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 18, 2022
Closed Session - 4:30 PM
Appointment Item - 5:00 PM
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: 825 3182 4623
3. Passcode: 787514
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 City 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/citymeetings, 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.
1 AMENDED AGENDA
K.1 Consent - 12/21 Minutes Revised
M.1 Public Hearing – Revised, & N.3 Report - Added
OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY January 18, 2022 PAGE 2
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 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. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, a person may address the legislative body only on matters appearing on the closed session agenda. The presiding officer shall limit public comments to three minutes.
C. CLOSED SESSION (4:30 PM)
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – (Government Code section 54956.8)
Property: Lot known as the Del Norte Vacant Property at the northwest corner of Del Norte Boulevard and Fifth Street in Oxnard, CA 93030 (APNs 216-0-160-225; 216-0-160-465; 216-0- 160-475)
Agency Negotiator: Michael L. Wolfe, P.E., Public Works Director Negotiating Party: Colony Energy Partners
Under Negotiation: Price and terms of payment
Legislative Body: City Council
D. APPOINTMENT ITEMS (5:00 PM)
1. City Attorney Department
SUBJECT: Brown Act Training. (25/25/10)
RECOMMENDATION: That the City Council receive an update and training on the Brown Act.
Legislative Body: City Council
Contact: Stephen Fischer, (805) 385-7483
E. OPENING CEREMONIES (6:00 PM)
Pledge of allegiance to the flag of the United States.
F. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
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. After 30 minutes, if all speakers have not 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.
G. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
2 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY January 18, 2022 PAGE 3
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.
Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430
2. City Manager Department
SUBJECT: List of City Manager Approved Contracts - Informational Only (0/5/5) RECOMMENDATION: That the City Council receive and file the list of City Manager approved contracts for the period July 1, 2021 through December 31, 2021.
Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430
H. 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.
I. 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.
J. 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.
K. INFORMATION/CONSENT AGENDA
1. City Clerk Department
SUBJECT: Approval of Minutes.
RECOMMENDATION: That the City Council approve the revised meeting minutes for the December 7, 2021 and the December 21, 2021 regular meeting as presented.
Legislative Body: City Council
Contact: Rose Chaparro, (805) 385-7805
2. Police Department
SUBJECT: Resolution Commending Raymund Mosones for over Twenty-Six Years of Service to 3 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY January 18, 2022 PAGE 4
the City of Oxnard.
RECOMMENDATION: That the City Council adopt a resolution commending Raymund Mosones for over Twenty-Six Years of Service to the City of Oxnard Police Department.
Legislative Body: City Council
Contact: Jason Benites, (805) 385-7624
3. Police Department
SUBJECT: Resolution Commending Brian Bishop for Thirty-One Years of Exemplary Service to the City of Oxnard.
RECOMMENDATION: That the City Council adopt a resolution commending Brian Bishop for thirty-one years of outstanding service to the City of Oxnard Police Department.
Legislative Body: City Council
Contact: Jason Benites, (805) 385-7624
4. Police Department
SUBJECT: Resolution Commending Brett Smith for over Twenty-Eight Years of Outstanding Service to the City of Oxnard.
RECOMMENDATION: That the City Council adopt a resolution commending Brett Smith for over twenty-eight years of outstanding service to the City of Oxnard Police Department.
Legislative Body: City Council
Contact: Jason Benites, (805) 385-7624
5. Fire Department
SUBJECT: Mutual Aid Response with California Office of Emergency Services.
RECOMMENDATION: That the City Council adopt a resolution approving the side letters with the International Association of Firefighters (IAFF), the Oxnard Mid-Managers Association (OMMA), and the Oxnard Public Safety Managers Association (OPSMA) concerning Mutual Aid Response with California Office of Emergency Service (CalOES). (Community Services, Public Safety, Housing & Development Committee approved 3-0.) Legislative Body: City Council
Contact: Alexander Hamilton, (805) 385-7700
6. Fire Department
SUBJECT: Ratify submission of application for 2021 Emergency Management Performance Grant (EMPG). (In-kind match of $36,393 required.)
RECOMMENDATION: That the Oxnard City Council adopt a resolution:
1. That ratifies the submission of a grant application to the Ventura County Office of Emergency Services for the 2021 Emergency Management Performance Grant (EMPG) in the amount of $36,393 for the purpose of offsetting the salary and benefits of the Emergency Services Manager, and the required salary match of $36,393;
2. That authorizes the City Manager or designee to execute the grant agreement if funds are awarded to the City;
3. That authorizes the Chief Financial Officer or designee to submit financial reports and grant claims, approve budget appropriations for the use of grant funds and perform all other required financial actions; and
4. That authorizes the Fire Chief or designee to submit non-financial reports. 4 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY January 18, 2022 PAGE 5
Legislative Body: City Council
Contact: Alexander Hamilton, (805) 385-7700
7. City Manager Department
SUBJECT: Seventh Annual Recognized Obligation Payment Schedule 2022-2023.
RECOMMENDATION: That the Community Development Commission Successor Agency adopt a Resolution approving the Seventh Annual Recognized Obligation Payment Schedule (ROPS) 22- 23 covering the period of July 1, 2022 - June 30, 2023. (The Finance and Governance Committee approved 3-0)
Legislative Body: City Council
Contact: Ashley Golden, (805) 385-7478
8. City Manager Department
SUBJECT: Enterprise Resource Planning (ERP) Annual Report and Second Amendment to Kreative Core Technologies Corp Contract for ERP Project Management Services.
RECOMMENDATION: That City Council:
a. Receive the Enterprise Resource Planning (ERP) system annual report; and b. Approve and authorize the Mayor to execute a Second Amendment to the Professional Services Agreement with Kreative Core Technologies Corp (9431-21-FN) in the amount of $700,000 for a new not to exceed contract amount of $900,000 and to extend the term from September 30, 2022, to February 1, 2023, for Project Management Services related to the Core Financials and Human Capital Management phases (HCM) of the City’s multi-year ERP implementation. (Finance and Governance Committee approved 3-0)
Legislative Body: City Council
Contact: Shiri Klima, (805) 385-7487
9. Fire Department
SUBJECT: Appropriation of Wildland Fire Reimbursement Revenue.
RECOMMENDATION: That the City Council amend the FY 2021-22 Budget to recognize an additional $695,615 of General Fund revenue from wildland fire reimbursement and appropriate $370,128 to the Fire Department to restore the Department’s original training budget; to improve and expand training related to mutual aid response; and to acquire equipment and supplies. (Community Services, Public Safety, Housing & Development Committee approved 3-0.) Legislative Body: City Council
Contact: Alexander Hamilton, (805) 385-7700
10. Public Works Department
SUBJECT: Agreements for On-Call Professional Hydrogeological Services.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute the following on-call professional hydrogeological agreements:
1. Agreement A-8406 with Groundwater Solutions, Inc. dba GSI Water Solutions, Inc. in the amount not to exceed $250,000 for a three-year term;
2. Agreement A-8407 with ENGEO, Inc. in the amount not to exceed $250,000 for a three-year term; and
3. Agreement A-8408 with Hopkins Groundwater Consultants, Inc. in the amount not to exceed 5 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY January 18, 2022 PAGE 6
$250,000 for a three-year term.
(Public Works and Transportation Committee approved 3-0) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
L. APPOINTMENT ITEMS
1. City Manager Department
SUBJECT: Federal and State Legislative Update and Approval of Second Amendments to Federal and State Lobbyists Contracts. (20/15/15)
RECOMMENDATION: That the City Council:
1. Approve and authorize the Mayor to execute a Second Amendment with HROD, Inc., John R. O'Donnel (A-8049) for federal lobbyist services;
2. Approve and authorize the Mayor to execute a Second Amendment with Michael J. Arnold and Associates, Inc. (A-8050) for State lobbyist services; and
3. Receive and file a report on the City's legislative activity in 2021. (Presentation will be live upon consultant's request.)
Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430
M. PUBLIC HEARINGS
1. Community Development Department
SUBJECT: A request approval of a General Plan Amendment to change the 2030 General Plan land use designation of a 7.61-acre site located along the south side of Fifth Street at the intersection of Portofino Place (south of the Oxnard Airport) (APNs: 185-0-221-025, 185-0-221- 265, and 185-0-223-015) from Business Research Park (BRP) to Residential Medium (RM) (PZ 20-620-02), a Zone Change from Business Research Park to Multiple-Family (R-2) (PZ 20-570- 02), and a Tentative Subdivision Map (Tract No. 6064) for condominium purposes (PZ 20-300-02) to allow for the construction of 90, two-story condominium dwelling units and associated site improvements; adoption of an Addendum to the previously adopted Mitigated Negative Declaration; and approval of an Affordable Housing Agreement. (0/10/10) RECOMMENDATION: That the City Council:
1. Conduct a public hearing; and
2. Adopt a resolution adopting an Addendum to the previously adopted Mitigated Negative Declaration (MND) 2004-11; and
3. Adopt a resolution approving Planning and Zoning Permit No. 20-620-02 (General Plan Amendment) to change the land use designation of the project site from Business Research Park (BRP) to Residential Medium (RM), and
4. Introduce an Ordinance for first reading (by title only, waiving further reading), approving Planning and Zoning Permit No. 20-570-02 (Zone Change) to change the zoning of the project site from Business Research Park to Multiple-Family (R-2), and 6 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY January 18, 2022 PAGE 7
5. Adopt a resolution approving Planning and Zoning Permit No. 20-300-02 (Tentative Subdivision Map for Tract No. 6064), subject to certain findings and conditions, and
6. Approve an Affordable Housing Agreement.
(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/daAoe1o_Ffo
Legislative Body: City Council
Contact: Vyto Adomaitis, (805) 385-7882
N. REPORTS
1. Public Works Department
SUBJECT: City of Oxnard Tree Program Review. (10/10/10) RECOMMENDATION: That the City Council receive and file the City of Oxnard Tree Program Review conducted by Dudek.
(Public Works and Transportation Committee approved 3-0.) (Presentation will be live upon consultant's request.)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
2. Public Works Department
SUBJECT: First Amendment to Agreement A-8294 with Brown and Caldwell for Primary Clarifiers and Activated Sludge Basins Improvement Project PW 21-17. (0/5/5) RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a First Amendment to Agreement A-8294 with Brown and Caldwell in the amount of $330,069 for a new not to exceed contract amount of $1,173,413 for additional design work required for the Primary Clarifiers & Activated Sludge Improvements Project PW 21-17 (Project No. 186607). (This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program.)
Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/kD97xthtjI4
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
3. Fire Department
SUBJECT: Purchase Order for South Coast Fire Equipment for Three Fire Engines $2,603,358.21. (0/10/5)
RECOMMENDATION: That the City Council approve and authorize:
1. The Mayor to execute a Purchase Order for South Coast Emergency Fire Equipment in the amount of $2,603,358.21 for the purchase of three (3) Pierce Fire Engines and
2. A budget appropriation recognizing and appropriating $53,359 from the Lease Purchase Equipment Fund (313).
(This item did not originate in Committee.)
7 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY January 18, 2022 PAGE 8
Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/GQnIrJaVUjQ
Legislative Body: City Council
Contact: Alexander Hamilton, (805) 385-7700
O. ADJOURNMENT
8 CITY COUNCIL AGENDA REPORT
APPOINTMENT ITEMS (5:00 PM)
AGENDA ITEM NO. D.1
DATE: January 18, 2022
TO: City Council
FROM: Stephen Fischer, City Attorney, (805) 385-7483, [email protected] SUBJECT: Brown Act Training. (25/25/10)
RECOMMENDATION
That the City Council receive an update and training on the Brown Act.
BACKGROUND
The City Attorney's Office will provide a summary overview of the key provisions of the Ralph M. Brown Act with a focus on recent Brown Act amendments, and respond directly to Council questions in an interactive fashion.
Accordingly, there is no pre-recorded staff presentation on this item.
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: Paul Early, Assistant City Attorney
ATTACHMENTS
1. Brown Act Revisted
9 Office of the City Attorney
City of Oxnard
2021
10 “All meetings of the legislative body of a local
agency shall be open and public, and all persons
shall be permitted to attend any meeting of the
legislative body of a local agency, except as
otherwise provided in this chapter.”
California Government Code Section 54953(a)
11 City Council
Including newly elected members who have not yet
assumed office.
Boards, Commissions or other advisory bodies
created by the City Council
Standing Subcommittees of the City Council
But NOT
Temporary Committees for a single purpose (ad hoc)
Bodies advising a single person
12 Any gathering of a majority (4) of the members of the Council to:
Hear;
Discuss;
Deliberate; or
Take Action on any item that is within the subject matter jurisdiction of the City Council.
EXCEPT
Distribution of memorandums from staff, leagl opinions from counsel, conferences that are open to the public and deal with issues of general concern, attendance at another open and noticed Brown Act meeting, or purely social or ceremonial occasions.
13 A serial meeting is typically a series of communications (face to face, telephone, email, text, social media), each of which involves less than a quorum of the Council, but as a whole, involves a majority of the body’s members.
Daisy Chain:
Anthony communicates with Belinda
Belinda communicates with Carlos & Dorothy
Or
Hub & Spoke:
Anthony communicates individually and separately with
Belinda, Carlos and Dorothy
14 AB992 Effective Jan. 1, 2021 – Jan. 1 2026
Prohibits communications even between only two
Councilmembers on social media platforms.
Applies to any social media platform that is open and accessible to the public. Including, but not limited to, Facebook, Instagram, Twitter, Snapchat, internet chat
rooms, blogs etc.
Councilmembers may NOT respond directly to any
communication on an internet based social media
platform regarding a matter within their subject matter jurisdiction that is made, posted, or shared by any other Councilmember.
Includes Likes, comments, thumbs up, emojis or any other symbols.
15 Must be posted 72 hours in advance for regular
meeting and 24 hours in advance for a special
meeting.
Must contain enough detail to give the public a
reasonable idea of what will be discussed and/or
acted upon.
Provide date, time and location for the meeting and
for any document inspection.
May add an item if:
Majority declare an emergency situation
2/3rd vote that there is a need to hear item now and
issue came to the attention of the agency after the
agenda was posted
16 Public Comment on any agenda item, before or
during the consideration of the item AND on
any item within the City Council jurisdiction.
Fair and reasonable time limits may be
established.
Additional time should be provided when
translation necessary.
Public comment is not debate.
17 AB361 effective October 1, 2021.
City may hold virtual (teleconference) meetings during a proclaimed state of emergency where state or local officials have imposed or recommended measures to promote social
distancing.
Members of the public must be allowed to address the
Council in real-time during the meeting.
In the event of a technical disruption, the Council cannot take any further action on the agenda until the issue is resolved.
To continue with virtual meetings, the City must reconsider the circumstances of the emergency every 30 days and
determine that either the state of emergency continues to directly impact the ability of the members to meet safely in person; or, state or local officials continue to impose or recommend measures to promote social distancing.
18 Exemptions from the open meeting
requirement but must still properly notice,
agendize and allow for public comment.
Litigation
Real estate negotiations
Public Employment
Labor Negotiations
Public Security
Closed Session meetings are confidential and may not
be disclosed.
19 CITY COUNCIL AGENDA REPORT
REPORT OF CITY MANAGER/EXECUTIVE
DIRECTOR/SECRETARY
AGENDA ITEM NO. G.2
DATE: January 18, 2022
TO: City Council
FROM: Alexander Nguyen, City Manager, (805) 385-7430, [email protected] SUBJECT: List of City Manager Approved Contracts - Informational Only (0/5/5)
RECOMMENDATION
That the City Council receive and file the list of City Manager approved contracts for the period July 1, 2021 through December 31, 2021.
BACKGROUND
On June 12, 2018, the City Council approved Ordinance No. 2943 changing the City's Purchasing Procedures. Ordinance No. 2943 increased the threshold for City agreements/contracts, change orders/amendments and purchase orders allowing the City Manager to award and execute any procurement contract or purchase order up to $200,000 annually. Additionally, the City Manager may execute any amendment that, collectively with the original purchase order or contract and all amendments thereto, does not exceed $200,000 annually. The attached list of contracts, purchase orders and amendments meet the criteria of amounts of being between $101,000 to $200,000 annually (including all prior amendments) for the period between July 1, 2021 through December 31, 2021.
STRATEGIC PRIORITIES
This agenda item supports the Organizational Effectiveness strategy. The purpose of the Organizational Effectiveness strategy is to reinforce, stabilize, improve, and strengthen the organizational foundation of the City in order to build a modern, high-functioning City government that effectively and efficiently supports the operating departments in providing high-quality services and programs for our residents and businesses.
FINANCIAL IMPACT
There is no financial impact.
