camarillo conditionally approved RPD-173.

B. The City Engineer has caused an agreement to be executed stating the developer has retained a registered civil engineer to be responsible for field construction of this project as required by the Business and Professions Code.

SECTION 2: The recitals set forth above are true and correct.

SECTION 3: Agreements and Fidelity & Deposit Company of Maryland Performance/Labor and Materials Bonds No. 09092978 in the amount of $2,817,966 for construction of development improvements; Fidelity & Deposit Company of Maryland Performance/Labor and Materials Bonds No. 09092983 in the amount of $23,898 for construction of shared ultimate storm drain connection; Fidelity & Deposit Company of Maryland Performance/Labor and Materials Bonds No. 09092984 in the amount of $33,181 for future 100-year overflow west culvert-design/construction; Fidelity & Deposit Company of Maryland Performance/Labor and Materials Bonds No. 09092979 in the amount of $100,000 for fair share of future signal at Ponderosa/Spring Oak; Fidelity & Deposit Company of Maryland Performance/Labor and Materials Bonds No. 09092980 in the amount of $30,000 for fair share of future signal at Ponderosa/Springville; Fidelity & Deposit Company of Maryland Performance/Labor and Materials Bonds No. 09092981 in the amount of $180,600 for grading; BMO Harris Bank N.A. Certificate of Deposit No. 6900333492 in the amount of $2,275 for trees, emergency road, landscape and irrigation deposits; and other necessary documents are acknowledged as received.

SECTION 4. The storm water agreements, license agreement and dedications of right-of-way, easements and water rights are approved and the City Manager is authorized to sign said agreements and accept said dedications to the City of Camarillo on behalf of the City of Camarillo.

SECTION 5. The improvement plans are approved and the City Engineer is authorized to sign said plans and other necessary documents.

CC VIA 4



City Clerk



City Clerk c: AMLI Residential

Fidelity & Deposit Company of Maryland BMO Harris Bank N.A. Department of Public Works (3) Finance Department Information Systems Division

Resolution No. Page 2 of 2

CC VIA 5

City of Camarillo

AGENDA REPORT

Date: June 12, 2013


From: Planning Commission


Subject: Comments to Draft Environmental Impact Report (DEIR) — Camarillo Academy High School + Performing Arts Center

SUMMARY

The Oxnard Union High School District (OUHSD) is proposing to build a new high school and performing arts center on a new 28-acre parcel north of the Camarillo Library to be annexed to the City. The OUHSD is the Lead Agency under CEQA (California Environmental Quality Act) for the project, and they have produced a Draft Environmental Impact Report (DEIR) for a 45-day public review. The Planning Commission recommends the City Council consider the proposed comments to the DEIR developed by City staff.

DISCUSSION

The OUHSD is proposing to build and operate a 28-acre Camarillo Academy High School + Performing Arts Center (CAHS+PAC) campus north of the Camarillo Library to accommodate 700 -1,000 students beginning in Fall 2015.

The 28-acre parcel of land upon which the campus would be built is part of a larger 77.3-acre parcel of unincorporated farm land north of the Camarillo Library, known as the "Bell Ranch" site, and purchased by OUHSD in 2005. A subsequent Local Agency Formation Commission (LAFCo)-required Alternative Site Analysis confirmed that the chosen site is OUHSD's "Preferred Site" (i.e., least affected by natural and/or man-made impacts and most likely to be approved by the California Development of Education) upon which to build the new Academy. On March 13, 2013, the City Council also recognized the Bell Ranch site as the Preferred Site for the new high school.

Following the Council's March 13 action, the OUHSD, in consultation with City staff, LAFCo staff, and others, prepared the DEIR, which is in its 45-day comment period until June 19, 2013. The City may submit written comments on the DEIR no later than that date.

CC VII A 1


The proposed project consists of a new high school and a performing arts center with associated facilities, including an administration building, classrooms, a laboratory, media centers, a food service and multipurpose dining building, an exercise room, maintenance and operations shed, central plant yard for mechanical equipment, a multipurpose recreational field, parking lots for automobiles and buses, and internal roadways. Improvements adjacent to the school site include roadway extensions, driveway modifications, a new traffic signal, and connections to utilities.

Pages 1-36 of the DEIR provide an excellent Executive Summary of the project, including a comprehensive Summary of Project Impacts, Project Design Features, Mitigation Measures, Standard Conditions, and Level of Significance after Mitigation. Pages 3-1 through 3-45 provide the Project Description. We encourage your review of the material in these sections.

Lead vs. Responsible AciencV

The Oxnard Unified High School District is the Lead Agency under CEQA for the development of the high school project. The City of Camarillo is a Responsible Agency under CEQA for the approval of portions of the project that the City has the responsibility to approve, such as the General Plan Amendment (GPA), Pre-Zoning and Annexation, and any public works improvements for the project. In addition, the Camarillo Sanitary District (District) is also a Responsible Agency as it is responsible for considering the annexation of the high school property into the District. The EIR, though certified by the OUHSD, will be used by the City and the Camarillo Sanitary District for their respective discretionary approval actions.

In accordance with CEQA, staff has been in consultation with the OUHSD during the preparation of the DEIR to ensure that the EIR will be adequate for the City's and Sanitation District's use during the consideration of the GPA, Pre-Zoning, Annexation, and public works improvements for the project. However, CEQA encourages Responsible Agencies to review and comment on DEIRs, focusing on any shortcomings in the EIR or mitigation measures that the EIR should include. As a Responsible Agency, the comments must be limited to those project activities that are within the City's and District's areas of expertise, or which are required to be carried out or approved by the City and/or District, or which will be subject to the exercise of powers by the City and/or District.

If the City and/or District believe that the OUHSD's certified Final EIR is not adequate for their use in approving those portions of the project for which they are responsible (i.e., GPA, Pre-Zoning, Annexation, and public works improvements), the City Council and District Board must take the issue to court within 30 days after the District files a Notice of Determination, which they are expected to do shortly after July 24. Assuming that no legal action is necessary to ensure the adequacy of the EIR, the Planning Commission, at its meeting of August 6, will review the certified Final EIR and recommend to the Council and the District the adequacy of the certified Final EIR with appropriate findings. Also at that meeting, the Commission will consider recommending approval of the General Plan Amendment, Pre-Zoning of the Bell Ranch parcel, and

CC VII A 2


application to LAFCO for the Annexation of the property into the City and the Sanitary District.

As currently scheduled, the City Council and Camarillo Sanitary District Board will take action on the Planning Commission's recommendations for acceptance of the Final EIR and pre-annexation actions on August 28.

Project Impacts, Mitigation Measures, and Proposed Comments

Using the Appendix "G" Initial Study Checklist Thresholds, the DEIR identified and analyzed the project's identified and likely cumulative impacts. Of those impacts identified, the DEIR finds the project will result in immediate and cumulative Significant Unavoidable Impacts related to the permanent loss of 19.36 acres of Prime Farmland, and 8.3 acres of Farmland of Statewide Importance. As concluded in the Alternative Site Analysis, there are no other feasible sites or project alternatives within the OUHSD's Camarillo service area that will lessen these impacts, while meeting the project's objectives.

Significant Unavoidable Impacts are also identified as a result of construction activities. These temporary impacts will result in the generation of air pollutants at levels likely to exceed the Ventura County Air Pollution Control District's (VCAPCD) thresholds for nitrogen oxides (N0x,) due to the operation of construction equipment and reactive organic gases (ROG) (due to the application of architectural coatings). Such exceedances are not feasibly mitigated. Mitigation measures related to the control of fugitive dust will be applied in accordance with VCAPCD's Rule 55, required of all construction projects throughout Ventura County.

All other Potentially Significant Impacts have been mitigated to Less than Significant impacts. There are, however, several identified activities that may create potential impacts of which City decision-makers should be aware. Specifically, the project potentially impacts public services and utilities (police services and wastewater) and traffic.

Public Services and Utilities - Wastewater: Although the project would incorporate low-flow plumbing fixtures, the proposed project will generate new wastewater flows that may require that some segments in the Lewis Road wastewater trunk line be upsized, based on previous collection flow estimates. In addition to the CAHS+PAC's flows, the flows from the development of the Village Gateway projects (former Imation property adjacent to Lewis Road) may also add to the need to upsize the Lewis Road line. The potential impact associated by these additional flows has been addressed by Mitigation Measure 4.13.1, as identified on pages 1-29 and 4.13-25 as follows:

Sewer Improvements. Prior to the start of construction, the Oxnard Union High School District (OUHSD) will complete a sewer study to determine which segments of the Camarillo Sanitary District's (CSD) collection system in Lewis Road need additional capacity to accommodate the proposed high school. The OUHSD will be required to pay for or otherwise participate in upsizing the sewer capacity of any segments identified that

CC VII A 3


need additional capacity to accommodate the project. The CSD may require any upsizing necessary to be completed by the OUHSD or other project developers in the Lewis Road area, or the CSD itself may construct the project. The CSD has not yet determined the most feasible method to achieve the upsizing of the sewer segments.

Staff finds this mitigation measure to be adequate for reducing and/or eliminating the identified impact. However, it is noted that Mitigation Measure 4.13.1 is not included in the Mitigation and Monitoring Reporting Program, and the Planning Commission recommends the City's and District's comment letters request that this oversight be corrected in the Final EIR.

Public Services and Utilities - Public Safety: The DEIR states on page 4.13-14:

As discussed in Chapter 3.0, OUHSD would hire an SRO [School Resource Officer] to patrol the CAHS+PAC. OUSHD would also hire or use volunteer school crossing guards to be stationed at traffic intersections in the vicinity of the proposed project site before and after school hours to assist students with crossing at marked crosswalks. It is anticipated that crossing guards would be provided at the intersections of Las Posas Road/Camino Alvarez and Las Posas Road/Lewis Road.

Staff notes that Chapter 3 lacks a formal discussion of OUHSD taking responsibility for paying for a School Resource Officer (SRO) and crossing guards. Rather, the SRO is identified as an employee in Table 3.A: Project Components (page 3-28), and crossing guards are identified in Table 3.B: Project Design Features. As such, staff recommends that language be added to Chapter 3 discussing the OUHSD's plans to hire a SRO and crossing guards as part of the project. In addition, staff recommends that language be added to clarify that any additional SROs or crossing guards recommended by the Ventura County Sheriffs Department, the City, or the OUHSD, now or in the future, will be provided by the OUHSD at its sole cost.

Transportation and Circulation (Traffic):

The DEIR identifies the following Project Components related to Transportation and Circulation Improvements (Table 3-A):

• Extend Camino Alvarez approximately 500 feet north to the proposed project limits.

• Extend Mar Vista Drive approximately 900 feet east to the proposed Camino Alvarez.

• Install a traffic signal at the intersection of Las Posas Road and Camino Alvarez.

• Add a left-turn pocket on Las Posas Road to the proposed Camino Alvarez extension.

CC VII A 4


• Potentially provide a right-turn lane from westbound Las Posas Road to the extension of Camino Alvarez if the Church of Latter-Day Saints (LDS) dedicates the required right-of-way.

• Provide a traffic signal interconnect conduit and conductors within Las Posas Road between Antonio Drive and Somis Road.

• Modify the existing LDS Church parking lot east of the library to take access from the extension of Camino Alvarez.

• Construction of a permanent dirt access drive along the northern and western boundaries of the school site to restore access for the farming operation.

While the DEIR concludes that the proposed project will not result in traffic impacts significant enough to require mitigation, staff is concerned that the length of the left-turn pocket on Las Posas Road to the proposed Camino Alvarez extension may prove to be inadequate to prevent obstructive queuing in the east-bound left lane under certain peak-hour operating conditions. As such, staff is concerned that accidents or excessive delays in the area during peak periods could occur without the ability to relieve peak-period congestion. If these impacts were to occur, they would not be mitigated under the current Project Components.

Traffic studies are predictive models of driver behavior given available route alternatives, and equally-qualified traffic engineers can come to different conclusions regarding the traffic impacts presented by a proposed project, depending on the traffic modeling software used and the variables input into the program. While the DEIR's discussion on Transportation and Circulation is adequate for CEQA purposes, the Level of Service of Las Posas Road may actually degrade to an unacceptable service level not concluded in the DEIR's traffic study. Recognizing this, City staff and OUHSD representatives have discussed addressing the City's concerns about possible impacts to through traffic on Las Posas, such that if accidents or excessive delays on Las Posas are caused by obstructive queuing, then the District would be required to implement additional traffic management measures, up to, and including, the construction of a new entry drive from the east end of the campus to Lewis Road. These conditions will be added as part of the City Council's consideration of future discretionary approvals.

The OUHSD's obligation to build the driveway would be secured with a bond, which they would post in favor of the City, in an amount equal to the estimated cost of purchasing needed right-of-way and the cost of constructing the driveway. The bond would be used if the following unacceptable conditions were to occur:

1. Traffic Safety: The State publishes average accident rates for different categories of streets and intersections. A statistical threshold can be established that identifies if accident patterns are average, which indicates a typical condition exists, and traffic is operating safely. If the threshold is exceeded, then accidents are occurring at a rate that is too high, and a safety problem exists. Once the traffic volume and

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accident frequency are measured at the high school access intersections on Las Posas Road, then the data can be entered into a statistical formula and compared to the State rate. If the threshold is exceeded, then the OUHSD will need to implement a solution.

2. Turn-Lane Storage: Turn lanes will be provided at several locations in and around the high school. In some cases, the turn lanes will be limited in length by physical constraints. This will limit the number of vehicles that are able to be stored waiting to make a turn. If the vehicle storage is exceeded to where vehicles are stopped in the through lanes on Las Posas, then a solution must be implemented.

3. Congestion: Some congestion is typical and manageable near school property. However, if too much congestion occurs, then a solution must be implemented. The City's General Plan criteria requires a level-of-service (LOS) C for streets and intersections. Therefore, if the average LOS for an entire hour is at LOS D or worse, the criteria would be exceeded. Due to the nature of traffic at schools, conditions can peak more extremely for periods shorter than one hour. So if the average LOS for a half-hour period is LOS E or worse, then the criteria will be exceeded.

In addition, in Tables 4.15-H and 4.15-J, the proposed Traffic Signal at Camino Alvarez and Las Posas Road is shown as a Project Design Feature, although the signal is identified as a Project Component in Table 3-A. The comment letter should recommend changing the identification of the traffic signal in Tables 4.15-H and 4.15-J to Project Component.

Comment Letter Recommendations:

In summary, staff believes the DEIR adequately describes the proposed CAHS+PACS project and identifies the environmental impacts associated with the construction and operation of the campus. There are some minor comments that should be made regarding the DEIR, and the Planning Commission recommends the City's and Sanitary District's letters include the following:

1. Though identified in Table 1.C, and on page 4.13-25, Mitigation Measure 4.13.1, pertaining to sewer improvements, needs to be included in the Mitigation and Monitoring Reporting Program. The OUHSD Project Manager and Camarillo Sanitation District should be identified as the Responsible Parties for carrying out the mitigation, with the timing for mitigation prior to the opening of the school facility.

In addition, the City's letter should also include the following comments:

2. Language should be added to Chapter 3 discussing the OUHSD's plans to hire an School Resource Officer (SRO) and crossing guards as part of the project and that any additional SROs or crossing guards recommended by the

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Ventura County Sheriffs Department, the City, or the OUHSD, now or in the future, will be provided by the OUHSD at its sole cost.

3. Change the identification of the traffic signal in Tables 4.15-H and 4.15-J to "Project Component" for consistency with the text.

BUDGET IMPACT


SUGGESTED ACTION

a MOTION to direct staff to draft a comment letter to the Oxnard Union High School District regarding the Camarillo Academy High School + Performing Arts Center Draft Environmental Impact Report, using the proposed comments provided.


CAHS+PACS Draft Environmental Impact Report* *Note: This report was previously distributed to the City Council and is available for

review at Camarillo City Hall, on the counter of the Department of Community Development, as well as on the City's website at: www.ci.camarillo.ca.us/New Hiqh School/New Camarillo HS Draft EIR.

Finance Review: DW

The agenda report for the companion CSD item follows on next page.

CC VII A 7

City of Camarillo

AGENDA REPORT

Date: June 12, 2013


From: Bruce Feng, City Manager ( _

Submitted by: Richard Petropulos, Director of General Services

Subject: Enterprise Fleet Management Agreement & Lease/Purchase Option

SUMMARY

Consider approving a Master Equity Lease Agreement with Enterprise Fleet Management for city fleet vehicles. If approved, consider lease/purchase option of two replacement fleet vehicles.

DISCUSSION

The department of General Services is seeking Council's approval to partner with Enterprise Fleet Management to develop a schedule to replace the current fleet of aging vehicles with new vehicles through a lease program. The proposed lease agreement is an open agreement with Enterprise Fleet Management wherein vehicles could be exchanged at any time; however, the vehicles would most often be exchanged every five years depending on use.

