Agenda packet — Oxnard City Council, January 4, 2022

Written materials relating to an item on this agenda that are distributed to the legislative bodies within 72 hours before the item is to be considered at its regularly scheduled meeting will be made available for public inspection at the City Clerk’s Office, 300 West Third Street 4th Floor during customary business hours. Agenda reports are also on the City of Oxnard web site at www.oxnard.org.

In compliance with the Americans with Disabilities Act, if you require special assistance to participate in a meeting, please contact the City Clerk’s Office at 385-7803. Notice at least 72 hours prior to the meeting will enable the City to reasonably arrange for your accessibility to the meeting.

Agenda Item time estimates: (Presentation / Council Discussion / Public Comment) AGENDA

OXNARD CITY COUNCIL

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY

OXNARD FINANCING AUTHORITY

OXNARD HOUSING AUTHORITY
Council Chambers, 305 West Third Street
January 4, 2022
Regular Meeting - 6:00 PM
Zoom details to call-in for public comment during a meeting:

1. Dial Phone Number: (888) 475-4499

2. Enter Meeting ID: 837 3038 5156

3. Passcode: 144867
If you wish to speak during public comments or a particular item on the agenda, please sign-on by following the zoom calling in steps listed above. Once the Mayor calls for public speakers, press *9 to raise your hand to inform the clerk you would like to speak during the public speaking section for that particular item on the agenda, while in the zoom waiting room.

This meeting is being held in accordance with Assembly Bill 361, allowing members of the City Council, members of the public and staff to participate via teleconference.

Consistent with City policies imposed to promote social distancing, the facility where the City Council regularly meets is temporarily closed to the public. The public is encouraged to view the meeting from home on Spectrum channel 10, Frontier channel 35, or YouTube at Youtube.com/oxnardnews. Video recordings of the meeting are typically available online following the meeting at the City’s website at www.oxnard.org/city-meetings.
*Please see the link for the Measure M pre-recorded presentation video for each item listed on this agenda.

YOU MAY PARTICIPATE IN THE MEETING IN THE FOLLOWING WAYS:

1. EMAILING COMMENTS OR REQUESTING TO SIGN UP TO SPEAK BEFORE THE MEETING a. Submit an email to [email protected] no later than 3 p.m. on the day of the meeting (Please indicate the agenda item number in the subject line). All email correspondence will be forwarded to the City Council prior to the start of the meeting and made part of the legislative record.
b. Submit a request to speak by no later than 3 p.m. on the day of the meeting by using the form available at www.oxnard.org/city- meetings, emailing the City Clerk at [email protected], or calling the City Clerk at (805) 385-7803.

2. PROVIDING PUBLIC COMMENTS DURING THE MEETING
a. To provide public comment without requesting to speak prior to the meeting, during the meeting dial (888) 475-4499 and enter the Meeting ID and Passcode listed above as the Zoom details for this meeting. b. Public comments on agenda items shall be taken following the announcement of the item. After the item is announced, members of the public shall have three minutes to register or otherwise be recognized for the purpose of providing public comment. During this three-minute time period, public comments may be taken and the City Council or staff may discuss the item being considered or briefly respond to public comments.

Detailed participation instructions can be found at www.oxnard.org/city-meetings.

In the event of a disruption which prevents a legislative body of the City of Oxnard from broadcasting a meeting using a call-in option or internet-based service option, or in the event of a disruption within the City’s control which prevents members of the public from offering public comment using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing 1 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY January 4, 2022 PAGE 2
on a meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. However, if any of the broadcast options are disrupted, but any of the other broadcast options is still available to the public, the legislative body may take further action on items appearing on a meeting agenda without waiting for the disrupted broadcast option(s) to be restored. * The City has filed pre-election and post-election lawsuits regarding the validity of Measure M.

A. ROLL CALL, POSTING OF AGENDA
THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council

B. OPENING CEREMONIES (6:00 PM)
Pledge of allegiance to the flag of the United States.

C. CEREMONIAL ITEMS

1. SUBJECT: Presentation of a Proclamation Designating January 17, 2022 as "Dr. Martin Luther King, Jr. Day."

D. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA

At this time, the legislative body will consider public comments for a maximum of thirty minutes. A person may address the legislative body only on matters not appearing on the agenda and within the subject matter jurisdiction of the legislative body. Speaker requests shall be submitted as set forth on the first page of this agenda. Speakers are limited to three minutes. If the allotted 30 minute time period expires before all speakers have had the opportunity to speak, the remaining speakers will be given an opportunity to speak prior to adjournment of the meeting. The legislative body cannot enter into a detailed discussion or take action on any items presented during public comments at this time. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion. Persons wishing to speak on public hearing items should do so at the time of the hearing.

E. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY

The City Manager/Executive Director/Secretary shall report on items of interest to the legislative body occurring since the last meeting. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion.

1. City Manager Department
SUBJECT: COVID-19 Update from Director of Emergency Services. (10/5/5)

RECOMMENDATION: That the City Council:

1. Receive and file an update from the Director of Emergency Services on the COVID19 Local Emergency; and

2. Re-authorize remote teleconference meetings of the legislative bodies of the City of Oxnard in accordance with Assembly Bill 361 based on the following findings:(i) The City’s COVID-19 Comprehensive Policy and Protocol imposes measures to promote social distancing; (ii) The Governor's proclaimed state of emergency remains in effect; (iii) Ventura County’s COVID-19 case rate is still considered widespread community transmission by the Centers for Disease Control and Prevention and the California Department of Public Health; (iv) The Ventura County Health Officer has recommended that social distancing measures continue to be practiced throughout Ventura County communities to minimize the spread of COVID-19; and (v) As a result 2 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY January 4, 2022 PAGE 3
of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430
F. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY

BUSINESS/COMMITTEE REPORTS

At this time, a member of the legislative body may make a brief announcement, or make a brief report on his or her activities. Further, members of the legislative body may request to schedule consideration of whether to place an item on a future agenda. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. The member's report shall not exceed three minutes, unless additional time is granted by the presiding officer.

G. REVIEW OF INFORMATION/CONSENT AGENDA
The members of the legislative body will consider whether to remove Information/Consent Agenda items for discussion later during the meeting.

H. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
At this time, a person may address the legislative body only on matters appearing on the information/consent agenda. The presiding officer shall limit public comments to three minutes.

I. INFORMATION/CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of the December 6, 2021 special meeting and the December 7, 2021 regular meeting as presented.

Legislative Body: City Council
Contact: Rose Chaparro, (805) 385-7805

2. Public Works Department
SUBJECT: Grant Application for the Clean California Local Grant Program.

RECOMMENDATION: That the City Council adopt a resolution:

1. Authorizing the City Manager to submit a grant application for an amount not to exceed $5,000,000 in Clean California Local Grant Program funds to be used for the Oxnard Beautification and Clean-up Project; and

2. Authorizing the City Manager or designee to execute grant agreements; the Finance Director or designee to submit financial reports and grant claims and approve budget appropriations for the use of grant funds; and the Director of Public Works or designee to submit non-financial reports. (This item did not originate in Committee.)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

3. Fire Department
SUBJECT: Purchase of Eight (8) Battalion Chief Command Vehicles.

RECOMMENDATION: That City Council ratify the authorization of the Mayor to Execute Purchase Order 8388 in the Amount of $419,673.90 for the Purchase of Eight (8) Battalion Chief Command Vehicles Chassis through National Auto Fleet.
3 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY January 4, 2022 PAGE 4
(This item did not originate in Committee.)
Legislative Body: City Council
Contact: Alexander Hamilton, (805) 385-7700

4. Public Works Department
SUBJECT: Budget Appropriation for the Pilaster Jacket Repairs at Mandalay Bay Seawalls Project PW 17-16.

RECOMMENDATION: That the City Council approve and authorize:

1. A budget appropriation transfer in the amount of $145,000 from the General Fund 101 contingency to the General Fund Capital Outlay Fund 301 for the Pilaster Jacket Repairs at Mandalay Bay Seawalls Project PW 17-16 (Project No. 191601); and

2. An increase of $145,000 in Project contingency from $63,400 to $208,400 for use in this Project.
(This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program.)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

5. Housing Department
SUBJECT: 2021 HOME American Rescue Plan Funding.

RECOMMENDATION: That City Council approve the following actions:

1. Authorize the City Manager to accept funds through the HOME American Rescue Plan provided by the Department of Housing and Urban Development;

2. Authorize the City Manager to execute the HOME ARP Grant Agreement by and between the City of Oxnard and the Department of Housing and Urban Development for the use of $2,772,021; and

3. Direct staff to return to the City Council with a 2021-2022 Annual Action Plan amendment that includes proposed activities and a Funding Allocation Plan for the HOME ARP program once the compliance documentation has been completed.

Legislative Body: City Council
Contact: Emilio Ramirez, (805) 385-8094

6. Public Works Department
SUBJECT: Calleguas Water District Annexation at Garden City Acres Park.

RECOMMENDATION: That the City Council approve and authorize the Public Works Director to sign:

1. The Landowners Request to Annex and Approval of Parcel Charge; and

2. The Indemnification Agreement A-8401 between the Calleguas Municipal Water District and the City of Oxnard for the annexation of property located at 5302 Cypress Road. (Public Works and Transportation Committee approved 3-0) Contact: Michael Wolfe, (805) 385-8055

7. Public Works Department
SUBJECT: First Amendment to Purchase Order #8349 with Badger Meters, Inc. for Advanced 4 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY January 4, 2022 PAGE 5
Metering Infrastructure (AMI) Capable Water Meters.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a First Amendment to Purchase Order #8349 with Badger Meters, Inc. in the amount of $150,000 for a new total not to exceed value of $250,000 for replacement water meters through September 1, 2022.
(Public Works and Transportation Committee approved 3-0) Contact: Michael Wolfe, (805) 385-8055

8. Public Works Department
SUBJECT: Agreement A-8402 with Professional Security Consultants for Security Services at Various City Locations.

RECOMMENDATION: That the City Council approve and authorize the:

1. Mayor to execute Agreement A-8402 with Professional Security Consultants, for an initial term ending June 30, 2023 and the option to extend for two consecutive periods of one year each, not to surpass June 30, 2025, and for a total contract not-to-exceed amount of $2,660,000, for security services at various City locations; and

2. Purchasing Agent to execute amendments to Agreement A-8402 for a total term of three years and five months with a possible termination date of June 30, 2025 and a total not-to-exceed amount of $2,660,000.
(Public Works and Transportation Committee approved 3-0) Contact: Michael Wolfe, (805) 385-8055
J. PUBLIC HEARINGS

1. Community Development Department

SUBJECT: DMV Oxnard Field Office Drainage Easement Vacation; Planning and Zoning (PZ) Permit No. 21-660-02 (Easement Vacation)- A Resolution to vacate two forty (40) foot wide drainage easements, totaling approximately 24,600 square feet, located at 4050 South Saviers Road. (0/0/05)

RECOMMENDATION: That the City Council conduct a public hearing and:

1. Find the project exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3); and

2. Adopt a resolution to vacate its right, title and interest in the two forty (40) foot wide drainage easements, totaling approximately 24,600 square feet, crossing the two parcels located at 4050 South Saviers Road.

3. Authorize the Mayor to sign the Quitclaim Deed releasing City authority and/or rights to the access drainage easement State of California for parcels 219-0-110-355 and 219-0-110-405.(This item did not originate in Committee)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/fcOmiIe34gk
Legislative Body: City Council
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY January 4, 2022 PAGE 6
Contact: Vyto Adomaitis, (805) 385-7882

2. Community Development Department

SUBJECT: Encanto Homes Subdivision: Request For Approval of Planning and Zoning Permit (PZ) No. 20-300-04 Tentative Tract Map No. 6054 as modified by PZ No. 21-550-03 (Major Modification), for a proposed 27 home subdivision on 4.1 acre (gross) site located at 1101 and 1111 West Second Street (APN: 202-0-233-355) and 1101 West First Street (APN: 202-0-233- 345). Filed by Henry Casillas, on behalf of the Oxnard Union High School District, property owner, 451 West Fifth Street, Oxnard, California 93030. (0/10/10)

RECOMMENDATION: That the City Council:

1. Conduct a public hearing

2. Find the Project to be Exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15332 (In-fill Development Projects) of the CEQA Guidelines;

3. Adopt a Resolution approving Planning and Zoning Permit No. 20-300-04 Tentative Tract Map No. 6054 as modified by PZ No. 21-550-03 (Major Modification), subject to certain findings and conditions.(This item did not originate in Committee)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/3lH08UhzdBI
Legislative Body: City Council
Contact: Vyto Adomaitis, (805) 385-7882
K. REPORTS

1. Public Works Department
SUBJECT: Budget Appropriation for Irrigation Repairs. (0/10/5)

RECOMMENDATION: That the City Council approve and authorize a budget appropriation in the amount of $400,000 from the General Fund available fund balance to the Parks Division for the use of citywide irrigation repairs.

Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/JriS2GYcW1Y
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

2. Public Works Department
SUBJECT: Update on Drought Condition Report. (0/10/5)

RECOMMENDATION: That the City Council:

1. Approve the City stay in a Stage 2 water shortage condition pursuant to the City Council approved Resolution No. 14,741;

2. Provide feedback on the water conservation outreach, education, and enforcement plan; and

3. Provide feedback on a potential new resolution with the appropriate water shortage stage and conservation measures should a 0% allocation be finalized in Spring 2022. 6 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY January 4, 2022 PAGE 7
(Public Works and Transportation Committee approved 3-0) Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/r6RGyLuhcGo
Contact: Michael Wolfe, (805) 385-8055
L. ADJOURNMENT

7 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. I.1

DATE: January 4, 2022

TO: City Council

FROM: Rose Chaparro, City Clerk, (805) 385-7805, [email protected]

SUBJECT: Approval of Minutes.

RECOMMENDATION

That the City Council approve the minutes of the December 6, 2021 special meeting and the December 7, 2021 regular meeting as presented.

BACKGROUND

Approval of Minutes.

STRATEGIC PRIORITIES

This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.

FINANCIAL IMPACT

There is no financial impact.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Rose Chaparro, City Clerk

ATTACHMENTS

1. MINUTES 12 06 2021 CC Special Meeting

2. MINUTES 12 07 2021 CC Regular Meeting
8 MINUTES

OXNARD CITY COUNCIL
Special Meeting
December 6, 2021

A. ROLL CALL, POSTING OF AGENDA
At 5:05 p.m., Mayor Pro Tem MacDonald called to order the special meeting of the Oxnard City Council, in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California. The City Clerk called the roll and announced the posting of the agenda.

Mayor Pro Tem Bryan A. MacDonald participated in person. Councilmembers Gabriela Basua, Vianey Lopez, and Bert E. Perello were present via videoconference. Mayor John C. Zaragoza was absent. There is currently a vacant Council seat.

Councilmember Oscar Madrigal joined the meeting at 6:20 p.m., via videoconference.

Staff members present in person were Alexander Nguyen, City Manager; Stephen M.

Fischer, City Attorney ; Ken Rozell, Chief Assistant City Attorney; Jason Zaragoza,
Deputy City Attorney; and Rose Chaparro, City Clerk.

Staff member Shiri Klima, Deputy City Manager participated via videoconference.

Also present via videoconference were Jose Eduardo Chavez, Field Staff Lead with the California Citizens Redistricting Commission and Kristen Parks , Consultant with National Demographics Corporation.

THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council

B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS (None received.)

C. CLOSED SESSION (5:00 PM)

1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))
Name of case: City of Oxnard v. County of Ventura
2d Civil No. B312348 (Super. Ct. No. 56-2021-00552428-CU-WM-VTA) Legislative Body: City Council

At 5:11 p.m., the City Council recessed to a closed session. At 5: 55 p.m., the City Council reconvened in open session in the Council Chambers. T he City Attorney made the following announcement: By a vote of 4 to 0, with Mayor Zaragoza and Councilmember Madrigal absent and a vacant Council seat, the City Council has given its legal counsel approval to seek review or relief regarding the Court of Appeal’s affirming the trial court denial of the City’s motion for preliminary injunction in the action entitled City of Oxnard v. County of Ventura, et al., which concerns the provision of ambulance transport services in the City.

D. OPENING CEREMONIES
9 DECEMBER 6, 2021 OXNARD CITY COUNCIL PAGE 2

E. APPOINTMENT ITEMS (6:00 PM)

1. City Attorney Department SUBJECT: California Citizens Redistricting Commission Presentation RECOMMENDATION: That the City Council receive a presentation from the California Citizens Redistricting Commission.

Ken Rozell, Chief Assistant City Attorney introduced Jose Eduardo Chavez, Field Staff Lead with the Califo rnia Citizens Redistricting Commission, who presented and answered questions. Discussion ensued among the Council and staff. Report was received and filed, no formal action was required.

F. PUBLIC HEARINGS

1. City Attorney Department
SUBJECT: Public Hearing regarding Redistricting of City Council Districts. (15/30/30)

RECOMMENDATION: That the City Council conduct a public hearing regarding the redistricting process for City Council districts and receive a presentation on the online and paper mapping tools that are available to encourage public participation in the City's redistricting process.

The City Clerk announced the affidavit of publicati on and stated that no written communications were received. Kristen Parks, Consultant with National Demographics Corporation, gave a report and answered questions from Council.

Mayor Pro Tem MacDonald opened the public testimony portion of the public hearing. Public comments were received from Ronald Arruejo.

Without objection, the Council approved closing the public testimony portion of the public hearing. Discussion ensued among the Council and staff. Report was received and filed, no formal action was required.

D. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Pro Tem MacDonald adjourned the meeting at 7:24 p.m.

ROSE CHAPARRO BRYAN A. MACDONALD
City Clerk Mayor Pro Tem, District 4

10 MINUTES

OXNARD CITY COUNCIL
Regular Meeting
December 7, 2021

A. ROLL CALL, POSTING OF AGENDA
At 4:30 p.m., Mayor John C. Zaragoza called to order the regular meeting of the Oxnard City Council, in the City Hall Council Chambers at 305 W. Third Street, Ox nard, California. The City Clerk called the roll and announced the posting of the agenda. Mayor Pro Tem Bryan A. MacDonald and Councilmembers Gabriela Basua, Vianey Lopez, and Bert E. Perello were present via videoconference. Mayor Zaragoza was present in person.

Councilmember Gabriel (Gabe) Teran joined the meeting in person at 6:00 p.m. to be sworn into office; and returned to the meeting via videoconference at 6:10 p.m., after receiving the Oath of Office.

Councilmember Oscar Madrigal joined the meeting via videoconference at 6:25 p.m.

Housing Authority Commissioner Vega joined the meeting at 6:00 p.m., via videoconference as well.

Staff members present in person were Alexander Nguyen, City Manager; Stephen M. Fischer, City Attorney; Ken Rozell, Chief Assistant City Attorney; Terrel Harrison, Cultural & Community Services Director; and Rose Chaparro, City Clerk.

Staff members Ashley Golden, Assistant City Manager; Shiri Klima, Deputy City Manager; Adam Smith, Project Manager; Jason Benites, Police Chief; Delia Campbell, Police Finance Manager; Alexander Hamilton, Fire Chief
; Michael Wolfe, Public Works Director; Brian Yanez, Assistant Public Works Director; Steve Howlett, Assistant Public Works Director; Tatiana Arnaout, Senior Civil Engineer ; Todd Vasquez-Housley, Environmental Resources Division Manager; Emilio Ramirez, Housing Director; Vyto Adomaitis, Community Development Director; Isidro Figueroa, Principal Planner; Joe Pearson II, AICP, Senior Planner; Steve Naveau, Human Resources Director; B etsy George, Chief Financial Officer; Jennifer Hiraoka, Sr. Manager of Internal Controls & Acting Controller; and Eden Alomeri, Revenue & Licensing Director & Assistant City Treasurer; participated via videoconference.

David Maron, Chief Executive Officer with the Ventura County Civic Alliance; Alfredo Palomar, Real Estate Officer at the State of California, Department of General Services ; Laura K. McAvoy, Attorney at MusickPeeler; Stan Rothbart, Rothbart Development Attorney; Beverly Gutierrez, Managing P artner with Hoffman, Vance & Worthington; Seena Max Samimi , Counsel at JMBM; Alex Soriano; David Garcia, Chief Operating Officer at FGH Retail Services, LLC; and Michael Chernis, Legal Counsel at Chernis Law also participated via videoconference.

THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council and Housing Authority.

B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS (None received.)

C. CLOSED SESSION (4:30 PM)

1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Government Code Section 54956.9(d)(1))
11 DECEMBER 7, 2021 OXNARD CITY COUNCIL PAGE 2

Name of cases: National Prescription Opiate Litigation commonly known as the “Distributor” and “Janssen” settlements (see, www.nationalopioidsettlement.com and www.oag.ca.gov/opioids).

Legislative Body: City Council

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Government Code section 54956.9(d)(2))
Based on existing facts and circumstances, there is significant exposure to litigation against the City in one potential case regarding change orders requested by Harbour Constructors, Inc. f or specification No. PW 17-16.

Legislative Body: City Council

At 4:41 p.m., the City Council recessed to a closed session. At 5:10 p.m., the City Council reconvened in open session in the Council Chambers. The City Attorney made the following announcement: By a vote of 5 to 0, with Councilmember Madrigal absent and a vacant Council seat, the City Council has given its legal counsel approval to enter into two proposed settlements resolving claims against the nation’s 3 largest opi oid Distributors (AmerisourceBergen, Cardinal Health, and McKesson) and manufacturer Janssen Pharmaceuticals and its parent company Johnson & Johnson for their roles in the opioid epidemic. City would receive approximately $3.5 million in settlement funds over the course of between 7 and 18 years. The settlement funds would have to be used for substance use prevention, harm reduction, treatment, and recovery programs. More information about the settlements is posted at www.nationalopioidsettlement.com.

D. APPOINTMENT ITEMS (5:30 – 6:00 PM)

1. City Manager Department SUBJECT: Ventura County Civic Alliance State of the Region Report. (5:30 p.m.) RECOMMENDATION: That the City Council receive the State of the Region Report from the Ventura County Civic Alliance.

David Maron, Chief Executive Officer with the Ventura County Civic Alliance , presented and answered questions. Discussion ensued among the Council and staff. Report was received and filed, no formal action was required.

E. OPENING CEREMONIES (6:00 PM)

The flag salute was followed by a moment of silence.

F. CEREMONIAL ITEMS

1. SUBJECT: Declare Results of the Canvass of Returns of the November 2, 2021 District 2 Special Municipal Vacancy Election and Administer the Oath of Office. (5/10/10)

The City Council adopted Resolution No. 15,512 declaring the results of the canvass of returns of the November 2, 2021 City of Oxnard, District 2 (short term), Special Municipal Vacancy Election.

The City Clerk administered the oath of office to newly elected Councilm ember Gabriel Teran, followed by remarks from the Mayor and Councilmembers.

It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Perello, to approve the recommended action as presented. VOTE: Lopez, MacDonald, Basua, Perello, and Zaragoza voted in favor; the motion carried 12 DECEMBER 7, 2021 OXNARD CITY COUNCIL PAGE 3

5-0. Councilmember Madrigal was absent.

2. SUBJECT: Special Guest from the North Pole.

Santa Claus came to visit the City of Oxnard from the North Pole to spread some holiday cheer.

G. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Public comments were received from Tai M. Hartley (Complaint against Councilmember Perello), Armando Delgado, Carpenters Union Local 805 Representative (Cost of living, employment opportunities, wages and benefits for local hires), and Lang Martinez (Homeless concerns).

H. REPORT OF CITY MANAGER

1. City Manager Department SUBJECT: COVID-19 Update from Director of Emergency Services. (10/5/5)

RECOMMENDATION: That the City Council:

1. Receive and file an update from the Director of Emergency Services on the COVID19 Local Emergency.

2. Approve the re-authorization of remote tele
conference meetings of the legislative bodies of the City of Oxnard in accordance with Assembly Bill 361.

Alexander Nguyen, City Manager, presented and answered questions from Council. No public comments were received.

It was moved by Councilmember Perello, seconded by Councilmember Lopez , to approve the recommended action. VOTE: Basua, Madrigal, MacDonald, Teran, Lopez, Perello, and Zaragoza voted in favor; the motion carried 7-0.

I. CITY COUNCIL REPORTS
Councilmember Teran thanked every one again for electing him to City Council and he is looking forward to continuing his work as a Councilmember. Announced that he is a very proud graduate of Oxnard College.

Encouraged young resident to enroll and benefit from attending classes. Council member Teran participated in the Tree Lighting and the Christmas Parade. He congratulated the Freemont South Neighborhood Council which elected a new executive board during this meeting. Congratulated Jaime Moreno for being elected chair.

Selected to support Aswell Trophy as his local business.

Councilmember Lopez welcomed back Councilmember Teran to the City Council. Councilmember Lopez participated in the Tree Lighting and the Christmas Parade. She thanked everyone involved in organizing the events and those that participated as well. She attended with Councilmember Basua and Councilmember Perello, the World Aids Day program about HIV / Aids statics in Ventura County. Encouraged the public to get tested and be safe. She encouraged residents to att end the Aquatic Center meeting at College Park this Saturday Selected to support Jungle Juice as her local business.

13 DECEMBER 7, 2021 OXNARD CITY COUNCIL PAGE 4

Councilmember Madrigal selected to support Tacos El Centenario Food Truck. Announced that there was a large crowd that attended the Tree Lighting and that it was also great that the entire City Council was together in one place at this event. He also participated in the Christmas Parade and thanked everyone that participated this year.

Councilmember Basua selected to support In The Sauc e as her local business. She thanked Mayor Pro Tem MacDonald for his dedication and hard work toward the Halaco Superfund Site clean -up efforts. She also attended the Tree Lighting and the Christmas Parade, and thanked staff for organizing these events. She encouraged residents to attend the upcoming Aquatic Center meeting at College Park. She also attended the World’s Aids Day event.

Councilmember Perello selected to support the Golden Egg Restaurant as his local business. He attended the eighth night of the l ighting of the menorah for Hanukkah at the Jewish Council. He also attended the Christmas Parade and the World’s Aid Day events.

Mayor Zaragoza thanked everyone that attended and participated in the Tree Lighting and the Christmas Parade events.

J. REVIEW OF INFORMATION/CONSENT AGENDA

Items L-1 through L-5 were discussed among the Council and staff.

K. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA (None received.)

L. INFORMATION/CONSENT AGENDA

1. City Clerk Department SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of the October 19, 2021 regular meeting as presented.

2. City Manager Department SUBJECT: State of California Grant for the South Oxnard Aquatic Center.

RECOMMENDATION: That the City Council:

1. Adopt Resolution No. 15,513 approving the filing of project applications for $5,000,000 in State of California Specified Grant funds for the South Oxnard Aquatic Center at College Park, delegating authority to the City Manager regarding negotiations and execution of all documents necessary for the completion of the project scopes, and making required certifications and agreements to comply; and

2. Approve a budget appropriation for the use of the awarded grant funds.

3. Police Department
SUBJECT: Resolution No. 15,514 Commending John Brisslinger for 21 Years of Exemplary Service to the City of Oxnard.

RECOMMENDATION: That the City Council adopt Resolution No. 15,514 commending John Brisslinger for twenty-one years of outstanding service to the City of Oxnard Police Department. 14 DECEMBER 7, 2021 OXNARD CITY COUNCIL PAGE 5

4. Police Department SUBJECT: Federal and State Asset Forfeiture Funds.

RECOMMENDATION: That City Council approve a budget appropriation in the amount of $217,000 for the use of Federal ($60,000) and State ($157,000) asset forfeiture funds allocated to the City of Oxnard's Police Department.
(The Community Services, Public Safety, Housing and Development Committee approved 2-0 on November 9, 2021.)

5. City Manager Department SUBJECT: 2022 Meeting Schedule for Legislative Bodies.

RECOMMENDATION: That City Council, Community Development Commission Successor Agency, Financing Authority, and Housing Authority approve the proposed meeting dates for the calendar year 2022.

The minutes of the October 19, 2021 regular meeting were pulled for revisions and will be brought back for Council approval at a future meeting.

Consent Agenda Item: L.1:

It was moved by Councilmember Per ello, seconded by Mayor Zaragoza , to pull consent item L.1 from the consent agenda. VOTE: MacDonald, Perello, Basua, Madrigal, Zaragoza, Teran, and Lopez vot ed in favor; motion passed 7-0.

Consent Agenda Items: L.2 – L.5:

It was moved by Councilmember Lopez, seconded by Mayor Zaragoza , to approve the Information/Consent items L.2 – L.5 as presented. VOTE: MacDonald, Perello, Basua, Madrigal, Zaragoza, Teran, and Lopez voted in favor, motion passed 7-0.

M. PUBLIC HEARINGS

1. Community Development Department

SUBJECT: Project Name: FGH Retail Services, LLC. - Appeal of the Planning Commission's Decision to Approve Planning and Zoning Permit No. 21-516-36 (Special Use Permit- Cannabis Retail) regarding property at 2320 North Rose Avenue (APN: 213-0-011-255). (20/10/10)

RECOMMENDATION: That the City Council:

1. Conduct a public hearing;

2. Find the Project to be Categorically Exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15301 (Exi sting Facilities);
and

3. Adopt Resolution No. 15,515 denying the appeal and upholding the Planning Commission’s approval of Planning and Zoning Permit No. 21-516-36 (Special Use Permit- Cannabis Retail), subject to certain conditions and findings.

The City Clerk announced the affidavit of publication and state that no written public comments were received.

A supplemental lette r from Seena M. Samimi on behalf of Jeffer Mangels Butler & Mitchell LLP, regarding FGH Retail Services, LLC was dated and received on December 7, 2021, and it was forwarded to Council. 15 DECEMBER 7, 2021 OXNARD CITY COUNCIL PAGE 6

Scott Kolwitz, Planning & Environmental Services Manager and Ken Rozell, Chief Assistant City Attorney gave a report and answered questions.

Mayor Zaragoza opened the public testimony portion of the public hearing. Public comments were received

from Seena Max Samimi, Nancy Lindholm, Stanley Rothbart, Marissa Roman, Ariella Dragonberg, Bobby Martinez, Jesse Ramos, Andrew Salinas, Ofer Rosenzweig, Eileen, Christina Zbko, Laura McAvoy, Beverly Gutierrez, Vanessa Hernandez, and Michael Chernis
.

Without objection, the Council approved closing the public testimony portion of the public hearing. Discussion ensued among the Council and staff.

It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Lopez, to approve the recommended action as presented. VOTE: Lopez, Basua, Teran, Zaragoza, MacDonald, Perello, and Zaragoza voted in favor; the motion carried 7-0.

2. Community Development Department

SUBJECT: SUBJECT: Planning & Zoning (PZ) Permit No. 21-580-05 Bed and Breakfast Parking Regulations (Zone Text Amendment) – Amendment to the Oxnard City Code Section 16-374 “Standards for Traditional Bed and Breakfast (Homestay)” allowing Bed and Breakfast Homestays (containing no more than t
wo guest bedrooms) located on corner lots may credit the nonprimary street frontage toward the parking requirement, with 25 linear feet equal to one parking space, subject to approval of the decision maker associated with the underlying permit. (5/5/5)

RECOMMENDATION: That the City Council:

1. Conduct a public hearing;

2. Determine the Zone Text Amendment is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines 15060(c)(2) and (3) and 15061(b)(3); and

3. Introduce Ordinance No. 3006
for first reading (by title only, waiving further reading) allowing Bed and Breakfast Homestays (containing no more than two guest bedrooms) located on corner lots may credit the nonprimary street frontage toward the parking requirement, with 25 linear feet equal to one parking space, subject to approval of the decision maker associated with the underlying permit.
(Planning Commission recommend approval 7-0.)
The City Clerk announced the affidavit of publication and stated that no written communications were received.

Isidro Figueroa, Principal Planner and S cott Kolwitz, Planning & Environmental Services Manager gave a report and answered questions.

Mayor Zaragoza opened the public testimony portion of the public hearing. No public comments were received.

Without objection, the Council approved closing the public testimony portion of the public hearing. Discussion ensued among the Council and staff.

It was moved by Councilmember Basua, seconded by CouncilmemberTeran, to approve the recommended action as presented. VOTE: Perello, Madrigal, Basua, Zaragoza, Lopez, and Teran voted in favor; the motion carried 6 -
0-1. Mayor Pro Tem MacDonald abstained due to owning property near the project location. 16 DECEMBER 7, 2021 OXNARD CITY COUNCIL PAGE 7

N. REPORTS

1. Community Development Department

SUBJECT: DMV Oxnard Field Office Drainage Easement Vacation; Planning and Zoning (PZ) Permit No. 21-660-02 (Easement Vacation); A Resolution of Intention to vacate two forty (40) foot wide drainage easements, totaling approximately 24,600 square feet, located at 4050 South Saviers Road. (0/5/5)

RECOMMENDATION: That the City Council:

1. Find the project exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3);

2. Adopt Resolution No. 15,516 declaring its intention to vacate its right, title and interest in two forty (40) foot wide drainage easements, totaling approximately 24,600 square feet, crossing the two parcels located at 4050 South Saviers Road; and

3. Direct the City Clerk to schedule a public hearing in accordance with the vacation procedures contained in California Streets and Highway Code Section 8300 et seq to be held on Tuesday, January 4, 2022 at 6:00 p.m. at the at the City Council Chambers of the City of Oxnard located
at 305 West Third Street in Oxnard, California.

Scott Kolwitz, Planning & Environmental Services Manager, presented and answered questions. No public comments were received. Discussion ensued among the Council and staff.

It was moved by Councilmember Perello, seconded by Councilmember Madrigal , to approve the recommended action as presented. VOTE: Teran, MacDonald, Zaragoza, Perello, Madrigal, Basua, and Lopez voted in favor; motion passed 7-0.

2. Finance Department SUBJECT: Update on Corrective Action Plan (CAP). (0/5/5) RECOMMENDATION: That the City Council receive an update on the Corrective Action Plan (CAP). (Finance and Governance Committee approved 3-0.) Betsy George, Chief Financial Officer and Jennifer Hiraoka, Sr. Manager of Internal Controls & Acting Controller presented and answered questions. No public comments were received. Discussion ensued among the Council and staff. Report was received and filed, no formal action was required.

3. City Manager Department

SUBJECT: American Rescue Plan Act budget appropriation, authorization of new FTEs for ARPA projects, and delegation of ARPA contract awarding and executing authority to the City Manager. (0/5/5)

RECOMMENDATION: That the City Council:

1. Approve a budget appropriation recognizing $16,192,200 in federal grant revenue and appropriating $48,192,200 for the Council approved City’s American Rescue Plan Act (ARPA) funding of projects and programs that will respond to the COVID-19 pandemic, address its economic fallout, and lay the foundation for a strong and equitable recovery in the City of Oxnard;
17 DECEMBER 7, 2021 OXNARD CITY COUNCIL PAGE 8

2. Adopt Resolution No. 15,517 approving an amendment to the classification and salary range resolution for the Senior Project Manager classification to implement ARPA projects;

3. Adopt Resolution No. 15,518 approving an amendment to the position control resolution to add four (4) Full-time Equivalent employees to implement ARPA projects; and

4. Adopt Resolution No. 15,519 delegating contract awarding and executing authority to City Manager for non-public projects, and for subrecipient agreements funded in whole or in part by ARPA.

Alexander Nguyen, City Manager presented and answered questions. Public comments were received from Wendi Cool with Ventura County Ice Sports and Armando Delgado, Carpenters Union Local 805 Representative. Written comments were also received from Wendi Cool. Discussion ensued among the Council and staff.

It was moved by Mayor Zaragoza, seconded by Councilmember Madrigal, to approve the recommended action as presented. VOTE: Basua, Madrigal, MacDonald, Teran, Lopez, Perello, and Zaragoza voted in favor; motion passed 7-0.

At 9:58 p.m. City Council voted to continue the meeting past 10:00 p.m., and take action on the remainder of the items on the agenda.

It was moved by Councilmember Perello, seconded by Councilmember Teran, to approve the recommended action as presented. VOTE: MacDonald, Perello, Basua, Madrigal, Zaragoza, Teran, and Lopez voted in favor;
the motion carried 7-0.

4. Public Works Department

SUBJECT: Agreement A-8400 to G2K Construction, Inc. for the Replacement of Truck Weigh Scales at the Del Norte Recycling Center and Transfer Station Project Specification No. PW 20-59. (0/5/5)

RECOMMENDATION: That the City Council approve and authorize the following for a total of $3,576,216 in Project funds for the Replacement of Truck Weigh Scales at the Del Norte Recycling Center and Transfer Station Project, Specification No. PW 20-59 (Project No. 216803):

1. The Mayor to execute Agreement A-
8400 with G2K Construction, Inc. in the amount of $2,980,180 for the Project;

2. A Project contingency amount of $298,018 for the Project;

3. A Project allocation amount of $298,018 for engineering, inspection, survey and project management for the Project; and

4. A budget appropriation in the amount of $1,126,216 from the available fund balance in the Solid Waste Operating Fund (631) for the Project.

Tatiana Arnaout, Senior Civil Engineer presented and answered questions. No public comments were received.

Discussion ensued among the Council and staff.

It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Basua, to approve the recommended action as presented. VOTE: Madrigal, Lopez, Teran, MacDonald, Basua, Perello, and Zaragoza voted in favor; motion passed 7-0.
18 DECEMBER 7, 2021 OXNARD CITY COUNCIL PAGE 9

O. ADJOURNMENT

There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 10:17 p.m.

ROSE CHAPARRO JOHN C. ZARAGOZA
City Clerk Mayor

19 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. I.2

DATE: January 4, 2022

TO: City Council

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]

SUBJECT: Grant Application for the Clean California Local Grant Program.

RECOMMENDATION

That the City Council adopt a resolution:

BACKGROUND

The Clean California Local Grant Program (Program) is a competitive statewide program created to beautify and clean up local streets and roads, tribal lands, parks, pathways, transit centers, and other public spaces. The Program is one part of the nearly $1.1 billion Clean California initiative that takes direct aim at the continuous trash generation that has overwhelmed California Department of Transportation (Caltrans) and its partners. The Program budget is approximately $296 million, for projects that will be completed and open to the public, with all funds expended, by June 30, 2024. Each grant award shall not exceed $5,000,000.

After attending a series of three public grant program workshops, staff discussed the grant program priorities vis-a-vis City needs at three staff meetings which began in September 2021 in order to evaluate potential City projects that would be competitive applications in the grant program. Staff also presented the grant program and potential City projects at the Parks, Recreation, and Community Services Commission meeting held on November 17, 2021. Staff received input from the Commission and integrated their suggestions into the grant proposal development.

DISCUSSION
Following the three staff meetings, which involved both Community Services and Public Works staff, and the subsequent Parks, Recreation, and Community Services Commission meeting, the project application was narrowed down to the selected nearly shovel-ready project. The project involves the beautification of the Camino del Sol Community Garden, the installation of trash receptacles in City parks, a city-wide litter abatement and illegal dumping prevention media campaign, and the coordination of park cleanup events linked with park beautification. The project was planned considering current and multiple needs in the City, as well as maximizing application scoring by considering the multi- objective criteria set forth by the grantor. The grant scoring criteria indicates that shovel-ready projects will be highly competitive and as such should be prioritized. Additionally, projects that fall in the State’s designated disadvantaged community areas are eligible to receive 100% funding, without the need for local match. 20 The application proposes to address community litter abatement and beautification needs in the City, while integrating litter abatement events and education programs. The project addresses a litter hotspot north of the La Colonia neighborhood that, since May 2016, has seen 69 graffiti reports, 50 illegal dumping reports, 12 homeless person encampment reports, and 8 litter reports on the City’s 311 system. The location has also received 15 Police Department reports since 2014.

The project will beautify a location that can be accessed through the City’s multimodal transportation network. The beautification component of the project will take place at the Camino del Sol Community Garden, just north of the Sunkist packing plant in the northwest corner of the La Colonia neighborhood. The project proposes to expand the community garden on the south side of the existing garden, where there currently exists a narrow sidewalk path and a large dirt area. This area frequently accumulates litter, illegal dumping, and encampments. The project proposes to install new fencing around the garden, which will fence off the existing litter-prone area, and install new garden plots for residents to use, along with new uniform internal fencing between garden plots. The community garden has been in high demand, with a waitlist steadily exceeding 30 residents and a waiting period of over one year for the last few years. The garden expansion will allow for an estimated 30 additional garden plots that are 15’x30’. The community garden currently occupies a 1.5 acre site, and is proposed to be expanded by an additional 0.7 acres. Please see Attachment #2 for a site map.

The proposed project also addresses the community litter abatement needs of several parks that fall within the disadvantaged areas of Oxnard, per the grant program’s classification. New trash receptacles will be installed in the City’s parks that classify as “disadvantaged” per the grant guidelines, where no City matching funds are required. The specific eligibility criteria for each of the City’s parks is currently in the process of being assessed and calculated before being proposed in the grant application. The grant program’s evaluation criteria involves multiple layers of analysis in defining disadvantaged areas and relative population benefit. These criteria will be addressed in the final grant application. The final grant application is still in development, as of the date of this staff report's writing in early December, 2021. Additional beautification and sustainability elements for specific eligible parks may be integrated into the grant application before submittal by the February 1, 2022 deadline.

In order to maximize the scoring of the grant proposal while benefiting illegal dumping needs in the community, the project will also integrate a city-wide litter abatement and illegal dumping prevention media campaign. The project will also involve the coordination of park cleanup events in selected parks using City Corps and the City’s Parks Division staff.

Overall, the project will benefit the community’s recreation and public health needs, while building community placemaking and growing public space for recreation. Other projects that were considered for this application included the “welcome corridor” improvements. However, with projects that aren’t shovel-ready not being competitive in this grant program, a welcome corridor improvement project is not being submitted. Other projects were considered, such as expanding the Meetup-Cleanup program and constructing new restrooms in several parks. However, existing related projects are backlogged due to the current workload, and these projects would not be able to be completed within the short grant timeline. Thus, these projects were not prioritized as potential applications.

STRATEGIC PRIORITIES

This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.

FINANCIAL IMPACT

The grant allows up to $5M in Clean California Local Grant Program funds if awarded. Because the proposed project falls within a designated disadvantaged community area, no matching funds are required to implement the project if the grant is awarded. Annual operations and maintenance cost increases are estimated to be minimal if the project is awarded.

COMMITTEE OUTCOME

This item did not originate in Committee.
21 Prepared by: Eric Humel, Grants Specialist

ATTACHMENTS

1. City Resolution

2. Garden Site Map
22 RESOLUTION NO. _________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD

APPROVING THE SUBMITTAL OF A GRANT APPLICATION FOR CLEAN

CALIFORNIA LOCAL GRANT PROGRAM GRANT FUNDS
WHEREAS, Oxnard City Council Resolution No.12,053 sets out the procedure by which City staff may submit grant applications, following approval by resolution of the City Council; and
WHEREAS, the Public Works Department has requested that City Council approve the submittal of an application to the California Department of Transportation for an amount not to exceed $5,000,000 in Clean California Local Grant Program funds to be used for the City of Oxnard Beautification and Clean-up Program.

NOW, THEREFORE, the City Council of the City of Oxnard resolves to approve the submittal of a grant application by the City Manager to the California Department of Transportation for the purpose of obtaining grant funding for the City of Oxnard Beautification and Clean-up Program. The City Council further resolves that the City Manager or designee is authorized to execute grant agreements; the Finance Director or designee is authorized to submit financial reports and grant claims and approve special budget appropriations for the use of grant funds; and the Director of Public Works or designee is authorized to submit non-financial reports.

PASSED AND ADOPTED THIS _____ day of ______________, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
___________________________
John C. Zaragoza, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ ____________________________ Rose Chaparro, City Clerk Stephen M. Fischer, City Attorney 23 Camino del Sol Community Garden
0 110 22055 ft
0 30 6015 m
1:1,200
City of Oxnard
City of Oxnard GIS Division | The City of Oxnard GIS Division | City of Oxnard GIS | Existing garden
Potential expansion area
Cam
del Sol
24 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. I.3

DATE: January 4, 2022

TO: City Council

FROM: Alexander Hamilton, Fire Chief, (805) 385-7700, [email protected]

SUBJECT: Purchase of Eight (8) Battalion Chief Command Vehicles.

RECOMMENDATION

That City Council ratify the authorization of the Mayor to Execute Purchase Order 8388 in the Amount of $419,673.90 for the Purchase of Eight (8) Battalion Chief Command Vehicles Chassis through National Auto Fleet. (This item did not originate in Committee.)

BACKGROUND

On June 29, 2021, City Council adopted FY 2021/2022 City of Oxnard Budget which included funding in the amount of $960,000.00 to be utilized for the purchase and up-fitting of eight (8) Battalion Chief Emergency Response/Command Vehicles. The eight (8) Battalion Chief Command Vehicles will be utilized in the following manner:

1. Replacement of the two (2) current front line Battalion Chief Command Vehicles which will then be reassigned to the two Fire Department Assistant Chief positions.

2. Replacement of the Fire Marshal’s Vehicle which has become cost prohibitive to repair and cannot efficiently operate as an Emergency Response/Command Vehicle.

3. Replacement of the Fire Department Training Chief Vehicle which is 10 years old and will move into a reserve status.

4. Replacement of one (1) Battalion Chief Emergency Response/Command Vehicle which was taken out of service by an emergency response related traffic collision.

5. Three (3) Battalion Chief Vehicles will be utilized as vehicles for the three new Battalion Chief positions that will begin in FY 22/23.

Upon receiving notification of funding in July 2021 the Fire Department partnered with Fleet Services to create a specification for the command vehicles. National Auto Fleet was able to provide a quote for the vehicles on October 28, 2021, at which time the City was notified that the closing date for ordering the model quoted is November 12, 2021. To avoid a one year delay in the ordering and receiving of the eight (8) vehicles, the Department requested urgent approval as allowed in the City Procurement Policy. The Mayor approved Purchase Order 8388 on November 4, 2021.

DISCUSSION
The eight (8) Ford F-350 chassis will be purchased with cooperative agreement Sourcewell (contract number 120716- NAF valid through January 17, 2022). The Sourcewell agreement meets all requirements set forth in the City of Oxnard’s Purchasing Policy and all requirements set forth by the State of California in regards to regional cooperative purchasing agreements. Sourcewell (formerly National Joint Powers Alliance) established an approved vendor list following a nationwide competitive bid process. This process confirms the City still receives the lowest available pricing, meets the competitive bid process requirements, and has been utilized successfully by the City for several previous vehicle 25 purchases.

A second vendor and purchase order will be required for the upfitting of all eight (8) chassis in order to create safe, emergency response vehicles. Upfitting may include mobile data devices, radios, and other equipment to make the vehicles fully functioning emergency response vehicles. Once a vendor is selected for this service, a purchase order will be presented for City Council approval.

STRATEGIC PRIORITIES

This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.

FINANCIAL IMPACT

The cost of the eight (8) Battalion Chief Vehicles will be $419,673.90 for the chassis from National Auto Fleet Group with the remaining allocation of $540,326 to be utilized for the upfitting of the vehicles with custom cabinets, lights, sirens, radios and other equipment by a yet to be identified vendor. The Fire Department will work with Purchasing to follow City of Oxnard Purchasing Policy in the selection of a vendor to upfit the vehicles.

A budget appropriation in the amount of $960,000 has been established to Fund (313) / Project #222202 in anticipation of the issuance of proceeds from the Banc of America Line of Credit lease purchase to finance the acquisition of vehicles and upfitting. Annual payments for the vehicles and upfitting under the lease purchase will be included in future annual budget requests. After completing the RFP process for lease-purchase financing, staff will return to the Finance and Governance Committee and to the City Council recommending approval of a Master Lease Agreement for Equipment with the payment terms and interest rate of the lease purchase for the eight (8) vehicles and upfitting. Staff expects the financing to be in place before the City needs to pay for the equipment, which takes months to manufacture and prepare for delivery.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Amy Van Atta, Management Analyst II

ATTACHMENTS

1. PO 8388 National Auto Fleet
26 27
28 29
30 31
32 33
34 35
36 37
38 39
40 41
42 43
44 45
46 47

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. I.4

DATE: January 4, 2022

TO: City Council

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]

SUBJECT: Budget Appropriation for the Pilaster Jacket Repairs at Mandalay Bay Seawalls Project PW 17-16.

RECOMMENDATION

That the City Council approve and authorize:

2. An increase of $145,000 in Project contingency from $63,400 to $208,400 for use in this Project. (This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program.)

BACKGROUND

The Pilaster Jacket Repairs at Mandalay Bay Seawalls consisted of the repair of 77 deteriorating pilaster jackets within the Mandalay Bay community. On February 18, 2020 the lowest responsive bidder, Harbour Constructors Co. (Harbour Constructors), was awarded the project in the amount of $634,000. An additional $63,400 (10% of the construction contract value) was also approved for project contingency at that time. Construction of the Pilaster Jacket Repairs began in March 2020 and was completed in January 2021.

DISCUSSION
During construction, several unforeseen field conditions lead to project delays and contractor requests for change orders.

The unforeseen or unanticipated conditions included the need for additional dive work, delays outside the control of the City or contractor, and repairs due to extensive deterioration at several pilaster jacket locations. Due to the urgency of the necessary repairs, Harbour Constructors finished construction on the pilaster jacket repairs under the provisions allowed in the City's specifications and/or Green Book..

Harbour Constructors original request for the additional work and delays exceeded $280,000. However, after extensive research, analysis, and negotiations between Harbour Constructors and City staff, it was determined that an additional $145,000 is still owed for the work completed by the Contractor as a result of the unforeseen conditions encountered during construction and project delays.

To cover the amount still owed to Harbour Constructors, staff is recommending a budget appropriation of $145,000 resulting in a total Project budget of $905,800.

Pilaster Jacket Repairs at Mandalay Bay Seawalls Project 48 Original Project
Allocations
Proposed Additional
Allocations
New Project
Allocations
Construction $634,000.00 $0 $634,000.00
Project
Contingency
$63,400.00 $145,000.00 $208,400.00
Project Allocations $63,400.00 $0 $63,400.00
TOTAL $760,800.00 $145,000.00 $905,800.00

STRATEGIC PRIORITIES

This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.

FINANCIAL IMPACT

The current amount of budget appropriations in this Project is $760,800. The cost to close out the project and address the additional work requires an additional appropriation of $145,000 as noted in the discussion section above. A project budget transfer from the General Fund contingency to the Pilaster Jacket Repairs at Mandalay Bay Seawalls Project (191601) in the General Fund Capital Outlay Fund (301) is recommended to close out the Project. After the budget transfer, the new total budget for this phase of the Project will be $905,800.

COMMITTEE OUTCOME

This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program.

Prepared by: Tatiana Arnaout, City Engineer

ATTACHMENTS

1. Budget Appropriation

2. February 18, 2020 City Council Staff Report

3. Harbour Constructors Agreement A-8206
49 Department: Date:

Project/Program
Manager: Phone:

Reason for Appropriation:

Accounts and Descriptions
AMOUNT
Fund:

Expenditures/Transfers Out
(145,000)
145,000
Sub-total Expenditures 0
Net Change to Fund Balance 0
Fund:

Revenues/Transfers In
145,000
Sub-total Revenues 145,000
Expenditures/Transfers Out
145,000
Sub-total Expenditures 145,000
Net Change to Fund Balance 0
Net Appropriation Change 145,000
Approvals
Department Director
Chief Financial Officer
City Manager
301-1600-826.86-04 IMPROVEMENTS NOT BLDG - NEW
GENERAL FUND (101)
NONDEPARTMENTAL (1001 & 1002)
101-1001-801.88-02 FOR CONTINGENCIES
101-1002-808.87-12 TSFR TO CAPITAL OUTLAY FD
CAPITAL OUTLAY FUND (301)
MANDALAY BAY SEAWALL REPAIRS (PROJECT 191601)
301-1600-711.79.01 TRANSFERS FR. GENERAL FUND
MANDALAY BAY SEAWALL REPAIRS (PROJECT 191601)
Re-appropriation in the total amount of $145,000 from General Fund Non-Department contingency to the Mandalay Bay Seawall Repair Project 191601 / Capital Outlay Fund 301, which would cover the remaining cost needed to pay Harbour Contractors as a result of the unforeseen conditions encountered during construction.

REQUEST FOR BUDGET APPROPRIATION
Public Works/Engineering January 4, 2022
Nik Boas (805)385-7999

REQUIRES CITY COUNCIL AUTHORIZATION
BA# (Finance Use Only)______________
BA Doc# (Finance Use Only)___________
Revised : 2/23/2012
DocuSign Envelope ID: 9FE35CC9-AEBB-4DCB-83FD-8492344E4453 50 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.4.

DATE: February 18, 2020

TO: City Council

FROM: Rosemarie Gaglione, Public Works Director, (805) 385-8055, [email protected]

SUBJECT: Award Contract to Harbour Constructors for Pilaster Jacket Repairs at Mandalay Bay Seawalls Project PW 17-16.

RECOMMENDATION

That the City Council:

1. Award and authorize the Mayor to execute Agreement A-8206 in the amount of $634,000 to Harbour Constructors Co. for the Pilaster Jacket Repairs at Mandalay Bay Seawalls Project PW 17-16;

2. Approve $63,400 for Project contingency for the Pilaster Jacket Repairs at Mandalay Bay Seawalls Project;

3. Approve $63,400 for engineering, inspection, survey and project management for the Pilaster Jacket Repairs at Mandalay Bay Seawalls Project, and

4. Approve budget appropriation in the amount of $625,728 from the Waterways Assessment District Fund 121 for completion of the project.

BACKGROUND

The project consists of furnishing all necessary labor, materials, equipment, work signs, cones, and traffic control equipment and other incidental and appurtenant work to repair the deteriorating concrete seawalls built in the 1970s at Mandalay Bay.