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Luly Lopez, Executive Assistant I
ATTACHMENTS
1. City Manager Contract Log July 1, 2021 through December 31, 2021.xlsx - Sheet1 20 City Manager Contract List - July 1, 2021 through December 31, 2021 Contracts from $101,000 to $200,000 Annually
Date Vendor Purpose
Value of Item
Signed Total Value
1 7/1/2021 US Metro Group, Inc. (9300-21-PW)
Agreement for trade services for janitorial services for City parks' restrooms $130,000.00 $130,000.00
2 7/8/2021
Garcia's Landscape Maintenance, Inc. (9299-21-
PW)
Agreement for on-call landscape irrigation systems repairs and maintenance in special districts $200,000.00 $200,000.00 3 7/8/2021
Government Jobs.com, Inc. (dba NeoGov) (9295-
21-HR) Agreement for learning and onboarding training software $192,587.00 $192,587.00 4 7/8/2021 Oilfield Electric and Motor (9298-21-PW)
Professional services agreement for on-call lighting and electrical repair services in special districts $200,000.00 $200,000.00 5 7/8/2021 Fairbanks Scales Inc. (8955-20-PW)
Professional services agreement for on-call repair and
preventative maintenance services of weight scales at Del Norte Recycling and Transfer Station $75,000.00 $175,000.00
6 7/8/2021 Mariposa Landscapes, Inc. (A-8339)
Purchase order pursuant to Council-approved professional services agreement for weekly lawn mowing for Parks Region p $143,628.00 $475,000.00 7 7/14/2021 Mariposa Landscapes, Inc. (A-8340)
Purchase order pursuant to Council-approved professional services agreement for weekly lawn mowing for Parks Region 2 $129,876.00 $430,000.00 8 7/14/2021 Mariposa Landscapes, Inc. (A-8342)
Purchase order pursuant to Council-approved professional services agreement for weekly lawn mowing for Parks Region 4 $167,256.00 $550,000.00 9 7/22/2021 Brown and Caldwell (9137-21-PW)
First amendment to agreement for design and documentation of total organic carbon analyzers for AWPF $115,792.00 $199,942.00 10 7/22/2021 101 Roofing & Construction (9262-21-PW)
Public works contract for Colonia Gymnasium roof replacement project $179,297.16 $179,297.16
11 7/22/2021 County of Ventura (9308-21-FI)
Grant award to City of Oxnard Fire Department & GIS to test local wastewater for COVID-19 $93,527.00 $93,527.00
12 7/22/2021 DRAGG, Inc. (9196-21-PO)
Professional services agreement for direct services related CALVIP Grant (e.g., youth mentoring and automotive aducation) $120,000.00 $120,000.00 13 7/26/2021 US Metro Group (9300-21-PW)
First amendment to daily janitorial services agreement; adding Riverpark CFD $25,000.00 $155,000.00
14 7/26/2021 Waisman Construction, Inc. (9326-21-PW)
Public works contract for the City Council Chambers asbestos abatement and ceiling improvement project $128,500.00 $128,500.00 15 7/26/2021 Huitt-Zollars, Incorporated (8790-19-PW)
First amendment to professional services agreement to design Oxnard Blvd. bicycle facilities installation project; add $4,987 and extend end date through November 5, 2024 $4,987.00 $199,963.00 16 8/3/2021 Insight Public Sector, Inc.
License and maintenance purchase order for Cisco SMARTnet (IT firewall and switch equipment) $164,711.00 $164,711.00
17 8/5/2021 Compuwave
Purchase of computer workstations for Bluebeam software, part of Tyler ERP implementation $117,971.27 $117,971.27
18 8/19/2021 Econolite Systems, Inc. (9315-21-PW) Trade services agreement for traffic signal maintenance $200,000.00 $200,000.00 19 8/25/2021 Corus360 Purchase order for Crowdstrike Flacon Security Software $145,977.00 $145,977.00 20 8/26/2021 Office Depot Purchase order to increase funds for office supplies $100,000.00 $200,000.00 21 9/1/2021 Quinn Company
Purchase order for Multi Quip WhisperWatt backup generator for Waste Water $153,506.09 $153,506.09
22 9/1/2021 Bartle Wells Associates (9332-21 PW)
Professional services agreement for development Infrastructure Use Fee Study $120,000.00 $120,000.00
23 9/10/2021 Software One, Inc.
Purchase order for Microsoft licenses to support the New World 911 System $121,688.00 $121,688.00
24 9/10/2021 Interwest Consulting Group, Inc. (A-8170)
Task order (pursuant to prior City Council contract approval) for traffic signal timing and coordination plans and system upgrades $111,807.50 $111,807.50 25 9/28/2021 Tri County Office Furniture Purchase order for office furniture $39,403.97 $200,000.00 26 9/29/2021 Zumar Industries, Inc. Purchase order for as needed street and way finding signs $200,000.00 $200,000.00 27 9/29/2021 EHS International, Inc. (9429-21-PW)
Professional service agreement for Wastewater Division's safety training $150,000.00 $150,000.00
28 10/8/2021 Quinn Company Purchase order for P265 Paving Machine $167,933.78 $167,933.78 29 10/11/2021 Tomar Construction, Inc. (9433-21-PW)
Public works contract for the City Attorney's Office Tenant Improvement Project Specification No. PW 21-102 $161,201.00 $161,201.00 30 10/13/2021 AllStar Fire Equipment Inc. Purchase order for turnouts $158,542.64 $158,542.64 31 10/13/2021 Granite Construction, Inc. (A-8351)
Task order pursuant to Council-approved on-call public works contractf or residential street resurfacing (phase I) $4,566,768.17 $12,000,000.00 32 10/13/2021 McKesson Medical-Surgical, Inc.
First amendment to purchase order for PPE equipment and COVID-19 rapid testing $100,000.00 $200,000.00
33 10/20/2021 Toro Enterprises, Inc. (A-8131)
Task order for rebuilding concrete deck around Central Park fountain $121,240.00 $4,500,000.00
34 10/20/2021 ASR Systems, LLC (9064-20-PW)
First amendment to increase value and add ASR operating modes and SCADA details to the scope of services $48,626.00 $192,337.00 35 10/20/2021 Prime Point Contracting, Inc. (9426-21-PW) Public works contract for the demolition of Lift Station 28 Project PW21-57 $136,784.70 $136,784.70
36 10/20/2021 Twining, Inc. (8256-18-PW)
Task order pursuant to Council- approved on-call professional services agreement for soils/materials testing and inspection $151,200.00 $600,000.00 37 10/28/2021
Monjares and Wismeyer Group, Inc. DBA Return
to Work Partners (8820-19-HR)
Second Amendment for professional services for ADA Reasonable accommodation for City of Oxnard employees $60,000.00 $120,000.00 38 11/4/2021 National Auto Fleet Group
Purchase order for eight command vehicle chassis; ratified by Council on January 4,2022 $419,673.90 $419,673.90
39 11/4/2021 Hawk Pros Bird Control, LLC (9432-21-PW)
Trade services agreement for falconry services at Del Norte Recycling and Transfer Station $150,000.00 $150,000.00
40 11/8/2021 Vertical Elevator Solutions, Inc. (A-8231) First amendment to trade services agreement for elevator preventative maintenance and on-call repair services $100,000.00 $200,000.00 21 41 11/10/2021 Prime Point Contracting, Inc. (9426-21-PW) Purchase order pursuant to public works contract for the demolition of Lift Station 28 Project PW21-57 $136,784.70 $136,784.70 42 11/10/2021 PCS Mobile Purchase order for Panasonic Toughbook and FZ55 services $198,480.89 $198,480.89 43 11/18/2021 Downstream Services, Inc.
Trade services agreement for on-call closed circuit television and condition assessment of City Wastewater Collection System $200,000.00 $200,000.00 44 11/19/2021 SBS Corporation (A-8314)
Change order to Civic Annex Third Floor Tenant Improvement Project for unanticipated ceiling work $157,242.69 $157,242.00 45 11/19/2020 Kreative Core Technologies, Inc. (9431-21-FN) First Amendment to Professional Services Agreement for ERP project management $179,000.00 $200,000.00
46 11/22/2021 Insight Public Sector, Inc. Purchase order for cyber security infrastructure $35,774.02 $200,000.00 47 12/2/2021 Casamar Group, LLC (8795-19-PW)
Task order for project management of public works projectslabor compliance on public works projects $103,548.00 $750,000.00 48 12/7/2021 MNS (A-8159) Task order for lift station improvements $111,270.00 $111,270.00 49 12/7/2021 NVB Equipment (9483-21-PW)
Agreement for trade services for fire supression preventative maintenance $200,000.00 $200,000.00
50 12/8/2021 Leighton Consulting, Inc. (A-8079)
Amendment to task order for soils and compaction testing on La Colonia Neighborhood Water Cast Iron Pipe Replacement Project $147,427.50 $600,000.00 51 12/20/2021 Home Depot Purchase order for smoke/carbon monoxide detectors $131,263.88 $131,263.88 52 12/8/2021 F. Morton Pitt Purchase order for public safety uniforms and uniform repairs $100,000.00 $200,000.00 53 12/28/2021 South Coast Emergency Vehicle Purchase order increase for emergency vehicle repairs $100,000.00 $200,000.00 54 12/28/2021 L.N. Curtis and Sons Purchase order increase for fire safety and emergency supplies $102,000.00 $199,000.00 55 12/28/2021 Fastenal Company Purchase order increase for maintenance and hardware supplies $100,000.00 $200,000.00 56 12/29/2021 Western Baler & Conveyor, Inc. (9294-21-PW) First amendment to trade services agreement for materials for transfer station repair $24,177.71 $120,000.00
57 12/29/2021 Granite Construction, Inc. (A-8352) Task order for alley reconstruction at various locations $1,825,092.31 $10,000,000.00 58 12/29/2021 Granite Construction, Inc. (A-8351) Amendment to task order for tree grates and storm drains $4,645,601.84 $12,000,000.00 22 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.1
DATE: January 18, 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 revised meeting minutes for the December 7, 2021 and the December 21, 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 07 2021 CC Regular Meeting
2. MINUTES 12 21 2021 CC Regular Meeting
23 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, Oxnard, 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; Betsy 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 Partner 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))
24 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. for 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 opioid 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 Councilmember 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 25 DECEMBER 7, 2021 OXNARD CITY COUNCIL PAGE 3
recommended action as presented. VOTE: Lopez, MacDonald, Basua, Perello, and Zaragoza voted in favor; the motion carried 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 teleconference 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 everyone 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. Councilmember 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 attend the Aquatic Center meeting at College Park this Saturday Selected to support Jungle Juice as her local business. 26 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 Sauce 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 lighting 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 27 DECEMBER 7, 2021 OXNARD CITY COUNCIL PAGE 5
Brisslinger for twenty-one years of outstanding service to the City of Oxnard Police Department.
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 Perello, seconded by Mayor Zaragoza, to pull consent item L.1 from the consent agenda. VOTE: MacDonald, Perello, Basua, Madrigal, Zaragoza, Teran, and Lopez voted 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 (Existing 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. A supplemental letter from Seena M. Samimi on behalf of Jeffer Mangels Butler & Mitchell LLP, regarding FGH Retail Services, LLC was dated and received on 28 DECEMBER 7, 2021 OXNARD CITY COUNCIL PAGE 6
December 7, 2021, and it was forwarded to Council.
Jose Coyotl, Associate Planner; 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. The Appellant (Seena Max Samimi and Stanley Rothbart) made a presentation and the Applicant (Vanessa Hernandez and Michael Chernis) made a presentation.
Public comments were received from Nancy Lindholm, Marissa Roman, Ariella Dragonberg, Bobby Martinez, Jesse Ramos, Andrew Salinas, Ofer Rosenzweig, Eileen [unknown last name], Christina Zbko, Laura McAvoy, and Beverly Gutierrez.
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 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. (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 Scott 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.
29 DECEMBER 7, 2021 OXNARD CITY COUNCIL PAGE 7
It was moved by Councilmember Basua, seconded by Councilmember Teran, 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 recused himself and abstained due to owning property near the project location.
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:
30 DECEMBER 7, 2021 OXNARD CITY COUNCIL PAGE 8
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;
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.
31 DECEMBER 7, 2021 OXNARD CITY COUNCIL PAGE 9
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.
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
32 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)
MINUTES
OXNARD CITY COUNCIL
Regular Meeting
December 21, 2021
A. ROLL CALL, POSTING OF AGENDA
At 5:02 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, Oxnard, 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, Oscar Madrigal, Bert E. Perello; and Gabriel (Gabe) Teran were present via videoconference. Mayor Zaragoza was present in person.
Housing Authority Commissioner Jose Andrade and Commissioner Francisco Vega joined the meeting at 6:00 p.m., via videoconference.
Staff members present in person were Alexander Nguyen, City Manager; Stephen M. Fischer, City Attorney; and Rose Chaparro, City Clerk.
Staff members Ashley Golden, Assistant City Manager; Shiri Klima, Deputy City Manager; Jason Benites, Police Chief; Denise Shadinger, Assistant Chief of Police; Eric Sonstegard, Assistant Chief of Police; John Colamarino, Assistant Fire Chief; Michael Wolfe, Public Works Director; Steve Howlett, Assistant Public Works Director; Badaoui Mouderres, Technical Services & Water Quality Manager; Jan Hauser, Wastewater Division Manager; Emilio Ramirez, Housing Director; Isidro Figueroa, Principal Planner; Jennifer Hiraoka, Sr. Manager of Internal Controls & Acting Controller; and Eden Alomeri, Revenue & Licensing Director & Assistant City Treasurer participated via videoconference.
Megan Quinn, Consultant with Harris and Associates 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 (5:00 PM)
1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Government Code Section 54956.9(d)(1))
Name of case: John Curtis Newman, III v. City of Oxnard; et al.
United States District Court, Central District, Case No. 2:20-cv-03173-ODW-JC 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.
Legislative Body: City Council
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – (Government Code section 54956.8) Properties: 3139 South J Street, Oxnard (APN 205-0-041-115 33 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY December 21, 2021 PAGE 2
Agency Negotiator: Ashley Golden, Assistant City Manager Negotiating Party: Emilio Ramirez, Housing Director, Oxnard Housing Authority Under Negotiation: Price and terms of payment/transfer
Legislative Body: City Council
At 5:08 p.m., the City Council recessed to a closed session. At 6:03 p.m., the City Council reconvened in open session in the Council Chambers. The City Attorney announced that there were no reportable actions out of closed session.
D. OPENING CEREMONIES (6:00 PM)
The flag salute was followed by a moment of silence.
E. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA (None received.) F. 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.
Alexander Nguyen, City Manager, presented and answered questions from Council. No public comments were received.
G. CITY COUNCIL REPORTS
Mayor Pro Tem MacDonald selected Pronto Brake and Muffler as his recommendation for a local business. He also reported that he has received complaints from residents that the 311 application is not functional.
Councilmember Lopez selected Tune Ups Plus as her recommendation for a local business. She thanked the Parks and Recreation Department staff for all the holiday events. She wished everyone a happy holiday season and very happy New Year.
Councilmember Teran selected La Mexicana Bakery as his recommendation for a local business. He thanked residents for their support and welcoming him back to the Council. He announce that anyone that may be experiencing mental health or substance abuse disorders can contact the Ventura County Access Line (844) 385-9200, these services are available at no cost. The Suicide Prevention Line is available at (800) 273-8255 and online at suicide preventionline.org. He wished everyone a happy holiday season and a very happy New Year.
Councilmember Basua selected Xielo Artisan Desserts as her recommendation for a local business. She thanked the City staff that attended the South Oxnard Aquatic Center meeting at College Park. She thanked the participants for their hard work and involvement during this process. Wished everyone a Merry Christmas.
Councilmember Madrigal selected Xielo Artisan Desserts as his recommendation for a local family 34 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY December 21, 2021 PAGE 3
owned business. He thanked the Parks and Recreation Department staff for organizing all the events held during the holiday season, such as Santa and the tree lighting events. He attended the South Oxnard Aquatic Center meeting. He thanked everyone that organized and participated in the events and the many organizations that made donation of food, toys, and gifts for the children throughout the City.
Councilmember Perello selected Masa Hair as his recommendation for a local business. He thanked Councilmember Teran for providing the mental health services information. He reported attending the Airport Noise meeting. He attended the holiday food and toy drive event at the Harbor. He also thanked the many organizations that donated food, toys, money, and other generous donations for the residents throughout the City of Oxnard. He thanked Terrel Harrison, Cultural & Community Services Director and his staff, for organizing the many events throughout the City during this holiday season. He also thanked Anderson Paak for performing a concert at Oxnard College Park and helping the community.
Mayor Zaragoza selected to recommend El Concilio Family Services as his local business. He attended the Oxnard Christmas Potluck at Rose Park with Councilmember Madrigal. He attended a fundraiser held to renovate the baseball fields at Channel Islands High School for the school’s baseball program. He thanked the project’s contractor, Rob Casillas, for his generous donations for this project. He wished the residents, Council members, Committee members, and staff a happy holiday season. He also thanked all the residents of Oxnard for supporting and voting yes on Measure E. There are many improvements being done throughout the City and it is making a positive change.
H. REVIEW OF INFORMATION/CONSENT AGENDA
Items J-1 through J-17 were discussed among the Council and staff.
I. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA (None received.) J. INFORMATION/CONSENT AGENDA
1. City Clerk Department
SUBJECT: Approval of Minutes.
RECOMMENDATION: That the City Council approve the minutes of the October 19, 2021 and November 16, 2021 regular meetings as presented.
2. Police Department
SUBJECT: Resolution #15,520 Commending Diana Burns for 38 Years of Service to the City of Oxnard.
RECOMMENDATION: That the City Council adopt Resolution #15,520 commending Diana Burns for 38 Years of Service to the City of Oxnard. (This item did not originate in Committee.)
3. Community Development Department
SUBJECT: Adoption of Ordinance No. 3006 - Planning & Zoning (PZ) Permit No. 21-580-05 Bed and Breakfast Parking Regulations (Zone Text Amendment).
RECOMMENDATION: That the City Council adopt Ordinance No. 3006 amending the Oxnard City Code Section 16-374 “Standards for Traditional Bed and Breakfast (Homestay)” allowing Bed and Breakfast Homestays (containing no more than two guest bedrooms) located on corner lots may 35 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY December 21, 2021 PAGE 4
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. (On July 27, 2021, the Community Services, Public Safety and Housing and Development Committee received a summary report and referred the item to the Planning Commission. On October 21, 2021, the Planning Commission conducted a public hearing.)
4. Billing and Licensing Department
SUBJECT: Ratification of the First Amendment to Agreement with Paymentus, Inc. for Credit Card Services.
RECOMMENDATION: That the City Council ratify the first amendment to Agreement 9046-20-CT with Paymentus, Inc. to add the function of credit card merchant processor in the scope of services to be performed by Paymentus, Inc.
(The Finance and Governance Committee approved 2-0 on November 23, 2021.)
