Camarillo Library Board. Camarillo Sanitary District. Camarillo City Council

Transcription

1 City of Camarillo 601 Carmen Drive P.O. Box 248 Camarillo, CA Office of the City Clerk (805) Fax (805) This document contains the Agenda Packets for the October 10, 2018, meetings as follows: Camarillo Library Board Camarillo Sanitary District Camarillo City Council

2 AGENDA CAMARILLO LIBRARY BOARD REGULAR MEETING WEDNESDAY, OCTOBER 10, 2018, 5:00 P.M. CITY HALL COUNCIL CHAMBERS 601 CARMEN DRIVE, CAMARILLO, CALIFORNIA AGENDA REPORTS AND OTHER DISCLOSABLE PUBLIC RECORDS RELATED TO OPEN SESSION AGENDA ITEMS ARE AVAILABLE ON THE CITY S WEBSITE UNDER COUNCIL MEETING INFO AT 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 SPECTRUM CHANNEL 10 AND FRONTIER 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 may only speak once on each item. You have the opportunity to address the Board at the following times: A. AGENDA ITEMS at the time the Board considers the agenda item, and B. NON-AGENDA ITEMS during Public Comments at 5:00 p.m.; 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 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. III. PUBLIC COMMENTS CONSENT CALENDAR A. Minutes Receive and file the minutes of the Camarillo Library Board meeting held August 22, B. Camarillo Public Library Activity Report Receive and file the activity report. CONSENT CALENDAR ACTION: A MOTION TO APPROVE THE RECOMMENDATIONS FOR CONSENT ITEMS A AND B. IV. DEPARTMENTAL NO ITEMS 1 CLB October 10, 2018

3 V. LEGAL COUNSEL NO ITEMS VI. VII. COMMENTS FROM STAFF COMMENTS FROM LIBRARY TRUSTEES VIII. ADJOURN 1 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) NOTIFICATION 48 HOURS PRIOR TO THE MEETING WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING. 2 CLB October 10, 2018

4 CALL TO ORDER/ROLL CALL MINUTES CAMARILLO LIBRARY BOARD REGULAR MEETING WEDNESDAY, AUGUST 22, 2018 President Morgan called the meeting to order at 5:00 p.m. Trustees Present: Staff Present: FLAG SALUTE Mike Morgan, President Kevin Kildee, President Pro Tem Charlotte Craven, Trustee Jeanette McDonald, Trustee Tony Trembley, Trustee Dave Norman, Executive Officer Tully Clifford, Assistant City Manager Dave Klotzle, Public Works Director Jeffrie Madland, Secretary Dave Murray, Police Department Commander Richard Petropulos, Administrative Services Director Brian Pierik, General Counsel Genie Rocha, Finance Director Joe Vacca, Community Development Director Trustee Trembley led the Pledge of Allegiance to the Flag. I. AMENDMENTS TO THE AGENDA NONE II. III. PUBLIC COMMENTS NONE CONSENT CALENDAR Trustee Craven oved, seconded by President Pro Tem Kildee, to approve Consent Calendar Items A and B. A. Minutes Approved the minutes of the Camarillo Library Board held July 11, B. Camarillo Public Library Activity Report IV. Received and filed the activity reports on the Camarillo Public Library. DEPARTMENTAL NONE Motion carried 5-0. V. LEGAL COUNSEL NONE VI. COMMENTS FROM STAFF Antonio Apodaca introduced himself as the new Library Director and reviewed upcoming events. CLB III A 1

5 VII. COMMENTS FROM TRUSTEES Councilmember Trembley commended Joseph Mangold for his work as Interim Library Director. He requested adding a yearly comparison to the monthly activity report. VIII. ADJOURN The meeting adjourned at 5:04 p.m. ATTEST: Secretary President CLB 8/22/18 2 CLB III A 2

6 Camarillo Library Board Statistics Last updated: 10/3/2018 Jul-18 Jul-17 Aug-18 Aug-17 Sep-18 Sep-17 Total FYTD Total FY17-18 Total since Jan 2011 Days Open ,018 Circulation Checked Out 47,246 49,577 43,904 56,961 41,909 54, , ,525 4,671,999 Renewal 10,851 11,142 9,859 10,737 10,121 10,514 30,831 32, ,938 ebook checkouts 3,824 3,227 3,639 3,358 3,414 3,310 10,877 9, ,459 eaudiobook checkouts 2,556 1,857 2,592 2,070 2,449 1,823 7,597 5,750 90,194 Music Downloads 999 1, ,873 3,060 89,208 Digital magazine checkouts ,046 Total 65,606 67,107 61,108 74,424 58,949 71, , ,338 6,083,844 Collection Development New items added* 1,692 1,744 1,605 2,590 1,892 1,729 5,189 6, ,862 New ebooks, eaudio, emags ,280 Total 1,774 1,800 1,655 2,759 2,011 1,757 5,440 6, ,142 Library Cards ,861 1,864 90,019 People Counter Total visits 34,938 35,162 32,923 33,543 34,322 33, , ,945 3,236,182 Average visits per day 1,165 1,172 1,062 1,082 1,184 1, ,072 Reference Questions Since Jan 2015 Reference Desk 2,313 2,011 1,933 2,222 2,005 1,974 6,251 6,207 77,848 Children's Desk 751 1, ,249 2,323 3,267 41,718 Average Questions per day Total 3,064 3,171 2,624 3,080 2,886 3,223 8,574 9, ,566 Programs Attendance Adult ,505 2,147 56,895 Teen/Young Adult ,094 Elementary/Family 2,751 4,832 2,166 1, ,429 6, ,417 Preschool ,967 1,267 48,873 Homework Center ,930 Adult Literacy - Learner Hours ,246 ESL (Partner Program) ,180 Laubach (Partner Program) ,034 RFBC ,309 Total 4,568 6,509 4,226 2,765 3,236 2,410 12,030 11, ,978 CLB III B 1 Number of Programs Adult ,244 Teen/Young Adult Elementary/Family ,336 Preschool Homework Center ,089 Adult Literacy - Tutor Hours ,533 ESL (Partner Program) Laubach (Partner Program) ,710 RFBC Total ,041 Active Volunteers*** Homebound Visits ,652 Outreach** ,966 RFBC Outreach ,110 Tests Proctored*** Hours Proctored*** Tour Attendance ,452 * Does not include ebooks & eaudiobooks ** Outreach includes audiences we reach with our live message outside of the building (including attendance at expos, city events, Chamber events, speaker engagements etc.) *** Since July 2018

7 AGENDA CAMARILLO SANITARY DISTRICT REGULAR MEETING WEDNESDAY, OCTOBER 10, 2018, 5:00 P.M. CITY HALL COUNCIL CHAMBERS 601 CARMEN DRIVE, CAMARILLO, CALIFORNIA AGENDA REPORTS AND OTHER DISCLOSABLE PUBLIC RECORDS RELATED TO OPEN SESSION AGENDA ITEMS ARE AVAILABLE ON THE CITY S WEBSITE UNDER COUNCIL MEETING INFO AT 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 SPECTRUM CHANNEL 10 AND FRONTIER CHANNEL 29. 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 that is not on the agenda. These items may be referred to staff 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 may only speak once on each item. You have the opportunity to address the Board of Directors at the following times: A. AGENDA ITEMS - at the time the Board considers the agenda item; and B. STUDY SESSION during the Study Session which is held in the Administrative Conference Room (accessible through Council Chambers) at approximately 6:00 p.m.; and C. NON-AGENDA ITEMS - during Public Comments at 5:00 p.m.; and D. 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 Assistant Secretary. 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. III. PUBLIC COMMENTS CONSENT CALENDAR A. Minutes Receive and file minutes of the Camarillo Sanitary District meeting held September 26, B. Federal Surplus Property Reutilization Program - Eligibility Application Renewal and Resolution Authorize staff to file an Eligibility Renewal Application including a Resolution authorizing the District to participate in the Federal Surplus Property Reutilization Program through the auspices of the State of California, Department of General Services. 1 CSD October 10, 2018

8 C. Purchase of Microorganism Formulations - Pricing Agreement Authorize the District Manager to execute a Pricing Agreement with Bioalchemy for Fiscal Year 2018/19 for an amount not-to-exceed $31,000 and designate Bioalchemy as a sole source vendor. D. Sewer System Improvements Per SSMP, Manhole Rehabilitation SS Resolution Approving Final Pay Estimate and Accepting Improvements Adopt a Resolution accepting improvements, approving Final Pay Estimate No. 6 to Sancon Engineering Inc. in the amount of $114,950, and authorizing the Chairman of the Board to sign the Notice of Completion. E. Temporary Staffing - Agreement with Ventura Regional Sanitation District Authorize the District Manager to execute an Agreement with Ventura Regional Sanitation District for temporary staffing services in an amount not-to-exceed $175,000. CONSENT CALENDAR ACTION: A MOTION TO APPROVE THE RECOMMENDATIONS FOR CONSENT ITEMS A THROUGH E. IV. DEPARTMENTAL NO ITEMS V. LEGAL COUNSEL NO ITEMS VI. VII. COMMENTS FROM STAFF COMMENTS FROM BOARD MEMBERS RECESS / RECONVENE IN THE ADMINISTRATIVE CONFERENCE ROOM VIII. STUDY SESSION - directions to staff may be given during study sessions; however, any actions to implement such directions will be made at future scheduled Board meetings. A. Water and Sewer Rates IX. ADJOURN 1 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) NOTIFICATION 48 HOURS PRIOR TO THE MEETING WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING. 2 CSD October 10, 2018

9 CALL TO ORDER/ROLL CALL MINUTES CAMARILLO SANITARY DISTRICT REGULAR MEETING WEDNESDAY, SEPTEMBER 26, 2018 Chair Trembley called the meeting to order at 5:00 p.m. Directors Present: Staff Present: Tony Trembley, Chair Jeanette McDonald, Secretary Charlotte Craven, Director Kevin Kildee, Director Mike Morgan, Director Dave Norman, District Manager Tully Clifford, Assistant City Manager Dave Klotzle, Assistant District Manager Jeffrie Madland, Assistant Secretary Dave Murray, Police Department Commander Richard Petropulos, Administrative Services Director Brian Pierik, District Counsel Genie Rocha, Finance Director Joe Vacca, Community Development Director FLAG SALUTE Director Kildee led the Pledge of Allegiance to the Flag. I. AMENDMENTS TO THE AGENDA Item III D was pulled from the agenda. II. III. PUBLIC COMMENTS NONE CONSENT CALENDAR Director Morgan moved, seconded by Director Craven, to approve Consent Calendar Items A through E, with the exception of Item D. A. Minutes Approved minutes of the Camarillo Sanitary District meeting held September 5, B. Digester Boiler Repair - Purchase Order Authorized a purchase order to DB Sales & Service for digester boiler repair parts in an amount not-to-exceed $24,000. C. Reclaimed Water Pump Repair Public Works Contract Authorized the District Manager to execute Public Works Contract No with General Pump Company to repair a reclaimed water pump in an amount not-toexceed $24,657 and authorized a contingency in an amount not-to-exceed $2,500 (approximately 10%), for a total authorized expenditure of $27,157. CSD III A 1

10 D. Federal Surplus Property Reutilization Program Eligibility Application Renewal and Resolution This item was pulled from the agenda. E. Aeration Basin Baffle Wall Repair - Resolution Approving Plans, Specifications and Notice Inviting Bids; and Sole Source Purchase Orders - Project SS Adopted CSD Resolution No approving the plans and specifications for the aeration basin baffle wall repair, and authorized staff to invite bids. 2. Authorized a sole source purchase order to Enduro Composites for an amount not-to-exceed $122,000 for baffle wall materials. 3. Authorized a sole source purchase order to Xylem Water Solutions USA Inc. for an amount not-to-exceed $25,000 for air diffuser materials. 4. Authorized an appropriation of $147,000 from Capital Fees in the Camarillo Sanitary District Capital Projects Fund. IV. DEPARTMENTAL NONE Motion carried 5-0. V. LEGAL COUNSEL NONE VI. VII. COMMENTS FROM STAFF NONE COMMENTS FROM BOARD MEMBERS NONE RECESS / RECONVENE IN THE ADMINSTRATIVE CONFERENCE ROOM The Board recessed. The Chair called the Board to order in the Administrative Conference Room. A. Wastewater Treatment Plant Energy Management Plan Assistant District Manager Klotzle presented a PowerPoint reviewing the Camarillo Sanitary District Energy Management Plan. The Board supported moving forward with the proposed solar power installation. VIII. IX. PUBLIC HEARINGS NONE ADJOURN The meeting adjourned at 11:35 p.m. ATTEST: Assistant Secretary Chair 2 CSD 9/26/18 CSD III A 2

11 Camarillo Sanitary District AGENDA REPORT Date: October 10, 2018 To: From: Submitted by: Subject: Honorable Chairman and Board of Directors Dave Norman, District Manager Richard Petropulos, Director of Administrative Services State & Federal Surplus Property Reutilization Program Eligibility Application Renewal and Resolution SUMMARY The adoption of a Resolution is required to continue the District s participation in the State & Federal Surplus Property Reutilization Program, which allows the District to obtain State and Federal surplus property. DISCUSSION In April 2016, the Board of Directors authorized and designated representatives of the District/City to participate in the state and federal surplus property program through the State of California, Department of General Services. Eligibility is limited to the period covered by the certification. Certifications are generally issued on an annual basis; therefore, the provider must update annually or as required by the approval on their certification. In order to renew eligibility for another three years, the attached resolution and other related forms must be completed and signed by the governing board and submitted for consideration by the state. Non-renewal will cause the District to be ineligible to receive any state or federal surplus property. The District has not made any purchases using this program and no purchases are currently pending. BUDGET IMPACT This item does not require an expenditure of funds. SUGGESTED ACTION Authorize staff to file an Eligibility Renewal Application including a Resolution designating and authorizing District personnel to participate in the State & Federal Surplus Property Reutilization Program through the auspices of the State of California, Department of General Services. CSD III B 1

12 State & Federal Surplus Property Program October 10, 2018 Page 2 of 2 ATTACHMENTS Eligibility Renewal Application/Resolution Finance Review: GR CSD III B 2

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18 Camarillo Sanitary District AGENDA REPORT Date: October 10, 2018 To: From: Submitted by: Subject: Honorable Chairman and Board of Directors Dave Norman, District Manager David Klotzle, Assistant District Manager Purchase of Microorganism Formulations - Pricing Agreement SUMMARY Consider a pricing agreement with Bioalchemy as a sole source vendor for the purchase of microorganism formulations for use in the wastewater collection system and reclamation facility. DISCUSSION In August 2018, the Camarillo Sanitary District (CSD) began a pilot program to mitigate issues stemming from Fats, Oil and Grease (FOG) at the pump stations, as well as exceedances of Bis(2-ethylhexyl)Phthalate at the reclamation plant. Bioalchemy has created customized formulas of microorganisms and bacteria for use in the collection system to target the chemical structure of FOG. The formulations also target the chemical structure of Bis(2-ethylhexyl)Phthalate. The pilot program of applying the Bioalchemy formulations is proving to be a success in eliminating the FOG issues at the pump stations and is expected to address the Bis(2- ethylhexyl)phthalate exceedances. Staff recommends a Pricing Agreement with Bioalchemy to continue the application of the microorganism formulations through June 30, Per Section 7.E of the Purchasing Policy, it is requested that Bioalchemy be designated as a sole source vendor for the purchase of the microorganism formulations. BUDGET IMPACT Sufficient funds for the purchase of microorganism formulations are available in Camarillo Sanitary District Supplies and Materials Fund Account No CSD III C 1

19 Bioalchemy Pricing Agreement October 10, 2018 Page 2 SUGGESTED ACTION Authorize the District Manager to execute a Pricing Agreement with Bioalchemy for the purchase of microorganism formulations for Fiscal Year 2018/19 for an amount not-toexceed $31,000 and designate Bioalchemy as a sole source vendor. ATTACHMENTS CSD Agreement No Finance Review: GR CSD III C 2