The need for repairs is due to a combination of overloading damage and deterioration caused by age and the marine environment. In sections of the existing wall, concrete panels and pilasters have overstressed cracks due to soil loads reaching the wall’s carrying capacity. Additionally, there is significant corrosion spalling of the corners of the pilasters and several panels have corroded rebar.

The locations of the project are shown on the attached map. The work is tentatively scheduled to begin in March 2020 and be completed by May 2020. Staff will work closely with the neighborhood council, businesses, and any other affected entities to keep them informed of the schedule. Additionally, door hanger notices will be placed at all of the residences in the project area and signs will be posted along the work route.

CIP Reference: Project No. 191601 - Mandalay Bay Seawalls - CIP 2019-2024 - Adopted April 2, 2019 - Page 79.

DISCUSSION
The notice inviting formal bids (NIFB) on the project was published on October 17, 2019, with bids due on January 7, 2020. The City received the bids listed below:

Harbour Constructors Co.: $ 634,000.00
51 Global Diving & Salvage, Inc.: $ 697,795.90
Harbor Offshore, Inc.: $1,126,689.00
Zusser Company, Inc.: $1,654,540.00
The lowest bidder is Harbour Constructors Co. and its bid is responsive to the City’s NIFB. Following this determination, procurement staff reviewed all documentation received from Harbour Constructors Co. and its subcontractors. Staff verified possession of required currently valid licenses, reviewed the federal Occupational Safety and Health Administration (OSHA) website for safety violations, and verified registration with the California Department of Industrial Relations (DIR). Staff has no reason at this time to believe that either the contractor or its subcontractor is not legally responsible, which means trustworthy and fit and capable to satisfactorily complete the project. Thus, staff recommends that the City Council award the contract for this project to Harbour Constructors Co.

The contract is to include the base items as well as additive items 1 through 3 which total $634,000. Additionally, $63,400 is required for construction contingency (10% of the contract value) and $63,400 for the cost for engineering support services and City staff time (10% of the contract value) to perform engineering, inspection, survey and project management (EISPM) services specific to this project during construction. The total estimated cost for this Project is $760,800 (base bid + additive items + contingency + EISPM ).

STRATEGIC PRIORITIES

This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to establish, preserve and improve our infrastructure and natural resources through effective planning, prioritization, and efficient use of available funding. This item supports the following goals and objectives:

Goal 4. Ensure proper construction and maintenance of infrastructure to provide maximum benefit with lowest life cycle cost following CIP plans.

Objective 4a. Implement CIP plans.

FINANCIAL IMPACT

The total cost for this project shall not exceed $760,800 and will require a budget appropriation in the amount of $625,728 from the Waterways Assessment District Fund (121). The current estimated unassigned fund balance in this fund is $625,728. After approval of this budget appropriation, the projected ending unassigned fund balance at the end of this fiscal year is $0.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Tatiana Arnaout, City Engineer

ATTACHMENTS

1. A-8206 Harbour Constructors

2. Budget Appropriation

3. Mandalay Pilaster Jackets Map

4. Photos of Existing Conditions (Seawall)

5. Bid Tabulation PW 17-16 Pilaster Jacket Repairs

6. Special Districts Legend

7. Special Districts Map
52 53
54 55
56 57
58 59
60 61
62 63
64 65
66 67
68 69
70 71
72 73
74 75
76 77
78 79
80 81
82 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. I.5

DATE: January 4, 2022

TO: City Council

FROM: Emilio Ramirez, Housing Director, (805) 385-8094, [email protected]

SUBJECT: 2021 HOME American Rescue Plan Funding.

RECOMMENDATION

That City Council approve the following actions:

1. Authorize the City Manager to accept funds through the HOME American Rescue Plan provided by the Department of Housing and Urban Development;

2. Authorize the City Manager to execute the HOME ARP Grant Agreement by and between the City of Oxnard and the Department of Housing and Urban Development for the use of $2,772,021; and

BACKGROUND

The HOME ARP is a new funding source from the Federal government for local and state governments to address homeless needs. Congress appropriated $5 billion dollars for the program, nationwide, with the City receiving $2,772,021.

The funds must specifically target homelessness and provide services to the following qualifying populations as defined by McKinney-Vento Homeless Assistance Act: 1) Homeless as defined in the Code of Federal Regulations (CFR) Title 24 CFR 91.5; 2) Those At-Risk of Homelessness, as defined in the CFR, Title 24 CFR 91.5; 3) Those Fleeing or Attempting to Flee Domestic Violence, Dating Violence, or Sexual Assault, Stalking or Human Trafficking, as defined by HUD; and, 4) Other Populations where providing supportive services or assistance would prevent homelessness or those with the greatest risk of housing instability. Additionally, Veterans that include a family member are eligible to receive services under this program as long as they meet one of the four qualifying populations criteria previously mentioned.

The HOME ARP program allows the City up to fifteen percent for administrative and planning activities throughout the total period the funds are available (through September 2030). Five percent of the fifteen percent administrative funds can be used immediately to create a HOME ARP allocation plan and amendment to the 2021-2022 Annual Action Plan. Once the allocation plan is complete and submitted to HUD, the City will be able to access the remaining ninety-five percent of the grant and execute the program.

Examples of uses of the funds include: non-congregate shelters; the construction, acquisition and rehabilitation of rental housing for purposes such as permanent supportive housing; non-profit operating and capacity-building assistance to non-profits and homeless providers; support services such as homeless prevention programs; housing counseling; and tenant-based rental assistance.
83 DISCUSSION
On December 15, 2021, the Housing Department had the first Administrative Public Hearing for the Annual Action Plan.

This citizen engagement process, prompts discussions with residents and stakeholders on activities that CDBG, HOME, ESG, CARES Act, and HOME ARP programs should consider, given what the programs can offer, and where the need and priorities are for the up-and-coming fiscal year. A second public hearing is tentatively scheduled for May 2022, which the intent to submit the Annual Action Plan to HUD by May 31, 2022. Once the plan is submitted the remaining 95% of the HOME ARP funding will become available for the selected programs.

STRATEGIC PRIORITIES

This agenda item supports the Quality of Life strategy, which seeks to address homelessness in Oxnard.

FINANCIAL IMPACT

The funding received will increase financial resources for housing the homeless and supportive services. There is no funding match requirement, as there is in the regular HOME program, therefore no additional funding is required by the City’s general fund. All ARP funding must be used by September 30, 2030.

COMMITTEE OUTCOME

This item is routine in nature and therefore, this item did not originate in Committee.

Prepared by: Andrea Palmer, Grants Manager

ATTACHMENTS

1. ATTACHMENT 1 PRESENTATION.v2

2. HOME AMERICAN RESCUE PLAN AWARD LETTER

3. HOME ARP GRANT AGREEMENT
84 2021 HOME AMERICAN RESCUE PLAN FUNDS
Emilio Ramirez, Housing Director
Andrea Palmer, Grants Manager
City Council Meeting
January 4, 2022
85 1. 2021 American Rescue Plan
Act HUD Program

2. Exclusively to address
homelessness needs

3. Requires an allocation plan to
access 100% of the funds

4. Requires an amendment to the
2021-2022 Annual Action Plan

BACKGROUND
2 2
86 1. Development, acquisition and
rehabilitation of rental housing

2. Funding non congregate
sheltering

3. Operating expenses and
capacity building for non profits

4. Support services

5. Tenant based rental assistance
ELIGIBLE ACTIVITIES 3
87 1. Discussed the program to residents and stakeholders on December 15, 2021

2. Will return to council for a public hearing and Amended 2021- 2022 Action Plan to include HOME-ARP activities

PUBLIC ENGAGEMENT
4 88

HOME-ARP
5FINACIAL IMPACT

1. Will add $2,772,021 to the Housing Department budget for housing the homeless and support services

2. No match requirement

3. Funds must be used by 2030
89 That City Council approve the following actions:

1. Authorize the City Manager to accept funds through the HOME- American Rescue Plan provided by the Department of Housing and Urban Development;

2. Authorize the City Manager to execute the HOME ARP Grant Agreement by and between the City of Oxnard and the
Department of Housing and Urban Development for the use of $2,772, 021; and

3. Direct staff to return to the City Council with the 2021-2022 Annual Action Plan amendment that includes proposed activities and a Funding Allocation Plan for the HOME-American Rescue Plan program once the compliance documentation has been
completed.
6RECOMMENDATIONS
90 U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Los Angeles Field Office, Region IX
300 N. Los Angeles Street, Suite 4054
Los Angeles, CA 90012

September 20, 2021

Alexander Nguyen, City Manager
City of Oxnard
300 W. Third Street
Oxnard, CA 93030

Dear Mr. Nguyen:

The American Rescue Plan Act of 2021 appropriated $5 billion to provide housing, services, and shelter to individuals experiencing homelessness and other vulnerable populations, to be allocated by formula to jurisdictions that qualified for HOME Investment Partnerships Program allocations in Fiscal Year 2021. On September 13, 2021, the Department published a notice, titled: Requirements for the Use of Funds in the HOME-American Rescue Plan Program (the Notice), which you are encouraged to review to assist in developing your program. Enclosed is the Grant Agreement for the HOME Investment Partnerships – America Rescue Plan (HOME-ARP) program:

In accordance with the Notice, and the HOME ARP Grant Agreement, a Participating Jurisdiction (PJ), as of the Federal Award Date, may use up to five percent of its total award for administrative and planning costs. Once your HOME-ARP Allocation Plan is approved by HUD, the remaining award will be made available.

HOME Investment Partnerships - American Rescue Plan
(HOME-ARP) $2,772,021

Transmittal of this Grant Agreement does not constitute approval of the activities described in your HOME-ARP Allocation Plan. You are reminded that you, as the PJ, are responsible for ensuring that all grant funds are used in accordance with all program requirements. An executed Grant Agreement is a legally binding agreement between the Department of Housing and Urban Development and the City of Oxnard.

To establish a Line of Credit for the HOME-ARP award, it will be necessary for your agency to sign, execute and return one (1) copy of the Grant Agreement. If there is a need to add or remove individuals authorized to access the Integrated Disbursement Information System (IDIS), please submit an IDIS Online Access Request Form (HUD 27055). Also, please ensure the IDIS Online Access Request Form is notarized and returned to this office with your Grant Agreement. Additionally, if there is a need to establish or change the depository account where these funds are to be wired, a Direct Deposit Sign-Up form (SF-1199A) must be completed by your financial institution and returned to this office with a copy of a voided check.

You are reminded that certain activities are subject to the provisions of 24 CFR Part 58 (Environmental Review Procedures). Funds for such activities may not be obligated or expended 91 until HUD has approved the release of funds in writing. A request for release of funds (RROF) must be accompanied by an environmental certification, and until the RROF is approved and notification is received, no HUD funds should be committed. If the project or activity is exempt per 24 CFR 58.34 or categorically excluded (except in extraordinary circumstances), no RROF is required.

Please execute two (2) copies of the HOME-ARP Grant Agreement with electronic signatures.

In response to COVID-19, HUD authorizes you to electronically execute the grant agreement with your electronic signature. Return one (1) of the agreements to this office to the attention of CPD General Correspondence Mailbox, at [email protected] Maintain a copy of the agreement with your original signature on site in your program files.

HUD congratulates the City of Oxnard on its grant award, and we look forward to assisting you in accomplishing your programs goals. If you have any questions or need further information of assistance, please contact Roy Mata, CPD Representative, at (213)534-2572 or [email protected].

Sincerely,

Rufus Washington, Director,
Office of Community Planning and
Development

Enclosures

cc:

Page 1 ends

HOME ARP Grant Agreement
Title II of the Cranston-Gonzalez National Affordable Housing Act Assistance Listings #14.239 – HOME Investment Partnerships Program U.S. Department of Housing and Urban Development
Office of Community Planning and Development

1. Grantee Name and Address
Oxnard

2. Grant Number (Federal Award Identification Number (FAIN) M21-MP060526
300 West Third Street
Suite 302
Oxnard, CA 93030
3a Tax Identification Number
956000756
3b. Unique Entity Identifier (formerly DUNS)
081790214

4. Appropriation Number
861/50205

5. Budget Period Start and End Date
FY 2021 – 09/30/2030

6. Previous Obligation (Enter “0” for initial FY allocation) $0 a. Formula Funds $

7. Current Transaction (+ or -) $2,772,021.00
a. Administrative and Planning Funds Available on Federal Award Date $138,601.05 b. Balance of Administrative and Planning Funds $277,202.10 c. Balance of Formula Funds $2,356,217.85

8. Revised Obligation $
a. Formula Funds $

9. Special Conditions (check applicable box)
Not applicable Attached

10. Federal Award Date (HUD Official’s Signature Date)
09/20/2021

11. Indirect Cost Rate*
Administering Agency/Dept. Indirect Cost Rate Direct Cost Base

12. Period of Performance
Date in Box #10 - 09/30/2030
%
%
%
%
* If funding assistance will be used for payment of indirect costs pursuant to 2 CFR 200, Subpart E- Cost Principles, provide the name of the department/agency, its indirect cost rate (including if the de minimis rate is charged per 2 § CFR 200.414), and the direct cost base to which the rate will be applied. Do not include cost rates for subrecipients.

The HOME-ARP Grant Agreement (the “Agreement”) between the Department of Housing and Urban Development (HUD) and the Grantee is made pursuant to the authority of the HOME Investment Partnerships Act (42 U.S.C. 12701 et seq.) and Section 3205 of the American Rescue Plan (P.L. 117 -2) (ARP). HUD regulations at 24 CFR part 92 (as may be amended from time to time), the CP D Notice entitled “Requirements for the Use of Funds in the HOME-American Rescue Plan Program” (HOME-ARP Implementation Notice), the Grantee’s HOME-ARP allocation plan (as of the date of HUD’s approval), and this HOME-ARP Grant Agreement, form HUD-40093a, including any special conditions (in accordance with 2 CFR 200.208), constitute part of this Agreement. HUD’s payment of funds under this Agreement is subject to the Grantee’s compliance with HUD’s electronic funds transfer and information reporting proc edures issued pursuant to 24 CFR 92.502 and the HOME- ARP Implementation Notice. To the extent authorized by HUD regulations at 24 CFR part 92, HUD may, by its execution of an amendment, deobligate funds previously awarded to the Grantee without the Grantee’s execution of the amendment or other consent. The Grantee agrees that funds invested in HOME -ARP activities under the HOME- ARP Implementation Notice are repayable in accordance with the requirements of the HOME-ARP Implementation Notice. The Grantee agrees to assume all of the responsibili ty for environmental review, decision making, and actions, as specified and required in regulation at 24 CFR 92.352 and 24 CFR Part 58, as well as the HOME -ARP Implementation Notice.

The Grantee must comply with the applicable requirements at 2 CFR part 200, as amended, that are incorporated by the program regulations and the HOME- ARP Implementation Notice, as may be amended from time to time. Where any previous or future amendments to 2 CFR part 200 replace or renumber sections of part 200 that are cited specifically in the program regulations or HOME -ARP Implementation Notice, activities carried out under the grant after the effective date of the 2 CFR part 200 amendments w ill be governed by the 2 CFR part 200 requirements, as replaced or renumbered by the part 200 amendments.

The Grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Universal Numbering System and System for Award Management (SAM) requirements in Appendix I to 2 CFR part 200, and the Federal Funding Accountability and Transparency Act (FFATA) in Appendix A to 2 CFR part 170.

Funds remaining in the grantee’s Treasury account after the end of the budget period will be cancelled and thereafter not available for obligation or expenditure for any purpose.

Per 31 U.S.C. 1552, the Grantee shall not incur any obligations to be paid with such assistance after the end of the Budget P eriod.

13. For the U.S. Department of HUD (Name and Title of Authorized Official) Rufus Washington, CPD Director

14. Signature
X

15. Date
09/20/2021

16. For the Grantee (Name and Title of Authorized Official) 17. Signature X

18. Date
/ /

19. Check one: Initial Agreement Amendment #

20. Funding Information: HOME ARP
Source of Funds Appropriation Code PAS Code Amount
2021 861/50205 HMX $2,772,021.00
93

Page 2 of 2 ends

21. Additional Requirements: These additional requirements are attached and incorporated into this Agreement. The Grantee agrees to these additional requirements on the use of the funds in 7., as may be amended from time to time by the Secretary.
a) As of the Federal Award Date, the Grantee may use up to the amount identified in 7.a. of this Agreement for eligible administrative and planning costs in accordance with the HOME-ARP Implementation Notice. b) Until the date of HUD’s acceptance of the Grantee’s HOME-ARP allocation plan, the Grantee agrees that it will not obligate or expend any funds for non-administrative and planning costs, in accordance with the HOME-ARP Implementation Notice.
c) In accordance with the HOME-ARP Implementation Notice, as of the date of acceptance by HUD of the Grantee’s HOME-ARP allocation plan, HUD shall make the amount identified in line 7. of this Agreement available to the Grantee.
d) If the Grantee does not submit a HOME-ARP allocation plan or if the Grantee’s HOME-ARP allocation plan is not accepted within a reasonable period of time, as determined by HUD, the Grantee agrees that all costs incurred and HOME-ARP funds expended by the Grantee will be ineligible costs and will be repaid with non-Federal funds.

22. Special Conditions
94 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. I.6

DATE: January 4, 2022

TO: City Council

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]

SUBJECT: Calleguas Water District Annexation at Garden City Acres Park.

RECOMMENDATION

That the City Council approve and authorize the Public Works Director to sign:

1. The Landowners Request to Annex and Approval of Parcel Charge; and

BACKGROUND

The majority of Garden City Acres Park is located within the Calleguas Municipal Water District (Calleguas). The entire park was to be annexed in two phases, but only the north sections were completed in 2006. The southern parcel of the park (APN 223-0-090-095) was to be annexed as phase 2 of a housing development by VC Communities. However, it was not completed due to the process being abandoned by the developer. The southern part of the park remains outside of the Calleguas boundary and includes active landscaped areas with existing irrigation (Attachment 1). Staff explored removing the irrigation system from this parcel as a solution, but the cost to redesign the park with non-irrigated improvements within this parcel was cost prohibitive.

Calleguas is a wholesale supplier of water from the Metropolitan Water District of Southern California (Metropolitan) to the City of Oxnard. Therefore, any annexation into Calleguas must also include annexation into Metropolitan. The City may not provide water service, or issue any building permits that include water service, until this parcel is within the Calleguas boundary. This includes the City’s water supply as it is also blended with water from Calleguas.

Currently, the southern portion of Garden City Acres Park is not within the Calleguas boundary. Therefore, the parcel must be annexed into the services areas of both Calleguas and Metropolitan pursuant to the California Water Code, Section 71611, Metropolitan Administrative Code, Section 4509, and Calleguas Ordinance No. 12, Section 5(a) to continue the use of City water.

DISCUSSION
Staff has been working with the Calleguas Municipal Water District to annex the remaining portion of Garden City Acres Park. City staff utilized an existing Agreement with Encompass Consulting Group (ECG) to complete the map and legal description necessary for the annexation. With the map and legal description (Attachment 2) now complete, the only remaining items necessary for Calleguas to present the annexation to their Board for final approval is a signed Indemnification Agreement and a signed and notarized Landowner’s Request to Annex and Approval of Parcel Charge (Attachments 3 & 4).
95 STRATEGIC PRIORITIES

This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.

FINANCIAL IMPACT

The City has paid a consultant, ECG, in the amount of $4,930 from the General Fund Parks budget to create a map and legal description for the utility annexation. There will be one-time annexation fees to Calleguas and Metropolitan for an estimated total amount of $8,500. Since these fees change annually, the total amount will not be known until the time of processing. However, the fees will be approximately $8,500 and there are sufficient funds in the City Council approved General Fund Parks operating budget to cover these costs. All annual parcel charges contained within the Landowners Request to Annex and Approval of Parcel Charge are waived as long as the parcel is owned by the City.

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 3-0 on December 14, 2021 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Steve Howlett, Assistant Public Works Director

ATTACHMENTS

1. Calleguas Annexation Area

2. Map & Legal Description

3. Indemnification Agreement A-8401

4. Landowner's Request & Consent to Annex
96 97

CYPRESS ROAD
P.O.B. - S'LY TERMINUS OF THE 11THCOURSE OF PCL. 3 OF ANNEXATIONNO. 7 (OXNARD SECOND FRINGEAREA) TO CALLEGUAS MUNICIPALWATER DISTRICT 58'CLARASTREET
50'
50'

VENTURA
VENTURA COUNTY DITCH (10' WIDE)
1 2345678
1213
910
11 PARCEL A 20201015-00170280-0 O.R.

PARCEL B 20201015-00170280-0 O.R.

PARCEL 57, ANNEXATION NO. 7(OXNARD SECOND FRINGE AREA)CALLEGUAS MUNICIPAL WATER DISTRICTCERTIFICATE OF FILING - 11/13/19693579 O.R. 129 CONTAINS 5.281± ACRES

CYPRESS ROAD
PARCEL A, ANNEXATION NO. 85CALLEGUAS MUNICIPAL WATER DISTRICT ANNEXATION- CYPRESS NO. 1 (PARCEL A)INST. NO. 20060103-0000853 O.R.

PARCEL 5, ANNEXATION NO. 7(OXNARD SECOND FRINGE AREA)CALLEGUAS MUNICIPAL WATERDISTRICT CERTIFICATE OFFILING - 11/13/19693579 O.R. 129

COUNTY RAILWAY
PARCEL 3, ANNEXATION NO. 7(OXNARD SECOND FRINGE AREA)CALLEGUAS MUNICIPAL WATERDISTRICT CERTIFICATE OFFILING - 11/13/19693579 O.R. 129INDUSTRIAL DRAIN

PARCEL B

PARCEL A
151617181.020± ACRES
P.O.C. - PARCEL B
P.O.B. - PARCEL B
14 N:\projects\0467\geo\cad\0467ex03_city_lafco_pcl.dwg 04670467LAFCO1" = 150'SHEET 1 OF 2 (CALLEGUAS ANNEXATION NO. 106)DISTRICT ANNEXATIONCALLEGUAS MUNICIPAL WATER NSEW
DISCLAIMER: FOR ASSESSMENT PURPOSES ONLY. THIS DESCRIPTION OF LAND IS NOT A LEGAL PROPERTY DESCRIPTION AS DEFINED IN THESUBDIVISION MAP ACT AND MAY NOT BE USED AS THE BASIS FOR AN OFFER FOR SALE OF THE LAND DESCRIBED.

BENJAMIN P. HARDIN, PLS 8552 DATE
0SCALE: 1"=150'150300

CYPRESS RDSAVIERS RD

VENTURA COUNTY RAILWAYHUENEME RD

PLEASANT VALLEY RD

CLARA ST

VICINITY MAP
SITE
PORTIONS OF LOT 12 AND 13 OF THE GARDEN CITYACRES TRACT, BEING A PORTION OF SUBDIVISION NO.83 OF RANCHO EL RIO DE SANTA CLARA O'LACOLONIA, IN THE CITY OF OXNARD, COUNTY OFVENTURA, STATE OF CALIFORNIA, PER 11 MR 105

PROPOSED ANNEXATION BOUNDARY (CITY OWNED PARCEL)

THIS EXHIBIT IS TO BE ATTACHED TO THE LEGAL DESCRIPTION NOTE: SEE SHEET 2 FOR LINE AND CURVE TABLE

PARCELS A AND B
11/18/2021
98 LINE/CURVE12345678910111213
LENGTH300.1351.0051.0078.9989.31170.0050.00324.9110.00192.65434.5925.22'284.93 DIRECTION/DELTAN00°02'00"WN89°53'00"EN00°01'00"WN89°53'00"EN00°02'00"WN89°53'00"EN00°02'00"WN89°53'00"EN89°53'00"ES00°01'00"ES49°32'00"W00°29'30"S89°53'00"W RADIUS-----------2,939.40'-141516171870.0010.00624.9370.00300.00N00°01'00"WS89°53'00"WS89°53'00"WS00°02'00"EN89°53'00"E----- N:\projects\0467\geo\cad\0467ex03_city_lafco_pcl.dwg 04670467LAFCO1" = 150'SHEET 2 OF 2 (CALLEGUAS ANNEXATION NO. 106)DISTRICT ANNEXATIONCALLEGUAS MUNICIPAL WATER DISCLAIMER: FOR ASSESSMENT PURPOSES ONLY. THIS DESCRIPTION OF LAND IS NOT A LEGAL PROPERTY DESCRIPTION AS DEFINED IN THESUBDIVISION MAP ACT AND MAY NOT BE USED AS THE BASIS FOR AN OFFER FOR SALE OF THE LAND DESCRIBED.

PORTIONS OF LOT 12 AND 13 OF THE GARDEN CITYACRES TRACT, BEING A PORTION OF SUBDIVISION NO.83 OF RANCHO EL RIO DE SANTA CLARA O'LACOLONIA, IN THE CITY OF OXNARD, COUNTY OFVENTURA, STATE OF CALIFORNIA, PER 11 MR 105

THIS EXHIBIT IS TO BE ATTACHED TO THE LEGAL DESCRIPTION

PARCELS A AND B
99 LEGAL: 0467_LGL_LAFCO_PCL_B.DOCX BPH
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CLOSURE: LAFCO_CLOSURE_20201211.DOC PAGE 1 OF 2

CALLEGUAS MUNICIPAL WATER DISTRICT ANNEXATION
(CALLEGUAS ANNEXATION NO. 106)

PARCEL B

Portion of Lot 13, and Ventura County Ditch, in the City of Oxnard, County of Ventura, State of California, as shown on the map of Garden City Acres Tract, filed in Book 11, Page 105 of Miscellaneous Records (Maps), described as follows:

COMMENCING at a point in the westerly line of Lot 12 of said Garden City Acres Tract, said point being the southerly terminus of the 11 th course of Parcel No. 3 of Annexation No. 7 (Oxnard Second Fringe Area) to the Calleguas Municipal Water District, as described in Certificate of Filing recorded on November 13, 1969 in the Office of said County Recorder in Book 3579, Page 129 of Official Records of said County; thence, along the west line of said Lots 12 and 13, said west line also being the existing Calleguas Municipal Water District boundary, thence, North 0°02'00” West 300.13 feet to the Point of Beginning of Parcel A described in Instrument No. 20201015-00170280-0 of Official Records of said County; thence leaving said existing district boundary and along the 1st, 2nd, and a portion of the 3rd course of said Parcel A, the following three courses, thence, North 89°53’00” East 51.00 feet; thence, North 0°01'00” West 51.00 feet to a point in the north line of said Lot 12; thence, North 89°53'00” East 78.99 feet to the southwesterly corner of Parcel B described in said Instrument No. 20201015- 00170280-0 of Official Records; thence, leaving said 3rd course of Parcel A and along the northwesterly line of said Parcel B the following four courses, North 0°02'00” West 89.31 feet; thence, North 89°53'00” East 170.00 feet; thence, North 0°02'00” West 50.00 feet, to the POINT OF BEGINNING , thence,

1st - North 89°53'00” East 324.91 feet to the northeasterly corner of said Parcel B; thence, continuing along the easterly prolongation of the previously described course,

2nd - North 89°53'00” East 10.00 feet to the east line of said Ventura County Ditch, 10.00 feet wide, said east line being also the westerly line of Parcel No. 57 of said Annexation No. 7 (Oxnard Second Fringe Area) to the Calleguas Municipal Water District, and also being the existing boundary of said Calleguas Municipal Water District; thence, along said east line and the existing boundary of said Calleguas Municipal Water District,

3rd - North 0°01’00” West 70.00 feet to the easterly terminus of the 6 th course of Parcel A
of Annexation No. 85 (Cypress No. 1) to the Calleguas Municipal Water District, as described in Certificate of Completion recorded on January 3, 2006 in the Office of said County Recorder as Instrument No. 20060103-0000853 of Official Records of said County; thence, continuing along the existing boundary of said Calleguas Municipal Water District, said 6 th course of Parcel A, and the 7 th course of said Parcel A, the following three (3) courses,

4th - South 89°53'00” West 10.00 feet to the westerly line of said Ventura County Ditch,

10.00 feet wide, thence,

5th - South 89°53'00” West 624.93 feet, to the easterly line of Cypress Road, 50.00 feet wide, thence along said easterly line,
100
LEGAL: 0467_LGL_LAFCO_PCL_B.DOCX BPH
EXHIBIT: 0467LAFCO.DWG 10/6/21
CLOSURE: LAFCO_CLOSURE_20201211.DOC PAGE 2 OF 2

6th - South 00°02'00” East 70.00 feet to the easterly prolongation of the north line of said Parcel B, thence leaving said easterly line, along said prolongation,

7th - North 89°53'00” East 300.00 feet, more or less, to the POI NT OF BEGINNING .

Containing 1.020 acres, more or less.

Disclaimer: for assessment purposes only. This description of land is not a legal property description as defined in the subdivision map act and may not be used as the basis for an offer for sale of the land described.

Benjamin P. Hardin, PLS 8552 Date 10/6/2021
101
1 INDEMNIFICATION AGREEMENT
This Indemnification A greement ("Agreement") is entered into as of ______________, 2021, between CALLEGUAS MUNICIPAL WATER DISTRICT (" Calleguas) and the CITY OF OXNARD (“Annexee”) with reference to the following recitals:

RE
CITALS
A. Annexee is the owner of certain real property located in the City of Oxnard in the County of Ventura, State of California, identified as Assessor ’s Parcel Number 223-0-090-095 and more particularly described on Exhi bit A attached hereto (the "Pr operty"). Annexee has requested that the Property be annexed to Calleguas Municipal Water District and to Metropolitan Water District of California as part of the Annexa tion referred to as Calleguas Municipal Water District A nnexation – Cypress Place at Garden City/Garden City Acres Park “Annexation No. 106”.

B. Annexation to Calleguas must be approved by the Ventura County Local Agenc y F
ormation Commission ("LAFCo") under the Cortese/Knox/Hertzberg Local Government Reorganization Act of 2000. As a condition of consideration of such ap plication fo r annexation (the “Ap plication”) LAFCo requires indemnification by Calleguas against any liability arising out of or in connection with the Application.

C. Calleguas requests indemnifica tion from Annexee, and Annexee agr ees to indemnif y C
alleguas, in connection with the Application as provided in this Agreement.

IN CONSIDERATION of the foregoing recitals, and for such other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, it is agreed:

To the fulles t exten t permitted by law, Annexe e shall defend, indemnify and hold harmless Calleguas, its directors, officers, employees, or authorized volunteers, and each of them, from and against any claim, action or proceeding, or any loss or liability incurred by any of them resulting from any cl aim, action or proceeding, the purpose of which is to attack, set aside, void or annul, in whole or in part, LAFCO’s action on the Application or on the environmental documents submitted to support it (“Claims”). Such indem nification shall include, without limitation, all damages, costs, expenses, and attorney’s fees, that may be asserted by any person or entity, including Annexe e, with respect to such Claims or in connection with the Application , except to the extent result ing from th e negligence or intentional misconduct of Calleguas.

CALLEGUAS MUNICIPAL WATER DISTRICT
By: Dated:

Anthony Goff
General Manager
ANNEXEE: CITY OF OXNARD
By____________________________ Dated:

Michael L. Wolfe, P.E.

Director of Public Works
Agreement A-8401
102

RECORDING REQUESTED BY AND
WHEN RECORDED, RETURN TO:

Calleguas Municipal Water District
2100 Olsen Road
Thousand Oaks, CA 91360-6800

This space for Recorder’s use only.

LANDOWNER’S REQUEST TO ANNEX

AND APPROVAL OF PARCEL CHARGE

I represent the owner of the property located at 5302 Cypress Road in the City of Oxnard, in the County of Ventura, State of California identified as Assessor’s Parcel Number APN 223-0-090-095 and more particularly described in Exhibit “A”, attached. I specifically request annexation of this property to Calleguas Municipal Water District and to Metropolitan Water District of Southern California pursuant to the terms and conditions to be set by the respective Districts and the Ventura County Local Agency Formation Commission. The site is the southern portion of the existing Garden City Acres Park, and the remainder of the park is already within the service area of Calleguas Municipal Water District and Metropolitan Water District of Southern California.

I acknowledge the fact that Calleguas Municipal Water District and The Metropolitan Water District of Southern California have in place a Standby Charge or Parcel Charge levied pursuant to the California Government Code. I hereby give our consent to the District to levy Standby Charges on annexed lands at the rates and formulae adopted for Fiscal Y ear 2021-2022 and any subsequent years in which either or both Boards of Directors may vote to approve and adopt said Standby Charges. Furthermore, this consent shall remain as a covenant with the land annexed into the Districts and recorded as such in the appropriate form and manner.

PROPERTY OWNER:

CITY OF OXNARD

By____________________________ Dated:

Michael L. Wolfe, P.E.

Director of Public Works
103

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. I.7

DATE: January 4, 2022

TO: City Council

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]

SUBJECT: First Amendment to Purchase Order #8349 with Badger Meters, Inc. for Advanced Metering Infrastructure (AMI) Capable Water Meters.

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute a First Amendment to Purchase Order #8349 with Badger Meters, Inc. in the amount of $150,000 for a new total not to exceed value of $250,000 for replacement water meters through September 1, 2022.
(Public Works and Transportation Committee approved 3-0)

BACKGROUND

The City of Oxnard’s Water Division is responsible for the transmission and distribution of potable water and recycled water to City customers. The Water Division delivers over 20 million gallons per day of safe and reliable potable water supply to customers. The City water system includes: 10 water wells, five (5) turnouts from the United Water Conservation District’s Oxnard-Hueneme Pipeline system, one (1) turnout from the Calleguas Municipal Water District’s water system, one (1) desalter facility, six (6) blending stations, over 500 miles of transmission and distribution pipelines and over 41,000 existing meters.

The City currently has a Sensus drive and read automated meter reading (AMR) system. These meters have ended their 10-year expected life as most of the meters were installed between 2002-2008 and, as a result, we are experiencing increased failures as well as under registering throughout the system. The meter failures have required that staff read meters and enter billing information manually and replace meters that are no longer registering water use. There are over 41,000 existing meters throughout the City, and of those, approximately 10,000 meters are currently being read manually with approximately 20-30 meters failing every week.

On September 27, 2021, the City’s Purchasing Manager approved and executed a negotiated single-source Purchase Order with Badger Meters, Inc. (Badger) for $100,000. Badger has been providing meters to the City since March 30, 2020.

DISCUSSION
On October 19, 2021 the City Council approved the City-wide Advanced Meter Infrastructure (AMI) replacement project, which is a multi-year process. However, Water staff members still have the need to replace failing AMR meters until the AMI project is completed. The meters need to be AMI capable. Therefore, in effort to align operations with the new AMI replacement project that was awarded to Badger, staff will need to continue to purchase Badger meters. These purchased meters will also be used for new development projects, which are reimbursed to the water division by the developers. Staff recommends an amendment to Purchase Order #8349 for an additional $150,000 with Badger to ensure future compatibility when the meters are installed.
104

STRATEGIC PRIORITIES

FINANCIAL IMPACT

The total cost for this First Amendment to Purchase Order #8349 with Badger Meter Inc. for water meters is $150,000 for a total new value of $250,000 through September 1, 2022. There is sufficient funding from available Fiscal Year 2021-22 appropriations in the Water Operating Fund 601 (account 601-6003-843.8121) to cover this amendment. If not fully expended in Fiscal Year 2021-22, any funding needed in the subsequent fiscal year for this purchase order will be requested during the annual budget process.

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 3-0 on December 14, 2021 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Omar Castro, Water Division Manager

ATTACHMENTS

1. PO 8349 Badger Meter Inc
105

VENDOR PHONE: (800)876-3837
VENDOR FAX: (888)371-5982
VENDOR #: 11516 P
VENDOR ADDRESS: BADGER METER INC. SHIP TO: WATER DIVISION 4545 W. BROWN DEER ROAD 251 S. HAYES AVENUE
MILWAUKEE, WI 53223 OXNARD, CA 93030

Our P.O. # MUST Appear on ALL Invoices, Packages and Correspondence DELIVER BY REQUISITION # REQUISITION DATE CONFIRMED BY
08/30/2022 0000005711 09/20/2021 THERESA M. SZAFRA NSKI, AS

FOB ACCOUNT NUMBER AUTHORIZED BY
60160038438121 RENEE KNIGHT
ITEM
#

QUANTITY/
UNIT

DESCRIPTION

ARTICLE OR SERVICE
UNIT
COST

EXTENDED
COST

By acceptance of this purchase order, you agree to the attached terms and conditions of the City of Oxnard

Page 1 of 3 ends

PURCHASE ORDER

CITY OF OXNARD
300 WEST 3RD STREET
OXNARD, CA 93030

PURCHASE
ORDER NO.
008349
DATE: 11/16/2021

CHANGE ORDER

1 100,000.00
/ DL

AUTOMATED METER READING SYSTEM W/ AN AMI
FOR WATER 1.0000 100,000.00

NSS FORM PO REQUEST FOR AUTOMATED METER READING (A

MR) SYSTEM WITH AN ADVANCED METERING INFRASTRUCTUR
E (AMI) FOR WATER DIVISION-PW 17-32R SOLICITATION

WAS AWARDED TO BADGER SO IT IS NECESSARY TO HAVE A

N NSS FORM FOR THE PURCHASE OF METERS TO BE COMPAT
IBLE-PO FROM 10/01/2021 TO 08/30/2022 NTE $100,000
FROM ACCT# 601-6003-843-81.21.NO NEED FOR BTC OR I

NSURANCE AS THIS WILL BE THIRD PARTY CARRIER AND N
O SERVICE REQUIRED BY BADGER.

NO BTC RQRD*AM
11/16/21 - Request NTE increase to $250K for
Council approval - ERR

106

Our P.O. # MUST Appear on ALL Invoices, Packages and Correspondence DELIVER BY REQUISITION # REQUISITION DATE CONFIRMED BY
08/30/2022 0000005711 09/20/2021 THERESA M. SZAFRA NSKI, AS

FOB ACCOUNT NUMBER AUTHORIZED BY
60160038438121 RENEE KNIGHT
ITEM
#

QUANTITY/
UNIT

DESCRIPTION

ARTICLE OR SERVICE
UNIT
COST

EXTENDED
COST

By acceptance of this purchase order, you agree to the attached terms and conditions of the City of Oxnard

Page 2 of 3 ends

PURCHASE ORDER

CITY OF OXNARD
300 WEST 3RD STREET
OXNARD, CA 93030

PURCHASE
ORDER NO.
008349
DATE: 11/16/2021

In order to receive payment, email all invoices to:
[email protected]

In the subject line, reference the Purchase
Order number above.

TOTAL PURCHASE AMOUNT $100,000.00
AUTHORIZED SIGNATURE. _______________________
107

Page 3 of 3 ends

PURCHASE ORDERS

TERMS AND CONDITIONS

The City Purchasing Officer and the Vendor agree as follows:

1. Vendor shall furnish to City the labor, materials, equipment, supplies and/or services described in the Purchase Order preceding this page.

2. City shall pay to Vendor the price, or prices, specified in the Purchase Order upon delivery of the labor, materials, equipment, supplies and/or services, and acceptance thereof by the City Purchasing Officer, or upon the completion of the services to be performed and acceptance thereof.

3. If the Purchase Order is continuing in nature, City shall pay to Vendor the amount due Vendor for labor, materials, equipment or supplies furnished, or services completed and accepted.

4. Vendor shall deliver the labor, materials, equipment or supplies, or cause the services to be performed, within the time and in the manner specified in the Purchase Order. Vendor shall be excused in performance for delays resulting from causes beyond the control of Vendor.

5. If services are performed or labor furnished to City under the Purchase Order, Vendor agrees to indemnify, hold harmless and defend City, its City Council, and each member thereof, and every officer, employee, representative or agent of City, from any and all liability claims, demands, actions, damages (whether in contract or tort, including personal injury, death at any time, or property damage), costs and financial loss, including all costs and expenses and fees of litigation or arbitration, that arise directly or indirectly from any acts or omissions related to this Agreement performed by Vendor or its agents, employees, subcontractors, consultants and other persons acting on Vendor’s behalf. This agreement to indemnify, hold harmless and defend shall apply whether such acts or omissions are the product of active negligence, passive negligence, willfulness or acts for which Vendor or its agents, employees, subcontractors, consultants and other persons acting on Vendor’s behalf would be held strictly liable. Vendor’s obligation to defend shall arise when a claim, demand or action is made or filed, whether or not such claim, demand or action results in a determination of liability or damages as to which Vendor is obligated to indemnify and hold harmless.

6. Insurance
a) Vendor shall obtain and maintain during the performance of any services under this Agreement the following insurance coverage issued by a company satisfactory to the Risk Manager, unless the Risk Manager waives, in writing, the requirement that Vendor obtain and maintain such insurance coverage.
i. Commercial general liability insurance, including a contractual liability endorsement, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability coverage (Occurrence Form CG0001ED, November 1988); ii. Business automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Auto Liability Insurance Services Office coverage (Occurrence Form CA000TED, June 1992) covering Code No. 1, “any auto”; iii. Workers’ compensation insurance in compliance with the laws of the State of California, including employer’s liability insurance in an amount not less than $1,000,000 per claimant.

7. Vendor, in the performance of any services or the furnishing of any labor under this Purchase Order, shall be considered an independent contractor, and Vendor and Vendor’s agents and employees shall not be considered officers or employees of the City.

8. Vendor, without the written consent of the City Purchasing Officer, shall not:
a) Assign the Purchase Order, or any interest therein, or any money due thereunder; or b) Make any changes, alterations or variations in the terms of the Purchase Order.

9. The cost of inspection on deliveries, or offers to make deliveries that do not meet specifications, will be paid by Vendor or deducted by City from amounts due Vendor.

10. Vendor shall indemnify and hold harmless City, its officers and employees, from liability, claims, loss or expense of any kind or nature on account of any copyrighted or uncopyrighted composition, patented or unpatented process or invention, article or appliance furnished or used under this Purchase Order.

11. Vendor shall comply with all applicable federal, state and local ordinance, laws and regulations and shall obtain and pay for all required licenses and permits, including a City of Oxnard business license.

12. Return or exchange of materials, equipment or supplies will not be permitted without written approval by the City Purchasing Officer.

13. All materials, supplies and equipment furnished under the Purchase Order shall, where applicable, be in full compliance with the Safety Orders and Regulations of the Division of Industrial Safety of the State of California and the Williams-Steiger Federal Occupational Health and Safety Act of 1970.

14. City may terminate this Purchase Order at any time by giving written notice of termination to Vendor. If termination is for cause, termination shall become effective on the date of the notice or at a later date, specified in the notice. If termination is without cause, termination shall become effective five days after the date of the notice or at a later date specified in the notice.

15. Vendor shall comply with all applicable equal employment opportunity requirements of the California Department of Fair Employment and Housing in performing or contracting for any services under this Purchase Order.

16. For public projects, Vendor shall pay prevailing wages in accordance with Labor Code Sections 1720 et seq.

ADDITIONAL REQUIREMENTS FOR GRANT-FUNDED PROJECTS

17. The following requirements apply to any Purchase Order funded in whole or in part by federal grant funds. a) Upon expiration of the time specified on the reverse side, this Purchase Order shall terminate unless City and Vendor have mutually agreed in writing to an extension of time.
b) If legal action is brought by either party because the other has failed to comply with terms or conditions of this Purchase Order, the prevailing party shall be awarded its attorney’s fees and costs in addition to its damages and/or equitable relief. c) Vendor shall comply with all applicable requirements of Executive Order 11246 as amended by Executive Order 11375 and the regulations adopted pursuant thereto (41 CFR Chapter 60), which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin.
d) Vendor shall insure that the grantee (City), the Federal Grantor Agency, the Comptroller General of the United States, or any duly authorized representative, shall have access to any books, records, documents and papers, specifically relating to this Purchase Order, for the purpose of making audit, examination, excerpts and transcriptions for not less than three years after completion of the project and/or until the completion of the final project audit as required by the Federal Grants Agency.

108

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. I.8

DATE: January 4, 2022

TO: City Council

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]

SUBJECT: Agreement A-8402 with Professional Security Consultants for Security Services at Various City Locations.

RECOMMENDATION

That the City Council approve and authorize the:

2. Purchasing Agent to execute amendments to Agreement A-8402 for a total term of three years and five months with a possible termination date of June 30, 2025 and a total not-to-exceed amount of $2,660,000. (Public Works and Transportation Committee approved 3-0)

BACKGROUND

The Public Works Department (Public Works) is responsible for the operation of the City’s Oxnard Transportation Center (OTC), Water Campus, Oxnard Wastewater Treatment Plant (OWTP) and its Headworks Facility, the Advanced Water Purification Facility (AWPF), and the Del Norte Regional Recycling and Transfer Station (Del Norte). These facilities are located in the City of Oxnard and provide essential public utility services for the residents of Oxnard and the west Ventura County region. These facilities currently utilize private security. However, the security services for these locations have been under separate agreements. As a result, and to ensure efficiency and contract management, staff solicited services in order to consolidate all locations under a single agreement. Staff will be able to have a single point of contact with the vendor as well as minimize the time spent by administering only one agreement.

DISCUSSION
These City facilities require the security services to act as a first deterrent for unwanted activity; ensure the safety of personnel, protect property, customers, and the public; and guard against vandalism. Furthermore, the presence of security patrol has reduced the frequency of after-hours access, vandalism, property damage and thefts at all facilities and provides immediate reporting to public safety if property damage is observed from fire, flooding or other hazardous incidents.

On September 9, 2021, the City issued a formal Request for Proposal (RFP) PW 22-22 for security services at multiple locations and closed on September 30, 2021. The City received 13 proposals that were reviewed by Public Works Staff and Oxnard Police Department's Patrol Watch Commander. Interviews were conducted with the top three bidders as part of the selection, as well as reviewing costs, experience and qualifications.

Professional Security Consultants (PSC) was selected through the awarding process, pursuant to the process as outlined 109
in the Oxnard Municipal Code, as the provider for security services at all identified City locations. The RFP includes the site specific security and patrol requirements to ensure each location has the required level of service for staff safety, public safety, and that City assets are adequately protected. Staff has confirmed that PSC meets all required City contractual provisions including possession of a City business tax certificate, insurance certificates and corporate filing with the California Secretary of State.

This agreement with PSC includes armed and unarmed security services. The Water Campus is the only facility that utilizes armed security services due to critical infrastructure and transient activity in the area. These armed security services will be provided from 6:00 p.m. to 7:00 a.m. during weekdays and around the clock on weekends and holidays.

The all-inclusive hourly rates for security services are shown in Table 1. These rates include all costs necessary to service each facility, including equipment and vehicles.

TABLE 1

SERVICE TYPE HOURLY RATE UNARMED HOURLY RATE
ARMED
Guard $25.54 $27.22
Additional Guard $25.54 $27.22
Supervisor $25.54 $27.22
Table 2 provides the location and lot size for each facility.

TABLE 2

CITY FACILITY LOCATION ESTIMATED

LOT SIZE (ACREAGE)
Oxnard Transportation Center 201 East Fourth Street 8
Water Campus 251 South Hayes Avenue 4.9
OWTP & Headworks Facility 6001 Perkins Road/
5741 Perkins Road
30 AWPF 5700 Perkins Road 4.7
Del Norte 111 Del Norte Boulevard 16
Based on the needs and size of the facilities, security guards will be assigned accordingly.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

110
The total cost for this Agreement with PSC shall not exceed $2,660,000 through June 30, 2025, if extended. Services will commence February 1, 2022. Sufficient funds are available in the respective funds for FY 2021-22 for February through June 30, 2022. Funding for future years will be included in proposed Operating Budgets for the City Council’s consideration.

The following table shows the estimated spending plan for all divisions which also includes any potential increases after the initial term. The “As-needed” amounts are a contingency that will be applied for any unforeseen additional security needs such as public events, natural and/or mechanical damage, or excessive vandalism. Increases to the agreement are estimated and per the terms, updated annual pricing must be submitted to the City in writing, no later than the April 1st preceding the renewal date. Increases shall not exceed the ConsumerPrice Index for all Urban Consumers (CPI-U) for Los Angeles from the U.S. Bureau of Labor Statistics based on 12-month CPI-U for March.

FACILITY ACCOUNT
FY 2021-
22 FY 2022-
23 FY 2023-
24 FY 2024-
25 TOTAL
OTC
213-3110-803-82-
09 $110,000 $260,000 $273,000 $287,000 $930,000
Water Campus
608-6015-842-
8209 $70,000 $165,000 $173,000 $182,000 $590,000
OWTP
621-6202-842-
8209 $35,000 $80,000 $85,000 $88,000 $288,000
AWPF
601-6012-842-
8209 $20,000 $40,000 $42,000 $45,000 $147,000
Del Norte
638-6315-842-
8209 $65,000 $145,000 $155,000 $160,000 $525,000
As-needed
Services Various $30,000 $50,000 $50,000 $50,000 $180,000 Total $330,000 $740,000 $778,000 $812,000 $2,660,000

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 3-0 on December 14, 2021 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Brian Yanez, Assistant Public Works Director

ATTACHMENTS

1. PSC - A-8402
111
Agreement No. A-8402

Page 1 of 26 ends

AGREEMENT FOR TRADE SERVICES

COVER PAGE
(1) Agreement Start Date: February 01, 2022
(2) Vendor: Professional Security Consultants
(3) Services: Security Services for Various City Locations (4) Schedule of Services: Services to be completed through June 30, 2025 subject to renewal terms as noted in the Rates and Costs Exhibit
(5) Agreement Ending Date: June 30, 2025 subject to renewal terms as noted in the Rates and Costs Exhibit (6) Total Agreement Amount: Not to exceed $2,660,000
(7) City’s Project Manager: Brian Yanez, Assistant Public Works Director (8) Vendor’s Project Manager: Juan Zuniga, Regional Security Director (9) Insurance Coverage: INS-C
(10) What wages are required for this Project?
☒ Living wage but not prevailing wages, in which case: Section 20(a) through (d) and the Living Wage Policy Exhibit are incorporated and are required; but Section 20(e) and the Prevailing Wage Exhibit are not incorporated and are not required.
☐ Prevailing wages but not living wage, in which case: Section 20(e) and the Prevailing Wages Exhibit are incorporated and are required; but Section 20(a) through (d) and the Living Wage Policy Exhibit are not incorporated and are not required.
☐ Both living wage and prevailing wages, in which case Section 20, the Living Wage Policy Exhibit, and the Prevailing Wages Exhibit are incorporated and required. ☐ Neither living wage nor prevailing wages, in which case Section 20, the Living Wage Policy Exhibit, and the Prevailing Wages Exhibit are not incorporated and are not required. (11) Addresses for Notice:

FOR VENDOR: FOR CITY:
11454 San Vicente Boulevard 305 West Third Street, East Wing, Third Floor Los Angeles, CA 90049 Oxnard, CA 93030
Attn: Juan Zuniga, Regional Security Director Attn: Brian Yanez, Assistant Public Works Director (12) Contact Emails:

VENDOR’S PROJECT MANAGER: CITY’S PROJECT MANAGER:
[email protected] br
[email protected]
The Agreement for Trade Services is attached hereto and incorporated herein by this reference. The f ollowing exhibits are also attached hereto and incorporated herein by this reference into the Agreement:
☒ Scope of Services Exhibit ☒ Living Wage Policy Exhibit ☒ Rates and Costs Exhibit ☐ Prevailing Wages Exhibit
☐ Schedule of Services Exhibit ☒ Insurance Exhibit (INS-C ) 112
Agreement No. A-8402

Page 2 of 26 ends

AGREEMENT FOR TRADE SERVICES

THIS AGREEMENT FOR TRADE SERVICES (“Agreement”) is entered into in Ventura County, California, on the date that is written as “(1) Agreement Start Date” on the Cover Page, which is attached hereto and incorporated herein by this reference. This Agreement is entered by and between the City of Oxnard (“City”) and the person or entity listed as “(2) Vendor” on the Cover Page, subject to the following terms and conditions:

1. Scope of Services. Vendor shall provide to City the services listed as “(3) Services” on the Cover Page (the “Services”). Vendor shall provide the Services during the term of this Agreement, as set forth below, according to the schedule written as “(4) Schedule of Services” on the Cover Page, and as further explained in the Scope of Services Exhibit, which is attached hereto and incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and any incorporated document(s), the terms of this Agreement shall control.

2. Term. This Agreement shall begin on the date that is written as “(1) Agreement Start Date” on the Cover Page and shall end on the date that is written as “(5) Agreement Ending Date” on the Cover Page. Time is of the essence in this Agreement.

3. Compensation. For the Services performed during the term of this Agreement, City shall pay Vendor an amount not to exceed the amount that is listed as “(6) Total A greement Amount” on the Cover Page, at the rates listed in the Rates and Costs Exhibit, attached hereto and incorporated herein by this reference. The rates in the Rates and Costs Exhibit shall be in effect through the end of this Agreement unless otherwise stated therein.

4. Invoices. Vendor shall submit a payment request to City by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month. Each invoice must also list the current balance on the Agreement, including that invoice, as well as the months remaining on the term of the Agreement. Invoices may be emailed to: [email protected].

5. Most Favored Nation . Throughout the term of the Agreeme nt, in the event Vendor provides the Services having terms more favorable than this Agreement to any person or entity other than City, Vendor shall notify City within 10 calendar days of signing the other contract, or if there is no other contract, of fina lizing that deal or providing any services, whichever occurs first in time. In that notice, Vendor shall offer City to amend this Agreement to reflect such more favorable terms into this Agreement without any contingency to amend any other provision of this Agreement.

6. Acceptance of Payment. Vendor’s acceptance of final payment made pursuant to this Agreement shall constitute a release of City from all claims and liabilities for compensation to Vendor for anything completed, finished or relating to the S ervices. City’s payment shall not constitute nor be deemed a release of the responsibility and liability of Vendor for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by City for any defect or error in the Services performed by Vendor and its employees, agents and subcontractors. Vendor shall provide City with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the Services performed by Vendor or materials or products provided to City by Vendor, Vendor shall pay the sales tax. City shall not reimburse Vendor for sales taxes paid by Vendor.