5. Public Works Department
SUBJECT: Agreement A-8403 to GSE Construction Company, Inc. for the Total Organic Carbon Analyzer Project (Rebid), Specification No. PW 21-15R.
RECOMMENDATION: That the City Council approve and authorize the following for a total of $285,240 in Project funds for the Total Organic Carbon (TOC) Analyzer Project (Rebid), Specification No. PW 21-15R (Project No. 216505):
1. The Mayor to execute Agreement A-8403 with GSE Construction Company, Inc. in the amount of $237,700 for the Project;
2. A Project contingency amount of $23,770;
3. A Project allocation of $23,770 for engineering, inspection, survey and project management; and
4. A budget appropriation in the amount of $95,087 from the available fund balance in the Water Operating Fund (601) for the Project.
(This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program.)
6. Fire Department
SUBJECT: Formal Adoption of 2021 City of Oxnard Emergency Operations Plan (EOP) Update.
RECOMMENDATION: That the City Council adopt Resolution #15,521 adopting the 2021 Emergency Operations Plan (EOP) Update and authorize the Mayor to sign the Letter of Promulgation.
(The Community Services, Public Safety, and Housing & Development Committee approved 3-0 on November 23, 2021.)
7. Fire Department
SUBJECT: Ratification to submit seven (7) grant applications to Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant (AFG) for $1,999,836 for the purpose of purchasing an Aerial Apparatus (Ladder Truck), Medical Squad, Tactical Emergency Medical Services (TEMS) Training, Wildland Gear, Extractors, Battery Operated Extrication Equipment, and Thermal Imaging Cameras. (Matching requirement of up to $180,819.) RECOMMENDATION: That the City Council adopt Resolution #15,522:
36 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY December 21, 2021 PAGE 5
1. That ratifies the submission of seven (7) grant applications to the Federal Emergency Management (FEMA) Assistance to Firefighters Grant (AFG) for $1,999,836, including a 10% local match for the purpose of purchasing an aerial apparatus, medic squad, extractors, battery-operated extrication equipment, thermal imaging cameras, wildland gear and Tactical Emergency Medical Services (TEMS) training;
2. That authorizes the City Manager or designee to execute the grant agreements if grant funds are awarded to the City;
3. That authorizes the Chief Financial Officer or designee to submit financial reports and grant claims for the use of match and grant funds and perform all other required financial actions; and
4. That authorizes the Fire Chief or designee to submit non-financial reports. (The Community Services, Public Safety, and Housing & Development Committee approved 3-0 on November 23, 2021.)
8. Public Works Department
SUBJECT: Agreement A-8377 with U.S. Metro Group, Inc. to Provide Custodial Services for Citywide Park Restrooms.
RECOMMENDATION: That the City Council approve and authorize the:
1. Mayor to execute Agreement A-8377 with U.S. Metro Group, Inc. for a term of one (1) year and the option to extend for two (2) consecutive periods of one (1) year each, not to surpass January 31, 2025, and for a total contract not-to-exceed amount of $1,800,000, for custodial services for citywide park restrooms; and
2. Purchasing Agent to execute amendments to Agreement A-8377 for a total term of three (3) years with a possible ultimate termination date of January 31, 2025 and a total not-to-exceed amount of $1,800,000. (Public Works and Transportation Committee approved 3-0 on November 23, 2021.)
9. Public Works Department
SUBJECT: Second Amendment to County of Ventura and Ventura County Watershed Protection District Agreement A-8295 - Harbor Beaches of Ventura County Bacteria TMDL Special Studies and Compliance Actions.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a Second Amendment to Agreement A-8295 with the County of Ventura and the Ventura County Watershed Protection District in the amount of $71,288.54 for a new not to exceed contract amount of $232,958.54 and to extend the term to December 31, 2022, for the City of Oxnard’s share of Harbor Beaches of Ventura County Total Maximum Daily Load special studies and compliance actions. (Public Works and Transportation Committee approved 3-0 on November 23, 2021.)
10. Public Works Department
SUBJECT: Agreement A-8381 with Woodard & Curran, Inc., for the Utility Master Plan Update Project PW 21-83.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute Agreement A-8381 with Woodard & Curran, Inc., in the amount of $899,239 for a term of two years for the Utility Master Plan Update Project, Specification No. PW 21-83. (Public Works and Transportation Committee approved 3-0 on November 23, 2021.)
11. Public Works Department
37 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY December 21, 2021 PAGE 6
SUBJECT: Agreements for On-Call Professional Engineering Services.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute the following on-call professional engineering agreements:
1. Agreement A-8384 with Twining, Inc. in the amount not to exceed $750,000 for a three-year term;
2. Agreement A-8385 with Earth Systems Pacific in the amount not to exceed $500,000 for a threeyear term;
3. Agreement A-8386 with Construction Testing and Engineering, Inc. in the amount not to exceed $500,000 for a three-year term;
4. Agreement A-8387 with Black, O’Dowd, and Associates, Inc. in the amount not to exceed $1,000,000 for a three-year term;
5. Agreement A-8389 with Roesling Nakamura Terada Architects, Inc. in the amount not to exceed $1,000,000 for a three-year term;
6. Agreement A-8390 with SVA Architects, Inc. in the amount not to exceed $1,000,000 for a threeyear term.
7. Agreement A-8396 with LSY Enterprise Inc. in the amount not to exceed $1,000,000 for a threeyear term; and
8. Agreement A-8397 with TJKM Transportation Consultants in the amount not to exceed $1,000,000 for a three-year term.
(Public Works and Transportation Committee approved 3-0 on November 23, 2021.)
12. Public Works Department
SUBJECT: Second Amendment to Agreement A-8221 with Big Truck Rental, LLC for Short-Term Rental of additional Compressed Natural Gas (CNG) Residential Refuse Collection Vehicles for the Environmental Resources Division.
RECOMMENDATION: That the City Council:
1. Approve and authorize the Mayor to execute a Second Amendment to Rental Agreement A-8221 with Big Truck Rental, LLC in the amount of $464,000 for a new total not to exceed $1,707,200 for a term of six months for the short-term rental of eight additional compressed natural gas (CNG) residential refuse collection vehicles; and
2. Approve a budget appropriation in the amount of $464,000 from the available fund balance in the Solid Waste Operating Fund (631).
(Public Works and Transportation Committee approved 3-0 on November 23, 2021.)
13. Finance Department
SUBJECT: Second Amendment to Agreement A-8012 with NHA Advisors for financial advisory services, disclosure compliance, and CDIAC reporting services.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a Second Amendment to Professional Services Agreement No. A-8012 with NHA Advisors for a five-year extension in the amount of $100,000 per year ($500,000 total for the amendment or, including the prior amount, $800,000 total contract).
(The Finance and Governance Committee approved 2-0 on November 23, 2021.)
14. Fire Department
SUBJECT: Resolution Commending Roy Peacock for 37 Years of Exemplary Service to the City of Oxnard.
38 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY December 21, 2021 PAGE 7
RECOMMENDATION: That the City Council adopt Resolution #15,523 commending Roy Peacock for 37 years of exemplary service to the City of Oxnard Fire Department. (This item did not originate in Committee.)
15. Finance Department
SUBJECT: Fiscal Year 2020-21 Annual Report on Development Impact Fees (AB1600).
RECOMMENDATION: That the City Council receive and file the annual development impact fee report (AB1600) for the fiscal year ended June 30, 2021.
16. City Manager Department
SUBJECT: First Amendment with Vasquez & Company LLP for On-Call Internal Auditing Services.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a First Amendment to the Professional Services Agreement with Vasquez & Company, LLP (9051-20-CM) in the amount of $75,000 for a not to exceed contract amount of $100,000 and to extend the term 3 more years until December 31, 2024, for On-Call Internal Auditing Services. (The Finance and Governance Committee approved 2-0 on November 23, 2021.)
17. Public Works Department
SUBJECT: Resolution #15,524 Commending Reyes Covarrubias for 20 Years of Services to the City of Oxnard.
RECOMMENDATION: That the City Council adopt a resolution commending Reyes Covarrubias for 20 Years of Services to the City of Oxnard. (This item did not originate in Committee.) Councilmember Teran noted a correction needed to consent item J.13, that the Finance and Governance Committee approved by a 2-0 vote, on November 23, 2021. This correction will be made to the meeting agenda and the meeting minutes.
Consent Items J.1, J.2 and J.4 – J.17
It was moved by Councilmember Lopez, seconded by Councilmember Perello, to approve the Information/Consent items as presented with the revision as noted. VOTE: MacDonald, Perello, Basua, Madrigal, Zaragoza, Teran, and Lopez voted in favor; motion passed 7-0.
Consent Item J.3
It was moved by Councilmember Lopez, seconded by Councilmember Perello, to approve the Information/Consent item as presented. VOTE: Perello Basua, Madrigal, Zaragoza, Teran, and Lopez voted in favor, MacDonald voted against, motion passed 6-0-1. Mayor Pro Tem MacDonald abstained due to owning property near the project location for item J.3.
K. PUBLIC HEARINGS – (Public hearing agenda item was continued.)
1. Housing Department
SUBJECT: Amendment to the Housing Authority Annual Agency Plan and Housing Choice Voucher Program Administrative Plan. (0/10/10)
RECOMMENDATION: That the Board of Commissioners:
39 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY December 21, 2021 PAGE 8
1. Conduct a public hearing to receive comments concerning recommended amendments to the 2021 Annual Agency Plan and the Housing Choice Voucher Administrative Plan;
2. Adopt the attached Resolution approving the amended 2021 Annual Agency Plan and the Housing Choice Voucher Administrative Plan; and
3. Authorize the Oxnard Housing Authority to submit the amended 2021 Annual Agency Plan and the Housing Choice Voucher Administrative Plan to the United States Department of Housing and Urban Development. (This item did not originate in Committee.) Council made a motion to continue this public hearing to the January 18, 2022 Council meeting.
It was moved by Councilmember Perello, seconded by Councilmember Lopez, to approve the recommended action. VOTE: Lopez, Basua, Teran, Zaragoza, MacDonald, Perello, Madrigal and Housing Commissioner Andrade voted in favor; motion passed 8-0. Commissioner Vega was not available to vote due to technical issues.
L. REPORTS
1. Finance Department
SUBJECT: Proposed City Council Policy for Internal Control Integrated Framework - Monitoring Activities. (0/10/10)
RECOMMENDATION: That the City Council adopt a resolution adopting the Policy for Monitoring Activities of Internal Controls to define the City Council's internal control activities as they relate to monitoring activities of internal controls.
(The Finance and Governance Committee approved 2-0 on November 23, 2021.) (Presentation will be live upon consultant's request.)
Jennifer Hiraoka, Senior Manager of Internal Controls & Acting Controller, presented and answered questions.
No public comments were received. Discussion ensued among the Council and staff.
Councilmember Teran noted a correction needed to the agenda for this report, that the Finance and Governance Committee approved by a 2-0 vote, on November 23, 2021. This correction will be made to the meeting agenda and the meeting minutes.
It was moved by Mayor Zaragoza, seconded by Mayor Pro Tem MacDonald, to approve the recommended action as presented with the correction. VOTE: MacDonald, Zaragoza, Perello, Madrigal, Basua, Teran, and Lopez voted in favor; motion passed 7-0.
2. Public Works Department
SUBJECT: Agreement A-8404 to Toro Enterprises, Inc. for the Water Cast Iron Pipe Replacement Project at Various Locations and Storm Drainage Improvement Project at Hueneme Road, Specification No. PW 21-98. (0/5/5)
RECOMMENDATION: That the City Council approve and authorize the following for a total of $3,643,818 in Project funds for the Water Cast Iron Pipe Replacement Project at Various Locations 40 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY December 21, 2021 PAGE 9
and Storm Drainage Improvement Project at Hueneme Road, Specification No. PW 21-98 (Project Nos. 206506, 216502 & 215707):
1. The Mayor to execute Agreement A-8404 with Toro Enterprises, Inc. in the amount of $3,036,516 for the Project;
2. A Project contingency amount of $303,651 for the Project; and
3. A Project allocation of $303,651 for engineering, inspection, survey and project management for the Project.
(This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program.)
Michael Wolfe, Public Works Director introduced Tatiana Arnaout, Senior Civil Engineer who 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 Teran, to approve the recommended action as presented. VOTE: Teran, Basua, Zaragoza, Lopez, MacDonald, Madrigal, and Perello voted in favor; motion passed 7-0.
3. Police Department
SUBJECT: Report on Police Department's Automated License Plate Reader (ALPR) Program. (0/5/5) RECOMMENDATION: That the City Council receive and file a report on the Police Department's Automated License Plate Reader (ALPR) Program.
(The Community Services, Public Safety, Housing & Development Committee approved 3-0 on November 23, 2021.)
Denise Shadinger, Assistant Chief of Police, 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.
M. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 7:13 p.m.
ROSE CHAPARRO JOHN C. ZARAGOZA
City Clerk Mayor
41 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.2
DATE: January 18, 2022
TO: City Council
FROM: Jason Benites, Police Chief, (805) 385-7624, [email protected] SUBJECT: Resolution Commending Raymund Mosones for over Twenty-Six Years of Service to the City of Oxnard.
RECOMMENDATION
That the City Council adopt a resolution commending Raymund Mosones for over Twenty-Six Years of Service to the City of Oxnard Police Department.
BACKGROUND
On December 31, 2021, Officer Raymund Mosones retired after over twenty-six years of outstanding service to the City of Oxnard as a member of the Oxnard Police Department. Officer Mosones began his law enforcement career with the City of Oxnard on January 9, 1995, after he graduated from the Ventura County Criminal Justice Center Police Academy, where his passion for public service was ignited.
Throughout his career, Officer Mosones held a wide variety of assignments within the Police Department, including Patrol, Bicycle Patrol Team, Youth Services Officer, Interim Director of the Oxnard Police Activities League, Special Enforcement Unit/Special Weapons and Tactics Surveillance Team, Field Training Officer, Defensive Driver/Driver Awareness and Tactical Decision Making Under Stress Instructor, and Neighborhood Policing Team.
Officer Mosones had a passion for working with Oxnard’s youth. Officer Mosones taught Gang Resistance Training at Kamala and Sierra Linda Elementary and coached football at Channel Islands High School and Santa Clara High School. Officer Mosones also received the California Park and Recreation Society District 8 Community Service Award.
We extend our best wishes to Officer Mosones on his retirement.
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: Luly Lopez, Executive Assistant I
42 ATTACHMENTS
1. Raymund Mosones Resolution
43 CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD
COMMENDING RAYMUND MOSONES FOR OVER TWENTY-SIX YEARS OF
OUTSTANDING SERVICE TO THE CITY OF OXNARD
WHEREAS, Raymund Mosones has given over 26 years of outstanding service to the City of Oxnard as a member of the Oxnard Police Department.
WHEREAS, Raymund Mosones began his law enforcement career with the City of Oxnard on January 9, 1995, after he graduated from the Ventura County Criminal Justice Center (police academy) where his passion for public service was ignited.
WHEREAS, throughout his career, Officer Mosones held a wide variety of assignments within the Police Department including Patrol, Bicycle Patrol Team, Youth Services Officer (Frank, Fremont and Haydock Intermediate Schools, Nueva Vista Alternative (OUSD), Bernice Curren, Cesar Chavez, Driffill, Emilie Ritchen, Norman Brekke, Ramona, Rose Avenue, and Sierra Linda Elementary Schools (1999-2001), Interim Director of the Oxnard Police Activities League (2000-2001), Special Enforcement Unit/Special Weapons and Tactics (2001-2013) member of the Surveillance Team, Field Training Officer and Neighborhood Policing Team Riverpark/Collection Business District. Officer Mosones was also a Defensive Driver/Driver Awareness and Tactical Decision Making Under Stress (TDMUS) Instructor.
WHEREAS, Officer Mosones has been a champion for the youth in Oxnard (Interim PAL Director, during which the PAL Haunted House was created (1999). Also received the California Park and Recreation Society District 8 (City of Oxnard Recreation and Community Service Department) Community Service Award (2001). Taught the “Gang Resistance Education and Training Program” (G.R.E.A.T.) (Kamala Elementary and Sierra Linda Elementary), Pedaling Against Youth Violence (P.A.Y.V.) and coached football at Channel Islands High School and Santa Clara High School. Member of the Ventura County Police Football, Oxnard Police “Blue” Basketball and Oxnard Police Surf Teams.
WHEREAS, Officer Mosones was raised in Oxnard. Officer Mosones’ positive interactions have earned the respect of his fellow Officers, City employees and the community.
He has developed countless friendships and partnerships within our City.
NOW, THEREFORE, the City Council of the City of Oxnard resolves: to commend, recognize, and extend its gratitude to Officer Raymund Mosones for over 26 years of dedicated service to the City of Oxnard. We extend our best wishes for a fun and fulfilling retirement with family and friends.
44 PASSED AND ADOPTED THIS 18th day of January, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
John C. Zaragoza, Mayor
ATTEST:
Rose Chaparro, City Clerk
APPROVED AS TO FORM:
Stephen M. Fischer, City Attorney
45 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.3
DATE: January 18, 2022
TO: City Council
FROM: Jason Benites, Police Chief, (805) 385-7624, [email protected] SUBJECT: Resolution Commending Brian Bishop for Thirty-One Years of Exemplary Service to the City of Oxnard.
RECOMMENDATION
That the City Council adopt a resolution commending Brian Bishop for thirty-one years of outstanding service to the City of Oxnard Police Department.
BACKGROUND
On December 17, 2021, Officer Brian Bishop retired after thirty-one years of outstanding service to the City of Oxnard as a member of the Oxnard Police Department. Officer Bishop began his law enforcement career in 1990 when he worked as a traffic cadet for the City of Oxnard and developed his passion for public service and public safety. He worked for three years as a cadet until he was hired to be a Public Safety Dispatcher. He served in this role until 1996, when he was accepted into the academy as a Police Officer Trainee.