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24 Camarillo Sanitary District AGENDA REPORT Date: October 10, 2018 To: From: Submitted by: Subject: Honorable Chairman and Board of Directors Dave Norman, District Manager Dave Klotzle, Assistant District Manager Sewer System Improvements Per SSMP, Manhole Rehabilitation SS Resolution Approving Final Pay Estimate and Accepting Improvements SUMMARY Consider approval of Final Pay Estimate and acceptance of public improvements. DISCUSSION SS-10-01, Sewer System Improvements Per SSMP Manhole Rehabilitation, consisted of the rehabilitation of 216 manholes which included cleaning the interior and repairing any structural defects of the manhole. Following proper preparation, a protective polyurethane coating was applied to the interior of the manhole. Several of the manholes also received a new frame and cover. Final Pay Estimate No. 6 to Sancon Engineering Inc. in the amount of $114,950 is recommended for this project. The total cost of this project is $1,116, BUDGET IMPACT Sufficient funds are available in Camarillo Sanitary District Capital Projects Fund Account No for Project SS SUGGESTED ACTION Adopt a Resolution accepting improvements, approving Final Pay Estimate No. 6 to Sancon Engineering Inc. in the amount of $114,950, and authorizing the Chairman of the Board to sign the Notice of Completion. ATTACHMENTS Resolution Notice of Completion Final Pay Estimate Finance Review: GR CSD III D 1

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30 Camarillo Sanitary District AGENDA REPORT Date: October 10, 2018 To: From: Submitted by: Honorable Chairman and Board of Directors Dave Norman, District Manager Dave Klotzle, Assistant District Manager Subject: Agreement with Ventura Regional Sanitation District for Temporary Staff SUMMARY Consider an agreement with Ventura Regional Sanitation District (VRSD) for temporary staffing services. DISCUSSION The Camarillo Sanitary District collections crew has been operating for several months with limited staff resources due to various personnel matters. The reduced staffing level is expected to continue for an extended period; therefore, staff is requesting temporary staff assistance through June 30, 2019 via the attached agreement with VRSD. BUDGET IMPACT Sufficient funds for temporary staff are available in Camarillo Sanitary District/Administration Fund Account No SUGGESTED ACTION Authorize the District Manager to execute an Agreement with Ventura Regional Sanitation District for temporary staffing services in an amount not-to-exceed $175,000. ATTACHMENTS CSD Agreement No Finance Review: GR CSD III E 1

31 VENTURA REGIONAL SANITATION DISTRICT CONTRACT NO AGREEMENT FOR WASTEWATER WORKER AND EQUIPMENT BY AND BETWEEN THE CAMARILLO SANITARY DISTRICT AND VENTURA REGIONAL SANITATION DISTRICT THIS AGREEMENT is made and entered into this day of 2018 by and between the CAMARILLO SANITARY DISTRICT, a special district formed pursuant to California Health & Safety Code 6400 et seq. ( DISTRICT )DISTRICT, and the VENTURA REGIONAL SANITATION DISTRICT, a public agency formed pursuant to California Health & Safety Code 4700 et seq. ( VRSD ). Together, DISTRICT and VRSD shall be referred to herein as Parties. R E C I T A L S A. DISTRICT is the owner and operator of a wastewater collection system and treatment plant, which are referred to collectively herein as "Wastewater Facilities" and located in the City of Camarillo, California; and B. DISTRICT has a need for a wastewater worker and related equipment, as well as other associated services, hereinafter collectively referred to as "Services", for the proper operation and maintenance of its Wastewater Facilities; and C. VRSD has the legal authority, pursuant to Health & Safety Code Section 4700 et seq. and Public Contract Code 20782, and the personnel and technical capability to provide the requested Services to the DISTRICT and is willing to perform such services for the DISTRICT; and D. DISTRICT desires to enter into an agreement with VRSD for providing a wastewater worker and related equipment at its Wastewater Facilities to achieve operational economies and efficiencies at its Wastewater Facilities. NOW, THEREFORE, based upon the recitals above and valuable consideration, the mutual covenants, and promises set forth below, the Parties do hereby agree to abide by the following terms and conditions: ARTICLE 1: RETENTION OF VRSD & VRSD RESPONSIBILITIES 1.1 VRSD agrees to provide services to DISTRICT on the conditions set forth in this Agreement. DISTRICT's Board of Directors shall administer this Agreement for DISTRICT. It is expressly understood that the relationship between DISTRICT and VRSD is that of an independent contractor and VRSD is not, and shall not be deemed, an employee of DISTRICT. 1.2 VRSD shall assign a Staff Coordinator satisfactory to DISTRICT to work directly with DISTRICT in connection with VRSD's services to be performed under this Agreement. Such assignment shall be made by written notice to DISTRICT. 1.3 VRSD accepts the relationship of trust and confidence established between VRSD and DISTRICT by this Agreement. VRSD agrees to furnish efficient business administration, personnel services, and superintendence and to use its best efforts to perform the work in the most expeditious and economical manner consistent with the public interest and applicable federal, state and local regulations. VRSD shall provide the Services described in Article 2: Scope of Services within the limitations of an annual budget total approved by both Parties prior to the beginning of each fiscal year. CSD III E 2

32 1.4 The Parties acknowledge that DISTRICT retains exclusive authority and budgetary discretion relating to the funding of DISTRICT's operation and maintenance, including provision for acquiring, repairing, maintaining and replacing DISTRICT's existing equipment, structures and facilities and installation of new equipment, structures and facilities. ARTICLE 2: SCOPE OF SERVICES 2.1 Wastewater Facilities VRSD shall provide a wastewater worker and corresponding equipment to assist the DISTRICT with its wastewater collection operations and supply associated services to help operate, maintain and achieve economies and efficiencies at the Wastewater Facilities. ARTICLE 3: AGREEMENT EFFECTIVE DATE AND TERMINATION 3.1 Effective Date This Agreement shall commence on the date set forth above and shall terminate on June 30, 2019, unless extended in writing by mutual agreement of the Parties or terminated as hereinafter provided. Upon execution of this Agreement by both Parties, VRSD shall diligently pursue work to assure completion of all assignments on a timely basis. 3.2 Termination by DISTRICT This agreement may be terminated by DISTRICT upon the following terms and conditions: DISTRICT may terminate this agreement in the event of a material default by VRSD in any of VRSD s obligations hereunder. For purposes of this Agreement, a material default shall be defined as VRSD s failure to perform any of the obligations contained in Article 2 herein. Such termination by DISTRICT shall be effective only if the default remains uncured upon the expiration of 60 days after VRSD s receipt of written notice from DISTRICT specifying the default. Termination of this Agreement because of a material default of VRSD shall not relieve VRSD from liability for such default. In case of termination of this Agreement by DISTRICT for material default of VRSD, VRSD shall be entitled to amounts actually earned as of the date of the default. DISTRICT is not obligated to assign services to VRSD. This contract only makes it possible to do so. 3.3 Termination By VRSD This agreement may be terminated by VRSD upon the following terms and conditions: VRSD may terminate this agreement in the event of a material default by DISTRICT in any of DISTRICT s obligations hereunder. For purposes of this Agreement, a material default shall be defined as DISTRICT s failure to perform any of the obligations contained in ARTICLE 5, paragraphs 5.1 and 5.2. Such termination by VRSD shall be effective only if the default remains uncured upon the expiration of 60 days after DISTRICT s receipt of written notice from VRSD specifying the default. Termination of this Agreement because of a material default of DISTRICT shall not relieve DISTRICT from liability for such default. In the event of VRSD serving written notice of termination and in the event DISTRICT does not cure said default, VRSD shall, in addition to continuing the usual contract services specified herein and upon written request by DISTRICT, assist DISTRICT in planning and carrying out a transition plan for implementation of replacement services. Said transition plan might consist of, but not be limited to: preparing, circulating, receiving, evaluating and implementing one or more Request(s) For Proposal for services to replace the contract services being terminated by VRSD. In the event of termination, VRSD shall be paid for all services provided to the effective date Contract No Page 2 CSD III E 3

33 of the termination. ARTICLE 4: OPERATIONAL COSTS AND COMPENSATION FOR SERVICES 4.1 Operational Costs DISTRICT shall pay to VRSD the entire cost to VRSD of performing the Services, up to an amount not to exceed $175,000. DISTRICT shall be billed only for costs incurred. DISTRICT shall not be billed for costs exceeding the total approved amount and VRSD shall not be obligated to perform work that would exceed the total approved amount without amendment jointly approved by DISTRICT and VRSD. For this agreement, the entire cost to DISTRICT shall include: (a) For personnel services, the VRSD billing rate associated with the classification of each individual performing services, as shown in Exhibit A Hourly Rates, attached and incorporated herein by reference. The Hourly Rates may be reviewed and adjusted for each successive fiscal year (July 1-June 30) this Agreement is in effect. (b) For services and supplies, the actual cost of the materials and services purchased. VRSD shall, pursuant to its own procedures, practices, and regulations, arrange for the purchase and payment for all service and supply items, including but not limited to: chemicals, utilities, insurance, maintenance contracts, small tools and parts, paint, lumber, grease and oil. (c) For equipment and machinery, the actual and complete cost of owning, operating and replacement of said equipment, including but not limited to, depreciation; consumable supplies such as gasoline, electricity, or paper; maintenance; and insurance costs, as shown in Exhibit B Equipment & Supply (Consumable) Rates, attached and incorporated herein by reference. The Equipment & Supply (Consumable) Rates may be reviewed and adjusted for each successive fiscal year (July 1-June 30) this Agreement is in effect. 4.2 Compensation for Services. VRSD shall submit a monthly statement for its services accompanied with a letter of explanation. DISTRICT shall reimburse VRSD for expenses within 30 days of the receipt of the statement. 4.3 Existing Fixed Assets. All existing DISTRICT fixed assets, rolling stock, inventory and supplies of and accessory to the WASTEWATER FACILITIES are and will remain the property of DISTRICT. VRSD is acting solely as an agent on behalf of DISTRICT in its acquisition, use, and disposition of such items. VRSD shall not enter into contracts for acquisition or disposal of DISTRICT fixed assets without prior approval of DISTRICT. 4.4 Records. VRSD shall maintain all accounting in conformance with generally accepted accounting principles and all applicable laws and regulations. 4.5 Examination of Records. VRSD agrees that DISTRICT shall have, during normal business hours, access to and the right to examine any directly pertinent books, documents, papers, and records of VRSD and of all the transactions relating to this agreement. ARTICLE 5: DISTRICT'S RESPONSIBILITY 5.1 DISTRICT shall provide VRSD, without charge, any information available to DISTRICT that is required in connection with Services that are required of VRSD. 5.2 DISTRICT does not assume and shall not be liable for the direct payment of any salary, wages, or other compensation to any VRSD personnel performing services hereunder or any liability other than that provided for in this agreement. Contract No Page 3 CSD III E 4

34 5.3 Except as herein otherwise specified, DISTRICT shall not be liable for compensation for indemnity to any VRSD employee for injury or sickness arising out of his or her employment. ARTICLE 6: INSURANCE 6.1 VRSD, at its sole discretion, shall determine the method to be used in the management of its risk. VRSD shall have the right to self-insure or provide certificates of insurance to DISTRICT in amounts not less than those specified below: (a) Worker's Compensation and Employer's Liability in accordance with applicable laws. (b) General & Automobile Liability with combined single limit of $1,000,000 for bodily injury, death or property damage. 6.2 VRSD may retain risks of accidental loss that occur with predictable frequency and will not have serious adverse effect on VRSD's fiscal position. VRSD may transfer risk to professional risk bearers through the purchase of insurance. When insurance is purchased, Certificates of Insurance evidencing coverage shall be provided by VRSD prior to commencement of work under this agreement. These certificates shall name DISTRICT as Additional Insured and contain a provision that coverage afforded under the policies will not be canceled until at least 30 days' prior written notice has been given to DISTRICT. 6.3 VRSD shall not be responsible for damage or loss by any peril to facilities and equipment owned by DISTRICT other than as provided in Article 7.1. ARTICLE 7: HOLD HARMLESS 7.1 Notwithstanding anything in this Agreement to the contrary, VRSD shall indemnify, defend, and hold DISTRICT free and harmless from any fines levied by the RWQCB and all claims, demands, liabilities, loss or injury to, or death of, any person, including, but not limited to, employees of DISTRICT and damage to or destruction of property including, but not limited to, property of DISTRICT; provided said fines, claims, demands, liability or loss arise out of the performance by VRSD of the services required hereunder and are caused by a negligent act or failure to act of VRSD. 7.2 Notwithstanding anything in this Agreement to the contrary, DISTRICT shall indemnify, defend, and hold VRSD free and harmless from any fines levied by the RWQCB and all claims, demands, liabilities, loss or injury to, or death of, any person, including, but not limited to, employees of VRSD and damage to or destruction of property including, but not limited to, property of VRSD; provided said fines, claims, demands, liability or loss are caused by a negligent act or failure to act of DISTRICT. In this regard, DISTRICT acknowledges the provisions of Article 1.4 and agrees to indemnify, defend and hold VRSD harmless from fines, claims, demands, liability or loss arising from DISTRICT's failure to take action, or make budgetary provision, for the replacement of existing equipment, structures or facilities, or the acquisition of new equipment, structures or facilities. ARTICLE 8: MODIFICATON & TERMS No modification, alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties. No oral understanding or agreement not incorporated herein shall be binding on any of the Parties hereto. ARTICLE 9: ASSIGNMENT Contract No Page 4 CSD III E 5

35 Neither party shall assign nor transfer its interest in this agreement without the written consent, of the other, which written consent shall not be withheld except for good and reasonable cause. ARTICLE 10: ARTICLE HEADINGS Article headings in this agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants, and conditions of this agreement. ARTICLE 11: PARTIAL INVALIDITY If any term, covenant, condition, or provision of this contract is found by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated thereby. ARTICLE 12: ATTORNEY FEES In the event that either party shall commence any legal action or proceeding, including an action for declaratory relief, against the other by reason of the alleged failure of the other to perform or keep any term, covenant or condition of this contract, or to interpret any term, covenant or condition, the party prevailing in said action or proceeding shall be entitled to recover, in addition to its court costs, reasonable out-of-pocket expenses (including, but not limited to phone calls, photocopying, expert witnesses, travel, etc.) and reasonable attorney fees to be fixed by the court, and such recovery shall include court costs and attorney fees on appeal, if any. The court will determine the "prevailing party," whether or not the suit proceeds to final judgment. ARTICLE 13: NOTICES All notices or other official correspondence relating to contractual matters between the parties hereto shall be made by depositing same first-class, postage paid mail addressed as follows: To DISTRICT: To VRSD: Dave Norman, District Manager CAMARILLO SANITARY DISTRICT 601 Carmen Drive Camarillo, CA Finance & Administration VENTURA REGIONAL SANITATION DISTRICT 1001 Partridge Drive, Suite 150 Ventura, CA or to such other address as either party may designate hereinafter in writing delivered to the other party. All notices shall be deemed to have been received 3 days after mailing. ARTICLE 14: NO WAIVER No failure or delay by either party in asserting any of its rights and remedies as to any default of the other party shall operate as a waiver of the default, of any subsequent or other default, or any of either party s rights or remedies. No such delay shall deprive VRSD of its right to institute and maintain any action or proceeding which may be necessary to protect, assert or enforce any rights or remedies arising out of this Agreement or the performance of this Agreement. ARTICLE 15: CALIFORNIA LAW Contract No Page 5 CSD III E 6