7. Non-binding Terms . Any terms and conditions that are typed, printed, or otherwise included in any Vendor invoice rendered pursuant to this Agreement shall be deemed to be solely for the convenience of the parties.

No such term or condition shall be bi nding upon City, and no action by City (including, without limitation, the payment of any such invoice in whole or in part) shall be construed as binding City with respect to any such term or condition, unless the specific term or condition has been previously agreed to by Vendor and City in this Agreement or in a binding amendment thereto.

8. Non-Appropriation of Funds . Payments to be made to Vendor by City for the Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted and unencumbered appropriation of City. In the event City does not appropriate sufficient funds for payment of the Services beyond the current fiscal year, this Agreement shall cover payment for the Services only up to the

113
Agreement No. A-8402

Page 3 of 26 ends

conclusion of the last fiscal year in which City appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.

9. Coordination of Services . The Services shall be coordinated with the person in the p osition listed in “(7) City’s Project Manager” on the Cover Page, subject to the direction of the City Manager or Department Director. Vendor hereby designates the person in the position listed in “(8) Vendor’s Project Manager” on the Cover Page as the person responsible for the Services who shall coordinate with City’s Project Manager in making binding decisions in line with this Agreement on behalf of Vendor.

10. Personnel. Vendor represents that it has or shall secure at its own expense all personnel required to perform the Services. Vendor shall make reasonable efforts to maintain the continuity of Vendor’s staff who are assigned to perform the Services. Vendor may associate with or employ associates or subcontractors in the performance of the Services, but at all times shall Vendor be responsible for its associates and subcontractors’ labor, advice or materials provided in furtherance of providing the Services. Should any of Vendor’s employees, assigns or subcontractors not conduct him - or herself app ropriately, as determined by the City’s Project Manager, in the process of providing the Services or any portion thereof, the City’s Project Manager may notify the Vendor’s Project Manager, who shall immediately handle the problem, as determined appropriate by him or her, such that the problem does not persist.

11. Additional Work . City may request additional specified work under this Agreement. The City’s Project Manager must authorize all such work in writing before commencement. Vendor shall perform such work, and City shall pay for such additional work, in accordance with the Rates and Costs Exhibit. Should the work not fall under any such listed rate or cost, Vendor shall submit a quote for all additional work, which the City’s Project Manager must appro ve in writing by before any such work may commence. The City shall compensate Vendor for any work that does not fall under a rate or cost listed in the Rates and Costs Exhibit, and for which Vendor did not obtain the City’s Project Manager’s written approv al before work commenced, as determined by the City’s Project Manager in his or her sole discretion.

12. Advertising and Publicity . Vendor shall not use the name of or refer to City directly or indirectly in any advertisement, news release, or professional or trade publication without prior written approval from the City Manager. This Section shall survive the termination of this Agreement.

13. Audit. City shall have the option of inspecting, auditing and/or reproducing all records and other written materials: used by Vendor in preparing its billings to City as a condition precedent to any payment to Vendor; or for other purposes relating to the Agreement. Vendor will promptly furnish all documents requested by City. Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit Vendor for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, Vendor shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by City, whichever occurs later. Vendor shall maintain all such records in City or to promptly reimburse City for all reasonable costs incurred in conducting the a udit at a location other than in City, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. Vendor shall include a copy of this Section in all contracts with its subcontractors, and Vendor shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or City.

14. Termination. City may terminate this Agreement at any time, with or without cause and without penalty, upon 15 calendar days’ prior written notice. Such termination shall be effective on the date specified in the notice, or if no date is specified, then 15 calendar days from the date of the notice. Vendor may terminate this Agreement at any time, with or without cause and without penalty, upon 30 calendar days’ prior written notice. Such termination shall be effective on the date specified in the notice, or if no date is specified, then 30 calendar days from the date of notice and only if all assignments accepted by Vendor have been completed before the date of termination. In the event of termination of this Agreement by either party due to no fault or failure of performance by Vendor, City shall pay Vendor compensation for all Services satisfactorily completed in accordance with all of the terms and provisions of this Agreement, as determined by the City, before the effective date of termination; provided, in no event shall the Vendor receive an amount exceeding that which would have been paid to Vendor for

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the full performance of the Services. If City pays for any materials, City shall be entitled to the title and possession of such.

15. Hold Harmless, Defense and Indemnity.

To the fullest extent permitted by law, Vendor shall immediately defend, indemnify, and hold harmless City, its legislative and advisory bodies, and the City’s officials, directors, officers, employees, and agents (the “Indemnitees”) from and against all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with Vendor’s performance of this Agreement or Vendor’s failure to comply with any of its obligations contained in this Agreement. Liabilities subject to the duties to defend and indemnify include , without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Vendor’s obligation to indemnify applies unless it is adjudicated that any of the liabilities covered by this Section 15 are the result of the sole active negligence or sole willful misconduct of any of the Indemnitees.

a. The duty to defend is a separate and distinct obligation from Vendor’s duty to indemnify.

Vendor shall be obligated to defend in all legal, equitable, administrative, or special proceedings with counsel approved by the City Attorney immediately upon tender to Vendor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of negligence or willful misconduct by any of the Indemnitees shall not relieve Vendor from its separate and distinct obligatio n to defend the Indemnitees. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes the obligation to provide independent defense counsel if Vendor asserts that liability is caused in whole or in part by the negligence or willful misconduct of the Indemnitees. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of any of the Indemnitees, Vendor may submit a claim to City for reimbursement of reasonable attorneys’ fees and defense costs.

b. The review, acceptance or approval of Vendor’s work or work product by any of the Indemnitees shall not affect, relieve or reduce Vendor’s indemnification or defense obligations. This Section 15 shall survive completion of the Services or termination of this Agreement. The provisions of this Section 15 shall not be restricted by and do not affect the provisions of this Agreement relating to insurance.

16. Insurance. Vendor shall obtain and maintain during the performance of any services under this Agreement the insurance coverages listed within the insurance document stated in “(9) Insurance Coverage” on the Cover Page and in the Insurance Exhibit, which is attached hereto and incorporated herein by this reference, unless the Risk Manager waives, in writing, the requirement that Vendor obtain and maintain such insurance coverages.

Such insurance must be issued by a company satisfactory to the Risk Manager. Vendor shall, before performance of any Services pursuant to this Agreement, file with the Risk Manager evidence of insurance coverage as specified in “(9) Insurance Coverage” on the Cover Page and in the Insurance Exhibit. Maintenance of insurance coverages by Vendor is a material element of this A greement. Vendor’s failure to maintain or renew insurance coverages or to provide renewal evidence may be considered a material breach of this Agreement.

17. Documents and Materials.

a. All final computations, exhibits, files, plans, correspondence, reports, drawings, designs, data, photographs, specifications, information, images, video files, media, or other deliverables prepared, created, drawn, calculated, photographed or developed by Vendor pursuant to this Agreement (“Documents and Materials”) shall be the property without restriction or limitation upon its use, duplication or dissemination by the City. All Documents and Materials shall be considered “works made for hire,” and all Documents and Materials and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the City without restriction or limitation upon their use, duplication or dissemination by the City. Vendor shall not obtain or attempt to obtain copyright protection as to any Documents and Materials. Vendor hereby assigns to the City all ownership and any and all intellectual property rights to the Documents and Materials that are not otherwise vested in the City pursuant to this Section 17.

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b. Vendor shall deliver all Documents and Materials to City’s Project Manager upon completion of the Services or termination of this Agreement without additional cost or expense to the City. Additionally, anytime at City’s request, City shall be entitled to possession of, and Vendor shall furnish to City’s Project Manager within 10 calendar days, any or all of the Documents and Materials without additional cost or expense to the City. In both situations, if Vendor pr epares Documents and Materials on a computer, Vendor shall provide City with said Documents and Materials both in a printed format and in an electronic format that is acceptable to the City. Vendor may retain copies of these Documents and Materials but must request permission from the City before use, duplication or dissemination these Documents and Materials for any purpose other than for the Services provided to the City pursuant to this Agreement.

c. Any substantive modification of the Documents and Materials by City staff or any use of the completed Documents and Materials for other City projects, or any use of uncompleted Documents and Materials, without the written consent of Vendor, shall be at City’s sole risk and without liability or legal exposure to Vendor.

d. Vendor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Documents and Materials, and that the City has full legal title to and the right to use, duplicate or disseminate the Documents and Materials. Vendor shall defend, indemnify and hold Indemnitees harmless from any loss, claim or liability in any way related to a claim that City’s use of any of the Documents and Materials is violating federal, state or local laws, any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrigh ts, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Vendor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the services and Documents and Materials. In the event the use of any of the Documents and Materials by the City is held to constitute an infringement and the use of any of the same is enjoined, Vendor, at its own expense, shall: secure for City the right to continue using the Documents and Materials by suspension of any injunction, or by procuring a license or licenses for City; or modify the Documents and Materials so that they become non-infringing while remaining in compliance with the requirements of this Agreement.

e. This Section 17 shall survive the termination of this Agreement.

18. Confidentiality of Information.

a. For the purposes of this Agreement, “Confidential Information” means all information, in whatever form transmitted, relating to the past, present or future business affairs of the City, including without limitation, (i) technical information, including patent, copyright, trade secret, and other proprietary information, techniques, sketches, dr awings, models, inventions, processes, apparatus, equipment, algorithms, software programs, software source documents, and formulas; or (ii) non- technical information, including without limitation finances, financial and accounting data and information, suppliers, customers, customer lists, purchasing data and any other information belonging to the City or to a third party whose information is in the City’s possession or control under obligations of confidentiality, and which is disclosed to Vendor or is developed by Vendor in whole or in part at the City’s expense.

b. All Documents and Materials shall be considered Confidential Information and shall not be reproduced, transmitted, disclosed or used by the Vendor without the written consent of the City, exce pt as may be necessary for Vendor to fulfill its obligations to the City.

c. Notwithstanding the above, these limitations shall not apply to information that (i) is already known to Vendor at the time of that information’s disclosure or becomes publicly known through no wrongful act or omission of Vendor, (ii) is communicated to a third party with the express written consent of City and is not subject to restrictions on further use or disclosure, (iii) is independently developed by Vendor and has no relat ion to this Agreement, or (iv) is required by law, court order, court -issued subpoena or other legal process to be disclosed; provided, however, that before making such disclosure, Vendor shall immediately provide City with written notice

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and a reasonable opportunity for City to object to the disclosure or to take action to maintain the confidentiality of the information, unless such prior disclosure is legally impermissible.

d. Vendor shall use reasonable care to protect the Confidential Information. In the event of a breach or threatened breach of this Agreement, City shall be entitled to obtain an injunction prohibiting any such breach, the costs of which shall be paid by Vendor. Any relief granted shall be in addition to and not in lie u of any other legal or equitable relief, including money damages. The parties acknowledge that Confidential Information is valuable and unique and that disclosure of the Confidential Information in breach of this Agreement may result in irreparable injury to the City.

e. Other than an obligation upon the City to deal in good faith, the City makes no warranties and shall bear no liability or responsibility for errors or omissions in any Confidential Information disclosed under this Agreement or for any business decisions made by Vendor in reliance on any Confidential Information disclosed under this Agreement.

f. This Section 18 shall survive the termination of this Agreement.

19. Independent Contractor . Vendor is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its employees or agents shall have control over the conduct of Vendor or any of its employees, except as stated in this Agreement. Vendor has and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting Vendor, and it is free to dispose of all portions of its time which it is not obligated to devote to City in such a manner and to such persons, firms, or corporations as Vendor wishes except as expressly provided in this Agreement. This Agreement shall not be interpreted to prevent or preclude Vendor from rendering any services for Vendor’s own account or to any other person or entity as Vendor in its sole discretion shall determine; provided, however, that performing such services shall not materially interfere with the Services Vendor shall perform for the City. Except as City’s Project Manager specifies in writing, Vendor and its employees and agents have no authority, express or implied, to act on behalf of City in any capacity, to incur any debt, obligation or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent. Vendor and its employees are not employees of City. Vendor and its employees are not entitled to receive from City any of the benefits or rights afforded employees of City, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long -term disability and workers’ compensation insurance benefits. Vendor shall not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Vendor agrees to pay all required taxes on amounts paid to Vendor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independ ent contractor relationship created by this Agreement. Vendor shall be solely responsible for, and shall save City harmless from, all matters relating to the payment of Vendor’s subcontractors, material suppliers, directors, officers, employees, agents and representatives, including compliance with social security requirements, federal and State income tax withholding, and all other regulations governing employer -employee relations, as applicable. City shall have the right to offset against the amount of an y compensation due to Vendor under this Agreement any amount due to City from Vendor as a result of its failure to promptly pay to City any reimbursement or indemnification arising under this Section.

20. Wages. If the first option is selected in response to (10) on the Cover Page and, thus, the payment of living wage is required, only this paragraph and subsections (a) through (d) of this Section 20 shall apply. If the second option is selected in response to (10) on the Cover Page and, thus, the payment of prevailing wages (and related Labor Code provisions) is required, only this paragraph and subsection (e) of this Section 20 shall apply. If the third option is selected in response to (10) on the Cover Page and, thus, both the payment of living wage and prevailing wages (and related Labor Code provisions) is required, this paragraph and subsections (a) through (e) shall apply, meaning Vendor shall compensate all of its employees providing services to City in accordance with both the City’s Living Wage Policy and State -required prevailing wages. In the event of a conflict between the City’s Living Wage Policy and State -required prevailing wages, the higher of the two shall prevail. If the fourth option is selected in response to (10) on the Cover Page and, thu s, neither the payment of living wage nor prevailing wages (and related Labor Code provisions) is required, no part of this Section 20 shall apply.

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If either the first or third option is selected in response to (10) on the Cover Page, Vendor shall compensate any employee of Vendor who provides Services to the City under this Agreement in accordance with the Living Wage Policy Exhibit, which is attached hereto and incorporated herein by this reference. While this Agreement is in effect, Vendor shall pay such employee no less than $16.89 per hour for each hour that such employee provides services under this Agreement. This hourly rate shall be adjusted on July 1, 2022, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI -U), index base 1982- 84=100, comparing May of the previous year to May of the current year. In addition, while this Ag reement is in effect, Vendor shall provide to such employee no less than 96 hours of paid leave per calendar year.

a. Vendor agrees to post, at a location readily accessible to those employees providing services to the City, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002, and effective October 1, 2002.

b. If Vendor fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to Vendor, effective immediately.

c. In addition, if Vendor fails to comply with the Living Wage Policy in any manner, Vendor shall pay to City a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Vendor shall pay such fine and penalty within 15 days after the City Manager or designee provides written notice to Vendor of the amount owed.

d. If either the second or third option is selected in response to (10) on the Cover Page, in accordance with Labor Code Section 1770 et seq., the Project is a “public work.” The Vendor shall pay wages in accordance with the determination of the Director of the Department of Industrial Re lations (“DIR”) regarding the prevailing rate of per diem wages. Copies of those rates are on file with the Public Works Director and are available to any interested party upon request. The Vendor shall post a copy of the DIR’s determination of the prevail ing rate of per diem wages at the job site. The Vendor shall comply with all provisions of the Prevailing Wage Exhibit, which is attached hereto and incorporated herein by this reference.

21. Nondiscriminatory Employment. Vendor shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status. Vendor understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, Vendor shall be responsible for such subcontractor’s compliance with this Section.

22. Vendor’s Representations . Vendor represents, covenants and guarantees that: a) Vendor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the Services in accordance with the terms and conditions set forth in this Agreement; b) there are no obligations, commitments, or impediments of any kind that will limit or prevent Vendor’s f ull performance under this Agreement; c) to the extent required by the standard of practice, Vendor has investigated and considered the scope of Services performed, has carefully considered how the Services should be performed, and understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement.

23. Compliance with Laws. In performing the Services under this Agreement, Vendor shall comply with all applicable laws, ordinances and regulations. Before performing the Services under this Agreement, Vendor shall obtain all required licenses and permits, including a City business tax certificate.

24. Conflict of Interest. If, in performing the Services set forth in this Agreement, Vendor makes, or participates in, a “governmental decision” as described in Title 2, Section 18701(a)(2) of the California Code of Regulations, or performs the same or substantially all the same duties for City that would otherwise be performed by a City employee holding a position specified in City's conflict of interest code, Vendor shall be subject to City's

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conflict of interest code, the requirements of which include the filing of one or more statements of economic interests disclosing the relevant financial interests of Vendor’s personnel providing the Services set forth in this Agreement. Furthermore, Vendor shall not to accept any employment or representation during the term of this Agreement or within 12 months after completion of the Services which is or may likely make Vendor “financially interested,” as provided in California Government Code Sections 1090 and 87100, in any decisions made by City on any matter in connection with which Vendor has been retained pursuant to this Agreement.

25. Fictitious Name. If Vendor has a fictitious name, Vendor shall submit to City a new Fictitious Business Name Statement approved by any California county before Vendor’s prior Fictitious Business Name Statement expires if such expiration may occur during the term of this Agreement, including any term amendment.

26. Non-Assignability. Vendor shall not assign or transfer any interest in this Agreement or any part thereof, whether by assignment or novation, without City’s prior written consent, which may be withheld for any reason or for no reason at all. Any purported assignment without written consent shall be null, void, and of no effect, and Vendor shall hold harmless, defend and indemnify Indemnitees regarding all Claims arising from or relating to any unauthorized assignment.

27. Protection of Services. Vendor shall continuously maintain adequate protection of all of Vendor’s work from damage and shall protect the City’s property from any and all injury or loss arising in connection with this Agreement. Vendor shall take all necessary precaution for the safety of employees on the job and shall comply with all applicable provisions of federal, State and municipal safety laws and building codes to prevent accidents or injury to persons on, about or adjacent to any premises where the Services are being performed.

28. Successors and Assigns . This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of Vendor.

29. Applicable Law; Venue . The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California’s choice of law rules.

Venue for any such action relating to the Agreement shall be in the Ventura County Superior Court.

30. Titles. The titles used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it.

31. Force Majeure. Neither City nor Vendor shall be responsible for delays or failures in performance resulting from acts beyond the control of either party. Such acts shall include but are not be limited to acts of God, riots, acts of war, epidemics, fire, earthquakes, or other disasters.

32. Authority. Any person executing this Agreement on behalf of Vendor warrants and represents that s/he has the authority to execute this Agreement on behalf of Vendor and to bind it to the performance of these obligations.

33. Binding Agreement. The parties do not intend this Agreement to be binding upon them and shall not be held liable to its terms until it is fully executed by all required signers.

34. Cumulative Remedies. All rights and remedies of City herein shall be in addition to all other rights and remedies available at law or in equity, including, without limitation, specific performance for the enforcement of this Agreement, and temporary and permanent injunctive relief.

35. Integration; Amendment . This Agreement, including any other documents incorporated herein by specific reference, constitutes the en tire and integrated agreement of City and Vendor regarding the subject matter described herein. This Agreement supersedes all prior oral or written communications, negotiations, representations, agreements and promises. This Agreement may not be modified o r amended, nor any provision or breach waived, except in a writing, signed by both parties, that expressly refers to this Agreement.

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36. Construction. In the event of any asserted ambiguity in or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of construction providing for interpretation against the party who causes the uncertainty to exist or who drafted the Agreement in whole or in part.

37. No Waiver . Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Vendor constitute or be construed as a waiver by City of any breach of covenant, or any default that may then exist on the part of Vendor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.

38. Attorneys’ Fees . The prevailing party shall be entitled to recover reasonable costs, attorneys’ fees (including the reasonable value of the services rendered by the City Attorney’s Office) and expenses, including investigation fees and expert witness fees, in addition to any other relieve to which that party may be entitled, in any legal action or other proceeding, including an action for declaratory relief, for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement.

39. Notice. Except as otherwise required by law, a notice or communication authorized or required by this Agreement shall be in writing and shall be deemed received —on (a) the day of delivery if del ivered by hand or overnight courier service during City’s regular business hours or (b) on the third business day following deposit in the United States mail, postage prepaid—to the addresses listed as “(11) Addresses for Notice” on the Cover Page or to such other address as one party may notify the other in writing.

40. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original and all of which, when taken together, shall be deemed to be one and the same agreement.

A signed copy of this Agreement transmitted by email to either of City or Vendor’s Project Managers’ emails listed in “(12) Contact Emails” on the Cover Page or by other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes.

41. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remainin g provisions of this Agreement shall continue in full force and effect.

[Signatures on next page]

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SCOPE OF SERVICES EXHIBIT

LOCATION SCOPE OF SERVICES

Oxnard Transportation Center (OTC):

The parameters for the private patrol operation are as follows:

SITE PATROL SCHEDULE FOR PPO OPERATION – OXNARD TRANSPORTATION CENTER (OTC)

Vendor shall provide unarmed security services for the City of Oxnard’s Oxnard Transportation Center (OTC), located at 201 East Fourth Street:

Background Information

The Oxnard Transit Center (OTC) is a two -story, 13,000 square feet brick motif building that opened in 1986. The total facility area is slightly over five acres, and includes parking lots, bus and rail loading facilities, and landscaped areas. During business hours, the Patrol security officers staffing operations at the OTC are Monday - Friday from 5:00 a m to 10:30 p m, and Saturday and Sunday from 6:00 am to 10:30 pm. After business hours, the Patrol security officers staffing operations at the OTC are Monday - Friday from 10:30 pm to 5:00 am , and Saturday and Sunday from 10:30 pm to 6:00 am . The OTC is a multi- model transportation facility and is open every day of the year (365 days per year), including City holidays. Security cameras and an indoor concierge desk provide a central location for security officers and high visibility for the patrons, employees, and business owners. The City has closed circuit television surveillance cameras inside and outside the building, with a central station at the concierge desk where the security guards are stationed. Most of the cameras have pan-tilt- zoom features.

Security hours are as follows

Monday through Friday
5:00 am – 10:30 pm

Saturday through Sunday
6:00 am – 10:30 pm

After-Hours Security

Monday through Friday
10:30 pm – 5:00 am

Saturday through Sunday
10:30 pm – 6:00 am

Service Description

Vendor will provide patrol unarmed security services to the OTC located at 201 East Fourth Street and its associated public parking lots on Meta Street, East Fourth Street, and 273 East Fifth Street. The vendor is expected to serve as the City's main customer contact for visitors to the Oxnard Transit Center during business hours. The City does not have an on- site property manager so the lead on-site security guard will serve as a liaison to notify City staff of issues about property management that require repairs to the premises. The main concentration of patrol time during open hours is located in and around the OTC and its surrounding parking lots and train and bus loading platforms. Attachment 1- Aerial Map for OTC is a map of the facility. This facility will require a patrol vehicle. 122
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Service During Operational Hours

• Monday through Friday
o 5:00 am to 9:00 am one (1) uniformed security guard
o 9:00 am to 6:00 pm two (2) uniformed security guards o 6:00 pm to 10:30 pm one (1) uniformed security guard
• Saturday through Sunday
o 6:00 am to 10:30 am one (1) uniformed security guard
o 9:00 am to 5:00 pm two (2) uniformed security guards
o 5:00 pm to 10:30 pm one (1) uniformed security guard

1. Patrols will take place periodically by a variety of means. Patrols may include vehicles, bicycle, foot, video surveillance, and a combination thereof.

2. It is up to the vendor to schedule their employees according to the hours above. The City will not pay the vendor for any over-time hours under any conditions.

Service During Non-Operational Hours-Night Patrol

During the overnight hours, non-operational hours, a standing guard is not required for the duration, however, six (6) random nightly patrols between the hours of 10:30pm and 5:00am.

One (1) uniformed security guard shall provide random roaming security checks at the OTC, including all parking lots, overpass stairs, bus platform, train platform and the perimeter of the building.

One (1) uniformed security guard shall perform at least six (6) random patrols (including foot patrols) per night on a rotating random basis. Patrols should not be at the same time on any given evening.

Security guard Responsibilities - Assigned Security guard will:

1. Patrol assigned areas as required. The assigned areas include:
a. bus platforms
b. train platforms
c. lobby and kiosks areas
d. restrooms
e. waiting areas
f. public areas within and outside the building
g. both long-term and short-term parking lots

2. Report abandoned vandalized and/or unregistered vehicles to Oxnard Police.

3. Discourage loitering on the premises including all landscaped areas.

4. Observe and report any illegal or hazardous activities and/or items to law enforcement immediately. The OTC manager is to be notified of the disposition of the law enforcement response as soon as possible.

5. Provide information as directed to employees, the public, and visitors of the OTC.

6. Determine loss, damage, or misuse of the property.

7. Open and close the OTC, utilizing the alarm systems.

8. Regularly survey the security and safety status of the OTC area and report findings.

9. Assist in the evacuation of OTC area patrons and employees as necessary.

10. Monitor activity occurring within the OTC and on the OTC property.

11. Investigate any suspicious activity and notify law enforcement when appropriate.

12. Assist fire department, medical services, and police agencies as necessary.

13. Maintain and update the security procedures manual, commonly known as "Post Orders." 123
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14. Maintain a professional appearance at all times.

15. Provide a daily log noting exceptional events and observations.

16. Operate the closed circuit television system and maintain its records as required by the City's records retention policies.

17. Locate persons who are disturbing patrons or engaging in illegal activities at the OTC.

Advise those who are impeding normal operations or engaging in illegal activities at the OTC to leave the property.

18. Maintain photographic and written records of banned persons, habitual offenders, and persons who have been advised about trespassing.

19. Provide one copy of any subpoena for records to the City of Oxnard Office of the City Attorney, 305 West Third Street, East Wing, First Floor, Oxnard, CA 93030 within 48 hours of receiving a subpoena. Provide notice to the property manager of any subpoena for records within 48 hours of receiving a subpoena.

20. Serve as a liaison to notify City staff of issues about property management that require repairs to the premises.

Water Campus:

The parameters for the private patrol operation are as follows:

SITE PATROL SCHEDULE FOR PPO OPERATION – WATER CAMPUS

Vendor shall provide armed security services to the City of Oxnard’s Water Campus located at 251 South Hayes Avenue.

Security Patrols

Vendor security patrols will include visual inspections of the Water Campus and physical inspections of all gates and doors of each facility and on-site vehicles to verify secure status. Make contact with individuals on property after hours to determine reason for access to the facility. Vendor shall perform regular visual inspection of parking lots, Meter Shop, Distribution Shop, container storage, Administration Building, Multi-Purpose Facility, Reverse Osmosis Plant, and the surrounding area of the Water Campus. Vendor shall notify designated City staff of any unauthorized activities and police in the event of an emergency.

After-Hours Security

Security hours are as follows:

Monday through Friday (13 hours)
12:00 am – 7:00 am
6:00 pm – 11:59 pm

Saturday (24 hours)
12:00 am – 11:59 pm

Sunday and Holidays (24 hours)
12:00 am – 11:59 pm

Vendor shall provide armed security services to the entire Water Campus, to include physical monitoring of the facility and monitoring of security cameras, vehicles, and equipment. Vendor shall notify designated City staff of any unauthorized activities and police in the event of an emergency. This facility will require a patrol vehicle.

Attachment 2 - Water Campus Aerial Map.

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VENDOR RESPONSIBILITIES

1. Vendor shall maintain a daily post log noting exceptional events and observations and provide copies to the City.

2. Vendor must be a licensed private patrol operator with the California Department of Consumer Affairs, Bureau of Security and Investigative Services.

3. Each security officer and supervisor assigned to this project must possess a valid and permanent California Department of Consumer Affairs, Bureau of Security and Investigative Security Services security guard registration while on the job site.

4. Each security officer and supervisor assigned to this project must be able to speak, read and write in English.

5. Vendor employees assigned to this project may be required to submit a Live Scan and criminal history check performed by the Oxnard Police Department at the City’s expense with or without notice.

Oxnard Wastewater Treatment Plant (OWTP) and Headworks Facility:

The parameters for the private patrol operation are as follows:

SITE PATROL SCHEDULE FOR PPO OPERATION – WASTEWATER TREATMENT PLANT (OWTP) and HEADWORKS FACILITY

Vendor shall provide one unarmed uniformed security guard during after -hours to provide security patrols and to monitor surveillance cameras at the Wastewater Treatment Plant (OWTP) located at 6001 Perkins Road, Headworks Facility located at 5741 South Perkins Road, Oxnard, California 93033. Vendor security patrols will include visual inspections of each facility and on-site vehicles, and physical inspections of all gates and doors of each facility and on-site vehicles to verify secure status. Make contact with individuals on property after hours to determine reason for access to the facility. Vendor shall alert the Police and Fire Departments should additional assistance be required.

Security Patrols - OWTP and Headworks Facility

Vendor shall provide roving security patrol of the OWTP and Headworks facilities throughout the duration of the hours noted below. Security Patrols shall ensure all facilities are secure through physical inspection of facility gates and building doors. Primary responsibility is to ensure that all persons on any of the two (2) sites are duly authorized. Security personnel shall make contact with any unknown individuals on the sites to determine proper authorization and purpose for access to the facility. All areas within the fence line shall be monitored on a continuous basis for unauthorized intruders. Security personnel will not be required to enter buildings. Only one (1) vehicle will be required and shall be shared among the O WTP, Headworks and AWPF facilities. Attachment 3 - Aerial Map for OWTP is a map of the facility.

After- Hours Security - OWTP and Headworks Facility

Security hours are as follows:

Monday through Sunday (12 hours)
6:00 pm – 6:00 am

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Vendor shall immediately notify Wastewater staff and City of Oxnard Police of any unauthorized activities or emergencies.

The OWTP is staffed continuously, 24 hours per day, 365 days per year. Therefore, security personnel shall check in with OWTP staff upon arrival at the facility and check out at the end of each shift. Daily logs shall be submitted at the end of every shift.

The OWTP and Headworks are working facilities with tanks, pumps, and other potentially dangerous equipment.

Vendor is not to enter any building, tank or other facility without prior written authorization or escort from City staff.

Advanced Water Purification Facility (AWPF):

The parameters for the private patrol operation are as follows:

Vendor shall provide unarmed security services to City the following armed security services for the Advanced Water Purification Facility (AWPF), located at 5700 Perkins Road.

SITE PATROL SCHEDULE FOR PPO OPERATION – ADVANCED WATER PURIFICATION FACILITY

Vendor shall provide one unarmed uniformed security guard during after -hours to provide security patrols and to monitor surveillance cameras at the Advanced Water Purification Facility (AWPF) located at 5700 Perkins Road, Oxnard, California 93033. Vendor security patrols will include visual inspections of each facility and on - site vehicles, and physical inspections of all gates and doors of each facility and on -site vehicles to verify secure status. Make contact with individuals on property after hours to determine reason for access to the facility.

Vendor shall alert the Police and Fire Departments should additional assistance be required.

Security Patrols - Advanced Water Purification Facility (AWPF)

Vendor shall provide roving security patrol of the AWPF facility throughout the duration of the hours noted below. Security Patrols shall ensure all facilities are secure through physical inspection of facility gates and building doors. Primary responsibility is to ensure that all persons on any of the three (3) sites are duly authorized. Security personnel shall make contact with any unknown individuals on the sites to determine proper authorization and purpose for access to the facility. All areas within the fence line shall be monitored on a continuous basis for unauthorized intruders. Security personnel will not be required to enter buildings. O nly one (1) vehicle will be required and shall be shared among the O WTP, Headworks and AWPF facilities. Attachment 4- Aerial Map for AWPF is a map of the facility.

After- Hours Security - AWPF
Security hours are as follows:

Monday through Sunday (12 hours)
6:00 pm – 6:00 am

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Vendor shall immediately notify Water staff and City of Oxnard Police of any unauthorized activities or emergencies.

The City will provide the security person with a communication device, list of personnel on site, site access controls, restroom facilities and any other relevant information at the start of each day. The AWPF is a working facility with tanks, pumps, and other potentially dangerous equipment. Vendor is not to enter any building, tank or other facility without prior written authorization or escort from City staff.

Del Norte Regional Recycling and Transfer Station:

The parameters for the private patrol operation are as follows:

SITE PATROL SCHEDULE FOR PPO OPERATION – DEL NORTE REGIONAL RECYCLING AND

TRANSFER STATION

Vendor shall provide one unarmed uniformed security guard during after -hours to provide security patrols and to monitor surveillance cameras at the Del Norte Regional Recycling and Transfer Station (Del Norte Facility) located at 111 Del Norte Boulevard, Oxnard, California 93030

Vendor security patrols will include visual inspections of each facility and on -site vehicles, and physical inspections of all gates and doors of each facility and on-site vehicles to verify secure status. Make contact with individuals on property after hours to determine reason for access to the facility. Vendor shall alert the Police and Fire Departments should additional assistance be required.

Security Patrols - Del Norte Facility

Vendor shall provide control of after-hours access and make regular physical inspections of the site, patrols of the parking lots and the staging areas for recyclable material, equipment and supplies; regularly enter the facility to inspect piles of solid waste, recyclables and green waste for signs of spontaneous combustion and to contact emergency services as needed; secure all building doors and gate entrances, and monitoring of video security cameras. This facility will not require a patrol vehicle. Attachment 5 - Aerial Map for Del Norte is a map of the facility.

After-Hours Security at the Del Norte Facility

Security hours are as follows:

Monday through Friday (12.5 hours)
12:00 am – 5:00 am
4:30 pm – 11:59 pm

Saturday (17 hours)
12:00 am – 5:00 am
12:0 pm – 11:59 pm

Sunday and Holidays (24 hours)
12:00 am – 11:59 pm

Vendor shall notify designated City staff of any unauthorized activities and the Police o r Fire Departments in the event of an emergency.
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RATES AND COSTS EXHIBIT
It is up to the vendor to schedule their employees according to the hours listed in our Tab D. Scope of Services. The City will not pay the vendor for any over-time hours under any conditions. Vendor pays their employees for time and a half for six holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas in accordance with Rates and Costs Exhibit.

Hourly Rate Table
L
ocation Hourly Rate Unarmed Hourly Rate Armed
Oxnard Transportation Center
(OTC)
$25.54 $27.22
Oxnard Transportation Center
(OTC) –
R
andom Nightly Patrols
$25.54
*(this section is per visit/hit)
$27.22
*(this section is per visit/hit)
Water Campus $25.54 $27.22
Oxnard Wastewater
Treatment Plant (OWTP)
$25.54 $27.22
Advanced Water Purification
Facility (AWPF)
$25.54 $27.22
Del Norte Recycling Center
and Material Recycling
Facility (MRF)
$25.54 $27.22
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Hourly Rates For Additional As Needed Guard Services
City Security Guard Services Hourly Rate Unarmed Hourly Rate Armed Security Officer $25.54 $27.22
Supervisor $25.54 $27.22
Contract billing rate is an all-inclusive rate. The billing rate shall include all costs necessary, including but not limited to, employee wages, benefits, required supplies, travel to and from locations, and patrol vehicles if necessary.

The period of performance anticipated for this agreement shall be for three (3) years and five months, with each year renewable in one (1) year increments effective upon signature of an Agreement by both parties, unless terminated earlier. This annual renewal shall be based on mutually acceptable services, cost adjustments, and the City requirements and there is no obligation by the City to purchase any specified amount of goods or services. Updated annual pricing must be submitted to the City in writing, no later than the April 1st preceding the renewal date. Increases shall not exceed the Consumer Price Index for all Urban Consumers (CPI-U) for Los Angeles from the U.S. Bureau of Labor Statistics based on 12-month CPI-U for March.
129
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LIVING WAGE POLICY EXHIBIT
T
he Living Wage Policy of the City of Oxnard is hereby adopted by the City Council on July 9, 2002 to be effective October 1, 2002.

1. Pursuant to this Living Wage Policy, Vendor shall pay those employees who provide services to the City under contract:
(a) Effective October 1, 2002, at least $9.00 an hour for the time during which the employee is providing services to the City;
(b) Effective July 1, 2003, at least $9.25 an hour for the time during which the employee is providing services to the City and 32 hours of paid leave per every calendar year in which an employee provides services to the City; (c) Effective July 1, 2004, at least $10.59 an hour for the time during which the employee is providing services to the City and 64 hours of paid leave per every calendar year in which an employee provides services to the City; and (d) Effective July 1, 2005, at least $12.22 an hour for the time during which the employee is providing services to the City and 96 hours of paid leave per every calendar year in which an employee provides services to the City.

2. The hourly rates established in Section 1 shall be adjusted July 1, 2006 and, each July 1 thereafter, according to the percentage change since July 1, 2005 in the Consumer Price Index prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers.

3. A service contractor executing a service contract with the City for which the City will pay the contractor $25,000 or more during the contract term shall be subject to the Living Wage Policy.

4. A service contractor executing more than one service contract wi th the City, and the combined monetary total of the payments by the City pursuant to such contracts is $25,000 or more for the combined contract terms shall be subject to the Living Wage Policy.

5. This Living Wage Policy shall not govern the following types of contracts for: (a) the purchase, rental or lease of goods, products, equipment, supplies or other personal property; (b) public works projects as defined in State or local law; and (c) professional services.

6. This Living Wage Policy shall not govern the following service contractors: (a) nonprofit entities organized under IRS Code section 501(c)(3); (b) public entities such as cities, counties, special districts, states and the federal government; a nd (c) businesses employing fewer than five persons.

7. The City Attorney is directed to include in all standard trade services contracts and all contracts involving unique trade services, the language set forth in Exhibit 1 attached hereto and incorporated herein by this reference.

8. If Vendor fails to comply with this Living Wage Policy, the City Manager is directed to terminate the subject service contract immediately and to impose appropriate fines and penalties as set forth in the service contract.

9. The City Manager and the City Attorney are responsible for the administration and enforcement, respectively, of the Living Wage Policy. If an employee of a service contractor governed by the Living Wage Policy concludes that he/she has been retaliated against for the exercise of rights under the Living Wage Policy, the employee should contact the City Manager at 385-7430.

10. The City Manager shall reasonably cooperate with representatives of the Ventura County Living Wage Coalition to ensure the effective administration and enforcement of the Living Wage Policy.

11. This Living Wage Policy may be changed only by City Council and only after a duly noticed public hearing.

12. The City Manager is directed to ensure that the City Council will review the Living Wage Policy as part of the FY 2003 - 2004/05 budget process.
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Agreement No. A-8402

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Exhibit 1
Living Wage Policy
Pursuant to the Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in all s tandard trade services contracts and all unique trade services contracts governed by the Living Wage Policy.

A. Vendor shall compensate any employee of Vendor who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit. While this Agreement is in effect, Vendor shall pay such employee no less than $16.89 per hour for each hour that such employee provides services under this Agreement. In additi on, while this Agreement is in effect, Vendor shall provide to such employee no less than 96 hours of paid leave per calendar year.

B. Vendor agrees to post, at a location readily accessible to those employees providing services to the City, a copy of the Living Wage Policy adopted by City Council on July 9, 2002 and effective October 1, 2002.

C. If Vendor fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to Vendor, effective immediately.

D. In addition, if Vendor fails to comply with the Living Wage Policy in any manner, Vendor shall pay to City a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Vendor shall pay such fine and penalty within 15 days after the City Manager or designee provides written notice to Vendor of the amount owed. 131
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CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2021

42. Vendor shall compensate any employee of Vendor who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit 1. While this Agreement is in effect, Vendor shall pay such employee no less than $16.89 per hour for each hour that such employee provides services under this Agreement. This hourly rate shall be adjusted on July 1, 2022, and each July 1 thereafte r, according to the percentage change in the Consumer Price Index , all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI -U), index base 1982-84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, Vendor shall provide to such employee no less than 96 hours of paid leave per calendar year.

b. If Vendor fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to Vendor, effective immediately.

d. The foregoing requirements are restated on page 5 of the Agreement for Trade S

132
Exhibit INS-C

Page 22 of 26 ends

INSURANCE REQUIREMENTS FOR SMALL/MEDIUM CONSTRUCTION AND SERVICES CONTRACTS (WITH BUILDER’S RISK REQUIREMENT)

1. Contractor shall obtain and maintain during the performance of any services under this Contract the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Contractor, its agents, representatives, employees or subcontractors.

a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $1,000,000 combined singl e limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001) If a general aggregate limit is used, that limit shall apply separately to the project location or shall be twice the occurrence amount;

b. Business Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile L iability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;”

c. If architectural, engineering, or electrical work will be performed under the Contract, Professional Liability/Errors and Omi ssions Insurance appropriate to the work being done in an amount not less than $1,000,000, with neither Contractor nor listed subcontractors having less than $500,000 individually. The Professional Liability/Errors and Omissions Insurance must be project specific with at least a one year extended reporting period, or longer upon request.

d. Course of Construction Insurance providing coverage for “all risks” of loss in an amount not less than the completed value of the project, with City named as Owner and Insured.

e. Workers' Compensation Insurance in compliance with the laws of the State of California, and Employer's Liability Insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all ri ghts of subrogation which the insurer may have against the City.

2. Contractor shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original en dorsements effecting coverage required by this Exhibit INS -C. The certificates and endorsements for each insurance policy are t o be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before work commences. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email (or fax if necessary) to the Risk Manager, addressed as follows (do not send hard copies):

City of Oxnard
Insurance Compliance
Reference No.

P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007

3. Contractor agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled by either party, or reduced in coverage or limits without 30 days' prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.

4. Contractor agrees that the Commercial General Liability and Business Automobile Liability Insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The cove rage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS -C or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).

5. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance or self - insurance coverages (this must be endorsed) . Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each i nsured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

6. Any deductibles or self -insured retentions must be declared to and approved by the Risk Manager. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City, its City Council, officers, employees and volunteers, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, clai m administration and defense expenses.

7. All insurance standards applicable to Contractor shall also be applicable to Contractor’s subcontractors. Contractor agrees to maintain appropriate agreements with subcontractors and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.

11/21
133
Exhibit INS-C
Page

Page 23 of 26 ends

INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS

Certificates of Insurance

The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start -up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.

Endorsement Forms

Original endorsements are required for general liability and automobile liability insurance policies and must be attached to th e applicable certificate of insurance. City preference is that you use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the sample accord form.

INS-C.doc
134
Exhibit INS-C
Page

Page 24 of 26 ends

ACORD CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)

PRODUCER

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

CODE SUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE

INSURED

COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANY

LETTER B

COVERAGES

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY

REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

CO
LTR

TYPE OF INSURANCE

POLICY NUMBER

POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY)

LIMITS

GENERAL LIABILITY
[x] COMMERCIAL GENERAL LIABILITY
[x] CLAIMS MADE [x] OCCUR.
[x] OWNER'S & CONTRACTOR'S PROT.

GENERAL AGGREGATE $1,000,000
PRODUCTS COMP/OP AGG. $1,000,000
PERSONAL & ADV. INJURY $1,000,000
EACH OCCURRENCE $1,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $

A AUTOMOBILE LIABILITY
S
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

GARAGE LIABILITY

E
COMBINED SINGLE $1,000,000
LIMIT
BODILY INJURY $
(Per person)
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE $

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM

EACH OCCURRENCE $
AGGREGATE $

WORKERS' COMPENSATION
AND

EMPLOYERS' LIABILITY

STATUTORY LIMITS
EACH ACCIDENT $1,000,000
DISEASE-POLICY LIMIT $1,000,000
DISEASE-EACH EMPLOYEE $1,000,000

OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession; if architectural, engineering or electrical work will be performed under the Contract, Course of Construction Insurance Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant
Course of Construction
Completed Value of Project

DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS

CERTIFICATE HOLDER

CITY OF OXNARD
Attn: Insurance Compliance
Reference No._ _
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER

NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.

AUTHORIZED REPRESENTATIVE
135
Exhibit INS-C
Page

Page 25 of 26 ends

GENERAL LIABILITY SPECIAL ENDORSEMENT SUBMIT IN DUPLICATE FOR THE CITY OF OXNARD (the “City”)
ENDORSEMENT NO. ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE ϒ Included in Limits
ϒ In Addition to Limits

Telephone: ϒ Deductible ϒ Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. ϒ Per Occurrence ϒ Per Claim (which) NAMED INSURED

APPLICABILITY This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here ϒ in which case only the following specific agreements and permits with the City are covered:

CITY AGREEMENTS/PERMITS TYPE OF INSURANCE

GENERAL LIABILITY
ϒ COMMERCIAL GENERAL LIABILITY
ϒ COMPREHENSIVE GENERAL LIABILITY
ϒ OWNERS & CONTRACTORS PROTECTIVE

ϒ Claims Made
Retroactive Date
ϒ Occurrence

OTHER PROVISIONS

COVERAGES
LIABILITY LIMITS IN THOUSANDS $
EACH

OCCURRENCE

AGGREGATE
ϒ GENERAL
ϒ PRODUCTS/COMPLETED OPERATIONS
ϒ PERSONAL & ADVERTISING INJURY
ϒ FIRE DAMAGE
ϒ
ϒ
Underwriter=s representative for claims pursuant to this insurance.

CLAIMS:

Name:

Address:

Telephone: ( )
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:

1. INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event , any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.

4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.

5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or b. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.

Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.

ENDORSEMENT HOLDER

CITY OF OXNARD
Attn: Insurance Compliance
Reference No._ _
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007

AUTHORIZED REPRESENTATIVE
ϒ Broker/Agent ϒ Underwriter ϒ
I (print/type name), warrant that I have
authority to bind the above- mentioned insurance company and by my signature hereon do so bind this company to this endorsement.

Signature
(original signature required)
Telephone: ( ) Date Signed
Rev. 11/21 INS-C.doc
136
Exhibit INS-C

Page 5 ends

Page 26 of 26 ends

AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT SUBMIT IN DUPLICATE FOR THE CITY OF OXNARD (the “City”)
ENDORSEMENT NO. ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE ϒ Included in Limits
ϒ In Addition to Limits

Telephone: ϒ Deductible ϒ Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. ϒ Per Occurrence ϒ Per Claim (which) NAMED INSURED

APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here ϒ in which case only the following specific agreements and permits with the City are covered:

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE OTHER PROVISIONS
ϒ COMMERCIAL AUTO POLICY
ϒ BUSINESS AUTO POLICY
ϒ OTHER
LIMIT OF LIABILITY CLAIMS: Underwriter’s representative for claims pursuant to this insurance.

Name:

Address:

Telephone: ( )

$ per accident, for bodily injury and property damage.

In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsemen t is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:

1. INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of sui ts arising from the operations, pro ducts and activities performed by or on behalf of the named insured.

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled und erlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); or b. If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).

Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or ex clusions of the policy to which this endorsement is attached.

ENDORSEMENT HOLDER

CITY OF OXNARD
Attn: Insurance Compliance
Reference No._ _
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007

AUTHORIZED REPRESENTATIVE
ϒ Broker/Agent ϒ Underwriter ϒ

I (print/type name), warrant that I have authority to
bind the above -mentioned insurance company and by my signature hereon do so bind this company to this endorsement.

Signature
(original signature required)

Telephone: ( ) Date Signed
Rev. 11/21 INS-C.doc
137

CITY COUNCIL AGENDA REPORT

PUBLIC HEARINGS
AGENDA ITEM NO. J.1

DATE: January 4, 2022

TO: City Council

FROM: Vyto Adomaitis, Community Development Director, (805) 385-7882, [email protected]

SUBJECT: DMV Oxnard Field Office Drainage Easement Vacation; Planning and Zoning (PZ) Permit No. 21-660- 02 (Easement Vacation)- A Resolution to vacate two forty (40) foot wide drainage easements, totaling approximately 24,600 square feet, located at 4050 South Saviers Road. (0/0/05)

RECOMMENDATION

That the City Council conduct a public hearing and:

1. Find the project exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3); and

3. Authorize the Mayor to sign the Quitclaim Deed releasing City authority and/or rights to the access drainage easement State of California for parcels 219-0-110-355 and 219-0-110-405.(This item did not originate in Committee) Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/fcOmiIe34gk

BACKGROUND

The property, located at 4050 South Saviers Road, consists of two parcels which are currently developed with a 12,153 square foot DMV office, and associated parking area, and landscaping as shown in Attachment 1. The two easements, as shown in Attachment 2 and 3, were initially granted to the Oxnard Drainage District No. 3 on July 24, 1940, for the purpose of drainage tile line, pipe, conduit and other works necessary to facilitate drainage. On October 23, 1984, the County of Ventura and the City of Oxnard approved a Resolution ordering the dissolution of Oxnard Drainage District No. 3 (Attachment 4). Pursuant to the Resolution, the City of Oxnard was designated the successor agency, which transferred the easements and all the rights incidental thereto to the City of Oxnard.

On April 15, 2021, the Planning Commission reviewed the request to vacate the two forty (40) foot wide drainage easements, totaling approximately 24,600 square feet, located at 4050 South Saviers Road for General Plan conformance as required by California Government Code Section 65402(a). The Planning Commission unanimously determined the proposed vacation would be consistent with the goals, policies and objectives of the City’s adopted 2030 General Plan and adopted Planning Commission Resolution 2021-07, which has been included as Attachment 5.

On December 7, 2021, the City Council adopted Resolution 15,516 (Attachment 6), declaring its intention to conduct the required proceedings for vacation of the subject public right-of-way and directed the City Clerk to schedule a noticed public hearing no less than fifteen days after the Council’s initiation of the vacation proceedings, to be held on January 4, 2022. 138
The adoption of Resolution 15,516 by the City Council is in accordance with the Streets and Highways Code Section 8320, which requires the City Council to review the street vacation request and adopt a Resolution of intention to vacate the right- of-way. The City Council is then required to direct the City Clerk to schedule a public hearing not less than 15 days after the initiation of proceedings in accordance with Streets and Highways Code Section 8320(b)(2).

ANALYSIS AND DISCUSSION
The process for a right-of-way vacation is outlined in Streets and Highways Code Section 8320. Pursuant to Streets and Highways Code Section 8320, a right-of-way vacation request involves a two-step process. The first step, which occurred on December 7, 2021, requires the City Council to review the right-of-way vacation request and adopt a resolution of intention to vacate the right-of-way. The second step involves a noticed public hearing and the adoption of a resolution to vacate the property by the City Council. In accordance with Streets and Highways Code Section 8320(b)(2), the date of the public hearing shall not be less than 15 days after the initiation of proceedings, which means that the earliest the City Council could have scheduled a public hearing to consider the right-of-way vacation at a regular City Council meeting was for January 4, 2022.

The easement vacation map is included as Attachment 7, Exhibit A. Vacating the two forty (40) foot wide drainage easements, totaling approximately 24,600 square feet, located at 4050 South Saviers Road will not alter public safety, convenience, and public welfare. As this area has been developed over the intervening years, modern drainage systems have been installed within the Public Right-of-Way, and as a result, these drainage easements are no longer needed to provide adequate drainage as required pursuant to the 2030 General Plan policies, such as ICS-13.2 which requires the provision of adequate storm drain facilities. Lastly, the proposal for the vacation of these easements was reviewed by the Public Works staff and the easements were found to no longer be needed. Attachment 8 is the quitclaim that requires the Mayor’s signature to vacate the drainage easements.

The proposed vacation should be reviewed in the interest of safety, convenience, and public welfare, and not for the sole benefit of the property owner. Additionally, all property vacations are to be reviewed in conformance with the General Plan. As previously mentioned, the easement vacation was reviewed by the Planning Commission who determined the appropriateness of the easement vacation on April 15, 2021.

ENVIRONMENTAL REVIEW
Pursuant to California Environmental Quality Act (Public Resources Code Sections 21000 et seq., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations Sections 15000 et seq., the “CEQA Guidelines”), it can be seen with certainty that there is no possibility that the proposed vacation of the two forty (40) foot wide drainage easements, totaling approximately 24,600 square feet, located at 4050 South Saviers Road would have a significant effect on the environment (CEQA Guidelines Section 15061(b)(3), and staff recommends that the City Council accept a Notice of Exemption as part of the noticed public hearing and the adoption of a resolution to vacate the property by the City Council. Any subsequent improvement to the property will be separately examined in accordance with CEQA.

STRATEGIC PRIORITIES

This agenda item is a routine operational item and does not relate to the five strategic priorities adopted by the City Council on March 16, 2021.

FINANCIAL IMPACT

There is no fiscal impact associated with the vacation of these easements.

COMMITTEE OUTCOME

This item did not originate in Committee as this item was originated at the request of the State of California-General Services Department, and as the DMV Oxnard Field Office Easement Vacation General Plan Conformity Determination was reviewed by and a recommendation was forwarded by the Planning Commission on April 15, 2021. On December 7, 139
2021, the City Council adopted Resolution No. 15,516 declaring its intention to vacate two forty (40) foot wide drainage easements, totaling approximately 24,600 square feet, crossing the two parcels located at 4050 South Saviers Road.

Prepared by: Joe Pearson II, Senior Planner

ATTACHMENTS

1. Attachment 1 - Maps

2. Attachment 2 - Drainage Easement Grant Deed

3. Attachment 3 - Access and Utility Map

4. Attachment 4 - County of Ventura Resolution Ordering the Dissolution of Drainage District No. 3

5. Attachment 5 - Planning Commission Resolution 2021-07

6. Attachment 6 Resolution No. 15,516

7. Attachment 7 - City Council Resolution.docx

8. Attachment 7 Exhibit A- Map of Drainage Easements

9. Attachment 8 - Draft Quitclaim Deed..docx

10. Attachment 9 - 1.4.22 CC- DMV Oxnard Field Office Drainage Easement Vacation.pptx 140
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CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO. _____
A RESOLUTIONOF THECITYCOUNCILOF THECITYOF OXNARDAPPROVINGTHEVACATIONOFTWOFORTY(40)FOOTWIDEDRAINAGEEASEMENTS,TOTALINGAPPROXIMATELY 24,600 SQUAREFEET,LOCATED AT 4050 SOUTHSAVIERSROAD(APN219-0-110-355and219-0-110-405); ANDAUTHORIZINGTHEMAYORTOSIGNTHEQUITCLAIMDEEDASSOCIATEDWITHTHESUBJECTPARCELS.FILEDBYALFREDOPALOMAR,ONBEHALFOF THESTATE OF CALIFORNIA.,707THIRDSTREET, WESTSACRAMENTO,CA95605,ONBEHALFOFTHEPROPERTYOWNERWHICHIS THESTATE OF CALIFORNIA-GENERALSERVICESDEPARTMENT.