The first year of a lease for each vehicle would be partially or entirely covered by the trade-in value of the existing vehicle. This would create an initial low or no cost to the City. At the beginning of the lease term for each vehicle, Enterprise Fleet Management will project the value of the vehicle at the end of the lease. Upon lease term conclusion, the City has the option to either purchase the vehicle from Enterprise at the pre-negotiated price, or Enterprise will sell the vehicle for the City. If the sale price of the vehicle exceeds the pre-negotiated value, those funds will be given to the City to cover future vehicle replacement costs.

This agreement will reduce fleet management staff time, allow for reduced fuel and maintenance costs and produce higher resale value making our fleet management program more fiscally effective. The City spends a great deal of staff resources to acquire, maintain and dispose of vehicles when they have reached the end of their useful life. With Enterprise Fleet Management's large network, City vehicles can be purchased more cost effectively and will be sold more quickly and at the best possible price. Along with using

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Enterprise Fleet Management Agreement and Lease Purchases for FY 1 2/13 June 12, 2013 Page 2

Enterprise to purchase and sell our vehicles at the best price, Enterprise will also register the vehicles with the DMV, saving additional City staff time.

This agreement is sought under a "piggy back" Request for Proposal by the Office of Court Construction and Management, a Division of the Administrative Office of the Courts for fleet management (Contract Number OCCM-FY-2007-08 Vehicle Fleet Management Services). Enterprise Fleet Management was awarded the contract as a result of a competitive bid process. Other jurisdictions such as the cities of Oxnard, Santa Ana, Long Beach, Costa Mesa, Garden Grove, Gardena and Newport Beach have also utilized this same proposal and vendor. Enterprise Fleet Management has agreed to extend the same pricing structure and terms under the Master Terms and Conditions to the City of Camarillo.

In keeping with current purchasing requirements, each lease agreement will be brought forth for Council's approval.

If Council approves the Master Equity Lease Agreement with Enterprise Fleet Management for city fleet vehicles, staff is requesting approval to lease two fleet vehicles scheduled for replacement in this fiscal year.

Year Vehicle Type & Unit # Monthly Cost

2013 Sport Utility — Unit 368 $313.42

2013 Half Ton 2WD Pickup Truck— Unit 18 $365.36

BUDGET IMPACT

Implementation of the Enterprise Fleet Management lease program is a multi-phase approach. The initial phase would require appropriations in fiscal year 2013/14 for the first years lease of $3,761 for Unit No. 368 in Storm Water Management Fund Account No. 270-7705-477.47-14, and $4,384 for Unit No. 18 in Water Utility Fund Account No. 860-7705-477.47-14, both as supplemental additions to the Fiscal Year 2013/14 Mid-Cycle Budget being presented to Council for adoption on June 26, 2013. Funds currently set aside for replacement of these two vehicles in the Vehicle & Equipment Fund will remain until a determination is made on the continuation of the lease purchase program.

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Enterprise Fleet Management Agreement and Lease Purchases for FY 12/13 June 12, 2013 Page 3

SUGGESTED ACTION

1. a MOTION to approve the City Manager to enter into a five year Master Equity Lease Agreement with Enterprise Fleet Management; and designate the Director of General Services as the contract manager for the fleet program.

2. a MOTION to approve leasing fleet vehicles for Units 368 (Public Works —Storm Water) and 18 (Public Works — Water Division).

ATTACHMENTS

Master Equity Lease Agreement Fleet Planning Analysis

Finance Review: DW

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1)01=T MASTER EQUITY LEASE AGREEMENT

This Master Equity Lease Agreement is entered into this twelfth day of March, 2013, by and between Enterprise FM Trust, a Delaware statutory trust ("Lessor"), and the lessee whose name and address is set forth on the signature page below ("Lessee").

1. LEASE OF VEHICLES: Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the vehicles (individually, a 'Vehicle" and collectively, the "Vehicles") described in the schedules from time to time delivered by Lessor to Lessee as set forth below ("Schedule(s)") for the rentals and on the terms set forth in this Agreement and in the applicable Schedule. References to this "Agreement" shall include this Master Equity Lease Agreement and the various Schedules and addenda to this Master Equity Lease Agreement. Lessor will, on or about the data of delivery of each Vehicle to Lessee, send Lessee a Schedule covering the Vehicle, which will include, among other things, a description of the Vehicle, the lease term and the monthly rental and other payments due with respect to the Vehicle. The terms contained in each such Schedule will be binding on Lessee unless Lessee objects in writing to such Schedule within ten (10) days after the date of delivery of the Vehicle covered by such Schedule. Lessor is the sole legal owner of each Vehicle. This Agreement is a lease only and Lessee will have no right, title or interest in or to the Vehicles except for the use of the Vehicles as described in this Agreement. This Agreement shall be treated as a true lease for federal and applicable state income tax purposes with Lessor having all benefits of ownership of the Vehicles, it is understood and agreed that Enterprise Fleet Management, Inc. or an affiliate thereof (together with any subservicer, agent, successor or assign as servicer on behalf of Lessor, "Servicer") may administer this Agreement on behalf of Lessor and may perform the service functions herein provided to be performed by Lessor.

2. TERM: The term of this Agreement ("Term") for each Vehicle begins on the date such Vehicle is delivered to Lessee (the "Delivery Date") and, unless terminated earlier in accordance with the terms of this Agreement, continues for the "Lease Term" as described in the applicable Schedule.

3. RENT AND OTHER CHARGES: (a) Lessee agrees to pay Lessor monthly rental and other payments according to the Schedules and this Agreement. The monthly payments will

be In the amount fisted as the "Total Monthly Rental Including Additional Services" on the applicable Schedule (with any portion of such amount identified as a charge for maintenance services under Section 4 of the applicable Schedule being payable to Lessor as agent for Enterprise Fleet Management, Inc.) and will be due and payable in advance on the first day of each month. If a Vehicle is delivered to Lessee on any day other than the first day of a month, monthly rental payments will begin on the first day of the next month. In addition to the monthly rental payments, Lessee agrees to pay Lessor a pro-rated rental charge for the number of days that the Delivery Date precedes the first monthly rental payment date. A portion of each monthly rental payment, being the amount designated as "Depreciation Reserve" on the applicable Schedule, will be considered as a reserve for depreciation and will be credited against the Delivered Price of the Vehicle for purposes of computing the Book Value of the Vehicle under Section 3(c). Lessee agrees to pay Lessor the "Total Initial Charges" set forth in each Schedule on the due date of the first monthly rental payment under such Schedule. Lessee agrees to pay Lessor the "Service Charge Due at Lease Termination" set forth in each Schedule at the end of the applfcable Term (whether by reason of expiration, early termination or otherwise).

(b) In the event the Term for any Vehicle ends prior to the last day of the scheduled Term, whether as a result of a default by Lessee, a Casualty Occurrence or any other reason, the rentals and management fees paid by Lessee will be recalculated in accordance with the rule of 78's and the adjusted amount will be payable by Lessee to Lessor on the termination date.

(c) Lessee agrees to pay Lessor within thirty (30) days after the end of the Term for each Vehicle, additional rent equal to the excess, if any, of the Book Value of such Vehicle over the greater of (I) the wholesale value of such Vehicle as determined by Lessor in good faith or (II) except as provided below, twenty percent (20%) of the Delivered Price of such Vehicle as set forth In the applicable Schedule. If the Bock Value of such Vehicle is less than the greater of (I) the wholesale value of such Vehicle as determined by Lessor in good faith or (ii) except as provided below, twenty percent (20%) of the Delivered Price of such Vehicle as set forth in the applicable Schedule, Lessor agrees to pay such deficiency to Lessee as a terminal rental adjustment within thirty (30) days after the end of the applicable Term. Notwithstanding the foregoing, if (i) the Term for a Vehicle Is greater than forty-eight (48) months (Including any extension of the Term for such Vehicle), (II) the mileage on a Vehicle at the end of the Term is greater than 15,000 miles per year on average (prorated on a daily basis) (i.e., if the mileage on a Vehicle with a Term of thirty-six (36) months is greater than 45,000 miles) or (iii) in the sole judgment of Lessor, a Vehicle has been subject to damage or any abnormal or excessive wear and tear, the calculations described in the two immediately preceding sentences shall be made without giving effect to clause (ii) in each such sentence. The "Book Value" of a Vehicle means the sum of (I) the "Delivered Price" of the Vehicle as set forth in the applicable Schedule minus (ii) the total Depreciation Reserve paid by Lessee to Lessor with respect to such Vehicle plus (Hi) all accrued and unpaid rent and/or other amounts owed by Lessee with respect to such Vehicle.

(d) Any security deposit of Lessee will be returned to Lessee at the end of the applicable Term, except that the deposit will first be applied to any losses and/or damages suffered by Lessor as a result of Lessee's breach of or default under this Agreement and/or to any other amounts then owed by Lessee to Lessor. •

(e) Any rental payment or other amount owed by Lessee to Lessor which is not paid within twenty (20) days after its due date will accrue interest, payable on demand of Lessor, from the date due until paid in full at a rate per annum equal to the lesser of (i) Eighteen Percent (18%) per annum or (ii) the highest rate permitted by applicable law (the "Default Rate").

(f) If Lessee fails to pay any amount due under this Agreement or to comply with any of the covenants contained in this Agreement, Lessor, Servicer or any other agent of Lessor may, at its option, pay such amounts or perform such covenants and all sums paid or incurred by Lessor in connection therewith will be repayable by Lessee to Lessor upon demand together with Interest thereon at the Default Rate.

(g) Lessee's obligations to make all payments of rent and other amounts under this Agreement are absolute and unconditional and such payments shall be made in immediately available funds without setoff, counterclaim or deduction of any kind. Lessee acknowledges and agrees that neither any Casualty Occurrence to any Vehicle nor any defect, unfitness or lack of governmental approval in, of, or with respect to, any Vehicle regardless of the cause or consequence nor any breach by Enterprise Fleet Management, Inc. of any maintenance agreement between Enterprise Fleet Management, Inc. and Lessee covering any Vehicle regardless of the cause or consequence will relieve Lessee from the performance of any of its obligations under this Agreement, including, without limitation, the payment of rent and other amounts under this Agreement.

4. USE AND SURRENDER OF VEHICLES: Lessee agrees to allow only duly authorized, licensed and insured drivers to use and operate the Vehicles. Lessee agrees to comply with, and cause its drivers to comply with, all laws, statutes, rules, regulations and ordinances and the provisions of all Insurance policies affecting or covering the Vehicles or their use or operation. Lessee agrees to keep the Vehicles free of all liens, charges and encumbrances. Lessee agrees that in no event will any Vehicle be used or operated for transporting hazardous substances or persons for hire, for any illegal purpose or to pull trailers that exceed the manufacturer's trailer towing recommendations. Lessee agrees that no Vehicle is intended to be or will be utilized as a "school bus" as defined in the Code of Federal Regulations or any applicable state or municipal statute or regulation. Lessee agrees not to remove any Vehicle from the continental United States without first obtaining Lessor's written consent. At the expiration or earlier termination of this Agreement with respect to each Vehicle, or upon demand by Lessor made pursuant to Section 14, Lessee at its risk and expense agrees to return such Vehicle to Lessor at such place and by such reasonable means as may be designated by Lessor. If for any reason Lessee fails to return any Vehicle to Lessor as and when required in accordance with this Section, Lessee agrees to pay Lessor additional rent for such Vehicle at twice the normal pro-rated daily rent. Acceptance of such additional rent by Lessor will in no way limit Lessor's remedies with respect to Lessee's failure to return any Vehicle as required hereunder.

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CC XI A 4

1)g)krr 5. COSTS, EXPENSES, FEES AND CHARGES: Lessee agrees to pay air costs, expenses, fees, charges, fines, tickets, penalties and taxes (other than federal and state Income taxes on the income of Lessor) incurred in connection with the titling, registration, delivery, purchase, sale, rental, use or operation of the Vehicles during the Term. If Lessor, Servicer or any other agent of Lessor incurs any such costs or expenses, Lessee agrees to promptly reimburse Lessor for the same.

6. LICENSE AND CHARGES: Each Vehicle will be titled and licensed in the name designated by Lessor at Lessee's expense. Certain other charges relating to the acquisition of each Vehicle and paid or satisfied by Lessor have been capitalized in determining the monthly rental, treated as an initial charge or otherwise charged to Lessee. Such charges have been determined without reduction for trade-in, exchange allowance or other credit attributable to any Lessor-owned vehicle.

7. REGISTRATION PLATES, ETC.; Lessee agrees, at its expense, to obtain in the name designated by Lessor all registration plates and other plates, permits, Inspections and/or licenses required In connection with the Vehicles, except for the Initial registration plates which Lessor will obtain at Lessee's expense. The parties agree to cooperate and to furnish any and all information or documentation, which may be reasonably necessary for compliance with the provisions of this Section or any federal, state or local law, rule, regulation or ordinance. Lessee agrees that it will not permit any Vehicle to be located in a state other than the state In which such Vehicle Is then titled for any continuous period of time that would require such Vehicle to become subject to the titling and/or registration laws of such other state.

8. MAINTENANCE OF AND IMPROVEMENTS TO VEHICLES: (a) Lessee agrees, at its expense, to (i) maintain the Vehicles in good condition, repair, maintenance and running order and in accordance with all

manufacturer's Instructions and warranty requirements and all legal requirements and (ii) furnish all labor, materials, parts and other essentials required for the proper operation and maintenance of the Vehicles. Any alterations, additions, replacement parts or Improvements to a Vehicle will become and remain the property of Lessor and will be returned with such Vehicle upon such Vehicle's return pursuant to Section 4. Notwithstanding the foregoing, so long as no Event of Default has occurred and Is continuing, Lessee shall have the right to remove any additional equipment installed by Lessee on a Vehicle prior to returning such Vehicle to Lessor under Section 4. The value of such alterations, additions, replacement parts and improvements will in no instance be regarded as rent. Without the prior written consent of Lessor, Lessee will not make any alterations, additions, replacement parts or improvements to any Vehicle which detract from its economic value or functional utility. Lessor will not be required to make any repairs or replacements of any nature or description with respect to any Vehicle, to maintain or repair any Vehicle or to make any expenditure whatsoever in connection with any Vehicle or this Agreement.

(b) Lessor and Lessee acknowledge and agree that if Section 4 of a Schedule includes a charge for maintenance, (i) the Vehicle(s) covered by such Schedule are subject to a separate maintenance agreement between Enterprise Fleet Management, Inc. and Lessee and (ii) Lessor shall have no liability or responsibility for any failure of Enterprise Fleet Management, Inc. to perform any of its obligations thereunder or to pay or reimburse Lessee for its payment of any costs and expenses incurred in connection with the maintenance or repair of any such Vehicle(s).

9. SELECTION OF VEHICLES AND DISCLAIMER OF WARRANTIES: (a) LESSEE ACCEPTANCE OF DELIVERY AND USE OF EACH VEHICLE WILL CONCLUSIVELY ESTABLISH THAT SUCH VEHICLE IS OF A

SIZE, DESIGN, CAPACITY, TYPE AND MANUFACTURE SELECTED BY LESSEE AND THAT SUCH VEHICLE IS IN GOOD CONDITION AND REPAIR AND IS SATISFACTORY IN ALL RESPECTS AND IS SUITABLE FOR LESSEE'S PURPOSE. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT A MANUFACTURER OF ANY VEHICLE OR AN AGENT OF A MANUFACTURER OF ANY VEHICLE.

(b) LESSOR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY VEHICLE, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY AS TO CONDITION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. THE VEHICLES ARE LEASED "AS IS," 'WITH ALL FAULTS." All warranties made by any supplier, vendor and/or manufacturer of a Vehicle are hereby assigned by Lessor to Lessee for the applicable Term and Lessee's only remedy, if any, is against the supplier, vendor or manufacturer of the Vehicle.

(c) None of Lessor, Servicer or any other agent of Lessor will be liable to Lessee for any liability, claim, loss, damage (direct, incidental or consequential) or expense of any kind or nature, caused directly or indirectly, by any Vehicle or any Inadequacy of any Vehicle for any purpose or any defect (latent or patent) in any Vehicle or the use or maintenance of any Vehicle or any repair, servicing or adjustment of or to any Vehicle, or any delay in providing or failure to provide any Vehicle, or any interruption or loss of service or use of any Vehicle, or any loss of business or any damage whatsoever and however caused. In addition, none of Lessor, Servicer or any other agent of Lessor will have any liability to Lessee under this Agreement or under any order authorization form executed by Lessee if Lessor is unable to locate or purchase a Vehicle ordered by Lessee or for any delay in delivery of any Vehicle ordered by Lessee.

10. RISK OF LOSS: Lessee assumes and agrees to bear the entire risk of loss of, theft of, damage to or destruction of any Vehicle from any cause whatsoever ("Casualty Occurrence"). In the event of a Casualty Occurrence to a Vehicle, Lessee shall give Lessor prompt notice of the Casualty Occurrence and thereafter will place the applicable Vehicle in good repair, condition and working order; provided, however, that if the applicable Vehicle is determined by Lessor to be lost, stolen, destroyed or damaged beyond repair (a 'Totaled Vehicle"), Lessee agrees to pay Lessor no later than the date thirty (30) days after the date of the Casualty Occurrence the amounts owed under Sections 3(b) and 3(c) with respect to such Totaled Vehicle. Upon such payment, this Agreement will terminate with respect to such Totaled Vehicle.