Throughout his career, Officer Bishop held a wide variety of assignments, including Patrol Officer, Field Training Officer, Bike Patrol, Range Safety Officer, Range Master, School Resource Officer, Graffiti Investigator, and Peer Support team member within the Oxnard Police Department.
Officer Bishop earned a gold medal for tennis in the Nevada Police and Fire games while representing the Oxnard Police Department. As a Public Safety Dispatcher, Officer Bishop was twice awarded for outstanding performance by the California Public Safety Radio Association.
We extend our best wishes to Officer Bishop on his retirement.
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: Michael Thomas, Nellie Estrada, Administrative Assistant 46 ATTACHMENTS
1. Brian Bishop Resolution
47 CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD
COMMENDING BRIAN BISHOP FOR THIRTY-ONE YEARS OF OUTSTANDING
SERVICE TO THE CITY OF OXNARD
WHEREAS, Brian Bishop has given thirty-one years of outstanding service to the City of Oxnard as a member of the Oxnard Police Department.
WHEREAS, Brian Bishop began his law enforcement career in 1990 when he worked as a traffic cadet for the City of Oxnard and developed his passion for public service and public safety. He worked for three years as a cadet until he was hired to be a Public Safety Dispatcher in 1993. He served in this role until 1996 when he was accepted into the academy as a Police Officer Trainee; and
WHEREAS, throughout his career as a police officer, Officer Bishop held a wide variety of assignments within the Police Department including Patrol Officer, Field Training Officer, Bike Patrol, Range Safety Officer, Range Master, School Resource Officer, Graffiti Investigator, and Peer Support team member; and
WHEREAS, Officer Bishop has been a champion and role model for youth in Oxnard.
During his time as a cadet he would spend off-duty hours playing sports with at-risk youth in the community. As a dispatcher, Officer Bishop served as the Red E. Fox 9-1-1. As a police officer, Officer Bishop was a founding Tac Officer at the Cops ‘n’ Jocks Youth Academy. He also coached youth basketball for the Police Activities League, coached varsity tennis at Hueneme High School and Pacifica High School, refereed basketball throughout the county, and volunteered for other youth sports programs in the city. As a School Resource Officer he acted in school plays and mentored students at his assigned schools at the K-12 levels. As a Parent Project instructor Officer Bishop impacted the lives of parents and youth in our school community; and
WHEREAS, Officer Bishop earned a gold medal for tennis in the Nevada Police and Fire games while representing the Oxnard Police Department. As a Public Safety Dispatcher, Officer Bishop was twice awarded for outstanding performance by the California Public Safety Radio Association; and
WHEREAS, Officer Bishop developed and cultivated personal and professional relationships within the City of Oxnard and surrounding communities which strengthened the role and reputation of the Oxnard Police Department as a leader in public safety in our nation; NOW, THEREFORE, the City Council of the City of Oxnard resolves: to commend, recognize, and extend its gratitude to Officer Brian Bishop for his thirty-one years in law enforcement and dedicated service to the City of Oxnard. We extend our best wishes for a fun and fulfilling retirement with family and friends.
48 PASSED AND ADOPTED THIS 18th day of January, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
John C. Zaragoza, Mayor
ATTEST:
Rose Chaparro, City Clerk
APPROVED AS TO FORM:
Stephen M. Fischer, City Attorney
49 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.4
DATE: January 18, 2022
TO: City Council
FROM: Jason Benites, Police Chief, (805) 385-7624, [email protected] SUBJECT: Resolution Commending Brett Smith for over Twenty-Eight Years of Outstanding Service to the City of Oxnard.
RECOMMENDATION
That the City Council adopt a resolution commending Brett Smith for over twenty-eight years of outstanding service to the City of Oxnard Police Department.
BACKGROUND
On December 12, 2021, Sergeant Brett Smith retired after over 28 years of outstanding service to the City of Oxnard as a member of the Oxnard Police Department. Sergeant Smith began his law enforcement career in 1993, after graduating from the Allan Hancock Police Academy. On July 19, 1993, Sergeant Smith was hired by the Oxnard Police Department.
He served the community of Oxnard honorably and with distinction as he advanced to Sergeant in 2004.
Throughout his career, Sergeant Smith held a wide variety of assignments, including Field Training Officer, Special Enforcement Unit/ SWAT Team, Oxnard Violent Crimes Task Force, Patrol Sergeant, K-9 Unit Sergeant, Acting Patrol Watch Commander, and Violent Crimes Unit Sergeant with the Oxnard Police Department.
Sergeant Smith received numerous awards and commendations, including an Oxnard City Council Commendation, the Westinghouse Outstanding Service Award for Professionalism and Bravery, a Commander’s Award of Recognition, and he was a two-time winner of the Chief’s Award of Excellence in 2014 and 2020 in recognition for his dedication to the residents of Oxnard and the development of “The Oxnard Way” Leadership Program at the Police Department.
We extend our best wishes to Sergeant Smith on his retirement.
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: Michael Thomas, Nellie Estrada, Administrative Assistant 50 ATTACHMENTS
1. Brett Smith Resolution
51 CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD
COMMENDING BRETT SMITH FOR OVER 28 YEARS OF OUTSTANDING SERVICE
TO THE CITY OF OXNARD
WHEREAS, Brett Smith has given over 28 years of outstanding service to the City of Oxnard as a member of the Oxnard Police Department.
WHEREAS, Brett Smith began his law enforcement career in 1993 when he graduated from the Allan Hancock Police Academy. On July 19, 1993, Brett Smith was hired by the Oxnard Police Department. Brett Smith has served the community of Oxnard honorably and with distinction in his advancement to Sergeant in 2004; and WHEREAS, throughout his career, Sergeant Smith held a wide variety of assignments within the Police Department including Field Training Officer, Special Enforcement Unit/ SWAT Team, Oxnard Violent Crimes Task Force, Patrol Sergeant, Sergeant in charge of the K-9 Unit, Acting Patrol Watch Commander, and Violent Crimes Unit Sergeant; and WHEREAS, Sergeant Smith’s contributions to the Police Department are many. Sergeant Smith was a pre-academy instructor, academy mentor and Field Training Program Sergeant.
Sergeant Smith served as a Mobile Field Force Instructor, Pepperball Instructor, and was a long standing force behind the Baker to Vegas relay race effort as well as a longtime member of the Honor Guard; and
WHEREAS, Sergeant Smith has been a champion for leadership within the Police Department. Sergeant Smith attended the 9 month long intensive Sherman Block Leadership Institute and became a course facilitator. In 2014, Sergeant Smith led the effort and introduced an adaptive leadership program at the Police Department. In 2019, this leadership program evolved into “The Oxnard Way”, which is still taught to Department personnel today; and WHEREAS, over the course of his career, Sergeant Smith has received numerous awards and commendations including: an Oxnard City Council Commendation, the Westinghouse Outstanding Service Award for Professionalism and Bravery, Commander’s Award of Recognition and two-time winner of the Chief’s Award of Excellence in 2014 and 2020 in recognition for his dedication to the residents of Oxnard and the development of “The Oxnard Way” Leadership Program at the Police Department; and
WHEREAS, Sergeant Smith was born in Santa Barbara and raised in Camarillo. Through Sergeant Smith’s positive interactions, he has earned the respect of his fellow Officers, City employees and the community. He has developed countless friendships and partnerships within our City.
52 NOW, THEREFORE, the City Council of the City of Oxnard resolves to commend, recognize, and extend its gratitude to Sergeant Brett Smith for his over 28 years of dedicated service to the City of Oxnard. We extend our best wishes for a fun and fulfilling retirement with family and friends.
PASSED AND ADOPTED THIS 18th day of January, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
John C. Zaragoza, Mayor
ATTEST:
Rose Chaparro, City Clerk
APPROVED AS TO FORM:
Stephen M. Fischer, City Attorney
53 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.5
DATE: January 18, 2022
TO: City Council
FROM: Alexander Hamilton, Fire Chief, (805) 385-7700, [email protected] SUBJECT: Mutual Aid Response with California Office of Emergency Services.
RECOMMENDATION
That the City Council adopt a resolution approving the side letters with the International Association of Firefighters (IAFF), the Oxnard Mid-Managers Association (OMMA), and the Oxnard Public Safety Managers Association (OPSMA) concerning Mutual Aid Response with California Office of Emergency Service (CalOES). (Community Services, Public Safety, Housing & Development Committee approved 3-0.)
BACKGROUND
California Office of Emergency Services (CalOES) requires local agencies to have a resolution or contract provision to authorize reimbursement.
The City of Oxnard Fire Department routinely responds to requests for assistance regarding incidents outside the jurisdiction of the City of Oxnard. These incidents and requests for Mutual Aid typically occur from May through November but can occur at other times depending on emergency activity throughout the state. For incidents that are under the California Fire Assistance Agreement (CFAA), these requests for resources to respond may be thought of as an “Assistance for Hire” agreement administered by CalOES.
For such incidents, all costs may be reimbursed from the time of dispatch to the incident to time of return to the jurisdiction (portal to portal) for such resources under the “Assistance for Hire” agreement. These portal-to-portal costs include identified personnel costs, equipment use, equipment repair or replacement and allowable administrative costs as authorized by the agreement.
DISCUSSION
Prior City Resolutions and current MOU’s have contained language regarding mutual aid support and the conditions under which that mutual aid support is paid. Recently, CalOES has reviewed the language of these documents and has determined that they no longer meet their criteria for the City to be eligible for repayment of personnel who are deployed on a mutual aid assignment. Specifically, the prior resolutions and MOU contracts contain language which states the City will only pay employees portal to portal at the overtime rate of pay if the City receives reimbursement from the paying agency, in this instance CalOES, at the same rate. Effectively, the City’s language was intended to make clear that the overtime assignment would not continue for the employee if the City was not held financially harmless.
CalOES requires that if the City is going to pay portal to portal, meaning that the employee is paid from the moment they step out their door en route to a mutual aid assignment and that pay continues until they step back through their home door, at the overtime rate of pay, which is required by law for firefighters, then the City Council must adopt a Resolution stating this. CalOES has made it clear that the language stating that portal to portal is contingent on payment being received by CalOES is not allowed. The Resolution and side letters presented in this agenda comply with this 54 requirement and, if approved, will allow the City to continue to send personnel in support of mutual aid requests.
The staff has analyzed the concern regarding repayment and deleting that piece of language from our resolution and relevant MOU’s. In our opinion, there is little to no risk of the state not paying for mutual aid. This analysis is based on a historical review where the City has always received reimbursement for the cost of staff time when deployed on these assignments. Also, if, for some reason, in the future, the City doesn’t receive appropriate reimbursement, the City can always opt out of sending personnel on any mutual aid assignment.
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
The Community Services, Public Safety, Housing & Development Committee approved 3-0 on December 28, 2021 to approve the staff recommendation and to forward the item for Council approval.
Prepared by: Steve Naveau, Human Resources Director, Alexander Hamilton, Fire Chief
ATTACHMENTS
1. IAFF Mutual Aid Side letter 11.23.21
2. OMMA Side Letter
3. OPSMA Side Letter
4. Resolution Mutual Aid (1)
55 56
57 58
CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD APPROVING THE
SIDELETTER AGREEMENTS BETWEEN THE CITY OF OXNARD AND THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, THE OXNARD MID-MANAGERS
ASSOCIATION, AND THE OXNARD PUBLIC SAFETY MANAGERS ASSOCIATION WHEREAS, the International Association of Firefighters, the Oxnard Mid-Managers Association, and the Oxnard Public Safety Managers Association are the recognized representatives for certain job classes in the public safety and management units within the City of Oxnard; and
WHEREAS, the City wishes to enter into side letter agreements altering specific terms and conditions within the current Memoranda of Understanding with the three bargaining units; and
WHEREAS, the representatives for the three bargaining units are in agreement with the changes and each side letter is attached, and incorporated herein by this reference, as an exhibit to this Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OXNARD
RESOLVES that the side letter agreements are adopted and the City Manager and/or his designee is directed to perform all acts necessary to implement their terms and conditions on behalf of the City.
PASSED AND ADOPTED THIS 4th day of January, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
John C. Zaragoza, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ______________________________ Rose Chaparro, City Clerk Stephen M. Fischer, City Attorney 59 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.6
DATE: January 18, 2022
TO: City Council
FROM: Alexander Hamilton, Fire Chief, (805) 385-7700, [email protected] SUBJECT: Ratify submission of application for 2021 Emergency Management Performance Grant (EMPG). (Inkind match of $36,393 required.)
RECOMMENDATION
That the Oxnard City Council adopt a resolution:
1. That ratifies the submission of a grant application to the Ventura County Office of Emergency Services for the 2021 Emergency Management Performance Grant (EMPG) in the amount of $36,393 for the purpose of offsetting the salary and benefits of the Emergency Services Manager, and the required salary match of $36,393;
2. That authorizes the City Manager or designee to execute the grant agreement if funds are awarded to the City;
3. That authorizes the Chief Financial Officer or designee to submit financial reports and grant claims, approve budget appropriations for the use of grant funds and perform all other required financial actions; and
4. That authorizes the Fire Chief or designee to submit non-financial reports.
BACKGROUND
The 2021 Emergency Management Program Grant (EMPG) is funded by the U.S. Department of Homeland Security and administered through the California Office of Emergency Services. The funds are distributed to the City on a reimbursement basis through the Ventura County Sheriff’s Office of Emergency Services. Grant funds must be used to prevent, prepare for, mitigate against, or recover from natural or man-made emergencies and disasters.
DISCUSSION
If awarded, the $36,393.00 will be used to offset the salary and benefits of the Emergency Services Manager (ESM). The use of EMPG funds for salary offset meets the requirements of the grant include ensuring compliance with the National Incident Management System (NIMS), the National Response Framework (NRF) and the State of California’s Standardized Emergency Management System (SEMS).
Under the 2021 Emergency Management Program Grant the City must provide a 100% match. The City may use the General Fund budget for the salary of the Emergency Services Manager as the matching funds for this grant. The 2021 grant will provide $36,393.00 in funding with Oxnard matching $36,393.00 in Fire Department personnel salary.
It was not possible to obtain prior approvals from the Public Safety Committee and the City Council before submitting this grant application due to the extremely short application period required by the Ventura County Office of Emergency Services (OES). The Oxnard Fire Department received notification of the 2021 EMPG Application on Monday, November 1th. The deadline for submittal of the completed application to Ventura County OES was Friday, December 3rd. With the November Thanksgiving Holiday, this provided the Fire Department only 20 working days to prepare and submit the application.
60 STRATEGIC PRIORITIES
This agenda item supports Public Safety strategy. The purpose of the Public Safety strategy is to restore and modernize the delivery of public safety services to provide for the safety of our neighborhoods and health of our community.
FINANCIAL IMPACT
This is an annual grant with 100% match requirement. Under the provisions of this grant the matching funds can be a direct financial contribution or in the form of an in-kind match. The 2021 grant application is in the amount of $36,393.
Therefore, the federal share will be $36,393 with the applicant match being $36,393. The Fire Department will provide an in-kind match of $36,393 using existing Fire Department personnel costs. Upon approval of the award, the grant award will be recognized and appropriated in FY 2021-2022.
COMMITTEE OUTCOME
The Community Services, Public Safety, Housing & Development Committee Committee approved 3-0 on December 28, 2021 to approve the staff recommendation and to forward the item for Council approval.
Prepared by: Scott Brewer, Emergency Services Manager
ATTACHMENTS
1. Resolution EMPG 2021 Applications (1) (1)
61 CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO. _____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD APPROVING
SUBMITTAL OF EMERGENCY MANAGEMENT PERFORMANCE GRANT
APPLICATION
WHEREAS, 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 Fire Department has requested that City Council ratify the submission of Emergency Management Performance Grant in the amount of $36,393 with a local salary match of $36,393, for the purpose of offsetting the salary and benefits of the Emergency Services Manager.
NOW, THEREFORE, the City Council of the City of Oxnard resolves to approve the submittal of a grant application by the City Manager to offset the salary and benefits of the Emergency Services Manager. The City Council further resolves that the City Manager or designee is authorized to execute grant agreements; the Chief Financial Officer or designee is authorized to submit financial reports and grant claims, approve special budget appropriations during FY 2021-2022 for the use of the grant funds and perform all other required financial actions; and the Fire Chief or designee is authorized to submit non-financial reports.
PASSED AND ADOPTED this 4th day of January 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
John C. Zaragoza, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ _________________________________ Rose Chaparro, City Clerk Stephen M. Fischer, City Attorney 62 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.7
DATE: January 18, 2022
TO: City Council
FROM: Ashley Golden, Assistant City Manager, (805) 385-7478, [email protected] SUBJECT: Seventh Annual Recognized Obligation Payment Schedule 2022-2023.
RECOMMENDATION
That the Community Development Commission Successor Agency adopt a Resolution approving the Seventh Annual Recognized Obligation Payment Schedule (ROPS) 22-23 covering the period of July 1, 2022 - June 30, 2023. (The Finance and Governance Committee approved 3-0)
BACKGROUND
As part of the 2011 Budget Act, and to protect funding for core public services at the local level, the California Legislature approved the dissolution of the state's 400 plus Redevelopment Agencies (RDAs). On February 1, 2012, all RDAs in California were officially dissolved. As a result of eliminating RDAs, property tax revenues are now used to pay required payments on existing bonds, other obligations, and pass-through payments to local governments. The remaining property tax revenues that exceed the enforceable obligations are allocated to cities, counties, special districts, and school and community college districts.