WHEREAS,The Stateof CaliforniaGeneralServicesDepartment(“Applicant”)submitteda requestforthevacationoftwodrainageeasementslocatedat4050SouthSaviersRoad(the“Property”),asshowninExhibitAofthisresolution,andincorporatedbyreference;and WHEREAS,The2030GeneralPlaninacomprehensive,longtermplanthatguideslanduseandphysicaldevelopmentoflandwithintheCityofOxnardandprovidespolicydirectionregarding land uses that are intended to serve the community; and WHEREAS,Wheneverapublicagencyproposestoacquire,dispose,vacateorabandonanyrealproperty, CaliforniaGovernmentCodeSection65402requiresareportonconformitywith the General Plan; and WHEREAS,ThesubjectpropertyisdesignatedCommercialGeneral(CG)bytheCity’s2030 General Plan and is zoned General Commercial / Planned Development (C-2-PD); and WHEREAS,Theproposedvacationoftwodrainageeasementslocatedat4050SouthSaviersRoad,asdocumentedinthePlanningCommission’s staff reportdatedApril15,2021,wouldconformtotheCity’s 2030GeneralPlanlandusedesignationbecauseit isanexistingofficespace/parkinglotthatwillcontinuetobeusedassuch.Theapplicantisnotproposingtomake any modifications to the site; and WHEREAS,Theproposedvacationoftwodrainageeasementslocatedat4050SouthSaviersRoad,andtheultimateuseoftheparcelforofficeuseisconsistentwiththelandusedesignationonthesubjectsite.FutureuseoftheparcelwillberequiredtocomplywithallCitycodes and regulations; and WHEREAS,thePlanningCommissionoftheOxnardreviewedthevacationrequestatitsregularmeetingofApril15,2021in accordancewithGovernmentCodesection65402anddeterminedthatthevacationis consistentwiththegoalsandpoliciesoftheCity’s adopted 159
Resolution No.XXXJanuary 4, 2022Page2of3
GeneralPlanandrecommendedthattheCityCouncilconsiderandapprovetheeasementvacation request; and WHEREAS,onDecember7,2021,theCityCounciloftheCityofOxnardreviewedtheright-of-wayvacationrequestinaccordancewiththegeneralvacationprocedurescontainedintheStreetsandHighwaysCodeSection8320andadoptedResolutionXXXto declareitsintentiontovacatethesubjectright-of-way.TheCityCouncilsettherequestforapublichearingonTuesday, January4,2022at6:00p.m.attheattheCityCouncilChambersoftheCityofOxnard located at 305 West Third Street in Oxnard, California.; and WHEREAS,onJanuary4, 2022,theCityCounciloftheCityofOxnardconductedapublichearingfortherequestedvacationofthetwodrainageeasementslocatedat4050SouthSaviersRoad,whichwasdulynoticed,andatwhichtimeallpersonsdesiringtobeheardwereheard; and WHEREAS,evidencewassubmittedandconsideredtoincludewithoutlimitation:planssubmittedbytheApplicant;writteninformationsubmittedwiththeapplication;oraltestimonyfromStaff, theapplicant,andthepublic;staff report,datedJanuary4, 2022,whichwasincorporatedby thisreferenceas thoughfullysetforthherein;andadditionalinformationsubmitted during the hearing; and NOW, THEREFORE,BEITRESOLVEDBYTHECITYCOUNCILOFTHECITYOFOXNARD:

SECTION1. TheCityCouncil,pursuanttoCaliforniaEnvironmentalQualityAct(PublicResourcesCodeSections21000etseq.,“CEQA”)andtheregulationspromulgatedthereunder(14CaliforniaCodeofRegulationsSections15000etseq.,the“CEQAGuidelines”),findsthatitcanbeseenwithcertaintythatthereisnopossibilitythattheproposedvacationofthetwoforty(40)footwidedrainageeasements,totalingapproximately24,600squarefeet,locatedat4050SouthSaviersRoadwouldhavea significanteffectontheenvironment(CEQAGuidelinesSection 15061(b)(3).SECTION2. ThattheCityCounciloftheCityofOxnarddoesherebyvacatethetwoforty(40)footwidedrainageeasements,totalingapproximately24,600squarefeet,locatedat4050 South Saviers Road.SECTION3. Themapattachedheretoas Exhibit“A”showstheeasementsto bevacatedandshallbeonfileintheofficeoftheCityClerklocatedat300WestThirdStreet,Fourth Floor, Oxnard, California 93030.SECTION4. TheMayorisherebyauthorizedtosignthequitclaimdeedassociatedwiththisrequestandanyadditionaldocumentationnecessaryto facilitatethevacationof theeasements referenced in this Resolution. 160
Resolution No.XXXJanuary 4, 2022Page3of3
SECTION 5. The City Clerk shall certify the adoptionof this Resolution.

PASSED,APPROVED,ANDADOPTEDbytheCityCounciloftheCityofOxnardonthis4thday of January, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSE:

John Zaragoza, Mayor
ATTEST: ________________________________Rose Chaparro, City Clerk APPROVED AS TO FORM:
___________________________________Stephen M. Fischer, City Attorney

EXHIBIT
A Map of Drainage Easements
161

’

JULY 10, 2018
162
RECORDING REQUESTED BY:

CALIFORNIA

DEPARTMENT OF

GENERAL

SERVICES
WHEN RECORDED MAIL TO:

STATE OF CALIFORNIADEPARTMENT OF GENERAL SERVICESREAL ESTATE SERVICES DIVISIONATTN: RPSS TRANSACTION REVIEW707 THIRD STREET, 5 TH
FLOORWEST SACRAMENTO, CA 95605
OFFICIAL STATE BUSINESS– EXEMPT FROM RECORDING FEESPURSUANT TO GOVERNMENT CODE SECTION 6103 AND DOCUMENTARYTRANSFER TAX PURSUANT TO REVENUE AND TAXATION CODE SECTION 11922

SPACE ABOVE THIS LINE FOR RECORDER'S USE

QUITCLAIM DEED
AGENCY
:PROJECT
:FILE
:PROJECT
NO
.:

Department of Motor VehiclesOxnard Field OfficeAS18011DGS000000000002765APN: A portion of 219-0-110-355 and 219-0-110-405, County of Ventura The CITY OF OXNARD, a California municipal corporation, does hereby REMISE, RELEASEAND QUITCLAIM to theSTATE OF CALIFORNIA, its successorsand assigns, any and all of itsright, title, interest, and claim in and to that portion of the real property situated in the State ofCalifornia, County of Ventura, as described in the Indenture, recorded on July 24, 1940 in Book576 Page 480 of the County of Ventura Official Records attached asExhibit “A”, consisting oftwo (2) pages, by this reference made a part hereof, and depicted on the attachedExhibit “B”,consisting of one (1) page.

DATE
:_________________________________

CITY OF OXNARDA CALIFORNIA

MUNICIPAL

CORPORATION
BY: ___________________________________________JOHN

ZARAGOZA
, MAYOR

APPROVED AS TO FORM ATTEST
BY: ___________________________________________STEPHEN
M. FISCHER
, CITY

ATTORNEY
BY: ___________________________________________ROSE

CHAPARRO
, CITY
CLERK
163
164
EXHIBIT “A”LEGAL DESCRIPTIONPAGE 1 OF 2
165
EXHIBIT “A”LEGAL DESCRIPTIONPAGE 2 OF 2

END OF DESCRIPTION
166
EXHIBIT “B’MAP OF EASEMENT AREAPAGE 1 OF 1
Drainage Easement Areas
END OF EXHIBIT “B”
167
168
DMV Oxnard Field Office Drainage Easement
Vacation for
4050 South Saviers Road
Applicant: Alfredo Palomar on behalf of the State of California-General Services Department, Property Owner.

Joe Pearson II, Senior Planner
Scott Kolwitz, Planning Manager
Jeff Pengilley, P.E., Assistant Director
Vyto Adomaitis, Community Development Director
City Council
January 4, 2022
169

PROJECT LOCATION
2 Subject Site: 4050 South Saviers Road
Existing DMV Office
2 170

PROJECT DESCRIPTION
• Proposed vacation of two forty
(40) foot wide drainage
easements, totaling
approximately 24,600 square
feet, crossing the two parcels
3 171

GENERAL PLAN & ZONING MAPS
Commercial General (CG)
General Plan Land Use Designation Zoning Designation
General Commercial-Planned Development
(C-2-PD)
4 4
4 172

BACKGROUND
5 • The two parcels are currently developed with a 12,153 square-foot DMV office and associated parking area.
• The two easements were initially granted to the Oxnard Drainage District No. 3 on July 24, 1940, for the purpose of drainage tile line, pipe, conduit and other works necessary to facilitate drainage.
• On October 23, 1984, the County of Ventura and the City of Oxnard approved a Resolution ordering the dissolution of Oxnard Drainage District No. 3
• City of Oxnard was designated the successor agency, which transferred the easements and all the rights incidental thereto to the City of Oxnard. 5 5
173
Planning Commission 65402 Determination
Government Code Section 65402, requires that real property acquisition or disposition, street vacation or abandonment, public building or structure construction be consistent with the General Plan and Local Coastal Land Use Plan as to location, purpose and extent.

The Planning Commission review and verification is documented through a resolution finding the Vacation of the Easements is in conformity with the 2030 General Plan.
6 174
Planning Commission
➢ On April 15, 2021, The Planning Commission held a public hearing consistent with Government Code Section 65402 and found the easement vacation consistent with:
● 2030 General Plan
➢ Unanimously (6-0) adopted Resolution 2021-07:
● Finding the easement vacation in conformance with the 2030 General Plan; and
● Recommending that the City Council order the easement vacation. 7 175
City Council
➢ On December 7, 2021, The City Council unanimously adopted Resolution 15,516
● Declaring its intention to conduct the required proceedings for vacation of the subject easements.
● Directed the City Clerk to schedule a noticed public hearing no less than fifteen days after the Council’s initiation of the vacation proceedings, to be held on January 4, 2022
➢ The adoption of City Council 15-484 by the City Council is in accordance with the Streets and Highways Code Section 8320:
● Requires the City Council to review the street vacation request and adopt a resolution of intention to vacate the right-of-way
● The City Council is required to direct the City Clerk to schedule a public hearing not less than 15 days after the initiation of proceedings 8 176
Environmental Determination
Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), it can be seen with certainty that there is no possibility that the proposed vacation of the drainage easements would have a significant effect on the environment.
9 177
Staff Recommendation
That the City Council:

1. Find the project Exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3).

2. Adopt Resolution 21-XXX to vacate its right, title and interest in the two forty (40) foot wide drainage easements, totaling approximately 24,600 square feet, crossing the two parcels located at 4050 South Saviers Road.

CITY COUNCIL AGENDA REPORT

PUBLIC HEARINGS
AGENDA ITEM NO. J.2

DATE: January 4, 2022

TO: City Council

FROM: Vyto Adomaitis, Community Development Director, (805) 385-7882, [email protected]

SUBJECT: Encanto Homes Subdivision: Request For Approval of Planning and Zoning Permit (PZ) No. 20-300-04 Tentative Tract Map No. 6054 as modified by PZ No. 21-550-03 (Major Modification), for a proposed 27 home subdivision on 4.1 acre (gross) site located at 1101 and 1111 West Second Street (APN: 202-0- 233-355) and 1101 West First Street (APN: 202-0-233-345). Filed by Henry Casillas, on behalf of the Oxnard Union High School District, property owner, 451 West Fifth Street, Oxnard, California 93030. (0/10/10)

RECOMMENDATION

That the City Council:

1. Conduct a public hearing

2. Find the Project to be Exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15332 (In- fill Development Projects) of the CEQA Guidelines;

BACKGROUND

The project includes the subdivision of a 4.10-acre site into 27 lots ranging between 3,891 and 10,584 net square feet in size and dedication of approximately 1-acre of land for the benefit of public right-of-way roadway improvements along all four sides of the proposed development. The project allows for the construction of 27 detached single-family dwelling units. The single-story, three-bedroom homes will offer a two-plan mix with two unit sizes (1,149 or 1,201 square feet) and attached or detached 484 square-foot two-car garages with alley access and associated site improvements.

The Project also includes the ministerial approval of a Density Bonus Permit to allow for a 23 percent Density Bonus to increase the maximum number of units from 22-units to 27-units. Of the 27 homes, twenty (20) of the homes will be market rate, seven (7) of the homes will be affordable units as follows: three (3) units will be set aside for low income households (annual incomes at or below 80% Area Median Income (AMI) for Ventura County) and four (4) units will be set aside for moderate income households (annual incomes of up to or below 120% AMI). For more information, please refer to Section 6c of the Planning Commission Staff dated December 2, 2021. Approval of the following Density Bonus concessions/incentives were requested pursuant to Government Code Section 65915(d) (State’s Density Bonus law):
(1) reduce the minimum lot area from 6,000 square feet to lots averaging 5,332.6 square feet; (2) reduce the minimum lot dimensions: frontage and width from 50-feet to 32-feet or greater with two flag lots 180
having frontages of 14 and 20 feet and depth from 100 feet to 71 feet; and (3) reduce the rear yard setback from 25-feet to 5-feet primarily to allow the garages in the rear yard.

On August 26, 2021, the Planning Commission voted 6-0 (one member was absent) to support and approve the three entitlements necessary to allow a 27 home subdivision.

After the Planning Commission’s initial approval and support of the project, the applicant filed a Major Modification to the Tentative Tract Map to modify the configuration of five (5) of the 27 lots due to an underlying agreement between the Oxnard Union High School District and the property owners of 1101 West Second Street that was disclosed to the developer and City after the Planning Commission took action on August 26, 2021. The change to the proposed tentative subdivision map carved out a 126 square foot (net area) triangular shaped area of Lot 27 that will be deeded to the adjacent property owner.

On December 2, 2021, the Planning Commission held a public hearing to reconsider project site modifications and re- entitlement of application approvals for actions taken by the Planning Commission at its August 26, 2021 meeting. On December 2, 2021, the Planning Commission voted 6-0 (one member recused) to reapprove the project and recommend that the City Council approve Planning and Zoning Permit No. 20-300-04 (Tentative Tract Map for Tract No.6054), subject to certain findings and conditions (Attachments 1 through 4).

With the Planning Commission’s approval of the project on December 2, 2021, the only aspect before the City Council is the Tentative Tract Map for Tract No. 6054.

ANALYSIS AND DISCUSSION
Existing & Surrounding Land Uses
The project site is a developed through lot that is bounded by streets on four sides: West First Street to the north; South K Street to the west; West Second Street to the south; and a public alley to the east. The site served as the former Oxnard Adult School education program. For more information, please refer to Section 3 of the Planning Commission Staff Report dated December 2, 2021 (Attachment 3).

Tentative Tract Map No. 6054
In accordance with Division 2 of Chapter 15 “Subdivision Ordinance” of the OCC, the City Council is the final decision-making body for subdivision applications. The Tentative Tract Map will dedicate approximately 1-acre of land for the benefit of public right-of-way for roadway improvements along all four sides of the proposed development. The Tentative Tract Map will create 27 lots, allowing the homes to be sold and built with independent utilities and service needs. As proposed, the 27 lot subdivision compiles with the minimum standards of the R-1 zone, except as modified by the Density Bonus request. The Planning Commission Resolution No. 2021-46 includes Conditions of Approval (COA). For a complete list of conditions, please refer to Planning Commission Resolution No. 2021-46 (Attachment 4). Some of the conditions will require that the Tract Map be updated prior to being submitted for technical review, such as:
COA 20 will require the Tract Map to show and describe a “No Build” zone affecting the proposed lots 12 and 13 because of the landing patterns for the Oxnard Airport. COA 52 & 55 requires the Tract Map to show public dedications and all easements that are no longer necessary for their intended use to be vacated and accepted by City Council. COA 53 & 56 requires that the map shows an easement overlay for the private alley and owners association for shared use and maintenance of onsite sewer main and storm drain systems.

ENVIRONMENTAL REVIEW
In accordance with Section 15332 (Class 32, In-Fill Development Projects) of the State of California Environmental Quality Act (CEQA) Guidelines, projects involving “in-fill development” may be found to be exempt from the requirements of the CEQA. As identified in the draft Resolution prepared for this request, and as recommended by the Planning Commission, the project can be characterized as in-fill development and meets the requirement of a Class 32 181
Categorical Exemption. The Planning Commission found there is no substantial evidence that the Project may have a significant effect on the environment and recommends that the City Council direct the Planning & Environmental Services Manager to file a Notice of Exemption (Attachment 5) with the Ventura County Clerk pursuant to Section 15062 of the State CEQA Guidelines within five (5) working days of passage, approval and adoption of the Project.

STRATEGIC PRIORITIES

This agenda item supports the Quality of Life strategy. The purpose of the Quality of Life strategy is to restore and increase quality services and programs that enrich Oxnard's diverse community, promote safe neighborhoods, encourage community engagement, and support our residents in their efforts to improve their quality of life.

FINANCIAL IMPACT

The approval of the map provides the opportunity for future development that will result in increased property tax revenue for the City. The Project will be required to pay impact fees for wastewater, water system, water service and meters, storm drain, traffic (City and County), growth capital, Quimby (park), public art, and General Plan maintenance connection and/or impact fees. When completed, the 27 single family homes will generate property taxes to the City.

There is no future financial cost to the City due to the alleyway because it would be a private alley with public access.

COMMITTEE OUTCOME

This project did not originate in one of the City Council Committees and this is a public hearing for a project application that was considered by the Planning Commission. On August 26, 2021, the Planning Commission took action and adopted Resolution No. 2021-23 recommending that the City Council approve Planning and Zoning Permit No. 20-300- 04 (Tentative Tract Map for Tract No.6054), subject to certain findings and conditions. On December 2, 2021, the Planning Commission adopted Resolution No. 2021-47 repealing Resolution No. 2021-23 recommending that the City Council approve Planning and Zoning Permit No. 20-300-04 (Tentative Tract Map No.6054), subject to certain findings and conditions.

Prepared by: Juan Martinez, Associate Planner, Scott Kolwitz, Planning Manager

ATTACHMENTS

1. 01 Attachment 1_Maps_Vicintiy & Aerial

2. 02 Attachment 2_Tentative Tract Map No. 6054

3. 03 Attachment 3_PC Staff Report_12.02.2021_w.out NOE,Resos, & Pres

4. 04 Attachment 4_PC TTM-T6054_Reso# 2021-47_20-300-04_MJMD

5. 05 Attachment 5_NOE Form

6. 06 Attachment 6_CC Reso TTM No. 5064

7. 07 Attachment 7_CC Pres_01.04.22_20-300-04_TSM-T6054_Encanto Subdivision (2) 182
PZ 20-500-05
PZ 20-300-04
PZ 20-535-03

FIFTH ST
H
ST
C
ST

VENTURARD
OXNARD
BLVD
RICE
AVE

HUENEME RD
JST

GONZALES RD

VINEYARD
AVE

WOOLEY RD

BARD RD
101 FRWY

SAVIERS RD

DORIS AVE

CENTRALAVE

ROSEAVE

CASPER RD

THIRD ST
23RD AVE

CAMINO DEL SOL
D ST

BRISTOL RD
ARNO
LD
RD

NINTH ST

OLIVAS PARK DR
W
EST
RD
NAUM
AN
RD

TEAL CLUB RD

PERIMETERRD
HARBOR
BLVD

MARKET ST
G
ST
OCEAN
DR

B STTRACK
13 RD
OLDS
RD
32ND AVE

YUCCA ST
DEL
NO
RTE
BLVD

PATTERSO
N
RD

CHANNEL ISLANDS BLVD

VICTORIA
AVE
ELM ST

PERKINS
RD

ETTING RD
F ST

PACIFIC AVE
5TH
PL
PALM
A
DR
6TH
ST

SANTACLARAAVE
N
ST

CLARA ST

WALKER ST

WALNUTDR

BALBOAST

DUNKIRK DR

SIMON WAY

ORANGEDR

STROUBE ST
5TH ST

EMERSON AVE
JO
LIET
PL
ALLEY
EBO
NY
DR

HILL ST
SAN
JUAN
AVE

LANTANA
ST

PATRICIA

ST VENTURA BLVD

EASTMAN AVE
TRACK
14 RD

REDWOOD ST GISLER
AVE

FIR AVE
M
ST

PENINSULA
RD
OFFSHO
RE
ST
VICTO
RIA
AV
11TH AVE
HARBOR

SERVICE
BLVD
DONLON
ST

APPLELN
LEI DR

STATHAM BLVD

OLIVE ST

LATIGO AVE

ARCTURUS AVE
K ST

BUTLER RD

ALBIONDR

SURFSIDE DR

SWAN ST

GARY DR

STURGIS RD

MOUNTAIN VIEW AVE

SAN MATEO PL

LAMBERT ST

SIKORSKY ST
ASH ST
DOCK 1

JOANWAY
BEAUM
O
NT
AVE

ERICA PL
PAVIN
DR

NELSON PL
OXFO
RD
DR

VENICERD

WESTAR DR

MANDALAY
BEACH
RD
VIEW
PO
INT
DR

CAMINO AVE

BAYVIEW
DR
ELBA
ST

SCOTT ST
ALLEY
ALLEY

GONZALES RD

PATTERSON
RD
HARBOR
BLVD
RICE
AVE
F
ST

OCEANDR
101 FRWY

CHANNEL ISLANDS BLVD
VICTO
RIA
AVE
B ST
C ST
ALLEY

ETTING RD
Vicinity Map
0 0.5 1 1.5 2
Miles
North
Pacific Ocean
N
November 5, 2020
Oxnard Planning
1:70,000
Santa Clara River
PZ 20-500-05, 20-300-04, 20-535-03
Location: 1101, 1111 W Second St.

APN: 2020233355
Encanto
Vicinity Map
183
S
K
ST

W SECOND ST

W FIRST ST

BOTTLEBRUSH PL
N
K
ST
Aerial Map
Aerial Map
November 5, 2020
Oxnard Planning
0 75 150 225 30037.5
Feet
PZ 20-500-05, 20-300-04, 20-535-03
Location: 1101, 1111 W Second St.

APN: 2020233355
Encanto
184
N 0°01'50" E32.69'37.00' 37.00'

39.03'35.00'
N 14°06'56" E (R)

SECOND STREET (PUBLIC)CL FIRST STREET (PUBLIC)CLRIGHT-OF-WAY DEDICATION FOR PUBLIC USE

30.00'

40.00'

10.00'

30.00'

K STREET (PUBLIC)CL

10.00'

10.00'
459.66'45.83' N 89°57'46" W 610.26'94.77'
N 89°58'10" W 545.39'
N 0°01'28" E 194.94'
N 89°57'46" W 350.12'
N 0°00'12" W 270.07'

54.99' M555.42'610.41'N 89°58'10" W 1,140.49'
310.14'
N 0°00'12" W 310.07'CL

64.84'N 0°01'28" E 374.98'

40.00'

50.70'

58.30'55.58'

58.39' 40.02'

30.32'20.95'

39.93'
SEARCHED FOR 1-1/2"IP TAGGED RCE 10276PER R1, NOTHINGFOUND, ESTABLISHEDFROM TIES PER R6.

SEARCHED,NOTHING FOUND
C1
C2
Δ=175°45'36"L=153.38'R=50.00'
N 0°01'50" E 120.00'
N 0°01'50" E 120.00'

37.00'
N 0°01'50" E 120.00'

37.00'
N 0°01'50" E 120.00'37.00'
N 0°01'50" E 120.00'

37.00'
N 0°01'50" E 120.00'

37.00'
N 0°01'50" E 120.00'37.00'
N 0°01'50" E 120.00'

37.00'
N 0°01'50" E 120.00'

37.00'
C3C4C5
C6C7C8 C9
N 0°01'50" E 120.04'
N 0°01'50" E 120.10'
N 0°01'50" E 120.10'
N 0°01'50" E 120.11'
N 0°01'50" E 120.11'
N 0°01'50" E 120.11'
N 0°01'50" E 120.12'
N 89°58'10" W 130.01'
N 89°58'10" W 130.01'
N 89°58'10" W 130.00'N 47°00'30" E 122.30'
116.82'

33.33'

35.31'37.00'

37.00'37.00'

37.00'

67.18'58.90'37.00'37.00'37.00'37.00'50.00'

44.86'60.05'45.15'120.00'

35.00'

25.84'35.00'35.00'99.10'

37.07'37.00'37.00'37.00'37.00'

37.00'37.00'37.00'37.00'37.00'

37.00'138.32'

ALLEY (PUBLIC)

RIGHT-OF-WAY DEDICATION FOR PUBLIC USE

10.00'
N 0°02'14" E20.00'
(RADIAL)

30.00'
N 89°58'10" W
FND CHISELED X ON TOP OFCURB PER R6
FND CHISELEDX ON TOP OFCURB PER R6FND CHISELED XON TOP OF CURBPER R6 FND LEADAND TACKON TOP OFCURB PERR5 FND LTT STAMPED"CITY OF OXNARD"ON TOP OF CURBPER R5 FND LTT STAMPED"CITY OF OXNARD"ON TOP OF CURBPER R5FND 3" ALUMINUM DISKSTAMPED "K-SECOND 2000"ON TOP OF CURB PER CITYOF OXNARD FIELDBOOKLL-52, PAGE 73 AND R5 SEARCHED FOR 1-1/2" IPTAGGED RCE 10276 PERR1, NOTHING FOUND.ESTABLISHED BYINTERSECTION OF THEEASTERLY PROLONGATIONOF THE CENTERLINE OFFIRST STREET AS SHOWNON R1 WITH THEWESTERLY TRACTBOUNDARY OF R2ESTABLISHED HEREONFND 1-1/2" IPWITH TAGSTAMPED "RCE10276" PER84MR62 N 3°55'08" E(R)

30.00'

RIGHT-OF-WAY DEDICATION FOR PUBLIC USE
SEARCHED FORBIG NAIL PERR5, NOTHINGFOUND;ESTABLISHEDFROM TIES PERR5 SEARCHED FOR CONC NAILPER R1 AND 2" IRON PIPEPER R2, NOTHING FOUND;ESTABLISHED AT RECORDDISTANCE FROMINTERSECTION OF K STREETAND SECOND STREET PERR1, R2, R3, AND R7 SEE DETAIL "A" BELOWN 66°27'33"E (R)

40.00'

40.00'
LOT 129,937 SQ FT GROSS9,604 SQ FT NET
LOT 1310,795 SQ FT GROSS10,584 SQ FT NET
LOT 144,550 SQ FT GROSS4,200 SQ FT NET
LOT 154,550 SQ FT GROSS4,200 SQ FT NET
LOT 164,988 SQ FT GROSS4,597 SQ FT NET
LOT 235,723 SQ FT GROSS5,134 SQ FT NETLOT 244,563 SQ FT GROSS3,891 SQ FT NETLOT 255,930 SQ FT GROSS5,082 SQ FT NET LOT 264,077 SQ FT
LOT 274,126 SQ FT
LOT 224,443 SQ FT GROSS4,073 SQ FT NET
LOT 214,444 SQ FT GROSS4,074 SQ FT NET
LOT 204,444 SQ FT GROSS4,074 SQ FT NET
LOT 194,444 SQ FT GROSS4,074 SQ FT NET
LOT 184,444 SQ FT GROSS4,074 SQ FT NET
LOT 176,006 SQ FT GROSS4,319 SQ FT NETLOT 114,440 SQ FT GROSS4,070 SQ FT NETLOT 104,440 SQ FT GROSS4,070 SQ FT NETLOT 94,440 SQ FT GROSS4,070 SQ FT NETLOT 84,440 SQ FT GROSS4,070 SQ FT NETLOT 74,440 SQ FT GROSS4,070 SQ FT NETLOT 64,440 SQ FT GROSS4,070 SQ FT NETLOT 54,440 SQ FT GROSS4,070 SQ FT NETLOT 44,440 SQ FT GROSS4,070 SQ FT NETLOT 34,440 SQ FT GROSS4,070 SQ FT NETLOT 24,440 SQ FT GROSS4,070 SQ FT NETLOT 14,444 SQ FT GROSS4,019 SQ FT NET N 39°07'14" W66.28'N 46°19'45" W (R)

79.25'
N 0°01'50" E60.34'N 89°58'10" W26.79'
N 53°10'33" W71.57'
N 89°58'10" W75.18'
N 23°02'22" W
L1
L2L3
L4
L5L6L7L8440.41'L9
L10L11N 62°31'32" W (R)
N 0°00'12" W52.00'
N 89°57'46" W20.00'50.00'
N 0°01'50" E (R)
N 62°13'09" E(R) PRC(R)
LINEL1L2L3L4L5L6L7L8L9L10L11
DIRECTIONN 89°57'46" WN 45°01'51" EN 00°01'50" EN 00°01'50" EN 00°01'50" EN 89°58'10" WN 00°01'50" EN 00°01'50" EN 16°47'17" WN 69°36'06" WN 84°59'13" W LENGTH10.00'18.67'47.00'7.00'11.06'15.58'18.50'29.60'22.20'21.74'21.16' CURVEC1C2C3C4C5C6C7C8C9
DELTA89°59'38"62°10'55"3°52'54"58°18'01"48°06'13"37°09'19"23°17'23"16°11'47"51°00'55" RADIUS25.00'25.00'25.00'25.00'50.00'50.00'50.00'50.00'50.00' LENGTH39.27'27.13'1.69'25.44'41.98'32.42'20.32'14.13'44.52' LOT 274,126 SQ FT
N 89°57'46" W 69.89'L1C1L3
L4
S 66°27'33" WRADIAL
LINEL1L3L4DIRECTIONN 89°57'46" WN 81°27'41" EN 74°28'12" ELENGTH34.88'21.32'11.96' LINE TABLECURVEC1DELTA7°46'48"RADIUS50.00'LENGTH6.79'CURVE TABLE R.C.E.DATE:PROJECT ENGINEERWORK ORDEROFSHEET NO.DRAWN BY:CHECKED BY:

HORIZ.VERT.SCALE:
n:\projects\0401\engineering\acad\exhibits\0401_ttm_exhibit.dwgDRAWING:
333 N. LANTANA ST, SUITE 287, CAMARILLO, CA 93010PHONE: 805.322.4443 WEBSITE: WWW.ECGCIVIL.COM

MARKDATEDESCRIPTIONBY REVISIONS
DATEDATE REVIEWED BY:CITY OF OXNARD
040146
ENCANTO PROJECTTENTATIVE TRACT MAP1 = 30' TRISTAN J. SANTOS7147310/21/2021 0SCALE: 1"=30'306090 NSEW
ENO 71473RESTTACFOCVI SEIGRET

RRNILLAIOFAIEENNGIESPDEORFALISON
W 2ND STREET
W 1ST STREET

S K STREET
VENTURA RD.

OLDS RD.

CHANNEL ISLANDS BLVD.

SAVIERS RD.OXNARD BLVD.

WOOLEY RD.

PLEASANT VALLEY RD.

RICE AVE.

DORIS AVE.

W. FIFTH ST.E. FIFTH ST.OLDS RD.ROSE AVE.HEMLOCK ST.

J ST. H ST.TEAL CLUB RD.3 RD ST.2ND ST.CAMINO DEL SOL U.S. NAVY BASEC.B.C.

C ST.

VENTURA CO. AIRPORT
ROSE AVE.

G ST.

CITRUS GROVE LN.

VINEYARDAVE.PATTERSON RD.

VENTURA
FRWY
OXNARD BLVD.PROJECT LOCATION
VICINITY MAPSCALE: NOT TO SCALE
NSEW

ALLEY (PUBLIC)

WATERCITY OF OXNARDSEWERCITY OF OXNARDSTORM DRAINCITY OF OXNARD/VCWPDELECTRICSOUTHERN CALIFORNIA EDISONGASTHE SOUTHERN CALIFORNIA GAS COMPANY(SEMPRA ENERGY)TELEPHONEVERIZON

UTILITIES
HERITAGE HOMES, LLC451 WEST FIFTH STREETOXNARD, CA 93030ATTN: HENRY CASILLAS(805) 385-3565OWNER / DEVELOPERGENERAL ARCHITECTDI CECCO ARCHITECTURE INCORPORATED887 PATRIOT DRIVE, SUITE CMOORPARK, CALIFORNIA 93021ATTN: MARK DI CECCO(805) 552-0088CIVIL ENGINEERENCOMPASS CONSULTANT GROUP, INC.333 N. LANTANA ST, SUITE 287CAMARILLO, CA 93010ATTN: TRISTAN J. SANTOS, RCE 71473(805) 416-1698GEOTECHNICALENGINEERWORKMAN ENGINEERING & CONSULTING3639 HARBOR BOULEVARD - SUITE 116VENTURA, CA 93001ATTN: R. MARK WORKMAN JR, RCE 68557(805) 302-9381

LOT/ZONING INFORMATION
LEGAL DESCRIPTION ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF VENTURA, STATE OF CALIFORNIA,DESCRIBED AS FOLLOWS:THAT PORTION OF SUBDIVISION 28, RANCHO EL RIO DE SANTA CLARA O' LA COLONIA, IN THE CITY OF OXNARD, COUNTY OF VENTURA, STATE OF CALIFORNIA, ACCORDING TO THE MAP FILED IN THE OFFICE OF THE COUNTY CLERK OF SAID COUNTY IN THAT CERTAIN ACTION ENTITLED, "THOMAS A. SCOTT, ET AL., PLFFS., VS. RAFAEL GONZALES, ET AL., DEFTS.", DESCRIBED AS FOLLOWS:BEGINNING AT THE SOUTHWEST CORNER OF GARDEN VILLA TRACT AS PER MAP RECORDED IN BOOK 17, PAGE 82 OF MAPS, RECORDS OF SAID COUNTY; THENCE, NORTH 89° 58' 40" WEST BEING THE WESTERLY PROLONGATION OF THE SOUTH LINE OF THE ABOVE MENTIONED GARDEN VILLA TRACT 610.41 FEET; THENCE, NORTH 0° 01' 36" WEST 310 FEET; THENCE, SOUTH 89° 58’ 40" EAST BEING PARALLEL WITH SAID SOUTH LINE 610.41 FEET TO A POINT IN THE WEST LINE OF SAID TRACT; THENCE, SOUTH 0° 01' 36" EAST 310 FEET TO THE POINT OF BEGINNING.APN: 202-0-233-355

LEGENDRIGHT-OF-WAYLOT LINESTREET CENTER LINEEASEMENT LINESEWERWATERFIRE WATERSTORM DRAINOXNARD AIRPORT RUNWAY PROTECTION ZONE (RPZ) AREA SWFWSD
PREPARER'S STATEMENTTHIS MAP WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION. DATE: TRISTAN J. SANTOS, RCE 7147310/21/2021 ZONINGAREA“AREA OF MINIMAL FLOOD HAZARD" - ZONE X (NO SCREEN)FLOOD ZONE EXISTING: R1 (SINGLE FAMILY RESIDENTIAL)PROPOSED: R1 (SINGLE FAMILY RESIDENTIAL)NET AREA: 4.345-ACRES (3.129-ACRES AFTER R.O.W.DEDICATION)LOTSAPN:2020-233-355UNITSSINGLE FAMILY HOMES= 27 UNITS OWNERHERITAGE HOMES II, LLC

ALLEY (PRIVATE)

12.0'SEWER EASEMENT
DETAIL "A" - ACCESS EASEMENT
185

PLANNING COMMISSIONSTAFF REPORT
TO: Planning Commission
FROM: Juan Martinez, Associate Planner
DATE: December 2, 2021
SUBJECT: ProjectName:EncantoHomesSubdivision- MajorModification;PlanningandZoningPermitNo.21-550-03(MajorModification)toModifyPZ20-500-05(SpecialUsePermitfor a DevelopmentPlan);andPZ20-300-04(TentativeSubdivisionMapforT6054);andPZ20-535-03(DensityBonus);DevelopmentEntitlementstoConstructa 27SingleFamilyHousingDevelopmenton4.1acre(gross)sitelocatedat1101and1111WestSecondStreet(APN:202-0-233-355)& 1101 West First Street (APN: 202-0-233-345). 1) Recommendation:That the Planning Commission (“Commission”):a) FindtheProjecttobeExemptfromtheCaliforniaEnvironmentalQualityAct(CEQA),pursuant to Section 15332 (In-fill Development Projects) of the CEQA Guidelines; and b) AdoptResolutionNo.2021-XXrepealingResolutionNo.2021-22andapprovingPlanningandZoningPermitNo.21-550-03(MajorModificationtoPZ20-500-05SpecialUsePermitforaDevelopmentPlanandPZ20-535-03DensityBonus),subjecttocertainfindings and conditions; and c) AdoptResolution2021-XXrepealingResolutionNo.2021-23recommendingthatCityCouncilapprovePlanningandZoningPermitNo.20-300-04(TentativeTractMapforTract No.6054), subject to certain findings and conditions. 2) Project Description and Applicant:A request to:a) AdjustthesiteplanandTentativeTractMapplottingoffivelots(Lots23through27)toexcludea126square-footareadesignatedtobe transferredtoanadjacentproperty(1101WestFirstStreet)locatednorthofLot27ofTentativeTractNo.6054.Thefivelotshavebeenreconfiguredtoaccommodatethe126square-footarea.TheMajorModificationtothePlanningCommission’s recent(August26,2021)approvalofPlanningandZoningPermit20-500-05(SpecialUse Permitfor PlannedDevelopment);PZ 20-300-04(TentativeSubdivisionMapforT6054);andPZ20-535-03(DensityBonus)wouldallowfora 27-unitresidentialprojectwithareconfiguredsiteandplottingchangestoLots23through 27. The Modified Project entitlements include a request to:i) DemolishexistinginfrastructureconsistingofmodularclassroombuildingsandsiteimprovementsservingtheformerOxnardUnionHighSchool’s AdultEducationProgram; and 186
EncantoHomes Subdivision: PZ21-550-03(MJMDtoPZ20-500-05(SUPforaDP);20-535-03(DB)&PZ 20-300-04 (TTM#6054)Planning Commission Hearing Date: December 2, 2021Page2of14 ii) SubdividetheProject4.10-acresiteinto27lotsrangingbetween3,891and10,584 1 netsquarefeetinsizeanddedicationofapproximately1-acreoflandforthebenefitofpublicright-of-wayforexistingandproposedroadwayimprovementsalongallfoursidesoftheproposeddevelopment.Thenetdevelopableareawillbe3.13acres;andiii)Allowfor the constructionof 27 detachedsingle-familydwellingunits.Thesingle-story, threebedroomhomeswilloffera twoplanmixwithtwounitsizes(1,149&1,201squarefeet)andattachedordetached484square-foottwo-cargarageswith alley access and associated site improvements; andiv)TheProjectalsoincludesa requestfortheministerialapprovalofaDensityBonusPermittoallowfora23percentDensityBonustoincreasethemaximumnumberofunitsfrom22-unitsto27-units.Ofthe27homes,twenty(20)ofthehomeswillbemarketrate,seven(7)ofthehomeswillbeaffordableunitsasfollows:Three(3)unitswillbesetasideforlowincomehouseholdsandfour(4)unitswillbesetasidefor moderateincomehouseholds.Approvalof the followingDensityBonusconcessions/incentivesarerequestedpursuanttoGovernmentCodeSection65915(d)(State’s Density Bonus law):(1)reducetheminimumlotareafrom6,000squarefeettolotsaveraging5,332.6square feet;(2)reducetheminimumlotdimensions:frontageandwidthfrom50-feetto32-feetorgreaterwithtwoflaglotshavingfrontagesof14and20feetanddepthfrom100feet to 71 feet 2 ; and(3)reducetherearyardsetbackfrom25-feetto5-feetprimarilytoallowthegaragesin the rear yard 3 .

TheProjectsiteis locatedat 1101& 1111 WestSecondStreet&1101WestFirstStreetwithintheResidentialLowlandusedesignation,SingleFamilyResidential(R-1)zone,andisintheFremontSouthNeighborhood(AttachmentA).Forpurposesofthisstaffreport,theforegoingProjectdescriptionshallbereferredtoasthe“Project”. FiledbyHenryCasillas,onbehalfoftheOxnardUnionHighSchoolDistrict,propertyowner, 451WestFifthStreet,Oxnard, California 93030 (the “Applicant”).

Please see the reduced Project plans (Attachment B) for more details. 3) Existing&SurroundingLandUses:Theprojectsiteisadevelopedthroughlotthatisboundedbystreetsonfoursides:WestFirstStreettothenorth;SouthKStreettothewest;WestSecondStreettothesouth;anda publicalleytotheeast.ThesitecurrentlycontainsvacantstructuresastheOxnardAdultSchooleducationprogramhasmovedtothe1800 3 No Changes from the previously approved plans.
2 The minimum dimensions in the plans are the same as found in the prior plans. 2 of 27 lots were and are 32 feetwide, 16 of 27 were and are 37 feet wide, and the remainder have larger widths. Two of the properties had and havenarrow “flag lot” frontages with the lots widening to 45 or 50 feet. 1 The August 26, 2021 entitlements authorized lots ranging between 3,838 and 9,946 square feet in size. 187
EncantoHomes Subdivision: PZ21-550-03(MJMDtoPZ20-500-05(SUPforaDP);20-535-03(DB)&PZ 20-300-04 (TTM#6054)Planning Commission Hearing Date: December 2, 2021Page3of14 SolarDrive.Existingdevelopmentimprovementsconsistofapproximately25,000squarefeetofmodularportableclassroombuildingsinacampus-likeconfigurationthatservedtheformerOxnardAdultSchooleducationprogram.Pavedareasincludea parkinglotofapproximately170 stallsand landscaping,alongwith relatedon-siteand offsiteimprovements.

Theprojectsiteissurroundedbyresidentialuses,otherUnionHighSchoolfacilitiesandthefutureCampusPark.ThefollowingtablelistsandidentifiestheGeneralPlanLandUseDesignations,ZoningDesignations,andexistinglandusesoftheProjectsiteandpropertiesimmediately adjacent to the site, which are also illustrated in Attachment A:

OnJuly16,2020,theApplicantfiledfora SenateBill(SB)330Pre-ApplicationReviewwith the intent to seek review and approval of the subject development.

OnNovember3, 2020,within180daysfromwhentheSB330Pre-ApplicationwassubmittedtotheCity,thesubjectentitlementapplicationswerereceived,andonNovember4,2020,theDACreviewedtheproposeddevelopmentproposalalongwiththesubjecttworelated entitlements.

OnAugust26,2021,ThePlanningCommissionadoptedResolutionNos.2021-22approvingPlanningandZoningPermitNo.20-500-05(SpecialUsePermitforaDevelopmentPlan)and20-535-03(DensityBonus),subjectto certainfindingsandconditions;andResolution2021-23recommendingthat CityCouncilapprovePlanningandZoningPermitNo.20-300-04 (Tentative Subdivision Map No. 6054), subject to certain findings and conditions. 188
EncantoHomes Subdivision: PZ21-550-03(MJMDtoPZ20-500-05(SUPforaDP);20-535-03(DB)&PZ 20-300-04 (TTM#6054)Planning Commission Hearing Date: December 2, 2021Page4of14 OnSeptember8,2021,theCityanddeveloperwerenotifiedthatalterationsneededtobemadeto theProjectreviewedby thePlanningCommissiononAugust26,2021,sotheOxnardUnionHighSchoolDistrictcouldhonoranagreementto transferpropertytoanadjacentpropertyat 1101 West FirstStreetto accommodatea driveway/ fenceencroachment.Thedevelopermademodificationstotheplanswithtwogoalsinmind:1)accommodatethetransferoflandrequest(subjecttoasubsequentLotLineAdjustment)and2)maintaintheintentoftheentitledDensityBonusConcessionsinthereconfiguredsiteplanwithoutresultingin inlotswhichbecomesmallerornarrowerthantheprojectpreviouslyreviewedbythePlanningCommission.Procedurally, it wasdeterminedthatthemodifiedprojectmustreturntothePlanningCommissionbeforethemapcouldbepresentedtotheCity Council.

OnNovember1, 2021,theApplicantfiledPlanningandZoningPermitNo.21-550-03(MajorModification),arequesttomodifytheconfigurationoffive(5)ofthe27lotsduetoanunderlyingagreementbetweentheOxnardUnionHighSchoolDistrictandthepropertyownersof1101WestSecondStreet.ThechangetotheproposedTentativeTractMapNo.6054willcarveouta 126squarefoot(netarea)triangularshapedareaofLot27andsaidlandwillbedeededto theadjacentproperty(1101WestFirstStreet).A site comparisonillustrating the difference between Lots 23-27 between the plans presented to the PlanningCommission on August 26 and December 2 has been prepared (Attachment C). 5) EnvironmentalDetermination:In accordancewithSection15332(Class32,In-FillDevelopmentProjects)of theStateof CaliforniaEnvironmentalQualityAct(CEQA)Guidelines,projectsinvolving“in-filldevelopment”maybefoundtobeexemptfromtherequirementsof theCEQA. A Class32categoricalexemptionunderCEQAGuidelinesSection15332consistsof projectscharacterizedas in-filldevelopmentmeetingtherequirement described below:

TheproposedProjectmeetstherequirementsofaClass32CategoricalExemptionbecauseit: (i)isconsistentwiththeCityofOxnard2030GeneralPlandesignationandallapplicableGeneralPlanpoliciesaswellaswithapplicablezoningdesignationandregulationsforthereasonssetforthbelow;(ii)theproposedProjectiswithintheCitylimitsonasiteofnomorethanfiveacres;(iii)theProjectsitehasnovalueashabitatforendangered,rareorthreatenedspecies;(iv)approvaloftheProjectwillnotresultinanysignificanteffectsrelatingtotraffic,noise,airquality, orwaterquality;and(v)theProjectsitecanbeadequatelyservedbyallrequired utilities and public services.

Therefore,staffhasdeterminedthatthereisnosubstantialevidencethattheprojectmayhaveasignificanteffectontheenvironmentandrecommendsthatthePlanningCommissiondirectthePlanning&EnvironmentalServicesManagertofileaNoticeofExemption(AttachmentD)withtheVenturaCountyClerkpursuanttoSection15062oftheStateCEQAGuidelineswithin five (5) working days of passage, approval and adoption of the Project. 189
EncantoHomes Subdivision: PZ21-550-03(MJMDtoPZ20-500-05(SUPforaDP);20-535-03(DB)&PZ 20-300-04 (TTM#6054)Planning Commission Hearing Date: December 2, 2021Page5of14 6) Analysis
a) GeneralDiscussion:ThePlanningCommissionfoundtheProjectreviewedonAugust26tobeconsistentwithboththe2030GeneralPlanandtheOxnardCityCode(OCC).

Staff workedwiththedevelopertominimizeandre-alignthelotsnecessarytoequitablyre-designthoselotsaroundthecul-de-sacthatcouldbeaffectedbythelandtransferaffectingthenorthwestcornerofLot27.Although,theexclusionandreductionofthisareaonlyaffectedLot27, someof the lotsaroundthecul-de-sacneededto bereconfiguredtopreservethetheintentoftheentitledDensityBonusConcessionsinthereconfiguredsiteplanwithoutresultinginlotswhichbecomesmallerornarrowerthanthe project previously reviewed by the Planning Commission.

Asdiscussedbelow, theModifiedProjecthasbeenfoundtobeconsistentwithboththe2030 General Plan and the OCC.

ThePlanningCommissionis thedecisionmakerforMajorModificationspursuanttoOCC§16-561(A).PursuanttotheOCC§15-76,aDevelopmentPlanisrequiredforallattachedordetachedsingle-familyresidentialdevelopmentprojectsforwhichaTentativeSubdivisionMapisrequired, and,pursuanttotheOCC§15-78(B),theDevelopmentPlanshallbereviewedbythePlanningCommission.TheapplicantisseekingapprovalofaSpecialUsePermit(SUP)fora DevelopmentPlan.PursuanttoOCC§16-410F(E)thePlanningCommissionisthedecisionmakerforDensityBonuspermit.Additionally, thePlanningCommissionistoprovidearecommendationofapprovalordisapprovaltotheCity Council for a Tentative Tract Map pursuant to OCC §15-40. b) GeneralPlanConsistency:TheCity’s 2030GeneralPlanlandusedesignationforthesubjectsiteisforResidentialLow, whichallowsforuptosevenunitsperacre.TheResidentialLowdesignationstipulatesthatsingle-familyhomesshouldbedetachedwithfront,side,andrearsetbackrequirements,andmayincludepatioandzerolotlinehomesand planned unit developments.

Pursuantto theOCC16-410B(J),a “DensityBonus”is “adensityincreaseovertheotherwisemaximumallowableresidentialdensityasofthedateofapplicationtothecityforaqualifiedhousingdevelopment.”At22units,theprojecthasadensityof7unitsperacre,butwiththeDensityBonus,theprojectwillhavea densityofapproximately8.7unitsperacre.PursuanttotheOCCChapter16Division7A,DensityBonusandRelatedIncentivesandConcessionsProgram,andtheState’s DensityBonuslaw(GovernmentCode§ 65915-§65918)theApplicantrequestedapprovalofthreedevelopmentcodeConcessionsinexchangeforconstructingseven(7)affordablehousingunits.AsidefromtherequesteddevelopmentConcessions,theprojectcomplieswiththestandardsoftheSingle-FamilyResidential(R-1)zoningdistrict.ApprovalofthisSUPforaDevelopment 190
EncantoHomes Subdivision: PZ21-550-03(MJMDtoPZ20-500-05(SUPforaDP);20-535-03(DB)&PZ 20-300-04 (TTM#6054)Planning Commission Hearing Date: December 2, 2021Page6of14 PlanandaDensityBonusApplicationisrequiredtoensureconsistencywiththeGeneralPlan and land use designation.

Consistencywiththe2030GeneralPlanis definedbytherelationshipbetween2030GeneralPlanpoliciesandtheproposedproject.Thethreeconsistencyclassificationlevels are:I. DirectApplicabilitytoaProposedProjectorProgram(fulltextofthepolicyandan explanation).

II. RelatedorIndirectApplicabilitytotheProposedProjectorProgram(policytitleand an explanation for each or groups of related or indirectly related policies).

III. NoorDistantApplicabilitytotheProposedProjectorProgram(allpoliciesnotlisted as Level I and II are assumed to be consistent).

POLICY LEVEL POLICY OR TITLE EXPLANATION
CD-1.5 I
Promote the development of a variety ofhousing types throughout the Cityincluding apartments, condominiums,lofts, townhouses, and attached anddetached single-family units.

The Project is proposed on a formeradult school campus that is no longer inuse by the Oxnard Union High School.Site improvements and new homes willaddress an overall housing need withinthe immediate area.

CD-8.1 I
Continue to limit development to thoseareas that can be served by existing orplanned utilities, transportation, andservice systems.

The proposed Project is surrounded byurban development, and existingutilities along Second Street that canadequately serve the proposed Project.

CD-9.1 I
Recognize, preserve, and improve thevisual identity and character of existingneighborhoods.

The single-story infill development islocated within a predominantly singlestory community that is designed withalley and street access to driveway andgarage parking.

CD-14.1 I
In the evaluation of developmentproposals, continue to ensure that publicand private development Projectscomply with City design policies, plans,and guidelines.

The Project includes development andperformance conditions recommendedby Development Advisory Committee(DAC) to ensure that the Projectcomplies with City permittingexpectations and policies.

ISC-1.2 I
Review development proposals for theirimpacts on infrastructure (e.g., sewer,water, fire stations, libraries, streets) andrequire appropriate mitigation measuresto ensure that proposed developmentsdo not create substantial adverseimpacts on existing infrastructure andthat the necessary infrastructure will bein place to support the development.

The proposed development andassociated improvements would tie intoexisting infrastructure, which has thecapacity to provide service to theproposed residential dwellings. Theproject includes standards and specialdevelopment project conditions by CityDepartment representatives. 191
EncantoHomes Subdivision: PZ21-550-03(MJMDtoPZ20-500-05(SUPforaDP);20-535-03(DB)&PZ 20-300-04 (TTM#6054)Planning Commission Hearing Date: December 2, 2021Page7of14 ER-9.2 I
Enhance neighborhood diversity andreinforce the desirable elements ofneighborhood character and qualitythrough incorporation of designguidelines, use of landscape materials,and encouraging new developments tointegrate historical and culturallysignificant elements into proposedProjects.

The 27 single-family homedevelopment proposes to maintainexisting neighborhood characteristics.

CD-9.2ICS-8.5
II
“…promote the revitalization ofresidential… properties that aredeteriorated or detract from the visualquality of the City” Consider and require where appropriateand feasible the enhancement of thepedestrian environment as part of privatedevelopment and public works Projects,especially for public sidewalks.

The existing modular school buildingsand infrastructure will be cleared andthe residential zoned property willincorporate single family and setbacksthat include a streetscape design thatwill complement the existing communitysetting.

CD-3.4CD-14.1CD-14.2CD-14.3ICS-11.10ER-9.4ER-10.1
II
Neighborhood Quality of Life DesignReview Process Development AdvisoryCommittee Functions Quality of DesignWater Supply Findings for SmallerProjects Human Scale DevelopmentPromote Use of Native and Water WisePlants The DAC review process led tochanges in the Project and/orconditions of approval that meet theseLevel II policies. c) Affordable Housing and Density Bonus:Asconditioned,theprojectcomplieswithboththeCity’s InclusionaryHousingandtheDensity Bonus standards.