11. INSURANCE: (a) Lessee agrees to purchase and maintain in force during the Term, insurance policies in at least the amounts listed below covering each

Vehicle, to be written by an insurance company or companies satisfactory to Lessor, insuring Lessee, Lessor and any other person or entity designated by Lessor against any damage, claim, suit, action or liability:

(i) Commercial Automobile Liability Insurance (including Uninsured/Underinsured Motorist Coverage and No-Fault Protection where required by law) for the limits listed below (Note - $5,000,000 Combined Single Limit Bodily Injury and Property Damage with No Deductible Is required for each Vehicle capable of transporting more than 8 passengers):

State of Vehicle Registration Cove rage

Connecticut, Massachusetts, Maine, New Hampshire, New $1,000,000 Combined Single Limit Bodily Injury and Property Jersey, New York, Pennsylvania, Rhode Island, and Vermont Damage - No Deductible

Florida $500,000 Combined Single Limit Bodily Injury and Property Damage or $100,000 Bodily Injury Per Person, $300,000 Per Occurrence and $50,000 Property Damage (100/300/50) - No Deductible

All Other States $300,000 Combined Single Limit Bodily injury and Property Damage or $100,000 Bodily injury Per Person, $300,000 Per Occurrence and $50,000 Property Damage (100/300/50) - No Deductible

(II) Physical Damage Insurance (Collision & Comprehensive): Actual cash value of the applicable Vehicle . Maximum deductible of $500 per occurrence - Collision and $250 per occurrence - Comprehensive).

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CC XI A 5

"DtZ,A-FT If the requirements of any governmental or regulatory agency exceed the minimums stated in this Agreement, Lessee must obtain and maintain the higher insurance requirements. Lessee agrees that each required policy of insurance will by appropriate endorsement or otherwise name Lessor and any other person or entity designated by Lessor as additional insureds and loss payees, as their respective interests may appear. Further, each such insurance policy must provide the following: (i) that the same may not be cancelled, changed or modified until after the insurer has given to Lessor, Servicer and any other person or entity designated by Lessor at least thirty (30) days prior written notice of such proposed cancellation, change or modification, (ii) that no act or default of Lessee or any other person or entity shall affect the right of Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns to recover under such policy or policies of insurance in the event of any loss of or damage to any Vehicle and (iii) that the coverage is "primary coverage" for the protection of Lessee, Lessor, Servicer, any other agent of Lessor and their respective successors and assigns notwithstanding any other coverage carried by Lessee, Lessor, Servicer; any other agent of Lessor or any of their respective successors or assigns protecting against similar risks. Original certificates evidencing such coverage and naming Lessor, Servicer, any other agent of Lessor and any other person or entity designated by Lessor as additional insureds and loss payees shall be furnished to Lessor prior to the Delivery Date, and annually thereafter and/or as reasonably requested by Lessor from time to time. In the event of default, Lessee hereby appoints Lessor, Servicer and any other agent of Lessor as Lessee's attorney-in-fact to receive payment of, to endorse all checks and other documents and to take any other actions necessary to pursue insurance claims and recover payments if Lessee fails to do so. Any expense of Lessor, Servicer or any other agent of Lessor In adjusting or collecting insurance shall be borne by Lessee.

Lessee, its drivers, servants and agents agree to cooperate fully with Lessor, Servicer, any other agent of Lessor and any insurance carriers in the Investigation, defense and prosecution of all claims or suits arising from the use or operation of any Vehicle. If any claim Is made or action commenced for death, personal injury or property damage resulting from the ownership, maintenance, use or operation of any Vehicle, Lessee will promptly notify Lessor of such action or claim and forward to Lessor a copy of every demand, notice, summons or other process received in connection with such claim or action.

(b) Notwithstanding the provisions of Section 11(a) above: (i) if Section 4 of a Schedule includes a charge for physical damage waiver, Lessor agrees that (A) Lessee will not be required to obtain or maintain the minimum physical damage insurance (collision and comprehensive) required under Section 11(a) for the Vehicle(s) covered by such Schedule and (B) Lessor will assume the risk of physical damage (collision and comprehensive) to the Vehicle(s) covered by such Schedule; provided, however, that such physical damage waiver shall not apply to, and Lessee shall be and remain liable and responsible for, damage to a covered Vehicle caused by wear and tear or mechanical breakdown or failure, damage to or loss of any pads, accessories or components added to a covered Vehicle by Lessee without the prior written consent of Lessor and/or damage to or loss of any property and/or personal effects contained in a covered Vehicle. In the event of a Casualty Occurrence to a covered Vehicle, Lessor may, at Its option, replace, rather than repair, the damaged Vehicle with an equivalent vehicle, which replacement vehicle will then constitute the "Vehicle" for purposes of this Agreement; and (1i) If Section 4 of a Schedule includes a charge for commercial automobile liability enrollment, Lessor agrees that it will, at its expense, obtain for and on behalf of Lessee, by adding Lessee as an additional insured under a commercial automobile liability insurance policy issued by an insurance company selected by Lessor, commercial automobile liability insurance satisfying the minimum commercial automobile liability insurance required under Section 11(a) for the Vehicle(s) covered by such Schedule. Lessor may at any time during the applicable Term terminate said obligation to provide physical damage waiver and/or commercial automobile liability enrollment and cancel such physical damage waiver and/or commercial automobile liability enrollment upon giving Lessee at least ten (10) days prior written notice. Upon such cancellation, insurance in the minimum amounts as set forth in 11(a) shall be obtained and maintained by Lessee at Lessee's expense. An adjustment will be made In monthly rental charges payable by Lessee to reflect any such change and Lessee agrees to furnish Lessor with satisfactory proof of insurance coverage within ten (10) days after mailing of the notice. In addition, Lessor may •change the rates charged by Lessor under this Section 11(0 for physical damage waiver and/or commercial automobile liability enrollment upon giving Lessee at least thirty (30) days prior written notice.

12. INDEMNITY: To the extent permitted by state law, Lessee agrees to defend and indemnify Lessor, Servicer, any other agent of Lessor and their respective successors and assigns from and against any and all losses, damages, liabilities, suits, claims, demands, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) which Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns may incur by reason of Lessee's breach or violation of, or failure to observe or perform, any term, provision or covenant of this Agreement, or as a result of any loss, damage, theft or destruction of any Vehicle or related to or arising out of or in connection with the use, operation or condition of any Vehicle. The provisions of this Section 12 shall survive any expiration or termination of this Agreement. Nothing herein shall be deemed to affect the rights, privileges, and immunities of Lessee and the foregoing indemnity provision is not intended to be a waiver of any sovereign immunity afforded to Lessee pursuant to the law.

13. INSPECTION OF VEHICLES; ODOMETER DISCLOSURE; FINANCIAL STATEMENTS: Lessee agrees to accomplish, at its expense, all inspections of the Vehicles required by any governmental authority during the Term. Lessor, Servicer, any other agent of Lessor and any of their respective successors or assigns will have the right to inspect any Vehicle at any reasonable time(s) during the Term and for this purpose to enter into or upon any building or place where any Vehicle Is located. Lessee agrees to comply with all odometer disclosure laws, rules and regulations and to provide such written and signed disclosure information on such forms and in such manner as directed by Lessor. Providing false Information or failure to complete the odometer disclosure form as required by law may result in fines and/or imprisonment. Lessee hereby agrees to promptly deliver to Lessor such financial statements and other financial information regarding Lessee as Lessor may from time to time reasonably request.

14. DEFAULT; REMEDIES: The following shall constitute events of default ("Events of Default') by Lessee under this Agreement: (a) if Lessee fails to pay when due any rent or other amount due under this Agreement and any such failure shall remain unremecfled for ten (10) days; (b) if Lessee fails to perform, keep or observe any term, provision or covenant contained in Section '11 of this Agreement; (c) if Lessee fails to perform, keep or observe any other term, provision or covenant contained in this Agreement and any such failure shall remain unremedied for thirty (30) days after written notice thereof Is given by Lessor, Servicer or any other agent of Lessor to Lessee; (d) any seizure or confiscation of any Vehicle or any other act (other than a Casualty Occurrence) otherwise rendering any Vehicle unsuitable for use (as determined by Lessor); (e) if any present or future guaranty in favor of Lessor of all or any portion of the obligations of Lessee under this Agreement shall at any time for any reason cease to be in full force and effect or shall be declared to be null and void by a court of competent jurisdiction, or if the validity or enforceability of any such guaranty shall be contested or denied by any guarantor, or If any guarantor shall deny that it, he or she has any further liability or obligation under any such guaranty or if any guarantor shall fail to comply with or observe any of the terms, provisions or conditions contained in any such guaranty; (f) the occurrence of a material adverse change In the financial condition or business of Lessee or any guarantor; or (g) if Lessee or any guarantor is in default under or fails to comply with any other present or future agreement with or in favor of Lessor, The Crawford Group, Inc. or any direct or indirect subsidiary of The Crawford Group, Inc.. For purposes of this Section 14, the term "guarantor' shall mean any present or future guarantor of all or any portion of the obligations of Lessee under this Agreement.

Upon the occurrence of any Event of Default, Lessor, without notice to Lessee, will have the right to exercise concurrently or separately (and without any election of remedies being deemed made), the following remedies: (a) Lessor may demand and receive immediate possession of any or all of the Vehicles from Lessee, without releasing Lessee from its obligations under this Agreement; if Lessee fails to surrender possession of the Vehicles to Lessor on default (or termination or expiration of the Term), Lessor, Servicer, any other agent of Lessor and any of Lessor's independent contractors shall have the right to enter upon any premises where the Vehicles may be located and to remove and repossess the Vehicles; (b) Lessor may enforce performance by Lessee of its obligations under this Agreement; (c) Lessor may recover damages and expenses sustained by Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns by reason of Lessee's default including, to the extent permitted by applicable law, all costs and expenses, including court costs and reasonable attorneys' fees and expenses, incurred by Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns in attempting or effecting enforcement of Lessor's rights under this Agreement (whether or not litigation is commenced) and/or in connection with bankruptcy or insolvency proceedings; (d) upon written notice to Lessee, Lessor may terminate Lessee's rights

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CC XI A 6

"DgAFT under this Agreement; (e) with respect to each Vehicle, Lessor may recover from Lessee all amounts owed by Lessee under Sections 3(b) and 3(c) of • this Agreement (and, if Lessor does not recover possession of a Vehicle, (i) the estimated wholesale value of such Vehicle for purposes of Section 3(c) shall be deemed to be $0.00 and (ii) the calculations described in the first two sentences of Section 3(c) shall be made without giving effect to clause (ii) In each such sentence); and/or (f) Lessor may exercise any other right or remedy which may be available to Lessor under the Uniform Commercial Code, any other applicable law or in equity. A termination of this Agreement shall occur only upon written notice by Lessor to Lessee. Any termination shall not affect Lessee's obligation to pay all amounts due for periods prior to the effective date of such termination or Lessee's obligation to pay any indemnities under this Agreement. All remedies of Lessor under this Agreement or at law or in equity are cumulative.

15. ASSIGNMENTS: Lessor may from time to time assign, pledge or transfer this Agreement and/or any or all of its rights and obligations under this Agreement to any person or entity. Lessee agrees, upon notice of any such assignment, pledge or transfer of any amounts due or to become due to Lessor under this Agreement to pay all such amounts to such assignee, pledgee or transferee. Any such assignee, pledgee or transferee of any rights or obligations of Lessor under this Agreement will have all of the rights and obligations that have been assigned to it. Lessee's rights and Interest in and to the Vehicles are and will continue at all times to be subject and subordinate in all respects to any assignment, pledge or transfer now or hereafter executed by Lessor with or in favor of any such assignee, pledgee or transferee, provided that Lessee shall have the right of quiet enjoyment of the Vehicles so long as no Event of Default under this Agreement has occurred and is continuing. Lessee acknowledges and agrees that the rights of any assignee, pledgee or transferee in and to any amounts payable by the Lessee under any provisions of this Agreement shall be absolute and unconditional and shall not be subject to any abatement whatsoever, or to any defense, setoff, counterclaim or recoupment whatsoever, whether by reason of any damage to or loss or destruction of any Vehicle or by reason of any defect in or failure of title of the Lessor or interruption from whatsoever cause in the use, operation or possession of any Vehicle, or by reason of any indebtedness or liability howsoever and whenever arising of the Lessor or any of Its affiliates to the Lessee or to any other person or entity, or for any other reason.

Without the prior written consent of Lessor, Lessee may not assign, sublease, transfer or pledge this Agreement, any Vehicle, or any Interest in this Agreement or in and to any Vehicle, or permit its rights under this Agreement or any Vehicle to be subject to any lien, charge or encumbrance. Lessee's interest in this Agreement is not assignable and cannot be assigned or transferred by operation of law. Lessee will not transfer or relinquish possession of any Vehicle (except for the sole purpose of repair or service of such Vehicle) without the prior written consent of Lessor. 16. MISCELLANEOUS: This Agreement contains the entire understanding of the parties. This Agreement may only be amended or modified by an instrument in writing executed by both parties. Lessor shall not by any act, delay, omission or otherwise be deemed to have waived any of its rights or

• remedies under this Agreement and no waiver whatsoever shall be valid unless in writing and signed by Lessor and then only to the extent therein set forth. A waiver by Lessor of any right or remedy under this Agreement on any one occasion shall not be construed as a bar to any right or remedy, which Lessor would otherwise have on any future occasion. If any term or provision of this Agreement or any application of any such term or provision is invalid or unenforceable, the remainder of this Agreement and any other application of such term or provision will not be affected thereby. Giving of all notices under this Agreement will be sufficient if mailed by certified mail to a party at its address set forth below or at such other address as such party may provide in writing from time to time. Any such notice mailed to such address will be effective one (1) day after deposit in the United States mail, duly addressed, with certified mail, postage prepaid. Lessee will promptly notify Lessor of any change in Lessee's address. This Agreement may be executed in multiple counterparts (including facsimile and pdf counterparts), but the counterpart marked "ORIGINAL" by Lessor will be the original lease for purposes of applicable law. All of the representations, warranties, covenants, agreements and obligations of each Lessee under this Agreement (if more than one) are joint and several.

17. SUCCESSORS AND ASSIGNS; GOVERNING LAW: Subject to the provisions of Section 15, this Agreement will be binding upon Lessee and Its heirs, executors, personal representatives, successors and assigns, and will inure to the benefit of Lessor, Servicer, any other agent of Lessor and their respective successors and assigns. This Agreement will be governed by and construed in accordance with the substantive laws of the State of Missouri (determined without reference to conflict of law principles).

18. NON-PETITION: Each party hereto hereby covenants and agrees that, prior to the date which is one year and one day after payment in full of all Indebtedness of Lessor, it shall not institute against, or join any other person in instituting against, Lessor any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings or other similar proceeding under the laws of the United States or any state of the United States. The provisions of this Section 18 shall survive termination of this Master Equity Lease Agreement.

19. NON-APPROPRIATION: Lessee's funding of this Agreement shall be on a Fiscal Year basis and is subject to annual appropriations. Lessor acknowledges that Lessee is a municipal corporation, is precluded by the County or State Constitution and other laws from entering Into obligations that financially bind future governing bodies, and that, therefore, nothing in this Agreement shall constitute an obligation of future legislative bodies of the County or State to appropriate funds for purposes of this Agreement. Accordingly, the parties agree that the lease terms within this Agreement or any Schedules relating hereto are contingent upon appropriation of funds. The parties further agree that should the County or State fail to appropriate such funds, the Lessor shall be paid all rentals due and owing hereunder up until the actual day of termination. In addition, Lessor reserves the right to be paid for any reasonable damages. These reasonable damages will be limited to the losses incurred by the Lessor for having to sell the vehicles on the open used car market prior to the end of the scheduled term (as determined in Section 3 and Section 14 of this Agreement).

IN WITNESS WHEREOF, Lessor and Lessee have duly executed this Master Equity Lease Agreement as of the day and year first above written.