To help facilitate the wind-down process at the local level, each city formed a Successor Agency (SA), which manages redevelopment projects currently underway, makes payments on enforceable obligations, and disposes of redevelopment assets and properties. In the City of Oxnard, the City Council acts as the SA to Oxnard's former RDA, the Community Development Commission. Each SA has an Oversight Board (OB) that supervises its work. As specified in California Senate Bill 107 and beginning on July 1, 2018, all OB's in the County were consolidated into one OB, the Ventura County Consolidated Oversight Board (County OB). The 7-member County OB is comprised of representatives of the local agencies from Ventura County cities, special districts, K-14 educational agencies. The County OB members have a fiduciary responsibility to holders of enforceable obligations and the local agencies that would benefit from property tax distributions from the former redevelopment project areas.
Pursuant to California Health and Safety Code Section 34177(l)(1), the City, as SA to the former Oxnard Community Development Commission, is required to prepare an annual ROPS, documenting the enforceable obligations of the former RDA for the coming fiscal year. This ROPS covers the period July 1, 2022, through June 30, 2023 (ROPS 22-23) and, per California Health and Safety Code Section 34177(m), must be submitted to the California Department of Finance (DOF) after approval by the County OB, no later than February 1, 2022.
The ROPS 22-23 period totals $10,074,694 in SA enforceable obligations. These obligations include bond debt service, developer agreement payments, special tax district assessment, property tax analysis agreements, and contracts enforceable by the SA.
The majority of the SA's ROPS 22-23 enforceable obligations, approximately $5.8 million, come from the debt service from the bonds issued by the former RDA in prior years, before the dissolution of redevelopment in the City. 63 Two notable changes on this year's ROPS include the HERO Riverpark Owner Participation Agreement (OPA) payments and the Downtown Theater Lease Guaranty:
Riverpark Affordable Housing and Public Infrastructure - ROPS Items # 24 and 40 In accordance with the September 28, 2010, Memorandum of Understanding (MOU) to the OPA between the Oxnard SA and the Riverpark developers, property tax consultant HdL Coren and Cone (HdL) was retained to determine the amount of the affordable housing and public infrastructure payments due each fiscal year. These payments are tied to property tax values and property tax sharing. The affordable housing payment is listed under Item 24, and the public infrastructure payment is listed under Item 40 on the attached ROPS form (Attachment 2).
Upon further analysis of the MOU and OPA by staff and HdL, it was determined that the termination dates of both of these payments, November 19, 2032 (Item 24) and July 27, 2035 (Item 40), should both be updated to June 30, 2036. The MOU outlines the term as thirty (30) years from the Commencement Date, which is August 25, 2006, and not the date of when the OPA or its amendments were executed. As a result of the allocation process dictated by redevelopment dissolution, the effective date of the termination of the payments is June 30, 2036, the end of fiscal year 2035-36.
The change in termination dates has no impact on this year's ROPS obligation but rather extends the termination dates of the Riverpark OPA payments. The revised total outstanding obligations for Item 24 and Item 40 is now approximately $10.2 million and $22 million, respectively, up from the previously reported figures of $8.9 million and $19.5 million from the prior year's ROPS.
Downtown Theater Lease Guaranty - ROPS Item #52
This year's annual ROPS also includes a change to the Oxnard SA's obligation to the Downtown Theater Lease Guaranty (Guaranty). The Guaranty, first entered into in April 2004, provides that the Oxnard SA, as Guarantor, agrees to the payment "of all amounts payable by Tenant to Lender pursuant to the Lease and/or Deposit Agreement for Minimum Monthly Rent and Triple Net Charges." This obligation is listed under Item 52 in Attachment 2.
The Guaranty specifies that the lease guaranty payments continue until twenty-five (25) years after the Rent Commencement Date. Previous ROPS reported a Guaranty termination date of November 26, 2025, which would mean that the Rent Commencement Date would have been November 26, 2000. Upon examination by legal counsel, the Rent Commencement Date was determined to be November 26, 2005, when the theater operator first requested a lease guaranty payment, instead of November 26, 2000.
The change in date effectively pushes back the Guaranty termination date from the previously reported date of November 26, 2025, to November 26, 2030.
The change in the termination date has no impact on this year's ROPS obligation but rather extends the termination date of the Guaranty. The revised total outstanding obligation for Item 52 is now approximately $12.7 million, up from the previously reported figure of $5.5 million from the prior year's ROPS.
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 General Fund is not responsible for any of these enforceable obligations, including the corrections to the Riverpark and Guaranty termination dates.
Approval of the Seventh Annual ROPS 22-23 will facilitate the ability of the SA to continue payment of the enforceable obligations of the former Community Development Commission and is among the reasonable measures required to be taken to avoid triggering an event of default under any enforceable obligations. Certification of the ROPS allows the SA to collect property tax revenues from the Ventura County Auditor-Controller in an amount sufficient to pay the 64 obligations listed on the ROPS 22-23 on time.
The Seventh Annual ROPS 22-23 must be submitted to the DOF by February 1, 2022. If this deadline is not met, the City is subject to a civil penalty of $10,000 every day that a SA is past due on submission.
COMMITTEE OUTCOME
The Finance and Governance Committee approved 3-0 on December 28, 2021, to approve the staff recommendation and to forward the item to the Oxnard SA for approval.
Prepared by: Adam Smith, Project Manager
ATTACHMENTS
1. ROPS 22-23 SA Resolution
2. ROPS 2022-23 Form
65 OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY RESOLUTION NO.
RESOLUTION OF THE OXNARD COMMUNITY DEVELOPMENT
COMMISSION SUCCESSOR AGENCY ADOPTING A SEVENTH
ANNUAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE
(ROPS 22-23) FOR JULY 1, 2022 – JUNE 30, 2023
WHEREAS, Assembly Bill x1 26 (“AB 26”) and AB x1 27 (“AB 27”) were passed by the State Legislature on June 15, 2011 and signed by the Governor on June 28, 2011; and WHEREAS, among other things, AB 26 amends Sections 33500, 33501, 33607.5 and 33607.7 of the California Health and Safety Code and adds Part 1.8 and Part 1.85 to Division 24 of the California Health and Safety Code; and
WHEREAS, by enactment of Part 1.85 of Division 24 of the Health and Safety Code, subject to all reservations herein stated, the Community Development Commission was dissolved as of February 1, 2012 such that the Community Development Commission shall be deemed a former redevelopment agency under Health and Safety Code section 34173(a); and WHEREAS, Health and Safety Code section 34173(a) designates successor agencies as successor entities to former redevelopment agencies; and WHEREAS, on January 10, 2012, by Resolution 14,135, the City Council of the City of Oxnard declared itself as the successor agency upon the dissolution of the Community Development Commission, subject to all reservations stated in such resolution; and WHEREAS, the California Supreme Court in California Redevelopment Association v.
Matosantos, Case No. S194861 upheld the constitutionality of ABx1 26 and established May 1, 2012 as the date by which the draft Recognized Obligation Payment Schedule (“ROPS”) must be prepared; and
WHEREAS, California Health and Safety Code Section 34171(h) and 34177(m) provide that a successor agency must prepare a ROPS every six months after the initial ROPS period; and WHEREAS, on April 24, 2012 the Successor Agency adopted a Draft ROPS; and WHEREAS, on April 25, 2012 the Oversight Board to the Oxnard Community Development Commission Successor Agency directed Successor Agency Staff to amend the ROPS to incorporate the State Department of Finance’s revised ROPS format; and WHEREAS, on May 8, 2012 a revised Amended ROPS I was adopted by the Successor Agency and identified enforceable obligations for the period of February 1, 2012 through June 66 Resolution No. _______
30, 2012; and
WHEREAS, on May 8, 2012 a ROPS II was adopted by the Successor Agency and identified enforceable obligations for the period of July 1, 2012 through December 31, 2012; and WHEREAS, on July 22, 2012 a ROPS III was adopted by the Successor Agency and identified enforceable obligations for the period of January 1, 2013 through June 30, 2013; and WHEREAS, on February 12, 2013 a ROPS IV (13-14A) was adopted by the Successor Agency and identified enforceable obligations for the period of July 1, 2013 through December 31, 2013; and
WHEREAS, on September 10, 2013 a ROPS V (13-14B) was adopted by the Successor Agency and identified enforceable obligations for the period of January 1, 2014 through June 30, 2014; and
WHEREAS, on February 11, 2014 a ROPS VI (14-15A) was adopted by the Successor Agency and identified enforceable obligations for the period of July 1, 2014 through December 31, 2014; and
WHEREAS, on September 9, 2014 a ROPS VII (14-15B) was adopted by the Successor Agency and identified enforceable obligations for the period of January 1, 2015 through June 30, 2015; and
WHEREAS, on February 24, 2015 a ROPS VIII (15-16A) was adopted by the Successor Agency and identified enforceable obligations for the period of July 1, 2015 through December 31, 2015; and
WHEREAS, on September 1, 2015 a ROPS IX (15-16B) was adopted by the Successor Agency and identified enforceable obligations for the period of January 1, 2016 through June 30, 2016; and
WHEREAS, SB 107 terminates the every six months ROPS timeline as of December 31, 2015 and instead requires annual ROPS reporting starting with the first annual ROPS 16-17 for the period beginning July 1, 2016 and ending June 30, 2017; and WHEREAS, California Health and Safety Code Section 34177(o) provides that a successor agency must prepare a ROPS every twelve months; and WHEREAS, on January 19, 2016 the First Annual ROPS (16-17) was adopted by the Successor Agency and identified enforceable obligations for the period of July 1, 2016 through June 30, 2017; and
67 Resolution No. _______
WHEREAS, on January 24, 2017 the Second Annual ROPS (17-18) was adopted by the Successor Agency and identified enforceable obligations for the period of July 1, 2017 through June 30, 2018; and
WHEREAS, on January 23, 2018 the Third Annual ROPS (18-19) was adopted by the Successor Agency and identified enforceable obligations for the period of July 1, 2018 through June 30, 2019; and
WHEREAS, on September 11, 2018 an amended Third Annual ROPS (18-19B) was adopted by the Successor Agency and identified enforceable obligations for the period of January 1, 2019 through June 30, 2019; and
WHEREAS, on January 8, 2019 the Fourth Annual ROPS (19-20) was adopted by the Successor Agency and identified enforceable obligations for the period of July 1, 2019 through June 30, 2020; and
WHEREAS, on January 7, 2020 the Fifth Annual ROPS (20-21) was adopted by the Successor Agency and identified enforceable obligations for the period of July 1, 2020 through June 30, 2021; and
WHEREAS, on September 1, 2020 an amended Fifth Annual ROPS (20-21B) was adopted by the Successor Agency and identified enforceable obligations for the period of January 1, 2021 through June 30, 2021; and
WHEREAS, on January 19, 2021 a Sixth Annual ROPS (21-22) was adopted by the Successor Agency and identified enforceable obligations for the period of July 1, 2021 through June 30, 2022; and
WHEREAS, on January 18, 2022 the Successor Agency was presented the proposed Seventh Annual ROPS (22-23) which identifies each enforceable obligation on which payments will be required during the period of July 1, 2022 through June 30, 2023.
NOW, THEREFORE, THE OXNARD COMMUNITY DEVELOPMENT
COMMISSION SUCCESSOR AGENCY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:
Section 1. The Oxnard Community Development Commission Successor Agency hereby finds and determines that the foregoing recitals are true and correct.
Section 2. All legal prerequisites to the adoption of this Resolution have occurred.
Section 3. The attached Proposed ROPS is hereby adopted. 68 Resolution No. _______
Section 4. Successor Agency staff is hereby authorized to administratively amend the ROPS in order to modify, adjust or remove line items pending the outcome of review by the Oversight Board, the County Auditor-Controller, and/or the California Department of Finance and to format the ROPS to conform with State Department of Finance requirements not yet published, and to take all necessary and appropriate actions to prepare and submit the ROPS, provided, however, that neither such authorization nor such removal shall be deemed to be, nor are they intended as, an acknowledgment of the validity of ABx1 26 and AB 1484 or such action by the Oversight Board, the County Auditor-Controller and/or the California Department of Finance. The Successor Agency reserves all rights to challenge the validity and/or application of any or all provisions of ABx1 26 and AB 1484 in any administrative or judicial proceeding, without prejudice to the Successor Agency's right to list any such removed item on this or a future ROPS. The Successor Agency reserves the right to pursue any and all appeals and any available legal or equitable remedy provided or available by law to obtain the correction of any erroneous decision regarding the ROPS.
Section 5. This Resolution shall take effect immediately upon its adoption.
Section 6. The Successor Agency’s Secretary Designate shall certify as to the adoption of this resolution.
PASSED, APPROVED and ADOPTED this day of , 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
John C. Zaragoza, Chairman
ATTEST: APPROVED AS TO FORM:
____________________________ _______________________________ Rose Chaparro, Secretary Designate Stephen M. Fischer, General Counsel 69 Recognized Obligation Payment Schedule (ROPS 22-23) - Summary Filed for the July 1, 2022 through June 30, 2023 Period Successor Agency: Oxnard
County: Ventura
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
22-23A Total
(July -
December)
22-23B Total
(January -
June)
ROPS 22-23
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ 2,659,552 $ - $ 2,659,552 B Bond Proceeds - - -
C Reserve Balance 2,588,988 - 2,588,988
D Other Funds 70,564 - 70,564
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 2,068,542 $ 5,346,600 $ 7,415,142 F RPTTF 1,981,042 5,259,100 7,240,142
G Administrative RPTTF 87,500 87,500 175,000
H Current Period Enforceable Obligations (A+E) $ 4,728,094 $ 5,346,600 $ 10,074,694 Certification of Oversight Board Chairman:
Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
70 Oxnard
Recognized Obligation Payment Schedule (ROPS 22-23) - ROPS Detail July 1, 2022 through June 30, 2023
A B C D E F G H I J K L M N O P Q R S T U V W
Item
#
Project
Name
Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project Area
Total
Outstanding
Obligation
Retired ROPS
22-23 Total
ROPS 22-23A (Jul - Dec)
22-23A
Total
ROPS 22-23B (Jan - Jun)
22-23B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
$85,682,837 $10,074,694 $- $2,588,988 $70,564 $1,981,042 $87,500 $4,728,094 $- $- $- $5,259,100 $87,500 $5,346,600 1 CCRP Tax
Allocation
Refunding
Bond 2004
Bonds
Issued On or
Before 12/
31/10
04/13/
2004
09/01/2026 Wells Fargo/
Finance
Downtown
Infrastructure,
Capital
Improvement
Projects and
Fa□ade
Program;
including debt
management
costs
CCRP 5,963,241 N $2,309,364 - 1,090,276 - - - $1,090,276 - - - 1,219,088 - $1,219,088 2 CCRP
Assessment
District
Payment
Property
Maintenance
07/01/
2006
06/30/2023 Ox.
Downtown
Mgmt District
Property
Based
Improvement
District
Payment
CCRP 8,000 N $8,000 - - - 4,000 - $4,000 - - - 4,000 - $4,000 10 Project
Management
Project
Management
Costs
01/01/
2014
06/30/2023 City
Community
Development
Property
management,
project
management
and inspection
Central City
Revitalization
Project
6,200 N $6,200 - - - 6,200 - $6,200 - - - - - $-
15 Project
Management
Project
Management
Costs
01/01/
2014
06/30/2023 City
Community
Development
Property
management,
project
management
and inspection
Downtown 10,000 N $10,000 - - - 10,000 - $10,000 - - - - - $- 17 HERO Tax
Alloc Bond
2006
Bonds
Issued On or
Before 12/
31/10
12/13/
2006
09/01/2036 Wells Fargo/
Finance
Street
Reconstruction
Projects;
including debt
management
costs
HERO 13,556,868 N $1,356,422 - 572,190 - - - $572,190 - - - 784,232 - $784,232 18 HERO Tax
Alloc Bond
2008
Bonds
Issued On or
Before 12/
31/10
06/17/
2008
09/01/2038 Wells Fargo/
Finance
RiverPark
Parking
Structure
Infrastructure;
including debt
management
costs
HERO 13,575,941 N $1,208,362 - 501,944 - - - $501,944 - - - 706,418 - $706,418 24 HERO
RiverPark
OPA/DDA/
Construction
05/18/
2010
06/30/2036 U.S. Bank,
NA
Affordable
Housing
HERO 10,170,000 N $669,400 - - 70,564 264,136 - $334,700 - - - 334,700 - $334,700 38 Contracts
and services
Professional
Services
12/12/
2011
06/30/2023 HDL Coren
and Cone
Property Tax
and Tax
HERO - Y $- - - - - - $- - - - - - $-
71 A B C D E F G H I J K L M N O P Q R S T U V W
Item
#
Project
Name
Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project Area
Total
Outstanding
Obligation
Retired ROPS
22-23 Total
ROPS 22-23A (Jul - Dec)
22-23A
Total
ROPS 22-23B (Jan - Jun)
22-23B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
Increment
Preparation
40 HERO
RiverPark
MOU to OPA
OPA/DDA/
Construction
09/26/
2010
06/30/2036 U.S. Bank,
NA
Infrastructure
reimbursement
payments per
MOU to OPA
HERO 21,930,000 N $1,470,612 - - - 735,306 - $735,306 - - - 735,306 - $735,306 44 Project
Management
Project
Management
Costs
01/01/
2014
06/30/2023 City
Employees
Property
management,
project
management
and inspection
HERO 8,000 N $8,000 - - - 8,000 - $8,000 - - - - - $-
48 Ormond
Beach Tax
Alloc Bond
2006
Bonds
Issued On or
Before 12/
31/10
12/13/
2006
09/01/2036 Wells Fargo Street
Reconstruction
Project
Ormond
Beach
4,768,646 N $615,542 - 271,114 - - - $271,114 - - - 344,428 - $344,428 49 Project
Management
Project
Management
Costs
01/01/
2014
06/30/2023 City
Employees
Property
management,
project
management
and inspection
Ormond
Beach
5,000 N $5,000 - - - 5,000 - $5,000 - - - - - $-
50 Southwinds
Tax
Allocation
Bond 2006
Bonds
Issued On or
Before 12/
31/10
12/13/
2006
09/01/2036 Wells Fargo Street
Reconstruction
Bond
Southwinds 2,723,341 N $350,992 - 153,464 - - - $153,464 - - - 197,528 - $197,528 51 Project
Management
Project
Management
Costs
01/01/
2014
06/30/2023 City
Employees
Property
management,
project
management
and inspection
Southwinds 5,000 N $5,000 - - - 5,000 - $5,000 - - - - - $- 52 Downtown
Lease
Guarantee
Pmt 50%
OPA/DDA/
Construction
11/26/
2003
11/26/2030 Oxnard
Theater
Group
*Downtown
Theater lease
guarantee
payment
CCRP/DT 12,717,600 N $1,816,800 - - - 908,400 - $908,400 - - - 908,400 - $908,400 58 Contracts
and Services
Property
Maintenance
02/01/
2009
06/30/2023 R.A. Atmore
& Sons
Weed
Abatement
CCRP/DT/
OB
- Y $- - - - - - $- - - - - - $-
63 Trustee
Services
Fees 01/01/
2014
06/30/2023 Wells Fargo
Bank
Debt service
administration
for bond
issues
CCRP/
HERO/SW/
Ormond
10,000 N $10,000 - - - 10,000 - $10,000 - - - - - $-
98 Litigation for
Future Legal
Costs
Litigation 01/01/
2003
06/30/2023 Kane,
Ballmer, and
Berkman
Agency Legal
Cousel
All - N $- - - - - - $- - - - - - $-
101 Disposition
of Successor
Agency
Property
Property
Dispositions
01/01/
2017
06/30/2023 Kane,
Ballmer, and
Berkman
Agency Legal
Counsel
50,000 N $50,000 - - - 25,000 - $25,000 - - - 25,000 - $25,000 72 A B C D E F G H I J K L M N O P Q R S T U V W
Item
#
Project
Name
Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project Area
Total
Outstanding
Obligation
Retired ROPS
22-23 Total
ROPS 22-23A (Jul - Dec)
22-23A
Total
ROPS 22-23B (Jan - Jun)
22-23B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
106 Admin Costs Admin Costs 07/01/
2022
06/30/2023 Oxnard CDC
Successor
Agency
Admin Costs 175,000 N $175,000 - - - - 87,500 $87,500 - - - - 87,500 $87,500 73 Oxnard
Recognized Obligation Payment Schedule (ROPS 22-23) - Report of Cash Balances July 1, 2019 through June 30, 2020
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.