Theprojectis subjectto theCity’s InclusionaryOrdinanceNo.2980thatrequiresaprojectwith10ormoreresidentialunitstosetaside10percentoftheunitsasaffordabletolow-incomehouseholds.Thisrequiresthree(3)unitstobesetasideforlow-incomehouseholds.

In addition,theDeveloperis requestinga DensityBonus.StateDensityBonuslaw(GovernmentCode§ 65915- §65918)stipulatesthatadditionaldwellingunitsshallbeallowedovertheotherwisemaximumallowableresidentialdensityidentifiedin theGeneralPlan,forprojectswhichprovideaffordablehousingforfamiliesdefinedasvery-low-,low-,or moderate-incomehouseholds.ThenumberofadditionaldwellingunitsanddevelopmentConcessionsaredeterminedbythebasezoningandthetotalnumberofunitsthataredeedrestrictedasvery-low-,low-,ormoderate-incomeunits.GovernmentCode§65915(f)providestheformulawithwhichtocalculatethedensitybonus.

TheDeveloperisrequestinga DensityBonusthatincludesthree(3)Concessionsanda23percentDensityBonusincreaseabovethebasedensityof22unitstoresultinatotalof 27 units. This requires seven (7) units to be set aside for moderate-income households. 192
EncantoHomes Subdivision: PZ21-550-03(MJMDtoPZ20-500-05(SUPforaDP);20-535-03(DB)&PZ 20-300-04 (TTM#6054)Planning Commission Hearing Date: December 2, 2021Page8of14 TheDeveloperisallowedto“overlap”theInclusionaryunitsandtheDensityBonusunitsprovidedthe mix of unitsreflectthe deepestcombinedaffordablerequirements.Consequently, theprojectisconditionedtosetasideseven(7)ofthehomesthatwillwillbedistributedthroughouttheproject;three(3)ofwhichwillbesetasideforlow-incomehouseholdswithannualincomesat or below80%AreaMedianIncome(AMI)forVenturaCounty;andfour(4) of theunitswillbe set asidefor moderate-incomehouseholds with annual incomes of up to or below 120% AMI (moderate income).

Theseven(7)unitswillbesoldwithanequity-sharingdeedrestrictionthatallocatesaproportionalshareofappreciationtotheCitywhichshallbeusedwithinfiveyearsforany purpose that promotes home ownership (OMC Section 16-410(S)).

TheApplicantis alsoseekingthree(3)Concessionspursuantto GovernmentCodeSection 65915(d) (State’s Density Bonus law):i) reducetheminimumlotareafrom6,000squarefeettolotsaveraging5,332squarefeet;ii) reducetheminimumlotdimensions:frontageandwidthfrom50-feetto32-feetorgreaterwithtwoflaglotshavingfrontagesof14and20feetanddepthfrom100feetto 71 feet; andiii)reducetherearyardsetbackfrom25-feetto5-feetprimarilytoallowthegaragesinthe rear yard.

Withouttherequested23-percentDensityBonus,thenetareaofthesitecouldonlyaccommodate22dwellingunits.PursuanttoSection16-410F,theDensityBonuspermitis non-discretionary and falls under the approving authority of the Planning Commission. d) ConformancewithZoningDevelopmentStandards:ThepropertyiszonedforSingleFamilyResidential(R-1).ThefollowingtableillustratesandcomparesthedevelopmentProjectagainsttheCity’srequiredstandardandidentifieswhenConcessionshave been applied.

DEVELOPMENTSTANDARD

REQUIRED PROPOSED COMPLIES
?
Minimumdwelling Size(§16-24)
1,000 square feet, exclusive ofgarages carports, and anyaccessory buildings - Plan 1: 1,149 square feet- Plan 2: 1,201 square feet- Garage: 484 square feet YES
Maximumbuilding height(§16-25)
2 stories not to exceed 25 feet 1-Story (16-feet, 8-inches) YES Minimum lotarea(§16-26)
6,000 square feet
Lots 1-27Average: 5,332 SquareFeetMajor Mod: Not ChangeLots 1-11, 14-16, 18-22, 24, 26,& 27 *YES w/ DBConcession
193
EncantoHomes Subdivision: PZ21-550-03(MJMDtoPZ20-500-05(SUPforaDP);20-535-03(DB)&PZ 20-300-04 (TTM#6054)Planning Commission Hearing Date: December 2, 2021Page9of14 Average:4,384Square feetMajor Mod Average: 4,404.48 Square FeetLots 12 & 13Average: 9,805 Square FeetMajor Mod: No ChangeLots 17, 23, & 25Average:6,042Square FeetMajor Mod Average:5,886 Square Feet.

Minimum lotdimensions:Frontage,Width & Depth(§16-27,§ 16-28 &§16-29) Frontage: 50 feet
Width:Interior lots: no less than 60feetCorner lots: no less than 75feet Depth:At least 100 feet
Rounded Numbers/EstimatedLot # Frontage Width Depth1-11,18-22 37 ft 37 ft 110 ft*
12 138 ft
81 ftCorner
121 ft*
13 119 ft
82 ftCorner
118 ft*
14 32 ft 32 ft 110 ft*15 38 ft 38 ft 110 ft*
16 39 ft
39 ftCorner
110 ft*
17 50 ft 50 ft 110 ft*23 74 ft 74 ft 83 ft*24 32 ft 32 ft 71 ft*25 20 ft 50 ft 122 ft*26 14 ft 45 ft 100 ft*27 38 ft 42 ft 90ft* *Note: These dimensions indicate thebuildable areas of the lots and do not reflectlot areas within the private alleyway. Withthe exception of lots 25, 26, & 27, all lotsextend a further 10 feet into the private alleyalong the sides that abut the publicalleyway.

YES w/ DBConcession
Front yardsetback(§16-31)
No less than 20 feet; excepthouses constructed w/ swing(side facing) driveway 15 feetminimumDwellings varying from therequired setback, suchsetback shall determine therequired setback if suchdwellings comprise at least60% of the block 20-feet; all garage are designed with alleyaccess
YES
194
EncantoHomes Subdivision: PZ21-550-03(MJMDtoPZ20-500-05(SUPforaDP);20-535-03(DB)&PZ 20-300-04 (TTM#6054)Planning Commission Hearing Date: December 2, 2021Page10of14 Side yardsetback(§16-32)
Corner and Interior Lots: 10%of lot width, not less than 3feet or more than 5 Reverse Corner lots: Side yardon street side shall be no lessthan 50% of the required frontyard. No accessory buildingswithin the front yard setback 5-feet
No reverse corner lots proposed YES
Rear yardsetback(§16-33)
Rear yard of no less than 25%of the lot’s depth, but need notexceed 25 ft.

Additions to existing house;15-foot setback to rearproperty line for lots notabutting a street or alley and5-feet when abutting a streetor alley. 5-feet measured from the rear edge of thealleyway / buildable are to the back of thegarages.

YES w/ DBConcession
Interior yardspace(§16-34)
At least 15% of the lot area or900 sf whichever is less andshall be open from ground tosky except for roof overhangsnot exceeding 30 inches.

Exceed 15-percent (average range 1,085square feet and 1,620 square feet 625 square-foot minimum720 square-foot average
Min Required: 575 square feet based on3,838 square-foot lot (min lot size proposed) YES
Parkingspaces(§16-622F)
2-car garage spaces for eachhome (For up to 5 bedrooms) 2-car garage spaces with alley access foreach 3-bedroom home. YES e) SiteDesign:ThemodifiedprojectsitefollowstheAugust26sitedesignandfloorplans.TheprojectsiteisbisectedbyaprivateL-shaped“private”alleythatwillbeownedandmaintainedin perpetuityby theProjecthomeowners.Thealleyis designedtoprovidevehicularaccessneedstoresidents,serviceandemergencyvehiclesanditwillalsoprovideforsurfacedrainageandsewermainandlateralconnectionstoservetheProject.Eachsingle-familyhomewillbeconstructedonaseparatelotwithtwelve(12)single-familyhomesdesignedtofrontWestSecondStreet;four(4)homeswillfrontontoSouthKStreet,andeleven(11)homeswillfrontWestFirstStreet.Allofthehomeswillincludelandscapingwithinthe frontand streetsideyardsincludinga walkwayconnectionbetweenthefrontdoorandthepublicsidewalk.Frontyardfencingisnotproposed;however, woodfencingforprivacybetweenpropertiesanddecorativeslumpstonewallswillberequiredalongthestreetsidesofthetwolotsthatareclosertotheintersectionofSecondandKStreets.ThewallswillcomplementthedesignofthetractwallthatisalongSecondStreetwestofKStreet.Lots12and13frontSecondStreetandKStreetwithawallthatwrapsaroundthefrontofthetwolotsthataresetback20feettocomplywiththefrontyardsetbackrequirementoftheR-1zoningstandards.ThesetwolotsarealsolocatedwithinanareaidentifiedasanexistingRunwayProtectionZone. 195
EncantoHomes Subdivision: PZ21-550-03(MJMDtoPZ20-500-05(SUPforaDP);20-535-03(DB)&PZ 20-300-04 (TTM#6054)Planning Commission Hearing Date: December 2, 2021Page11of14 Thehomesaredesignedtonotencroachintothisnobuildzoneandanyfutureadditionwill not be allowed to encroach into this restricted area.

Thefloorplandesignofthehomesisreplicatedwithtwoplandesignsplottedacrossthe27lotswitha one-story, three-bedroomhouseandtwobaths.Forvariation,thehomesinclude4 separateplans.Theelevationdesignincludesa combinationofwhitestuccocolorsandtileroofing.Thesinglestorymassingofthehomesiscomplementedbysinglestoryarchitecturaldesignelementssuchasthethreedistinctfrontporchdesignsandthevarieddesigncombination.Thefrontfacingelevationsincludeaddeddesigndetailstoadd varied design characteristics from one house to another.

Theadjacentpropertyat 1101WestFirstStreetcurrentlyusesthis126square-footportionoflandto betransferredtothemforaccess.To complywiththefenceheightstandardswithinthefrontyardsetback,thefirst20feetofthefencefromthefrontpropertylinewillneedtoberemoved.TheResolutionforaMajorModificationtotheSpecialUsePermitincludesa conditionofapprovalrequiringthedevelopertoremovethe fencesectionwithinthe frontyardsetbackpriorto the projectcompletion.(Attachment E) f) WestFirstStreet,WestSecondStreetandSouthKStreetRoadImprovements:TheProjectwilldedicateapproximately1-acreoflandforthebenefitofpublicright-of-wayforexistingandproposedroadwayimprovementsalongallfoursidesoftheproposeddevelopment.Thedevelopmentwillremoveall theexistingfrontageimprovementsalongallstreetsidesandwillbereconstructedperCityStandard.Improvementswillincludenewcurb,gutter, andasevenfootwidemonolithicsidewalkalongWestSecondStreet;andparkway/sidewalkcombinationalongWestFirstStreetandSouthKStreet.Newimprovementshavebeencoordinatedwithexistingstreetscapedesigns.Inaddition,theprojectwillincludereconstructionof twoexistingpedestriancurbrampsat thenortheastandnorthwestcornersof SouthK StreetandWest SecondStreet.Thepedestrianrampswill be designedand constructedto meetthe AmericanswithDisabilitiesAct(ADA)standards.ThewidenedsidewalkdesignwillprovideforanADAaccessiblecompliantpedestrianpathoftravelalongSecondStreet.Theapplicantwillalsoberequiredtorepairand/orreplaceanyexistingbrokenordamagedcurb,gutterorasphaltpavingadjacenttothepropertyasdirectedbytheCity’sConstructionServicesInspector.

Utilitiessuchason-siteandoff-siteelectric,cable,telephoneandsimilarutilityservicewillbe installedundergroundin accordancewiththeCityCode.TheprojectwillbeupgradingtwoexistingfirehydrantsandproposingtoinstalltwonewfirehydrantsalongtheWestFirstStreetandWestSecondStreetProjectfrontages.Theupgradesandnewfire hydrants will meet the City’s current requirements. g) CirculationandParking:Vehicularaccesstoeachsinglefamilyhomewilloccurvia 196
EncantoHomes Subdivision: PZ21-550-03(MJMDtoPZ20-500-05(SUPforaDP);20-535-03(DB)&PZ 20-300-04 (TTM#6054)Planning Commission Hearing Date: December 2, 2021Page12of14 an alleyandeachunitwillhavea two-cargarage(side-by-side).Additionalvisitorparkingisnotrequiredforthesingle-familyhomes.ParallelparkingalongWestFirstStreet,WestSecondStreet,andSouthKStreetwillcontinuetobeavailable.Parkingonthealleywaywillbeprohibited;however,mostgaragesaredesignedwiththe10-footsideyardsetbackthatmayallowforadditionalnon-coveredparkingalongthesideofthegarage.Thegaragesarealsodesignedwithtworoll-updoors.Theroll-updoorforvehiclesaccessoffthebackalleywayswillbemotorizedwithremoteaccessandasecondroll-updoorwillopenintothebackyard.Thisaddedfeatureoftheinnergaragedoorisexpectedtoactivateandencouragepersonstousetheirgarageforparkingandaccessintothe private back yards. h) BuildingDesign:Thearchitecturaldesignofthehomesincorporatecharacterdefiningfeaturesthatare typicalin SpanishRevivalarchitecturaldesign.SpanishRevivalarchitecturedefiningfeaturesincludelow-pitchedroofs;redtileroofcoverings;typicallywithoneormoreprominentarchesplacedabovedoororprincipalwindow, orbeneathporchroof;wallsurfaceusuallystucco;wallsurfaceextendsintogablewithoutbreak;andthefacadesnormallyasymmetrical.Thehomes’singlestoryarchitecturaldesignwithdetachedgarageisalsoconsistentwiththenearbycommunitysettingandthehomesinthe Henry T. Oxnard historic District located a few blocks to the east.

Thehomesincludefourvarieddesigns(AttachmentB,SheetEA.4,ArchitecturalPlans)thatincorporateSpanishRevivalarchitecturaldesignfeaturesthatincludelowpitchedroofswithredterracottarooftiles(EagleRoofingCapistrano-3523DarkTerracotta)andstuccofinishedin a smooth,whitetone(MerlexGlacierWhitep-100)SantaBarbarafinish. Accentcolorwillincludechocolatecolor(DuneEdwardsFET693MayanChocolate)paintfinisheson thefasciaboards,windowtrims/sills,andfronttrellisfeatures.Thedesignofthehomesincorporateacombinationofarchedporchopeningsandsomeofthefrontfacingwindowswillbearched.Thelargewindowwillberecessedonadoubleframedwalltovisuallyemphasizethewallthickness.Thiseffectisexpectedtoaddcharacterandcomplementthesinglestoryconstruction.Thefrontelevationalsoincludesthreeterracottaclay-likeventtubesalongthefrontfacinglowpitchedgableroof.

Thethreebedroomhomesprovideidenticalfloorplansthatwillincludealivingroom,kitchen, and dining area, two baths, and a laundry closet. i) DevelopmentImpactFees:TheCityrequiresdevelopmentconnectionand/orimpactfeesthatincludeproportionalsharedcostsforpublicservicesandimprovementstobecollectedpriortoissuanceofbuildingpermits.Theproposedprojectwillberequiredtopaytheapplicableimpactfees,includingforwastewater,watersystem,waterserviceandmeter, stormdrain,traffic(CityandCounty),growthcapital,Quimby(park),publicart,and General Plan maintenance connection.

PursuanttoSB330,developmentfeesandstandardsaresubjecttothosedesignstandards 197
EncantoHomes Subdivision: PZ21-550-03(MJMDtoPZ20-500-05(SUPforaDP);20-535-03(DB)&PZ 20-300-04 (TTM#6054)Planning Commission Hearing Date: December 2, 2021Page13of14 andfeesthatwereinplaceattimethatPre-Application(SB330)wasfiledwiththeCity.The Pre-Application was received by the City on July 16, 2020. 7) Development Advisory Committee:OnNovember25,2019,theDevelopersubmittedpre-submittal(19-150-06)siteplansforconceptual site design and initial review before filing for a formal application.

OnDecember18,2019,theDACmetwiththeApplicantandrepresentativeswiththeOxnardUnionHighSchoolDistrict(OUHSD)andofferedsitedesigncommentsonthepre-submittal project.

OnNovember4, 2020,theDACreviewedformaldevelopmentapplicationsandrelatedentitlements.Therecommendationsof theDACarereflectedin thefinaldesignoftheProject and as proposed conditions of approval in the attached resolution.

DACmembersreviewedtheplansassociatedwiththemodifiedproject,butthemodifiedProject was not formally reviewed at a DAC meeting. 8) CommunityWorkshopandPublicInput:Theprojectsiteis locatedwithintheFremontSouthNeighborhood.OnJanuary11,2021,theprojectwaspresentedtothepublicduringa CommunityWorkshopmeeting.OnDecember31,2020,thesitewaspostedwithProjectdetailsandCommunityWorkshopinformationandtheDevelopermailedout439meetingagendanoticestotheresidentsoftheFremontSouthNeighborhood.Themeetingwasattendedbyapproximately30membersofthepublicandpersonshadanopportunitytoaskquestions.PersonsaskediftheDevelopercouldgiveprioritytolocalresidentswishingto purchasea homeandthedevelopersaidhewouldconsideroptionswithinthelawandopportunitiesforlocalresidentstotakeadvantageofhousingopportunities.Thedeveloperrespondedtoquestionsregardinghomepricing,parking,constructiontimeframes,thealley’sdesignandmaintenance,whetherADU’s wouldbepermitted,andif constructionwouldconflictwithanticipatedCampusParkconstructiontimeframes.Constructiontimeswouldtakeplaceduringnormalbusinesshoursandthedeveloperdidnotexpectthattherewouldbeanyconstructionconflictsbetweenthetwoprojects.ThedeveloperacknowledgedthatthealleywouldbeprivatelyownedandmaintainedandthatitwouldbebuilttomeettheCity’sroadwaystandardstosupportrefuseandfiretrucks.Inaddition,thedeveloperindicatedthatthealleywouldbe providedwithlightingto addresssomeoftheduskto dawnPoliceconcerns.AccessoryDwellingUnits(ADU)arenotapartoftheproject’sproposal;however,newhomeownersmaychooseto addorconvertandaccommodatenewADUasallowedunder State law and the City Code.

ThemodifiedProjectwasnotpresentedatanewCommunityWorkshopasthemodificationswereminimalanddidnotalteritemswhichhadbeenraisedattheJanuary11CommunityWorkshop or August 26 Planning Commission meeting. 198
EncantoHomes Subdivision: PZ21-550-03(MJMDtoPZ20-500-05(SUPforaDP);20-535-03(DB)&PZ 20-300-04 (TTM#6054)Planning Commission Hearing Date: December 2, 2021Page14of14 9) AppealProcedure:The requestedactionon the TentativeSubdivisionMapis arecommendationtotheCityCouncilinaccordancewiththeOxnardCityCodeSection15-40(Subdivision).InaccordancewithOCCSection16-545,thePlanningCommission’s actiononPlanningandZoningPermitNos.21-550-03(MajorModificationtoPZ20-500-05(SUPfora DP);20-535-03(DB)& PZ20-300-04(TTM#6054)maybeappealedto theCityCouncilwithin18daysafterthedecisiondate.AppealformsmaybeobtainedfromtheCityClerkandmustbesubmittedwiththeappropriatefeesbeforetheendoftheappealperiod.Allaspectsof thisprojectshallnotbecomeeffectiveunlessanduntiltheCityCouncilapproves the Tentative Subdivision Map.

Pursuantto the PlanningCommission’s actionof August26, 2021,if the PlanningCommissionactionor if theMajorModificationshouldbe denied,theprojectshallbeconsidered entitled and subject to the adopted Resolutions and conditions of approval.

Attachments:A. Maps (Vicinity, General Plan, Zoning)B. Project PlansC. Site Comparison Illustration (Lots 23-27)D. Notice of ExemptionE. Resolution: PZ 21-550-03 (Major Modification: PZ 20-500-05 (Special Use Permit for aDevelopment Plan) & 20-535-03 (Density Bonus Permit))F. Resolution: PZ 21-550-03 (Major Modification: PZ 20-300-04 (Tentative Tract Map for Tract6054))G. Staff Presentation 199

ATTACHMENTA
MAPS
(VICINITY
, ZONING
, GENERAL
PLAN
MAP
)
200
PZ 20-500-05
PZ 20-300-04
PZ 20-535-03

FIFTH ST
H
ST
C
ST

VENTURARD
OXNARD
BLVD
RICE
AVE

HUENEME RD
JST

GONZALES RD

VINEYARD
AVE

WOOLEY RD

BARD RD
101 FRWY

SAVIERS RD

DORIS AVE

CENTRALAVE

ROSEAVE

CASPER RD

THIRD ST
23RD AVE

CAMINO DEL SOL
D ST

BRISTOL RD
ARNO
LD
RD

NINTH ST

OLIVAS PARK DR
W
EST
RD
NAUM
AN
RD

TEAL CLUB RD

PERIMETERRD
HARBOR
BLVD

MARKET ST
G
ST
OCEAN
DR

B STTRACK
13 RD
OLDS
RD
32ND AVE

YUCCA ST
DEL
NO
RTE
BLVD

PATTERSO
N
RD

CHANNEL ISLANDS BLVD

VICTORIA
AVE
ELM ST

PERKINS
RD

ETTING RD
F ST

PACIFIC AVE
5TH
PL
PALM
A
DR
6TH
ST

SANTACLARAAVE
N
ST

CLARA ST

WALKER ST

WALNUTDR

BALBOAST

DUNKIRK DR

SIMON WAY

ORANGEDR

STROUBE ST
5TH ST

EMERSON AVE
JO
LIET
PL
ALLEY
EBO
NY
DR

HILL ST
SAN
JUAN
AVE

LANTANA
ST

PATRICIA

ST VENTURA BLVD

EASTMAN AVE
TRACK
14 RD

REDWOOD ST GISLER
AVE

FIR AVE
M
ST

PENINSULA
RD
OFFSHO
RE
ST
VICTO
RIA
AV
11TH AVE
HARBOR

SERVICE
BLVD
DONLON
ST

APPLELN
LEI DR

STATHAM BLVD

OLIVE ST

LATIGO AVE

ARCTURUS AVE
K ST

BUTLER RD

ALBIONDR

SURFSIDE DR

SWAN ST

GARY DR

STURGIS RD

MOUNTAIN VIEW AVE

SAN MATEO PL

LAMBERT ST

SIKORSKY ST
ASH ST
DOCK 1

JOANWAY
BEAUM
O
NT
AVE

ERICA PL
PAVIN
DR

NELSON PL
OXFO
RD
DR

VENICERD

WESTAR DR

MANDALAY
BEACH
RD
VIEW
PO
INT
DR

CAMINO AVE

BAYVIEW
DR
ELBA
ST

SCOTT ST
ALLEY
ALLEY

GONZALES RD

PATTERSON
RD
HARBOR
BLVD
RICE
AVE
F
ST

OCEANDR
101 FRWY

CHANNEL ISLANDS BLVD
VICTO
RIA
AVE
B ST
C ST
ALLEY

ETTING RD
Vicinity Map
0 0.5 1 1.5 2
Miles
North
Pacific Ocean
N
November 5, 2020
Oxnard Planning
1:70,000
Santa Clara River
PZ 20-500-05, 20-300-04, 20-535-03
Location: 1101, 1111 W Second St.

APN: 2020233355
Encanto
Vicinity Map
201
AC
PRK
RL
RM
RLM
RH
PSP
CG
OS
H
ST
K
ST
IST
G
ST
AL
LEY
VEN
TURA
RD
JST
L
ST

SECOND ST

MAGNOLIA AVE

PALM DR

BOTTLEBRUSH PL

BEVERLY DR

FIRST ST
M
ST

THIRD ST

SECOND CT
G
ST

THIRD ST
ALL
EY
ALLEY
ALLEY

MAGNOLIA AVE
ALLEY

PALM DR

BEVERLY DR
2030 General Plan Land Use Map
0 250 500125
Feet
2030 General Plan Land Use Map
November 5, 2020 1:4,000
Oxnard Planning
PZ 20-500-05, 20-300-04, 20-535-03
Location: 1101, 1111 W Second St.

APN: 2020233355
Encanto
RL
202
K
ST
H
ST
G
ST
IST
ALLEY

SECOND ST
L
ST JST

MAGNOLIA AVE

PALM DR

BOTTLEBRUSH PL

BEVERLY DR

FIRST ST

VENTURA

SERVICE
RD

THIRD ST

FOURTH ST

SECOND CT
BO

TTLEBRUSH
CIR
G
ST
ALLEY
ALLEY
ALLEY
ALLEY

PALM DR
ALLEY

MAGNOLIA AVE

THIRD ST
CR
R1
C2PD
R3
R1PD
R2
C2
R3PD
Zoning/Specific Plan Map
Zoning/Specific Plan Map
0 130 260 390 52065
Feet
November 5, 2020 1:4,000
Oxnard Planning
PZ 20-500-05, 20-300-04, 20-535-03
Location: 1101, 1111 W Second St.

APN: 2020233355
Encanto
R1
203
S
K
ST

W SECOND ST

W FIRST ST

BOTTLEBRUSH PL
N
K
ST
Aerial Map
Aerial Map
November 5, 2020
Oxnard Planning
0 75 150 225 30037.5
Feet
PZ 20-500-05, 20-300-04, 20-535-03
Location: 1101, 1111 W Second St.

APN: 2020233355
Encanto
204

ATTACHMENTB

PROJECT
PLANS
205
di cecco architecture, inc. reserves their common law copyright in these documents. they are not to be reproduced, copied, changed, nor assigned to a third party without the written consent of di cecco architecture, inc.9/10/20 Heritage Homes I I Covera new affordable housing development i n Oxnard, Ca l iforn iaEA.1 1101 W 2nd StreetCity of Oxnard, California
proposed development:27 single-story, three bedroom, two bathroom,single family homes w/ front porchdetached & attached alley loaded two-car garagesPlan 1 - 1,149 s.f.Plan 2 - 1,201 s.f.Garage - 484 s.f.

Heritage Homes II
site information:APN: 2020233354.10 acresZoning: R1 Single Family N
owner:Heritage Homes LLC451 W. 5th StreetOxnard, CAcontact: Henry Casillas (805) 385-3565 Consultantsarchitecture:DiCecco Architecture Inc.887 Patriot Drive, Suite CMoorpark, CA 93021805.552.0088contact: Mark Di Cecco AIAcivil engineering:Encompass Consulting Group533 N. Lantana Street, Suite 130Camarillo, CA 93010805.322.4443contact: Tristan J. Santos, PElandscape architecture:La Group Design Works24103 Ventura Blvd, Suite 201Calabasas, CA 91302818.251.9718contact: Monica D'Angelo-TomeiSheet Indexarchitecture:EA.1 CoverEA.2 Site PlanEA.3 Floor PlansEA.4 Material BoardEA.5 Plan 1 ElevationsEA.6 Plan 2A ElevationsEA.7 Plan 2B ElevationsEA.8 Plan 2C ElevationsEA.9 Garage Elevationscivil:1 Grading Exhibit2 Site Utility Exhibit3 Fire Hydrant Exhibit4 Tentative Tract Map Exhibitlandscape:L-1 Conceptual Landscape PlanL-2 Conceptual Landscape Plan zoning information:setbacks: front - 20' min.side - 5' min.rear - 5' to garage 15' to center of alleyinterior yard space:required - 15% of lot area = 575 s.f. min.provided - 720 s.f. average, 625 s.f. min. 2nd street
1st street
K street
ventura road
I street
H street
5th street
206
di cecco architecture, inc. reserves their common law copyright in these documents. they are not to be reproduced, copied, changed, nor assigned to a third party without the written consent of di cecco architecture, inc.10/18/21 Encanto Site Plana new affordable housing development i n Oxnard, Ca l iforn iaEA.2 20'-0"5'-0" 20'-0"front setback, typ.
5'-0"8'-0"
30'-0"10'-0"streetr.o.w.20'-0"typ. frontsetback
20'-0"typ. front setback
10'-0"10'-0"alleyr.o.w.5'-0"5'-0"10'-0"10'-0"10'-0"5'-0"5'-0"5'-0"10'-0"10'-0"10'-0"5'-0"5'-0"5'-0" 10'-0"10'-0"
10'-0"5'-0"5'-0"5'-0"10'-0"
4'-0"3'-0"10'-0"3'-0"10'-0"10'-0"
5'-0"20'-0"8'-0"
5'-0"25'-0"
8'-10"
5'-0"
14'-2"5'-0"4'-6"5'-0"5'-8"5'-0"10'-0"10'-0"5'-0"5'-0"5'-0"10'-0" 8'-0"5'-0"6'-7" 5'-0"6'-9"
5'-0"
11'-1"
7'-0"5'-0"
15'-5"
5'-0"7'-0"
5'-0"7'-0"
5'-0"5'-0" 5'-0"5'-0"
20'-0"typ. frontsetback
5'-0"5'-0"5'-0"5'-0"5'-0"5'-0"5'-0"5'-0"5'-0"5'-0"
4'-0"4'-0"
3'-10"
12'-0"seweresmt.
15'-0"setbacktyp.7'-5"
10'-0"typ.15'-0" typ.10'-0"typ.
7'-0"
5'-0"5'-0"5'-0"5'-0"5'-0"5'-0"5'-0"5'-0"5'-0"5'-0"5'-0" 5'-0"5'-0"
19'-6" 5'-0"5'-0"10'-0"10'-0"5'-0"5'-0"5'-0"
10'-5"15'-0"setbacktyp.30'-0"
4'-0"
33'-0"
18'-0"
8'-0"4'-0"4'-0"
4'-0"
4'-0"
10'-0"typ.
9'-6"
5'-0"
16'-0"
R 20'
proposed patio, typ. refer tofloorplans for additional info proposed walkway perlandscape drawings, typ.proposed fence w/ gate perlandscape drawings, typ.

IYS - interior yard spaceprovided, refer to lot data table area for recycling & standardtrash bin storage, typ.line of rear setback at alleyline of fence per landscape drawings, typ.verify all lot dimensions with civil drawings, typ.

Lot 1Plan 2AR
two cargarage
Lot 2Plan 2B
two cargarage
Lot 5Plan 2A
two cargarage
Lot 8Plan 2C
two cargarage
Lot 11Plan 2B
two cargarage
Lot 3Plan 2CR
two cargarage
Lot 4Plan 2BR
two cargarage
Lot 6Plan 2CR
two cargarage
Lot 7Plan 2BR
two cargarage
Lot 9Plan 2AR
two cargarage
Lot 10Plan 2CR
two cargarage
Lot 12Plan 1AR
two cargarage
Lot 14Plan 2Ctwo cargarage
Lot 15Plan 1Atwo cargarage
Lot 16Plan 2A
two cargarage
Lot 13Plan 2ARtwo cargarage
Lot 18Plan 2AR
two cargarage
Lot 17Plan 1AR
two cargarage
Lot 19Plan 2B
two cargarage
Lot 20Plan 2A
two cargarage
Lot 21Plan 2CR
two cargarage
Lot 22Plan 2BR
two cargaragetwo cargarage two cargarage two cargarage
two cargarage
two cargarage
Lot 23Plan 1BLot 24Plan 1BR
Lot 25Plan 1A
Lot 26Plan 1B
Lot 27Plan 1C
alley
existing RunwayProtection Zone
existing cul de sac
centerline of 2nd street
centerline of K street
centerline of alley
IYS*IYS*
IYS*IYS*
IYS*
IYS*
IYS*
trash
trash
trash
trash
trash
trash
trash
trash
trash
trash
trash
trash
trash
trash
trash
trash
trash
trash
trash
trash
trash
trash
trash
trash
trash
trashtrash
IYS*IYS*IYS*IYS*IYS*IYS*IYS* IYS*IYS*IYS*IYS*
IYS*
IYS*
IYS* IYS*
IYS*
IYS*
IYS*
IYS*IYS*
IYS* IYS*
IYS*IYS*
IYS*IYS*
IYS*
IYS*
IYS*IYS*IYS*IYS*IYS*IYS*IYS*IYS*IYS*IYS*
Notes- Verify site information with civil and landscape drawings.- Refer to civil and landscape drawings for site wall/fence details.- Refer to civil drawings for site drainage and grading elevations.- indicates location of water meter, verify w/ civil drawings.Water meter to be 1" and supply line to be 1 1/2" PVC Sch. 40 pipe.- "E" indicates location of electric meter & panel- "G" indicates location of gas meter, verify w/ civil drawings EGEG
EG
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EG EGEGEGEGEGEG EGEGEGEG
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EG EGEG EG

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35.8335.0035.00119.10
138.39 37.0037.0037.0037.0037.0037.0037.0037.0037.0037.0037.02 120.00120.00120.00120.00120.00120.00120.00120.00120.00120.00120.00120.00

45.13 60.12

44.81 60.22

34.1137.0037.0037.0037.0050.00
120.00
120.00
120.00
122.27
120.09
120.09
120.09
120.08
120.08
119.92

60.28 32.88

66.28 72.28

26.61 75.3015.59

37.73 14.13

20.3232.42

41.18 25.98

87.0759.1759.1737.00

11.07 15.50

18.5011.1033.41
EG

22.84 21.31

21.1711.91
5'-0"10'-0"10'-0"
Site Planscale: 1"=20'N
note: verify all site information with civil & landscape drawings 207
di cecco architecture, inc. reserves their common law copyright in these documents. they are not to be reproduced, copied, changed, nor assigned to a third party without the written consent of di cecco architecture, inc.9/10/20 Heritage Homes I IFloor Plansa new affordable housing development i n Oxnard, Ca l iforn iaEA.3 6'-0"13'-2"7'-10"14'-10"1'-8"
5'-6"21'-6"
13'-6"11'-10"18'-2"
27'-0"
9'-0" 41'-10"
10'-4"10'-8" 6'-0"27'-0"
43'-6"
1'-3" 14'-10" 10'-11"
Bed 2
KitchenLiving
MasterBed
Bed 3
Dining
MasterBath
Bath 2
Porch
4'-0"5'-0" 44'-0"
25'-0" 16'-0" 12'-0"
4'-10"13'-0" 14'-0"
5'-6" 16'-0" 5'-6"27'-0"
9'-0" 21'-8" 4'-10"8'-6"
2'-6"7'-0" 11'-2"4'-4"
6'-6"6'-6"6'-0"8'-0"
27'-0"
2'-9"3'-3"
4'-0"4'-0"
4'-0"4'-0"5'-0"11'-0"
4'-5"3'-7"
53'-0"
53'-0"
8'-0"
Bed 2
MasterBed
Bed 3
MasterBath
Bath 2
Dining
Porch
Patio Kitchen
Living
22'-0"
11'-0" 11'-0"22'-0"
3'-2" 18'-10"22'-0"
11'-0" 11'-0"22'-0"
Garage
27'-0"
3'-6"8'-6"
4'-10"8'-6"
Bed 2 Bed 3
Plan 1scale: 1/4"=1'-0"Plan 2scale: 1/4"=1'-0"Typical Garage Planscale: 1/4"=1'-0" 1,149 sf1,201 sf484 sf Partial Plan 2 @ Lots 12 & 13scale: 1/4"=1'-0"
208
di cecco architecture, inc. reserves their common law copyright in these documents. they are not to be reproduced, copied, changed, nor assigned to a third party without the written consent of di cecco architecture, inc.9/10/20 Heritage Homes I IMaterial Boarda new affordable housing development i n Oxnard, Ca l iforn iaEA.4 roofingEagle Roofing Capistrano3523 Dark TerracottatrimDunn EdwardsDET693 Mayan Chocolatestucco bodyMerlex Glacier White p-100Santa Barbara finish windowsAmsco ArtisanBronze 209
di cecco architecture, inc. reserves their common law copyright in these documents. they are not to be reproduced, copied, changed, nor assigned to a third party without the written consent of di cecco architecture, inc.9/10/20 Heritage Homes I IPlan 1 Elevationsa new affordable housing development i n Oxnard, Ca l iforn iaEA.5 16'-8"overall height3'-6"
16'-8"overall height
16'-8"overall height
16'-8"overall height
Front Elevationscale: 1/4"=1'-0"Right Elevationscale: 1/4"=1'-0" Rear Elevationscale: 1/4"=1'-0"Left Elevationscale: 1/4"=1'-0" 210
di cecco architecture, inc. reserves their common law copyright in these documents. they are not to be reproduced, copied, changed, nor assigned to a third party without the written consent of di cecco architecture, inc.9/10/20 Heritage Homes I IPlan 2A Elevationsa new affordable housing development i n Oxnard, Ca l iforn iaEA.615'-0"overall height 3'-6"
15'-0"overall height3'-6"
15'-0"overall height
Front Elevationscale: 1/4"=1'-0"Right Elevationscale: 1/4"=1'-0" Rear Elevationscale: 1/4"=1'-0"Left Elevationscale: 1/4"=1'-0" 211
di cecco architecture, inc. reserves their common law copyright in these documents. they are not to be reproduced, copied, changed, nor assigned to a third party without the written consent of di cecco architecture, inc.9/10/20 Heritage Homes I IPlan 2B Elevationsa new affordable housing development i n Oxnard, Ca l iforn iaEA.73'-6"15'-0"overall height 3'-6"15'-0"overall height
15'-0"overall height
15'-0"overall height
Front Elevationscale: 1/4"=1'-0"Right Elevationscale: 1/4"=1'-0" Rear Elevationscale: 1/4"=1'-0"Left Elevationscale: 1/4"=1'-0" 212
di cecco architecture, inc. reserves their common law copyright in these documents. they are not to be reproduced, copied, changed, nor assigned to a third party without the written consent of di cecco architecture, inc.9/10/20 Heritage Homes I IPlan 2C Elevationsa new affordable housing development i n Oxnard, Ca l iforn iaEA.83'-6"15'-0"overall height 3'-6"15'-0"overall height
15'-0"overall height
15'-0"overall height
3'-6"
Front Elevationscale: 1/4"=1'-0"Right Elevationscale: 1/4"=1'-0" Rear Elevationscale: 1/4"=1'-0"Left Elevationscale: 1/4"=1'-0" 213
di cecco architecture, inc. reserves their common law copyright in these documents. they are not to be reproduced, copied, changed, nor assigned to a third party without the written consent of di cecco architecture, inc.9/10/20 Heritage Homes I IGarage Elevationsa new affordable housing development i n Oxnard, Ca l iforn iaEA.9 14'-9"
14'-9" 14'-9"
14'-9"
Front Elevationscale: 1/4"=1'-0"Right Elevationscale: 1/4"=1'-0" Rear Elevationscale: 1/4"=1'-0"Left Elevationscale: 1/4"=1'-0" 214
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W. 2ND STREET
ALLEY
EXISTING ALLEY
LOT 1LOT 2LOT 3LOT 4LOT 5LOT 6LOT 7LOT 8LOT 9LOT 12LOT 11LOT 10 LOT 13
LOT 14
LOT 15
LOT 16
LOT 17
LOT 18LOT 19LOT 20LOT 21LOT 22LOT 23LOT 24 LOT 25 LOT 26
LOT 27
W. 2ND STREET
EXISTING ALLEY
ALLEY
ALLEY ALLEY
S. K STREET
W. 1ST STREET W. 1ST STREET Landscaping at corner intersectionsshall be maintained to a maximumheight of 36" inches, typical Bougainvillea Vines alongAlley-Facing Fences, typical Creeping Fig Vines alongalley block wall, planted in 12"x18"vine pockets, within private lot Concrete Padper architect, typ.Landscape, typical
New Sidewalkper civil plans Upright AccentTree, typical Lawn
Lawn
Upright AccentTree, typical
Landscaping at corner intersectionsshall be maintained to a maximumheight of 36" inches, typical R.O.W.

New Sidewalkper civil plansEntry Walks,per civil plans Entry Walks,per civil plans
Mulch Path w/Steppersat side yard gate, typical
Street Tree,typical
Street Tree,typicalFront YardCanopy Tree,typical
Lawn Header,typical
R.O.W.

Lawn Header, typ.

Columnar Accent Shrub,typical
Lawn Lawn
Lawn
Lawn
Lawn Lawn Lawn
Sub-surface Infiltration Basinper civil plans, typ.

Lawn Parkway,typical
Creeping Fig Vines alongMasonry Wall, typical
R.O.W.

Street Tree,typical
Columnar Accent Shrub,typical
Bougainvillea Vines alongAlley-Facing Fences, typical PrivatePatio
PrivatePatio
PrivatePatio
PrivatePatio
PrivatePatio PrivatePatio
PrivatePatio PrivatePatio
PrivatePatio
PrivatePatio
PrivatePatio PrivatePatio
PrivatePatio
PrivatePatio
PrivatePatio PrivatePatioPrivatePatio
PrivatePatio
PrivatePatio PrivatePatioPrivatePatio PrivatePatio PrivatePatioPrivatePatio PrivatePatio PrivatePatioPrivatePatio12'-0"EASEMENT R.O.W.

Lawn Parkway,typical
TTT
MATERIALS KEYPrivate YardInterior Landscape-
Rear Alley Facing MOD-MixLandscape
Front Yard LandscapeLOW
Lawn within Property HIGH
Lawn in R.O.W.HIGH
Lawn Parkway HIGH
6' High Wood Fence & Gate
6' High Block Wall
Trash & Recycle BinsLawn Header
WUCOLS
JOB # 4682.Ä
.CPFUECRG#TEJKVGEVWTG8GPVWTC$NXF5WKVG%CNCDCUCU%#RÄHÄGOCKN DesignWorks"NCITQWRKPEPGV
Design Works
Landscape ArchitectureL.A. Group Design Works, Inc.

DI CECCO ARCHITECTURE INCORPORATED887 Patriot Drive, Suite CMoorpark, CA 93021(805)552-0088 PREPARED FOR:Heritage Homes II, LLC451 West Fifth StreetOxnard, CA 93030805.385-3565333 N. LANTANA ST, SUITE 130, CAMARILLO, CA 93010PHONE: 805.322.4443 WEBSITE: WWW.ECGCIVIL.COM Rev: 10.22.2021LANDSCAPE NOTES:

1.LANDSCAPING WILL COMPLY WITH THE APPLICATION CITY OF OXNARD LANDSCAPE STANDARD.2. THE LANDSCAPE AND IRRIGATION WILL COMPLY WITH THE CITY OF OXNARD WATER EFFICIENT LANDSCAPE ORDINANCE (CITY COUNCIL ORDINANCE NO. 2822) AND LANDSCAPE WATER CONSERVATION.3. LANDSCAPE ARCHITECT SHALL PROVIDE THE CITY WITH WRITTEN CONFIRMATION THAT THEY HAVEREVIEWED THE CIVIL ENGINEERING CONSTRUCTION DRAWINGS AND THAT THE NPDES REQUIREMENTSARE NOT IN CONFLICT WITH MEETING THE CITY'S LANDSCAPE REQUIREMENTS.4. LANDSCAPING AT CORNER LOTS/INTERSECTIONS, SHALL BE MAINTAINED TO A MAXIMUM HEIGHTOF 36" INCHES OR LESS.

PLANNING NOTE:At the time of landscape plan check submittal, the landscape plans shall contain an exhibit titled "Tree TabulationChart". The Tree Tabulation Chart shall contain a listing of all existing trees on the site and shall refer to them bynumber as identified in the Arborist's Tree Report. The Tree Tabulation Chart shall clearly list all tress which are toremain, be removed or be transplanted. The chart shall contain the arborist's economic appraisal value of all trees tobe removed as well as a computation showing how the removed tree value was put back into new tree sizes for theproject. The new tree sizes for the project shall be in addition to meeting the minimum tree size of 24" box.

E N C A N T O CONCEPTUAL LANDSCAPE PLANOxnard, California MAGNOLIA G.SAINT MARY PYRUS CALLERYANA'CAPITAL'TRISTANIA LAURINA'ELEGANT' STREET TREES UPRIGHT ACCENT TREES

ARECASTRUMROMANZOFFIANUM
NORTHScale: 1" = 20'-0"FRONT YARD CANOPY TREE

CHITALPATASHKENTENSISTABEBUIAIMPETIGINOSA
215
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W. 2ND STREET
ALLEY
EXISTING ALLEY
LOT 1LOT 2LOT 3LOT 4LOT 5LOT 6LOT 7LOT 8LOT 9LOT 12LOT 11LOT 10 LOT 13LOT 14LOT 15
LOT 16LOT 17LOT 18LOT 19LOT 20LOT 21LOT 22LOT 23LOT 24LOT 25LOT 26 LOT 27
W. 2ND STREET
EXISTING ALLEY
ALLEY ALLEY ALLEY S. K STREET
W. 1ST STREETW. 1ST STREET TTT
MATERIALS KEYPrivate YardInterior Landscape-Rear Alley Facing MOD-MixLandscapeFront Yard LandscapeLOWLawn within Property HIGHLawn in R.O.W.HIGHLawn Parkway HIGH6' High Wood Fence & Gate6' High Block WallTrash & Recycle BinsLawn Header WUCOLS
JOB # 4682.Ä.CPFUECRG#TEJKVGEVWTG8GPVWTC$NXF5WKVG%CNCDCUCU%#RÄHÄGOCKN DesignWorks"NCITQWRKPEPGVDesign WorksLandscape ArchitectureL.A. Group Design Works, Inc.DI CECCO ARCHITECTURE INCORPORATED887 Patriot Drive, Suite CMoorpark, CA 93021(805)552-0088PREPARED FOR:Heritage Homes II, LLC451 West Fifth StreetOxnard, CA 93030805.385-3565333 N. LANTANA ST, SUITE 130, CAMARILLO, CA 93010PHONE: 805.322.4443 WEBSITE: WWW.ECGCIVIL.COM Rev: 10.22.2021LANDSCAPE NOTES:1.LANDSCAPING WILL COMPLY WITH THE APPLICATION CITY OF OXNARD LANDSCAPE STANDARD.2. THE LANDSCAPE AND IRRIGATION WILL COMPLY WITH THE CITY OF OXNARD WATER EFFICIENT LANDSCAPE ORDINANCE (CITY COUNCIL ORDINANCE NO. 2822) AND LANDSCAPE WATER CONSERVATION.3. LANDSCAPE ARCHITECT SHALL PROVIDE THE CITY WITH WRITTEN CONFIRMATION THAT THEY HAVEREVIEWED THE CIVIL ENGINEERING CONSTRUCTION DRAWINGS AND THAT THE NPDES REQUIREMENTSARE NOT IN CONFLICT WITH MEETING THE CITY'S LANDSCAPE REQUIREMENTS.4. LANDSCAPING AT CORNER LOTS/INTERSECTIONS, SHALL BE MAINTAINED TO A MAXIMUM HEIGHTOF 36" INCHES OR LESS.

E N C A N T O CONCEPTUAL LANDSCAPE PLANOxnard, California MAGNOLIA G.SAINT MARYPYRUS CALLERYANA'CAPITAL'TRISTANIA LAURINA'ELEGANT' STREET TREESUPRIGHT ACCENT TREES

ARECASTRUMROMANZOFFIANUM
NORTHScale: 1" = 20'-0"FRONT YARD CANOPY TREE

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ATTACHMENTC
SITE

COMPARISON

ILLUSTRATION
(LOTS
23-27)
223
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di cecco architecture, inc. reserves their common law copyright in these documents. they are not to be reproduced, copied, changed, nor assigned to a third party without the written consent of di cecco architecture, inc.2/8/21 Encanto Site Plana new affordable housing development i n Oxnard, Ca l iforn iaEA.2 5'-0"10'-0"10'-0"
15'-0" rearsetbacktyp.
30'-0"
20'-0"10'-0"typ. 20'-0" frontsetback
5'-0"9'-0"
30'-0"10'-0"streetr.o.w.20'-0"frontsetback
20'-0"front setback
10'-0"10'-0"alleyr.o.w.5'-0"5'-0"10'-0"10'-0"10'-0"5'-0"5'-0"5'-0"10'-0"10'-0"10'-0"5'-0"5'-0"5'-0" 10'-0"10'-0"
10'-0"5'-0"5'-0"5'-0"4'-0"10'-0"
4'-0"3'-0"10'-0"3'-0"10'-0"10'-0"7'-0"
5'-0"20'-0"8'-0"
5'-0"23'-8"
7'-10"5'-0"
5'-0"5'-0"5'-0"5'-0"5'-0"5'-0"10'-0"
10'-0"10'-0"
10'-0"5'-0"5'-0"5'-0"5'-0"10'-0"
13'-0"
8'-0"9'-0"5'-0" 5'-0"15'-0"5'-0"
5'-0"
10'-0"
7'-0"5'-0"
15'-5"
5'-0"7'-0"
5'-0"7'-0"
10'-0"typ.
10'-0"typ.
5'-0" 5'-0"5'-0"5'-0"5'-0"
20'-0"frontsetback
5'-0"5'-0"5'-0"5'-0"5'-0"5'-0"5'-0"5'-0"5'-0"5'-0"5'-0" 4'-0"4'-0"
4'-0"4'-0"
4'-0"4'-0"
R 20'
proposed fence per landscape drawings, typ.

Plan2AR
two cargarage
Plan2B
two cargarage
Plan2A
two cargarage
Plan2C
two cargarage
Plan2B
two cargarage
Plan2CR
two cargarage
Plan2BR
two cargarage
Plan2CR
two cargarage
Plan2BR
two cargarage
Plan2AR
two cargarage
Plan2CR
two cargarage
Plan2A
two cargarage
Plan2Ctwo cargarage
Plan2Atwo cargarage
Plan2CRtwo cargarage
Plan2BRtwo cargarage
Plan2AR
two cargarage
Plan2C
two cargarage
Plan2B
two cargarage
Plan2A
two cargarage
Plan2CR
two cargarage
Plan2BR
two cargaragetwo cargarage two cargarage two cargarage
two cargarage
two cargarage
Plan1Plan1
Plan1
Plan1
Plan1
alley
existing RunwayProtection Zone
existingcul de sac
centerline of 2nd street
centerline of K street
centerline of alley
Lot 1Lot 2Lot 3Lot 4Lot 5Lot 6Lot 7Lot 8Lot 9Lot 10Lot 11Lot 12 Lot13
Lot14
Lot15
Lot16
Lot 17Lot 18Lot 19Lot 20Lot 21Lot 22
Lot 23Lot 24Lot 25
Lot 26
Lot 27
req'd IYSreq'd IYSreq'd IYSreq'd IYSreq'd IYSreq'd IYSreq'd IYSreq'd IYS req'd IYSreq'd IYSreq'd IYS req'd IYS
req'd IYS
req'd IYS
req'd IYS
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req'd IYS
req'd IYS
req'd IYS
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req'dIYS
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req'dIYS
trash
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trashtrash
Site Planscale: 1"=20'N
note: verify all site information with civil & landscape drawings

APPROVED
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di cecco architecture, inc. reserves their common law copyright in these documents. they are not to be reproduced, copied, changed, nor assigned to a third party without the written consent of di cecco architecture, inc.10/18/21 Encanto Site Plana new affordable housing development i n Oxnard, Ca l iforn iaEA.2 20'-0"5'-0" 20'-0"front setback, typ.
5'-0"8'-0"
30'-0"10'-0"streetr.o.w.20'-0"typ. frontsetback
20'-0"typ. front setback
10'-0"10'-0"alleyr.o.w.5'-0"5'-0"10'-0"10'-0"10'-0"5'-0"5'-0"5'-0"10'-0"10'-0"10'-0"5'-0"5'-0"5'-0" 10'-0"10'-0"
10'-0"5'-0"5'-0"5'-0"10'-0"
4'-0"3'-0"10'-0"3'-0"10'-0"10'-0"
5'-0"20'-0"8'-0"
5'-0"25'-0"
8'-10"
5'-0"
14'-2"5'-0"4'-6"5'-0"5'-8"5'-0"10'-0"10'-0"5'-0"5'-0"5'-0"10'-0" 8'-0"5'-0"6'-7" 5'-0"6'-9"
5'-0"
11'-1"
7'-0"5'-0"
15'-5"
5'-0"7'-0"
5'-0"7'-0"
5'-0"5'-0" 5'-0"5'-0"
20'-0"typ. frontsetback
5'-0"5'-0"5'-0"5'-0"5'-0"5'-0"5'-0"5'-0"5'-0"5'-0"
4'-0"4'-0"
3'-10"
12'-0"seweresmt.
15'-0"setbacktyp.7'-5"
10'-0"typ.15'-0" typ.10'-0"typ.
7'-0"
5'-0"5'-0"5'-0"5'-0"5'-0"5'-0"5'-0"5'-0"5'-0"5'-0"5'-0" 5'-0"5'-0"
19'-6" 5'-0"5'-0"10'-0"10'-0"5'-0"5'-0"5'-0"
10'-5"15'-0"setbacktyp.30'-0"
4'-0"
33'-0"
18'-0"
8'-0"4'-0"4'-0"
4'-0"
4'-0"
10'-0"typ.
9'-6"
5'-0"
16'-0"
R 20'
proposed patio, typ. refer tofloorplans for additional info proposed walkway perlandscape drawings, typ.proposed fence w/ gate perlandscape drawings, typ.