36 This Agreement shall be interpreted and construed pursuant to the laws of the State of California. The parties agree that should litigation arising from this Agreement be commenced within California, such litigation shall occur within a court of competent jurisdiction within the County of Ventura. ARTICLE 16: FORCE MAJEURE Neither VRSD nor DISTRICT shall be liable or deemed to be in default for any delay or failure in performance under this Agreement due to interruption of services resulting, directly or indirectly, from acts of God, civil or military authority, acts of public enemy, war, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, or any similar cause beyond the reasonable control of VRSD or DISTRICT. ARTICLE 17: DISPUTE RESOLUTION If VRSD and DISTRICT have a dispute concerning the payment of sums pursuant to their Contract, the Parties agree to be governed by Public Contracts Code Section 20104, et seq. In the event of such dispute, VRSD shall file a written claim with DISTRICT. DISTRICT shall respond in writing within forty-five (45) days or, within thirty (30) days request additional documentation and respond within fifteen (15) days after said request. ARTICLE 18: AUTHORITY TO EXECUTE AGREEMENT Both VRSD and DISTRICT do covenant that each individual executing this Agreement on behalf of each Party is a person duly authorized and empowered to execute Agreements for such Party. ARTICLE 19: EXECUTION IN COUNTERPARTS This Agreement may be executed in one or more counterparts which, taken together, shall be deemed one and the same document. The Parties signatures to this Agreement transmitted by facsimile or electronic mail transmission shall be deemed binding. [Signature Page to Follow] Contract No Page 6 CSD III E 7

37 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. VENTURA REGIONAL SANITATION DISTRICT CAMARILLO SANITARY DISTRICT By JAMES MONAHAN Chairman, Board of Directors By DAVE NORMAN DISTRICT MANAGER APPROVED AS TO FORM: ARNOLD, LAROCHELLE, MATHEWS, VANCONAS & ZIRBEL, LLP APPROVED AS TO FORM: BURKE, WILLIAMS & SORENSEN, LLP By ROBERT N. KWONG Legal Counsel for VRSD By BRIAN A. PIERIK General Counsel for Camarillo Sanitary District ATTEST: ATTEST: By JULIET RODRIGUEZ Clerk of the Board By JEFFRIE MADLAND Assistant Secretary Contract No Page 7 CSD III E 8

38 AGENDA CAMARILLO CITY COUNCIL REGULAR MEETING WEDNESDAY, OCTOBER 10, 2018, 5:00 P.M. CITY HALL COUNCIL CHAMBERS 601 CARMEN DRIVE, CAMARILLO, CALIFORNIA AGENDA REPORTS AND OTHER DISCLOSABLE PUBLIC RECORDS RELATED TO OPEN SESSION AGENDA ITEMS ARE AVAILABLE ON THE CITY S WEBSITE UNDER COUNCIL MEETING INFO AT 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 SPECTRUM CHANNEL 10 AND FRONTIER CHANNEL 29. 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 that is not on the agenda. These items may be referred to staff 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 may only speak once on each item. 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, and B. STUDY SESSION during the Study Session which is held in the Administrative Conference Room (accessible through Council Chambers) at approximately 6:00 p.m.; and C. 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 D. 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 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. III. PRESENTATIONS NO ITEMS CONSENT CALENDAR A. Minutes Receive and file minutes of the Camarillo City Council meeting held September 26, B. Resolution - Disbursements Adopt a Resolution approving disbursements dated on or before October 3, C. Federal Surplus Property Reutilization Program - Eligibility Application Renewal and Resolution Authorize staff to file an Eligibility Renewal Application including a Resolution authorizing 1 CC October 10, 2018

39 the City to participate in the Federal Surplus Property Reutilization Program through the auspices of the State of California, Department of General Services. D. Fairfield Investment Co. LLC (southeast corner of Mike Loza Drive and Westpark Court) RPD Resolution Accepting Public Improvements and Warranty Security and Exonerating Performance Securities Adopt a Resolution accepting public improvements and warranty security, and exonerating performance securities. E. Cracker Barrel Old Country Store (southeast corner of Ventura Boulevard and Promenade Drive) CPD Resolution Approving Improvement Plans and Issuance of a Water Will-Serve Letter and Acknowledging Receipt of Agreements Adopt a Resolution approving improvement plans, and authorizing staff to process all documents and the City Engineer to sign improvement plans. F. Sale of Property 228 Lightwood Street Approve sale of property located at 228 Lightwood Street for $186,000 and authorize the City Manager and/or his designee to sign all documents necessary to complete the sale. G. Camarillo Area Transit - Resolution Approving Updated Title VI Plan Adopt a Resolution approving the updated Title VI Plan. H. Camarillo Ranch House Parking Area CR Award of Contract Authorize an appropriation of $88,000 to the Camarillo Ranch Facility Fund budget from Camarillo Ranch Facility Unassigned Fund Balance, and authorize the City Manager to execute a contract with United Construction & Landscape Inc. in the amount of $266,012 and execute contract change orders for project contingencies in an additional amount notto-exceed $40,000, for a total authorized expenditure of $306,012. I. Holiday Decoration Services MC Award of Contract Authorize the City Manager to execute a maintenance contract with The Holly Workshop for holiday decoration services; authorize CPI adjustments (approximately 4%) for Fiscal Years 2019/20 and 2020/21; authorize future amendments to the contract for contingencies; and authorize an appropriation of $105,400 to the Lighting and Landscape Maintenance from General Fund Unassigned Fund Balance for a total authorized expenditure of $203,800. J. Traffic Signal Rewire at Santa Rosa Road and Leisure Village Main TM Award of Contract Authorize an appropriation of $21,195 to the Traffic Signal Maintenance budget from General Fund Unassigned Fund Balance, and authorize the City Manager to execute a contract with Taft Electric Company in the amount of $96,195, and execute contract change orders for project contingencies in an additional amount not-to-exceed $10,000, for a total authorized expenditure of $106,195. K. Studies and Demolition Barry Street (former Stock Lumber) - Appropriation Authorize an appropriation of $225,000 from the Housing Tax Exempt Bond Proceeds in Fund 429 Camarillo Corridor Project Area Fund to remove the attractive nuisance of the vacant structures at 2800 Barry Street. CONSENT CALENDAR ACTION: A MOTION TO APPROVE THE RECOMMENDATIONS FOR CONSENT ITEMS A THROUGH K. 2 CC October 10, 2018

40 IV. CITY COUNCIL NO ITEMS V. FINANCE A. Transient Occupancy Tax - Ordinance Amending Section of Camarillo Municipal Code Using Postmark Date for Forms and Payments Consider an Ordinance amending Section of Camarillo Municipal Code to use postmark date for forms and payments of transient occupancy tax. Suggested Action: 1. Request reading of the title of the Ordinance. 2. Waive further reading and introduce an Ordinance Amending Section of Camarillo Municipal Code to use the postmark date for forms and payments of transient occupancy tax. VI. VII. VIII. PUBLIC WORKS NO ITEMS COMMUNITY DEVELOPMENT NO ITEMS CITY ATTORNEY A. kidstream - First Amendment to Rental Agreement for Former Library Building Consider a First Amendment to Rental Agreement with kidstream for the former Library Building, located at 3100 Ponderosa, to add 300 square feet to the current Rental Agreement increasing the monthly rent from $ to $ Suggested Action: Authorize the City Manager to sign the First Amendment to Rental Agreement with kidstream for the former Library Building. B. Parking Restrictions at Metrolink Train Station - Resolution Establishing Parking Restrictions at the Metrolink Train Station Parking Lots Consider a Resolution imposing parking restrictions at the Metrolink Train Station including a seven consecutive day time limit and a prohibition on the parking of oversized vehicles. Suggested Action: Adopt a Resolution establishing parking restrictions at the Metrolink train station parking lots. IX. CITY MANAGER A. Homeless Emergency Aid Program (HEAP) Funding Shelter Crisis Resolution The Ventura County Continuum of Care will be receiving approximately $4.8 million in HEAP funds that can be used to assist Camarillo-based homeless individuals and families in finding shelter and obtain other assistance. In order for homeless residents to obtain HEAP-funded services, the City must adopt a resolution declaring a shelter crisis in Camarillo. Suggested Action: Adopt a Resolution declaring a shelter crisis in Camarillo to allow homeless residents access to services funded by HEAP. X. CITY CLERK NO ITEMS XI. ADMINISTRATIVE SERVICES NO ITEMS 3 CC October 10, 2018

41 XII. CLOSED SESSION A. Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to Government Code Section (d)(2); Number of Potential Cases: one B. Conference with Real Property Negotiator; Authority - Government Code Section Property - former fire station, 2474 Ventura Boulevard; APN and Agency Negotiators - City Manager, City Attorney, Assistant City Manager, Community Development Director, and Finance Director Negotiating Parties - St. Mary Magdalen School Under Negotiation - Price and terms of payment 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. City Council RECESS / RECONVENE IN THE ADMINISTRATIVE CONFERENCE ROOM XIV. STUDY SESSION directions to staff may be given during study sessions; however, any actions to implement such directions will be made at future scheduled Council meetings. A. Water and Sewer Rates B. CEQA Guidelines CALL TO ORDER IN COUNCIL CHAMBERS AT 7:30 P.M. ROLL CALL FLAG SALUTE AMENDMENTS TO AGENDA XV. XVI. PRESENTATIONS NO ITEMS PUBLIC SAFETY/INFORMATION NO ITEMS XVII. PUBLIC COMMENTS XVIII. PUBLIC HEARINGS A. Tentative Tract Map 5969, Camarillo Village Homes LLC - Resolution Approving a One- Year Time Extension (continued from September 26, 2018) Consider approval of a one-year time extension for an approved Tentative Tract Map for the subdivision of a acre site into two parcels, Lots 1 and 2, and further subdivision of Lot 1 into 285 for-sale, airspace condominium units with common landscaping, access and parking, located southeast of Camarillo Center Drive and Las Posas Road. Suggested Action: Adopt a Resolution approving a one-year time extension from August 24, 2018, to August 24, 2019, for Tentative Tract Map 5969, subject to all previously approved conditions of approval. 4 CC October 10, 2018

42 B. Residential Off-Street Parking - Introduction of an Ordinance Amending Section of the Camarillo Municipal Code Consider an ordinance amending section of Chapter (Off-Street Parking) of the Camarillo Municipal Code to reinstate parking requirements for new residential, multifamily-ownership projects (condominiums, townhouses, or other common interest developments) of four or more bedroom units. Suggested Action: 1. Request reading of the title of the Ordinance; 2. Waive further reading and introduce an Ordinance amending section of the Camarillo Municipal Code Chapter (Off-Street Parking) to reinstate the parking requirements for new residential, multifamily-ownership projects of four or more bedroom units. XIX. DEPARTMENTAL NO ITEMS XX. ADJOURN 1 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) NOTIFICATION 48 HOURS PRIOR TO THE MEETING WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING. 5 CC October 10, 2018

43 CALL TO ORDER/ROLL CALL MINUTES CITY OF CAMARILLO CITY COUNCIL REGULAR MEETING WEDNESDAY, SEPTEMBER 26, 2018 Mayor Craven called the meeting to order at 5:02 p.m. Councilmembers Present: Staff Present: Charlotte Craven, Mayor Kevin Kildee, Vice Mayor Jeanette McDonald, Councilmember Mike Morgan, Councilmember Tony Trembley, Councilmember Dave Norman, City Manager Tully Clifford, Assistant City Manager Dave Klotzle, Public Works Director Jeffrie Madland, City Clerk Dave Murray, Police Department Commander Richard Petropulos, Administrative Services Director Brian Pierik, City Attorney Genie Rocha, Finance Director Joe Vacca, Community Development Director I. AMENDMENTS TO THE AGENDA II. Item III H was pulled from the agenda. PRESENTATIONS A. California State University Channel Islands (CSUCI) Scholarship Recipients III. Nichole Ipach, Vice President for University Advancement, introduced this year s scholarship recipients. CONSENT CALENDAR Councilmember Trembley moved, seconded by Councilmember Morgan, to approve Consent Calendar Items A through N, with the exception of Item H. A. Minutes Approved minutes of the City Council meeting held September 5, B. Resolution Approval of Disbursements Adopted Resolution No approving disbursements dated on or before September 19, C. Financial Reports August 2018 Received and filed the following financial reports pursuant to the City s Investment Policy and State law: 1. Investment Report dated August 31, 2018 CC III A 1

44 2. Chronological Investment Activity Report for the Month Ended August 31, Portfolio Summary, Chandler Asset Management, August 31, Receipts, Disbursements, and Fund Balances, August 31, General Fund Comparative Balance Sheet, June 30, 2018 and July 31, 2018, and July 31, Minutes of the August 20, 2018 Investment Committee Meeting D. Ordinance No. 1156, an Ordinance of the City Council of the City of Camarillo, California, Amending and Restating Chapter of the Camarillo Municipal Code Pertaining to Park Land Dedication and a Resolution Addressing the Cost of Constructing Public Infrastructure Improvements Adopted Ordinance No. 1156, which constituted reading of the title as stated in the agenda and waiver of reading of the Ordinance and adopted Resolution No clarifying a factor of 20% be applied to the in lieu fee to account for the costs of public infrastructure improvements for park facilities. E. Legislative Advocacy - Professional Services Agreement Authorized the City Manager to execute Agreement No with Joe A. Gonsalves & Son for legislative advocacy and governmental affairs affecting the City for an amount not-to-exceed $36,480 per fiscal year, for a total authorized expenditure of $182,400 in years F. Fiscal Year 2017/18 CAPER Authorized submitting the FY 2017/18 Consolidated Annual Performance and Evaluation Report (CAPER) to the U.S. Department of Housing and Urban Development. G. Transportation Development Act Article 8(a) Funding - Resolution Authorizing Claim Adopted Resolution No authorizing the Director of Finance to file with the Ventura County Transportation Commission the Transportation Development Act Article 8(a) claim for Fiscal Year 2018/19. H. Federal Surplus Property Reutilization Program - Eligibility Application Renewal and Resolution This item was pulled from the agenda. I. Superion Software Maintenance - Agreement Authorized the City Manager to execute Software Maintenance Agreement No with Superion LLC and issuance of a purchase order in a not-to-exceed amount of $140,000 for Fiscal Year 2018/19. J. Konica Copiers Full Service Maintenance - Agreement Authorized the City Manager to execute Agreement No with X-tech Systems; and issuance of a purchase order in a not-to-exceed amount of $20,000 for Fiscal Year 2018/19. City Council 9/26/18 2 CC III A 2

45 K. Counter Retrofit & Gate Reconfiguration Construction/Installation AS Resolution Final Pay Estimate & Accepting Improvements Adopted Resolution No accepting improvements, approving the final pay estimate, and authorizing the Mayor to sign the Notice of Completion. L. Senate Bill 1 State of Good Repair Transit Funding - Recipient Certifications and Fiscal Year 2018/19 Project List Adopted Resolution Nos and authorizing the City Manager to execute the Recipient Certifications and Assurances and approving the Senate Bill 1 State of Good Repair Project List for Fiscal Year 2018/19. M. North Pleasant Valley Basin Monitoring Wells WT Award of Contract Authorized the City Manager to execute Public Works Contract No with Cascade Drilling LP for an amount not-to-exceed $1,999,935 and execute contract change orders for project contingencies in an additional amount not-to-exceed $200,065, for a total authorized expenditure of $2,200,000. N. 4-Post Vehicle Lift Replacement AS Solicit Bids Authorized staff to issue a Notice Inviting Bids. IV. CITY COUNCIL NONE Motion carried 5-0. V. FINANCE A. Investment Policy 3.04 Finance Director Rocha stated the proposed Investment Policy 3.04 adheres to the California Government Code and the Municipal Code, as well as the City's objectives to safeguard principal, ensure liquidity to meet anticipated cash flow needs, and obtain an appropriate rate of return. She presented a PowerPoint reviewing the Investment Policy and recommended changes. Councilmember McDonald recommended adding a sentence after the first sentence in Section P. Reporting to read: Investments will be reported at fair market value as of the closing business day of each month. Jayson Schmitt, Chandler Asset Management was available to respond to questions. VI. VII. Councilmember Morgan moved, seconded by Vice Mayor Kildee, to adopt Resolution No approving Investment Policy 3.04 with the addition of the sentence stated above. Motion carried 5-0. PUBLIC WORKS NONE COMMUNITY DEVELOPMENT A. Former Courthouse - Professional Services Agreement for Design Services Consultant Bob Burrow presented a professional services agreement with Goodale Architecture Planning for the development of plans and design concepts that include City Council 9/26/18 3 CC III A 3