A B C D E F G H
ROPS 19-20 Cash Balances
(07/01/19 - 06/30/20)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.
Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/19)
RPTTF amount should exclude "A" period distribution
amount.
3,029,216 2,631,686 1,483,138 2,428,255
2 Revenue/Income (Actual 06/30/20)
RPTTF amount should tie to the ROPS 19-20 total
distribution from the County Auditor-Controller
143,493 - 228,095 5,968,750
3 Expenditures for ROPS 19-20 Enforceable Obligations
(Actual 06/30/20)
867 2,631,686 1,529,444 4,379,155
4 Retention of Available Cash Balance (Actual 06/30/20) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
3,171,842 111,225 3,819,399
5 ROPS 19-20 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 19-20 PPA
form submitted to the CAC
No entry required 198,451
6 Ending Actual Available Cash Balance (06/30/20)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $- $- $70,564 $-
74 Oxnard
Recognized Obligation Payment Schedule (ROPS 22-23) - Notes July 1, 2022 through June 30, 2023
Item # Notes/Comments
1 2
10 15
17 18
24 38
40 44
48 49
50 51
52 58
63 98
101
106
75 FINANCE AND GOVERNANCE COMMITTEE
AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.8
DATE: January 18, 2022
TO: Finance & Governance Committee
FROM: Shiri Klima, Deputy City Manager, (805) 385-7487, [email protected] SUBJECT: Enterprise Resource Planning (ERP) Annual Report and Second Amendment to Kreative Core Technologies Corp Contract for ERP Project Management Services.
RECOMMENDATION
That City Council:
a. Receive the Enterprise Resource Planning (ERP) system annual report; and b. Approve and authorize the Mayor to execute a Second Amendment to the Professional Services Agreement with Kreative Core Technologies Corp (9431-21-FN) in the amount of $700,000 for a new not to exceed contract amount of $900,000 and to extend the term from September 30, 2022, to February 1, 2023, for Project Management Services related to the Core Financials and Human Capital Management phases (HCM) of the City’s multi-year ERP implementation.
(Finance and Governance Committee approved 3-0)
BACKGROUND
The City currently uses CentralSquare (formerly Superion, formerly SunGard) HTE/NaviLine as its Enterprise Resource Planning (ERP) software that has been in place since 1992. This software supports financial, payroll, purchasing, utility billing and business licensing functions. Other than job postings and performance reviews for certain job classes (which are on NeoGov – an industry leading recruitment platform used by a significant number of government agencies), the City’s human resources functions, including timesheets, were until recently all manual and paper-based. Functions within the Community Development Department including building, planning entitlement, and encroachment permitting activities are highly manual and paper-based. The City’s permitting and land management functions were mostly manual and paper-based.
Between maintaining legacy processes, functional gaps in the software, and inadequate data extraction and reporting tools, City staff over the years developed more than 150 standalone shadow systems (mostly Microsoft Excel spreadsheets and Access databases) to store, manipulate, and analyze data. In October 2019 -- after several years of staff gathering requirements, issuing a request for proposals (RFP), evaluating proposals, and negotiating a contract -- the City Council decided to engage Tyler Technologies for its integrated ERP solution to replace existing software and manual processes. The Council later also retained Berry Dunn McNeil & Parker to provide program management and organizational change management consulting services.
The total estimated cost of this ERP implementation project (the "Project") was initially set at $14,893,817, consisting of the Tyler contract for $9,117,985 (including contingency) and additional implementation costs of 76 $5,775,832. Included in the additional implementation costs were project management services, business process design costs, and organizational change management consulting services.
The Project commenced in October 2019 and includes a number of phases and anticipated launch dates, with project launches rescheduled to the current plan:
Launch Date Phase Status
Sep 2020 ExecuTime, Time and Attendance Complete
Aug 2021 BlueBeam, Plan Check Complete
Jul 2022 Core Financials, All Financial Transactions On Target Jan 2023 Human Capital Management, Payroll, HR On Target Dec 2023 EnerGov, Community Development Commencing 2022 Aug 2024 Utility Billing, Water/Sewer/Trash Commencing 2023 May 2025 Enterprise Asset Management Commencing 2024
A substantial amount of progress has taken place with regard to the Project since the last annual update provided to Council in February 2021. In August 2021, the City launched Bluebeam, an electronic plan check system, and much progress toward a July 1, 2022, launch of the Core Financials phase has been made. Finally, Human Capital Management is now well underway.
DISCUSSION
Configuring, testing, implementing and stabilizing a new ERP system is a complicated and challenging task for an organization of the size and complexity as the City of Oxnard. In order to resource the Project appropriately, Council approved additional resources that were included in the Project’s initial cost estimate; first, Council approved staff recommendation for temporary and permanent staff positions in order to maintain existing services and to manage the significant incremental work involved, and second, Council approved new appropriations and contracts for expert external project management services. One of the new permanent positions approved by Council in the FY2021-22 budget is a new Assistant Chief Financial Officer that was filled in August 2021, and is 100% dedicated during FY2021-22 to the implementation of the Project's Core Financials phase.
The implementation of an ERP system requires an overhaul of almost all City processes and functions that will impact many residents, businesses, and staff. Every financial transaction is impacted, requiring that the City review, update and design new processes and policies utilizing new, modern, state of the art systems of controls and an infrastructure that enables improvements in internal controls and efficiency. In order to yield these benefits, the core system must be configured to match the needs of the City. Each customer of Tyler products configures its system in the way that meets its specific needs. No two cities operate in exactly the same way, and therefore, many thousands of individual decisions on how to organize and utilize the ERP system have and are being made.
Progress So Far
Electronic Timekeeping Complete; OPD Advanced Scheduling in the Works In the Fall of 2020, the City launched Executime, an electronic time tracking system for all City staff to report their time and provide for online management review and approval, thus replacing paper time cards and manual payroll data entry. As the City worked towards implementation of the Executime Advanced Scheduling module, it became clear during testing that Oxnard’s police patrol schedules are not supported by the system.
The City has since evaluated software that is specific to police scheduling and is currently reviewing options for alternate solutions.
77 Electronic Permit Processing Complete
Bluebeam, an online, electronic mapping and design sharing system was launched to the public in Summer 2021. Bluebeam allows an applicant to scan and send plans to the City and for staff to provide feedback electronically. Bluebeam saves the applicant a lot of time -- and therefore money -- during planning and development activities while also streamlining internal review and approval processes for City staff. Overall, the system is more efficient than the former manual process and allows for better customer and internal communication through automated email notifications, enabling City staff to provide better service through a modern approach to permit processing.
Core Financials in the Works
The Core Financials phase includes Purchasing (requisitions, purchase orders, contracts), Accounts Payable (receiving invoices and issuing payments), Accounts Receivable (billing for City fees and charges and processing payments), Project Management (accounting for capital improvements within the City’s limit, and grant accounting), recording all financial transactions that result in monthly issuance of reports (balance sheet, cash flow, statement of government activities), and financial planning with its integrated budget projection and control tools.
Over the last year, staff have reviewed, documented and forensically dissected all financial ways of working and process flows. This current state assessment was vital to identifying how best to capitalize on the opportunities provided by Tyler Munis. More specifically, we have rebuilt the Chart of Accounts (the numbering system the City uses to categorize, record, monitor, and report on revenue and expenditures) to vastly improve speed and accuracy of reporting for auditors, City Council, residents and staff. Staff has simplified General Ledger account structures, grouping departments and program (formerly division) numbers together for clearer reading of budgets and financial information. There are improvements to credit card spend approval and transparency through integration with the issuing bank. We have enhanced vendor reporting to ensure adherence to City purchasing policies through centralized reporting and requiring all procurement activities be approved by the Purchasing Division electronically, with audit records tracking each action. We have begun testing of a new online vendor portal for vendor registration and provide viewing access to purchase orders, contracts, and payments. Staff has reviewed, refined and converted all relevant legacy vendor and customer information. Staff has completed a significant amount of system configuration for the City’s decentralized revenue collection using one common system, negating the need for multiple manual processes and reconciliation steps. We have created new fee and charge codes to ensure more accurate and timely billing for City services, fees and fines. (This work excludes Utility Billing as that will be included in a separate ERP phase commencing in 2023.) Staff has configured a new Project Ledger module to provide real time project reporting and budgetary controls for all capital projects and grant funded activity. Finally, technical staff has enhanced the enforcement of segregation of duties through system access controls and made progress toward single sign on access controls to improve information access and security.
Human Capital Management in the Works
Human Capital Management (HCM) is a large phase encompassing all the functions and processes from recruitment through payment and termination of all 1,552 employees, recording and processing all benefit payments, employment taxes, retirement plan contributions, and implementing various bargaining unit memorandum of understanding (MOU) agreements in relation to employee pay and benefits. The HCM phase includes integration with leading industry learning and recruitment tools, enhancing the way the City can identify, nurture and retain talent for the benefit of the organization and its residents and customers. The HCM phase is currently developing a detailed project plan while undertaking current state analysis, documenting all current processes and procedures and identifying how best to utilize Munis functionality in order to improve efficiency and accuracy.
78 Upcoming Milestones
Configuration of the Core Financials phase is anticipated to be mostly completed by the end of January 2022, with system testing anticipated to occur throughout the spring. Training plans and resources are currently being developed in order to ensure all staff who will use Munis receive the appropriate instructions at the right time.
Most end users will be required to attend training specific to their job roles in the months of May and June to ensure the skills they learn are retained for go-live in July. This training is currently scheduled in person with appropriate Covid distancing but we are developing a backup plan in case of a Covid wave in the spring.
Additionally, staff anticipates bringing changes to the City’s procurement ordinance before the Finance and Governance Committee and City Council in the coming months; some of these changes can be made to retain or even enhance controls and efficiency of operations given the opportunities afforded by the implementation of Munis. Finally, staff will prepare the budget for FY2022-23 in a similar manner to previous budgeting cycles using the legacy system (HTE); after adoption of the FY2022-23 budget, staff will convert the budget from the legacy system coding to the new Munis account numbers.
In Human Capital Management, over the next twelve months, staff, job classifications, rates of pay, benefits, retirement contracts and many other data points will be converted and added to the new system in order to test and run parallel payroll runs, ensuring that the City is prepared to launch and fully integrate HCM to Core Financials in January 2023. During the period of Core Financials being live and HCM in development, the City will continue to use its legacy system, HTE, to perform all payroll calculations, payments and benefit calculations, taking that information and translating it into the appropriate Munis accounting codes such that all activity will be reportable and managed against the adopted budget that will be held in Munis.
Project Management
Originally, the City hired an employee to manage this Project, and Berry Dunn eventually took over this role.
In that time, a significant amount of work -- as detailed above -- has been completed by City staff with the support of Berry Dunn. Toward the end of Summer 2021, it became increasingly clear, however, that progress had slowed and there was a need to review the City’s project management approach. The City’s ERP Core Team (consisting of the Deputy City Manager, Human Resources Director, Assistant Human Resources Director, Chief Financial Officer, Assistant Chief Financial Officer, and two IT Managers) unanimously agreed to hire an independent company to review progress to date and make recommendations.
Kreative Core Technologies Corp. (Kreative) specializes in project management services for ERP applications and has implemented Tyler products, including Munis, across a number of municipalities similar to the City of Oxnard. In September 2021, the City entered into a contract not to exceed $25,000 for Kreative to provide a current state assessment (Assessment) of the City’s planning for ERP implementation and identify scope of work for the successful implementation, stabilization, and adoption of the ERP system on time and within budget. Kreative completed its Assessment on October 4, 2021, and presented findings to the City ERP Core Team. The ERP Core Team recommended a first amendment to the existing contract, not to exceed $200,000, to enable Kreative to assist the City with project management services and avoid delays to the Core Financials phase of the ERP project scheduled to go live in July 2022.
In accordance with the terms of the first amendment, Kreative is supporting two critical phases of the ERP implementation by providing two full-time project managers, overseen by a Senior Project Manager. Staff recommends that Kreative continue to provide project management services for the Core Financials and HCM phases of the Project to ensure continuity of resources and in response to the significant progress that has been made since the commencement of Kreative's project management in October 2021.
Furthermore, staff anticipates that pending the successful results and expected delivery of Core Financials and HCM, a recommendation to further amend the Kreative contract may be forthcoming. The City will need expert project management services to implement the next three phases of the ERP (EnerGov Community 79 Development, Enterprise Asset Management, and Utility Billing). A project of this size, complexity and time span will shift in accordance with the evolving needs of the City, and staff will continue to monitor and adjust plans in accordance with the best possible course of action at the time.
STRATEGIC PRIORITIES
This agenda item supports the Organizational Effectiveness strategy. The purpose of the Organizational Effectiveness strategy is to reinforce, stabilize, improve, and strengthen the organizational foundation of the City in order to build a modern, high-functioning City government that effectively and efficiently supports the operating departments in providing high-quality services and programs for our residents and businesses.
FINANCIAL IMPACT
The ERP Project was budgeted at $14.9 million for all five phases. To date $3.6 million has been expended, with a further $2.1 million encumbered from FY2021-22 budget. There are sufficient appropriations in the FY2021-22 budget to cover anticipated expenses. Future budgets will include the appropriations necessary to cover anticipated costs of completing the project phases planned for those fiscal years.
The proposed second amendment to the consulting services agreement with Kreative for Core Financials and HCM project management services has a not-to-exceed amount of $900,000 spanning approximately 18 months. The total cost will be funded through the existing project budget, utilizing savings from the reduced Berry Dunn contract and through reduced consulting hours within the existing Tyler contract.
There is sufficient funding in the FY2021-22 ERP project budget (Fund 316 Lease Revenue Refunding Bonds, Project 207302) to cover the Kreative costs anticipated for FY 2021-22. Future proposed budgets will request appropriation authority as necessary.
Prepared by: Mark Sewell, Assistant Chief Financial Officer, Shiri Klima, Deputy City Manager
ATTACHMENTS
1. Kreative Core Agreement
2. Kreative Core First Amendment
3. Kreative Core Second Amendment
80 81
82 83
84 85
86 87
88 89
90 91
92 93
94 95
96 97
98 99
100
101
102
103
104
105
106
107
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.9
DATE: January 18, 2022
TO: City Council
FROM: Alexander Hamilton, Fire Chief, (805) 385-7700, [email protected] SUBJECT: Appropriation of Wildland Fire Reimbursement Revenue.
RECOMMENDATION
That the City Council amend the FY 2021-22 Budget to recognize an additional $695,615 of General Fund revenue from wildland fire reimbursement and appropriate $370,128 to the Fire Department to restore the Department’s original training budget; to improve and expand training related to mutual aid response; and to acquire equipment and supplies. (Community Services, Public Safety, Housing & Development Committee approved 3-0.)
BACKGROUND
The Oxnard Fire Department has played an increasingly important role in responding to large-scale wildland incidents around the state in the last five years. This has been due, in part, to the size of the wildland incidents within California.
The Thomas Fire that started in 2017, was the largest fire in the state’s history, and now ranks ninth in largest fires.
Eleven of the twenty largest fires in California history have started since the Thomas Fire.
The Fire Department responds to these mutual aid requests through an agreement known as the California Fire Assistance Agreement (CFAA). The CFAA agreement has signatories from all Federal, State, County, and Local fire agencies. As a part of this agreement, the Fire Department provides an updated salary survey to the California Office of Emergency Services (CalOES) that processes all reimbursement claims. Ultimately the reimbursement funds generally come from the State or Federal government depending on the jurisdiction of the wildland incident.