LESSEE: City of Camarillo LESSOR: Enterprise FM Trust By: Enterprise Fleet Management, Inc., its attorney in fact

By: By: Angela Ingrum Title: Title: Regional Sales Manager

Address: 601 Carmen Drive Address: 5805 Sepulveda Blvd. Camarillo, CA 93010 Suite 710

Sherman Oaks, CA 91411

Date Signed: Date Signed

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CC XI A 7

Current Fleet 65 Fleet Growth 0.00% Proposed Fleet 65 10 yr Savings Current Cycle 8.00 Annual Miles 7,000 Proposed Cycle 4.31 $2,425,779

Current Maint. $410.00 Insurance $0.00 Proposed Maint. $33.92 Long Term Avg. Savings Fuel Info MPG 10 Price/Gallon $4.00

$289,586/yr 44.3%

10 Year Budget Forecast

700,000

600,000

500,000

40%000

13 30E9000

200,000

100,000 -

Arb ,N D AC° Acb 41,

Fiscal Year

= Purchase = Lease* = Maintenance immig Insurance = Fuel = Fleet Budget ........Current Cost

City of Camarillo - Fleet Planning Analysis

Fleet Mix _ Fleet Cost Annual Fiscal Year

Fleet Size

Annual Needs Owned_ Leased Purchase Lease* Maintenance Insurance Fuel

Fleet Budget Savings

Current '13 '14 '15 '16 '17 '18 '19 '20 '21 '22

65 8.1 65 0 65 15 50 15 65 3 47 18 65 8 39 26 65 19 20 45 65 20 0 65 65 15 0 65 65 3 0 65 65 8 0 65 65 19 0 65 65 20 0 65

151,860 0 319,800 0 182,000 0 68,418 252,492 0 175,700 0 81,926 239,082 0 174,440 0 113,049 202,997 0 171,080 0 187,358 117,554 0 163,100 0 162,101 26,458 0 154,700 0 237,386 26,458 0 154,700 0 209,502 26,458 0 154,700 0 146,221 26,458 0 154,700 0 64,329 26,458 0 154,700 0 257,139 26,458 0 154,700

653,660 496,610 495,447 487,126 468,011 343,258 418,544 390,660 327,379 245,487 438,296

0 157,050 158,213 166,534 185,648 310,401 235,116 263,000 326,281 408,173 215,363

* Lease Rates are conservative estimates

Enterprise Fleet Management 3/1/2013 Confidential

CC XI A 8

BURKE, WILLIAMS & SORENSEN, LLP

MEMORANDUM

TO: Mayor Craven and City Councilmembers

FROM: Brian A. Pierik, City Attorney FILE NO.: 00070-0001 Donald M. Davis, Assistant City Attorney Lisa S. Kurihara, Deputy City Attorney

DATE: June 12, 2013, Study Session

RE: California Homemade Food Act (AB 1616) and Cottage Food Operations

Introduction

We have been asked to provide you with an overview of the California Homemade Food Act ("AB 1616"), which went into effect on January 1, 2013. AB 1616 regulates home-based food businesses, commonly known as cottage food operations. Under AB 1616, cities and counties may "not prohibit a cottage food operation... in any residential dwellings." 1 However, AB 1616 permits local ordinances that impose "reasonable" standards, restrictions, and requirements concerning spacing and concentration, traffic control, parking, and noise control. As a result, the City of Camarillo must update its Municipal Code to allow cottage food operations within the City subject to appropriate local regulations.

Discussion

A cottage food operation is an enterprise located within a private home where cottage food products are prepared or packaged for sale to consumers. 2 Private homes include residential dwellings, apartments, or other leased spaces where an individual resides. 3 Cottage food operations may only sell "nonpotentially hazardous foods" that are approved by the California Department of Public Health. 4 Although the Department's approved cottage food list may be amended, as of June 2013, approved foods are limited to the following:

1. Baked goods, without cream, custard, or meat fillings, such as breads, biscuits, churros, cookies, pastries, and tortillas;

2. Candy, such as brittle and toffee; 3. Chocolate-covered nonperishable foods, such as nuts and dried fruits; 4. Dried fruit; 5. Dried pasta; 6. Dry baking mixes; 7. Fruit pies, fruit empanadas, and fruit tamales;

1 Cal. Gov . Code ("GC") § 51035(a). 2 Cal. Health & Safety Code ("H&S") § 113758(a). 3 H&S § 113758(b)(6). 4 H&S § 114365.5.

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Cottage Food Operations June 12, 2013 Page 2

8. Granola, cereals, and trail mixes; 9. Herb blends and dried mole paste; 10. Honey and sweet sorghum syrup; 11. Jams, jellies, preserves, and fruit butter that comply with the standard described in Part

150 of Title 21 of the Code of Federal Regulations; 12. Nut mixes and nut butters; 13. Popcorn; 14. Vinegar and mustard; 15. Roasted coffee and dried tea; 16. Waffle cones and pizelles.

In addition to the list of approved foods, AB 1616 also imposes the following requirements on cottage food operations:

1. A cottage food operation must be operated by a cottage food operator, may only have one full-time equivalent employee, not including the operator's family or household members, and must be located in the registered or permitted area of the operator's private residence. 5

2. Cottage food operations may not have gross sales greater than $35,000 in 2013, $45,000 in 2014, and $50,000 in 2015 and beyond. 6

3. Cottage food preparation, packaging, or handling may not occur in the home kitchen concurrent with other domestic activities, such as family meal preparation, dishwashing, kitchen cleaning, or guest entertainment. 7

4. There cannot be any infants, small children, or pets in the kitchen during cottage food preparation, packaging, or handling!'

5. All kitchen equipment and utensils must be clean and in good repair. 9 6. Food contact surfaces, equipment, and utensils must be washed and sanitized before

each use. 19 7. Food preparation and food and equipment storage areas must be maintained free of

rodents and insects. 11 8. Smoking is prohibited in the area where cottage food products, ingredients, and

equipment are prepared, packaged, stored or handled during preparation, packaging, storage, or handling. 12

9. Individuals with contagious illnesses may not be in the registered or permitted area of the cottage food operation. 13

5 H&S § 113758(a). 6 H&S § 113758(a). 7 H&S § 114365(a)(1)(A)(i). 8 H&S § 114365(a)(1)(A)(ii). 9 H&S § 114365(a)(1)(A)(iii). 19 H&S § 114365(a)(1)(A)(iv). 11 H&S § 114365(a)(1)(A)(v). 12 H&S § 114365(a)(1)(A)(vi).

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10. All individuals involved in cottage food preparation or packaging must wash their hands before food preparation and packaging. 14

11. All water used in the cottage food process must be potable water. 15 12. Anyone who prepares or packages cottage food products must complete a food

processor course provided by the Department of Health within three months of becoming reg istered. 16

13. A cottage food operation must label all its products in compliance with the Federal Food, Drug, and Cosmetic Act (21 U.S.0 §§ 343 and following). 17

County health departments will be responsible for ensuring compliance with these food safety standards through the registration and permitting procedures described below.

Before starting a cottage food business, operators must obtain county approval. 15 "Class A" cottage food operations are those involving only direct sales between the operator and consumer. 19 To obtain county approval for a "Class A" operation, operators must register with the county by submitting a completed self-certification checklist that verifies compliance with the state-mandated operational requirements described above. 20 As long as the operator completes the checklist, the county must issue a registration number to the establishment. "Class A" operations are not subject to initial or routine inspections, unless there is a specific consumer complaint. 21

"Class B" cottage food operations are those that involve both direct sales between the operator and the consumer, and indirect sales involving third-party retailers, such as supermarkets. 22 To gain county approval, "Class B" operations must comply with the operational requirements listed above and undergo an initial inspection by the county to verify compliance. As long as the establishment complies with the operational requirements, the county must issue a permit. Following the issuance of a permit, the county may inspect the "Class B" operation no more than once a year, unless there is a need to respond to a specific consumer complaint. 23

13 H&S § 114365.2(a). 14 H&S § 114365.2(b). 15 H&S § 114365.2(c). 16 H&S § 114365.2(d). 17 H&S § 114365.2(e). 18 H&S § 114365(a)(1)(A). 19 H&S § 113758(a)(1). 20 H&S § 114365(a)(1)(A). 21 H&S § 114365(a)(1)(C). 22 H&S § 113758(a)(2). 23 H&S § 114365(a)(2)(C).

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In terms of local zoning regulations, cities must allow cottage food operations in residential dwellings through one of the following methods: 24

1. Classify cottage food operations as a permitted use of residential property. 2. Establish a "nondiscretionary permit" for residential cottage food operations that must be

granted administratively without a hearing if the applicant "complies with local ordinances prescribing reasonable standards, restrictions, and requirements concerning spacing and concentration, traffic control, parking, and noise control." Noise standards must be consistent with local noise ordinances implementing the noise element of the general plan.

3. Establish a process for a zoning administrator to review permit applications for cottage food operations. Like option 2, the permit must be granted if the operation "complies with local ordinances, if any, prescribing reasonable standards, restrictions, and requirements concerning the following factors: spacing and concentration, traffic control, parking, and noise control relating to those homes." Applicable noise standards must be consistent with local noise ordinances implementing the noise element of the general plan. In addition, the City may charge a fee for the costs of review and permit process. The applicant may request a verification of fees and the City must provide a written breakdown within 45 days of the request. The permit application form must include a statement indicating the applicant's right to request the written fee verification.

If the City implements a permitting scheme for cottage food operations, the City must do the following upon request from an applicant: 25

1. Provide a list of permits and fees required by the City, including information about other permits that may be required by other departments in the City or by other public agencies.

2. Provide information about the anticipated length of time for reviewing and processing the permit application.

3. Provide a breakdown of any individual fees charged for the issuance of the permit. 4. If a deposit is required to cover the cost of the permit, provide information about the

estimated final cost of the permit and procedures for receiving a refund from the portion of the deposit not used.

AB 1616 provides that the establishment of a cottage food operation in a residence does not constitute a change of occupancy for purposes of either the State Housing Law or local building and fire codes. In addition, cottage food operations must be considered residences under applicable building and fire codes. 26

24 GC § 51035(a). 25 GC § 51035(b). 26 GC § 51035(c)-(d).

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Recommendation

Due to the enactment of AB 1616 and its mandate that cities must allow cottage food operations in residential dwellings, we recommend that the City amend its Municipal Code to create a procedure consistent with AB 1616 for the permitting of cottage food operations within the City. We also recommend that the City enact reasonable standards, restrictions, and requirements concerning spacing and concentration, traffic control, and noise control that are applicable to cottage food operations along the lines set forth in the draft ordinance.

Attachments

1. Proposed Ordinance — Camarillo Municipal Code Chapter 19.74 (Cottage Food Operations)

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CC XIV A 5

DRAFT

Chapter 19.74

COTTAGE FOOD OPERATIONS

19.74.010 Definitions.

For the purposes of this chapter, the following definitions apply:

"Cottage food employee" has the same meaning as set forth in California Health & Safety Code section 113758(b).

"Cottage food operation" has the same meaning as set forth in California Health & Safety Code section 113758(a).

"Cottage food products" has the same meaning as set forth in California Health & Safety Code section 113758(b).

"Permitted area" has the same meaning as "registered or permitted area" as set forth in California Health & Safety Code section 113758(b).

19.74.020 Permitted Use.

A cottage food operation is a permitted use in all residential dwellings subject to the issuance of a cottage food permit under this chapter.

19.74.020 Requirements.

A. A cottage food permit is required prior to commencing any cottage food operation in a private residential dwelling, including an apartment or other leased space. Application for a cottage food operation must be filed on an application form provided by the department.

B. All cottage food operations must comply with the requirements of the Ventura County Environmental Health Division and the California Department of Public Health. Applicants must first obtain a Cottage Food Operation Class A or Class B Permit from the County prior to submitting an application for a cottage food operation permit under this Chapter. A copy of a valid County Class A or Class B permit must be furnished with the application to the department.

C. Permitted cottage food products that may be produced at the residential dwelling as part of the cottage food operation are limited to those cottage food products listed by the California Department of Public Health.

D. Only cottage food products produced at the cottage food operation may be sold at the permitted dwelling unit.

E. Cottage food operations must comply with the restrictions on gross annual sales as set forth in Health and Safety Code section 113758, as it may be amended.

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F. Cottage food functions including storage, preparation, mixing, assembling, packaging, labeling, and/or direct sales must occur only within the permitted area.

G. Residents of the dwelling unit and a maximum of one cottage food employee, not including a family or household member, may be permitted in a cottage food operation at any one time.

H. The establishment of the cottage food operation may not change the principal residential character or use of the dwelling unit involved.

I. No exterior alterations may be made to the dwelling unit for the purposes of use by the cottage food operation that would change the residential character of the home.

J. No signs are permitted for cottage food operations, except those required by government agencies.

K. Cottage food operations may not be:

1. Located within 300 feet of the property line of any single family home where another cottage food operation is located; or

2. Located within the same building of an apartment complex or other multi-family housing development (i.e. condominiums or townhomes) where another cottage food operation exists.

L. Visitation and deliveries incidental to the cottage food operation are limited to the hours of seven a.m. to seven p.m., Monday through Saturday, and are not permitted on Sundays or holidays.

M. The cottage food operation must comply with all applicable inspection requirements.

N. Cottage food operations may not create noise levels in excess of those allowed by this code in the applicable zone in which the dwelling unit is located.

0. Cottage food operations are subject to all residential zoning requirements set forth in this code, so long as such zoning requirements are not in conflict with the provisions of this chapter. Cottage food operations may not engage in activity that would result in a violation of this code or any local, state or federal law or regulation.

P. In addition to a cottage food operation permit, cottage food operations must obtain all applicable permits, licenses, and certificates required for operation of a business under this code.

Q. Additional conditions relating to spacing and concentration, traffic control, parking, and noise control may be imposed as deemed necessary by the director.

19.74.030 Parking.

A. No vehicles, trailers (including pick-up trucks and vans) or other equipment, except those normally incident to the residential use, may be kept on the site or in the near

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vicinity in a manner that obstructs the free flow of traffic, or violates the provisions of this code applicable to parking in residential zones, including but not limited to the provisions of Chapter 11.20 and Chapter 19.44.

B. For single family homes, parking spaces in the property's garage or carport (if present) and driveway must be available for the actual parking demand created by the use, including parking spaces for the applicant's and applicant's family members' vehicles, and a parking space for an employee if an employee is present. Parking spaces must comply with the size requirements listed in Chapter 19.44 of this code.

C. For multi-family developments, the cottage food operator's designated space(s) must be available for the actual parking demand created by the use, including parking spaces for the applicant's and applicant's family members' vehicles, and a parking space for an employee if an employee is present. On-site parking in an apartment complex or other multi-family residence requires written consent from the property owner, landlord, homeowners association or property manager.

D. All applicants must demonstrate reasonable on-street parking within a 300 foot radius of the residential dwelling. On-street parking spaces may be used for persons picking-up and/or delivering materials for the operation, third party retailers, and customers if direct sales on the property are proposed.

19.74.040 Issuance of permit.

Upon filing an application form with the department, the director will conduct or cause to be conducted an inspection of the premise for which the application was filed and will provide written notice either denying or issuing the permit. A cottage food operation permit may be issued if the director finds that such use complies with all requirements as set forth in this chapter.

19.74.050 Revocation of permit.

A cottage food operation permit issued in accordance with the provisions of this chapter may be revoked if the director finds that any of the following conditions exist:

A. That any condition of the cottage food operation permit or provision of this chapter has been violated.

B. That the cottage food operation has become detrimental to the public health or safety, or constitutes a nuisance as designated in Chapter 9.12 of this Code.

C. That the permit was obtained in a fraudulent manner.

D. That the cottage food operation has not maintained a current business tax certificate.

E. That the cottage food operation no longer maintains a valid Class A or Class B Permit from the Ventura County Environmental Health Division.

F. That complaints received by persons affected by the operation of a cottage food occupation permit have been substantiated by the department.

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19.74.060 Permit nontransferable.

A cottage food operation permit issued in accordance with the provisions of this chapter may not be transferred, assigned or used by any person other than the permittee, used at any location other than the one for which the permit is granted, or used for any other type of food sales or distribution activity than the type for which the permit is granted.

19.74.070 Fees required.

The city has established by resolution a fee necessary to cover the cost of processing cottage food operation applications.

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CC XIV A 9


Date: June 12, 2013


From: Bruce Feng, City Manager.


Subject: Resolution Declaring the results of the Property Owner Assessment Ballot Proceeding to form Adolfo Glen ll Landscape Maintenance District and to concurrently detach from Zone 9 of the City's Landscape Maintenance District and Potential Adjustments for Camarillo Landscape Maintenance District Zone 9

SUMMARY

This item is to determine the results of the property owner assessment ballot proceeding for the formation of a new landscape maintenance district. Depending on the results of the proceedings, adjustments to Zone 9 could occur.

There are several parcels that were not originally included in the Zone 9 Landscape Maintenance District. The City has conducted an assessment ballot proceeding to form a new district, Adolfo Glen ll Landscape Maintenance District. The new district would include the parcels in existing Zone 9 and approximately 60 additional parcels. If the new district is formed, there will be a concurrent detachment of Zone 9 from the City's Landscape Maintenance District.

DISCUSSION

There are approximately 90 parcels in Zone 9 that currently pay an assessment for landscape maintenance. There are approximately 60 additional parcels that receive a special benefit from the landscaping surrounding their neighborhood that were inadvertently not included in the Landscape Zone 9. In order to form a new district and include these parcels into the newly created District, a ballot proceeding must occur as required by Proposition 218.

Ballots were mailed to both the property owners in Zone 9 and the additional currently adjacent to Zone 9. They were given 45 days to cast their ballot. Information explaining the process was mailed to the property owners. In addition, a neighborhood meeting was conducted to answer any questions the property owners may have.