46 VIII. IX. demolition of the courthouse building and reuse of the property and adjacent open lawn area at 2020 Ventura Boulevard for park space, parking lot, and community event space. He provided an overview of the property. Councilmember McDonald expressed concern over the use of the word event as the adjacent neighborhood was concerned the site would be used as an amphitheater. Barbara Williams urged the Council to delay their decision and form a citizen s advisory group to provide community input prior to proceeding to design plans. Councilmember Trembley reiterated his preference for public input prior to Council input. Councilmember Trembley moved, seconded by Councilmember Morgan, to authorize the City Manager to execute Professional Services Agreement No with Goodale Architecture Planning for design services in an amount not-toexceed $61,000; with the stipulation that the two community engagement workshops be held before the two council workshops (changing the order of Items 3 & 4, and 9 & 10). Motion carried 5-0. CITY ATTORNEY NONE CITY MANAGER NONE X. CITY CLERK NONE XI. ADMINISTRATIVE SERVICES NONE The Council recessed to the Administrative Conference Room. XIV. STUDY SESSION A Barry Street Project - Habitat for Humanity Senior Planner Lee and Darcy Taylor, CEO, Habitat for Humanity, presented a PowerPoint reviewing the background and project design for the 2521 Barry Street affordable housing project. XII. CLOSED SESSION The City Council recessed to Closed Session to consider the following items: A. Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to Government Code Section (d)(2); Number of Potential Cases: one B. Conference with Real Property Negotiator; Authority - Government Code Section Property - former fire station, 2474 Ventura Blvd.; APN and -445 Agency Negotiators - City Manager, City Attorney, Assistant City Manager, Community Development Director, and Finance Director Negotiating Parties - St. Mary Magdalen School Under Negotiation - Price and terms of payment City Council 9/26/18 4 CC III A 4

47 RECESS/RECONVENE/CALL TO ORDER/ROLL CALL The Mayor called the meeting back to order at 7:30 p.m. FLAG SALUTE Councilmember McDonald led the Pledge of Allegiance to the Flag. AMENDMENTS TO AGENDA NONE XV. PRESENTATIONS A. Summer at City Hall - Recognition of Interns Mayor Craven presented certificates of recognition to the students who participated in the Summer at City Hall program. B. Rancho Campana High School Principal Bryon Martin, Principal, introduced himself to the City Council. C. Clean Power Alliance of Southern California Ted Bardacke, Clean Power Alliance Executive Director, provided an overview of the 2019 Clean Power Alliance Default Tier Selection. D. Carmen Drive and Daily Drive Night Time Paving Public Works Director Klotzle presented a PowerPoint reviewing the plans for the street improvement project that will involve nighttime paving. XVI. PUBLIC SAFETY/INFORMATION NONE XVII. PUBLIC COMMENTS Chris Zeller spoke in support of Measure M. Josie Williams, General Manager, Camarillo Residence Inn by Marriott, introduced Yuliana Gonzalez, the new Executive Director of the Camarillo Hotel & Tourism Association. Barbara Williams expressed concern over possible flooding issues within the proposed development at Camarillo Springs Golf Course. Matthew Lorimer expressed concerns about VIP parking at the Camarillo Ranch events and literature left behind during the recent candidate forum. Daniel Goldberg expressed concern over water resources and housing. XVIII. PUBLIC HEARINGS A. Tentative Tract Map 5890 Hiji Investment Company - Resolution Approving a One- Year Time Extension (Continued from August 22, 2018) Community Development Director Vacca recommended the Council consider approval of a one-year time extension to Tentative Tract Map 5890 to create 37 industrial airspace condominium units with common parking, access, and City Council 9/26/18 5 CC III A 5

48 landscaping, located southeast of Camarillo Center Drive and Las Posas Road. He reviewed a PowerPoint on the project. PUBLIC HEARING OPENED Dennis Hardgrave, representing Hiji Investment Company, requested support of the request. Hearing no further requests to speak, either for or against the item, the Mayor declared the PUBLIC HEARING CLOSED. Vice Mayor Kildee moved, seconded by Councilmember Trembley, to adopt Resolution No approving a one-year time extension from September 14, 2018, to September 14, 2019, for Tentative Tract Map 5890, subject to all previously approved conditions of approval. Motion carried 5-0. B. Tentative Tract 5969 Camarillo Village Homes - One-Year Time Extension Community Development Director Vacca stated this public hearing was noticed for September 26, 2018 and requested the hearing be continued. PUBLIC HEARING OPENED Hearing no requests to speak, either for or against the item, the Mayor continued the public hearing to October 10, XIX. DEPARTMENTAL A. Clean Power Alliance of Southern California (CPA) Default Rate Tier Option Selection Senior Management Analyst Pichardo stated, per Ordinance 1150, in February 2019 all current Camarillo Southern California Edison (SCE) customers will automatically become customers of CPA, a Community Choice Aggregator of electrical power. The City Council will select the default tier rate (based on the amount of renewable energy provided) that all customers will initially be enrolled in with CPA. Customers will have the option of either accepting the default tier rate, changing to another renewable energy tier rate, or opting out of CPA altogether and returning to SCE as their electricity provider. Ted Bardacke, Clean Power Alliance Executive Director answered questions from the Council. Vice Mayor Kildee moved, seconded by Councilmember Morgan, to select the 36% renewable energy default tier rate for CPA customers within the City of Camarillo. Motion carried 5-0. B. Pleasant Valley Recreation Park District (PVRPD) adoption of Final Senior and Community Recreation Center Facility Needs Assessment Study and Next Steps to Address Needs Identified Mary Otten, General Manager, PVRPD, presented a PowerPoint reviewing the Final Senior and Community Recreation Center Facility Needs Assessment Study and City Council 9/26/18 6 CC III A 6

49 recommended the Council consider the next steps including authorizing the Liaison Committee to continue to discuss options to fulfill needs identified in the Study. She stated the PVRPD Board had not discussed funding for the project. Mathew Lorimer encouraged the Council to contribute more than $8 million to help make a new senior center a reality. Barbara Williams asked the Council to move forward with Plan 1, put off the gymnasium, and begin the project now. Councilmember Trembley felt the Council had excess reserves and supported contributing up to $15 million for the project from the General Fund Reserves. PVRPD does not have the funds to move the project forward without incurring significant public debt. Vice Mayor Kildee stated the City and PVRPD have worked cooperatively over the years on several occasions. He felt it was necessary to move forward by refining the project so that everyone had a better understanding of the actual cost of the project before committing more than what the Council previously agreed upon. Councilmember Morgan stated there are several upcoming items that will likely require use of the City s reserves such as pensions, the desalination plant, kidstream, and 101 Freeway improvements. Councilmember McDonald stated the Council previously agreed on an $8 million contribution towards the development of the Plan 2 concept which shows the City s commitment to the project and the community. Mayor Craven stated any amount over and above what the Council already discussed should be discussed by the Council during the regular budget process. Councilmember McDonald moved, seconded by Councilmember Morgan, to receive and file the PVRPD adopted Final Senior and Community Recreation Center Facility Needs Assessment Study dated August 2018; confirm contribution of up to $8 million towards the construction of the Plan 2 concept; and direct the Liaison Committee to work with PVRPD representatives to draft a Cooperative Agreement for the hiring of a qualified California licensed architect to further refine, with public input, the Plan 2 concept, and finalize more specific design concept alternatives, parking analysis and more detailed cost estimates. Motion carried 5-0. 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. Flight Paths Councilmember Trembley reported receiving complaints about flight paths over the Nancy Bush Park area. City Council 9/26/18 7 CC III A 7

50 Updates Councilmember Trembley asked for updates on possible changes in flight paths, pedestrian safety in Old Town, use of the Carmen median during the Christmas Parade, and oversized vehicle parking on Dawson Drive. Barry Street Councilmember Trembley stated he received a complaint that it is difficult to turn left from Barry Street to Lewis Road. Temple Avenue and Las Posas Road Councilmember Trembley stated he received a complaint about an increase in accidents at Temple Avenue and Las Posas Road. Public Works Director Klotzle indicated staff is looking at the intersection for a possible left-turn signal. Memorial Adjournments Vice Mayor Kildee requested adjourning in memory of Larry Naysmith. Mayor McDonald requested adjourning in memory of Dorothy James-Challinor, a member of the Scholle family that settled the Springville area. John Fraser Councilmember McDonald commended Senior Management Analyst Fraser for assisting a resident with a utility box problem. Countywide Oversight Board - Councilmember McDonald stated she attended the first Countywide Oversight Board this week. XII. CLOSED SESSION (Continued) The City Council recessed back to Closed Session. XX. ADJOURN The meeting adjourned at 12:00 a.m. in memory of Larry Naysmith and Dorothy James-Challinor. ATTEST: City Clerk Mayor City Council 9/26/18 8 CC III A 8

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75 City of Camarillo AGENDA REPORT Date: October 10, 2018 To: From: Submitted by: Subject: Honorable Mayor and Councilmembers Dave Norman, City Manager Richard Petropulos, Director of Administrative Services State & Federal Surplus Property Reutilization Program Eligibility Application Renewal and Resolution SUMMARY The adoption of a Resolution is required to continue the City s participation in the State & Federal Surplus Property Reutilization Program, which allows the City to obtain State and Federal surplus property. DISCUSSION In April 2016, the Council authorized and designated representatives of the City to participate in the state and federal surplus property program through the State of California, Department of General Services. Eligibility is limited to the period covered by the certification. Certifications are generally issued on an annual basis; therefore, the provider must update annually or as required by the approval on their certification. In order to renew eligibility for another three years, the attached resolution and other related forms must be completed and signed by the governing board and submitted for consideration by the state. Non-renewal will cause the City to be ineligible to receive any state or federal surplus property. The City has not made any purchases using this program and no purchases are currently pending. BUDGET IMPACT This item does not require an expenditure of funds. SUGGESTED ACTION Authorize staff to file an Eligibility Renewal Application including a Resolution designating and authorizing City personnel to participate in the State & Federal Surplus Property Reutilization Program through the auspices of the State of California, Department of General Services. CC III C 1

76 State & Federal Surplus Property Program - City October 10, 2018 Page 2 of 2 ATTACHMENTS Eligibility Renewal Application/Resolution Finance Review: GR CC III C 2

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83 City of Camarillo AGENDA REPORT Date: October 10, 2018 To: From: Submitted by: Subject: Honorable Mayor and Councilmembers Dave Norman, City Manager Dave Klotzle, Director of Public Works RPD-187 Fairfield Investment Co. LLC - Resolution Accepting Public Improvements and Warranty Security and Exonerating Performance Securities SUMMARY RPD-187 is a residential project consisting of 82 apartments located on the southeast corner of Mike Loza Drive and Westpark Court. Public improvements have been completed to the satisfaction of the City Engineer and a warranty security has been submitted. DISCUSSION Public improvements for RPD-187, project location as shown on the attached map, have been completed to the satisfaction of the City Engineer and the following securities may be exonerated: International Fidelity Insurance Company Faithful Performance/Labor and Materials Bonds No in the amount of $278,349 for water improvements; International Fidelity Insurance Company Faithful Performance/Labor and Materials Bonds No in the amount of $12,500 for grading. International Fidelity Insurance Company Warranty Bond No M in the amount of $69,587 for water improvements has been submitted and will remain in place for the required maintenance period. BUDGET IMPACT None. There is no budget impact as a result of this action. SUGGESTED ACTION Adopt a Resolution accepting public improvements and warranty security, and exonerating performance securities for RPD-187. ATTACHMENTS Resolution Location Map Finance Review: GR CC III D 1

84 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMARILLO ACCEPTING PUBLIC IMPROVEMENTS AND WARRANTY SECURITY AND EXONERATING PERFORMANCE SECURITIES FOR RPD-187, FAIRFIELD INVESTMENT CO. LLC The City Council of the City of Camarillo resolves as follows: SECTION 1: The City Council of the City of Camarillo finds and declares as follows: A. On March 23, 2016, the City Council of the City of Camarillo approved improvement plans and accepted agreements and securities for RPD-187. B. The City Engineer has reviewed the final as-built plans and recommends approval of the final plans and acceptance of public improvements, and the developer has posted a warranty security for the required maintenance period. SECTION 2: The final project plans are approved and public improvements and International Fidelity Insurance Company Warranty Bond M in the amount of $69,587 for water improvements are accepted and will be included in the appropriate city system. SECTION 3: International Fidelity Insurance Company Faithful Performance/Labor and Materials Bonds No in the amount of $278,349 for water improvements; International Fidelity Insurance Company Faithful Performance/Labor and Materials Bonds No in the amount of $12,500 for grading are exonerated. SECTION 4: The Public Works Department is authorized to return the securities noted in Section 3 to the developer. PASSED AND ADOPTED October 10, Attested to on. Mayor City Clerk I, Jeffrie Madland, City Clerk of the City of Camarillo, certify Resolution No was adopted by the City Council of the City of Camarillo at a regular meeting held October 10, 2018 by the following vote: AYES: NOES: ABSENT: Councilmembers: Councilmembers: Councilmembers: City Clerk c: Fairfield Investment Co. LLC w/original securities International Fidelity Insurance Company Public Works (3) Finance Department Information Systems CC III D 2

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86 City of Camarillo AGENDA REPORT Date: October 10, 2018 To: From: Submitted by: Subject: Honorable Mayor and Councilmembers Dave Norman, City Manager Dave Klotzle, Director of Public Works CPD-247 Cracker Barrel Old Country Store Resolution Approving Improvement Plans and Issuance of a Water Will-Serve Letter and Acknowledging Receipt of Agreements SUMMARY CPD-247 is a new restaurant on a vacant building pad located at the southeast corner of Ventura Boulevard and Promenade Drive. The developer has submitted the improvement plans and required documents, and has paid required fees. DISCUSSION The Planning Commission of the City of Camarillo on March 6, 2018, conditionally approved CPD-247, project location as shown on the attached map. The project was conditioned to construct certain improvements for which agreements are required. The developer submitted improvement plans, agreements, and other necessary documents, and paid required fees. Improvement plans are available for review in the office of the City Engineer. Resolution No. PC , with project conditions of approval, is available for review in the office of the Director of Community Development. Water Will-Serve Letter With respect to the City s Water Conservation Ordinance, water demand for CPD-247 is included within the originally approved water allocation for the entire 57 acres of LD-408, Camarillo Promenade. Therefore, CPD-247 complies with the City s Water Conservation requirements for new development and will not be subject to additional Water Conservation Measures and a Will-Serve letter may be issued. BUDGET IMPACT None. There is no budget impact as a result of this action. CC III E 1

87 CPD-247 October 10, 2018 Page 2 SUGGESTED ACTION Adopt a Resolution approving improvement plans, and authorizing staff to process all documents and the City Engineer to sign improvement plans for CPD-247. ATTACHMENTS Resolution Location Map Finance Review: GR CC III E 2

88 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMARILLO APPROVING IMPROVEMENT PLANS AND ISSUANCE OF A WATER WILL-SERVE LETTER AND ACKNOWLEDGING RECEIPT OF AGREEMENTS FOR CPD- 247, CRACKER BARREL OLD COUNTRY STORE The City Council of the City of Camarillo resolves as follows: SECTION 1: The City Council of the City of Camarillo finds and declares as follows: A. On March 6, 2018, the Planning Commission of the City of Camarillo conditionally approved CPD-247. 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: SECTION 3: received. SECTION 4: The recitals set forth above are true and correct. Agreements and other necessary documents are acknowledged as The issuance of a water will-serve letter is approved. SECTION 5: The improvement plans are approved and the City Engineer is authorized to sign said plans and City Manager and City Engineer are authorized to sign agreements and other necessary documents. PASSED AND ADOPTED October 10, Attested to on. City Clerk Mayor I, Jeffrie Madland, City Clerk of the City of Camarillo, certify Resolution No was adopted by the City Council of the City of Camarillo at a regular meeting held October 10, 2018, by the following vote: AYES: NOES: ABSENT: Councilmembers: Councilmembers: Councilmembers: City Clerk c: Cracker Barrel Old Country Store Public Works (3) Finance Department Information Systems Division CC III E 3