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45.13 60.12

44.81 60.22

34.1137.0037.0037.0037.0050.00
120.00
120.00
120.00
122.27
120.09
120.09
120.09
120.08
120.08
119.92

60.28 32.88

66.28 72.28

26.61 75.3015.59

37.73 14.13

20.3232.42

41.18 25.98

87.0759.1759.1737.00

11.07 15.50

18.5011.1033.41
EG

22.84 21.31

21.1711.91
5'-0"10'-0"10'-0"
Site Planscale: 1"=20'N
note: verify all site information with civil & landscape drawings

PROPOSED
226
RESOLUTION NO. 2021-47
A RESOLUTIONOFTHEPLANNINGCOMMISSIONOFTHECITYOFOXNARDRECOMMENDINGCITYCOUNCILAPPROVALOFPLANNINGANDZONINGPERMIT(PZ)NO.21-550-03(MAJORMODIFICATION)TOPZ20-300-04(TENTATIVESUBDIVISIONMAPOFTRACTNO.6054),TOSUBDIVIDEA 4.10-ACRESITEINTO 27 PARCELSTOCONSTRUCT27DETACHEDSINGLE-FAMILYHOMESON27SEPARATELOTSRANGINGBETWEEN3,891AND10,584SQUAREFEETINAREA.THEDEVELOPED4.10-ACRESITEIS ZONEDFORSINGLEFAMILY RESIDENTIAL(R-1)ANDIS LOCATEDAT 1101& 1111 WESTSECONDSTREET(APN:202-0-233-355)WITHINTHEFREMONTSOUTHNEIGHBORHOOD.THEPROJECTINCLUDESTHEDEDICATIONOFAPPROXIMATELY 1-ACREOFLANDFORTHEBENEFITOFPUBLICRIGHT-OF-WAYFOREXISTINGANDPROPOSEDROADWAYIMPROVEMENTSALONGALLFOURSIDESOFTHEPROPOSEDDEVELOPMENT. FILEDBYHENRYCASILLAS,ONBEHALFOFTHEOXNARDUNIONHIGHSCHOOLDISTRICT, PROPERTYOWNER, 451 WEST FIFTH STREET, OXNARD, CALIFORNIA 93030.

WHEREAS,onJuly16,2020,designatedagentHenryCasillasonbehalfoftheOxnard,UnionHighSchoolDistrict,PropertyOwner, (the“Applicant”and/or“Developer”)submitteda Pre-Application(PZ20-600-05)pursuantto SenateBill(SB)330andlockingdevelopmentfeesandstandardstothosedesignstandardsandfeesthatwereinplaceattime that Pre-Application (SB330) was filed with the City; and WHEREAS,onNovember3,2020,designatedagentHenryCasillasonbehalfoftheOxnard,UnionHighSchoolDistrict,PropertyOwner, (the“Applicant”and/or“Developer”)submitteda requestfora TentativeSubdivisionMapofTractNo.6054,pursuanttoOxnardCityCodeSection15-10,to allowthe constructionof 27 singlefamilysubdivisionofa4.10-acresiteinto27lotsrangingbetween3,838and9,946squarefeetinsizeanddedicationofapproximately1-acreoflandforthebenefitofpublicright-of-wayforexistingandproposedroadwayimprovementsalongallfoursidesoftheproposeddevelopment;on a sitecommonlyknownas theOxnardUnionHighSchoolAdultEducation school site located at 1101 & 1111 West Second Street; and WHEREAS,thetheTentativeSubdivisionMapofTractNo.6054wasdesignedtobeconsistentwith the associated Density Bonus application (PZ No. 20-535-03); and WHEREAS,onAugust26,2021,thePlanningCommissionoftheCityofOxnard(“PlanningCommission”) conducteda dulynoticedpublichearingtoconsiderApplicant’s requestto approvePlanningandZoningPermitNo.20-300-04(TentativeSubdivisionMapofTractNo.6054)toaccommodatea27singlefamilyhomesubdivisionona4.10-acresitewithlotsrangingbetween3,838and9,946squarefeetinaccordancewithChapter15(SubdivisionOrdinance)oftheOxnardCityCodeandtheStateSubdivisionMapAct,filedbyHenryCasillas,onbehalfoftheOxnardUnionSchoolDistrict,PropertyOwner,451 West Fifth Street, Oxnard California 93030; and 227
Resolution No. 2020-47PZ 21-550-03 (MJMD: PZ 20-300-04 (TSM for Tract #6054)): Encanto Homes SubdivisionPlanning Commission Hearing Date: December 2, 2021 WHEREAS,on November1, 2021,theApplicantfiledPlanningandZoningPermitNo.21-550-03(MajorModification),proposaltorepealResolutionNo.2021-23adoptedbythePlanningCommissiononAugust26,2021tomodifytheconfigurationoffive(5)ofthe27 lotsdueto anunderlyingagreementbetweentheOxnardUnionHighSchoolDistrictandthepropertyownersof1101WestFirstStreet.ThechangetotheproposedsiteplanandTentativeTractMapNo.6054willcarveouta126squarefoot(netarea)triangularshapedareaofLot27andsaidlandwillbedeededtotheadjacentproperty(1101 West First Street); and WHEREAS,onDecember2,2021,thePlanningCommissionoftheCityofOxnard(“PlanningCommission”) conducteda dulynoticedpublichearingtoconsiderApplicant’s requesttoapprovePlanningandZoningPermitNo.21-550-03(MajorModification)toPZNo.20-300-04(TentativeSubdivisionMapofTractNo.6054)to adjustthesiteplanandTentativeTractMapplottingof fivelots(Lots23 through27)to excludea 126square-footareadesignatedforprivateeasement/landtransferto anadjacentproperty(1101 West First Street) located north of Lot 27 of Tentative Tract No. 6054; and WHEREAS,thefivelotshavebeenreconfiguredtoaccommodatethe126square-footareatobeexcludedandcomplywiththeCity’s developmentstandards,TentativeTractMaplotarea,andthePlanningCommission’s recent(August26,2021)entitlementreviewandactionsrelatedtoPlanningandZoningPermit20-500-05(SpecialUsePermitforPlannedDevelopment);PZ20-300-04(TentativeSubdivisionMapforT6054);andPZ20-535-03(Density Bonus); and WHEREAS,PlanningandZoningPermitNo.21-550-03(MajorModification)continuestobeconsistentwiththeintentofthePlanningCommission’s actionofAugust26,2021,toallowthesubdivisionofa 4.10-acresiteinto27lotstoallowfortheconstructionof27single-story, threebedroomhomeswithattachedanddetachedtwo-cargarageswithalleyaccess an WHEREAS,thethemodifiedTentativeSubdivisionMapofTractNo.6054wasdesignedtobeconsistent with the associated Density Bonus application (PZ No. 20-535-03); and WHEREAS,saidTentativeSubdivisionMapwasreferredtovariouspublicutilitycompanies,City departments and the Development Advisory Committee for recommendations; and WHEREAS,the proposedsubdivision,togetherwiththe provisionsfor its designandimprovement, is consistent with the 2030 General Plan; and WHEREAS,thePlanningCommissionfindstheTentativeSubdivisionMapconformstotheCity's 2030 General Plan and elements thereof; and 228
Resolution No. 2020-47PZ 21-550-03 (MJMD: PZ 20-300-04 (TSM for Tract #6054)): Encanto Homes SubdivisionPlanning Commission Hearing Date: December 2, 2021 WHEREAS,thePlanningCommissionoftheCityofOxnardhasconsideredanapplicationforPlanningandZoningPermitNos.20-500-05(SpecialUsePermitfora DevelopmentPlan); and 20-535-03 (Density Bonus Permit); and WHEREAS,thePlanningCommissionfinds,afterduestudy, deliberationandpublichearing,thattheprojectmeetsthecriteriasetoutinCaliforniaGovernmentCode§ 65915to§65918andtotheCity’s DensityBonusandRelatedIncentivesandConcessionsProgram(Division 7A, OCC Section 16-410A to 16-410V, inclusive); and WHEREAS,GovernmentCodeSection65915andOxnardCityCode(OCC)Sections16-410Mand16-410OrequirethatwhenahousingdevelopermeetscertaincriteriaforaDensityBonus,thelocaljurisdictionmustgrantoneormoreregulatoryincentivesorConcessionsunlessthecitymakesawrittenfindingthattheConcessionsorincentivesarenotrequiredin order to provide for affordable housing costs as defined by state law; and WHEREAS,thePlanningCommissionfindsthattheProjectmeetsallnecessarycriteriaofGovernmentCodeSection65915andOCCSectionOCC16-410Hto beconsideredeligibleforthreeConcessionsanda23percentDensityBonustoincreasethemaximumnumberof unitsfrom22-unitsto 27-unitsbecauseseven(7)of thehomeswillbeaffordableunitsasfollows:Three(3)unitswillbesetasideforlow-incomehouseholdsandfour(4)unitswillbesetasideformoderate-incomehouseholds.ApprovalofthefollowingDensityBonusConcessions/incentivesarerequestedpursuanttoGovernmentCodeSection65915(d)(State’s DensityBonuslaw):reducetheminimumlotareafrom6,000squarefeetto lotsaveraging5,332.6squarefeet;reducetheminimumlotdimensions:frontageandwidthfrom50-feetto 32-feetorgreaterwithtwoflaglotshavingfrontagesof14and20feetanddepthfrom100feetto71feet;andreducetherearyard setback from 25-feet to 5-feet primarily to allow the garages in the rear yard; and WHEREAS,thePlanningCommissionfindsthattherequestedConcessionisnotcontrarytoanyfederal or state law; and WHEREAS,thePlanningDivisionhascompletedapreliminaryenvironmentalassessmentoftheProjectin accordancewiththeCaliforniaEnvironmentalQualityAct(CEQA)anddeterminedthattheProjectis subjectto a Class32CategoricalExemption(Section15332).Further, theprojectdoesnottriggeranyoftheExceptionstotheExemptions(Section 15300.2) to defeat the Exemption:

WHEREAS,thePlanningCommissionfindsthattheapplicantagreeswiththenecessityofandacceptsallelements,requirements,andconditionsofthisresolutionasbeingareasonablemannerof preserving,protecting,providingfor, andfosteringthehealth,safety, andwelfareof thecitizenryin generalandthepersonswhowork,visitor livein thissubdivision in particular; and NOW, THEREFORE,BEIT RESOLVEDBYTHEPLANNINGCOMMISSIONOFTHECITY OF OXNARD:
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Resolution No. 2020-47PZ 21-550-03 (MJMD: PZ 20-300-04 (TSM for Tract #6054)): Encanto Homes SubdivisionPlanning Commission Hearing Date: December 2, 2021 SECTION1. BasedontheentirerecordbeforethePlanningCommissionandallwrittenand oral evidencepresented,includingthe PlanningCommissionStaff Reportand allattachments thereto, the Planning Commission finds:ConsistentwithCaliforniaGovernmentCodeSection66474,alegislativebodyofacityorcountyshalldenyapprovalofatentativemap,oraparcelmapforwhichatentativemapwasnot required, if it makes any of the following findings:(a) Thattheproposedmapisnotconsistentwithapplicablegeneralandspecificplansas specified in Section 65451.

AsdescribedintheStaffReport,theproposedProjectisconsistentwiththe2030GeneralPlansincetheproposeddevelopmentisconsistentwiththesite’s landusedesignationofResidentialLow. Pursuantto theOxnardCityCode(OCC)16-410B(J),a “DensityBonus”is“adensityincreaseovertheotherwisemaximumallowableresidentialdensityasofthedateofapplicationtothecityforaqualifiedhousingdevelopment.”At22units,theprojecthasadensityof7unitsperacre,butwiththeDensityBonus,theprojectwillhavea densityofapproximately8.7unitsperacre.Pursuantto theOCCChapter16Division7A,DensityBonusandRelatedIncentivesandConcessionsProgram,andtheState’s DensityBonuslaw(GovernmentCode§65915-§65918)theApplicantrequestedapprovalofthreedevelopmentcodeConcessionsinexchangeforconstructingseven(7)affordablehousingunits.AsidefromtherequesteddevelopmentConcessions,theprojectcomplieswiththestandardsoftheSingle-FamilyResidential(R-1)zoningdistrict.TheTentativeSubdivisionMaphasbeendesignedtobeconsistentwiththeDensityBonusrequestto ensureconsistencywiththeGeneralPlanandlandusedesignationThesubdivisionof landandassociatedimprovementsdonotchangethelanduseofthesubjectsite.Theprojectsiteisnotsubjecttoa SpecificPlan.Therefore,theproposedprojectis incompliancewiththe2030GeneralPlanandotheradoptedpoliciesoftheCity of Oxnard and meets this Finding. (b) Thatthedesignorimprovementoftheproposedsubdivisionisnotconsistentwithapplicable general and specific plans.

Thedesignandimprovementsoftheprojectwillprovidefordevelopmentthatfurthersthe intentof the GeneralPlanandHousingElementto realizethe potentialofneighborhoodimprovementsthatincreaseshousingintheFremontSouthNeighborhoodand is consistent with the 2030 General Plan, as discussed above in Finding 1.a. (c) That the site is not physically suitable for thetype of development.

Thesiteisphysicallysuitablefortheproposedtypeofdevelopmentbecausethesiteisrelativelylevelandanenvironmentalassessmentofthesitedidnotfindanysoilorgeologicconditionsthatwouldmakethesitephysicallyunsuitablefordevelopment.Asthesiteisnotsubjecttosoiland/orgeologicconditionsindicatingsubstrateinstability, the 230
Resolution No. 2020-47PZ 21-550-03 (MJMD: PZ 20-300-04 (TSM for Tract #6054)): Encanto Homes SubdivisionPlanning Commission Hearing Date: December 2, 2021 siteis suitablefor thearchitecturaldesignof theproposeddevelopmentwhichiscompatible with the character of the surrounding neighborhood (d) That the site is not physically suitable for theproposed density of development.

Thesiteis physicallysuitablefortheproposeddensityofdevelopmentbecauseit islocatedwithina developedurbanareaandwillbeservedbyexistingadequatepublicutilities.Utilitiessuchason-siteandoff-siteelectric,cable,telephoneandsimilarutilityservicewillbeinstalledundergroundinaccordancewiththeCityCode.TheprojectwillbeupgradingtwoexistingfirehydrantsandproposingtoinstalltwonewfirehydrantsalongtheWestFirstStreetandWestSecondStreetProjectfrontages.TheupgradesandnewfirehydrantswillmeettheCity’s currentrequirements.Additionally, therearenoidentifiedphysicalconstraintsthat wouldprohibitdevelopmentof the proposedresidentialproject.TheproposedprojectisconsistentwithHousingElementasitwouldadd27newresidentialunits,including3 affordablelow-incomeunitsand4affordablemoderate-incomeunits,totheCity'soverallhousinginventoryandmorespecificallytothe FremontSouthNeighborhood.Theprojectincludesa “LocalPreferenceforAffordableUnits”conditionofapprovalwhichrequiresanearlyadvertisementtolocalresidents in compliance with fair housing law. (e) Thatthedesignofthesubdivisionortheproposedimprovementsarelikelytocausesubstantialenvironmentaldamageor substantiallyandavoidablyinjure fishorwildlife or their habitat.

TheProjectwouldnotlikelycausesubstantialenvironmentaldamageorsubstantiallyandavoidablyinjurefishorwildlifeortheirhabitatbecausenolistedspeciesareknownorexpectedtooccurattheprojectsiteandtheprojectsiteisnotconsideredtobeconducivetoimportantbiologicalresourcesortheirhabitat.Additionally, theprojectsitedoesnothaveanynaturalstandingbodiesofwater, riparianhabitat,orothersensitivenaturalcommunities.FederallyprotectedwetlandcommunitiesarenotthoughtorknowntoexistonthesiteandtheprojectsiteisnotlocatedwithinaBiologicalResourcesAreawhichisknownor thoughtto meethabitatneedsforplantsandanimalsorpromotewildlifemigration or movement. (f) Thatthedesignofthesubdivisionortypeofimprovementsislikelytocauseseriouspublic health problems.

Theprojectwouldallowfortheconstructionof27newresidentialunits,including3affordablelow-incomeunitsand4 affordablemoderate-incomeunits,thatarenotanticipatedtouseorstorelargequantitiesofhazardousmaterials.However, potentiallyhazardousmaterialssuchasfuels,lubricants,andsolventswouldbeusedduringgradingandconstructionof theproposedproject,buttheiruseanddisposalwouldbe toapplicablestandardsandlawsoasto notcreateenvironmentalorhealthissues.Thedesignofthesubdivisionisnotlikelytocauseseriouspublichealthproblemsbecause,as 231
Resolution No. 2020-47PZ 21-550-03 (MJMD: PZ 20-300-04 (TSM for Tract #6054)): Encanto Homes SubdivisionPlanning Commission Hearing Date: December 2, 2021 indicatedbyFinding1.aabove,itwouldutilizeexistingadequatepublicutilities,namelywater and sewer. (g) Thatthedesignofthesubdivisionorthetypeofimprovementswillconflictwitheasements,acquiredbythepublicatlarge,foraccessthroughoruseof,propertywithinthe proposedsubdivision.In thisconnection,thegoverningbodymayapprovea mapif it findsthatalternateeasements,foraccessorforuse,willbeprovided,andthatthesewillbesubstantiallyequivalenttoonespreviouslyacquiredby the public.Thissubsectionshallapplyonlyto easementsof recordor toeasementsestablishedbyjudgmentof a courtofcompetentjurisdictionandnoauthorityisherebygrantedtoalegislativebodytodeterminethatthepublicatlargehasacquiredeasementsforaccessthroughoruseofpropertywithintheproposedsubdivision.

Thedesignof the subdivisiondoesnot conflictwitheasements,acquiredby thepublic-at-large,foraccessthroughoruseofpropertywithinthesubdivisionbecause,asconditioned,nobuildingswouldbelocatedin theareaoftheexistingpublicutilitieseasements,allblanketeasementsorothereasementthatarenolongerneededbytheCityshallbe abandoned,andthereis no needforneworadditionaleasement(s)forthepublic-at-large.

SECTION2. ThePlanningCommission,inaccordancewithSection15332(Class32)of theStateCaliforniaEnvironmentalQualityAct(CEQA)Guidelines,determinesthattheProjectwillnothaveasignificantimpactontheenvironmentandisCategoricallyExemptfromCEQApursuanttoArticle19,Section15332(Class32)oftheStateCEQAGuidelinesandnoExceptionstotheExemptions(Section15300.2)applytodefeattheExemption.ThePlanningandEnvironmentalServicesManageris herebyauthorizedanddirectedto filea NoticeofExemptionwiththeVenturaCountyClerkpursuantto Section15602of theStateCEQAGuidelines within five (5) working days of passage, approval and adoption of this Resolution.

SECTION3. Basedonthefindingssetforthherein,thePlanningCommissionherebyrecommendstheCityCouncilapprovePlanningandZoningPermitNos.20-300-04(TentativeSubdivision Map for T6054), subject to the attached conditions of approval.

SECTION4. The PlanningCommissionherebyrepealsPlanningCommissionResolution 2021-23.

SECTION 5. The Secretary shall certify the adoptionof this Resolution. [CONDITION ON NEXT PAGE]
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Resolution No. 2020-47PZ 21-550-03 (MJMD: PZ 20-300-04 (TSM for Tract #6054)): Encanto Homes SubdivisionPlanning Commission Hearing Date: December 2, 2021

CONDITIONS OF APPROVAL
TheabbreviationsbelowidentifytheCitydepartmentordivisionresponsiblefordeterminingcompliancewiththesestandardconditions.Thefirstdepartmentordivisionlistedhasresponsibilityforcomplianceatplancheck,thesecondduringinspectionandthethirdatfinalinspection,priortoissuanceofa certificateofoccupancy, oratalaterdate,asspecifiedinthecondition.Ifmorethanonedepartmentordivisionislisted,thefirstwillchecktheplansorinspecttheprojectbeforethesecondconfirmscompliancewiththecondition.Theitalicizedcodeattheendofeachconditionprovidesinternalinformationonthesourceofeachcondition:Somearestandardpermitconditions(e.g.G-1) whilesome are taken from environmental documents (e.g.MND-S2).

DEPARTMENTS AND DIVISIONSCA City Attorney PL Planning DivisionDS Dev Services/Eng Dev/InspectorsTR Traffic DivisionPD Police Department B Building Plan CheckerSC Source Control FD Fire DepartmentPK Landscape Design CE Code ComplianceAH Affordable Housing

GENERAL PROJECT CONDITIONS

1. ThispermitisgrantedforthepropertydescribedintheapplicationonfilewiththePlanningDivision, and may not be transferred from one property to another. (PL,G-1).

2. ThispermitisgrantedfortheplansdatedDecember2,2021(“theplans”)onfilewiththePlanningDivision.Theprojectshallconformtotheplans,exceptasotherwisespecifiedintheseconditions,orunlessa minormodificationtotheplansisapprovedbythePlanningandEnvironmentalServicesManager(“PlanningManager”)oramajormodificationtotheplansisapprovedbythePlanningCommission.Aminormodificationmaybegrantedforminimalchangesorincreasesintheextentofuseorsizeofstructuresorofthedesign,materialsorcolorsofstructuresormasonrywalls.Amajormodificationshallberequiredfor substantial changes or increases in such items. (PL,G-2)

3. Thispermitshallautomaticallybecomenullandvoid36monthsfromthedateofitsissuance,unlessDeveloperhasdiligentlydevelopedtheproposedproject,asshownbytheissuanceofa grading,foundation,orbuildingpermitandtheconstructionofsubstantialimprovements. (PL,G-3)

4. Allrequiredoff-siteandon-siteimprovementsfortheproject,includingstructures,paving,andlandscaping,shallbecompletedpriortooccupancyunlesstheDevelopmentServicesManagerallowsDevelopertoprovidesecurityoranexecutedagreementapprovedbytheCity Attorney to ensure completion of such improvements. (DS,G-4) 233
Resolution No. 2020-47PZ 21-550-03 (MJMD: PZ 20-300-04 (TSM for Tract #6054)): Encanto Homes SubdivisionPlanning Commission Hearing Date: December 2, 2021

5. Bycommencinganyactivityrelatedtotheprojectorusinganystructureauthorizedbythispermit,Developeracceptsalloftheconditionsandobligationsimposedbythispermitandwaivesanychallengetothevalidityoftheconditionsandobligationsstatedtherein.(CA,G-5)

6. Developeragrees,as a conditionof adoptionof thisresolution,at Developer’s ownexpense,to indemnify, defendandholdharmlesstheCityanditsagents,officersandemployeesfromandagainstanyclaim,actionorproceedingtoattack,review, setaside,voidor annultheapprovalof theresolutionor anyconditionattachedtheretooranyproceedings,actsordeterminationstaken,doneormadepriorto theapprovalofsuchresolution that were part of the approval process. (CA,G-6)

7. Anycovenants,conditions,andrestrictions(CC&Rs)applicableto theprojectpropertyshallbeconsistentwiththetermsofthispermitandtheCityCode.IfthereisaconflictbetweentheCC&RsandtheCityCodeorthispermit,theCityCodeorthispermitshallprevail. (CA,G-7)

8. Developershallcompletethe“NoticeofLandUseRestrictionsandConditions”form,usingtheformprovidedbytheCity, forrecordingwiththeVenturaCountyRecorder.BeforetheCityissuesbuildingpermits,Developershallsubmittheoriginalcompleted,signedandnotarizeddocument,togetherwiththerequiredfeestothePlanningManager.(PL,G-8)

9. Developershallobtaina buildingpermitforanynewconstructionormodificationstostructures, including interior modifications, authorized by this permit. (B,G-11)

10. Developershallnotpermitanycombustiblerefuseorotherflammablematerialsto beburned on the project property. (FD,G-12)

12. IfDeveloper, ownerortenantfailstocomplywithanyoftheconditionsofthispermit,theDeveloper, ownerortenantshallbesubjecttoacivilfinepursuanttotheCityCode.(CA,G-14)

13. Priortoissuanceofbuildingpermits,DevelopershallcorrectallviolationsoftheCityCodeexistingontheprojectpropertyforwhichtheCodeComplianceDivisionhasopencases.(PL,G-15). 234
Resolution No. 2020-47PZ 21-550-03 (MJMD: PZ 20-300-04 (TSM for Tract #6054)): Encanto Homes SubdivisionPlanning Commission Hearing Date: December 2, 2021

PLANNING DIVISION STANDARD CONDITIONS

14. Anyapplicationfora minormodificationto theprojectshallbeaccompaniedbyfourcopiesofplansreflectingtherequestedmodification,togetherwithapplicableprocessingfees. (PL,PL-2)

15. BeforetheCityissuesbuildingpermits,Developershallincludea reproductionofallconditionsofthispermitasadoptedbyresolutionofthePlanningCommissionand/ortheCityCouncilinallsetsofconstructiondocumentsandspecificationsfortheproject.(PL,PL-3)

16. DevelopermaynotmodifyanyuseapprovedbythispermitunlessthePlanningDivisionManagerdeterminesthatDeveloperhasprovidedtheparkingrequiredbytheCityCodeforthe modified use. (PL,PL-7)

17. DevelopershallpayQuimbyFees(feesforparkacquisitionandimprovement)beforeissuanceofbuildingpermits.TheamountofthefeeshallbecalculatedbythePlanningDivision, and verified by the Parks Division at the time of payment. (PK/B,PL-36)

PLANNING DIVISION SPECIAL CONDITIONS

18. Anapprovedtentativemapshallexpirethirty-six(36)monthsafteritsapproval,unlessanextensionisappliedforandapprovedbytheCityCouncilpursuanttoSection15-46oftheCity Code. (PL)

19. ThispermitisgrantedsubjecttorelatedpermitapplicationsPlanningandZoningPermitNos.20-500-05(SpecialUsePermitfora DevelopmentPlan)and20-535-03(DensityBonus Permit). (PL)

20. FinalMapshallincorporate‘NoBuild’deedrestrictionswithintheAirportRunwayProtection Zone (RPZ) area affecting lots 12 and 13. (PL)

AFFORDABLE HOUSING CONDITIONSINCLUSIONARY HOUSING REQUIREMENTS

21. Inclusionaryhousingrequirementsareapplicabletothisproject.Withabasedensityof22units, 3 units (10%) must be affordable units. (Per Part 3 and 5 of Ordinance 2980) (AH)

22. Theaffordableunitsmustinclude:(3)3-bedroomunitsofferedforsaletohouseholdswithannualincomesatorbelow80%AreaMedianIncome(AMI)forVenturaCounty(PerPart5 (a) of Ordinance 2980) (AH) 235
Resolution No. 2020-47PZ 21-550-03 (MJMD: PZ 20-300-04 (TSM for Tract #6054)): Encanto Homes SubdivisionPlanning Commission Hearing Date: December 2, 2021

23. Priortoofferingtheaffordableunitsforsale,theDeveloperandOwnermustsubmittotheHousingDirectortheproposedsaleamounts,forreviewandapproval,theproposeddatetheaffordableunitswillbeofferedforsale,thelocationoftheaffordableunitswithintheproject,andanyotherinformationrequestedbytheHousingDirector. Thereafter, if theDeveloperandOwnerdesirestochangethesalespriceorlocationofanyoftheaffordableunits, the Developer and Owner must obtain the approval of the Housing Director. (AH)

24. Notlaterthanthedateof applicationforthefirstbuildingpermitfortheproject,theDeveloperandOwnermustcauseto be recordedin theofficeoftheVenturaCountyRecorder, anInclusionaryHousingAgreementapprovedastoformandsubstancebytheHousingDirector. Suchagreementshallidentifytheaffordablehousingunits,restrictthequalifyingincomeofpurchasers,specifythemaximumhousingcostsforsuchunits,andrequireanypurchaserof an affordableunitin theprojectto executean equityshareagreement.The equitysharingagreementmustmeetthe requirementsdefinedinGovernmentCode65915(c)(2)(A),(B),and(C).Thefollowingappliesto theequitysharing agreement:a. Uponresale,theselleroftheunitshallretainthevalueofanyimprovements,thedownpayment,andtheseller’s proportionateshareofappreciation.Thelocalgovernmentshallrecaptureanyinitialsubsidy, asdefinedinsubparagraph(B),and its proportionate share of appreciation, as defined in subparagraph (C).b. Forpurposesofthissubdivision,thelocalgovernment’s initialsubsidyshallbeequaltothefairmarketvalueofthehomeatthetimeofinitialsaleminustheinitialsalepriceto thelow-incomehousehold,plustheamountofanydownpaymentassistanceormortgageassistance.If uponresalethemarketvalueislowerthantheinitialmarketvalue,thenthevalueatthetimeoftheresaleshallbeused as the initial market value.c. Forpurposesofthissubdivision,thelocalgovernment’s proportionateshareofappreciationshallbeequaltotheratioofthelocalgovernment’sinitialsubsidytothe fair market value of the home at the time of initial sale. (AH)25. TheInclusionaryHousingagreementshallestablishspecificcompliancestandardsandspecificremediesavailableto theCityif suchcompliancestandardsarenotmet.Theagreementshall,amongotherthings,specifythenumberofaffordableunitsbylevelofaffordability, numberof bedrooms,andstandardsforqualifyinghouseholdincomesorotherqualifyingcriteria.TheCitymaycollectfeesforanystaff timeexpendedforpreparationoftheagreementandsubsequentcompliancewithsaidagreement,includingconducting eligibility reviews of prospective buyers. (AH)

26. DeveloperandOwnermustcontacttheHousingDepartmentforreviewandapprovaloftheInclusionary Housing Agreement and resale restriction prior to recordation. (AH)

27. DeveloperandOwnershallsubmittotheHousingDirectorinformationabouttheincomeofeachprospectivebuyerofanaffordableunit.TheHousingDirectorshallreviewsuchinformationanddeterminewhethertheprospectivebuyermeetstheincomerequirements 236
Resolution No. 2020-47PZ 21-550-03 (MJMD: PZ 20-300-04 (TSM for Tract #6054)): Encanto Homes SubdivisionPlanning Commission Hearing Date: December 2, 2021 fortheunitandwhethertheproposedpriceoftheunitdoesnotexceedtheaffordablecostfor the income category of the prospective homeowner. (AH)

28. Theaffordableunitsmustbedesignedandconstructedtobearchitecturallyconsistentwithandqualitativelysimilartootherunrestrictedunitsintheproject.Theaffordableunitswillbe dispersed throughout the project. (AH)

29. Whendeterminingthesalespriceoftheaffordableinclusionaryunits,theDeveloperandOwnermustconsiderthatthehousingcostsmaynotbemorethan30%of80%AMIforVenturaCounty. ContacttheHousingDepartmenttoassistyouincalculatingmaximumsales price by unit type. (Per 5(a) of Ordinance 2980). (AH)

30. TheHousingDirectorshallmonitorthe saleof eachaffordableunitto determinecompliancewiththiscondition.IftheHousingDirectordeterminesthatDeveloperisnotmeetingtherequirementsofthiscondition,theHousingDirectorshallsonotifyDeveloperandtheCommunityDevelopmentDirectorinwriting,andnomorebuildingpermitsshallbeissuedfortheprojectuntiltheHousingDirectornotifiestheCommunityDevelopmentDirector, in writing,thatDeveloperandOwneris meetingtherequirementsof thiscondition. (AH)

31. Tothemaximumextentpermittedbyapplicablelaw, DeveloperandOwnerwillestablishapreferenceforthesaleof theaffordableunitsto qualifiedandotherwiselow-incomehouseholds,subjectto otherrestrictionsrelatedto fundingsources.Preferencewillbeestablished as follows:a. Households that live and work in the City of Oxnard.b. Households that live or work in the City of Oxnard;andc. All other households. (AH)

32. DeveloperandOwnerwillatalltimesmaintainalistofinitialapplicantsandsubsequentwaitinglistsofallpersonswhoapplytopurchasetheunit,withinformationsufficienttoranksuchpersonsassetforthherein.PriortoofferinganyUnittoaprospectivebuyerwhoneitherlivesnorworksinOxnard,theDeveloperandOwnerwillofferanyavailableunitorunitstothoseeligibleandotherwisequalifiedapplicantslistedfirstincategorya,andifanyunitsarestillavailablethentothoseprospectivebuyerslistedincategoryb.DeveloperandOwnershallat all timesmakethecurrentandpriorversionsof thewaitinglist,allinformationcollectedrelatingto compliancewiththiscondition,andotheroccupancyinformationavailabletotheCity'sHousingDirectoruponrequest.TheHousingDirectorshallmonitorcompliancewiththiscondition.In additionto allotherremedies,if theHousingDirectordeterminesthatDeveloperandOwnerisnotmeetingtherequirementsofthiscondition,the HousingDirectorshallso notifyDeveloperandOwnerandtheCommunityDevelopmentDirectorinwriting,andnomorebuildingpermitsshallbeissuedfortheprojectuntiltheHousingDirectornotifiestheCommunityDevelopmentDirectorinwriting that Developer and Owner is meeting the requirements of this condition. (AH) 237
Resolution No. 2020-47PZ 21-550-03 (MJMD: PZ 20-300-04 (TSM for Tract #6054)): Encanto Homes SubdivisionPlanning Commission Hearing Date: December 2, 2021

33. Affordableunitsprovidedpursuantto theCity’s Inclusionary ordinancemayonlybeincludedinthecalculationofaffordableunitsprovidedpursuanttodensitybonusstatutes,ordinancesor resolutionsif at least3 of therequireddensitybonusunitsalsosatisfyconditions No. 21 through No. 32 above. (AH)

34. All affordableunitsbeingprovidedto satisfyboththe City’s inclusionaryhousingordinancerequirementsandstatedensitybonusrequirementsmustincludethefollowinghousingrelatedcostswhendeterminingtheaffordablehousingcostat therequiredaffordability levels for each affordable unit:a. Mortgage loan paymentsb. Mortgage insurance paymentsc. Property taxes and assessmentsd. Homeowner association feese. Reasonable utilities allowancef. Insurance premiumsg. Maintenance costsh. Space rent

DENSITY BONUS REQUIREMENTS

35. Priortoissuanceofthefirstbuildingpermitfortheproject,DeveloperandOwnershallenterintoaDensityBonusagreementinaformapprovedbytheHousingDirectorandCityAttorneyensuringthecontinuedaffordabilityoftheseven(7)unitswhichqualifiedtheapplicantforthree(3)densitybonusconcessionsanda23%densitybonusincreaseabovethebasedensityof22unitsforatotalof27units.TheDensityBonusagreementshallberecorded in the Office of the Ventura County Recorder. (AH)

36. TheDensityBonusagreementshallestablishspecificcompliancestandardsandspecificremediesavailabletotheCityofsuchcompliancestandardsarenotmet.Theagreementshall,amongotherthings,specifythenumberofaffordableunitsbyaffordabilitylevel,bynumberof bedrooms,standardsforqualifyinghouseholdincomesor otherqualifyingcriteria,andrequireanypurchaserofanaffordableunitintheprojecttoexecuteanequityshareagreementwiththeCity. TheequitysharingagreementmustmeettherequirementsdefinedinGovernmentCode65915(c)(2)(A),(B),and(C).TheCitymaycollectfeesforanystaff timeexpendedforpreparationoftheagreementandsubsequentcompliancewithsaidagreement,includingconductingeligibilityreviewsof prospectivebuyers.Thefollowing applies to the equity sharing agreement:a. Uponresale,theselleroftheunitshallretainthevalueofanyimprovements,thedownpayment,andtheseller’s proportionateshareofappreciation.Thelocalgovernmentshallrecaptureanyinitialsubsidy, asdefinedinsubparagraph(B),and its proportionate share of appreciation, as defined in subparagraph (C).b. Forpurposesofthissubdivision,thelocalgovernment’s initialsubsidyshallbeequaltothefairmarketvalueofthehomeatthetimeofinitialsaleminustheinitialsalepriceto thelow-incomehousehold,plustheamountofanydown 238
Resolution No. 2020-47PZ 21-550-03 (MJMD: PZ 20-300-04 (TSM for Tract #6054)): Encanto Homes SubdivisionPlanning Commission Hearing Date: December 2, 2021 paymentassistanceormortgageassistance.If uponresalethemarketvalueislowerthantheinitialmarketvalue,thenthevalueatthetimeoftheresaleshallbeused as the initial market value.c. Forpurposesofthissubdivision,thelocalgovernment’s proportionateshareofappreciationshallbeequaltotheratioofthelocalgovernment’sinitialsubsidytothe fair market value of the home at the time of initial sale. (AH)37. Theaffordabilityofthesevenunitsshallbeasfollows:Three(3)unitsmustbemadeavailableforpurchasebyhouseholdswithincomesuptoorbelow80%AMI(lowincome)forVenturaCountyandfour(4)unitsmustbemadeavailableforpurchasebyhouseholdswithincomesuptoorbelow120%AMI(moderateincome),asadjustedforfamilysizeasprovidedin 25 CaliforniaCodeof RegulationsSection6932.TheseunitsshallbedistributedthroughouttheProjectandshallnotdifferinappearance,size,oramenitiesfromotherunitsofthesamesizeintheProject.DeveloperandOwnermustmeetthestandardsas defined in Health and Safety Code Section 50052.5. (AH)

38. Low-IncomeunitsmustmeettheaffordablehousingcostasdefinedinPart5 (a)oftheCity’s Inclusionaryordinance,requiringthatfor low-incomehouseholds,affordablehousingcostshallnotexceedtheproductof 30%of 80%AMIforVenturaCounty.ModerateIncomeunitsmustmeettheaffordablehousingcostasdefinedinHealthandSafetyCodeSection50052.5,requiringthatformoderate-incomehouseholds,affordablehousingcostshallnotbelessthan28percentofthegrossincomeofthehousehold,norexceedtheproductof35percenttimes110percentofareamedianincomeadjustedforfamily size appropriate for the unit. (AH)

39. Priortoofferingtheaffordableunitsforsale,theDeveloperandOwnermustsubmittotheHousingDirectortheproposedsaleamounts,forreviewandapproval,theproposeddatetheaffordableunitswillbeofferedforsale,thelocationoftheaffordableunits,andanyotherinformationrequestedby theHousingDirector. Thereafter, if theDeveloperandOwnerdesiresto changethesalespriceorlocationofanyoftheaffordableunits,theDeveloper and Owner must obtain the approval of the Housing Director. (AH)

40. DeveloperandOwnershallsubmittotheHousingDirectorinformationabouttheincomeofeachprospectivebuyerofanaffordableunit.TheHousingDirectorshallreviewsuchinformationanddeterminewhethertheprospectivebuyermeetstheincomerequirementsfortheunitandwhethertheproposedpriceoftheunitdoesnotexceedtheaffordablecostfor the income category of the prospective homeowner. (AH)

41. TheHousingDirectorshallmonitorthe saleof eachaffordableunitto determinecompliancewiththiscondition.IftheHousingDirectordeterminesthatDeveloperisnotmeetingtherequirementsofthiscondition,theHousingDirectorshallsonotifyDeveloperandtheCommunityDevelopmentDirectorinwriting,andnomorebuildingpermitsshallbeissuedfortheprojectuntiltheHousingDirectornotifiestheCommunityDevelopmentDirector, in writing,thatDeveloperandOwneris meetingtherequirementsof thiscondition. (AH) 239
Resolution No. 2020-47PZ 21-550-03 (MJMD: PZ 20-300-04 (TSM for Tract #6054)): Encanto Homes SubdivisionPlanning Commission Hearing Date: December 2, 2021

42. Tothemaximumextentpermittedbyapplicablelaw, Developerwillestablishapreferencefor thesaleof theaffordableunitsto qualifiedandotherwiseeligiblelowandverylow-incomehouseholds,subjecttootherrestrictionsrelatedtofundingsources.Preferencewill be established as follows:a. Households that live and work in the City of Oxnard.b. Households that live or work in the City of Oxnard; andc. All other households. (AH)

43. DeveloperandOwnerwillatalltimesmaintainalistofinitialapplicantsandsubsequentwaitinglistsofallpersonswhoapplytopurchasetheunit,withinformationsufficienttoranksuchpersonsassetforthherein.PriortoofferinganyUnittoanapplicantwhoneitherlivesnorworksinOxnard,theDeveloperandOwnerwillofferanyavailableunitorunitstothoseeligibleandotherwisequalifiedapplicantslistedfirstincategorya,andifanyunitsarestillavailablethentothoseapplicantslistedincategoryb.Developer/Ownershallatalltimesmakethecurrentandpriorversionsofthewaitinglist,allinformationcollectedrelatingtocompliancewiththiscondition,andotheroccupancyinformationavailabletotheCity'sHousingDirectoruponrequest.TheHousingDirectorshallmonitorcompliancewiththiscondition.Inadditiontoallotherremedies,if theHousingDirectordeterminesthatDeveloperandOwnerisnotmeetingtherequirementsofthiscondition,theHousingDirectorshallsonotifyDeveloperandOwnerandtheCommunityDevelopmentDirectorinwriting,andnomorebuildingpermitsshallbeissuedfortheprojectuntiltheHousingDirectornotifiestheCommunityDevelopmentDirectorin writingthatDeveloperandOwner is meeting the requirements of this condition. (AH)

DEVELOPMENT SERVICES DIVISION STANDARD CONDITIONS

44. Developershallpayplancheckandprocessingfeesineffectatthetimeofconstructionplansubmittalandshallpaydevelopmentfees,encroachmentpermitfees,andotherapplicable fees in effect at permit issuance. (DS-1)

45. Developeragrees,asa conditionofapprovalofthisresolution,toindemnify, defendandholdharmless,atDeveloper’s expense,Cityanditsagents,officersandemployeesfromandagainstanyclaim,actionorproceedingcommencedwithinthetimeperiodprovidedforinGovernmentCodeSection66499.37,toattack,review, setaside,voidorannultheapprovalofthisresolutionortodeterminethereasonableness,legalityorvalidityofanyconditionattachedthereto.CityshallpromptlynotifyDeveloperofanysuchclaim,actionorproceedingofwhichCityreceivesnotice,andCitywillcooperatefullywithDeveloperinthedefensethereof.DevelopershallreimburseCityforanycourtcostsandattorney'sfeesthatCitymayberequiredtopayasaresultofanysuchclaim,actionorproceeding.Citymay, in itssolediscretion,participatein thedefenseofanysuchclaim,actionorproceeding,butsuchparticipationshallnotrelieveDeveloperoftheobligationsofthiscondition.Developer’s acceptanceofthisresolutionorcommencementofconstructionoroperationsunderthisresolutionshallbedeemedtobeacceptanceofallconditionsthereof.(DS-18) 240
Resolution No. 2020-47PZ 21-550-03 (MJMD: PZ 20-300-04 (TSM for Tract #6054)): Encanto Homes SubdivisionPlanning Commission Hearing Date: December 2, 2021

46. Theconditionsofthisresolutionshallprevailoverallomissions,conflictingnotations,specifications,dimensions,typicalsections,andthelike,thatmayormaynotbeshownonthe improvement plans. (DS-21)

47. Priortoapprovalofthefinalmaporparcelmap,DevelopershallprovidetheCityEngineerwithwrittenevidencefromtheVenturaCountyClerk'sOfficethatDeveloperhasexecutedandfiledwiththeClerkallcertificates,statementsandsecuritiesrequiredbyGovernmentCode Sections 66492 and 66493. (DS-26)

48. DevelopershalldedicatetotheCityallwaterrightsfortheprojectpropertybytitlesheetdedication on the final map or parcel map. (DS-39)

49. Priortoreleaseofthefinalmaporparcelmapforrecordation,DevelopershallprovidetheCityEngineerwitha100-scalebasemapforaddressingpurposes.Themapshallbedrawnon18-inchby24-inchmylarandshallshowthestandardaddressmaptitleblock,northarrow, streetnames,tractnumber, phaseboundaryandlotnumbers.TheCitywillassignall addresses. (DS-56)

50. Priorto releaseof thefinalmapor parcelmapforrecordation,DevelopershallpostsecuritysatisfactorytotheCityAttorneyguaranteeingthatallsurveymonumentswillbeset as required by the Government Code and the City Code. (DS-57)

DEVELOPMENT SERVICES DIVISION SPECIAL CONDITIONS

51. DevelopershallprocessthefinalmapassociatedwiththispermitconcurrentwiththesiteimprovementplansforPlanningandZoningpermitNos.20-500-05(SpecialUsePermitforaDevelopmentPlanPermit)and18-535-01(DensityBonusPermit).ThefinalmapshallbeprocessedforrecordationconcurrentwithapprovalofthePZ20-500-05and20-535-03site improvement plans. (DS)

52. Developershalloffera30-footpublicdedicationandlocateright-of-waylinetothebackoftheproposedfrontagesidewalksonWestSecondStreetandWestFirstStreet,a 40-footpublicdedicationforSouthKStreet,anda10-footpublicdedicationforthepublicalleytothe satisfaction of the City Engineer. (DS)

53. ShowonTract6054FinalMapaneasementfortheHomeowner’sAssociation(HOA)thatprovidesshareduseandmaintenanceoftheproposedprivatealley, andonsitesewermainandstormdrainsystems.Allimprovementsintheprivatealley, includingbutnotlimitedtothepavement,undergroundsewermainandstormdrainfacilities,shallbeprivatelyownedandmaintainedby theHOA.TheDevelopershalldevelopandrecordtheCovenants,Conditions,andRestrictions(“CC&Rs”)tolegallybindallaffectedlotstothealley, stormdrain,andsewerimprovementsandamechanismtocollectfeesnecessarytomaintaintheimprovements through the HOA. (DS) 241
Resolution No. 2020-47PZ 21-550-03 (MJMD: PZ 20-300-04 (TSM for Tract #6054)): Encanto Homes SubdivisionPlanning Commission Hearing Date: December 2, 2021

54. Priorto thefinalmaprecordation,DevelopershallobtainwrittenconfirmationfromtheCountyofVenturaforthelocationoftheOxnardAirportRunwayProtectionZone(RPZ)area.Developershallrecorda“NoticeofLandUseRestrictionsandConditions”formonLots12and13,usingtheformprovidedbytheCity, forrecordingwiththeVenturaCountyRecordertonotifyfuturepropertyownersoftheOxnardAirportRunwayProtectionZonerestrictions.BeforetheCityissuesbuildingpermits,Developershallsubmittheoriginalcompleted,signedandnotarizeddocument,togetherwiththerequiredfeestothePlanningManager. (DS, PL)

55. Developer, shallonthefinalmap,showalleasementsthatarenolongerneededfortheirintendedusetobevacated.EasementvacationsshallbeprocessedthroughtheCityCouncilforfinalapprovalandtheDevelopershallberesponsibleforallfeesassociatedwiththehearing, easement vacation document preparation, and review by the City. (DS)

56. Showonthefinalmap,aneasementforthefullwidthoftheprivatealleytograntaccesstoall governmental agencies providing for the public safety, health and welfare. (DS)

TRAFFIC DIVISION SPECIAL CONDITIONS

57. Exceptforalleyaccess,DevelopershallrelinquishontheFinalMapallvehicleaccessrightsalongWestSecondStreet,SouthKStreet,andWestFirstStreet.Suchvehicleaccessrights shall be granted to the City of Oxnard. (TR) [SIGNATURES ON NEXT PAGE]
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Resolution No. 2020-47PZ 21-550-03 (MJMD: PZ 20-300-04 (TSM for Tract #6054)): Encanto Homes SubdivisionPlanning Commission Hearing Date: December 2, 2021 PASSED,APPROVED,ANDADOPTEDbythePlanningCommissionoftheCityofOxnardonthis 2nd day of December 2021.

Daniel Chavez Jr., Chair
I herebycertifythattheforegoingis a truecopyofa ResolutionadoptedbythePlanningCommissionoftheCityofOxnardatameetingheldthis2nddayofDecember2021,andcarriedby the following vote:

AYES: Commissioner(s):Chair Chavez, Vice Chair Arruejo, Connelly, Myer,Nash, and Sanchez NOES: Commissioner(s):None
ABSENT: Commissioner(s):None
ABSTAIN: Commissioner(s):None
RECUSED:Commissioner(s):Lopez
Scott Kolwitz, Secretary
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COMMUNITY DEVELOPMENT DEPARTMENTOXNARD PLANNING DIVISION214 SOUTH C STREETOXNARD, CALIFORNIA 93030

NOTICE OF EXEMPTION
Project Name: Encanto Homes Subdivision- PlanningandZoningPermitNo.PZ20-500-05(SpecialUsePermitfor aDevelopmentPlan);PZ20-300-04(TentativeSubdivisionMapforT6054);andPZ20-535-03(DensityBonus),request toDemolishexistinginfrastructureconsistingofmodularclassroombuildingsandsiteimprovementsservingthe former OxnardUnionHighSchool’s Adult EducationProgram; Subdivide the Project 4.10-acresiteinto27lotsrangingbetween3,838and9,946squarefeetinsizeanddedicationofapproximately1-acreoflandforthebenefitofpublic right-of-way for existing and proposed roadway improvements along all four sides of the proposeddevelopment. The net developable area will be 3.13acres; Allowfor the constructionof27detachedsingle-familydwellingunits. The single-story, three bedroomhomes will offer a twoplanmixwithtwounitsizes(1,149&1,201square feet) and attached or detached 484 square-foot two-car garages with alley access and associated siteimprovements; The Project alsoincludes a request for the ministerial approval of a DensityBonus Permit toallowfor a 23 percent Density Bonus to increase the maximumnumber of units from22-units to 27-units. Of the 27homes, twenty (20) of the homes will be market rate, seven(7) of the homes will be affordable units as follows:three (3) units will be set aside for low-income households andfour (4) units willbesetasideformoderate-incomehouseholds. Approval of thefollowingDensityBonusConcessions/incentivesarerequestedpursuanttoGovernmentCode Section 65915(d) (State’s Density Bonus law): reduce the minimumlot area from6,000 square feet tolotsaveraging 5,332.6 square feet; reduce the minimumlot dimensions: frontage andwidthfrom50-feet to32-feet orgreater withtwoflaglots havingfrontages of 14and20feet anddepthfrom100feetto71feet;andreducetherearyardsetbackfrom25-feet to5-feet toallowthe garages inthe rear yard. The Project site is locatedat1101&1111West SecondStreet withinthe ResidentialLowlandusedesignation,SingleFamilyResidential(R-1)zone,andisintheFremontSouthNeighborhood.Forpurposesofthisstaffreport,theforegoingProjectdescriptionshallbereferredtoas the “Project”. FiledbyHenryCasillas, onbehalf of the OxnardUnionHighSchool District, propertyowner,451 West Fifth Street, Oxnard, California 93030.

Finding:The Planning Division of the Development Services Department of the City of Oxnard has reviewed the aboveproposed project and found it to be exempt from the provisions of the California Environmental Quality Act(CEQA). ☐ Ministerial Project☒ Categorical Exemption
☐ Statutory Exemption
☐ Emergency Project
☐ Quick Disapproval [CEQA Guidelines, 14 Cal. Codeof Regs. 15270] ☐ No Possibility of Significant Effect [CEQA Guidelines, 14 Cal. Code of Regs. 15061(b)(3)] Supporting Reasons: Inaccordance withSection15332(Infill Development) of California EnvironmentalQualityAct (CEQA) Guidelines, projects involving“in-fill development”maybefoundtobeexemptfromtherequirementsof the CEQA. The proposed Project meets the requirements of a Class 32Categorical Exemptionbecause it: (i) isconsistent withthe Cityof Oxnard2030GeneralPlandesignationandallapplicableGeneralPlanpoliciesaswellaswithapplicable zoningdesignationandregulationsforthereasonssetforthbelow;(ii)theproposedProjectiswithintheCitylimitsonasiteofnomorethanfiveacres;(iii)theProjectsitehasnovalueashabitatforendangered,rareorthreatened species; (iv) approval of the Project will not result inanysignificant effects relatingtotraffic, noise, airquality, orwaterquality;and(v)theProjectsitecanbeadequatelyservedbyallrequiredutilitiesandpublicservices.BasedontheaboveexemptionandinaccordancewithCEQA,thePlanningCommissionhasdeterminedthatthereisno substantial evidence that the proposed project may have a significant effect on the environment, the project isCategoricallyExempt fromthe provisions of CEQA,thereisnorequirementtoprepareanenvironmentaldocument,andherebyauthorizes anddirects the PlanningandEnvironmental Services Manager tofile a Notice ofExemptionwith the Ventura County Clerk. _________________________________(Date)
_________________________________Scott Kolwitz,Planning & Environmental Services Manager 244
245
RESOLUTION NO.

A RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFOXNARDAPPROVINGPLANNINGANDZONING(PZ)PERMITNO.20-300-04(TENTATIVETRACTMAPNO.6054)ASMODIFIEDBYPZ21-550-03(MAJORMODIFICATION)TO SUBDIVIDEA 4.10-ACRESITEINTO 27PARCELSTOCONSTRUCT27DETACHEDSINGLE-FAMILYHOMESON27 SEPARATELOTSRANGINGBETWEEN3,891AND10,584SQUAREFEETIN AREA.THEDEVELOPED4.10-ACRESITEIS ZONEDFORSINGLEFAMILYRESIDENTIAL(R-1)ANDISLOCATEDAT 1101&1111WESTSECONDSTREET(APN:202-0-233-355)WITHINTHEFREMONTSOUTHNEIGHBORHOOD.THEPROJECTINCLUDESTHEDEDICATIONOFAPPROXIMATELY1-ACREOFLANDFORTHEBENEFITOFPUBLICRIGHT-OF-WAY FOR EXISTINGAND PROPOSEDROADWAYIMPROVEMENTSALONGALL FOURSIDESOF THEPROPOSEDDEVELOPMENT. FILEDBYHENRY CASILLAS,ONBEHALFOFTHEOXNARDUNIONHIGHSCHOOLDISTRICT, PROPERTYOWNER,451WEST FIFTH STREET, OXNARD, CALIFORNIA 93030.