CC XVIII A 1

Camarillo Landscape Maintenance District Zones 5, 6 & 9 Results Resolutions June 12, 2013 Page 2 of 2

Ballot Process

Ballots related to the proposed new District were mailed out in April and a new Engineer's Report identifying and describing the affected parcels and proposed assessments has been completed and a Final Report has been prepared.

Sequence of events for Public Hearing: • Open Public Hearing • Council takes any public testimony • Council may direct staff to respond to questions/answers • Mayor will make a final call for ballots (replacements ballots will be available at this

time) • Mayor to close Public Hearing and direct staff or designee to open and tabulate the

ballots • Once tabulated, staff or designee will return and provide results to City Clerk • City Clerk will present results to Council • Council will adopt resolution declaring the results of the proceeding

If the ballot fails, no further action is necessary by Council.

If the ballot passes, City Council may confirm the Engineer's Report (as submitted), order the formation of a new District and levy an assessment for all affected parcels for Fiscal Year 2013/14.

BUDGET IMPACT

None. This item does not require an expenditure of funds; however additional revenue may be received based on the outcome of the balloting process.

SUGGESTED ACTION

1) A motion to adopt the Resolution in the packet declaring the results of the Property Owner Protest Ballot Proceedings; and

2) If Protest Ballot Proceedings are successful for Zone 9, a motion to adopt a Resolution confirming the new Engineer's Report regarding formation of new District and levy an assessment for said District

ATTACHMENTS

Engineer's Report Location Map Resolutions (2)

Finance Review: DW

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By:

Richard Kopecky R. C. E. # 16742

Stacee Reynolds Project Manager, District Administration Services

AFFIDAVIT FOR THE ENGINEER'S ANNUAL LEVY REPORT

CAMARILLO LANDSCAPE MAINTENANCE DISTRICT

This Report describes the District and relevant zones therein including the improvements, budgets, parcels and assessments to be levied for fiscal year 201 3/2014, as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Ventura County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council.

Dated this day of / ( , 2013.

Willdan Financial Services Assessment Engineer On Behalf of the City of Camarillo

CC XVIII A 4

AGENCY: CITY OF CAMARILLO DEPARTMENT OF PUBLIC WORKS MAINTENANCE DIVISION

PROJECT: CITY OF CAMARILLO LANDSCAPE MAINTENANCE DISTRICT

TO: CITY COUNCIL CITY OF CAMARILLO STATE OF CALIFORNIA

REPORT PURSUANT TO "LANDSCAPING AND LIGHTING ACT OF 1972"

Pursuant to direction from the City Council, submitted herewith is the annual "Report" for Landscaping Maintenance District, pursuant to the provisions of Part 2, Division 15, of the Streets and Highways Code of the State of California, being the "Landscaping and Lighting Act of 1972" as amended, commencing with Section 22500. This Report is applicable for the ensuing 12-month period, fiscal year 2013/2014, commencing July 1, 2013 and ending June 30, 2014. This Report includes a description of the works and improvements to be provided, an estimate of the annual budgets and assessments necessary to provide the related improvements and services for the fiscal year.

Executed this day of , 2013.

PUBLIC WORKS DIRECTOR CITY OF CAMARILLO STATE OF CALIFORNIA

A copy of this Report was filed in the Office of the City Clerk of the City of Camarillo on the day of , 2013 as required by the Landscaping and Lighting Act of 1972, and first presented to the City Council on the day of

, 2013, for their review and consideration.

CITY CLERK CITY OF CAMARILLO STATE OF CALIFORNIA

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WILEDAN TABLE OF CONTENTS Firiandal Services I

L OVERVIEW 1

A. INTRODUCTION 1 B. COMPLIANCE WITH CURRENT LEGISLATION 2

IL DESCRIPTION OF THE DISTRICT 3

A. GENERAL DESCRIPTION OF THE DISTRICT AND SERVICES 3 B. CAPITAL IMPROVEMENT PROJECTS 5 C. ZONES AND AREAS OF IMPROVEMENT 5

III. METHOD OF APPORTIONMENT 7

A. GENERAL 7 B. BENEFIT ANALYSIS 7 C. ASSESSMENT METHODOLOGY 9 D. ASSESSMENT RANGE FORMULA 15

IV. DISTRICT BUDGETS 16

APPENDIX A - DISTRICT BOUNDARY MAPS 17

APPENDIX B - 2013/2014 COLLECTION ROLL 18

CC XVIII A 6

WW1LLDAN I Anemia' Services.

I. OVERVIEW

A. INTRODUCTION

The City of Camarillo (hereafter referred to as the "City") annually levies and collects special assessments in order to maintain the improvements within the Camarillo Landscape Maintenance District (hereafter referred to as the "District"). The formation of the District and all subsequent annexations have been made pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (hereafter referred to as the "1972 Act").

This Engineer's Annual Levy Report (hereafter referred to as the "Report") describes the District for fiscal year 2013/2014, including any annexations; changes to the benefit zones or establishments of new zones; modifications or changes to the improvements to be provided; and the proposed assessments for the fiscal year. The maintenance, operation and servicing of the improvements associated with specific areas of the District that provide a special benefit to the properties in that area are identified as benefit zones. The District currently consists of a City Wide Zone as well as ten (10) benefit zones, that are based on the types of improvements and services provided as well as the type of properties that benefit from those improvements. The improvements that benefit properties within each benefit zone (hereafter referred to as "Zone" or "Zones") and the costs of those improvements and services are identified and budgeted separately for each Zone.

The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessment Number by the Assessor's Office for Ventura County (hereafter referred to as "County"). The County Auditor/Controller uses Assessment Numbers and specific Fund Numbers to identify properties assessed for special district benefit assessments on the tax roll.

At a noticed annual Public Hearing, the City Council will consider all public comments and written protests regarding the District. The City Council will review the Report and may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report the City Council may by resolution confirm the levy and collection of assessments pursuant to the 1972 Act. The assessment rates and method of apportionment described in this Report (as approved or modified by the City Council) defines the assessments to be applied to each parcel within the District and respective Zones for fiscal year 2013/2014. Upon approval, the assessments will be submitted to the County Auditor/Controller to be included on the property tax roll for each parcel for the fiscal year.

2013/2014 Landscape Maintenance District Page 1 of 18

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B. COMPLIANCE WITH CURRENT LEGISLATION

The District and Zones therein have been formed or annexed to the District pursuant to the 1972 Act. This District and the special benefit assessments provide for the annual installation and planting of landscaping and the maintenance and servicing of the landscape improvements. The City Council annually conducts a public hearing to accept property owner and public comments and testimony, confirm the Report and approve the annual assessments to be levied on the County tax roll for the fiscal year. The assessments and method of apportionment described in the Report utilizes commonly accepted engineering practices and have been established pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the "1972 Act") and the provisions of the California Constitution Article XIIID (Proposition 218).

On the 26th day of June 1991, the City Council of the City of Camarillo annexed all the property within the boundaries of the City of Camarillo, as these boundaries existed on June 1, 1991 into the Camarillo Landscape Maintenance District — "Citywide District". The District at this time was formed with four (4) zones with the remaining zones being annexed as follows: Zone 5 was added in July of 1992; Zone 6 was added in June of 1993; Zone 7 was added in June of 1996; Zone 8 was added in October of 1996; Zone 9 was added in May of 1998; and Zone 10 was added in April of 2000.

The District's zones up to and including Zone 8, were formed prior to the passage of Proposition 218. On November 5, 1996, California voters approved Proposition 218. The provisions of Proposition 218 are now contained in the California Constitutional Articles XIIIC and XIIID.

Pursuant to Article XIIID Section 5, certain existing assessments (those that existed on or before November 6, 1996) are exempt from the substantive and procedural requirements of Article XIIID Section 4 and property owner balloting for the existing assessments is not required until such time that such assessments are increased. Specifically under Article XIIID Section 5(a) districts formed for the maintenance of streets sidewalks, sewers, water, flood control, drainage systems or vector control as well as under Article XIIID Section 5(b) districts that were approved pursuant to a petition signed by the property owners of record for all parcels subject to the assessment at the time the assessment is imposed, the existing assessment amounts within Zones 2 through 8 are exempt from the substantive and procedural requirements of Article XIIID Section 4 until such time as they are to be increased.

Zone 1 or the Citywide District may require ballots approved by the property owners under Article XIIID before they could be assessed.

In fiscal year 1997/98, the City initiated and conducted property owner protest ballot proceedings for Zone 9 assessments in compliance with the substantive


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and procedural requirements of Article XIIID. At the conclusion of the Public Hearing on May 27, 1998, returned property owner ballots were tabulated indicating that majority protest did not exist. As such, the property owners approved the maximum assessments identified in this report for maintaining the improvements within Zone 9.

In fiscal year 1999/00, the City initiated and conducted property owner protest ballot proceedings for Zone 10 assessments in compliance with the substantive and procedural requirements of Article XIIID. At the conclusion of the Public Hearing on April 26, 2000, returned property owner ballots were tabulated indicating that majority protest did not exist. As such, the property owners approved the maximum assessments identified in this report for maintaining the improvements within Zone 10.

In fiscal year 2011/12, The City initiated and conducted property owner protest ballot proceedings for the annexation of territory to Zone 5 and Zone 9 as well as proposing new or increased assessments for Zone 6 and Zone 9. Once tabulated, the ballots indicated a majority protest for Zones 6 and 9. There was no majority protest for annexation of territory in Zone 5. The parcels within Tract 4212-2 and Tract 4277 were annexed into the Zone.

At a public hearing on June 12, 2013, property owners within Zone 9 as well as sixty-one neighboring parcels will have the opportunity to vote on detaching Zone 9 from the District and forming a new Zone, Adolfo Glen II. The new Zone will be formed by the existing ninety-one parcels as well as the sixty-one neighboring parcels who also receive special benefit from the District. If no majority protest exists, the new Zone, Adolfo Glen II, will replace the existing Zone 9. However, if majority protest does exist, Zone 9 will remain in the District and be assessed as detailed in this report.

The proposed assessment rates outlined in this report for fiscal year 2013/2014 are less than or equal to the maximum assessment rate previously approved for each of the various Zones within the District. As such, property owner ballot proceedings are not required for this year's levy and the City Council may approve and adopt the assessments so described. All subsequent new or increased assessments shall be subject to the provisions of Article XIIID Section 4.

IL DESCRIPTION OF THE DISTRICT

A. GENERAL DESCRIPTION OF THE DISTRICT AND SERVICES

This Report covers the period of July 1, 2013 through June 30, 2014. A Report is prepared each fiscal year to reflect updated annual costs, proposed new improvements, annexations, parcel changes and the proposed assessments for the fiscal year.


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The improvements to be serviced and maintained in this District include public landscaped areas. The District provides and ensures the continued maintenance and operation of landscaping, and related services associated with these improvements. Improvements within the District generally include:

• Landscape improvements located within designated medians, parkways, entryways and open space areas associated with each zone and the parcels therein. The landscape improvements may include, but are not limited to street trees, turf, ground cover, shrubs, irrigation and drainage systems, block walls or other fencing, and related appurtenances. The maintenance of these improvements shall include, but is not limited to the installation or planting of landscaping, repair or replacement of irrigation or drainage systems, repair or replacement of hardscape improvements damaged by landscaping, regularly scheduled mowing, trimming, pruning, fertilization, pest control, weed abatement or related services as well as incidental expenses necessary for the operation and administration of these improvements. The City Engineer or the City Public Works Superintendent shall authorize such maintenance and servicing.

• Graffiti abatement on fences, walls and other facilities within the district.

In addition to the maintenance and servicing of improvements the District funds a capital improvement project geared towards upgrading certain improvements within the District with a useful life of five (5) years or more. These improvements include but are not limited to the following:

• Irrigation upgrades • Shrub renovation • Soil amendments • Tree installation

The annual assessments described in this Report in part or in whole fund the utilities, operations, administration and maintenance of the improvements. Parcels that benefit from the improvements within each zone, share in the cost of the services and improvements associated with that zone. The costs set forth in this Report are based upon the City's estimate of the expenses related to the operation and maintenance of the District improvements including labor, personnel, equipment, materials and administrative expenses. Each parcel within a zone is assessed proportionately for only those improvements and services associated with the properties within that zone. The budgets and annual assessments are based on the City's estimated cost to maintain the improvements that provide a direct and special benefit to properties within the District and the specific zones.


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B. CAPITAL IMPROVEMENT PROJECTS

A separate Capital Improvement Project (CIP) reserve fund has been established within each of the zones of the District to fund project costs that are greater than can be conveniently raised from a single annual assessment. Pursuant to Section 22660 of the 1972 Act, these costs are being raised by an assessment levied over a period not to exceed five fiscal years. These projects include but are not limited to irrigation upgrades, shrub renovation, soil amendments and tree installation.

C. ZONES AND AREAS OF IMPROVEMENT

The following table lists the assessed zones within the District along with the number of assessable parcels within each zone.

eve o

A general description of the improvements within each zone of the District are described below. The specific improvement plans and specifications are on file in the office of the City Engineer and, by reference, are incorporated into this Report.

City Wide:

The properties within the original City Wide District are identified as the residential and commercial developments within the city boundary that benefit from city wide landscape improvements, street lighting improvements, traffic signals and graffiti removal. These improvements are in addition to the zone specific improvements.

Zone 1:

Zone 1 is the City's first Maintenance District and was originally formed as a tax district and property taxes are still collected and allocated to this zone. The


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benefit district MD-IA-1 was created on July 26, 1978 and Tract No. 4444 was annexed to Zone 1 in July 1991. There has not been a benefit levy in Zone 1 for quite a few years. Proposition 218 could require a vote of the property owners to levy any assessments.

Zone 2 — Wittenberg:

Originally formed as District MD-2A, at the request of the developer, this zone is identified as the Wittenberg Tract. Properties within this zone benefit from the landscape and maintenance of the streets and sidewalks within the tract.

Zone 3 — Armitos Basins:

Originally created as annexation No. 1 to Landscape Maintenance District No. MD-IA-1, Zone 3 consists of all of Tract 4296. Properties within this Zone benefit from the maintenance of the open space within the tract consisting of a debris and storm water detention basin.

Zone 4— M.O. Industrial:

Zone 4 was originally known as Zone A of Landscape Maintenance District MD-I-Al . Properties within this Zone benefit from the maintenance of the landscape improvements within the industrial park and the abutting streets.

Zone 5 —Presley:

Zone 5 consists of Tract 4212, 4212-2, 4277 and RPD 87. Improvements within this Zone, include, but are not limited to the maintenance of the open space area associated with the debris and storm water detention basin associated with the residential developments within the boundaries of the Zone. This Zone does not currently maintain any specific street landscape areas.

Zone 6 —Spanish Hills:

Zone 6 consists of Tract 4227. Improvements within this Zone, include, but are not limited to the maintenance of the landscape areas within the boundaries of the Zone located on those streets in and abutting the Spanish Hills development. The landscaping maintenance area generally includes improvements on Ponderosa Drive on the North and South sides, East of Central Avenue; and the East and West sides of Avenida de Aprisa to the tract boundary, in addition to drainage improvements (i.e., catch basin inspection and cleaning) within the tract boundary.

Zone 7 —Sares-Regis:

Zone 7 consists of all of Tract 4995, formerly known as Tract 4859. Properties within this Zone benefit from the maintenance of the open space within the Tract consisting of a detention area and ditch system.


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Zone 8 —Vista Las Posas:

Zone 8 consists of all phases of Tract 4645. Properties within this Zone benefit from the maintenance of street landscaping within and abutting the Tract and an open space consisting of a retention basin.

Zone 9 —Adolfo Glen II:

Zone 9 consists of all of Tract 4981. Landscaping improvements within this Zone include maintenance of drainage improvements (i.e., catch basin inspection and cleaning) within the tracts boundaries. The landscaping maintenance area generally includes improvements on the following streets: Adolfo Road on the South side, between Rancho Calleguas Drive and Mission Oaks Blvd.; Mission Oaks Blvd. on the North side, between Adolfo Road and Rancho Calleguas Drive; and Rancho Calleguas Drive on the East side, between Adolfo Road and Mission Oaks Blvd

Zone 10 —Adolfo Glen III:

Zone 10 consists of all of Tract 5022. Properties within this Zone benefit from the maintenance of street and open space landscaping within and abutting the tract.

III. METHOD OF APPORTIONMENT

A. GENERAL

Pursuant to Section 22573 of the 1972 Act, the costs of the District may be apportioned by any formula or method, which fairly distributes the net amount to be assessed among assessable parcels in proportion to the estimated benefits to be received by each such parcel from the improvements. The formula used for calculating special benefits within the District reflects the composition of the parcels and the improvements and services provided to fairly apportion the costs based on the estimated special benefit to each parcel. The Agency is required to identify parcels which have a special benefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit to each parcel shall be determined in relationship to the entirety of the improvements provided and the revenues and expenses related thereto.