89 BL LAS POSAS RD CPD 247 MIAM PLAZA VENTURA THE PROMENADE DR CENTER CAMARILLO CITY OF CAMARILLO DEPARTMENT OF PUBLIC WORKS CPD-247 Cracker Barrel J CC III E 4

90 City of Camarillo AGENDA REPORT Date: October 10, 2018 To: From: Submitted by: Prepared by: Subject: Honorable Mayor and Councilmembers Dave Norman, City Manager Joseph R. Vacca, Director of Community Development Oksana Buck, Associate Planner Sale of Property 228 Lightwood Street SUMMARY Approve the sale of a low-income, single-family condominium located at 228 Lightwood Street, and authorize the City Manager and/or his designee to execute all documents necessary to complete the sale. DISCUSSION On August 31, 2018, the City exercised its right to purchase a low-income unit located at 228 Lightwood Street, Wickford Place subdivision (Village at the Park). The project includes 138 condominiums, 26 of which are low-income units subject to the terms of an affordable housing agreement with the City. The City purchased the unit with CDBG and Housing Taxable Bond Proceeds in order to preserve the unit as affording housing. Upon purchasing the unit, the City opened escrow to sell the unit to a qualified low-income household for $186,000, as calculated per California Health and Safety Code section Prior to close of escrow, the buyer is required to enter into an affordable housing agreement with the City. The form of agreement for this unit has been updated to be consistent with the City s current affordable housing policies and with California Health and Safety Code section The notable updates include the covenant term of 55 years which will reset with each property transfer, the equity share requirement, and sale price calculation method. BUDGET IMPACT Approval of this action would result in sales proceeds of approximately $186,000 to be deposited into the CDBG Fund. CC III F 1

91 228 Lightwood Street Re-Sale October 10, 2018 Page 2 of 2 SUGGESTED ACTION Approve the sale of property located 228 Lightwood Street for $186,000 and authorize the City Manager and/or his designee to sign all documents necessary to complete the sale. ATTACHMENTS Residential Purchase Agreement Seller Counter Offer Location Map Finance Review: GR CC III F 2

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105 City of Camarillo AGENDA REPORT Date: October 10, 2018 To: From: Submitted by: Subject: Honorable Mayor and Councilmembers Dave Norman, City Manager Dave Klotzle, Director of Public Works Camarillo Area Transit - Resolution Approving Updated Title VI Plan SUMMARY The Federal Transit Administration (FTA) requires the City Council adopt an updated Title VI Plan every three years. The City s current Camarillo Area Transit Title VI plan was adopted June 10, DISCUSSION To receive federal funding for transit services, the City is required to comply with Title VI of the Civil Rights Act of 1964 which requires the City to maintain a plan to ensure that no person is discriminated against in the use of the City s transit services. Staff has reviewed the City s 2015 Title VI Plan against current FTA standards, and minor revisions have been made to remain in compliance. Information was added explaining that Title VI related complaints may be filed directly with the FTA in addition to filing complaints with the City. BUDGET IMPACT None. There is no budget impact as a result of this action. SUGGESTED ACTION Adopt a Resolution approving the updated Title VI Plan. ATTACHMENTS Resolution Title VI Plan Finance Review: GR CC III G 1

106 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMARILLO APPROVING THE UPDATED TITLE VI PLAN The City Council of the City of Camarillo resolves as follows: SECTION 1: The City Council of the City of Camarillo finds and declares as follows: A. The City of Camarillo (City) is a recipient of federal financial assistance and is required to meet federal regulatory requirements for Title VI of the Civil Rights Act of B. The City of Camarillo will provide all annual certifications and assurances to the Federal Transit Administration (FTA) required by Title VI. C. The City of Camarillo assures that no person or group of persons will, on the basis of race, color, national origin or limited English proficiency be subjected to discrimination in the level and quality of transportation services, programs, or activities provided by City, whether federally funded or not. D. The City of Camarillo assures that all residents and visitors are afforded meaningful access to the City s programs, activities and services. E. The City of Camarillo has updated the City s Title VI Plan to meet current FTA guidelines. SECTION 2: updated Title VI Plan. The City council of the City of Camarillo approves and adopts the PASSED AND ADOPTED October 10, Attested to on. Mayor City Clerk I, Jeffrie Madland, City Clerk of the City of Camarillo, certify Resolution No was adopted by the City Council of the City of Camarillo at a regular meeting held October 10, 2018, by the following vote: AYES: NOES: ABSENT: Councilmembers: Councilmembers: Councilmembers: c: Public Works Department Deputy Director Public Works/Transportation City Clerk CC III G 2

107 City of Camarillo/Camarillo Area Transit TITLE VI PLAN Adopted: October 10, 2018 CC III G 3

108 TITLE VI PLAN I. Plan Statement Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving federal financial assistance. Specifically, Title VI provides that no person in the United States shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance (42 U.S.C. Section 2000d). The City of Camarillo (City) is committed to ensuring that no person is excluded from participation in, or denied the benefits of, its transit services on the basis of race, color, or national origin, as protected by Title VI in Federal Transit Administration (FTA) Circular B. This plan was developed to guide the City in the administration and management of Title VI-related activities Title VI Coordinator Deputy Director Public Works/Transportation City of Camarillo, 601 Carmen Drive Camarillo, CA As of May 13, 2015, Camarillo Area Transit is being operated by the City of Camarillo, a general law city and municipal corporation. II. Title VI Information Dissemination Title VI information posters shall be prominently and publicly displayed in the City of Camarillo s contractor s transit facility (see Appendix G). The plan information, along with contact information for the City s Title VI coordinator is available on the City of Camarillo s web page, at Additional information relating to nondiscrimination obligation can be obtained from the City of Camarillo s Title VI Coordinator. Title VI information shall be disseminated to the Camarillo Area Transit contract operator annually via the Employee Education form (see Appendix A) in payroll envelopes. This form reminds employees of their Title VI responsibilities in their daily work and duties. During new employee orientation, new employees shall be informed of the provisions of Title VI, and the expectations to perform their duties accordingly. All employees shall be provided a copy of the Title VI Plan and are required to sign the Acknowledgement of Receipt (see Appendix B). Title VI information shall also be made available in non-english languages, consistent with the City s Limited English Proficiency (LEP) plan. CC III G 4

109 III. Subcontracts and Vendors All subcontractors and vendors who receive payments from the City where funding originates from any federal assistance are subject to the provisions of Title VI of the Civil Rights Act of 1964 as amended. Written contracts shall contain non-discrimination language, either directly or through the bid specification package which becomes an associated component of the contract. IV. Record Keeping The Title VI Coordinator will maintain permanent records, which include, but are not limited to, signed acknowledgements of receipt from the employees indicating the receipt of the Title VI Plan, copies of Title VI complaints or lawsuits and related documentation, and records of correspondence to and from complainants, and Title VI investigations. V. Title VI Complaint Procedures Filing a Title VI Complaint The complainant may file a signed, written complaint up to thirty (30) days from the date of the alleged discrimination. The complaint should include the following information: Complainant s name, mailing address, and contact information (i.e., telephone number, address, etc.) How, when, where and why the complainant believes they were discriminated against. Include the location, names and contact information of any witnesses. Other information that the complaint deems significant. The Title VI Complaint Form (see Appendix C) may be used to submit the complaint information. The complaint may be filed in writing with the City of Camarillo at the following address: Title VI Coordinator Deputy Director of Public Works/Transportation City of Camarillo, 601 Carmen Drive Camarillo, CA Complaints may also be filed online through the City s website. The City s website address is NOTE: The City of Camarillo encourages all complainants to use certified mail through the U.S. Postal Service and/or ensure that all written correspondence can be tracked easily by other means. For complaints originally submitted by facsimile, an original, signed copy of the complaint must be mailed to the Title VI Coordinator as soon as possible, but no later than 30 days from the alleged date of discrimination. CC III G 5

110 Complaint processing after submission: All complaints alleging discrimination based on race, color or national origin in a service or benefit will be directly addressed by City. City of Camarillo shall also provide appropriate assistance to complainants, including those persons with disabilities, or who are limited in their ability to communicate in English. Additionally, the City of Camarillo Transit shall make every effort to address all complaints in an expeditious and thorough manner. A letter of acknowledging receipt of complaint will be mailed within thirty (30) days (see Appendix D). Please note that in responding to any requests for additional information, a complainant s failure to provide the requested information may result in the administrative closure of the complaint. Notification of complainant of the outcome of the complaint process: The City of Camarillo Transit will send a final written response letter (see Appendix E and F) to the complainant. In the letter notifying complainant that the complaint is not substantiated (see Appendix F), the complainant is also advised of his or her right to: 1) appeal within seven calendar days of receipt of the final written decision from the City of Camarillo Transit, and/or 2) file a complaint externally with the U.S. Department of Transportation and/or the Federal Transit Administration. Every effort will be made to respond to Title VI complaints within 60 working days of receipt of such complaints, if not sooner. In addition to the complaint process described above, a complainant may file a Title VI complaint with the following offices: Federal Transit Administration Office of Civil Rights Attn: Title VI Program Coordinator East Building, 5 th Floor - TCR 1200 New Jersey Avenue, SE Washington, DC VI. Limited English Proficiency (LEP) Plan City of Camarillo Transit in cooperation with the Ventura County Transportation Commission (VCTC), has developed a Limited English Proficiency Plan (LEP) to help identify reasonable steps to provide language assistance for LEP persons seeking meaningful access to transit services as required by Executive Order An LEP person is one who does not speak English as their primary language and who has a limited ability to read, speak, write, or understand English. This plan has detailed procedures on how to identify a person who may need language assistance, the ways in which assistance may be provided, staff training on how to notify LEP persons that assistance is available, and information for future LEP plan updates. In developing the plan, City determined the extent of obligation to provide LEP services. City has undertaken the U.S. Department of Transportation four factor LEP analysis which considers the following: 1) the number or proportion of LEP persons eligible in the City service area who maybe served or likely to encounter a City program, activity, or service; CC III G 6

111 2) the frequency with which LEP individuals come in contact with a City service; 3) the nature and importance of the program, activity or service provided by the City, to the LEP population; and 4) the resources available to City and overall costs to provide LEP assistance. VII. Community Outreach As an agency receiving federal financial assistance, we have made the following community outreach efforts: City of Camarillo Transit holds public meetings, particularly in connection with service changes. At these meetings the public is welcome to attend and share in discussion with a variety of Community Outreach discussions. Additionally, City of Camarillo Transit works with the other transit agencies in the service area and other stakeholder organizations to review and discuss the planning and has involvement in the decision making process. City of Camarillo Transit from time to time will provide on-board survey hand-outs to customers for their feedback about a variety of issues. City of Camarillo Transit submits to the California Department of Transportation and Federal Transit Administration annually an application for funding through the Ventura County Transportation Commission. The application requests funding for both capital maintenance and operating assistance. Part of the annual application is a public notice, which includes a 30-day public comment period. VIII. Active Investigation, Lawsuit or Complaint The City of Camarillo Transit has had no active investigations, lawsuits or complaints alleging discrimination on the basis of race, color or national origin. No transit-related Title VI investigations, complaints or Lawsuits have been made since the previous Title VI Plan submission. IX. Subrecipients Monitoring The City is a subrecipient of federal funds, and has no designated subrecipients. Therefore, this does not apply to the City. X. Board Demographic City of Camarillo, Camarillo Area Transit board of directors (the City Council) consists entirely of elected members. Therefore, this does not apply to the City. XI. Facility Construction No operational or maintenance facilities have been constructed. Therefore, this does not apply to the City. XII. Resolution Approving Title VI Plan A copy of this resolution can be found in Appendix H of this Plan. Adoption is expected on September 26, CC III G 7

112 APPENDIX A Employee Annual Education Form No person shall, on the grounds of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. All employees of City of Camarillo are expected to consider, respect, and observe this policy in their daily work and duties. If a citizen approaches you with a question or complaint, direct his or her to the Deputy Director Public Works/Transportation who is the Title VI Coordinator. In all dealings with citizens, use courtesy titles (i.e., Mr., Mrs., Ms., or Miss) to address them without regard to race, color or national origin. CC III G 8

113 APPENDIX B Acknowledgement of Receipt of Title VI Plan I hereby acknowledge the receipt of City of Camarillo Title VI Plan. I have read the plan and am committed to ensuring that no person is excluded from participation in, or denied the benefits of its transit services on the basis of race, color, or national origin, as protected by Title VI in Federal Transit Administration (FTA) Circular B. Signature Print your name Date CC III G 9

114 APPENDIX C TITLE VI Complaint Form Title VI of the 1964 Civil Rights Act requires that No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. If you feel you have been discriminated against in transit services, please provide the following information in order to assist us in processing your complaint and sent it to: Please print clearly: Name: Address: City: State: Zip Code: Telephone (home) (cell) (work) Person discriminated against: Address of person discriminated against: City: State: Zip Code: Please indicate why you believe the discrimination occurred: Race Color National Origin Other What was the date of the alleged discrimination? Where did the alleged discrimination take place? Please describe the circumstances as you saw it: CC III G 10

115 Please list any and all witnesses names and phone numbers: Have you previously filed a Title VI complaint with this agency? Yes No Have you filed this complaint with any other Federal, State, or local agency, or with any Federal or State court? Yes No If yes, check all that apply: Federal Agency State Agency Local Agency Federal Court State Court Please provide information about a contact person at the agency/court where the complaint was filed. Name: Title: Agency: Address: Telephone Number: Please attach any documents you have which support the allegation. Then date and sign this form and send to the Title VI Coordinator at: Title VI Coordinator Deputy Director Public Works/Transportation City of Camarillo 601 Carmen Drive Camarillo, CA Signature Date Print your name CC III G 11

116 APPENDIX D Sample Letter Acknowledging Receipt of Complaint (Date) Ms. Jo Doe 1234 Main Street Camarillo, CA Dear Ms. Doe, This letter is to acknowledge receipt of your complaint against the City of Camarillo Transit alleging An investigation will begin shortly. If you have additional information you wish to convey or questions concerning this matter, please feel free to contact this office by telephoning or write to me at this address. Sincerely, Title VI Coordinator Deputy Director Public Works/Transportation City of Camarillo 601 Carmen Drive Camarillo, CA CC III G 12

117 APPENDIX E Sample Letter Notifying Complainant that the Complaint Is Substantiated Today s Date Ms. Jo Doe 1234 Main Street Camarillo, CA Dear Ms. Doe, The matter referenced in your letter of (date) against City of Camarillo Transit alleging Title VI violation has been investigated. (An/Several) apparent violation(s) of Title VI of the Civil Rights Act of 1964, including those mentioned in your letter (was/were) identified. Efforts are underway to correct these deficiencies. Thank you for calling this important matter to our attention. You were extremely helpful during our review of the program. (If a hearing is requested, the following sentence may be appropriate.) You may be hearing from this office, or from federal authorities, if your services should be needed during the administrative hearing process. Sincerely, Title VI Coordinator Deputy Director Public Works/Transportation City of Camarillo 601 Carmen Drive Camarillo, CA CC III G 13