WHEREAS,onJuly16,2020,designatedagentHenryCasillasonbehalfoftheOxnard,UnionHighSchoolDistrict,PropertyOwner, (the“Applicant”and/or“Developer”)submittedaPre-Application(PZ20-600-05)pursuanttoSenateBill(SB)330andlockingdevelopmentfeesandstandardstothosedesignstandardsandfeesthatwereinplaceattimethatPre-Application(SB330) was filed with the City; and WHEREAS,onNovember3, 2020,designatedagentHenryCasillasonbehalfoftheOxnard,UnionHighSchoolDistrict,PropertyOwner, (the“Applicant”and/or“Developer”)submittedarequestforaTentativeTractMapofTractNo.6054,pursuanttoOxnardCityCodeSection15-10,toallowtheconstructionof27singlefamilysubdivisionofa4.10-acresiteinto27lotsrangingbetween3,838and9,946squarefeetinsizeanddedicationofapproximately1-acreof landfor thebenefitof publicright-of-wayfor existingandproposedroadwayimprovementsalongallfoursidesoftheproposeddevelopment;onasitecommonlyknownastheOxnardUnionHighSchoolAdultEducationschoolsitelocatedat1101&1111WestSecondStreet; and WHEREAS,thetheTentativeTractMapNo.6054wasdesignedtobeconsistentwiththeassociated Density Bonus application (PZ No. 20-535-03); and WHEREAS,on August26,2021,thePlanningCommissionof theCityof Oxnard(“PlanningCommission”) conducteda dulynoticedpublichearingto considerApplicant’srequesttoapprovePlanningandZoningPermitNo.20-300-04(TentativeTractMapNo.6054)to accommodatea 27 singlefamilyhomesubdivisionona 4.10-acresitewithlotsrangingbetween3,838and9,946squarefeetinaccordancewithChapter15(SubdivisionOrdinance)oftheOxnardCityCodeandtheStateSubdivisionMapAct,filedbyHenryCasillas,onbehalfof 246
Resolution No.PZ 20-300-04 (Tentative Tract Map No. 6054): Encanto Homes SubdivisionJanuary 4, 2022Page2of19 theOxnardUnionSchoolDistrict,PropertyOwner, 451WestFifthStreet,OxnardCalifornia93030; and WHEREAS,onNovember1,2021,theApplicantfiledPlanningandZoningPermitNo.21-550-03(MajorModification),proposalto repealResolutionNos.2021-23and2021-24adoptedbythePlanningCommissiononAugust26,2021tomodifytheconfigurationoffive(5)ofthe27lotsduetoanunderlyingagreementbetweentheOxnardUnionHighSchoolDistrictandthepropertyownersof1101WestFirstStreet.ThechangetotheproposedsiteplanandTentativeTractMapNo.6054willcarveouta126squarefoot(netarea)triangularshapedareaof Lot 27 and said land will be deeded to the adjacent property (1101 West First Street); and WHEREAS,thefivelotshavebeenreconfiguredtoaccommodatethe126square-footareatobeexcludedandcomplywiththeCity’s developmentstandards,TentativeTractMaplotarea,andtheintentofthePlanningCommission’s entitlementreviewandactionsonAugust26,2021,relatedto PlanningandZoningPermit20-500-05(SpecialUsePermitforPlannedDevelopment);PZ20-300-04(TentativeTractMapNo.6054);andPZ20-535-03(DensityBonus)toallowthesubdivisionofa4.10-acresiteinto27lotstoallowfortheconstructionof27single-story, threebedroomhomeswithattachedanddetachedtwo-cargarageswithalleyaccess;and WHEREAS,themodifiedTentativeTractMapNo.6054wasdesignedtobeconsistentwith the associated Density Bonus application (PZ No. 20-535-03); and WHEREAS,saidTentativeTractMapwasreferredtovariouspublicutilitycompanies,City departments and the Development Advisory Committee for recommendations; and WHEREAS,theproposedsubdivision,togetherwiththeprovisionsforitsdesignandimprovement, is consistent with the 2030 General Plan; and WHEREAS,theTentativeTractMapconformsto theCity's2030GeneralPlanandelements thereof; and WHEREAS,onDecember2,2021,thePlanningCommissionconductedadulynoticedpublichearingto reconsiderprojectsitemodificationsandre-entitlementof applicationapprovals for actions taken by the Planning Commission at its August 26, 2021; and WHEREAS,thePlanningCommissionof theCityof Oxnardconsidereda relatedapplicationfor PlanningandZoningPermitNos.20-500-05(SpecialUsePermitfor aDevelopment Plan); and 20-535-03 (Density Bonus Permit); and WHEREAS,thePlanningCommissionfound,afterduestudy, deliberationandpublichearing,thattheprojectmeetsthecriteriasetoutinCaliforniaGovernmentCode§65915to§ 247
Resolution No.PZ 20-300-04 (Tentative Tract Map No. 6054): Encanto Homes SubdivisionJanuary 4, 2022Page3of19 65918andto theCity’s DensityBonusandRelatedIncentivesandConcessionsProgram(Division 7A, OCC Section 16-410A to 16-410V, inclusive); and WHEREAS,GovernmentCodeSection65915andOxnardCityCode(OCC)Sections16-410Mand16-410OrequirethatwhenahousingdevelopermeetscertaincriteriaforaDensityBonus,thelocaljurisdictionmustgrantoneormoreregulatoryincentivesorConcessionsunlessthecitymakesa writtenfindingthattheConcessionsorincentivesarenotrequiredinordertoprovide for affordable housing costs as defined by state law; and WHEREAS,thePlanningCommissionfoundthattheProjectmeetsallnecessarycriteriaofGovernmentCodeSection65915andOCCSectionOCC16-410HtobeconsideredeligibleforthreeConcessionsanda23percentDensityBonustoincreasethemaximumnumberofunitsfrom22-unitsto27-unitsbecauseseven(7)ofthehomeswillbeaffordableunitsasfollows:Three(3)unitswillbesetasideforlow-incomehouseholdsandfour(4)unitswillbesetasidefor moderate-incomehouseholds.Approvalof the followingDensity BonusConcessions/incentivesarerequestedpursuanttoGovernmentCodeSection65915(d)(State’sDensityBonuslaw):reducetheminimumlotareafrom6,000squarefeetto lotsaveraging5,332.6squarefeet;reducetheminimumlotdimensions:frontageandwidthfrom50-feetto32-feetorgreaterwithtwoflaglotshavingfrontagesof14and20feetanddepthfrom100feetto71feet;andreducetherearyardsetbackfrom25-feetto5-feetprimarilytoallowthegaragesin the rear yard; and WHEREAS,thePlanningCommissionfoundthattherequestedConcessionis notcontrary to any federal or state law; and WHEREAS,thePlanningDivisioncompletedapreliminaryenvironmentalassessmentofthe Projectin accordancewiththe CaliforniaEnvironmentalQualityAct(CEQA)anddeterminedthattheProjectis subjectto a Class32CategoricalExemption(Section15332).Further, theprojectdoesnottriggeranyoftheExceptionstotheExemptions(Section15300.2)to defeat the Exemption; and WHEREAS,thePlanningCommissionfoundthattheapplicantagreeswiththenecessityofandacceptsallelements,requirements,andconditionsofthisresolutionasbeingareasonablemannerofpreserving,protecting,providingfor, andfosteringthehealth,safety, andwelfareofthecitizenryingeneralandthepersonswhowork,visitorliveinthissubdivisioninparticularandrecommendedtheCityCounciloftheCityofOxnard(“CityCouncil”)toapprovePlanningand Zoning Permit No. 21-300-04 Tentative Tract Map No. 6054; and WHEREAS,on January4, 2022,theCityCouncilconducteda dulynoticedpublichearingtoconsiderApplicant’s requesttoapprovePlanningandZoningPermitNo.21-300-04TentativeTractMapNo.6054asmodifiedbyPZNo.21-550-03(MajorModification),reviewedtherequest,andcarefullyreviewedthePlanningCommission’s ResolutionNo. 2021-47, 248
Resolution No.PZ 20-300-04 (Tentative Tract Map No. 6054): Encanto Homes SubdivisionJanuary 4, 2022Page4of19 recommendingapprovaloftheTentativeTractMapNo.6054,subjecttocertainfindingsandconditions; and WHEREAS,the CityCouncilfindsthe proposedsubdivision,togetherwiththeprovisionsforitsdesignandimprovement,isconsistentwiththe2030GeneralPlan,OxnardCityCode,City’s InclusionaryHousing(OrdinanceNo.2980),andtheStateDensityBonuslaw(Government Code §65915 - §65918); and WHEREAS,the PlanningDivisionhas completeda preliminaryenvironmentalassessmentoftheProjectinaccordancewiththeCaliforniaEnvironmentalQualityAct(CEQA)anddeterminedthattheProjectis subjectto a Class32 CategoricalExemption(§15332).Further, theprojectdoesnottriggeranyoftheExceptionsto theExemptions(§15300.2)todefeat the Exemption:
(a) Location.Classes3,4,5,6,and11arequalifiedbyconsiderationofwheretheprojectis to be located-- a projectthatis ordinarilyinsignificantinitsimpactontheenvironmentmayina particularlysensitiveenvironmentbesignificant.Therefore,theseclassesare consideredtoapplytoallinstances,exceptwhere theprojectmayimpacton an environmentalresource ofhazardousor criticalconcernwhere designated,preciselymapped,andofficially adopted pursuant to law by federal, state, or local agencies.

TheprojectsitehasaGeneralPlanlandusedesignationofResidentialLowandResidentialSingle-Family(R-1)zone. Theprojectis surroundedby urbandevelopment.TheProjectsitecurrentlycontainsvacantmodularstructuresastheOxnardAdultSchooleducationprogramhasmovedto the1800SolarDrive.Existingdevelopmentimprovementsconsistofapproximately25,000squarefeetof modularportableclassroombuildingsin a campus-likeconfigurationthatservedthe formerOxnardAdultSchooleducationprogram.TheProjectissurroundedbyresidentialdevelopmentto thenorth,south,east,andwest.Theprojectsiteandadjacentsitesdonotcontainanyknownenvironmentalresourceofhazardousorcriticalconcern.Therefore,theprojectwillhavenoimpactonanenvironmental resource of hazardous or critical concern. (b) CumulativeImpact.Allexemptionsfortheseclassesare inapplicablewhenthecumulativeimpactofsuccessiveprojectsofthesametypeinthesameplace, over time is significant.

Theproposeddemolitionoftheexistingschoolfacilitiesandconstructionof27single-familyhomesandwithassociatedamenitiesandinfrastructureon isconsistentwiththe2030GeneralPlan,theOxnardCityCode,theStateDensityBonuslaw(GovernmentCode§ 65915-§65918),andis compatiblewiththe 249
Resolution No.PZ 20-300-04 (Tentative Tract Map No. 6054): Encanto Homes SubdivisionJanuary 4, 2022Page5of19 physicalscaleandcharacterofotherresidentialdevelopmentintheprojectarea.Anyprojectsrequiringdiscretionaryapprovalwouldbeanalyzedwiththe2030GeneralandtheOxnardCityCodeforconsistencyandCEQAforanypotentialimpacts. Therefore, the project will have no significant cumulative impact. (c) SignificantEffect.Acategoricalexemptionshallnotbeusedforanactivitywherethereisareasonablepossibilitythattheactivitywillhaveasignificanteffect on the environment due to unusual circumstances.

TheProjectwillnotresultin an unusualcircumstancethatwouldcausetheProjecttohaveasignificanteffectontheenvironment.Theprojectwillnotaltertheurbancharacterofthesurroundingdevelopmentasdeterminedbythe2030GeneralPlanandthepropertydoesnotcontainanyunusualenvironmentalcharacteristicsasthepropertyisgenerallysurroundedbyresidentialdevelopment.Therefore,theprojectwillnothaveasignificanteffectontheenvironmentduetounusual circumstances. (d) ScenicHighways.A categoricalexemptionshallnotbeusedfora projectwhichmayresultindamagetoscenicresources,includingbutnotlimitedto,trees,historicbuildings,rockoutcroppings,orsimilarresources,withinahighwayofficiallydesignatedasa statescenichighway. Thisdoesnotapplytoimprovements,whichare requiredasmitigationbyanadoptednegativedeclaration or certified EIR.

The project is not located in or adjacent to a state designated scenic highway. (e) HazardousWasteSites.A categoricalexemptionshallnotbe usedforaprojectlocatedonasite,whichisincludedonanylistcompiledpursuanttoSection 65962.5 of the Government Code.

TheproposedprojectsiteisnotincludedonanylistcompiledpursuanttoSection65962.5 of the Government Code as confirmed by staff on June 21, 2021. (f) HistoricalResources.Acategoricalexemptionshallnotbeusedforaproject,whichmaycausea substantialadversechangein thesignificanceof ahistorical resource.

Theprojectdoesnotcontainanexistingorpotentiallandmark,pointofinterest,orhistoricresource,anditisnotlocatedwithinanexisting,proposed,orpotentialHistoricDistrict.Therefore,theproposedprojectwillnotcausea substantialadverse change in the significance of a historical resource. 250
Resolution No.PZ 20-300-04 (Tentative Tract Map No. 6054): Encanto Homes SubdivisionJanuary 4, 2022Page6of19 WHEREAS,theCityCouncilfindsthattheapplicantagreeswiththenecessityofandacceptsall elements,requirements,andconditionsofthisResolutionasbeinga reasonablemannerofpreserving,protecting,providingfor, andfosteringthehealth,safety, andwelfareofthecitizenryingeneralandthepersonswhowork,visitorliveinthissubdivisioninparticular;and NOW, THEREFORE,BEIT RESOLVEDBYTHECITYCOUNCILOFTHECITYOFOXNARD:

SECTION1. BasedontheentirerecordbeforetheCityCouncilandallwrittenandoralevidencepresented,includingtheCityCouncilStaffReportandallattachmentsthereto,theCityCouncil finds:ConsistentwithCaliforniaGovernmentCodeSection66474,alegislativebodyofacityorcountyshalldenyapprovalofatentativemap,oraparcelmapforwhichatentativemapwasnot required, if it makes any of the following findings:(a) Thattheproposedmapisnotconsistentwithapplicablegeneralandspecificplansas specified in Section 65451.

AsdescribedinthePlanningCommission(December2,2021)andCityCouncil(January4, 2022)Staff Reports,theproposedProjectisconsistentwiththe2030GeneralPlansincetheproposeddevelopmentis consistentwiththesite’s landusedesignationofResidentialLow. Pursuantto theOxnardCityCode(OCC)16-410B(J),a “DensityBonus”is“adensityincreaseovertheotherwisemaximumallowableresidentialdensityasofthedateofapplicationtothecityforaqualifiedhousingdevelopment.”At22units,theprojecthasadensityof7unitsperacre,butwiththeDensityBonus,theprojectwillhavea densityofapproximately8.7unitsperacre.Pursuantto theOCCChapter16Division7A,DensityBonusandRelatedIncentivesandConcessionsProgram,andtheState’s DensityBonuslaw(GovernmentCode§65915-§65918)theApplicantrequestedapprovalofthreedevelopmentcodeConcessionsinexchangeforconstructingseven(7)affordablehousingunits.AsidefromtherequesteddevelopmentConcessions,theprojectcomplieswiththestandardsoftheSingle-FamilyResidential(R-1)zoningdistrict.TheTentativeTractMaphasbeendesignedtobeconsistentwiththeDensityBonusrequesttoensureconsistencywiththeGeneralPlanandlandusedesignationThesubdivisionoflandandassociatedimprovementsdonotchangethelanduseofthesubjectsite.Theprojectsiteis notsubjectto a SpecificPlan.Therefore,theproposedprojectis incompliancewiththe2030GeneralPlanandotheradoptedpoliciesoftheCityofOxnardand meets this Finding. 251
Resolution No.PZ 20-300-04 (Tentative Tract Map No. 6054): Encanto Homes SubdivisionJanuary 4, 2022Page7of19 (b) Thatthedesignorimprovementoftheproposedsubdivisionisnotconsistentwithapplicable general and specific plans.

Thesiteisphysicallysuitablefortheproposedtypeofdevelopmentbecausethesiteisrelativelylevelandanenvironmentalassessmentofthesitedidnotfindanysoilorgeologicconditionsthatwouldmakethesitephysicallyunsuitablefordevelopment.Asthesiteisnotsubjecttosoiland/orgeologicconditionsindicatingsubstrateinstability, thesiteis suitablefor thearchitecturaldesignof theproposeddevelopmentwhichiscompatible with the character of the surrounding neighborhood (d) That the site is not physically suitable for theproposed density of development.

TheProjectwouldnotlikelycausesubstantialenvironmentaldamageorsubstantiallyandavoidablyinjurefishorwildlifeortheirhabitatbecausenolistedspeciesareknownorexpectedtooccurattheprojectsiteandtheprojectsiteisnotconsideredtobeconducivetoimportantbiologicalresourcesortheirhabitat.Additionally, theprojectsitedoesnot 252
Resolution No.PZ 20-300-04 (Tentative Tract Map No. 6054): Encanto Homes SubdivisionJanuary 4, 2022Page8of19 haveanynaturalstandingbodiesofwater, riparianhabitat,orothersensitivenaturalcommunities.FederallyprotectedwetlandcommunitiesarenotthoughtorknowntoexistonthesiteandtheprojectsiteisnotlocatedwithinaBiologicalResourcesAreawhichisknownor thoughtto meethabitatneedsforplantsandanimalsorpromotewildlifemigration or movement. (f) Thatthedesignofthesubdivisionortypeofimprovementsislikelytocauseseriouspublic health problems.

Theprojectwouldallowfortheconstructionof27newresidentialunits,including3affordablelow-incomeunitsand4 affordablemoderate-incomeunits,thatarenotanticipatedtouseorstorelargequantitiesofhazardousmaterials.However, potentiallyhazardousmaterialssuchasfuels,lubricants,andsolventswouldbeusedduringgradingandconstructionof theproposedproject,buttheiruseanddisposalwouldbe toapplicablestandardsandlawsoasto notcreateenvironmentalorhealthissues.Thedesignofthesubdivisionisnotlikelytocauseseriouspublichealthproblemsbecause,asindicatedbyFinding1.aabove,itwouldutilizeexistingadequatepublicutilities,namelywater and sewer. (g) Thatthedesignofthesubdivisionorthetypeofimprovementswillconflictwitheasements,acquiredbythepublicatlarge,foraccessthroughoruseof,propertywithinthe proposedsubdivision.In thisconnection,thegoverningbodymayapprovea mapif it findsthatalternateeasements,foraccessorforuse,willbeprovided,andthatthesewillbesubstantiallyequivalenttoonespreviouslyacquiredby the public.Thissubsectionshallapplyonlyto easementsof recordor toeasementsestablishedbyjudgmentof a courtofcompetentjurisdictionandnoauthorityisherebygrantedtoalegislativebodytodeterminethatthepublicatlargehasacquiredeasementsforaccessthroughoruseofpropertywithintheproposedsubdivision.

SECTION2. TheCityCouncil,in accordancewithSection15332(Class32)oftheStateCaliforniaEnvironmentalQualityAct(CEQA)Guidelines,determinesthattheProjectwillnothavea significantimpactontheenvironmentandis CategoricallyExemptfromCEQApursuantto Article19,Section15332(Class32)of theStateCEQAGuidelinesandnoExceptionstotheExemptions(Section15300.2)applytodefeattheExemption.ThePlanning 253
Resolution No.PZ 20-300-04 (Tentative Tract Map No. 6054): Encanto Homes SubdivisionJanuary 4, 2022Page9of19 andEnvironmentalServicesManageris herebyauthorizedanddirectedto filea NoticeofExemptionwiththeVenturaCountyClerkpursuantto Section15602of theStateCEQAGuidelines within five (5) working days of passage, approval and adoption of this Resolution.

SECTION3. Basedonthefindingssetforthherein,theCityCouncilherebyapprovesPlanningandZoningPermitNos.20-300-04(TentativeSubdivisionMapforTractMapNo.6054asmodifiedbyPZNo.21-550-03(MajorModification)),subjecttotheattachedconditionsof approval.

SECTION 4. The Secretary shall certify the adoptionof this Resolution.

CONDITIONS OF APPROVALTheabbreviationsbelowidentifytheCitydepartmentordivisionresponsiblefordeterminingcompliancewiththesestandardconditions.Thefirstdepartmentordivisionlistedhasresponsibilityforcomplianceatplancheck,thesecondduringinspectionandthethirdatfinalinspection,priortoissuanceofa certificateofoccupancy, oratalaterdate,asspecifiedinthecondition.Ifmorethanonedepartmentordivisionislisted,thefirstwillchecktheplansorinspecttheprojectbeforethesecondconfirmscompliancewiththecondition.Theitalicizedcodeattheendofeachconditionprovidesinternalinformationonthesourceofeachcondition:Somearestandardpermitconditions(e.g.G-1) whilesome are taken from environmental documents (e.g.MND-S2).

GENERAL PROJECT CONDITIONS

1. ThispermitisgrantedforthepropertydescribedintheapplicationonfilewiththePlanningDivision, and may not be transferred from one property to another. (PL,G-1).

2. ThispermitisgrantedfortheplansdatedJanuary4,2022(“theplans”)onfilewiththePlanningDivision.Theprojectshallconformtotheplans,exceptasotherwisespecifiedintheseconditions,orunlessa minormodificationtotheplansisapprovedbythePlanningandEnvironmentalServicesManager(“PlanningManager”)oramajormodificationtotheplansisapprovedbythePlanningCommission.Aminormodificationmaybegrantedforminimalchangesorincreasesintheextentofuseorsizeofstructuresorofthedesign,materialsorcolorsofstructuresormasonrywalls.Amajormodificationshallberequiredfor substantial changes or increases in such items. (PL,G-2) 254
Resolution No.PZ 20-300-04 (Tentative Tract Map No. 6054): Encanto Homes SubdivisionJanuary 4, 2022Page10of19

9. Developershallobtaina buildingpermitforanynewconstructionormodificationstostructures, including interior modifications, authorized by this permit. (B,G-11)

10. Developershallnotpermitanycombustiblerefuseorotherflammablematerialsto beburned on the project property. (FD,G-12)

11. Developershallnotpermitanymaterialsclassifiedasflammable,combustible,radioactive,carcinogenicorotherwisepotentiallyhazardoustohumanhealthtobehandled,storedor 255
Resolution No.PZ 20-300-04 (Tentative Tract Map No. 6054): Encanto Homes SubdivisionJanuary 4, 2022Page11of19 usedontheprojectproperty, exceptasprovidedinapermitissuedbytheFireChief.(FD,G-13)

12. IfDeveloper, ownerortenantfailstocomplywithanyoftheconditionsofthispermit,theDeveloper, ownerortenantshallbesubjecttoacivilfinepursuanttotheCityCode.(CA,G-14)

13. Priortoissuanceofbuildingpermits,DevelopershallcorrectallviolationsoftheCityCodeexistingontheprojectpropertyforwhichtheCodeComplianceDivisionhasopencases.(PL,G-15).

PLANNING DIVISION STANDARD CONDITIONS

14. Anyapplicationfora minormodificationto theprojectshallbeaccompaniedbyfourcopiesofplansreflectingtherequestedmodification,togetherwithapplicableprocessingfees. (PL,PL-2)

16. DevelopermaynotmodifyanyuseapprovedbythispermitunlessthePlanningDivisionManagerdeterminesthatDeveloperhasprovidedtheparkingrequiredbytheCityCodeforthe modified use. (PL,PL-7)

PLANNING DIVISION SPECIAL CONDITIONS

18. Anapprovedtentativemapshallexpirethirty-six(36)monthsafteritsapproval,unlessanextensionisappliedforandapprovedbytheCityCouncilpursuanttoSection15-46oftheCity Code. (PL)

19. ThispermitisgrantedsubjecttorelatedpermitapplicationsPlanningandZoningPermitNos.20-500-05(SpecialUsePermitfora DevelopmentPlan)and20-535-03(DensityBonus Permit). (PL)

20. FinalMapshallincorporate‘NoBuild’deedrestrictionswithintheAirportRunwayProtection Zone (RPZ) area affecting lots 12 and 13. (PL) 256
Resolution No.PZ 20-300-04 (Tentative Tract Map No. 6054): Encanto Homes SubdivisionJanuary 4, 2022Page12of19

AFFORDABLE HOUSING CONDITIONSINCLUSIONARY HOUSING REQUIREMENTS

21. Inclusionaryhousingrequirementsareapplicabletothisproject.Withabasedensityof22units, 3 units (10%) must be affordable units. (Per Part 3 and 5 of Ordinance 2980) (AH)

22. Theaffordableunitsmustinclude:(3)3-bedroomunitsofferedforsaletohouseholdswithannualincomesatorbelow80%AreaMedianIncome(AMI)forVenturaCounty(PerPart5 (a) of Ordinance 2980) (AH)

24. Notlaterthanthedateof applicationforthefirstbuildingpermitfortheproject,theDeveloperandOwnermustcauseto be recordedin theofficeoftheVenturaCountyRecorder, anInclusionaryHousingAgreementapprovedastoformandsubstancebytheHousingDirector. Suchagreementshallidentifytheaffordablehousingunits,restrictthequalifyingincomeofpurchasers,specifythemaximumhousingcostsforsuchunits,andrequireanypurchaserof an affordableunitin theprojectto executean equityshareagreement.The equitysharingagreementmustmeetthe requirementsdefinedinGovernmentCode65915(c)(2)(A),(B),and(C).Thefollowingappliesto theequitysharing agreement:a. Uponresale,theselleroftheunitshallretainthevalueofanyimprovements,thedownpayment,andtheseller’s proportionateshareofappreciation.Thelocalgovernmentshallrecaptureanyinitialsubsidy, asdefinedinsubparagraph(B),and its proportionate share of appreciation, as defined in subparagraph (C).b. Forpurposesofthissubdivision,thelocalgovernment’s initialsubsidyshallbeequaltothefairmarketvalueofthehomeatthetimeofinitialsaleminustheinitialsalepriceto thelow-incomehousehold,plustheamountofanydownpaymentassistanceormortgageassistance.If uponresalethemarketvalueislowerthantheinitialmarketvalue,thenthevalueatthetimeoftheresaleshallbeused as the initial market value.c. Forpurposesofthissubdivision,thelocalgovernment’s proportionateshareofappreciationshallbeequaltotheratioofthelocalgovernment’sinitialsubsidytothe fair market value of the home at the time of initial sale. (AH) 257
Resolution No.PZ 20-300-04 (Tentative Tract Map No. 6054): Encanto Homes SubdivisionJanuary 4, 2022Page13of19

25. TheInclusionaryHousingagreementshallestablishspecificcompliancestandardsandspecificremediesavailableto theCityif suchcompliancestandardsarenotmet.Theagreementshall,amongotherthings,specifythenumberofaffordableunitsbylevelofaffordability, numberof bedrooms,andstandardsforqualifyinghouseholdincomesorotherqualifyingcriteria.TheCitymaycollectfeesforanystaff timeexpendedforpreparationoftheagreementandsubsequentcompliancewithsaidagreement,includingconducting eligibility reviews of prospective buyers. (AH)

26. DeveloperandOwnermustcontacttheHousingDepartmentforreviewandapprovaloftheInclusionary Housing Agreement and resale restriction prior to recordation. (AH)

DENSITY BONUS REQUIREMENTS

36. TheDensityBonusagreementshallestablishspecificcompliancestandardsandspecificremediesavailabletotheCityofsuchcompliancestandardsarenotmet.Theagreementshall,amongotherthings,specifythenumberofaffordableunitsbyaffordabilitylevel,bynumberof bedrooms,standardsforqualifyinghouseholdincomesor otherqualifyingcriteria,andrequireanypurchaserofanaffordableunitintheprojecttoexecuteanequityshareagreementwiththeCity. TheequitysharingagreementmustmeettherequirementsdefinedinGovernmentCode65915(c)(2)(A),(B),and(C).TheCitymaycollectfeesforanystaff timeexpendedforpreparationoftheagreementandsubsequentcompliancewithsaidagreement,includingconductingeligibilityreviewsof prospectivebuyers.Thefollowing applies to the equity sharing agreement:a. Uponresale,theselleroftheunitshallretainthevalueofanyimprovements,thedownpayment,andtheseller’s proportionateshareofappreciation.Thelocalgovernmentshallrecaptureanyinitialsubsidy, asdefinedinsubparagraph(B),and its proportionate share of appreciation, as defined in subparagraph (C).b. Forpurposesofthissubdivision,thelocalgovernment’s initialsubsidyshallbeequaltothefairmarketvalueofthehomeatthetimeofinitialsaleminustheinitialsalepriceto thelow-incomehousehold,plustheamountofanydownpaymentassistanceormortgageassistance.If uponresalethemarketvalueislowerthantheinitialmarketvalue,thenthevalueatthetimeoftheresaleshallbeused as the initial market value.c. Forpurposesofthissubdivision,thelocalgovernment’s proportionateshareofappreciationshallbeequaltotheratioofthelocalgovernment’sinitialsubsidytothe fair market value of the home at the time of initial sale. (AH)37. Theaffordabilityofthesevenunitsshallbeasfollows:Three(3)unitsmustbemadeavailableforpurchasebyhouseholdswithincomesuptoorbelow80%AMI(lowincome)forVenturaCountyandfour(4)unitsmustbemadeavailableforpurchasebyhouseholdswithincomesuptoorbelow120%AMI(moderateincome),asadjustedforfamilysizeasprovidedin 25 CaliforniaCodeof RegulationsSection6932.TheseunitsshallbedistributedthroughouttheProjectandshallnotdifferinappearance,size,oramenitiesfromotherunitsofthesamesizeintheProject.DeveloperandOwnermustmeetthestandardsas defined in Health and Safety Code Section 50052.5. (AH)

38. Low-IncomeunitsmustmeettheaffordablehousingcostasdefinedinPart5 (a)oftheCity’s Inclusionaryordinance,requiringthatfor low-incomehouseholds,affordablehousingcostshallnotexceedtheproductof 30%of 80%AMIforVenturaCounty.ModerateIncomeunitsmustmeettheaffordablehousingcostasdefinedinHealthandSafetyCodeSection50052.5,requiringthatformoderate-incomehouseholds,affordablehousingcostshallnotbelessthan28percentofthegrossincomeofthehousehold,nor 260
Resolution No.PZ 20-300-04 (Tentative Tract Map No. 6054): Encanto Homes SubdivisionJanuary 4, 2022Page16of19 exceedtheproductof35percenttimes110percentofareamedianincomeadjustedforfamily size appropriate for the unit. (AH)

43. DeveloperandOwnerwillatalltimesmaintainalistofinitialapplicantsandsubsequentwaitinglistsofallpersonswhoapplytopurchasetheunit,withinformationsufficienttoranksuchpersonsassetforthherein.PriortoofferinganyUnittoanapplicantwhoneitherlivesnorworksinOxnard,theDeveloperandOwnerwillofferanyavailableunitorunitstothoseeligibleandotherwisequalifiedapplicantslistedfirstincategorya,andifanyunitsarestillavailablethentothoseapplicantslistedincategoryb.Developer/Ownershallatalltimesmakethecurrentandpriorversionsofthewaitinglist,allinformationcollectedrelatingtocompliancewiththiscondition,andotheroccupancyinformationavailabletotheCity'sHousingDirectoruponrequest.TheHousingDirectorshallmonitorcompliancewiththiscondition.Inadditiontoallotherremedies,if theHousingDirectordetermines 261
Resolution No.PZ 20-300-04 (Tentative Tract Map No. 6054): Encanto Homes SubdivisionJanuary 4, 2022Page17of19 thatDeveloperandOwnerisnotmeetingtherequirementsofthiscondition,theHousingDirectorshallsonotifyDeveloperandOwnerandtheCommunityDevelopmentDirectorinwriting,andnomorebuildingpermitsshallbeissuedfortheprojectuntiltheHousingDirectornotifiestheCommunityDevelopmentDirectorin writingthatDeveloperandOwner is meeting the requirements of this condition. (AH)

DEVELOPMENT SERVICES DIVISION STANDARD CONDITIONS

46. Theconditionsofthisresolutionshallprevailoverallomissions,conflictingnotations,specifications,dimensions,typicalsections,andthelike,thatmayormaynotbeshownonthe improvement plans. (DS-21)

48. DevelopershalldedicatetotheCityallwaterrightsfortheprojectpropertybytitlesheetdedication on the final map or parcel map. (DS-39)

49. Priortoreleaseofthefinalmaporparcelmapforrecordation,DevelopershallprovidetheCityEngineerwitha100-scalebasemapforaddressingpurposes.Themapshallbedrawnon18-inchby24-inchmylarandshallshowthestandardaddressmaptitleblock,north 262
Resolution No.PZ 20-300-04 (Tentative Tract Map No. 6054): Encanto Homes SubdivisionJanuary 4, 2022Page18of19 arrow, streetnames,tractnumber, phaseboundaryandlotnumbers.TheCitywillassignall addresses. (DS-56)

DEVELOPMENT SERVICES DIVISION SPECIAL CONDITIONS

56. Showonthefinalmap,aneasementforthefullwidthoftheprivatealleytograntaccesstoall governmental agencies providing for the public safety, health and welfare. (DS)

TRAFFIC DIVISION SPECIAL CONDITIONS

57. Exceptforalleyaccess,DevelopershallrelinquishontheFinalMapallvehicleaccessrightsalongWestSecondStreet,SouthKStreet,andWestFirstStreet.Suchvehicleaccessrights shall be granted to the City of Oxnard. (TR) PASSED,APPROVED,ANDADOPTEDbytheCityCounciloftheCityofOxnard,StateofCalifornia, held on the 4th day of January, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:
_____________________________John C. Zaragoza, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ___________________________Rose Chaparro, City Clerk Stephen M. Fischer, City Attorney 264
Encanto Single Family Subdivision
Planning and Zoning Permit No.
20-300-04 Tentative Tract Map No. 6054
as modified by 21-550-03 (Major Modification)
1101 & 1111 West Second Street
Filed by Henry Casillas, on behalf of
Oxnard Union High School District
Juan Martinez, Associate Planner
Scott Kolwitz, Planning Manager
Vyto Adomaitis, Community Development Director
City Council
January 4, 2022
265
Project Description - Tentative Tract Map No. 6054 2
● Subdivision request proposes:
○ Subdivide an existing 4.1 acre site (Gross Area)
○ Dedicate approximately 1-acre of land for the benefit of public right-of-way (existing and proposed roadway improvements) ○ Subdivide a 3.13 acres (Net Area) into 27 lots ranging between between 3,891 and 10,584 square feet (Average 5,332.6 square feet)
○ Provide an overlay easement over the private alley that will require property owners to maintain in perpetuity, and
○ Create a 19,466 sf (0.4 acre) ‘No-Build’ zone (19,466 sf) within the Airport Restricted Zone (RPZ).
266
Existing & Surrounding Uses 3

LOCATION ZONING GENERAL PLAN EXISTING LAND USE
Project Site Single Family (R-1) Residential Low (RL) Former Oxnard Union High School District Adult Education
North Single Family (R-1) Residential Low (RL) Single Family Homes South Community Reserve
(CR) Park (PRK) School District/
Future Campus Park
East Single Family (R-1) Residential Low (RL) Single Family Homes West
Single Family (R-1)
General Commercial
Planned Development
(C-2-PD)
Residential Low (RL)
Airport Compatible (AC)
Single Family Homes
Oxnard Homeless Solutions
Center (former Oxnard National
Guard Armory)
Fremont South
Neighborhood
Vicinity Map
SITE
267
General Plan & Zoning Maps 4
RLM
Residential Low Medium
R1
Single Family Residential
2030 General Plan Zoning Map
268
Tentative Tract Map 6054 5
269
Background - Planning Commission Action 6
● August 26, 2021, Planning Commission
○ Found the Project to be Exempt from the California Environmental Quality Act (CEQA); and
○ Approved a Special Use Permit for a Development Plan (SUP) and Density Bonus (DB), subject to certain findings and conditions; and ○ Recommended that City Council approve Tentative Tract Map No.6054, subject to certain findings and conditions.
● November 1, 2021, Applicant filed Planning and Zoning Permit No. 21-550-03 (Major Modification)
○ A request to reconfigure five (5) of the 27 lots due to an underlying agreement between the Oxnard Union High School District and the property owners of 1101 West Second Street.
● December 2, 2021, Planning Commission
○ Found the Project to be Exempt from the CEQA; and
○ Rescinded SUP and DB approvals from August 26, 2021; and ○ Approved a SUP and DB, subject to certain findings and conditions; and ○ Recommended that City Council approve Tentative Tract Map No.6054, subject to certain findings and conditions.
270
Background - Planning Commission Action 7
Special Use Permit - PZ 20-500-05 (Special Use Permit for a Development Plan)
● Allow the construction of 27 detached single-family dwelling units. ● Single-story, three bedroom homes will offer a two plan mix with two unit sizes (1,149 & 1,201 square feet) and attached or detached 484 square-foot two-car garages with alley access.
● Associated site improvements.
● Planning Commission - Approval Authority
Density Bonus Permit - PZ 20-535-03 (Density Bonus)
● Allow for a 23 percent Density Bonus to increase the maximum number of units from 22-units to 27-units.
● Twenty (20) market rate & seven (7) homes will be affordable units ● Three (3) Low Income & four (4) moderate income units ● Planning Commission - Approval Authority
271
8Tentative Tract Map - Lot Configuration Changes
272
9TTM #6064 Lots 23-27
August 2021 December 2021
273
10TTM #6064 Lots 23-27
274
Site Plan & Landscape Setting - Updated Site Plan 11
275
12Community Setting
Second Street
First Street
K Street
I Street
276
● In accordance with Section 15332 (Class 32, In-Fill Development) of the California Environmental Quality Act (CEQA) Guidelines, projects characterized as in-fill development may be found to be exempt from the requirements of CEQA.

Environmental Review 13
277
Key Conditions of Approval - TTM
● Condition 19: Acknowledges related and necessary SUP/DB Permits ● Condition 21-43: Inclusionary Housing, Density Bonus, agreement developer/owner
● Condition 52: Right-of-way dedication: First St. (30-feet); Second St. (30-feet); South K St. (40-feet); & public alley (10-feet) ● Conditions 53: HOA shared access and maintenance of private alley, sewer main, & storm drain systems
14 278
That the City Council:
● Conduct a public hearing;
● Find the Project to be Exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15332 (In-fill Development Projects) of the CEQA Guidelines;
● Adopt a Resolution approving Planning and Zoning Permit No. 20-300-04 (Tentative Tract Map No. 6054) as modified by PZ No. 21-550-03 (Major Modification), subject to certain findings and conditions.

Recommendation 15
279
End of Presentation
City Council Hearing: January 4, 2022
280

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. K.1

DATE: January 4, 2022

TO: City Council

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]

SUBJECT: Budget Appropriation for Irrigation Repairs. (0/10/5)

RECOMMENDATION

That the City Council approve and authorize a budget appropriation in the amount of $400,000 from the General Fund available fund balance to the Parks Division for the use of citywide irrigation repairs.

Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/JriS2GYcW1Y

BACKGROUND

On December 14, 2021, staff provided a drought condition update and presentation to the Public Works and Transportation Committee (PWTC). The report addresses questions and concerns related to the City’s water conservation compliance, enforcement, and penalties and credits. This update is being presented to the City Council on January 4, 2022.

Currently, the City has 36 General Fund parks and just over 120 acres of parkways and medians that require irrigation repairs to achieve water efficiency. These areas fell into a state of disrepair after years of budget cuts and deferred maintenance. With the passage of Measure E in November 2020, staff was given direction to create a plan for restoring the maintenance of the citywide street landscapes and parks. The plan that was approved included contracting for maintenance services within these areas. However, these contracts are only for mowing, pruning, pest control, and trash clean-up. Irrigation repairs were not included within these contracts.

Staff worked with the City’s geographic information system (GIS) Team to develop a real-time map of the needed irrigation repairs throughout the City. Because of the Park Division’s limited staffing, there are not enough employees to dedicate to just irrigation repairs. Therefore, they have not been able to maintain a schedule for irrigation repairs because of continual emergencies that shift staff priorities. Recently, landscape contractors were added through an existing on-call contract to assist with the street landscape irrigation repairs. However, this contract only has $160,000 remaining and will be spent within a few months.

DISCUSSION
The City must lead the efforts for water stewardship among our residents. A partnership between Parks and the Water Division has been made to enhance the GIS map of needed repairs and to also address the aging irrigation infrastructure and the lack of an existing irrigation inventory. Staff will be performing irrigation efficiency surveys at each site that will identify the components and locations of needed repairs or replacement of components for maximum efficiency.

The requested appropriation of $400,000 from the General Fund available fund balance will provide funds to contract the irrigation repairs and improvements of irrigation systems for greater efficiency throughout the City. The proposed 281
amount is an estimate for the remainder of this current Fiscal Year. Additional funds may be required in future Fiscal Years given the large amount of deferred maintenance related to the irrigation systems maintained by the City. These initial funds will allow the City to get ahead of water efficiency and compliance prior to the potential water restrictions that may be imposed this spring.

Please click the following link to view the required Measure M pre-recorded presentation video:

STRATEGIC PRIORITIES

FINANCIAL IMPACT

The current FY 2021-22 Parks General Fund budget includes $12,000 for irrigation supplies for the street trees and landscapes and just over $34,000 for backflow repair and replacement. The current on-call irrigation repair contract with Garcia’s Landscape for $200,000 originated in Special Districts, but has the capacity to be utilized by the parks and street landscapes by using the General Fund for the remaining $160,000 of available contract services. The appropriation from the General Fund available fund balance for an additional $400,000 will require a new bid for on-call irrigation repairs and irrigation supplies and should be placed in the operations budget account #101-5705-805.82-09.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Steve Howlett, Assistant Public Works Director

ATTACHMENTS

1. Budget Appropriation

2. Presentation
282
Department: Date:

Project/Program
Manager: Phone:

Reason for Appropriation:

Accounts and Descriptions AMOUNT
Fund:

Expenditures/Transfers Out
400,000
Sub-total Expenditures 400,000
Net Change to Fund Balance (400,000)
Net Appropriation Change 400,000
Approvals
Department Director
Chief Financial Officer
City Manager

REQUEST FOR BUDGET APPROPRIATION
Public Works/Engineering January 4, 2022
Steve Howlett 805-385-7900
GENERAL FUND (101)
PARKS: TREES AND MEDIANS
101-5705-805-82-09 CONTRACTS AND SERVICES
Budget appropriation from General Fund available fund balance for citywide irrigation repairs.

REQUIRES CITY COUNCIL AUTHORIZATION
BA# (Finance Use Only)______________
BA Doc# (Finance Use Only)___________
Revised : 2/23/2012
283
Budget Appropriation for Irrigation Repairs
City Council
January 4, 2022
Steve Howlett
Assistant Public Works Director
284

RECOMMENDATION
2 285

BACKGROUND
3 • Currently, the City has 36 General Fund parks and just over 120 acres of parkways and medians that require irrigation repairs to achieve water efficiency.
• Staff worked with the City’s geographic information system (GIS) Team to develop a real-time map of the needed irrigation repairs throughout the City.

• Recently, landscape contractors were added through an existing on -call contract to assist with the street landscape irrigation repairs.

However, this contract only has $160,000 remaining and will be spent within a few months.
286

DISCUSSION
4 • The City must lead the efforts for water stewardship among our residents.
• A partnership between Parks and the Water Division has been made to enhance the GIS map of needed repairs and to also address the aging irrigation infrastructure and the lack of an existing irrigation inventory.
• The requested appropriation of $400,000 from the General Fund available fund balance will provide the funds necessary to contract the irrigation repairs and improvements of irrigation systems for greater efficiency throughout the City.

• This will allow the City to get ahead of water efficiency and compliance prior to the potential water restrictions that may be imposed this spring.
287
• The current FY 2021-22 Parks General Fund budget includes $12,000 for irrigation supplies for the street trees and landscapes and just over $34,000 for backflow repair and replacement.

• The current on-call irrigation repair contract with Garcia’s Landscape for $200,000 originated in Special Districts, but has the capacity to be utilized by the parks and street landscapes by using the General Fund for the remaining $160,000 of available contract services.

• The appropriation from the General Fund available fund balance for an additional $400,000 will require a new bid for on-call irrigation repairs and irrigation supplies and will be funded in the operations budget account #101-5705-805.82-09.

FINANCIAL IMPACT
5 288
6 This is the footer.
289

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. K.2

DATE: January 4, 2022

TO: City Council

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]

SUBJECT: Update on Drought Condition Report. (0/10/5)

RECOMMENDATION

That the City Council:

1. Approve the City stay in a Stage 2 water shortage condition pursuant to the City Council approved Resolution No. 14,741;

2. Provide feedback on the water conservation outreach, education, and enforcement plan; and

3. Provide feedback on a potential new resolution with the appropriate water shortage stage and conservation measures should a 0% allocation be finalized in Spring 2022. (Public Works and Transportation Committee approved 3-0) Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/r6RGyLuhcGo

BACKGROUND

On October 26, 2021, staff provided a drought condition update and presentation to the Public Works and Transportation Committee (PWTC). At the meeting, staff was asked to address questions and concerns related to the City’s conservation compliance, enforcement, penalties and credits and to return with an updated staff report. Additionally, California’s drought condition and recommendations from the Department of Water Resources are frequently changing, as well as the actions taken by Metropolitan Water District and Calleguas Municipal Water District. As such, new information has since come forth and has been added to the updates below. Because of the fluid nature of this topic, staff may provide additional information at the PWTC meeting. Additionally, staff anticipates bringing back another drought update to the PWTC and the City Council in Spring 2022 when more information is known about the snowpack levels and other data that may impact water supplies to the City.

Latest Drought Information Update
On October 19, 2021, Governor Gavin Newsom issued a proclamation expanding the drought emergency statewide. The governor’s proclamation now includes the eight counties that had previously not been included under the state of emergency: Imperial, Los Angeles, Orange, Riverside, San Diego, San Bernardino, San Francisco and Ventura. The proclamation requires all water suppliers to implement water shortage contingency plans that are responsive to their local conditions, preparing for the likelihood of a third consecutive dry year. The proclamation also provides assistance and funding under the California Disaster Assistance Act. Governor Newsom is urging Californians to increase their efforts to attain the 15 percent voluntary water use reduction.

The Metropolitan Water District (Met) states that “despite extraordinary measures taken by Met, it’s member agencies, 290
and others in Southern California, further and immediate action is needed to preserve and stretch limited State Water Project (SWP) supplies and urgent action is also necessary to slow the draw from Met’s SWP supplies stored in surface reservoirs and groundwater basins throughout the State.” On November 9, 2021, Met’s Board of Supervisors adopted a resolution declaring a regional drought emergency. The resolution calls upon member agencies to take all reasonable measures to reduce their dependence on SWP supplies for the duration of the emergency and to implement appropriate voluntary and mandatory drought actions from their Water Shortage Contingency Plans. Specifically, the resolution calls upon all member agencies to:
Review the adequacy of their past drought response measures. Make all reasonably practicable changes in their operations to reduce their use of SWP supplies. Immediately implement such conservation requirements, water-use efficiency measures, and drought-related limitations as are appropriate to reduce the use of SWP supplies, including those SWP supplies already in storage.

Each year, California’s Department of Water Resources (DWR) provides an allocation percentage using a Water Supply Allocation Plan formula. Allocations represent the amount of SWP water that DWR will deliver for the year and is reviewed monthly based on several factors, such as water in storage, environmental requirements, and rain and snow runoff projections. The allocated supply of water is sold to Met, which then wholesales it to Calleguas, which then sells it to the City of Oxnard.

On December 1, 2021 DWR announced an initial 0% allocation given the extremely dry conditions and low storage in major reservoirs. As part of DWR’s standard practice, an initial allocation notice is provided early in the water year. This is not the final allocation, however it is a good indication of what DWR is contemplating. The final DWR allocation expected to be announced in April/May 2022 is highly dependent on precipitation and snowpack in the Sierras over the next winter months. If the final allocation for 2022 is anything above 0%, even 5% as they were in Calendar Year 2021, then Met should have more flexibility in meeting demands for its SWP dependent areas and therefore, Oxnard should not be heavily impacted. A 0% allocation means Calleguas will not receive additional SWP supplies, resulting in Calleguas utilizing their existing water supplies to meet their customer water demands.

Should a 0% allocation be finalized in April/May, a health and safety needs only scenario (the worst-case scenario), Met would lose its flexibility in meeting demands for state water project-dependent areas and would be limited by the State to serve potable water for “health and safety needs” only. This has the potential to mean “no outdoor water use” for a portion of the calendar year 2022.

Following in line with Met’s actions, Calleguas Municipal Water District (CMWD) adopted Resolution No. 2033 on November 17, 2021 calling on all purveyors (City of Oxnard) to reduce water consumption demand by 15% compared to 2020 levels. The resolution places responsibility on the purveyor to implement the appropriate water conservation measures to achieve the 15% reduction. CMWD’s potential measures for purveyors to enact to achieve reduction include:
Restrict irrigation hours to evening and early morning hours. Prohibit non-essential irrigation (ex., golf courses and parks) and limit water use for essential irrigation. Restrict or disallow irrigation entirely.
Disallow the use of water to fill ornamental lakes, ponds, pools, and fountains. Limit or disallow the washing of vehicles.
Disallow the spraying of outdoor paved surfaces and using potable water for street cleaning. Restrict the use of water from fire hydrants for construction purposes. Implement a rate structure for charges and penalties for water use restriction violations.

Some of the proposed conservation measures, such as restrictions on irrigation hours and no spraying of outdoor paved surfaces, are already implemented under Oxnard’s Stage 2 water shortage, Resolution No. 14,741 and Oxnard City Code on prohibited water waste, Sec. 22-136.

If insufficient SWP supplies fail to develop in early 2022, CMWD may invoke powers under California Water Code 291
Section 350 to implement mandatory actions.

DISCUSSION
Follow-up to Committee and City Manager’s Questions:

The Oxnard Water Division takes the following actions when water waste is reported or observed:

Education and Enforcement Hierarchy
1st
Violation
Courtesy
Notice/
Educational
Letter
7 day Post
Letter
Follow-up
Phone Call
For a first violation, the city may give written notice of the fact of such violation to the customer by personal service, by delivery through regular United States mail addressed to the customer's residence, or any other means reasonably designed to notify the customer of the violation. The notice contains a description of violation, lists all prohibited water waste, and provides resources such as rebate information.

Follow up to see if the customer has received the educational letter. Discuss if the issue has been addressed and offer additional information/resources. 2nd
Violation
Letter -
Warning of
Penalty
Letter may contain a description of the facts of the violation, a statement of the possible penalties for violation and a statement informing the customer of his/her right to request an adjustment or an appeal.
3rd
Violation
Penalty A surcharge may be imposed on the customer in an amount equal to 25 percent of the most recent utility bill (exclusive of the sewer and refuse portion of the bill), or $25, whichever is greater, payable as part of the utility bill for the location at which the violation occurred.
4th
Violation
Penalty A surcharge may be imposed on the customer in an amount equal to 50 percent of the most recent utility bill (exclusive of the sewer and refuse portion of the bill), or, $50, whichever is greater, payable as part of the utility bill for the location at which the violation occurred.

The surcharges stated above are pursuant to the City of Oxnard Municipal Code Section 22-137 (Failure to Comply). However, over the past 12 months, the Water Division has received 118 reports of water waste and has yet to impose surcharges to gain compliance by the property owner. The “Additional Violations” section noted above is part of the City’s administrative citation process and may be used in the event of non-compliance with Stage 2 requirements or violations of the City’s Municipal Code with the assistance of the City’s Code Enforcement team.

As a phased approach to outreach and enforcement, staff recommends the following:

Phase 1
The City will move forward with enhanced conservation messaging leveraging a variety of different communication outlets; including digital media (Facebook, Instagram, Twitter and Nextdoor), print media (flyers, utility bill inserts, newspaper ads ), and messaging through other platforms (radio ads , City billboards, and DMV ads). Messaging will emphasize the City’s Stage 2 water shortage restrictions, such as the twice a week outdoor watering schedule, and provide resources for saving water, such as rebates and incentive programs. All communications will be done in both English and Spanish.

The messaging will be coordinated with Metropolitan Water District (Met) to continue a unified regional message in the 292
media and outreach campaigns in order to communicate the need for continued conservation to the general public, businesses, stakeholders, industries, and public officials. In Met’s November 9, 2021 Drought Resolution, their General Manager was directed to coordinate with the member agencies and bring to the Met Board an appropriate regional message to communicate the status of the statewide drought emergency and specified emergency conditions within the Metropolitan service area and the need for continued conservation to the general public, businesses, stakeholders, industries, and public officials. The City will utilize the regional messaging developed by Met and Calleguas Municipal Water District (CMWD) to keep messaging consistent.

Development Services shall verify at the time of landscape plan check submittal, that the landscape planting and irrigation plans comply with the current title 23 Model Water Efficient Landscape Ordinance (MWELO). Consistent with City Council Resolution 14,741, irrigation of newly constructed home and building exteriors with potable water is prohibited unless drip or micro spray systems are used.

Continued reporting of water waste by all Oxnard staff by utilizing the 311 app or by email, [email protected], or by calling the Oxnard Public Works call center at (805) 385-8136. Under Phase 1 there are no active water ambassadors patrolling for water waste violations.

Residents, Home Owners Associations (HOA), commercial establishments, municipal customers, and schools are all required to follow the City’s mandatory water conservation measures listed under the Stage 2 Water Shortage.

Additionally, “an HOA shall not issue a fine or assessment on a homeowner for reducing or eliminating the watering of vegetation or lawns during a state or locally-declared drought emergency,” (Civil Code section 4735(c)).

All reports of water waste are logged in a tracking spreadsheet maintained by water conservation staff within the Water Division. Historical data has shown that the informational and educational approach has been well received by the community and generally does not go further than a warning of penalty within the education and enforcement hierarchy plan.

Supporting Data
During the past 12 months, only 11 of 118 water waste reports required an additional follow-up. In the past 6 months, only 7 of 79 water waste reports required an additional follow-up. A follow-up is completed when a second complaint, either by the same person or someone different, is reported.

In Oxnard, the overall water demand has continued to decline from peak usage from 26,703 acre-feet of water in the beginning of the previous drought commencing in Fiscal Year 2013-14 to 21,847 acre-feet of water in Fiscal Year 2019-

20. Based on water consumption during Fiscal Year 2014 to water consumption data during Fiscal Year 2019-20 there has been an average reduction in overall water use of 15 percent. Oxnard’s residents and business have been doing their part to address the State’s drought and water supplies issues for over eight years. As such, staff recommends the above education and enforcement process and remaining at Stage 2.