The CFAA provides reimbursement for the Fire Department that includes all personnel costs, vehicle costs, travel costs (food and accommodation) as well as an administrative fee. The administrative fee is adjusted every year and this year it is set at 17.1% of total reimbursed expenses.
DISCUSSION
Since the Department started participating in mutual aid deployments, all mutual-aid expenses have been charged to the Fire Department’s General Fund Operating Budget. This has resulted in funds originally appropriated to the Department by City Council for regular Department operations being diverted to wildland fire response outside the City.
The State or Federal reimbursement arrives months after the incident has been resolved, with the revenue credited to the General Fund, but without a corresponding increase in appropriations, leaving the Fire Department operating budget depleted. As of the posting of this staff report, one-third ($47,477) of the Fire Department training budget has been consumed by reimbursable costs for mutual aid assignments for FY21/22.
Furthermore, the Fire Department has yet to address the minimum training requirements of responding to mutual aid incidents based on State Fire Marshal certifications. The Department needs to invest in the professional development of personnel to ensure they can operate as safely as possible, while also meeting the minimum training requirements. 108
There are two high-priority training requirements the Department needs to address; ensuring all Captains are certified as Engine Boss and ensuring all Battalion Chiefs are certified as Strike Team Leaders. Currently, only eight of the 32 Captains meet the Engine Boss Certification. Engine Boss Certification involves a series of three classes that take a total of 11 days to complete. Currently, only three of the five Battalion Chiefs are certified as Strike Team Leaders.
Qualification for Strike Team Leader starts with three classes also taking 11 days to complete.
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
On March 30, 2021, City Council unanimously approved a Budget Appropriation reimbursing the Fire Department for all direct travel and personnel costs incurred for mutual aid while allowing the Department to reinvest the reimbursement for indirect costs (vehicle costs and the administrative surcharge) back in to the mutual aid program through training and the purchase of equipment designed for wildland fire response. With the budget appropriation approval occurring late in the fiscal year, the ability of the Department to fully utilize the funds was limited. This fiscal year (FY 21/22) the Department is requesting a budget appropriation for mutual aid responses to date. A second appropriation will be requested later in the fiscal year should additional responses take place.
The proposed allocation of CFAA reimbursements will allow the Fire Department to reimburse the General Fund for overtime and benefits incurred during mutual aid; to restore the training budget; and to supplies, equipment and certifications related to mutual aid response.
CFAA Reimbursement Amount Fund Purpose
Personnel costs $1,393,625 101-2201-802.80-03, 08 & 41
– OT & Employee Benefits
Reimburse budgeted
General Fund costs for
overtime and benefits
incurred during mutual
aid
Travel costs $47,477 101-2201-802.83-43 –
Training
Restore Fire Department
training budget for travel
costs charged to it during
mutual aid
Engine hours/Vehicle
reimbursement
$65,124 101-2201-802.86-06 –
Machinery and Equip New
To purchase equipment to
be used on mutual aid
assignments
Administrative surcharge
(17.1%)
$257,527 101-2201-802.81-34 – Minor
Eqp - Shop/Field
To reinvest in mutual aid
program through training
and supplies
Total $1,763,753 101-2201-581.75-19 - Other
Reimbursements
Approval of the accompanying budget appropriation request will increase the budgeted wildland reimbursement revenue by $695,615 to reflect the current anticipated total for Fiscal Year 2021-22 of $1,763,753 and appropriate $370,128, which is the unappropriated amount related to the administrative surcharge, travel and vehicle cost reimbursement. For the Fiscal Year 2022-23, the City Manager will recommend a similar approach going forward, with estimated wildland fire reimbursement costs and revenues, which are literally subject to the vagaries of nature.
COMMITTEE OUTCOME
109
The Finance and Governance Committee approved 2-0 on December 14, 2021 to approve the staff recommendation and to forward the item for Council approval.
Prepared by: Alexander Hamilton, Fire Chief, Amy Van Atta, Management Analyst II
ATTACHMENTS
1. BA Wildland Fire Reimbursement
110
REQUIRES CITY COUNCIL AUTHORIZATION
BA# (Finance Use Only)______________
BA Doc# (Finance Use Only)___________
Revised : 2/23/2012
REQUEST FOR BUDGET APPROPRIATION
Department: Fire Date: December 14, 2021
Project/Program
Manager: Hamilton Phone: x7700
Reason for Appropriation:
Recognize an additional $695,615 of Wildland Fire Reimbursement and appropriate $370,128 to the Fire Department for training, supplies, equipment purchases, and certifications.
Accounts and Descriptions AMOUNT
Fund: 101 - GENERAL FUND
Revenues/Transfers In
FIRE SUPPRESSION (2201)
101-2201-581.75-19 MISCELLANEOUS REVENUES/OTHER REIMBURSEMENTS 695,615 Sub-total Revenues 695,615
Expenditures/Transfers Out
FIRE SUPPRESSION (2201)
101-2201-802.81-34 MINOR EQP - SHOP/FIELD 257,527
101-2201-802.83-43 TRAINING/WORKSHOP/MTNGS 47,477
101-2201-802.86-06 MACHINERY AND EQUIP NEW 65,124
Sub-total Expenditures 370,128
Net Change to Fund Balance 325,487
Net Appropriation Change 370,128
Approvals
Department Director
Chief Financial Officer
City Manager
111
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.10
DATE: January 18, 2022
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Agreements for On-Call Professional Hydrogeological Services.
RECOMMENDATION
That the City Council approve and authorize the Mayor to execute the following on-call professional hydrogeological agreements:
1. Agreement A-8406 with Groundwater Solutions, Inc. dba GSI Water Solutions, Inc. in the amount not to exceed $250,000 for a three-year term;
2. Agreement A-8407 with ENGEO, Inc. in the amount not to exceed $250,000 for a three-year term; and
3. Agreement A-8408 with Hopkins Groundwater Consultants, Inc. in the amount not to exceed $250,000 for a threeyear term. (Public Works and Transportation Committee approved 3-0)
BACKGROUND
On September 28, 2021, the Public Works Department sent out a Request for Qualifications (RFQ) for multi-year on-call hydrogeological services. The RFQ solicited Statement of Qualifications (SOQ) from hydrogeological consulting firms.
These services are required due to the specialized nature of well rehabilitation, well design, well pump testing, water quality sampling, hydraulic modeling, and aquifer storage & recovery. A panel that consisted of the Water Division Manager, the Water Operations Manager, and a Supervising Civil Engineer reviewed four submitted SOQs.
DISCUSSION
The Public Works Department will be bringing forward various agreements to establish on-call professional engineering services with successful consultants or firms to provide professional and technical expertise once agreements are prepared. These agreements are necessary due to the volume and nature of work within the Public Works Engineering and Transportation & Mobility Divisions and will continue to support the departmental needs for various projects.
Additionally, having pre-approved on-call agreements for professional services can reduce the amount of time necessary to complete certain types of smaller CIP projects.
Professional services under this agreement will be composed of task orders for each individual project assigned by the City and under the supervision of a Project Manager. The task order proposal will identify a concise description of the scope of work to be performed by the consultant, the method by which the consultant plans on completing the work, and a schedule for completion of the work. It is the consultant's responsibility to determine the best and most cost-effective method to complete the work so that the assigned task order can be completed to the satisfaction of the City of Oxnard.
Projects with special requirements (i.e. federally funded) will be publicly bid separately when required.
STRATEGIC PRIORITIES
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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 total amount of each agreement shall not exceed the amounts noted above over the term of three years. Funding will be charged to a given project or funding source dependent upon the services performed by task orders. The respective Department/Project Manager will ensure sufficient funding is available in the approved operating budget or CIP project budget for related tasks prior to initiating services performed.
COMMITTEE OUTCOME
The Public Works and Transportation Committee approved 3-0 on December 28, 2021 to approve the staff recommendation and to forward the item for Council approval.
Prepared by: Tatiana Arnaout, City Engineer
ATTACHMENTS
1. A-8406 GSI Water Solutions
2. A-8407 ENGEO Inc
3. A-8408 Hopkins Groundwater
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Agreement No. A-8406
AGREEMENT FOR PROFESSIONAL SERVICES
COVER PAGE
(1) Agreement Start Date: January 18, 2022
(2) Consultant: Groundwater Solutions, Inc. dba GSI Water Solutions, Inc. (3) Services: On-Call Hydrogeological Services
(4) Schedule of Services: The Services must be completed within two calendar years of the Agreement Start Date listed above
(5) Agreement Ending Date: January 17, 2025
(6) Total Agreement Amount: $250,000
(7) City’s Project Manager: Tim Beaman
(8) Consultant’s Project Manager: Tim Thompson, PG, CHG (9) Insurance Coverage: INS-A
(10) Addresses for Notice:
FOR CONSULTANT: FOR CITY:
GSI Water Solutions, Inc. City of Oxnard
Attn: Tim Thompson, PG, CHG Attn: Tim Beaman, Supervising Civil Engineer 418 Chapala Street, Suite H 305 W Third Street
Santa Barbara, CA 93101 Oxnard, CA 93030
(11) Contact Emails:
CONSULTANT’S PROJECT CITY’S PROJECT MANAGER:
MANAGER:
[email protected] [email protected]
The Agreement for Professional Services is attached hereto and incorporated herein by this reference. The following exhibits are also attached hereto and incorporated herein by this reference into the Agreement:
☐ Scope of Services Exhibit
☐ Rates and Costs Exhibit
☐ Prevailing Wages Exhibit
☐ Insurance Exhibit (INS-A)
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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL 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) Consultant” on the Cover Page, subject to the following terms and conditions:
1. Scope of Services. Consultant shall provide to City the services listed as “(3) Services” on the Cover Page (the “Services”). Consultant 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. Standard of Performance. Consultant shall undertake and complete the Services to conclusion using the standard of care, skill and diligence normally provided by a professional person in the performance of similar consulting services.
3. Correction of Errors. Consultant shall correct, at its expense, all errors which may be disclosed during review of the Services. Should Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by City, and the cost thereof shall be paid by Consultant.
4. 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.
5. Compensation. For the Services performed during the term of this Agreement, City shall pay Consultant an amount not to exceed the amount that is listed as “(6) Total Agreement Amount” on the Cover Page, at the rates listed in Rates and Costs Exhibit, attached hereto and incorporated herein by this reference. The rates in Rates and Costs Exhibit shall be in effect through the end of this Agreement. Except as otherwise expressly provided in this Agreement, City shall not be responsible for expenses incurred by Consultant in performing the Services.
6. Invoices. Consultant shall submit a payment request to City within ten (10) days following 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].
7. Acceptance of Payment. Consultant’s acceptance of final payment made pursuant to this Agreement shall constitute a release of City from all claims and liabilities for compensation to Consultant for anything completed, finished or relating to the Services. City’s payment shall not constitute nor be deemed a release of the responsibility and liability of Consultant 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 Consultant and its employees agents and subcontractors.
Consultant 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 Consultant or materials or products provided to City by Consultant, Consultant shall pay the sales tax. City shall not reimburse Consultant for sales taxes paid by Consultant.
8. Non-Appropriation of Funds. Payments to be made to Consultant 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 conclusion of the last fiscal year in which City appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.
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9. Coordination of Services. The Services shall be coordinated with the person in the position listed in “(7) City’s Project Manager” on the Cover Page, subject to the direction of the City Manager and Department Director. Consultant hereby designates the person in the position listed in “(8) Consultant’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 Consultant.
10. Personnel. Consultant represents that it has, or shall secure at its own expense, all personnel required to perform the Services. Any person who performs engineering services pursuant to this Agreement shall be licensed as a Civil Engineer by the State of California and in good standing. Consultant shall make reasonable efforts to maintain the continuity of Consultant’s staff who are assigned to perform the Services. Consultant 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 Consultant’s employees, assigns or subcontractors not conduct him- or herself appropriately, 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 Consultant’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. Consultant shall perform such work, and City shall pay for such additional work, in accordance with Rates and Costs Exhibit. Should the work not fall under any such listed rate or cost, Consultant shall submit a quote for all additional work, which the City’s Project Manager must approve in writing by before any such work may commence. The City shall compensate Consultant for any work that does not fall under a rate or cost listed in the Rates and Costs Exhibit, and for which Consultant did not obtain the City’s Project Manager’s written approval before work commenced, as determined by the City’s Project Manager in his or her sole discretion.
12. Audit. City shall have the option of inspecting, auditing and/or reproducing all records and other written materials used by Consultant in preparing its billings to City as a condition precedent to any payment to Consultant. Consultant 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 Consultant for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, Consultant shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement. Consultant shall include a copy of this Section 12 in all contracts with its subcontractors, and Consultant 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.
13. Termination. City may terminate this Agreement at any time, with or without cause and without penalty, upon 15 days prior written notice. Such termination shall be effective on the date specified in the notice, or if no date is specified, then 10 calendar days from the date of delivery or mailing of such notice. Consultant may terminate this Agreement at any time, with or without cause and without penalty, upon 30 days prior written notice.
Such termination shall be effective on the date specified in the notice, or if no date is specified, then 10 calendar days from the date of delivery or mailing of such notice and only if all assignments accepted by Consultant 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 Consultant, City shall pay Consultant 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 Consultant receive an amount exceeding that which would have been paid to Consultant for the full performance of the Services.
14. Hold Harmless and Indemnity.
If Consultant provides any architectural, landscape architectural, engineering or land surveying (“design professional”) services, to the maximum extent permitted by law, Consultant shall hold harmless and indemnify City, its legislative and advisory bodies, and the City’s officials, directors, officers, and employees (collectively, “Indemnitees”) from and against any and all claims, demands, causes of action, damages, injuries, liabilities, losses, 116
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penalties, fines, judgments, costs or expenses, including reimbursement of attorneys’ fees, court costs and costs of alternative dispute resolution, including but not limited to those relating to death or injury to any person and injury to any property (collectively, “Claims”), only to the extent actually caused by the negligence, recklessness, or willful misconduct of Consultant or of any of its officers, employees, or subcontractors in the performance of the Agreement or in the failure to comply with any of the obligations contained in this Agreement.
Consultants obligation to defend any indemnified parties for claims arising from professional services shall mean Consultants legal obligation to reimburse the Indemnified Parties for their reasonable defense costs to the extent caused by Consultants negligence.
As respects its operations under this Agreement other than the performance of professional services, the Consultant shall, hold harmless, indemnify, and defend the Client from and against any and all claims, demands, actions, suits, losses, liabilities, expenses, and costs, including, without limitation, attorney's fees, arising out of injury to any persons, including death, or damage to any property arising from the non-professional activities or business operations of the Consultant.
a. The review, acceptance or approval of Consultant’s work or work product by any of the Indemnitees shall not affect, relieve or reduce Consultant’s indemnification or defense obligations. This Section 14 shall survive completion of the Services or termination of this Agreement. The provisions of this Section 14 shall not be restricted by and does not affect the provisions of this Agreement relating to insurance.
15. Insurance. Consultant 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 City’s Risk Manager waives, in writing, the requirement that Consultant obtain and maintain such insurance coverages. Consultant shall, before performance of any Services, file with the City’s 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 Consultant is a material element of this Agreement. Consultant’s failure to maintain or renew insurance coverages or to provide renewal evidence, and any lapse in insurance coverage, may be considered a material breach of this Agreement.
16. 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 Consultant pursuant to this Agreement (“Documents and Materials”) shall be the City’s property without restriction or limitation upon its use, duplication or dissemination. 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. Consultant shall not obtain or attempt to obtain copyright protection as to any Documents and Materials. Consultant 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 16. b. Consultant 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 Consultant 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 Consultant prepares Documents and Materials on a computer, Consultant shall provide City with said Documents and Materials both in a printed format and in an electronic format that is acceptable to the City. Consultant may retain copies of these Documents and Materials but must request permission from the City before use, duplication or dissemination of 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 117
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completed Documents and Materials for other City projects, or any use of incomplete Documents and Materials, without the written consent of Consultant, shall be at City’s sole risk and without liability or legal exposure to Consultant.
d. Consultant 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.
Consultant 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, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant 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, Consultant, 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 16 shall survive the termination of this Agreement.
17. 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, drawings, 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 Consultant or is developed by Consultant 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 Consultant without the written consent of the City, except as may be necessary for Consultant to fulfill its obligations to the City. c. Notwithstanding the above, these limitations shall not apply to information that (i) is already known to Consultant at the time of that information’s disclosure or becomes publicly known through no wrongful act or omission of Consultant, (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 Consultant and has no relation 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, Consultant shall immediately provide City with written notice 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. Consultant 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 Consultant. Any relief granted shall be in addition to and not in lieu 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.
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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 Consultant in reliance on any Confidential Information disclosed under this Agreement.
f. This Section 17 shall survive the termination of this Agreement.
18. Independent Contractor. Consultant 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 Consultant or any of its employees, except as stated in this Agreement. Consultant 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 Consultant, 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 Consultant wishes except as expressly provided in this Agreement. This Agreement shall not be interpreted to prevent or preclude Consultant from rendering any services for Consultant’s own account or to any other person or entity as Consultant in its sole discretion shall determine; provided, however, that performing such services shall not materially interfere with the Services Consultant shall perform for the City. Except as City’s Project Manager specifies in writing, Consultant 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. Consultant and its employees are not employees of City. Consultant 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. Consultant 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. Consultant agrees to pay all required taxes on amounts paid to Consultant 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 independent contractor relationship created by this Agreement. Consultant shall be solely responsible for, and shall save City harmless from, all matters relating to the payment of Consultant’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 any compensation due to Consultant under this Agreement any amount due to City from Consultant as a result of its failure to promptly pay to City any reimbursement or indemnification arising under this Section 18.