118 APPENDIX F Sample Letter Notifying Complainant that the Complaint Is Not Substantiated Today s Date Ms. Jo Doe 1234 Main Street Camarillo, CA Dear Ms. Doe, The matter referenced in your complaint of Transit alleging (date) against City of Camarillo has been investigated. The results of the investigation did not indicate that the provisions of Title VI of the Civil Rights Act of 1964, had in fact been violated. As you know, Title VI prohibits discrimination based on race, color, or national origin in any program receiving federal financial assistance. City of Camarillo Transit has analyzed the materials and facts pertaining to your case for evidence of the agency s failure to comply with any of the civil rights laws. There was no evidence found that any of these laws have been violated. I therefore advise you that your complaint has not been substantiated, and that I am closing this matter in our files. You have the right to 1) appeal within seven calendar days of receipt of this final written decision from City of Camarillo Transit, and/or 2) file a complaint externally with the U.S. Department of Transportation and/or the Federal Transit Administration at Federal Transit Administration Office of Civil Rights Attention: Title VI Program Coordinator East Building, 5 th Floor - TCR 1200 New Jersey Avenue, SE Washington, DC Thank you for taking the time to contact us. If I can be of assistance to you in the future, do not hesitate to call me. Sincerely, Title VI Coordinator Deputy Director Public Works/Transportation City of Camarillo 601 Carmen Drive Camarillo, CA CC III G 14

119 APPENDIX G Samples of Narrative To Be Included In Posters To Be Displayed In Revenue Vehicles and Facilities Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving Federal financial assistance. Specifically, Title VI provides that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance (42 U.S.C. Section 2000d). City of Camarillo Transit is committed to ensuring that no person is excluded from participation in, or denied the benefits of its transit services on the basis of race, color, or national origin, as protected by Title VI in Federal Transit Administration (FTA) Circular B. If you feel you are being denied participation in or being denied benefits of the transit services provided by City of Camarillo Transit, or otherwise being discriminated against because of your race, color, national origin, gender, age, or disability, you may contact our office at: Title VI Coordinator Deputy Director Public Works/Transportation City of Camarillo 601 Carmen Drive Camarillo, CA For more information, visit our website A complainant may file a complaint directly with the Federal Transit Administration by filing a complaint with the Office of Civil Rights, Attention: Title VI Program Coordinator, East Building, 5th Floor-TCR, 1200 New Jersey Ave., SE, Washington, DC CC III G 15

120 City of Camarillo AGENDA REPORT Date: October 10, 2018 To: From: Submitted by: Subject: Honorable Mayor and Councilmembers Dave Norman, City Manager Dave Klotzle, Director of Public Works Camarillo Ranch House Parking Area CR Award of Contract SUMMARY Consider awarding a contract to United Construction & Landscape Inc. for construction of the Camarillo Ranch House Parking Area Project CR DISCUSSION The Camarillo Ranch House Parking Area project will provide additional paved and gravel parking areas for events and meetings, parking lot lighting, and will improve vehicle and pedestrian accessibility. Construction is planned to begin in January 2019 as requested by Camarillo Ranch House staff to coincide with the off-peak season for events. On July 31, 2018, the City opened five (5) bids for the subject project which are shown in the following table: Name of Bidder Civic Construction Associates, Inc. Camarillo, CA United Construction & Landscape, Inc. Northridge, CA Y. Ko. Construction Co., Inc. Woodland Hills, CA Toro Enterprises, Inc. Oxnard, CA Granite Construction Company Ventura, CA $ Amount of Bid $184,620 $266,012 $295,600 $320,718 $343,754 CC III H 1

121 CR Award of Contract October 10, 2018 Page 2 Civic Construction Associates Inc. submitted a bid for the project in the amount of $184,620, but has withdrawn its bid. Staff recommends awarding a contract to the next lowest responsive bidder, United Construction & Landscape Inc. in the amount of $266,012 and authorizing a contingency in the amount of $40,000 (approximately 15%) for unforeseen additional work if required. The firm completed all the necessary forms submitted with their bid proposal. An additional appropriation of $88,000 is required as summarized below: Construction Contract $266,012 Contingency 40,000 Construction Total $306,012 Materials Testing Consultant, Support Services $31,988 Project Total 338,000 Less existing FY 2018/19 budget -250,000 Recommended appropriation $88,000 BUDGET IMPACT Funds for the Camarillo Ranch House Parking Area and contingencies were included in the Fiscal Year 2018/19 Camarillo Ranch Facility Fund budget in the amount of $250,000; however, an additional appropriation of $88,000 in Account No Project CR from Camarillo Ranch Facility Unassigned Fund Balance is required to award a contract for the work. SUGGESTED ACTION Authorize an appropriation of $88,000 to the Camarillo Ranch Facility Fund budget from Camarillo Ranch Facility Unassigned Fund Balance, and authorize the City Manager to execute a contract with United Construction & Landscape Inc. in the amount of $266,012 and execute contract change orders for project contingencies in an additional amount notto-exceed $40,000, for a total authorized expenditure of $306,012. ATTACHMENTS Location Map Finance Review: GR CC III H 2

122 CAMARILLO RANCH ROAD CAMARILLO RANCH HOUSE PROJECT LOCATION MISSION OAKS BLVD CITY OF CAMARILLO CR CAMARILLO RANCH HOUSE PARKING AREA LOCATION MAP DEPARTMENT OF PUBLIC WORKS CC III H 3

123 City of Camarillo AGENDA REPORT Date: October 10, 2018 To: From: Submitted by: Subject: Honorable Mayor and Councilmembers Dave Norman, City Manager Dave Klotzle, Director of Public Works Holiday Decoration Services MC Award of Contract SUMMARY Consider awarding a Maintenance Services Contract to purchase and annually install, remove, store, and maintain City-owned holiday decorations. DISCUSSION The City of Camarillo Old Town area, the exterior of City Hall and the Constitution Park pavilion are decorated each December with holiday decorations. The existing City-owned lighted garland, wreaths and the large Christmas tree on Ventura Boulevard have been repaired numerous times and are in need of replacement. On August 23, 2018, staff advertised for proposals from contractors to provide holiday decorations for a three-year term with an option for two one-year extensions. One bid was submitted by The Holly Workshop from Carpinteria CA, with a cost of $106,000 for Fiscal Year 2018/19 and $38,100 for each of Fiscal Years 2019/20 and 2020/21. The cost for the first year includes purchasing the new holiday decorations that will become the property of the City. The second and third year costs are for installation, removal, storage and maintenance of the decorations. Staff recommends a three-year Maintenance Services Contract with The Holly Workshop for the purchase and annual installation, removal, storage and maintenance of Cityowned holiday decorations for a total authorized contract amount not-to-exceed $203,800. The annual costs for these services are shown in the table below including annual Consumer Price Index (CPI) adjustments (approximately 4%) and future amendments to the agreement for contingencies (approximately 10%). CC III I 1

124 Holiday Decoration - Award of Contract October 10, 2018 Page 2 Fiscal Year Bid Amount CPI Adjustment Contingency Total 2018/19 $106,000 n/a $10,600 $116, /20 $38,100 $1,500 $4,000 $43, /21 $38,100 $1,500 $4,000 $43,600 BUDGET IMPACT Total Contract Amount $203,800 Funds for the annual installation and removal of holiday decorations in the amount of $11,200 were included in the Fiscal Year 2018/19 Lighting and Landscape Maintenance District Fund budget. However, approval of this action, including the purchase of new decorations, requires an additional appropriation of $105,400 in Account No , and $105,400 for a Transfer Out from the General Fund Account No to the Lighting and Landscape Maintenance District Fund Transfer in Account No for Fiscal Year 2018/19. SUGGESTED ACTION Authorize the City Manager to execute a maintenance contract with The Holly Workshop for holiday decoration services; authorize CPI adjustments (approximately 4%) for Fiscal Years 2019/20 and 2020/21; authorize future amendments to the contract for contingencies; and authorize an appropriation of $105,400 to the Lighting and Landscape Maintenance from General Fund Unassigned Fund Balance for a total authorized expenditure of $203,800. ATTACHMENTS CC Agreement No Exhibits A and B Finance Review: GR CC III I 2

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130 City of Camarillo AGENDA REPORT Date: October 10, 2018 To: From: Submitted by: Subject: Honorable Mayor and Councilmembers Dave Norman, City Manager Dave Klotzle, Director of Public Works Traffic Signal Rewire at Santa Rosa Road and Leisure Village Main, Specification No. TM Award of Contract SUMMARY Consider awarding a contract to Taft Electric Company (Taft) for traffic signal rewiring work at the intersection of Santa Rosa Road and Leisure Village Main. DISCUSSION The traffic signal wire conductors and conduits at the intersection of Santa Rosa Road and Leisure Village Main are in need of replacement. In accordance with California Uniform Public Construction Cost Accounting Act (UPCCAA) guidelines, on September 13, 2018, staff advertised a Notice Inviting Bids for Specification No. TM , Traffic Signal Rewire Services. Bids were opened on Wednesday, September 26, Two bids were received and the lowest responsive bid was submitted by Taft in the amount of $96,195. The bids received are shown in the following table. Name of Bidder Taft Electric Company 1694 Eastman Avenue, Ventura, CA Crosstown Electrical and Data Inc Diaz Street, Irwindale, CA $ Amount of Bid $96,195 $141,587 Staff recommends awarding a contract to Taft for an amount of $96,195 and authorizing a contingency of $10,000 for unforeseen additional work that may be required. BUDGET IMPACT Funds for Specification No. TM were included in the Fiscal Year 2018/19 General Fund, Traffic Signal and Maintenance budget; however, an additional appropriation of CC III J 1

131 TM Traffic Signal Rewire October 10, 2018 Page 2 of 2 $21,195 in Account No from General Fund Unassigned Fund Balance is required to award a contract for the work. SUGGESTED ACTION Authorize an appropriation of $21,195 to the Traffic Signal Maintenance budget from General Fund Unassigned Fund Balance, and authorize the City Manager to execute a contract with Taft Electric Company in the amount of $96,195, and execute contract change orders for project contingencies in an additional amount not-to-exceed $10,000, for a total authorized expenditure of $106,195. ATTACHMENTS CC Agreement Exhibit A Finance Review: GR CC III J 2

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134 City of Camarillo AGENDA REPORT Date: October 10, 2018 To: From: Submitted by: Subject: Honorable Mayor and Councilmembers Dave Norman, City Manager Joseph R. Vacca, Director of Community Development Studies and Demolition Barry Street (former Stock Lumber property) SUMMARY Consider an appropriation in the amount of $225,000 for a historical resource evaluation, preparation of bid specifications for the demolition of existing structures, including asbestos and lead-based paint abatement, the demolition activities, and associated legal costs. DISCUSSION On June 27, 2018 the City Council approved the purchase of the former stock lumber property, located at 2800 Barry Street, as a possible site for affordable housing. Subsequently, the City closed on the purchase on September 4, At the September 5, 2018 study session, staff presented the next steps for City Council s consideration. The steps discussed at the study session included the demolition of the existing structures to remove an attractive nuisance. Staff has initiated the process by requesting Rincon Consultants Inc. to prepare a proposal for a historical resource evaluation for structures over 50 years old, a proposal for bid specifications to complete the demolition activities, including asbestos and leadbased paint abatement, and a proposal for the demolition of structures only. The concrete foundations will remain in place. The table on the following page summarizes the estimated cost for each proposal, and the estimated cost for the actual abatement and demolition work. The table also includes an estimate for legal costs. The historical resource evaluation and bid specifications for abatement and demolition work can be completed by Rincon Consultants, Inc. under their existing on-call services contract with the Public Works Department. The on-call services contract previously authorized by City Council is for a total amount not-to-exceed $80,000 for FY 2018/19. The current available balance of the on-call agreement is $80,000. CC III K 1

135 Studies and Demolition Barry Street October 10, 2018 Page 2 of 2 Staff will return to City Council at a later date for the approval to go out to bid for the actual abatement and demolition work (estimated to cost up to $200,000). Once the bids have been received and reviewed, staff will return to City Council to award a contract for the work. To date, the total project expenditures for property acquisition, soil remediation, and legal costs are approximately $3,745,000. An additional appropriation in the amount of $225,000 is necessary for the activities summarized in the table below. The funding is available from the Housing Tax Exempt Bond Proceeds in Fund 429 Camarillo Corridor Project Area Fund. Activity Complete historical resource evaluation Prepare bid specifications to complete demolition, including asbestos and lead-based paint abatement Abatement and demolition of structures only Estimated Cost $5,000 $6,000 $200,000 Contractor Rincon via the existing on-call services contract with Public Works Department. Rincon via the existing on-call services contract with Public Works Department. TBD staff will return to City Council for approval of contract. Legal costs $4,000 Burke, Williams & Sorensen, LLP. BUDGET IMPACT TOTAL $225,000 Approval of this action would require an appropriation of $221,000 for the studies and demolition activities at 2800 Barry Street in Account No (AQ1008) and $4,000 for the legal costs in Account No (AQ1008) from the available Housing Tax Exempt Bond Proceeds in Fund 429 Camarillo Corridor Project Area Fund balance. SUGGESTED ACTION Authorize an appropriation of $225,000 from the Housing Tax Exempt Bond Proceeds in Fund 429 Camarillo Corridor Project Area Fund to remove the attractive nuisance of the vacant structures at 2800 Barry Street. ATTACHMENTS None. Finance Review: GR CC III K 2

136 City of Camarillo AGENDA REPORT Date: October 10, 2018 To: From: Submitted by: Honorable Mayor and Councilmembers Dave Norman, City Manager Genie Rocha, Director of Finance Brian Pierik, City Attorney Subject: Transient Occupancy Tax - Ordinance Amending Section of Camarillo Municipal Code Using Postmark Date for Forms and Payments of Transient Occupancy Tax SUMMARY Consider an Ordinance amending Section of Camarillo Municipal Code to use postmark date for forms and payments of transient occupancy tax. DISCUSSION Section of the Camarillo Municipal Code includes the Reporting and Remitting requirements for the Transient Occupancy Tax (TOT) (commonly known as the hotel bed tax) and requires that the Reporting forms and the payment of the TOT be submitted to the City by the 15th day of the month. The Camarillo Hotel & Tourism Association has requested that the TOT forms and payment be changed to allow for the postmarking of the forms and payments by the 15th day of the month. Currently, the hotel operators make every effort to submit the TOT returns and remittances by the deadline of the 15th of the month; however, on occasion, the delay in mail can cause the TOT returns and remittances to be received after the deadline and results in a late payment penalty. Per Section of the Camarillo Municipal Code, any operator who fails to remit any tax imposed by this chapter within the time required shall pay a penalty in the amount equal to ten percent of the amount of the tax due, per month even if the hotel operator has indicated that the TOT return and remittance was submitted days prior to the deadline. Additionally, some of the hotel operators have regional or national accounting offices, which are located on the east coast, so additional time is required to allow for mail delays in order to comply with the current deadline. The use of a postmark will assist the hotel operators in complying with the deadline for payment and provide staff with clear documentation for the purpose of imposing penalties, if necessary. CC V A 1

137 Postmark for TOT Payment October 10, 2018 Page 2 of 2 Current Version of Section A. On or before the 15th day of the month following the close of each calendar month, each Operator shall file a return with the Tax Administrator, on forms provided by the Tax Administrator, stating the total Rent and the amount of Tax due for the preceding month. At the time the return is filed, the full amount of the Tax due shall be remitted to the Tax Administrator. Taxes are deemed paid upon the Tax Administrator receiving a tax return and tax payment and, if applicable, exemption forms. The Tax Administrator may require additional information to be included in returns. All Taxes collected by Operators pursuant to this Chapter shall be held in trust for the account of the City until payment thereof is made to the Tax Administrator. Proposed Revision to Section (underlined to show changes): A. On or before the 15th day of the month following the close of each calendar month, each Operator shall mail a return postmarked by the 15th of the month with the Tax Administrator, on forms provided by the Tax Administrator, stating the total Rent and the amount of Tax due for the preceding month. At the time the return is mailed, the full amount of the Tax due shall be remitted to the Tax Administrator. Taxes are deemed paid upon the Tax Administrator receiving a tax return and tax payment and, if applicable, exemption forms. The Tax Administrator may require additional information to be included in returns. All Taxes collected by Operators pursuant to this Chapter shall be held in trust for the account of the City until payment thereof is made to the Tax Administrator. BUDGET IMPACT There may be a slight delay in the receipt of the TOT payments based on the change to postmarking on the 15 th day of the month instead of receipt of the payment by the 15 th of the month. SUGGESTED ACTION 1. Request a reading of the title 2. Waive further reading and introduce an Ordinance Amending Section of Camarillo Municipal Code to use the postmark date for forms and payments of transient occupancy tax. ATTACHMENTS Ordinance Letter from Camarillo Hotel & Tourism Association Finance Review: GR CC V A 2