B. BENEFIT ANALYSIS

The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include but are not limited to the construction, maintenance, operation, and servicing of landscaping improvements and appurtenant facilities within public easements or right-of-ways.

The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value:


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"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements."

In conjunction with the provisions of the 1972 Act, the California Constitution Article XIIID addresses several key criteria for the levy of assessments, notably:

Article XIIID Section 2d defines District as:

"District means an area determined by an agency to contain all parcels which will receive a special benefit from a proposed public improvement or property-related service";

Article XII1D Section 21 defines Special Benefit as:

"Special benefit" means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute "special benefit."

Article XIIID Section 4a defines proportional special benefit assessments as:

"An agency which proposes to levy an assessment shall identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel."

The method of apportionment (method of assessment) established herein is based on the premise that each assessed property receives special benefits from local landscaping improvements and services that are funded by such assessments, and the assessment obligation for each parcel reflects that parcel's proportional special benefits as compared to other properties that receive special benefits as outlined in the preceding definitions established in the 1972 Act and the California Constitution.

To identify and determine the proportional special benefit to each parcel within the District, it is necessary to consider the scope of the improvements and services provided as well as the properties that benefit from those improvements. The improvements and the associated costs described in this Report, have been carefully reviewed and have been identified and allocated based on a benefit rationale and calculations that proportionally distributes the net cost of only those improvements determined to be of special benefit to properties within the District.


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Local Landscaping Benefits

The special benefits associated with the local landscaping improvements are specifically:

• Enhanced desirability of properties through association with the improvements.

• Improved aesthetic appeal of properties within the zones providing a positive representation of the area.

• Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping.

• Environmental enhancement through improved erosion resistance and dust and debris control.

• Increased sense of pride in ownership of property within the District resulting from well-maintained improvements associated with the properties.

• Reduced criminal activity and property-related crimes (especially vandalism) against properties in the District through well-maintained surroundings and amenities including abatement of graffiti.

• Enhanced environmental quality of the parcels within the zones by moderating temperatures, providing oxygenation and attenuating noise.

C. ASSESSMENT METHODOLOGY

To assess benefits equitably, it is necessary to relate the different type of parcel improvements to each other. The Equivalent Benefit Unit method of apportionment uses the single-family home as the basic unit of assessment. A single-family residential property equals one Equivalent Benefit Unit ("EBU"). Every other land-use is converted to EBU's based on an assessment formula that equates the property's specific development status, type of development (land-use), and size of the property, as compared to a single-family residential property ("S FR").

To proportionately and equitably spread the cost of improvements a correlation between the improvements and the various parcels that benefit from those improvements must be established based on property development (actual or proposed land use). Each parcel is assigned a weighting factor known as an Equivalent Benefit Unit (EBU) that correlates each parcel's specific land use, size and development or development potential to other parcels that benefit from the same improvements.

The costs associated with the improvements are fairly distributed among the parcels based upon the special benefit received by each parcel. Additionally, in compliance with Article XIIID Section 4, each parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred to that


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parcel. The benefit formula used to determine the assessment obligation is therefore based upon both the improvements that benefit the parcels within the District as well as the proposed land use of each property as compared to other parcels that benefit from those improvements. To establish a fair and equitable method of apportionment, zones of benefit have been established within the District. These zones of benefit identify specific improvements and the parcels that benefit from those improvements.

Assessment Methodology for Citywide Zone

The basic Citywide assessment levy is to provide maintenance of citywide lighting, citywide landscaping, traffic signals and graffiti removal. All this work is in addition to the maintenance work within the various zones. The land use types and corresponding EBU applied to parcels within the Citywide Zone include the following:

The benefit formula and assessment calculation applied to parcels within the Citywide Zone is based on the parcel's special benefit received as compared to other parcels benefiting from the improvements.

The net annual cost of the improvements within the Zone are proportionately and equitably spread to each parcel within the sub-zone based on the parcel's proportional benefit as outlined in the previous land use classifications. The cost of the improvements and the annual assessment for each sub-zone are calculated independently and reflect the proportional benefits each parcel receives from District improvements.

The following formulas are generally used to calculate each parcel's proportional benefit and assessment within the Zone.

Balance to Levy (for Zone) _ Levy Amount per Benefit Unit Number of Parcels in Zone (EBU) (Assessment Rate)

Assessment Rate x Parcel's EBU = Parcel's Assessment Amount

No assessment is being proposed for the Citywide Zone for fiscal year 2013/2014.


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Assessment Methodology for Zone 1 The land use types and corresponding EBU applied to parcels within Zone 1 include the following:

No assessment is being proposed for Zone 1 for fiscal year 2013/2014.

Assessment Methodology for Zone 2 Zone 2 has been established within the District to specifically address the improvements that benefit Tract 2887. The entrance landscaping within the median islands and the landscaping along Pleasant Valley Road benefit each parcel within the tract equally.

The formula used to calculate each parcel's proportional benefit and assessment in Zone 2 was changed in Fiscal Year 1995/1996 to the following:

Previous Year January CPI $70.00 = Parcel's Assessment Amount

January 1995 CPI

CPI = Los Angeles Area Consumer Price Index January 1995 CPI = 154.3

Cost of Maintenance Budget + Carry Over Expense from Previous Year = Parcel's Assessment Amount

331

The lesser amount of the two formulas is the parcel assessment amount to be used.


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Assessment Methodology for Zone 3

All parcels within Zone 3 equally benefit from the maintenance of open space landscaping improvements near or adjacent to those properties. Each parcel within this Zone shall be assigned 1.0 EBU per parcel for the upcoming fiscal year.

The formula used to calculate each parcel's proportional benefit and assessment in Zone 3 is as follows:

Balance to Levy (for Zone) Levy Amount per Benefit Unit (Assessment Rate) Total EBU in Zone



The area of benefit in Zone 4 is an industrial park. The benefit has been determined to be based upon the size of the parcel to be served. The levy is based upon a per acreage basis.

The method of assessment was changed in June of 1996 and the formula used to calculate each parcel's proportional benefit and assessment in Zone 4 is as follows:

Assessment per Acre = Prior Year Max Tax Rate * 1.03

The original assessment amount in fiscal year 1996/1997 was $220.52.

The total amount to be assessed is not to exceed the actual cost of the work.


All parcels within Zone 5 equally benefit from the maintenance of open space landscaping improvements near or adjacent to those properties. Each parcel within this Zone shall be assigned 1.0 EBU per parcel for the upcoming fiscal year.

The formula used to calculate each parcel's proportional benefit and assessment in Zone 5 is as follows:

Balance to Levy (for Zone) Levy Amount per Benefit Unit Total EBU in Zone (Assessment Rate)



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Assessment Methodology for Zone 6 Parcels within Zone 6 of the District benefit from the maintenance of street landscaping improvements within and abutting the Spanish Hills development based on the following designations:

• Each Single Family Residential parcel within this Zone shall be assigned 1.0 EBU per parcel. This land use is defined as a fully subdivided residential home site with or without a structure and the improvements and services associated with the parcel have been accepted by the City for maintenance in the fiscal year.

• Each Condominium unit within this Zone shall be assigned 0.75 EBU per unit. This land use is defined as a fully subdivided residential parcel that has condominium unit developed on the property and the improvements and services associated with the parcel have been accepted by the City for maintenance in the fiscal year.

The land use types and corresponding EBU applied to parcels within Zone 6 include the following:

The following formulas are used to calculate each parcel's proportional benefit and assessment in Zone 6:

Balance to Levy (for Zone) Total EBU in Zone

Levy Amount per Benefit Unit (Assessment Rate)


Assessment Methodology for Zone 7 All parcels within Zone 7 equally benefit from the maintenance of detention basin and drainage system. Each parcel within this Zone shall be assigned 1.0 EBU per parcel for the upcoming fiscal year.

The maintenance costs associated with the benefits within the Zone are spread equally according to the following formula:

Assessment per Unit = Prior Year Max Tax Rate * 1.03

The original assessment amount in fiscal year 199 6/1997 was $60.00.



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All parcels within Zone 8 equally benefit from the maintenance of the open space detention basin and street landscaping. Each parcel within this Zone is assigned 1.0 EBU per parcel for the upcoming fiscal year.

The maintenance costs associated with the benefits within the zone are spread equally according to the following formula:

Assessment per Parcel Prior Year Max Tax Rate * 1.03




All parcels within Zone 9 of the District equally benefit from the maintenance of drainage improvements and the maintenance of open space landscaping improvements. Each parcel within this Zone is assigned 1.0 EBU per parcel for the upcoming fiscal year.

The maintenance costs associated with these benefits are spread equally according to the following formula:

Assessment per Parcel = Prior Year Max Tax Rate * 1.03


The total amount to be assessed is not to exceed actual cost to maintain the facilities divided by the number of assessable parcel's EBU.


The parcels within Zone 10 of the District equally benefit from the street and open space landscaping within and outside of the development boundaries. Each parcel within this Zone shall be assigned 1.0 EBU per parcel for the upcoming fiscal year.

The maintenance costs associated with these benefits are spread equally according to the following formula:

Assessment per Parcel Prior Year Max Tax Rate * 1.03


The total amount to be assessed is not to exceed actual cost to maintain the facilities divided by the number of assessable parcel's EBU.


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D. ASSESSMENT RANGE FORMULA

At the time of formation, six (6) of the zones included an annual inflationary adjustment (assessment range formula). The developer/property owner within these Zones approved the initial maximum assessment and this inflationary adjustment formula to that assessment. The inflationary adjustment formula established that the maximum assessment may increase over the previous year by a percentage of three percent (3.0%) or the annual percentage increase in the Consumer Price Index (CPI), depending on the Zone, without being considered an increased assessment.

The inflationary adjustment formula for Zone 2 is built into the assessment formula and is based on the January CPI for Los Angeles/Riverside/Orange County area for All Urban Consumers.

The inflationary adjustment formula for Zones 4, 7, 8, 9 and 10 is based on a straight three percent (3.0%) increase every year.

If the proposed assessment (levy per unit or rate) for the current fiscal year is less than or equal to the prior year's maximum assessment plus the adjustments described above, then the new assessment is not considered an increased assessment. The purpose of establishing an assessment range formula is to provide for reasonable increases and inflationary adjustment to the assessment amounts without requiring costly noticing, mailing, and balloting procedures, which would further increase the assessments.

The District is not required to adjust the assessments levied each year, nor does it restrict the assessments to the adjustment amount. If the budget and assessments for a given Zone does not require an increase or the increase is less than the allowable adjusted maximum assessment then the required budget and assessment shall be applied. If the budget and assessments for a given Zone require an increase greater than the allowable maximum assessment, then the proposed assessment is considered an increased assessment. In such cases, mailed notices and balloting to the property owners would be required pursuant to the provisions of the Article XIIID prior to the imposition of the proposed assessment.


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IV DISTRICT BUDGETS

Direct Costs "

Professional Scs incl.Consultant Fees

Landscape Water &Elecfric Utilities

Storm Drain

TotàlIEtiffiat

,.„. . • • • •...

• . ..$350 . •• $400

808 $9,500:•• $25,922.- -• - $17,390

$0 40000 . $4;100.,

090 • 040 $600

, •• • • • .280 '$2,950

• - • .

•

40,008 $34,355

$0

'1(6:4, 4)

„ •

0367:•':

16.J$253.16'•

. ..,. ..... r.. g'-,4,4A 2,16„§'.1 QA'.1: 3.:,7.0.0. -_,97..60 ' $17,144100 $7 ,734.00 $18 29600.802....0,0 1.5;514:00"::':.

,..,

27:10g .:,:,,i,•:'.,-i,(s.p52;40) ($.9#740.,:' 1,46,..00y::](:..($.;50.00).4•02:;5240) , f($2:4.0.6)::1.$16. 6';or0r:::, ($'6. 4..:60)

. T.47,6'1$0'..:0t01.$(1.:,::i.!;$.1;;840.:00 ,'...:..$:$;$.'17.!:0(1,:.'::::$00-7,01:00,:j:!T.$0 .20i.0.:0'%"$100'id:00:'-:-',..','.($85$:00),.:' '-:$0 66600':-


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APPENDIX A - DISTRICT BOUNDARY MAPS The boundary maps for the various Zones within the District have been previously submitted to the Clerk of the City in the format required under the 1972 Act and, by reference are made part of this Report. The boundary maps are available for inspection at the office of the City Engineer during normal business hours. Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the Ventura County Assessor's Parcel Maps for fiscal year 2013/2014.


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APPENDIX B - 2013/2014 PRELIMINARY ASSESSMENT ROLL Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the Ventura County Assessor's Parcel Maps for the year in which this Report is prepared. The land use classification and specific parcel data for each parcel is based on property information available from the Ventura County Assessor's Office or provided by the City, and by reference is made part of this Report. A listing of parcels to be assessed within this District for fiscal year 2013/2014, along with the proposed assessment amounts is provided on the following pages.

Approval of this Report (as submitted or as modified) confirms the method of apportionment and the proposed assessment rates to be levied against each eligible parcel within the District and thereby constitutes the approved levy and collection of assessments for fiscal year 2013/2014. The parcels and the amount of assessment to be levied shall be submitted to the Ventura County Auditor/Controller and included on the property tax roll for the fiscal year.

If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate approved in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment.


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RESOLUTION NO. 2013

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMARILLO, DECLARING THE RESULTS OF THE PROPERTY OWNER ASSESSMENT BALLOT PROCEEDINGS CONDUCTED FOR THE PROPOSED FORMATION OF THE ADOLFO GLEN II LANDSCAPE MAINTENANCE DISTRICT AND THE CONCURRENT DETACHMENT OF TERRITORY FROM LANDSCAPE MAINTENANCE DISTRITCT ZONE 9; COMMENCING WITH FISCAL YEAR 2013/2014

WHEREAS, the City Council of the City of Camarillo (the "City") pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2, Division 15 of the California Streets and Highways Code, commencing with Section 22500 ((hereinafter referred to as the "Act"), did by previous Resolution, initiate proceedings for the formation of a landscape maintenance district to be known and designated as THE ADOLFO GLEN II LANDSCAPE MAINTENANCE DISTRICT ("District"), and to levy and collect annual assessments for the District commencing on fiscal year 2013/2014 to pay for the operation, maintenance, and servicing of local landscape improvements, and appurtenant facilities related thereto; and,

WHEREAS, pursuant to Chapter 2, Article 2, Section 22605 and following of the Act, the City Council upon the successful formation of the District, intends to concurrently detach the territory within the District from Landscape Maintenance District Zone 9 ("Zone 9") and to dissolve such district zone, and,

WHEREAS, in accordance with the provisions of the California Constitution, Article XIIID, the City Council has caused and conducted a property owner assessment ballot proceeding for the proposed formation of the District and concurrent detachment from Zone 9, and has conducted a noticed public hearing regarding these matters; and,

WHEREAS, the assessment ballot presented to the property owner(s) of record within the Adolfo Glen II Landscape Maintenance District, reflects each property's proportional special benefit and financial obligation for the costs and expenses related to the maintenance, servicing and operation of local landscape improvements for Adolfo Glenn ll as authorized by the Act and the provisions of the California Constitution The notice and ballot presented to the property owner(s) of record identified the total amount balloted to all properties, the proposed assessment rate, the property's proposed proportional annual amount commencing with Fiscal Year 2013/2014 and the inflationary adjustment applicable to future assessments; and,

WHEREAS, upon the close of the Public Hearing held on June 12, 2013 the ballots returned by the property owners of record within Adolfo Glen II were opened and tabulated, the results of which are illustrated below:


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Yes — In Favor of Assessment:

No — Opposed to Assessment:

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAMARILLO DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

Section 1: The above recitals are true and correct.

Section 2: The assessment ballot proceedings were conducted with the notices and ballots of the proposed new assessments presented to the qualified property owners within Adolfo Glen II as required by law, with a required receipt of the returned ballots to the City Clerk prior to the close of the Public Hearing on June 12, 2013.

Section 3: The canvass of the ballots cast for the proposed assessments within Adolfo Glen II received prior to the close of the public hearing and weighted according to the proportional financial obligation of the affected properties is hereby approved and confirmed.

Section 4: The City Clerk is hereby directed to enter this Resolution on the minutes of this meeting, which will constitute the official declaration of the result of such property owner assessment ballot proceeding.

Section 5: This Resolution will become effective immediately upon its adoption and the City Clerk will certify the adoption of this Resolution.


CC XVIII A 27

PASSED, APPROVED AND ADOPTED this day of ,2013.

Mayor

ATTEST:

City Clerk


City Attorney

STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF CAMARILLO )

I, City Clerk of the City of Camarillo, do hereby certify that the foregoing Resolution No. was duly passed and adopted at a regular meeting of the City Council of the City of Camarillo held on the day of , 2013. Upon motion of Council Member , seconded by Council Member

, the foregoing Resolution No. was duly passed and adopted.

Vote on the motion:

AYES:

NOES:

ABSENT:

IN WITNESS, I have hereunto set my hand and the Official Seal of the City of Camarillo this day of , 2013.