Phase 2
Should a 0% State Water Project (SWP) allocation be finalized by the Department of Water Resources (DWR) in Spring 2022, staff recommends moving to Phase 2 of the outreach, education, and enforcement plan. It should be noted that a 0% allocation means only the baseline amount of water will be supplied from the SWP.

Staff would bring back for the Council’s consideration a new resolution with the appropriate water shortage stage and conservation measures that are in line with any of Met’s and CMWD’s mandated restrictions. The conservation messaging campaigns will be strengthened while following in line with CMWD and Met’s outreach and education plan.

Based upon current information from Met, a 0% SWP allocation would likely require water usage for public health and safety only and zero outdoor watering if in alignment with Met’s mandatory water use restrictions. A proposed City Council resolution would reflect appropriate restrictions and requirements consistent with Met’s and/or CMWD’s requirements. These could include increased penalties, issuing administrative citations and penalties for first violations. Furthermore, a resolution could include additional restrictions as outlined in the Oxnard Municipal Code Section 22-154 (C)(2), which include:
293
Identifying maximum allowed water use
Not issuing new construction meters or short-term water use unless reclaimed or non-potable water is used, unless potable water use is necessary to protect the health, safety or welfare Require expeditious leak repair within 48 hours after discovery of such leak, break or malfunction, or receipt of notice from the city of such condition, whichever comes first Limits on swimming pools; new and refilling of existing Limits on agricultural use
Limit new water service

In addition to City staff continuing to report water waste violations while in the field, the Water Division will have employees designated as Water Conservation Ambassadors to actively patrol predetermined portions of the City, looking for violations of the water waste ordinance. A rotating schedule would be established to ensure that mornings, evenings, and weekends are patrolled evenly throughout the City.

Example water patrol schedule:

Week 1: Districts 1, 2, and 3
Week 2: Districts 4, 5, and 6
When violations are identified, ambassadors will log the violation type, location, time, take a photo of the issue and list any other useful observations. Violation logs will be turned into the Water Conservation Supervisor, who will coordinate with the Water Division Manager, then initiate the education and enforcement hierarchy process.

Mandatory Leak Repair
Per City Code Sec. 22-136. “all repairs shall be completed within 72 hours after discovery of such leak, break or malfunction, or receipt of notice from the city of such condition, whichever comes first.” Under section 22-154 restrictions are listed that could be enacted by the Council should they declare a drought stage. One of the optional restrictions is, “all repairs shall be completed within 48 hours after discovery of such leak, break or malfunction, or receipt of notice from the city of such condition, whichever comes first.” With Resolution No. 14,741, City Council declared a continuance of the Stage 2 water shortage condition, but did not elect to use the 48-hour window requirement for repairs of leaks.

Staff also recommends that the City stay within the 72-hour leak repair window. This allows property owners the opportunity to obtain the assistance of a professional and/or additional funding necessary to address the repairs, if needed.

As an additional tool to help the Oxnard residents manage their water consumption and address water leaks, the City will begin the Council-approved advanced meter infrastructure (AMI) installation project in early 2022. The project is scheduled to take place over a three-year period.

Through an interactive portal with tracking and alarming features (similar to tracking data and usage on a smartphone), customers will be able to track how and when they are using the most water and where to focus on water use efficiencies.

Customers will have full access to their water usage data 24 hours a day, thereby eliminating the need to wait for a monthly bill to notice excess water use, which may indicate a leak. Additionally, Oxnard staff will be able to view the same water use data allowing for better customer service and outreach opportunities.

Because the City has a vast amount of irrigation in parks, medians, and parkways, the City will be at the forefront of water stewardship. Unfortunately, years of deferred maintenance due to budget constraints has led to many irrigation system failures. Staff from Public Works continues to address the necessary repairs to avoid water waste Staff anticipates hiring contractors to assist with the repairs, should funding become available. A request for additional irrigation repair funding is anticipated for the PWTC and City Council to consider. In the meantime, in a partnership 294
between Parks and the Water Division to address irrigation leaks and aging irrigation infrastructure, staff will be performing water irrigation efficiency surveys and providing recommendations for efficiency improvements and infrastructure replacements.

Additionally, there have been multiple inquiries for the use of water trucks to irrigate the parkway and median trees in areas where the irrigation system is waiting for repairs. Staff is working with West Coast Arborists on a pilot program that will utilize their water trucks for this purpose. A section of landscaping will be identified within the City and scheduled for watering twice per week. Staff will measure the water infiltration after each application and compare the results with trees being irrigated on bubbler and drip systems. The results of these measurements will determine if the use of water trucks is efficient for continued use in other areas throughout the City.

Financial Assistance for Leaks
Under Resolution No. 15,069, customers' bills that have been impacted due to a leak can request a one-time credit adjustment based on the sewer portion of their bill over the lifetime of their account.

Should the PWTC recommend staff develop a different allowance process for billing adjustments related to water leaks, staff will come back with a recommendation. However, staff does not recommend making any adjustments to the current process that could promote owners' unwillingness to permanently address water waste issues during this critical drought time.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

There is no financial impact.

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 3-0 on December 14, 2021 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Omar Castro, Water Division Manager

ATTACHMENTS

1. October 26, 2021 PWTC Drought Condition Report

2. October 19, 2021 Governor's Proclamation Expanding Drought Emergency -SOE

3. November 9, 2021 - Met's Declares a Regional Drought Emergency

4. CMWD Resolution

5. Presentation
295

PUBLIC WORKS AND TRANSPORTATION COMMITTEE

AGENDA REPORT

REPORTS
AGENDA ITEM NO. D.1

DATE: October 26, 2021

TO: Public Works and Transportation Committee

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]

SUBJECT: Drought Condition Update. (0/15/15)

RECOMMENDATION

That the Public Works and Transportation Committee:

1. Receive a report on the current drought conditions and forward it to the City Council; and

2. Provide feedback on a potential ordinance to amend the City's four water shortage stages in the City's existing ordinance to six water shortage stages to be consistent with the State's approach.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/vOyK-vx87GM

BACKGROUND

Western United States Drought Status

As of August 24, 2021, 83.7% of the Western United States falls into the category of severe drought, according to experts with the United States Drought Monitor. Most reservoir levels in the West are below or much below normal, in many cases from long-term dry conditions. Lake Powell is at 31% capacity, while Lake Mead is at 35% of capacity. In California, Lake Shasta is at 35% capacity and Lake Oroville is near a record low at just 27% of capacity. This drought is a regional water problem.

In California, Governor Newsom officially issued a State of Emergency Proclamation in Mendocino and Sonoma Counties on April 21, 2021. This proclamation prepares State agencies for the expected effects of the water shortage and opens up funding opportunities for mitigation efforts. On May 10, Newsom expanded the proclamation to include the Klamath River, Sacramento-San Joaquin Delta, and Tulare Lake Watershed counties. On July 8, Governor Newsom again expanded the drought state of emergency, now covering 50 of California’s 58 counties. Ventura County is not currently included in the drought state of emergency; also excluded are San Francisco, Los Angeles, San Bernardino, Riverside, Orange, San Diego, and Imperial Counties. However, language was included in Senate Bill 170, one of the budget trailer bills, that allows for its funds to be available for water projects in all counties regardless of inclusion in the drought proclamation.

Governor Newsom has called on all Californians to voluntarily reduce their water usage by 15% compared to 2020 levels; the Governor may issue an order at some point soon mandating conservation. Cities throughout California such as Folsom, Fort Bragg and Roseville are also tackling the water shortage by entering a higher water shortage stage and implementing new water use restrictions and enforcement. As an example, the City of 296
Folsom announced that its water customers would be required to reduce water use by 20% starting August 30, 2021. Folsom has also issued a level 3 water conservation declaration and implemented new mandatory water use restrictions, including limiting landscape and hand watering to two days per week, prohibiting the washing of parking lots, streets, driveways, or sidewalks, prohibiting the use of water for construction purposes without City preapproval, serving water at restaurants only upon request, requiring recirculation pumps in all pools, spas and ornamental fountains/ponds, and not allowing pool draining and refilling unless required for health, maintenance, or structural considerations. In addition, the City of Folsom is taking steps to reduce water consumption on public property by 20%, including reducing watering in parks and in public streetscapes, continuing to monitor and correct any runoff problems on public property, and temporarily discontinuing the flushing of fire hydrants and water lines. Currently, compliance is achieved through customer education, such as bill inserts, newspaper ads, direct mail, radio ads, TV and movie theater PSAs, restaurant table tents, and billboards. Customers violating watering restrictions or found letting water spray or flow off their property could face Folsom's administrative water waste fines.

Local Drought Status

The City of Oxnard (City) purchases anywhere from 40 to 50% of its total annual water supply from Calleguas Municipal Water District. This water is State Water Project water supplied by the Metropolitan Water District (Met). Met is forecasting a supply gap of approximately 633,000 acre-feet for calendar year 2021. (One acre- foot of water equals about 326,000 gallons or enough water to cover one acre of land, about the size of a football field, one foot deep. An average California household uses between one-half and one acre-foot of water per year.) It is expected that Met will draw on storage reserves to meet the 633,000 acre-feet shortfall; however, in response to the drought conditions, on August 17, 2021, Met's Board of Directors issued a water supply alert that calls for customers and businesses to reduce their water demand (not indicating any specific amount). According to Met's press release:
"The action calls for water agencies to reduce their water demand through public awareness campaigns and by adopting measures tailored to their own local conditions. Examples of local agency measures could include increasing outdoor water use efficiency, prohibiting home car washing or filling of ornamental water features, and requiring that restaurants only serve water upon request." Should conditions worsen, Met could impose financial penalties on the public agencies and retail suppliers to whom Met provides water.

Many cities and water purveyors in southeast Ventura County utilize supplies distributed by Calleguas to meet total retail demands. Calleguas is substantially reliant on State Water Project supplies. On August 18, 2021, Calleguas’s Board activated its Water Shortage Contingency Plan and adopted a level 2 water shortage stage. Per this plan, a move to Stage 2 indicates an up to 20% shortage and calls for voluntary conservation, with increased outreach and education. The move to level 2 aligns with the Governor's call for 15% voluntary conservation and is consistent with Met’s supply alert. Calleguas has informed the City that the State water supply will not be impacted in calendar year 2021 due to advanced planning for water shortage conditions and regional storage infrastructure improvements and investments over the past years. However, according to an email from Calleguas General Manager Tony Goff dated October 7, 2021, as soon as next year: "it is possible that mandatory conservation will be implemented in the Calleguas service area." Goff continues: "There is also a possibility that DWR may only allow potable water use for health and safety needs in State Water Dependent areas. In effect, this would mean 'no outdoor water use' throughout the Calleguas service area for part of CY 2022." Goff states there is a "high likelihood of implementing mandatory conservation."

In addition to State water, the City obtains groundwater, about half of which is pumped by the City and the other half is pumped for the City by the United Water Conservation District. The groundwater allocation amount is governed by Fox Canyon Groundwater Management Agency, an entity created by the California Legislature in 1982. Beyond the drought, our groundwater basin is critically overdrafted and by law is required 297
to be managed for long term sustainability; this will be covered in detail in a future report to City Council.

What Nearby Water Suppliers Are Doing
The City has reached out to other nearby water suppliers for information on their expected actions and plans regarding the drought. The City of Camarillo's staff plans to take an item to their City Council in November to consider declaring a level 2 water shortage stage with the goal of reducing water use by 20%. With a level 2 water shortage, outdoor watering would be limited to three days a week, leaks would have to be fixed within 48 hours after receiving notice from the City, the filling or refilling of ornamental lakes or ponds would be prohibited, agricultural water deliveries would be limited to three days per week and recycled water would have to be used if available for construction.

The City of Ventura has stated that its supply projections account for this year's record low rainfall, but they will continue to encourage customers to conserve, to enforce water waste prohibitions, to offer water efficiency programs/incentives, and to pursue water supply projects. Ventura currently has the following water waste prohibitions in place: no water to run and be wasted during outdoor use, no leaks to persist for more than 48 hours, no use of a handheld hose without an automatic shutoff nozzle, no operation of fountains unless the water is circulating, no washing or hosing down of hardscape surfaces such as driveways and sidewalks, and no irrigation of outdoor landscapes during and within 48 hours of rainfall. Ventura receives water from Lake Casitas, the Ventura River, and local groundwater basins. It does not currently receive State water through Calleguas.

On October 11, 2021, the City of Simi Valley's City Council unanimously declared a level 2 water shortage stage. Simi Valley was previously at level 1. Under stage 2, Simi Valley residents will have a newly imposed watering schedule of twice a week in the winter and three days a week in the summer.

DISCUSSION
Water conservation and water shortage response procedures fall under Chapter 22, Article IX of the Oxnard City Code, which is titled City of Oxnard Water Conservation and Water Shortage Response Procedures. That portion of the Code lists a permanent prohibition on water waste, which includes:

1. Outdoor irrigation is prohibited during rain.

2. Any use of water that causes runoff to occur beyond the immediate vicinity of use is prohibited. (In other words, no wet pavement is allowed.)

3. The use of running water from a hose, pipe, or faucet to clean buildings, pavement, tile, wood, plastic, driveways, parking lots, and other paved surfaces is prohibited, except for compelling public health and safety reasons. If allowed, a hose with a positive shut-off nozzle must be used.

4. Boats and vehicles may be washed only at commercial wash facilities that recycle their wash water; by use of a bucket and hose equipped with a self-closing valve that requires operator pressure to activate the flow of water; or by mobile high pressure/low volume professional services.

5. Filling and refilling of a swimming pool, with the exception of the first filling and the occasional adding of small quantities of water to maintain proper water level, or for health and safety reasons, is prohibited.

6. All leaks, breaks or malfunction within a plumbing or water distribution system must be repaired within 72 hours of discovery or receipt of notice from the City of such condition, whichever comes first.

7. Service of drinking water at all restaurants, hotels, cafes, cafeterias, coffee shops, fast-food operations, banquet facilities or other public places where food is served or offered for sale, can only be made upon customer request.

8. All food preparation establishments must use water conserving dish wash spray valves when washing dishes.
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9. Operators of hotels, motels, and other commercial establishments offering lodgings must post in each room prominent notice encouraging water conservation practices, including the option of not having towels and linen laundered daily.

10. Installation of new or replacement single pass cooling systems in commercial or industrial buildings is prohibited.

11. Installation of new or replacement non re-circulating water systems in commercial conveyor car wash or commercial laundry systems is prohibited.

Additionally, the City Council may declare that water shortage conditions exist, designate the severity of the shortage conditions, and establish mandatory conservation measures. The severity of each water shortage condition is designated in stages, from 1 to 4. Each stage shall correspond to the degree to which the City has or is likely to suffer reduced availability of water supplies, as follows:

Stage Reduction in
Available Supplies
1 Up to 15%
2 15-25%
3 25-35%
4 Greater than 35%
On July 29, 2014, the City Council declared a level 2 water shortage stage and listed mandatory water conservation requirements via Resolution No. 14,682. That resolution was rescinded and replaced on May 5, 2015, by Resolution No. 14,741, which declared the continuance of the level 2 water shortage condition in the City and listed new mandatory water conservation requirements. Resolution No. 14,741 stated that its "water shortage declaration and associated mandatory water conservation requirements shall remain in effect unless otherwise amended or rescinded by further action of the Council." The State of California declared the 2014 drought over and lifted the emergency requirements in 2017, but Oxnard never amended or rescinded Resolution No. 14,741, so the City never lifted the level 2 condition. According to Resolution No. 14,741, with respect to potable water:

1. The watering of lawns, ornamental turf, trees, shrubs, vegetation, landscape and other outside irrigation is prohibited except between 4 p.m. and 9 a.m. during standard time or between 6 p.m. and 9 a.m. during daylight savings time, no more than twice a week. This applies to HOAs. The current watering schedule is the following:
- Odd-numbered addresses (ending in 1, 3, 5, 7, 9): Sundays and Thursdays ONLY - Even-numbered addresses (ending in 0, 2, 4, 6, 8): Saturdays and Wednesdays ONLY - The irrigation of park and school ground areas with potable water is only permitted during the designated irrigation periods noted in the irrigation schedule and only if necessary. Sport activity fields may irrigate more frequently, but only as necessary to maintain playing surface quality.

2. Exceptions to allow for irrigation outside of the designated periods include (1) watering of newly installed, drought-tolerant landscapes for up to one year after planting and (2) hand watering of potted plants or stressed vegetation with use of a container (e.g., bucket or watering can) or a hose fitted with a shut-off valve.

3. The application of potable water to landscapes during and within 48 hours after measurable rainfall is prohibited.

4. The irrigation of newly constructed homes and building exteriors with potable water is prohibited unless drip or microspray systems are used.
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5. The use of potable water in a fountain or other decorative water feature is prohibited, except where the water is part of a recirculating system.

Additionally, Resolution No. 14,741 says the City must provide prompt notice to customers when information indicates a leak may exist within end-user's control. The City's system generates exception reports and staff review these daily in order to issue work orders to meter reading personnel to verify the readings and check for leaks. If a leak is detected, meter reading personnel will attempt to make contact with the customer while at the property; if no one is home, staff will leave a tag at the door with the findings and a contact number for questions. Resolution No. 14,741 also states the City may not irrigate ornamental turf on public medians with potable water; there is no ornamental turf in City medians.

Oxnard’s overall water demand has continued to decline from peak usage from 26,703 acre-feet in fiscal year 2013-14 to 21,847 acre-feet in fiscal year 2019-20. While the City’s supply projections account for this year's dry conditions, customers are encouraged to continue conserving as water supplies are still vulnerable due to drought.

Oxnard’s Water Conservation Outreach Efforts
The City continues to work to reduce water use and follow the 15% voluntary reduction. Oxnard promotes water conservation through a variety of informational programs and public events. Oxnard offers conservation brochures, activity booklets, public outreach displays, oral presentations, school assemblies, free landscaping classes, and workshops to inform the public of conservation efforts at a variety of different local community events throughout the year. Oxnard raises awareness about water conservation through paid advertising, press releases, social media, and utility bill inserts. Additionally, the Oxnard Water web page (OxnardWater.org) provides up-to-date information related to programs, rebates (bewaterwise.com®), water-saving tips, and announcements about upcoming events.

Most recently, the City implemented a Blue Box Program and a contactless Curbside Water Conservation Kit Program. The Blue Box Program promotes customer connection by providing water staff educational materials and water-saving devices to offer customers whom they may encounter while out in the field. The Curbside Water Conservation Kit Program offers water customers the opportunity to create water conservation kits customized with their choice of water-saving devices such as low flow faucet aerators, showerheads, and hose nozzles. Customers can schedule a pickup time to receive their kits via contactless curbside pickup. During the October 2020 event, 166 kits were distributed containing a total of 2,163 conservation devices. The next Curbside Water Conservation Program is scheduled to take place in October 2021 with 300 kits anticipated to be distributed.

Aquifer Storage and Recovery (ASR)

The Aquifer Storage and Recovery (ASR) project is designed to inject ultra-pure treated recycled water in subterranean wells for a period of six months, after which it will be tested for use in an indirect potable reuse (IPR) program. It is anticipated that the demonstration period will last up to a year before the California Division of Drinking Water approves Oxnard’s permit application for IPR. If the ASR well demonstration is successful, this will create an additional sustainable local water source to assist in lessening dependence on imported State water. The ASR well demonstration project began construction in 2021.

Oxnard’s Water Supply Planning

The 2020 Urban Water Management Plan and Water Shortage Contingency Plan (available at https://www.oxnard.org/wp-content/uploads/2021/10/Revised-Oxnard-Urban-Water-Management-Plan-Final- Draft_w-Appendices.pdf) details Oxnard’s long-term resource planning to ensure that adequate water supplies 300
are available to meet existing and future water needs as well as how Oxnard will respond to various stages of a drought or a prolonged shortage caused by other events. This plan went to the Public Works and Transportation Committee on September 28, 2021, and is expected to go to the full City Council for adoption on October 19, 2021. This plan is a State requirement and must to be revisited and updated every five years.

Possibly Amending Oxnard's Water Code

As stated earlier in this report, the current City Code designates four water shortage stages:

Stage Reduction in
Available Supplies
1 Up to 15%
2 15-25%
3 25-35%
4 Greater than 35%

However, the Department of Water Resources set six water shortage stages in its UWMP Guidebook. The proposed stages are based on 10% increments. For example, a level 1 water shortage will be declared when water shortage levels are anywhere from 1 to 10%. Similarly, a level 2 water shortage will be declared when water shortage levels continue to decrease anywhere from 11 to 20% of typical conditions. This would mean the water supply is adequate to meet 80% of projected demands. Typical conditions are based on average precipitation data and on historical production and anticipated production data. To summarize, the six stage option provides:

Stage Reduction in Total
Available Water
Resource
1 Up to 10%
2 Up to 20%
3 Up to 30%
4 Up to 40%
5 Up to 50%
6 Greater than 50%

Staff recommends returning with an ordinance to Council to amend the City's four water shortage stages to six water shortage stages to be consistent with the approach of the Department of Water Resources. Staff needs the Committee's feedback on this potential ordinance.

The City has developed a variety of shortage response actions to implement during each given shortage stage.

These are listed in the 2020 Urban Water Management Plan and Water Shortage Contingency Plan. Depending on the nature of the water shortage, the City can elect to implement one or several response actions to mitigate the shortage and reduce gaps between supply and demand.

Looking to the Future
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The City Council may, by resolution, declare that different water shortage conditions (not those consistent with level 2) are present within the City. This process begins with staff conducting an annual water supply assessment to determine if there are supply reductions. Staff also analyze the total supply available for the coming year as compared to the future demand to determine if there is a supply versus demand gap. Staff present this data and our recommendations to the City Council if a shortage is anticipated. The City Council would then determine if a shortage stage should be declared. When Council declares that water shortage conditions exist, the City Council must also designate the severity of the shortage conditions and establish mandatory conservation measures. All mandatory water conservation measures remain in effect until the Council declares that the water shortage conditions have eased so that the shortage responses may be modified or eliminated.

Under the City Code, the City has the discretion to impose penalties on any violation of prohibited water waste activities. Approximately a decade ago, Oxnard imposed civil citations (up to $500 each) for violations of water regulations. Additionally, the Council could opt to implement drought surcharges. In the last drought cycle, both Golden State Water Company (in Ojai) and California Water Service (in Thousand Oaks/ Westlake Village) imposed drought surcharges. Future consequences could include surcharges up to 50% of the most recent utility bill, installation of a flow-restricting device and the discontinuation of water service. Currently, staff is focusing on the education and outreach approach, but the Council can direct staff to actively go out into the community for enforcement and to issue fines or to return to Council with drought surcharges.

Finally, staff is exploring performing studies for the future use of desalination, water banking, and stormwater capture and treatment. Such projects would require Council authority. We will return to Committee in the future with more specific recommendations.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

There is no direct financial impact in receiving this report.

Prepared by: Omar Castro, Water Division Manager

ATTACHMENTS

1. April 21, 2021 - Governor's Drought Proclamation

2. May 10, 2021 - Governor's Drought Proclamation First Expansion

3. July 8, 2021 - Governor Newsom Calls on Californians to Voluntarily Reduce Water Usage by 15%

4. July 8, 2021 - Governor's Drought Proclamation Second Expansion

5. August 16, 2021 - City of Folsom Announces 20% Water Conservation Requirements

6. August 17, 2021 - Metropolitan Declares Water Supply Alert

7. August 18, 2021 - Calleguas Declares Stage 2 Water Shortage

8. October 7, 2021 - Email from Calleguas GM Tony Goff

9. July 29, 2014 - Oxnard Resolution No. 14,682 Declaring Stage 2 Water Shortage Condition

10. May 5, 2015 - Oxnard Resolution No. 14,741 Declaring Continuance of Stage 2 Water Shortage Condition

11. Drought Condition Update Presentation
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EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA

PROCLAMATION OF A STATE OF EMERGENCY
WHEREAS climate change continues to intensify the impacts of droughts on our communities, environment, and economy, and California is in a second consecutive year of dry conditions, resulting in drought in all parts of the State and extreme or exceptiona l drought in most of the State; and
WHEREAS the meteorologica l summer in California and the rest of the western United States was the hottest on record; and WHEREAS on April 12, 2021, May l 0, 2021, and July 8, 2021, I proclaimed states of emergency to exist in the counties of Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Inyo, Kern, Kings, Lake, Lassen, Madera, Mariposa, Marin, Mendocino, Merced, Modoc, Mono, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo, and Yuba, due to severe drought conditions; and WHEREAS since my July 8, 2021 Proclamation, sustained and extreme high temperatures have increased water loss from reservoirs and streams, increased demands by communities and agriculture, and further depleted California's water supplies; and
WHEREAS the counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, San Diego, San Francisco, and Ventura are now experiencing severe drought conditions; and
WHEREAS long-term weather forecasts for the winter rainy season, dire storage conditions of California's largest reservoirs, low moisture content in native vegetation, and parched soils, magnify the likelihood that drought impacts will continue in 2022 and beyond; and WHEREAS the increasing frequency of multiyear droughts presents a significant risk to California's ability to ensure adequate water supplies for communities, agriculture, and fish and wildlife; and
WHEREAS the most impactful action Californians can take to extend available supplies is to re-double their efforts to voluntarily reduce their water use by 15 percent from their 2020 levels by implementing the commonsense measures identified in operative paragraph l of my July 8, 2021 Executive Order N-10-21; and
WHEREAS it is necessary to expeditiously mitigate the effects of the drought conditions to ensure the protection of health, safety, and the environment; and
WHEREAS under Government Code Section 8558(b), I find that the conditions caused by the drought, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single local government and require the combined forces of a mutual aid region or regions to appropriately respond; and 303
WHEREAS under Government Code Section 8625( c), I find that local authority is inadequate to cope with the drought conditions; and WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of the drought conditions, and under Government Code Section 8571, I find that strict compliance with various statutes and regulations specified in this Proclamation would prevent, hinder, or delay the mitigation of the effects of the drought conditions.

NOW THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, Section 8625, HEREBY PROCLAIM A STATE OF EMERGENCY to exist in the State due to drought in the remaining counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, San Diego, San Francisco, and Ventura, such that the drought state of emergency is now in effect statewide.

IT IS HEREBY ORDERED THAT:

1. All agencies of the state government are to utilize and employ state personnel, equipment, and facilities for the performance of any and all activities consistent with the direction of the Governor's Office of Emergency Services and the State Emergency Plan. Also, to protect their safety, all residents are to obey the direction of emergency officials with regard to this emergency in order to protect their safety.

2. The orders and provisions contained in my April 21, 2021, May 10, 2021, and July 8, 2021 Proclamations remain in full force and effect , except as modified herein. State agencies shall continue to implement all directions from those Proclamations and accelerate implementation where feasible.

3. Operative paragraphs 3, 5, 6, and 10 of my July 8, 2021 Proclamation are withdrawn and replaced with paragraphs 4 through 8 below.

4. Consistent with the policies stated in Water Code Section 1Ol 1.5(a), local agencies are encouraged to take actions to coordinate use of their available supplies and to substitute an alternate supply of groundwater from existing groundwater wells for the unused portion of surface water that the local agency is otherwise entitled to use.

For actions taken pursuant to this paragraph, the provisions of Chapter 3 ( commencing with Section 85225) of Part 3 of Division 35 of the Water Code and regulations adopted pursuant thereto are suspended for any (a) actions taken by state agencies pursuant to this paragraph, (b) actions taken by a local agency where the state agency with primary responsibility for implementing the directive concurs that local action is required, and (c) permits or approvals necessary to carry out actions under (a) or (b). The entities implementing this paragraph shall maintain on their websites a list of all activities or approvals that rely on the suspension of the foregoing Water Code provisions.
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5. To support voluntary approaches where hydrology and other conditions allow, the State Water Resources Control Board (Water Board) shall expeditiously consider water transfer requests. For purposes of carrying out this paragraph, the following requirements of the Water Code are suspended:
a. Section l 726(d) requirements for written notice and newspaper publication, provided that the Water Board shall post notice on its website and provide notice through
electronic subscription services where interested persons can request information about temporary changes; and
b. Section l 726(f) requirement of a 30-day comment period , provided that the Water Board shall afford a 15-day
comment period.

6. As necessary to assist loca l governments and for the protection of public health and the environment, state agencies shall enter into contracts to arrange for the procurement of materials, goods, and services necessary to quickly assist with the response to and recovery from the impacts of the drought. Applicable provisions of the Government Code and the Public Contract Code, including but not limited to travel, advertising, and competitive bidding requirements, are suspended to the extent necessary to address the effects of the drought. Approval of the Department of Finance is required prior to the execution of any contract entered into pursuant to this provision.

7. To proactively prevent situations where a community runs out of drinking water, the Water Board, the Department of Water Resources, the Office of Emergency Services, and the Office of Planning and Research shall assist local agencies with identifying acute drinking water shortages in domestic water supplies, and shall work with local agencies in implementing solutions to those water shortages.

8. To preserve the State 's surface and groundwater supplies and better prepare for the potential for continued dry conditions next year, local water suppliers are directed to execute their urban Water Shortage Contingency Plans and agricultural Drought Plans at a level appropriate to local conditions that takes into account the possibility of a third consecutive dry year. Suppliers shall ensure that Urban and Agricultural Water Management Plans are up to date and in place.

9. The Water Board may adopt emergency regulations, as it deems necessary, to supplement voluntary conservation by prohibiting certain wasteful water practices. Wasteful water uses include:
a. The use of potable water for washing sidewalks, driveways, buildings, structures, patios, parking lots, or _other hard surfaced areas, except in cases where health and safety are at risk.
b. The use of potable water that results in flooding or runoff in gutters or streets.
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c. The use of potable water, except with the use of a positive shut-off nozzle, for the individual private washing of motor vehicles.
d. The use of water to irrigate turf and ornamental landscapes during and within 48 hours after measurable rainfall of at least one-fourth of one inch of rain.
e. The use of potable water for irrigation of ornamental turf on public street medians.
f. The use of potable water for street cleaning or construction purposes, unless no other source of water or other method can be used or if necessary, to protect the health and safety of the public.
g. The use of potable water for decorative fountains or the filling or topping-off of decorative lakes or ponds, with exceptions for those decorative fountains, lakes, or ponds which utilize recycled water.

10.The California Department of Food and Agriculture, in collaboration with other relevant state agencies, shall evaluate water efficiency measures implemented in California agriculture over the past · several years and develop a report with recommendations on how to further increase efficiencies.

11. The Office of Emergency Services shall provide assistance under the authority of the California Disaster Assistance Act, Government Code section 8680 et seq., and California Code of Regulations, title 19, section 2900 et seq., as appropriate to provide for, or in support of, the temporary emergency supply, delivery, or both of drinking water or water for sanitation purposes.

12. For purposes of carrying out or approving any actions contemplated by the directives in operative paragraphs 5, 6, and 9, the environmental review by state agencies required by the California Environmental Quality Act in Public Resources Code, Division 13 (commencing with Section 21000) and regulations adopted pursuant to that Division are hereby suspended to the extent necessary to address the impacts of the drought.

For purposes of carrying out the directive in operative paragraph 4 and 7, for any (a) actions taken by the listed state agencies pursuant to that directive, (b) actions taken by a local agency where the Office of Planning and Research concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b), Public Resources Code, Division 13 (commencing with Section 21000) and regulations adopted pursuant to that Division are hereby suspended to the extent necessary to address the impacts of the drought. The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

This Proclamation is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.
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I FURTHER DIRECT that as soon as hereafter possible, this Proclamation be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Proclamation .

IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
Ca · · ixed this 19th day
er
overnor of California
ATTEST:

SHIRLEY N. WEBER, PH..D.

Secretary of State
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1 RESOLUTION 9289

RESOLUTION OF THE BOARD OF DIRECTORS

OF THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA

RECOGNIZING A STATEWIDE DROUGHT EMERGENCY, DECLARING SPECIFIED

EMERGENCY CONDITIONS WITHIN THE METROPOLITAN SERVICE AREA, AND DIRECTING SPECIFIED ACTIONS.

WHEREAS, Severe Drought Conditions Are Impacting Water Supplies Imported from the Colorado River and Northern California.

Metropolitan’s two primary sources of imported water, the Colorado River and the State Water Project (SWP), face continuing drought.

Water year 2021 (October 1, 2020 to September 30, 2021) exhibited extreme temperature and lack of precipitation, and it followed water year 2020 that was likewise warm and dry.

Warm temperatures and arid soils depleted the expected runoff water from the Upper Colorado River Basin snowpack and Northern Sierra snowpack into SWP reservoirs.

The two-year sequence of water years 2020 and 2021 (October 1, 2019 through September 30, 2021) was the driest on record in California for statewide precipitation.

The Colorado River is experiencing a prolonged 21-year warming and drying trend.

The United States Bureau of Reclamation announced a first-ever shortage declaration for 2022 for the Colorado River System.

WHEREAS, a State of Emergency Has Been Declared in All California Counties Due to These Severe Drought Conditions.

On October 19, 2021, Governor Gavin Newsom proclaimed that a state of emergency now exists in all California counties due to severe drought conditions.

Governor Newsom’s drought proclamation re-doubled a call for all Californians to voluntarily reduce their water use by 15 percent immediately.

The proclamation directed the State Water Resources Control Board to develop regulations prohibiting wasteful water use and the California Department of Water Resources (DWR) to assist local agencies implement solutions to alleviate acute potable water shortages.

The proclamation called on local and regional water agencies to implement the Water Shortage Contingency Plans (WSCPs) to conserve water at a level appropriate for local conditions taking into account the possibility of a third consecutive dry year.

WHEREAS, Metropolitan’s State Water Project Supplies Are Curtailed.

Storage in Lake Oroville, the largest and principal storage reservoir for the State Water Project (SWP), reached record low levels in August 2021. Storage in many other reservoirs across the state remains well below average.

DWR’s SWP Table A Allocation for calendar year 2021 remains at only five percent of contract amounts.

A zero percent initial SWP Allocation is expected for calendar year 2022, and current projections indicate that the final allocation will likely only reach 25 percent under a normal-weather scenario.

Considering these projections, DWR is preparing to deliver the minimum needs contractors may have for 308
2 domestic supply, fire protection, and sanitation, while under a zero percent Table A allocation. In preparing for this operation under a severe dry condition for 2022, DWR expects contractors receiving these deliveries to mandate substantial reductions in water use consistent with an emergency circumstance.

WHEREAS, Metropolitan’s State Water Project Supplies Are Essential to Meet Metropolitan’s Total Member Agency Demands.

Over the past 20 years, the State Water Project provided about 30 percent of the region’s water needs.

Diamond Valley Lake, Metropolitan’s largest surface water reservoir and source of dry-year and emergency water supplies, has only been replenished with State Water Project supplies since the discovery of Quagga mussels in Colorado River water.

Under a zero percent SWP Allocation, insufficient SWP supplies exist to meet normal potable demands in areas where Metropolitan depends on the SWP to meet its agencies’ demands, nor can it serve SWP supplies to other agencies or replenish storage in Diamond Valley Lake.

WHEREAS, Metropolitan, Its Member Agencies, and Others in the Region Have Taken Extraordinary Steps to Reduce Demands and Bolster Supplies.

Metropolitan, in conjunction with its member agencies, counties, cities, and wholesale and retail water suppliers, decreased its potable water demands within its service area by 40 percent, roughly 80 gallons per person per day, since 1990.

Metropolitan invested $1.5 billion in conservation, local water recycling, and local groundwater recovery since 1990, resulting in the cumulative savings of nearly 7.3 million acre-feet.

Metropolitan invested more than $3.1 billion in increasing storage capacity with Diamond Valley Lake and conveyance capacity with the Inland Feeder to capture SWP supply when available for later use in dry years.

Local water suppliers and communities have also made multi-billion dollar strategic and forward-looking investments in water conservation (within and outside the MWD service area), water recycling, stormwater capture and reuse, groundwater storage, and other strategies to improve drought resilience.

Water conserved throughout the service area, among other things, helped preserve storage in Metropolitan’s diverse storage portfolio during these dry conditions.

Continued action by Southern California residents to conserve water and extend local groundwater and surface water supplies will provide greater resilience if the drought continues in future years.

WHEREAS, Metropolitan and Its Member Agencies Have Taken Specific Actions to Preserve SWP Supplies.

Metropolitan recently invested in its delivery system to reduce dependency on SWP supplies and to improve operational flexibility allowing delivery of water from either of its two imported supply sources to most of the service area.

Metropolitan member agencies invested billions of dollars in investments to maintain existing, produce new and increase the utilization of local supplies and therefore decrease the use of SWP supplies.

Metropolitan member agencies have, where feasible, operated their systems to reduce Metropolitan’s dependency on SWP supplies.

WHEREAS, Additional Actions Are Needed to Manage and Preserve SWP Supplies.

Despite the efforts made to date by Metropolitan, member agencies, and others in the region, additional actions are needed to manage and preserve SWP supplies. 309
3 As part of their required Urban Water Management Plans, all urban water suppliers and water wholesalers have identified voluntary and mandatory actions in their Water Shortage Contingency Plans (WSCPs) to prepare for and address various water shortage conditions. The Metropolitan Board of Directors believes that member agencies should review such WSCPs and immediately implement mandatory conservation measures to help address the SWP supply shortages.

The Metropolitan Board of Directors further believes that it is necessary and desirable to work closely with member agencies in identifying near-term actions that could be taken to address this regional drought emergency, in general, and the SWP supply shortages, in particular, and to grant the General Manager certain additional powers and authorities to assist in carrying out such actions promptly.

NOW, THEREFORE, BE IT RESOLVED that, pursuant to the express and implied powers and authorities granted under The Metropolitan Water District Act (Statutes 1969, ch.209, as amended), the Board of Directors of The Metropolitan Water District of Southern California HEREBY RECOGNIZES A STATEWIDE

DROUGHT EMERGENCY AND DECLARES THAT SPECIFIED EMERGENCY CONDITIONS EXIST

WITHIN THE METROPOLITAN SERVICE AREA
Per this Declaration, the Board calls on all member agencies to:
(1) Review the adequacy of their past drought response measures. (2) Make all reasonably practicable changes in their operations to reduce their use of SWP supplies. (3) Immediately implement such conservation requirements, water-use efficiency measures, and drought- related limitations as are appropriate to reduce the use of SWP supplies, including those SWP supplies already in storage.

BE IT FURTHER RESOLVED that Metropolitan’s General Manager is hereby directed to coordinate with the member agencies and bring to the Board for authorization, as appropriate, the following actions:
(1) Develop an appropriate regional message to communicate the status of the statewide drought emergency and specified emergency conditions within the Metropolitan service area, and the need for continued conservation to the general public, businesses, stakeholders, industries, and public officials.
(2) Expand regional water use efficiency programs for the duration of this regional drought emergency, provided budget or grant funding is available.
(3) Identify and implement measures to ensure all portions of the service area attain a high level of reliability against multi-year, severe droughts. Measures include, but are not limited to, system improvements, local water supply development, new water storage opportunities, and water efficiency gains.
(4) Seek state funding and other resources for the region to accelerate conservation and supply programs.

BE IT FURTHER RESOLVED that notwithstanding anything in Metropolitan’s Administrative Code to the contrary:
(1) The General Manager is hereby delegated authority to take such actions, enter such agreements, and secure such permits and approvals as he deems necessary to address the statewide drought emergency and specified emergency conditions within the Metropolitan service area to carry out the directives listed above, including:
a. Agreements with member agencies and/or other public agencies to enhance local water production, recycling, conservation, and storage.
b. Agreements with member agencies and/or other public agencies to purchase, transfer or exchange water supplies.
c. Contracts to procure equipment, materials, services, and supplies. 310
4 d. Agreements to provide media buying and placement services for a water awareness and conservation advertising campaign.
(2) The General Manager is hereby designated as the decision-making body with respect to any actions taken, agreements entered, or permits and approvals secured pursuant to the above delegation of authority. In consultation with the General Counsel, the General Manager shall conduct any review and prepare, approve and/or certify any documentation that may be required under the California Environmental Quality Act.
(3) This delegation of authority is limited to drought-related actions and agreements that individually are less than $5,000,000 and collectively are less than $25,000,000. (4) For purposes of this delegation of authority, any provisions of Administrative Code requiring prior Board review and approval are hereby waived. However, the General Manager shall report to the Board at its next regularly scheduled meeting the specific details of and justification for any actions taken, agreements entered, or permits and authorizations secured under this delegation of authority. (5) Nothing in this delegation of authority shall be construed as waiving any other applicable requirements related to public and non-public works contracts as set forth in the state Public Contracts Code or Metropolitan’s Administrative Code.

BE IT FURTHER RESOLVED that the duration of requested actions and the delegation of authority will automatically terminate when the drought state of emergency declared by the Governor has been lifted for all counties within Metropolitan’s service area.

BE IT FURTHER RESOLVED that, should drought conditions persist or worsen in the coming months, Metropolitan’s Board of Directors will consider declaring a water shortage emergency condition and imposing appropriate regulations, restrictions and penalties pursuant to California Water section 350 et seq., so as to conserve Metropolitan’s water supplies for the greatest public benefit with particular regard to domestic use, sanitation, and fire protection.

I HEREBY CERTIFY that the foregoing is a full, true, and correct copy of a resolution adopted by the Board of Directors of The Metropolitan Water District of Southern California at its meeting held November 9, 2021.

Secretary of the Board of Directors
of The Metropolitan Water District
of Southern California
311
Res. No. 2033
RESOLUTION NO. 2033
RESOL

UTION OF THE BOARD OF DIRECTORS

OF CALLEGUAS MUNICIPAL WATER DISTRICT

CALLING FOR IMPLEMENTATION OF WATER CONSERVATION MEASURES TO REDUCE DEMAND BY 15% TO PRESERVE LIMITED STORAGE RESERVES WHEREAS, Calleguas Municipal Water District (Calleguas or District) is a public agency and special district organized pursuant to the Municipal Water District Act of 1911, [California Water Code §§71000-73001]; and
WHERE
AS, the mission of Calleguas is to provide the service area with a reliable supply of regional and locally developed water in an environmentally and economically responsible manner; and
WH
EREAS, Calleguas is reliant upon deliveries of water imported by the Metropolitan Water District of Southern California (Metropolitan) from the California State Water Project (SWP), and is considered a SWP dependent agency within the Metropolitan service area; and
WH
EREAS, on October 19, 2021, Governor Gavin Newsom proclaimed that a state of emergency exists in all California counties due to severe drought conditions, called on all local and regional water suppliers to implement Water Shortage Contingency Plans (WSCPs) that are responsive to local conditions considering the possibility of a third consecutive dry year, and re-doubled a call for all Californians to reduce their water use by 15 percent immediately; and
WH
EREAS, on November 9, 2021, Metropolitan declared that specified drought emergency conditions exist within its service area and called on all member agencies to immediately implement conservation to reduce the use of SWP supplies; and WH
EREAS, a zero percent initial SWP allocation is expected for calendar year 2022, and current projections indicate that the final allocation will likely only reach 25 percent under a normal-weather scenario; and
WH
EREAS, reducing demands in SWP dependent areas by 15 percent affords Metropolitan the level of conservation necessary to manage reserves through a low initial SWP allocation and allows for the 2022 water year hydrology to fully develop prior to the implementation of mandatory conservation; and
WH
EREAS, Calleguas recognizes the diversity of its retail purveyors’ water resource mix and independent authority to implement appropriate stages of their Water Shortage Contingency Plans consistent with overall goal of achieving a 15 percent demand reduction from year 2020 through voluntary and / or mandatory measures; and DocuSign Envelope ID: 41FCDB8A-AF3A-43FA-B99B-B5BAF62963A3 DocuSign Envelope ID: 5BD4DC09-32D4-4F48-BF79-1C896ACDE7D6 312
Res. No. 2033

WHEREAS, the Board of Directors of Calleguas has adopted a Water Shortage Contingency Plan in accordance with California law, which is triggered during water shortage conditions and describes staged actions the District may take to manage demand and allocate available supplies; and

WHEREAS, Calleguas Ordinance 12 codifies rules and regulations for water service, including service during times of water shortage; and

WHEREAS, Calleguas’ Water Shortage Contingency Plan has identified the following measures as potential measures for purveyors to achieve reductions in water demands:

 Restrict irrigation hours to evening and early morning hours.  Prohibit non-essential irrigation (ex., golf courses and parks) and limit water use for essential irrigation.
 Restrict or disallow irrigation entirely.
 Disallow the use of water to fill ornamental lakes, ponds, pools, and fountains.  Limit or disallow the washing of vehicles.
 Disallow the spraying of outdoor paved surfaces and using potable water for street cleaning.
 Restrict the use of water from fire hydrants for construction purposes.  Implement a rate structure for charges and penalties for water use restriction violations.

NOW THEREFORE, IT IS HEREBY RESOLVED that the Board of Directors of Calleguas Municipal Water District calls upon those purveyors receiving water from Calleguas to implement appropriate measures to achieve a 15 percent reduction in demands from 2020 to extend SWP storage reserves in order to provide the best possible opportunity to avoid mandatory emergency measures from Calleguas to manage health and safety demands in its service area.

BE IT FURTHER RESOLVED that should drought conditions persist or worsen in the coming months, Calleguas may consider declaring a water shortage emergency condition and imposing appropriate regulations, restrictions, and penalties pursuant to California Water section 350 et. seq. to implement mandatory actions to further preserve water supplies necessary to meet health and safety water demands.

ADOPTED, SIGNED AND APPROVED this seventeenth day of November, 2021.

___________________________________
Steve Blois, President
Board of Directors
DocuSign Envelope ID: 41FCDB8A-AF3A-43FA-B99B-B5BAF62963A3 DocuSign Envelope ID: 5BD4DC09-32D4-4F48-BF79-1C896ACDE7D6 313
Res. No. 2033
I HEREBY CERTIFY that the foregoing Resolution was adopted at the regularly scheduled meeting of the Board of Directors of Calleguas Municipal Water District held on November 17, 2021.

ATTEST:

_________________________
Raul Avila, Secretary
Board of Directors (SEAL)

DocuSign Envelope ID: 41FCDB8A-AF3A-43FA-B99B-B5BAF62963A3 DocuSign Envelope ID: 5BD4DC09-32D4-4F48-BF79-1C896ACDE7D6 314

UPDATE TO THE PUBLIC WORKS AND

TRANSPORTATION COMMITTEE

DROUGHT CONDITION REPORT OF
OCTOBER 26, 2021
Megan Schneider
Water Conservation and Outreach Supervisor
Public Works and Transportation Committee
December 14, 2021
315
That the Public Works and Transportation Committee:

1. Recommend that the City Council approve the City stay in a Stage 2 water shortage condition pursuant to the City Council approved Resolution No. 14,741;

2. Provide feedback on the water conservation outreach, education, and enforcement plan; and

3. Provide feedback on a potential new resolution with the appropriate water shortage stage and conservation measures should a 0% allocation be finalized in Spring 2022.

OCC § 22-136
RECOMMENDATION 2
316
● October 26, 2021 staff provided a
drought condition update to the
Public Works and Transportation
Committee
● Staff now returns to address
questions related to the City's
conservation compliance,
enforcement and penalties
● Provide update on the latest
drought information
BACKGROUND 3
Image from droughtmonitor.unl.edu
317
● October 19, 2021 - Governor Newsom issued a proclamation expanding the drought emergency statewide
○ Water suppliers to implement water shortage contingency plans (WSCP) that are responsive to their local conditions
● November 9, 2021 - Metropolitan Water District (Met) declared a regional drought emergency calling on member agencies to:
○ Review the adequacy of their past drought measures
○ Make all reasonably practicable changes in their operations to reduce their use of State Water Project (SWP) supplies
○ Immediately implement such conservation requirements, water-use efficiency measures, and drought-related limitations as are appropriate to reduce the use of SWP supplies
● Met is anticipating an initial SWP allocation for 2022 to start as low as 0% LATEST DROUGHT INFORMATION UPDATE 4
318
● November 17, 2021 - Calleguas Municipal Water District (CMWD) adopted a resolution calling on all purveyors to reduce water consumption demand by 15% compared to 2020 levels
● CMWD’s potential measures for purveyors to enact to achieve reduction include:
○ Restrict irrigation hours to evening and early morning hours ○ Prohibit non-essential irrigation (ex., golf courses and parks) and limit water use for essential irrigation
○ Restrict or disallow irrigation entirely
○ Disallow the use of water to fill ornamental lakes, ponds, pools, and fountains
○ Limit or disallow the washing of vehicles.
○ Disallow the spraying of outdoor paved surfaces and using potable water for street cleaning
○ Restrict the use of water from fire hydrants for construction purposes ○ Implement a rate structure for charges and penalties for water use restriction violations
LATEST DROUGHT INFORMATION UPDATE (continued) 5
319
OXNARD’S EDUCATION AND ENFORCEMENT HIERARCHY 6
1st
Violation
Courtesy
Notice/
Educational
Letter
7 day Post
Letter Follow-
up Phone Call
For a first violation, the city may give written notice of the fact of such violation to the customer by personal service, by delivery through regular United States mail addressed to the customer's residence, or any other means reasonably designed to notify the customer of the violation. The notice contains a description of violation, lists all prohibited water waste, and provides resources such as rebate information.

Follow up to see if the customer has received the educational letter. Discuss if the issue has been addressed and offer additional information/resources.
2nd
Violation
Letter - Warning
of Penalty
Letter may contain a description of the facts of the violation, a statement of the possible penalties for violation and a statement informing the customer of his/her right to request an adjustment or an appeal.
3rd
Violation
Penalty A surcharge may be imposed on the customer in an amount equal to 25 percent of the most recent utility bill (exclusive of the sewer and refuse portion of the bill), or $25, whichever is greater, payable as part of the utility bill for the location at which the violation occurred. 4th
Violation
Penalty A surcharge may be imposed on the customer in an amount equal to 50 percent of the most recent utility bill (exclusive of the sewer and refuse portion of the bill), or, $50, whichever is greater, payable as part of the utility bill for the location at which the violation occurred.

Additional
Violations
Fine/Admin
Cites
Impose such other penalty or fine as deemed appropriate by the City Manager, until such time that the City Manager determines that further violations are not likely to occur. 320
● Enhanced conservation messaging
○ Stage 2 restrictions emphasized
○ Coordinated regional messaging with CMWD and Met
○ English and Spanish
● Continued reporting of water waste by all Oxnard staff ○ Reported through 311 app or by email, [email protected], or by calling the Public Works call center at (805) 385-8136 ○ All residents, Homeowners Associations (HOA), commercial establishments, municipal customers, and schools are required to follow the mandatory water conservation measures
● No staff actively patrolling for water waste
● Reports are logged and maintained by water conservation staff within the Water Division
APPROACH TO OUTREACH AND ENFORCEMENT - PHASE 1 7
321
● Historically, the informational and educational approach is well received by the Oxnard community
● During the past 12 months, 11 of 118 water waste reports required an additional follow-up
● Oxnard’s overall water demand has declined:

○ From fiscal year 2014 to fiscal year 2020 there has been an average reduction in overall water use of 15%
■ 26,703 acre-feet in FY 2013-14
■ 21,847 acre-feet in FY 2019-20
● Staff recommends the Phase 1 education and enforcement process and remaining at Stage 2 Water Shortage Condition
PHASE 1 SUPPORTING DATA 8
322
● Staff recommends moving into Phase 2 of the outreach, education, and enforcement plan should a 0% SWP allocation be finalized in Spring 2022
● Staff will bring back a new resolution with the appropriate water shortage stage and conservation measures
○ Water use for public health and safety only
○ No outdoor watering
● Messaging will be strengthened while following in line with CMWD and Met’s outreach and education plan
● Water Conservation Ambassadors will be established to actively patrol for water waste violations
APPROACH TO OUTREACH AND ENFORCEMENT - PHASE 2 9
323
● Per City Code Sec. 22-136. all repairs
shall be completed within 72 hours after
discovery or notice
● Option to enact a 48 hour window for
leak completion as a restriction under a
declared drought shortage, Sec 22-154
LEAK REPAIR 10
● With Resolution No. 14,741, City Council did not elect to use the 48 hour window requirement for repairs of leaks
● Staff recommends that the City stay within the 72 hour leak repair window
○ Allows property owners time to obtain assistance of a professional and/or additional funding
324
LEAK REPAIR (CONTINUED) 11
● The City will be at the forefront of water stewardship:
○ Advanced meter infrastructure (AMI) installation project ■ Beginning early 2022
■ Additional tool to help residents manage water use/leak detection
○ Partnership between Parks and the Water Division
■ Staff will be performing water irrigation surveys to address irrigation leaks and aging infrastructure
■ Anticipates hiring contractors to assist with repairs, funding will be required
○ Water Truck Pilot Program
■ Utilizing water trucks to irrigate parkways and medians where irrigation systems are failing and inefficient
■ Data collected on efficiency
325
FINANCIAL ASSISTANCE FOR LEAKS 12
● Under Resolution No. 15,069 customers can request a one time credit adjustment over the lifetime of their account
● Should the PWTC recommend staff develop a different allowance process for billing adjustments related to water leaks, staff will come back with a recommendation
● Staff does not recommend making any adjustments to the current process that could promote owners unwillingness to permanently address water waste issues during this critical drought time

2. 326
There is no direct financial impact in receiving this report.

FINANCIAL IMPACT 13
327
That the Public Works and Transportation Committee:

1. Recommend the City Council approve the City stay in a Stage 2 water shortage condition pursuant to the City Council approved Resolution No. 14,741;

2. Provide feedback on the water conservation outreach, education, and enforcement plan; and

3. Provide feedback on a potential new resolution with the appropriate water shortage stage and conservation measures should a 0% allocation be finalized in Spring 2022.

RECOMMENDATION 14
328

QUESTIONS
15 329

Oxnard City CouncilJanuary 4, 2022

Oxnard City Council
January 4, 2022