138 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMARILLO AMENDING REPORTING AND REMITTING REQUIREMENTS UNDER SECTION OF CHAPTER 3.16 TO THE CAMARILLO MUNICIPAL CODE REGARDING TRANSIENT OCCUPANCY TAX The City Council of the City of Camarillo ordains as follows: SECTION 1: The City Council of the City of Camarillo finds as follows: A. Section of the Camarillo Municipal Code includes the Reporting and Remitting requirements for the Transient Occupancy Tax (TOT) and requires that the Reporting forms and the payment of the TOT be submitted to the City by the 15 th day of the month. B. The Camarillo Hotel & Tourism Association has requested that the TOT forms and payment be changed to allow for the postmarking of the forms and payments by the 15 th day of the month. C. Currently, the hotel operators make every effort to submit the TOT returns and remittances by the deadline of the 15th of the month; however, on occasion, the delay in mail can cause the TOT returns and remittances to be received after the deadline and results in a late payment penalty. D. Per Section of the Camarillo Municipal Code, any operator who fails to remit any tax imposed by this chapter within the time required shall pay a penalty in the amount equal to ten percent of the amount of the tax due, per month even if the hotel operator has indicated that the TOT return and remittance was submitted days prior to the deadline. E. Additionally, some of the hotel operators have regional or national accounting offices, which are located on the east coast, so additional time is required to allow for mail delays in order to comply with the current deadline. F. The use of a postmark will assist the hotel operators in complying with the deadline for payment and provide staff with clear documentation for the purpose of imposing penalties, if necessary. SECTION 2: Environmental Review. The City Council exercises its independent judgment and finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) Section 15060(c)(3) because the activity is not a project as defined in Section SECTION 3: Amendment to Section Section of Chapter 3.16 of the Camarillo Municipal Code is amended to read as follows: Reporting and Remitting. A. On or before the 15th day of the month following the close of each calendar month, each Operator shall mail a return postmarked by the 15th of the month with the Tax Administrator, on forms provided by the Tax Administrator, stating the total Rent and the amount of Tax due for the preceding month. At the time the return is mailed, the CC V A 3

139 full amount of the Tax due shall be remitted to the Tax Administrator. Taxes are deemed paid upon the Tax Administrator receiving a tax return and tax payment and, if applicable, exemption forms. The Tax Administrator may require additional information to be included in returns. All Taxes collected by Operators pursuant to this Chapter shall be held in trust for the account of the City until payment thereof is made to the Tax Administrator. SECTION 4. 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 5. Effective Date. This ordinance is effective 30 days after its adoption. SECTION 6. Publication. The City Clerk is directed to cause this ordinance to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED October, Attested to on. Mayor City Clerk I, Jeffrie Madland, City Clerk of the City of Camarillo, certify Ordinance No. _ was introduced by the City Council at a meeting held, and subsequently passed and adopted by the City Council at a regular meeting held, by the following vote: AYES: NOES: ABSENT: Councilmembers: Councilmembers: Councilmembers: City Clerk Ordinance No. Page 2 of 2 CC V A 4

140 The Honorable Mayor Charlotte Craven & September 18, 2018 Camarillo City Council 601 Carmen Drive Camarillo, CA Dear Mayor Craven & Camarillo City Council, The Camarillo Hotel & Tourism Association is requesting that the Transit Occupancy Tax (TOT) payment ordinance be revised from payments due by the 15th of every month to a postmark of the 15th of every month. The reason for this request is to allow for issues such as weather or natural disasters that are out of our control. Many of our hoteliers corporate offices are out-ofstate and while they understand time efficiency, the reasons mentioned have affected payment deadlines in the past. Both our hotels and corporate offices understand the importance of this ordinance and will continue to prepare and submit by the required timeline. Thank you for your consideration. Kindest regards, Yuliana Gonzalez Executive Director CC V A 5

141 City of Camarillo AGENDA REPORT Date: October 10, 2018 To: From: Submitted by: Subject: Honorable Mayor and Councilmembers Dave Norman, City Manager Brian Pierik, City Attorney First Amendment to Rental Agreement with kidstream for Former Library Building SUMMARY This item proposes a First Amendment to Rental Agreement with kidstream for Former Library Building ( First Amendment ) to add 300 square feet to the current Rental Agreement. The proposed action increases the monthly rent on the Former Library Building from $ to $ DISCUSSION On June 15, 2018, the City entered into a Rental Agreement with kidstream for portions of the former library for the potential development of a children s museum. kidstream has requested to rent an additional 300 square feet at the same rental rate of $ per square foot. The proposed First Amendment to Rental Agreement will add the 300 square feet to the Rental Agreement which will increase the rent by $ Attachment 1 is a proposed First Amendment for Council consideration. Exhibit 1 to the First Amendment is a floor plan of the former library building which depicts the additional 300 square feet (bolded) that kidstream is requesting to rent. BUDGET IMPACT The proposed action will increase the monthly rent to be received by the City from kidstream by $ SUGGESTED ACTION Authorize the City Manager to sign the First Amendment to Rental Agreement with kidstream for Former Library Building. ATTACHMENTS First Amendment to Rental Agreement with kidstream Finance Review: GR CC VIII A 1

142 FIRST AMENDMENT TO RENTAL AGREEMENT WITH KIDSTREAM FOR FORMER LIBRARY BUILDING This First Amendment to Rental Agreement ( First Amendment ) is made by and between the City of Camarillo, a municipal corporation ( Landlord ), and kidstream, a California non-profit corporation with 501(c)(3) status ( Tenant ). The Landlord and Tenant are collectively referred to herein as the Parties. This First Amendment shall be effective as of the date signed by the Landlord ( Effective Date ). RECITALS A. On June 15, 2018, the City entered into a Rental Agreement with kidstream for portions of the former library for the potential development of a children s museum designated as CC Agreement No ( Rental Agreement ). B. The monthly rent under the Rental Agreement is $ for 1168 square feet of indoor space at $ per square foot and outdoor space of 620 square feet at $ per square foot for total monthly rent of $ C. kidstream has requested to rent an additional 300 square feet at the same rental rate of $ per square foot which would be an increase in the current rent in the sum of $ Exhibit 1 attached hereto is a floor plan of the former library building which depicts the additional 300 square feet (bolded). D. The current rent of $ plus the additional rent of $55.27 equals $ AGREEMENT NOW, THEREFORE, for and in consideration of the foregoing premises, covenants, representations, warranties and agreements set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties do hereby agree as follows: 1. Recitals. The foregoing Recitals are true and correct and are hereby incorporated by this reference as though set forth in full here. 2. Additional Space. Landlord agrees to rent to Tenant an additional 300 square feet of the former Library building as depicted in the floor plan attached hereto as Exhibit 1 ( Additional Space ). 3. Additional Monthly Rent. Tenant agrees to pay Landlord additional monthly rent of $55.27 for the Additional Space ( Additional Monthly Rent ). CC VIII A 2

143 4. Total Monthly Rent. The monthly rent due by Tenant to Landlord shall be the sum of the current rent of $ plus $55.27 Additional Monthly Rent for total monthly rent of $ ( Total Monthly Rent ). 5. Counterparts and Executive of First Amendment. This First Amendment may be executed in several counterparts, each of which shall be deemed an original, but all of which together shall constitute on and the same instrument. This First Amendment may be executed and transmitted by and shall have the same force and effect as an original. 6. Effect of First Amendment. Except as modified by this First Amendment, the Rental Agreement shall remain in full force as effect. LANDLORD CITY OF CAMARILLO TENANT kidstream By: David J. Norman, City Manager Date: October, 2018 ATTEST: By: Jeffrie A. Madland, City Clerk By: Kristen Akl, President Date: October, 2018 By: Meryl Chase, Vice President Date: October, 2018 APPROVED AS TO FORM By: Brian A. Pierik, City Attorney 2 CC VIII A 3

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145 City of Camarillo AGENDA REPORT Date: October 10, 2018 To: From: Submitted by: Subject: Honorable Mayor and Councilmembers Dave Norman, City Manager Brian Pierik, City Attorney Parking Restrictions at Metrolink Train Station - Resolution Establishing Parking Restrictions at the Metrolink Train Station Parking Lots SUMMARY Consider a Resolution imposing parking restrictions at the Metrolink Train Station including a seven consecutive day time limit and a prohibition on the parking of oversized vehicles. DISCUSSION There have been issues at the Metrolink Train Station Parking Lots with vehicles being stored or otherwise abandoned, or with people living in campers upon the grounds. The parking restrictions imposed by the Resolution (attached) are intended to prevent parking at the Metrolink Train Station Parking Lots in excess of seven consecutive days and to prevent the parking of oversized vehicles (Parking Restrictions). The term oversized vehicles is defined in the Resolution and that definition is consistent with the definition of oversized vehicles in Camarillo Municipal Code Section A location map of the Metrolink Train Station Parking Lots is attached to the Resolution. The seven day limitation provides for the needs of Amtrak riders who usually take longer trips than Metrolink riders. Any rider needing to park for more than seven days can present their train ticket to the Police Department and receive a free parking pass to place on their dashboard, thus exempting them from the parking limitation for the time noted on the parking pass. In addition, any ticket-holding patron who receives a citation for parking longer than 7 days but before the vehicle is towed can present their citation and their return train ticket to the Police Department and have the citation waived at the Police Station. The Resolution authorizes the removal of illegally parked vehicles in violation of the Resolution per California Vehicle Code Section CC VIII B 1

146 Resolution Establishing Parking Restrictions October 10, 2018 Page 2 of 2 The Parking Restrictions imposed by this Resolution are in addition to those parking restrictions imposed at the Camarillo Metrolink Train Station Parking Lots by Resolution which provides that use of parking spaces at electric vehicle charging stations shall be restricted to vehicles connected for electric charging purposes. The Parking Restrictions are authorized by the Ventura County Transportation Authority Ordinance No (attached). Signage will be installed to inform riders of the new parking restrictions and the availability of a parking pass for those riders taking a trip longer than seven days. BUDGET IMPACT None. There is no budget impact as a result of this action. SUGGESTED ACTION Adopt a Resolution establishing parking restrictions at the Metrolink train station parking lots. ATTACHMENTS Resolution Ventura County Transportation Authority Ordinance No Finance Review: GR CC VIII B 2

147 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMARILLO ESTABLISHING PARKING RESTRICTIONS AT THE CAMARILLO METROLINK TRAIN STATION PARKING LOTS The City Council of the City of Camarillo resolves as follows: SECTION 1. Findings. The City Council of the City of Camarillo finds and declares that the parking restrictions imposed by this Resolution are necessary to address the issues of parking of oversized vehicles and long term parking at the Camarillo Metrolink Train Station Parking Lots ( Parking Restrictions ). The parking lots ( Parking Lots ) are shown on the attached location map. SECTION 2. Parking Restrictions. A. No oversized vehicle may be parked at the Camarillo Metrolink Train Station Parking Lots at any time. "Oversized vehicle" means any vehicle, as that word is defined in the Vehicle Code, or a combination of connected vehicles, that exceeds 25 feet in length and 80 inches in width or 82 inches in height, exclusive of such projecting lights or devices as are expressly allowed under the California Vehicle Code. "Oversize vehicle" does not mean or include a pickup truck that is less than 25 feet in length and 82 inches in height. B. Time Limitations for Parking. These time limitations apply to vehicles which are not oversized vehicles as defined in this Resolution. 1. No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon the Camarillo Metrolink Train Station Parking Lots for more than a period of seven (7) consecutive days. This Parking Restriction shall be considered violated if at the end of the seven (7) day period, the vehicle has not been removed from the Camarillo Metrolink Train Station Parking Lots for a period of at least twenty four (24) hours. The determination of whether the vehicle has been removed from the Camarillo Metrolink Train Station Parking Lots for a period of at least twenty four (24) hours shall be based on physical markings, odometer readings or other facts. 2. A person may park their vehicle at the Camarillo Metrolink Train Station Parking Lots eight (8) to twenty-one (21) consecutive days if that person shows their train ticket to the Camarillo Police Department and obtains a parking pass for the length of their trip and displays the parking pass on the dashboard of their vehicle. Any ticket-holding patron who receives a citation for parking longer than seven days, but before the vehicle is towed, can present their citation and their return train ticket to the Police Department, and the citation shall be waived at the Police Station. SECTION 3. Enforcement. For enforcement purposes, the City authorizes the removal of illegally parked vehicles in violation of this Resolution per California Vehicle Code Section CC VIII B 3

148 SECTION 4. Additional Parking Restrictions. The Parking Restrictions imposed by this Resolution are in addition to those parking restrictions imposed at the Camarillo Metrolink Train Station Parking Lots by Resolution which provides that use of parking spaces at electric vehicle charging stations shall be restricted to vehicles connected for electric charging purposes. SECTION 5. Authorization. These Parking Restrictions are authorized by the Ventura County Transportation Authority Ordinance No SECTION 6: Conflicts. Any portion of any previous resolution in conflict with this Resolution is hereby repealed. SECTION 7: Signs. Signs shall be installed advising motorists of these Parking Restrictions. PASSED AND ADOPTED October, ATTEST: Mayor City Clerk I, Jeffrie Madland, City Clerk of the City of Camarillo, certify Resolution No was adopted by the City Council of the City of Camarillo at a regular meeting held, 2018, by the following vote: AYES: NOES: ABSENT: Councilmembers: Councilmembers: Councilmembers: City Clerk Attachment: Location Map Resolution No Page 2 of 2 CC VIII B 4

149 DAILY DR Parking Lot Train Station Parking Lot MISSION OAKS BLVD VENTURA BLVD Train Station 101 VENTURA FREEWAY LEWIS RD (SR-34) DAWSON DR LOCATION MAP CAMARILLO METROLINK TRAIN STATION PARKING LOTS CC VIII B 5

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153 City of Camarillo AGENDA REPORT Date: October 10, 2018 To: From: Subject: Honorable Mayor and Councilmembers Dave Norman, City Manager Homeless Emergency Aid Program (HEAP) Funding Shelter Crisis Resolution SUMMARY The Ventura County Continuum of Care (CoC) will be receiving approximately $4.8 million in Homeless Emergency Aid Program (HEAP) funds that can be used to assist Camarillobased homeless individuals and families in finding shelter and obtain other assistance. In order for individuals to obtain HEAP-funded services, the City Council must adopt a resolution declaring a shelter crisis in Camarillo. DISCUSSION The Ventura County Continuum of Care Alliance (CoC), is a multi-disciplinary collaborative dedicated to promoting safe, desirable, and thriving communities by ending homelessness in Ventura County. The CoC is slated to receive a one-time State of California HEAP grant of $4.8 million in flexible block grant funding to address homelessness from the State of California. The CoC is encouraging all Ventura County jurisdictions to adopt a shelter crisis resolution to ensure that all county residents are eligible to receive services funded by HEAP. If a jurisdiction does not declare a shelter crisis, the CoC will be unable to award funding to that jurisdiction or to any non-profit within that jurisdiction; and programs that serve the entire county will be unable to provide rental subsidies/assistance with HEAP funding for any Camarillo-based homeless individual or family. Adoption of the declaration resolution does not require the City to provide homeless services or build a homeless shelter. Although Staff does not intend that the City apply for these funds, it is recommended that the City Council adopt the required resolution so that the City s homeless service providers can apply for - and be awarded - these funds to better assist Camarillo-based homeless individuals and families. CC IX A 1