CITY CLERK


CC XVIII A 28

RESOLUTION NO. 2013

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMARILLO, CONFIRMING THE FORMATION OF THE ADOLFO GLEN II LANDSCAPE MAINTENANCE DISTRICT AND THE CONCURRENT DETACHMENT OF TERRITORY FROM LANDSCAPE MAINTENANCE DISTRITCT ZONE 9; APPROVING THE ENGINEER'S REPORT REGARDING AND THE LEVY OF NEW ANNUAL ASSESSMENTS FOR ADOLFO GLEN II AS DESCRIBED IN THE ENGINEER'S REPORT AND THE ASSESSMENT DIAGRAM CONNECTED THEREWITH; AND ORDERING THE LEVY AND COLLECTION OF THE NEW ASSESSMENTS FOR ADOLFO GLEN II COMMENCING IN FISCAL YEAR 2013/2014

WHEREAS, the City Council of the City of Camarillo (the "City") pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2, Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereinafter referred to as the "Act"), did by previous Resolution, initiate proceedings for the formation of a landscape maintenance district to be known and designated as THE ADOLFO GLEN II LANDSCAPE MAINTENANCE DISTRICT ("Adolfo Glenn II" or "District"), and declared its intention to conduct an assessment ballot proceeding for the levy of proposed new assessments for Adolfo Glen II commencing in Fiscal Year 2013/2014, for the special benefits received by properties therein from the improvements related thereto in accordance with the provisions of the Act and the California Constitution Article XIIID (the "Constitution"); and,

WHEREAS, an Engineer's Report containing an Assessment Diagram has been prepared, filed and presented to the City Council in connection with the annual levy of new assessments for parcels within Adolfo Glen II and the concurrent detachment of territory within Landscape Maintenance District Zone 9 commencing in Fiscal Year 2013/2014 as required by the Act and the Constitution; and,

WHEREAS, the City Council has duly held a public hearing regarding these matters and has conducted a property owner assessment ballot proceeding for the proposed new assessments related thereto, the results of which have been presented to and confirmed by the City Council that there was not a majority protest; and,

WHEREAS, the City Council desires to levy and collect the new assessments against parcels of land within Adolfo Glen II, for the fiscal year commencing July 1, 2013 and ending June 30, 2014 (Fiscal Year 2013/2014), to pay the costs and expenses of the ongoing operation, maintenance, and servicing of improvements, appurtenant facilities; and the incidental expenses related thereto that have been determined to be of special benefit to the properties and the development of properties within Adolfo Glen II, as described in the Engineer's Report.


CC XVIII A 29

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAMARILLO DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

Section 1: The above recitals are true and correct.

Section 2: Based on testimony given, the results of the property owner assessment ballot proceedings and the documents and discussion presented, the City Council has directed and confirmed any necessary modifications or amendments to the Engineer's Report previously presented and filed, and such modifications or amendments so reflected by the minutes of this meeting will by reference be incorporated into the approved Engineer's Report.

Section 3: The Engineer's Report, and the Assessment Diagram contained in the Report that shows the territory and properties within Adolfo Glen II, constitute the basis upon which the annual assessments are calculated in accordance with the method of apportionment and the maximum assessment rate as described therein and presented to the property owners of record in the ballot proceeding. The assessments described in the Engineer's Report as submitted or amended, including the assessment range formula, are herby confirmed and adopted by the City Council.

Sections 4: Based upon its review of the Engineer's Report (including any • amendments, as applicable), which has been filed with the City Clerk, the

City Council hereby finds and determines that:

4a) The land within the boundaries of Adolfo Glen II will receive special benefit from the operation, maintenance and servicing of landscape improvements, and all appurtenant facilities related thereto, that are to be provided by the District as described in the Engineer's Report.

• 4b) The boundaries of Adolfo Glen II, as defined by the Assessment Diagram contained in the Engineer's Report includes all of the lands receiving such special benefit.

4c) The net amount to be assessed upon the lands within Adolfo Glen II, has been apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services to be provided commencing with Fiscal Year 2013/2014.

4d) Zone 9 is to be detached from the Landscape and Lighting District.


CC XVIII A 30

Section 5: The City Council hereby orders the proposed improvements as described in the Engineer's Report to be made. The improvements so described generally include, but are not limited to, the maintenance, operation and servicing of the local landscape improvements established or installed in connection with the development of properties within Adolfo Glen II or directly associated with the properties therein and will be maintained by the City for the special benefit of those properties pursuant to the Act.

Section 6: The adoption of this Resolution constitutes the formation of Adolfo Glen II Landscape and Lighting District, the boundaries of which are contained in the Assessment Diagram of the Engineer's Report for Adolfo Glen II of the District; the detachment of Zone 9 of the City of Camarillo Landscape and Lighting District; the establishment of the new maximum assessment rate applicable to Adolfo Glen II including the assessment range formula; and the assessments for the fiscal year commencing July 1, 2013 and ending June 30, 2014, as described in the Engineer's Report adopted by the City Council, and the County Auditor of Ventura will enter on the County Assessment Roll opposite each parcel of land the amount of levy so described in the approved Engineer's Report, and such levies will be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy will be paid to the City Treasurer.

Section 7: The City Clerk is directed to certify to the passage and adoption of this Resolution, and the minutes of this meeting will so reflect the City Council's approval of the formation of Adolfo Glen II Landscape and Lighting District; the detachment of Zone 9; the adoption and confirmation of the Assessment Diagram for Adolfo Glen II; and the establishment of the maximum assessment rate, assessment range formula and the assessments for Fiscal Year 2013/2014 as described in the Engineer's Report.

Section 8: The City Clerk or the Clerk's designee is hereby authorized and directed to file the levy of assessments for Fiscal Year 2013/2014 as approved, with the County Auditor of Ventura.


CC XVIII A 31

PASSED APPROVED AND ADOPTED this day of , 2013.

Mayor

ATTEST:

City Clerk


City Attorney

STATE OF CALIFORNIA COUNTY OF VENTURA ) ss CITY OF CAMARILLO

I, City Clerk of the City of Camarillo, do hereby certify that the foregoing Resolution No. was duly passed and adopted at a regular meeting of the City Council of the City of Camarillo held on the day of , 2013. Upon motion of Council Member , seconded by Council Member

, the foregoing Resolution No. was duly passed and adopted.

Vote on the motion:

AYES:

NOES:

ABSENT:

IN WITNESS, I have hereunto set my hand and the Official Seal of the City of Camarillo this day of , 2013.

CITY CLERK


CC XVIII A 32

City of Camarillo

AGENDA REPORT

Date: June 12, 2013




Subject: General Plan Amendment (GPA) Referral Request: Triliad Development, Incorporated / PEGH Investments, LLC

SUMMARY

In accordance with City Council Policy 7.01, Mayor Craven has placed on the agenda a request by Triliad Development, Incorporated, to reconsider the approval of a change in General Plan Land Use Designation from Industrial to High-Density Residential for an approximate 8.66-acre group of parcels at the southwest corner of Verdugo Way and Camino Ruiz, having received a petition in support of Triliad's request. If approved, the requested change in Land Use Designation will be referred for study and possible future consideration for a General Plan Amendment (GPA).

DISCUSSION

On January 23, 2013, the Council reviewed and rejected on a 2-2-1 vote (Council Member Little abstaining), a request by Triliad Development, Inc., on behalf of PEGH Investment, LLC, to change the Land Use Element designation for the 8.66-acre industrial site at the southwest corner of Verdugo Way and Camino Ruiz.

Although rejected at the January meeting on a deadlocked vote, the referral request is returning at the request of Mayor Craven, having received a form letter signed by the owners/representatives of 17 businesses in the area who support "multi-family residential development" and "would not be supportive of any more retail commercial space" on the property. Subsequent communication was received by the City, and has been attached. It should be noted that the statutory limitation on Council Member Little's former conflict of interest with the property has now expired, and he is now able to vote on the question of referring the property for study.

Triliad/PEGH is requesting a change in the property's Land Use Element designation from Industrial to High-Density Residential (maximum 30 units per acre). The property is zoned LM (Limited Manufacturing).

Tal

CC XIX A 1

GPA Referral Request — Trillad/PEGH June 12, 2013 Page 2 of 4

The property is currently vacant and surrounded by The Plaza at Mission Oaks on the west and north, LM (Limited Manufacturing) uses to the east at Mission Oaks Technology Center, and U.S Highway 101 to the south. In 2004, this property and the property to the immediate north were approved for referral for a General Plan Amendment to change the Land Use Designation from Industrial to Commercial. Although the property to the north proceeded through the GPA process and its Land Use Element designation was changed, the study of the subject site for commercial uses never proceeded.

The property was approved for an Industrial Development Permit (IPD-397) with two research and development facilities on September 6, 2011. PEGH Investments received IPDs for three other vacant industrial properties in the Mission Oaks Technology Center on this same date. In addition, PEGH went on to have four additional vacant industrial properties within the Mission Oaks Technology Center area entitled with IPDs as late as May 15, 2012.

The land uses immediately surrounding the site are either Commercial (zoned CPD - Commercial Planned Development) or Industrial (zoned LM - Limited Manufacturing). A change in Land Use Element designation to High-Density Residential is out of context--given the lack of adjoining residential use. Introduction of housing onto these parcels is unlikely to result in adjoining land uses converting to residential uses. Absent a comprehensive area plan to provide more housing in the immediate area, the change in Land Use Element designation and rezoning to allow for the construction of a high-density residential project on this singular group of parcels is a clear case of inefficient spot-zoning. As such, the long-term effect of converting this property to High-Density Residential would be to create a small, isolated residential complex of approximately 260 units (at its full allowable density) adjacent to a heavily-trafficked shopping center, an industrial park, and a freeway. This residential community would be the only residential development east of Santa Rosa Road, south of Adolfo Road, and north of U.S. Highway 101.

General Plan Amendment Referral Policy and Practice

City Council Policy 7.01(C)(1), attached, requires that:

Complete applications for General Plan amendments will be presented to the City Council for initial consideration at the second meeting in January. The City Council, at its discretion, may order further processing or may terminate application proceedings at this point.

However, the Council has the flexibility to consider General Plan Amendment requests at times other than late January, as seen in Section D of the Policy:

The City Council or Planning Commission shall not be precluded from considering or acting upon General Plan Amendments, at such times as they deem advisable, nor shall they be precluded from initiating General Plan amendments as they deem necessary and appropriate.

CC XIX A 2

GPA Referral Request — Triliad/PEGH June 12, 2013 Page 3 of 4

Except in two recent cases, the Council has rarely deviated from the practice of hearing General Plan Amendment requests in January. On March 14, 2011, the City Council heard and approved a request from the Oxnard Union High School District to refer a change in Land Use Designation for the Bell Ranch site for the construction of the Camarillo Academy High School + Performing Arts Center. Also, after having approved the referral of 19 acres of the former 27.55-acre Imation site for a General Plan Amendment on January 25, 2012, the Council heard and approved for study the remainder of the previously-approved site and the addition of the Rexford industrial site for a General Plan Amendment referral on August 22, 2012,

Industrial Vacancy

According to the 1 st Quarter Report of industrial property vacancies published by DAUM Commercial Real Estate Services, the rate of vacancy in developed industrial properties within the City in the first quarter of 2013 was at 7.8 percent, down from 8.2 percent in the first quarter of 2012. While still high, vacancy rates are declining, as the economy improves. However, only one industrial property is currently under construction at this time. New industrial construction is not anticipated to pick-up until the economy nears full recovery, and vacancy in existing industrial product nears absorption.

Pending Rental and For-Sale Residential Projects

Currently, there are 591 apartment units that have received building permit allocation under the City's Residential Development Control System, but are awaiting construction. The site for the AMLI apartment complex is currently being mass-graded, and it is anticipated that the project will complete construction on its 384 units in 2014. In addition, there are 797 apartment units currently proposed and pending entitlement. All combined, the City could see the construction of a total of 1,388 new apartment units over the next few years.

By contrast, the City has previously approved and provided allocation for 261 for-sale units that have yet to be built. In addition, there are 158 for-sale units pending allocation. All combined, 419 for-sale units could be built over the next few years.

If all of the currently allocated and proposed rental and for-sale units are built, the percentage of renter-occupied households in the City will be approximately 32 percent (based on U.S. Census Bureau American Community Survey 2011 data, the most current available). As previously mentioned, the subject site will support up to 260 rental units. If the project is approved and built, and all other approved and proposed rental and for-sale units are built, the percentage of renter-occupied households will represent approximately 33 percent, or one-third of all households of the City. As of the 2000 Census, the percentage of renter-occupied households in the City was only 26 percent (as reported in the City's 2009 Housing Element).

At least one developer who had received allocation for apartment units is now contemplating a major modification to change an apartment project to for-sale product,

CC XIX A 3

GPA Referral Request— Triliad/PEGH June 12, 2013 Page 4 of 4

fearing a glut of apartment units in Camarillo, and the limited supply, and strong demand for, for-sale residential product.

BUDGET IMPACT

None. This item does not require an expenditure of funds. The study of referred General Plan Amendments does not require an expenditure of funds under the current budget, although they do involve staff time to process and oversee any consultants utilized to assist in study. Applicants are required to cover the cost of the filing and any environmental and economic review necessary for the processing of their referred projects.

CITY COUNCIL CONSIDERATION

The City Council may direct the further processing of this request or reject the request. Various factors may be studied if the Council wishes to refer this request for study, and Council may wish to consider requiring the applicant to pay for a City-supervised market and absorption study, as well as an economic impact analysis if the project is referred for a possible General Plan Amendment.

An application referred for processing does not imply any future determination or approval of the request; such determination may be made once the Council weighs the environmental and economic consequences of the development.

SUGGESTED ACTION

a MOTION to provide direction to Staff with regard to the request for amendment to the City's Land Use Element of the General Plan.

ATTACHMENTS

City Council Policy 7.01 Miscellaneous Project Documents/Exhibits

Finance Review: DW

CC XIX A 4

City of Camarillo

CITY COUNCIL POLICY

Section: Community Development Date Adopted: October 1976 Last Amended: January 12, 2005

Subject: General Plan Amendments (Non-City Initiated)

Number: 7.01 Page 1 of 2

PURPOSE

To provide guidelines for considering proposed amendments to the Camarillo General Plan by an applicant other than the City.

POLICY

The General Plan is a long-range comprehensive policy document that is periodically updated to meet new conditions, and revised or amplified to respond to unforeseen changes or community needs.

A. Amendment Guidelines

1. The General Plan is subject to amendments when there are changes in goals, policies, and physical, social or economic conditions. All proposed amendments should be evaluated with consideration for environmental impact and consistency with the balance of the General Plan document.

Due to the restriction in Section 65358(b) of the State Government Code that no single mandatory element of a General Plan shall be amended more frequently than four times during a calendar year, it is necessary that the City establish the criteria and timing for consideration of General Plan amendments.

3. The guidelines set forth herein have been established to aid in the review of requests presented to the City. Fulfillment of the general criteria for amendment consideration does not, however, assure or even imply the ultimate approval or disapproval of a General Plan amendment by the City Council. That is, decisions on the contents of the General Plan are by law based solely on the best judgment and discretion of the City Council, made after due process and deliberation.

4. The City Council shall determine at the time of referral of a General Plan amendment or a specific plan whether a fiscal impact analysis shall be required in conjunction with the proposal.

CC XIX A 5

B. Review Guidelines

In reviewing an application, the Planning Commission and City Council shall consider the following guidelines:

1. Consideration of an element not currently included in the General Plan.

2. A change in General Plan goals or policy, or in physical, social or economic conditions as stated in the General Plan.

3. A substantial change in environmental characteristics affecting the property and its uses which creates an inconsistency with other currently existing uses.

4. Physical constraints or changes that render the designated land usage in the General Plan no longer feasible or preferable.

5. A response to changes in development and land use patterns within adjoining areas.

C. Review Process for General Plan Land Use Element Amendments

1. Complete applications for General Plan amendments will be presented to the City Council for initial consideration at the second meeting in January. The City Council, at its discretion, may order further processing or may terminate application proceedings at this point.

2. Upon review of the General Plan Amendment request by the Planning Commission, the application and Planning Commission recommendation shall be forwarded to the City Council for consideration.

3. The City Clerk shall schedule the application for City Council consideration at the first reasonably available Council meeting. The City Council shall render a decision by resolution following conclusion of a public hearing. If the City Council substantially modifies the application considered by the Planning Commission, a decision shall be rendered by the Council following further consideration by the Commission and subsequent report to the Council. The City Council's decision shall be final.

D. The City Council or Planning Commission shall not be precluded from considering or acting upon General Plan amendments at such times as they deem advisable, nor shall they be precluded from initiating General Plan amendments as they deem necessary and appropriate.

Adopted 7.1, October 1976 Amended January 14, 1998 Amended 7.01, January 12, 2005

Policy 7.01 Page 2 of 2

CC XIX A 6

CC XIX A 7

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General Plan Plan Amendment requests are screened by the City Council at their second meeting in January. The City Council, at its discretion, may authorize the application to be processed, or may disapprove the processing. If authorizing the request, the City Council will indicate coordinated scheduling and any required special studies. Any authorization to proceed does not imply approval of the application. The request for City Council screening must be submitted with all necessary support information no later than thirty ..(31:4 days prior to the second City Council in January. If you should - have .questions or require .assistance, 'contact the Department of Community 'Development at the above ,.phone number /address. - - - ' - .' -•

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CC XIX A 8

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CC XIX A 9

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of the property.

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or applicants herein named and that the foregoing statement and answers herein contained the information'herein sUbmitteci are .in all reSpectS true and correct to the beSt of my/our knowledge belief._

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filing of this application and hereby authorize city representative(S) to enter upon my/our property for purpose of examining and inspecting the property in preparation of any reports and/or environmental

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Material" section for.a.description of the various required materials.

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*Listing of Adjoining Property Owners (1 copy plus 1 set on self-adhesive *Listing Of Adjoining Occupants (1 copy plus 1 set on labels

Filing Fee (1= May be submitted upon referral of request by City Council.

Notes:

CC XIX A 10

employment and retail services

Enhance-existing neighborhood fabric,

Encourage infill development and redevelopment of properties, and

• Expand private investinent and business growth.

5000 Camino Ruiz — 4 Parcels

APN# 160-0-091-055,065,105,125

Project Information

1) Describe why the amendment is warranted at this time, an d why you think the proposed use was not shown on the adopted General Plan.

At the time the General Plan Land Use Element was adopted in 2003, the site was vacant land contemplated to be part of the Mission Oaks Business Park and was planned to be utilized as light industrial or office park. During the intervening years from Land Use Plan adoption to now, the, area around ithe site has been built. out with hospitality and retail commercial to the west and north and business park to the east. Camino Ruiz borders the business park to the east and provides a transitionary boundary between land USCS.

, Other factors contribute to residential uses beihg warranted on the sn.13jedt Site including the establishmentof the California, State:University, Channel :Islands in-200Z, -arid the. presence of the Amtrak/Metrolink station, which has seen extensive growth in since 2006 (increase of 28% between 20067201 CD., Amongst_the.city,planningObjective adopted Since .00a are: _

* Provide a jobs housing balance and With housing readily...accessible to

By adopting the General Plan Amendment to allow a high-density residential. uSes on the subject lotiopert3;, all Of these objectives Will'bernet. These factors make additional residential uses in this location an appropriate land use.

2) Describe bow the requested change' reflects the stated goals adopted as part of the General-Plan and, if not in agreement, whatchanges would-be needed to -establish agreement with the adopted goals of the city.

The site is proposed to be high density residential. The design of the residential uses Will be consistent with neighboring residential uses as established by design guidelines adopted by the City. By approving the update to the General Plan, it allows land to be

Page 1 — 5000 Camino Ruiz — Project Information

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provided for needed residential development, which will help the City meet its Regional Housing Needs Allocation (RHNA) goals. (According to the City's 2011 General Plan Annual Report for Year 2010, over 1,900 new housing units will need to be provided by 2014.)

In addition to those benefits, new development at this location will serve additional purposes. First, it will provide housing adjacent to employment, retail services and schools allowing enhanced walkability that embraces smart planning goals. Second, additional residents at this loCation will support the existing retail and commercial uses along Santa Rosa Road and elsewhere in the city, improving the City's tax base. Third, the change in the land use designation will also provide current market-ready development As the current industrial vacancy rate indicates that new industrial development is several years from occurring, new development in the near term is only likely to come from residential development. This new development will provide additional tax revenues at a much sooner date.

The area has successfully started to transition into a mixed use environment featuring residential and commercial uses, alongside light industrial uses. Based on the land use patterns existing today, the proposed development confolms to the Land Use Element Objectives and Principles. We believe the following apply to the proposal:

Objectives: To continually improve the areas as places for living by ensuring that those portions of the city which are best suited for residential use will be developed and preserved as healthful, safe, pleasant, attractive neighborhoods where all citizens are served by a full • range of appropriate community facilitie.s.

Principles: To protect residential property values and privacy by ensuring compatible development with surrounding land uses and by preventing the intrusion of incompatible land uses. -The proposed land uses for the site are compatible with the existing adjacent retail, residential and light industrial uses.

To encourage the highest quality of development in those cases where structures are replaced. -The vacant site will be'replaced with high quality residential developments in accordance with the City's design guidelines.

Encourage adequate recreation facilities to serve the population expected to reside in cluster residential projects which may include recreation equipment for children, swimming pools, tennis courts, etc. -The development of the high density residential site will include on-site recreational facilities, including swimming pools/spas and fitness centers, to serve the future residents.

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Consider residential opportunities for properties being studied for reuse potential. -This Site is well situated to support residential .uses given the proximity to regional transportation options, retail opportunities, and compatible residential,. recreational and open spaces.

3) What type of changes have taken plate in the area characteristics that affect the property §irice the General Plan Element WaS.adcipted?

• • • As noted abOVe, major changes have taken place in the immediate area since the General Plan was originally drafted. First the construction of Mission Oak.s business park and , commercial retail, transforming the area from aged industrial/agricultural uses to a mix of uses including residential and comineraial, Second, the establishment in 2002 and growth of California State University, Channel Islands approximately six miles south of the property along Lewis Road with only agrichltural us eS in betWeen has Created new demand for housing and supporting commercial uses along the City's southern boundary. Third the rail station has seen adolramatic increase of use All of these changes make it clear that additional housing is appropriate at this location.

4) How is the requested'change consistent with adopted land uses in the area?

The site is located at the entry of the city, at the boundary of cornmerbial,retail and light 'TridtiStfial'iliseS.that..6Ocur to the e'ast and 'north of the .propertY'aritl 'etta.bliShed 'residential neighborhoods and cciininei6ial uses to the north and west of the prdject:. Residential uses are'cOriSISterif'i'diesidthati'ai and 6di-rimer6ialiiseS the Park, the Residence Inn hotel north of the property, and the iStabli§heategaential neighborhood directly north of the site. Additionally, future residents of this site will support the Santa Rosa Road corridor retailers, and the housing will serve the business park employers and university lobated south of the property. . ,

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April 12, 2013

Mr. Bruce Feng City Manager of Camarillo 601 Carmen Drive Camarillo, CA 93010

Re: Proposed Residential Development of the Approximately 8.7 Acres Parcel Owned by PEGH Investments, LLC at the SWC of Verdugo Way & Camino Ruiz, Camarillo

Dear Mr. Feng:

Enclosed please find information regarding our proposed new multi-family residential development we distributed to those surrounding businesses located at the Mission Oaks Plaza. The following is a list of those businesses (company logos shown on attached aerial map) that signed our letter in support of said new development:

Courtyard Marriott Safire Bistro Snapper Jack's Taco Shack Old New York Deli Yomama Sushi One Hour Martinizing Nails & Hair Image & Spa Cheers Liquor & Market Jack-In-The-Box Starbucks Coffee Valero Gas Quiznos Sub Jamba Juice UPS Baja Fresh Herman Bennett Foundation Teledyne Imaging Sensors

We look forward to your consideration for our proposed new development.

Sincerely,

Joel K. Mann Managing Partner Hawkeye Investments, LLC II

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March 2013

Honorable City Council of Camarillo 601 Carmen Drive Camarillo, CA 93010

Re: Potential Development of the Approximately 8.7 Acres Parcel Owned by PEGH Investments, LLC at the SWC of Verdugo Way & Camino Ruiz, Camarillo

Dear Council Members:

I am a Business Owner located at the Mission Oaks Business Park. I am supportive of a multi-family residential development on the above referenced property. I feel such a project would help revitalize this area by bringing in new housing that will support all businesses, and reduce traffic and commute times.

As you area aware, we have a tremendous amount of vacant industrial space adjacent to our area. Additionally, I would not be supportive of any more retail commercial space. Because of the loss of jobs and lack of adjacent housing, or businesses are suffering. I feel this much needed project would help reverse this trend, and truly revitalize our area.

&T-LifriLb CompanY Name

\ • AC-Net0

IlWicto-rr

Company Address

M Pre— e-b Date

CC XIX A 19

SA- K

March 2013






Sincerely,

Date

CC XIX A 20

February/March 2013


Re: Potential Development of the Approximately 8/ Acres Parcel Owned by PEGH Investments, LLC at the SWC of Verdugo Way & Camino Ruiz, Camarillo




Si.,a,d(- Compa;h\i Name

4g56 Yordogo vrau pmanilz), Company Addressi I

Date CORPORATE OFFICE

.1363 DONLON STREET #20 VENTURA, CA 93003 (805) 656-6231 (805) 658-1960 FAX

5100 TELEGRAPH ROAD 4850 VERDUGO WAY 604 JANSS ROAD VENTURA, CA 93003 CAMARILLO, CA 93010 THOUSAND OAKS, CA 91360

(805) 642-5111 (805) 384-0334 CCI1X9N721

CC XIX A 22

February 20, 2013


Re: Potential Development of the Approximately 8.7 Acres Parcel Owned by PEGH Investments, LLC at the SVVC of Verdugo Way & Camino Ruiz,

Camarillo


I am a Business Owner located at 702- v‘. I am supportive of a multi-family residential development on the above referenced property.. I feel such a project would help revitalize this area by bringing in new housing that will support all businesses, and reduce traffic and commute times.


Sincerely,

.41zPon/ .

. Business Owner

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March 2013


Re: Potential Development of the Approximately 8.7 Acres Parcel Owned by PEGH Investments, LLC at the SVVC of Verdugo Way & Camino Ruiz, Camarillo




Sincerely,

Owner

itY /1/4-) 5 kt

Cornjoany Name

a ct,sv-AP-CLL C_A , 6 ut-T Company Address

o /// Date

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ONE HOUR MARTINIZING

DRY CLEANING

March 2013






Sincerely,

Owner

ri C Company Name

L/97.6 verciu bckz7 Company Address ` 1

gr- Date

CC XIX A 25

Nails & Hair Image & Spa

February 20, 2013




I am a Business Owner located at 9-1 Z-g- -am supportive of a multi-family residential development on the above referenced property. I feel such a project would help revitalize this area by bringing in new housing that will support all businesses, and reduce traffic and commute times.


Sincerely,

(

Business Owner

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& MARKET

4992 VERDUGO WAY CAMARILLO, CA 93012 (805) 987-9596

February 20, 2013




I am a Business Owner located at e-7— I am supportive of a multi-family residential development on the above referen ed pro erty. I feel such a project would help revitalize this area by bringing in new housing that will support all businesses, and reduce traffic and commute times.


Sincerely,

Th

ze-/i /// ',/x1 55F s MAFr—r— Business Owner

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Viike Herrick Cell (805) 338-4998 )wner/Operator [email protected]

in the box" Herrick Foods LLC/CALTEX Foods Inc.

616 Calle Plano Camarillo, CA 93012 Office (805) 484-9339 • Fax (805) 484-9236

Independently Owned and Operated

February/March 2013






Sincerely,

Date

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March 2013






Sincerely,

wner

, }4 Companyname

Company Address

Date

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VALERO

March 2013






Sincerely,

Owner

.._. gaceei 147 L Company Name

C(6 7'

Company 72;) /Zee /

Company Address

'?

Date /3

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Company Address

3 / op 3 Date

7 c_a_i.,..cc_z",') \ 0 •

Q ammos SUB

February/March 2013


Re: Potential Development of the Approximately 8.7 Acres Parcel Owned by PEGH Investments, LLC at the SWC of Verdugo Way 8, Camino Ruiz, Camarillo




Sincerely,

Owner

Company Name

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Owner

./e-eore

Q Quiznos SUB

February/March 2013






Sincerely,

Date

CC XIX A 32

March 2013






Sincerely,

Owner

ck,\AA\rx-CSuc-Q Company Name

V.J6000,1 Sut4-e, Cavituvi'vD) CA- Company Address /

S -7— —13 Date

CC XIX A 33

February/March 2013





As you area aware, we have a tremendous amount of vacant industrial space adjacent to our area. Additionally, I would not be supportive of any more retail commercial space. Because of the loss of jobs and lack of adjacent housing, or businesses are suffering. I feel this much needed project w ).0,,/ ,eo,.."0 eve is trend, and truly revitalize our area.

0 Owner

Company Name

TD..1 g 1,/,;(v. 1-7L- CST 1,,,• 1 101 6 .?1_

Company Address

Date

Sincerely,

CC XIX A 34

February/March 2013






Sincerely,

(J/1(1)0E1_0\ 16 /1/1

Owner

j71- F

Company Name

50E1 1,4= -12._/a)(0 COPV/ J Company Address 5 u ITE: I

4111 T

Date

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1111 HERMAN BENN:ETT . FOUNDATION

March 2013


Re: Potential Development of the Approximately 81 Acres Parcel Owned by • PEGH Investments, LLC at the SVVC of Verdugo Way & Camino Ruiz, Camarillo


I am a Business Owner located at the Mission Oaks Business Park, I am supportive of a multi-family residential development on the above referenced property. I feel such a project would help revitalize this area by bringing in new housing that will support all businesses, and reduce traffic and commute times.


Sincerely,

(Jehite &Hoc Ow n er/Pa/41- --7 ';/V 7 -

Z442/0777r RIXI/M7M/1 Company Name

12q- (Z/14/ Company Address

//.7.__1 :1/1/1/vvisie9 / c T30/

• /.) Date

194 Camino Ruiz Street Camarillo, CA 9012 (805) 445-7171 Q Fax (805) 445-7110

www.hermanbennettfoundation,org [email protected]

CC XIX A 36

Sincerely,

AP2M. TELEDYNE Fl SCIENTIFIC & IMAGING, LLC

A Teledyne Technologies Company

Bill Kohout Director, Facility Services Tel 805 373-4188 Fax 805 373-4592 [email protected]

1049 Camino Dos Rios Thousand Oaks, California 91360 P: 805.373.4545 F: 805,373,4775

March 29, 2013


Re: Potential Development of the Approximately 8.7 Acre Parcel Owned BY PEGH Investments, LLC at the SWC of Verdugo Way & Camino Ruiz, Camarillo

Dear Council MeMbers,

As a representative of Teledyne Scientific & Imaging, Inc., an industrial property owner in the Mission Oaks Business Park, I am supportive of a multi-family residential development on the above referenced property. Such a project will complement the adjoining retail space and improve the local economy.

I would recommend that, as part of the development agreement, the SCE electrical circuit serving our area be improved as needed to assure good, long term power quality and reliability. Our experience with local power quality has been subpar.

Bill Kohout Director, Facility Services

Teledyne Scientific & Imaging, LLC 5212 Verdugo Way Camarillo, CA 93012

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...Titanium Specialists SUPRA ALLOYS, INC 351 Cortez Circle, Camarillo, California 93012-8630 Phone: (805) 388-2138 Fax (805) 987-6492

April 26, 2013


Re: Potential Development of the Approximately 8.7 Acres Parcel Owned by PEGH Investments,LLC at the SWC of Verdugo Way & Camino Ruiz, Camarillo

Dear Council Members:•

I am a Business Owner located at the Mission Oaks Business Park. I am supportive of a Multi-family residential development on the above referenced property. I feel such a project would help revitalize this area by bringing in new housing that will support all businesses, and reduce traffic and commute times.

As you are aware, we have a tremendous amount of vacant industrial space adjacent to our area. Additionally, I would not be supportive of any more retail commercial space. Because of the loss of jobs and lack of adjacent housing, or businesses are suffering. I feel this much needed project would help reverse this trend, and truly revitalize our area.

APR 2-9 2013

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Sincerely,

February/March 2013






Owner

Company Name

11.67 AC/0/4 /2-01 (Cevi4./7--f/

Company Company Address

Date

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DONAHUE SURBER

June 6,2013


RE: Development of the SWC of Verdugo Way and Camino Ruiz

Dear Madam Mayor and Council Members,

On behalf of Donahue Schriber Retail Group and The Plaza at Mission Oaks located at 4900-4992 Verdugo Way and 4850 Santa Rosa. I am writing to inform you of our support for the proposed multi-family residential development at the SWC of•Camino Ruiz and Verdugo Way, in the Mission Oaks Business Park.

As owners of The Plaza at Mission Oaks we believe that the vacant parcel that adjoins our property will not be developed as originally intended for many years to come due to the already high office and industrial vacancies. within the area.

In addition we feel that the proposed multi-family project in the Mission Oaks Business Park would be very beneficial to surrounding businesses in the area. With the decline of the economy, the loss of multiple tenants in the business park and discretionary spending at a low many of our tenants, especially restaurants, continue to face hardships and struggle to remain open.

We appreciate your consideration in regards to approval of this development.

Best regards, DONAHUE SCHRIBER RETAIL GROUP

Thomas L. Schriber, Jr. Property Manager! Leasing Representative

200 E:Balcer Street Suite 100

Costa Mesa, CA 92626 (714) 545-1400

FAX: (714) 545-4222. cionahueschriber.corn

Lic. 01875932

RECEiVED

„I-UN I G `613

CITY CLERK

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