154 HEAP Shelter Crisis Resolution October 10, 2018 Page 2 Background The $500 million Homeless Emergency Aid Program (HEAP) was established by the State Legislature to address immediate, statewide homelessness and housing challenges. HEAP funding will be distributed as flexible block grants to recipient agencies (such as the CoC) that meet eligibility requirements. The funds can be used to provide emergency assistance including, but not limited to, emergency housing vouchers, rapid rehousing, emergency shelter construction, and temporary shelters, to people experiencing homelessness. In 2018, 15 sheltered and 34 unsheltered homeless persons were identified during the 2018 annual homeless count, which occurred on February 22, As used in the annual homeless count, homeless persons are those who are living in a place not meant for human habitation, or in an emergency shelter or transitional housing, or are exiting an institution where they temporarily resided. Camarillo s total count of 49 homeless persons is the highest number counted since the homeless count began in While the number of homeless persons declined in 2016 (see chart below), the number of unsheltered homeless persons began to increase in 2017 as the cost of housing began to reach market highs and affordable housing became scarce, or in some cases, unavailable. In 2017, Ventura County identified housing as the top unmet need for County residents. Camarillo Homeless Persons Sheltered Unsheltered On September 4, 2018, the Ninth Circuit Court of Appeals ruled in the case of Martin v. City of Boise that cities cannot prosecute homeless persons for sleeping on public property if no other shelter is available. In a recent case in the Ventura County Superior Court involving a homeless person inhabiting a public space in Camarillo, the Public Defender invoked the Martin case in a motion to have the case dismissed. However, the CC IX A 2

155 HEAP Shelter Crisis Resolution October 10, 2018 Page 3 City Attorney defeated the Public Defender s motion (in part) by presenting evidence that our HOPE officer offered shelter to the homeless person, but the offer was refused. While the ruling is not precedent-setting, it demonstrates that having the greatest number of sheltering options available increases the City s ability to control unwanted camping in public spaces. Adopting a resolution declaring a shelter crisis in Camarillo enables our HOPE officer to offer sheltering options funded by the HEAP grant options the HOPE officer may not have without adoption of the resolution. BUDGET IMPACT None. There is no budget impact as a result of this action. SUGGESTED ACTION Adopt a Resolution declaring a shelter crisis in Camarillo to allow residents access to services funded by HEAP. ATTACHMENTS Resolution Gov. Code Finance Review: GR CC IX A 3

156 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMARILLO DECLARING A SHELTER CRISIS TO ALLOW RESIDENTS ACCESS TO SERVICES FUNDED BY HOMELESS EMERGENCY AID PROGRAM (HEAP) FUNDING PURSUANT TO SENATE BILL (SB) 850 AND THE BUDGET ACT (CHAPTER 48, STATUTES OF 2018) The City Council of the City of Camarillo resolves as follows: SECTION 1: follows: The City Council of the City of Camarillo finds and declares as A. California s Governor Edmund G. Brown, Jr. and the members of the California Legislature have recognized the urgent and immediate need for funding at the local level to combat homelessness; and B. The Governor and Legislature have provided funding to local governments under the Homeless Emergency Aid Program as part of SB 850 and the Budget Act (Chapter 48, Statutes of 2018); and C. The Governor and Legislature require jurisdictions seeking an allocation through the Homeless Emergency Aid Program to declare a Shelter Crisis pursuant to Government Code ; and D. The City of Camarillo funds a full-time police officer to work directly with the City s homeless population through Project H.O.P.E. (Helping Our Community Progress Efficiently), and has undertaken multiple efforts at the local level to combat homelessness, including providing over $40,578 in FY Community Development Block Grant funding to various homeless services providers and $4,551 for winter inclement weather hotel vouchers; and E. The City of Camarillo finds that 27 persons within the City of Camarillo were homeless and living without shelter according to the 2017 Point in Time Count; and F. The City of Camarillo finds that the number of persons within the City of Camarillo who are homeless and living without shelter increased to 49 as identified in the 2018 Point in Time Count conducted on February 22, 2018; and G. The City of Camarillo finds that the number of homeless is significant, and these persons are without the ability to obtain shelter; and H. The City of Camarillo finds that the health and safety of unsheltered persons in the City is threatened by a lack of shelter; and CC IX A 4

157 I. The City of Camarillo affirms its commitment to assisting homeless persons and families to find shelter and services to end homelessness. SECTION 2: A shelter crisis pursuant to Government Code exists in the City of Camarillo, and the City Council of the City of Camarillo authorizes the City s participation in the Homeless Emergency Aid Program. PASSED AND ADOPTED on October 10, ATTEST: Mayor City Clerk I, Jeffrie Madland, City Clerk of the City of Camarillo, certify Resolution No was adopted by the City Council of the City of Camarillo at a regular meeting held October 10, 2018, by the following vote: AYES: NOES: ABSENT: Councilmembers: Councilmembers: Councilmembers: City Clerk Resolution No Page 2 of 2 CC IX A 5

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159 City of Camarillo AGENDA REPORT Date: October 10, 2018 To: From: Submitted by: Prepared by: Subject: Honorable Mayor and Councilmembers Dave Norman, City Manager Joseph R. Vacca, Director of Community Development Michelle Glueckert D Anna, Senior Planner Resolution Approving a One-Year Time Extension Tentative Tract Map 5969, Camarillo Village Homes, LLC SUMMARY Consider approval of a one-year time extension for an approved tentative tract map for the subdivision of a acre site into two parcels, Lots 1 and 2, and further subdivision of Lot 1 into 285 for-sale, airspace condominium units with common landscaping, access and parking. DISCUSSION An application has been received from the property owner, Camarillo Village Homes, LLC, for the approval of a one-year time extension as permitted by Camarillo Municipal Code Section to an approved tentative tract map for the subdivision of a acre site into two parcels, Lots 1 and 2, and further subdivision of Lot 1 into 285 for-sale, airspace condominium units with common landscaping, access and parking. The site is located northeast of the corner of Lewis Road and Pleasant Valley Road. Public Hearing A public hearing was advertised for the City Council meeting of September 26, 2018, with notices mailed to all property owners within a 600-foot radius of the subject site, posted at Camarillo City Hall, as well as on the City s website ( and published in a newspaper of general circulation for the area. The applicant posted a public hearing noticing sign on the property on September 17, 2018, which did not meet the required ten-day posting period. At the meeting of September 26, 2018, no public testimony was received and due to the applicant not meeting the required timeframe for posting of the on-site public hearing sign, the public hearing was continued to October 10, CC XVIII A 1

160 Environmental Review No changes to the tentative tract map are proposed; therefore, no new significant environmental impacts exist that were not previously analyzed under Environmental Impact Report (EIR) , in conjunction with TT-5969 and RPD-196 and CUP-369. Zoning and General Plan The site is zoned Residential Planned Development, 15 dwelling units per acre maximum (RPD-15U). The Land Use Element of the City s General Plan designates the site for medium density residential use (18 dwelling units per acre, maximum). The condominium map is consistent with that designation, since Lot 1 is adequate in size and shape to accommodate the type and intensity of development approved under RPD-196 for 285 for-sale, airspace condominium units with common landscaping, access and parking. Application History On August 24, 2016, the City Council approved TT-5969 in conjunction with Residential Planned Development RPD-196 and Conditional Use Permit CUP-369. TT-5969 was approved for a subdivision of a acre site into two parcels, Lots 1 and 2, and further subdivision of Lot 1 into 285 for-sale, airspace condominium units with common landscaping, access and parking. RPD-196 was approved on Lot 1 for 285 for-sale, airspace condominium units. CUP-369 was approved on Lot 2 for a mixed use building consisting of 24 rental apartments over 12,000 square feet of commercial uses. TT-5969 was originally approved by the City Council on August 24, 2016, for a period of two years, expiring August 24, On July 13, 2018, the applicant timely filed a time extension application, requesting a one-year time extension. In accordance with Camarillo Municipal Code section , upon a timely request for extension, the tentative tract map is automatically extended for sixty days or until the application for the extension is approved by the City Council, whichever occurs first. Staff Review and Recommendation The applicant is requesting a one-year time extension but did not provide a specific reason for the time extension. However, the applicant has informed staff that they are currently in escrow to transfer a portion of the project, consisting of Lot 1 subject to TT and RPD-196, to another developer. The previously-approved tentative tract map complies with the requirements of Title 18 Subdivisions of the Camarillo Municipal Code, the current land use designation, and the applicable provisions of the RPD Zone, as the acre site and 285 for-sale airspace condominium units are adequate in size and shape to accommodate the intensity of the approved medium-density residential use approved under TT-5969 and RPD-196. There are currently no open code violations, and there have been no changes to the tentative tract map or surrounding area that would affect the project. All adopted conditions of approval CC XVIII A 2

161 for TT-5969 will continue to apply to the project. There are no other changes or additional conditions of approval proposed. The following findings may be used in support of the request for a one-year time extension from August 24, 2018 to August 24, 2019 for TT-5969: A. TT-5969 is consistent with the current General Plan land use designation of Medium Density Residential as the tentative tract map involves the subdivision of a acre site into two parcels, Lots 1 and 2, and further subdivision of Lot 1 into 285 for-sale, airspace condominium units with common landscaping, access and parking. B. TT-5969 complies with the requirements of the Camarillo Municipal Code because the approved project complies with all development standards including setbacks, lot coverage, landscaping, and parking requirements for the RPD Zone. The tentative tract map complies with Title 18-Subdivisions, as the map has been prepared by a registered civil engineer and provides all the necessary form and contents required. C. Adequate conditions of approval, including mitigations measures, have been required to ensure development will be consistent with City ordinances and policies. D. Adequate conditions have been imposed to ensure that the proposed project will not be detrimental to the public interest, health, safety and welfare, nor to existing uses for properties in the area. E. There have not been any changes to the Camarillo Municipal Code, tentative tract map, or the surrounding land uses that would prohibit the granting of a time extension. F. No changes to the tentative tract map are proposed and therefore no new significant environmental impacts exist that were not previously analyzed under Environmental Impact Report (EIR) , in conjunction with TT BUDGET IMPACT None. There is no budget impact as a result of this action. SUGGESTED ACTION Adopt a Resolution approving a one-year time extension from August 24, 2018, to August 24, 2019 for tentative tract map 5969, subject to all previously approved conditions of approval. CC XVIII A 3

162 ATTACHMENTS Resolution Public Hearing Notice Location Map CC Resolution REFERENCE MATERIALS AVAILABLE FOR REVIEW AT CITY HALL AND ON THE CITY S WEBSITE CC Resolution approving EIR and EIR Finance Review: GR CC XVIII A 4

163 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMARILLO APPROVING A REQUEST BY CAMARILLO VILLAGE HOMES, LLC, FOR A ONE-YEAR TIME EXTENSION FOR TENTATIVE TRACT 5969 TO DIVIDE A ACRE PARCEL INTO TWO PARCELS, LOTS 1 AND 2, AND FURTHER SUBDIVIDE LOT 1 INTO 285 AIRSPACE CONDOMINIUM UNITS WITH COMMON LANDSCAPING, ACCESS, AND PARKING, LOCATED NORTHEAST OF THE CORNER OF LEWIS ROAD AND PLEASANT VALLEY ROAD IN THE CITY S RESIDENTIAL PLANNED DEVELOPMENT, 15 DWELLING UNITS PER ACRE MAXIMUM (RPD-15U) ZONE. The City Council of the City of Camarillo resolves as follows: SECTION 1. General Findings. The City Council declares as follows: A. An application has been received from the property owner, Camarillo Village Homes, LLC, for the approval of a one-year time extension as permitted by Camarillo Municipal Code Section to an approved tentative tract map for the subdivision of a acre site into two parcels, Lots 1 and 2, and further subdivision of Lot 1 into 285 forsale, airspace condominium units with common landscaping, access and parking. The site is located northeast of the corner of Lewis Road and Pleasant Valley Road, and is zoned Residential Planned Development, 15 dwelling units per acre maximum (RPD-15U). B. A duly-noticed public hearing was held by the City Council at their meeting of October 10, 2018, and testimony was presented regarding the request. SECTION 2. Environmental Review. No changes to the tentative tract map are proposed and therefore no new significant environmental impacts exist that were not previously analyzed under Environmental Impact Report (EIR) , in conjunction with TT-5969 and RPD-196 and CUP-369. SECTION 3. Project Findings. The City Council, after reviewing the application and receiving testimony at a public hearing on this request for a one-year time extension to TT- 5969, finds that the request may be approved based on the following findings: A. TT-5969 is consistent with the current General Plan land use designation of Medium Density Residential as the tentative tract map involves the subdivision of a acre site into two parcels, Lots 1 and 2, and further subdivision of Lot 1 into 285 for-sale, airspace condominium units with common landscaping, access and parking. B. TT-5969 complies with the requirements of the Camarillo Municipal Code because the approved project complies with all development standards including setbacks, lot coverage, landscaping, and parking requirements for the RPD Zone. The tentative tract map complies with Title 18-Subdivisions, as the map has been prepared by a registered civil engineer and provides all the necessary form and contents required. C. Adequate conditions of approval, including mitigations measures, have been required to ensure development will be consistent with City ordinances and policies. Resolution No Page 1 of 2 CC XVIII A 5

164 D. Adequate conditions have been imposed to ensure that the proposed project will not be detrimental to the public interest, health, safety and welfare, nor to existing uses for properties in the area. E. There have not been any changes to the Camarillo Municipal Code, tentative tract map, or the surrounding land uses that would prohibit the granting of a time extension. F. No changes to the tentative tract map are proposed and therefore no new significant environmental impacts exist that were not previously analyzed under Environmental Impact Report (EIR) , in conjunction with TT SECTION 4. Approval of a one-year time extension for TT The City Council approves the time extension from August 24, 2018, to August 24, 2019, for TT-5969, based on the above findings and subject to all previously approved conditions of approval. SECTION 5. Office of Record. The record of proceedings upon which this decision is based is located in the Department of Community Development, which is the office of record for the same. PASSED, APPROVED AND ADOPTED on October 10, Attested to on Mayor City Clerk I, Jeffrie Madland, City Clerk of the City of Camarillo, certify Resolution No. was adopted by the City Council of the City of Camarillo at a regular meeting held, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: City Clerk c: Administrative Services Department (Information Systems Division) Public Works Department (Land Development Division) (3) Community Development Department Gerald J Marcil, Camarillo Village Homes, LLC Brandon Mann, Hawkeye Investments II Resolution No Page 2 of 2 CC XVIII A 6

165 City of Camarillo 601 Carmen Drive P.O. Box 248 Camarillo, CA Office of the City Clerk (805) Fax (805) NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Camarillo will conduct a public hearing on Wednesday, September 26, 2018 at 7:30 p.m., in the Council Chambers, 601 Carmen Drive, Camarillo, California, to consider the following: One-Year Time Extension for Tentative Tract Map (TT-5969), Camarillo Village Homes An application was received from the property owner, Camarillo Village Homes, LLC, for the approval of a one-year time extension, as permitted by Camarillo Municipal Code Section , to an approved tentative tract map for the subdivision of a acre site into two parcels, Lots 1 and 2, and further subdivision of Lot 1 into 285 for-sale, airspace condominium units with common landscaping, access and parking. The site is located northeast of the corner of Lewis Road and Pleasant Valley Road, and is zoned Residential Planned Development, 15 dwelling units per acre maximum (RPD-15U). No changes to the tentative tract map are proposed and therefore no new significant environmental impacts exist that were not previously analyzed under Environmental Impact Report (EIR) , in conjunction with TT Any person interested in these matters is invited to attend and present testimony either for or against the above item. If you challenge the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Council at or prior to the public hearing. Copies of the agenda report will be available for review prior to the public hearing on the City s website at and at the Clerk s counter at Camarillo City Hall located at 601 Carmen Drive, Camarillo, California, For further information, you may contact the City of Camarillo, Department of Community Development, Michelle Glueckert D Anna, at , or by at planning@cityofcamarillo.org. Jeffrie Madland, City Clerk CC XVIII A 7

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