19. Nondiscriminatory Employment. Consultant 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. Consultant understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, Consultant shall be responsible for such subcontractor’s compliance with this Section 19.
20. Consultant’s Representations. Consultant represents, covenants and guarantees that: a) Consultant 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 Consultant’s full performance under this Agreement; c) to the extent required by the standard of practice, Consultant 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.
21. Compliance with Laws. In performing the Services under this Agreement, Consultant shall comply with all applicable laws, ordinances and regulations. Before providing any Services under this Agreement, Consultant shall, at its own expense, obtain and maintain all required certificates, licenses and permits, including a City business tax certificate.
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22. Conflict of Interest. If, in performing the Services set forth in this Agreement, Consultant 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, Consultant shall be subject to City's 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 Consultant's personnel providing the Services set forth in this Agreement. Furthermore, Consultant 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 Consultant “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 Consultant has been retained pursuant to this Agreement.
23. Fictitious Name. If Consultant has a fictitious name, Consultant shall submit to City a new Fictitious Business Name Statement approved by any California county before Consultant’s prior Fictitious Business Name Statement expires if such expiration may occur during the term of this Agreement, including any term amendment.
24. Non-Assignability. This Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s personnel’s unique competence, experience and specialized personal knowledge. Consultant 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 Consultant shall hold harmless, defend and indemnify Indemnitees from and against all Claims arising from or relating to any unauthorized assignment.
25. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of Consultant.
26. 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.
27. 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.
28. Force Majeure. Neither City nor Consultant 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.
29. Authority. Any person executing this Agreement on behalf of Consultant warrants and represents that s/he has the authority to execute this Agreement on behalf of Consultant and to bind it to the performance of these obligations.
30. 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.
31. Integration; Amendment. This Agreement, including any other documents incorporated herein by specific reference, constitutes the entire and integrated agreement of City and Consultant 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 or amended, nor any provision or breach waived, except in a writing, signed by both parties, that expressly refers to this Agreement.
32. 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. 120
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33. 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 Consultant 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 Consultant, 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.
34. 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 relief 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.
35. 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 delivered by hand or overnight courier service during City’s regular business hours or (b) the third business day following deposit in the United States mail, postage prepaid—to the addresses listed as “(10) Addresses for Notice” on the Cover Page or at such other address as one party may notify the other in writing.
36. 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 Project Managers’ emails listed in “(11) 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.
37. 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 remaining provisions of this Agreement shall continue in full force and effect.
[Signatures on next page]
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SCOPE OF SERVICES EXHIBIT
The scope of services for hydrogeological consulting services includes, but is not limited to, providing the necessary hydrogeological design, technical review, and hydrogeological consulting support services consistent with ongoing groundwater resource planning, development projects, and capital improvement programs. Consultation services shall include, but not be limited to, the following:
1) Preliminary Investigations - Review and assess existing data, reports, record documents relative to the project and conduct all necessary investigations and analyses required to identify and mitigate operational issues or impact design/construction including:
a) Regulatory/code and permitting requirements.
b) CEQA compliance.
c) Geotechnical investigation.
d) Review City well performance and groundwater water quality data. 2) Operations – Operational and technical support, evaluations, studies, and reporting, including, but not limited to:
a) Groundwater production strategy, particularly in response to Fox Canyon Groundwater Management Agency (FCGMA) changes in allocation.
b) Groundwater pumping and water quality.
c) Well production capabilities and limitations.
d) Groundwater recharge and indirection potable reuse.
e) Assessment of undocumented wells.
f) Urban Water Management Plan (prepared by others) and other planning documents. g) FCGMA issues such as well boundaries, allocation, well abandonment procedures, conservation credits and conduct well maintenance and testing.
h) Aid in reviewing various City Water System Master Plan, Recycled Water Master Plan, Water Supply Assessments, Water Supply Verifications, and in commenting on groundwater related issues. i) ASR Pilot Study consultation.
j) Well start-up and commissioning.
k) Develop standard operating procedures.
l) Develop maintenance protocol and procedures.
3) Permitting - Identify, coordinate, prepare, submit, and manage all required permits including, but not limited to:
a) California State Water Resources Control Board Division of Drinking Water b) Regional Water Quality Control Board
c) Fox Canyon Groundwater Management Agency
d) Ventura County Watershed Protection District
e) County of Ventura
f) Calleguas Municipal Water District (CMWD)
g) United Water Conservation District (UWCD)
h) Environmental Protection Agency (EPA)
4) Design Services
a) Planning and conceptual design
b) Preliminary design and basis of design reports
c) Design drawings
d) Specifications
e) Bid item lists and cost estimates
5) Bid phase services
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RATES AND COSTS EXHIBIT
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PREVAILING WAGES EXHIBIT
1. Vendor acknowledges that the Project defined in the Agreement between Vendor and City is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and that this Agreement is subject to Chapter 1 and the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. Vendor shall perform the Project as a public work. Vendor shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein.
2. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Vendor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Vendor shall post such rates at each job site covered by this Agreement.
3. Vendor is required to post job site notices, as prescribed by regulation. See Labor Code Section 1771.4(a)(2).
4. Vendor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Vendor shall, as a penalty to City, forfeit not more than $200 for each calendar day or portion thereof for each worker paid less than the DIR’s determined prevailing rates for the work or craft in which the worker is employed pursuant to this Agreement by Vendor or any subcontractor. The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.
5. Vendor shall comply with Labor Code Section 1776, which requires Vendor and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, (2) certify and make such payroll records available for inspection, and (3) inform City of the location of the records.
6. Vendor shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all apprenticeable occupations.
Before commencing work under this Agreement, Vendor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding the Project, Vendor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
7. Vendor may not be debarred or suspended throughout the Agreement Term pursuant to Labor Code Section 1777.1 or 1777.7. If he, she or it becomes debarred or suspended in the Agreement Term, Vendor must immediately notify City.
8. Vendor is not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Vendor shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement. This provision does not apply to construction, alteration, demolition, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less.
9. Vendor acknowledges that 8 hours labor constitutes a legal day’s work. Vendor shall comply with and be bound by Labor Code Section 1810.
10. Vendor shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours. Vendor shall, as a penalty to City, forfeit $25 for each worker employed in the performance of this Agreement by Vendor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by Vendor’s employees in excess of 8 hours per day and 40 hours per week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.
11. The Project listed in the Agreement is subject to compliance monitoring and enforcement by the DIR.
12. Vendor shall be responsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. Vendor shall include in the written contract between it and each subcontractor a copy of, and a requirement that each subcontractor shall comply with, those statutory provisions. Vendor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’ compliance, including without limitation, conducting a periodic review of the certified payroll records of each subcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified prevailing rate of wages, Vendor shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent, Vendor shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify City, its legislative bodies, and its officials, officers, employees and agents from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Vendor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of Vendor under this Section shall survive Agreement termination. 125
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INSURANCE EXHIBIT
Exhibit INS-A
INSURANCE REQUIREMENTS FOR CONSULTANTS
(WITH ERRORS AND OMISSIONS REQUIREMENT)
1. Consultant shall obtain and maintain during the performance of any services under this Agreement 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 Consultant, its agents, representatives, employees or subconsultants. a. Commercial General Liability Insurance, including Contractual Liability, 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 CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project 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 liability coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;” c. Professional liability/errors and omissions insurance appropriate to Consultant’s profession to a minimum coverage of $1,000,000, with neither Consultant nor listed subconsultants 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. 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 rights of subrogation which the insurer may have against the City.
2. Consultant shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-A. The certificates and endorsements for each insurance policy are to 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 commencement of services. 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. Consultant 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, 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. Consultant agrees that the commercial general liability and business automobile liability insurance policies shall be endorsed to name City, its City Council, officers, employees, agents and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees, agents and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-A 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 insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
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officers, employees and volunteers, or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
7. All insurance standards applicable to Consultant shall also be applicable to Consultant's subconsultants. Consultant agrees to maintain appropriate agreements with subconsultants and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.
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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 commercial general liability and business automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that the Consultant/insurer 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.
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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
A GENERAL LIABILITY
[x] COMMERCIAL GENERAL
LIABILITY [ ] 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
[x] ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
COMBINED SINGLE $1,000,000
LIMIT
BODILY INJURY $
(Per person)
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE $
A EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA
FORM
EACH OCCURRENCE $
AGGREGATE $
A WORKERS'
COMPENSATION
AND
EMPLOYERS' LIABILITY
STATUTORY LIMITS
EACH ACCIDENT $1,000,000
DISEASE-POLICY LIMIT $1,000,000
DISEASE-EACH EMPLOYEE $1,000,000
A OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant
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
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GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO. ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence 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 in which case only the following specific agreements and permits with the City are covered
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
COMPREHENSIVE GENERAL LIABILITY
OWNERS & CONTRACTORS PROTECTIVE
Claims Made
Retroactive Date
Occurrence
OTHER PROVISIONS
COVERAGES LIABILITY LIMITS IN THOUSANDS $
EACH OCCURRENCE AGGREGATE
GENERAL
PRODUCTS/COMPLETED OPERATIONS
PERSONAL & ADVERTISING INJURY
FIRE DAMAGE
CLAIMS: Underwriter’s representative for claims pursuant to this insurance.
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
Broker/Agent Underwriter
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:
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AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO. ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence 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 in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE OTHER PROVISIONS
COMMERCIAL AUTO POLICY
BUSINESS AUTO POLICY
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 endorsement 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 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 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 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
Broker/Agent Underwriter
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
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Agreement No. A-8408
AGREEMENT FOR PROFESSIONAL SERVICES
COVER PAGE
(1) Agreement Start Date: January 18, 2022
(2) Consultant: Hopkins Groundwater Consultants, Inc.
(3) Services: On-Call Hydrogeological Services
(4) Schedule of Services: The Services must be completed within three calendar years of the Agreement Start Date listed above
(5) Agreement Ending Date: January 17, 2025
(6) Total Agreement Amount: $250,000
(7) City’s Project Manager: Omar Castro
(8) Consultant’s Project Manager: Curtis Hopkins
(9) Insurance Coverage: INS-A
(10) Addresses for Notice:
FOR CONSULTANT: FOR CITY:
Hopkins Groundwater Consultants, Inc. City of Oxnard
Attn: Curtis Hopkins Attn: Omar Castro, Water Division Manager PO Box 3596 305 W Third Street
Ventura, CA 93006 Oxnard, CA 93030
(11) Contact Emails:
CONSULTANT’S PROJECT CITY’S PROJECT MANAGER:
MANAGER:
[email protected] [email protected]
The Agreement for Professional Services is attached hereto and incorporated herein by this reference. The following exhibits are also attached hereto and incorporated herein by this reference into the Agreement:
☐ Scope of Services Exhibit
☐ Rates and Costs Exhibit
☐ Prevailing Wages Exhibit
☐ Insurance Exhibit (INS-A)
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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL 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) Consultant” on the Cover Page, subject to the following terms and conditions:
1. Scope of Services. Consultant shall provide to City the services listed as “(3) Services” on the Cover Page (the “Services”). Consultant 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. Standard of Performance. Consultant shall undertake and complete the Services to conclusion using the standard of care, skill and diligence normally provided by a professional person in the performance of similar consulting services.
3. Correction of Errors. Consultant shall correct, at its expense, all errors which may be disclosed during review of the Services. Should Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by City, and the cost thereof shall be paid by Consultant.
4. 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.
5. Compensation. For the Services performed during the term of this Agreement, City shall pay Consultant an amount not to exceed the amount that is listed as “(6) Total Agreement Amount” on the Cover Page, at the rates listed in Rates and Costs Exhibit, attached hereto and incorporated herein by this reference. The rates in Rates and Costs Exhibit shall be in effect through the end of this Agreement. Except as otherwise expressly provided in this Agreement, City shall not be responsible for expenses incurred by Consultant in performing the Services.
6. Invoices. Consultant 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].
7. Acceptance of Payment. Consultant’s acceptance of final payment made pursuant to this Agreement shall constitute a release of City from all claims and liabilities for compensation to Consultant for anything completed, finished or relating to the Services. City’s payment shall not constitute nor be deemed a release of the responsibility and liability of Consultant 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 Consultant and its employees, agents and subcontractors. Consultant 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 Consultant or materials or products provided to City by Consultant, Consultant shall pay the sales tax. City shall not reimburse Consultant for sales taxes paid by Consultant.
8. Non-Appropriation of Funds. Payments to be made to Consultant 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 conclusion of the last fiscal year in which City appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.
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9. Coordination of Services. The Services shall be coordinated with the person in the position listed in “(7) City’s Project Manager” on the Cover Page, subject to the direction of the City Manager and Department Director. Consultant hereby designates the person in the position listed in “(8) Consultant’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 Consultant.
10. Personnel. Consultant represents that it has, or shall secure at its own expense, all personnel required to perform the Services. Any person who performs engineering services pursuant to this Agreement shall be licensed as a Civil Engineer by the State of California and in good standing. Consultant shall make reasonable efforts to maintain the continuity of Consultant’s staff who are assigned to perform the Services. Consultant 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 Consultant’s employees, assigns or subcontractors not conduct him- or herself appropriately, 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 Consultant’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. Consultant shall perform such work, and City shall pay for such additional work, in accordance with Rates and Costs Exhibit. Should the work not fall under any such listed rate or cost, Consultant shall submit a quote for all additional work, which the City’s Project Manager must approve in writing by before any such work may commence. The City shall compensate Consultant for any work that does not fall under a rate or cost listed in the Rates and Costs Exhibit, and for which Consultant did not obtain the City’s Project Manager’s written approval before work commenced, as determined by the City’s Project Manager in his or her sole discretion.
12. Audit. City shall have the option of inspecting, auditing and/or reproducing all records and other written materials used by Consultant in preparing its billings to City as a condition precedent to any payment to Consultant. Consultant 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 Consultant for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, Consultant shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement. Consultant shall include a copy of this Section 12 in all contracts with its subcontractors, and Consultant 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.
13. Termination. City may terminate this Agreement at any time, with or without cause and without penalty, upon 15 days prior written notice. Such termination shall be effective on the date specified in the notice, or if no date is specified, then 10 calendar days from the date of delivery or mailing of such notice. Consultant may terminate this Agreement at any time, with or without cause and without penalty, upon 30 days prior written notice.
Such termination shall be effective on the date specified in the notice, or if no date is specified, then 10 calendar days from the date of delivery or mailing of such notice and only if all assignments accepted by Consultant 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 Consultant, City shall pay Consultant 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 Consultant receive an amount exceeding that which would have been paid to Consultant for the full performance of the Services.
14. Hold Harmless, Defense and Indemnity.
If Consultant provides any architectural, landscape architectural, engineering or land surveying (“design professional”) services, to the maximum extent permitted by law, Consultant shall hold harmless, defend, and indemnify City, its legislative and advisory bodies, and the City’s officials, directors, officers, employees, and agents (collectively, “Indemnitees”) from and against any and all claims, demands, causes of action, damages, 152
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injuries, liabilities, losses, penalties, fines, judgments, costs or expenses, including reimbursement of attorneys’ fees, court costs and costs of alternative dispute resolution, including but not limited to those relating to death or injury to any person and injury to any property (collectively, “Claims”), to the extent that the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or of any of its officers, employees, subcontractors or agents in the performance of the Agreement or in the failure to comply with any of the obligations contained in this Agreement. Consultant’s obligation to defend is a separate and distinct obligation from Consultant’s duty to indemnify and applies through final judgment, including exhaustion of any appeals. Consultant shall be obligated to defend Indemnitees in all legal, equitable, administrative, or special proceedings, with counsel approved by the City Attorney, to the extent required herein immediately upon tender to Consultant of the Claim in any form or at any stage of an action or proceeding. The defense obligation includes the obligation to provide independent defense counsel if Consultant asserts that the liability is caused in whole or in part by the negligence or willful misconduct of any of the Indemnitees.
If Consultant provides no design professional services, to the maximum extent permitted by law, Consultant shall hold harmless, defend and indemnify the Indemnitees from and against any and all Claims, which arise out of, pertain to, or relate to the performance of this Agreement, or the failure to comply with any of the obligations contained in this Agreement, by Consultant or of any of its officials, directors, officers, employees, subcontractors, or agents. Consultant’s obligation to defend is a separate and distinct obligation from Consultant’s duty to indemnify and applies through final judgment, including exhaustion of any appeals. Consultant shall be obligated to defend Indemnitees in all legal, equitable, administrative, or special proceedings, with counsel approved by the City Attorney, immediately upon tender to Consultant of the Claim in any form or at any stage of an action or proceeding. The defense obligation includes the obligation to provide independent defense counsel if Consultant asserts that the liability is caused in whole or in part by the negligence or willful misconduct of any of the Indemnitees.
a. The review, acceptance or approval of Consultant’s work or work product by any of the Indemnitees shall not affect, relieve or reduce Consultant’s indemnification or defense obligations. This Section 14 shall survive completion of the Services or termination of this Agreement. The provisions of this Section 14 shall not be restricted by and does not affect the provisions of this Agreement relating to insurance.
15. Insurance. Consultant 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 City’s Risk Manager waives, in writing, the requirement that Consultant obtain and maintain such insurance coverages. Consultant shall, before performance of any Services, file with the City’s 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 Consultant is a material element of this Agreement. Consultant’s failure to maintain or renew insurance coverages or to provide renewal evidence, and any lapse in insurance coverage, may be considered a material breach of this Agreement.
16. 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 Consultant pursuant to this Agreement (“Documents and Materials”) shall be the City’s property without restriction or limitation upon its use, duplication or dissemination. 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. Consultant shall not obtain or attempt to obtain copyright protection as to any Documents and Materials. Consultant 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 16. b. Consultant 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, 153
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anytime at City’s request, City shall be entitled to possession of, and Consultant 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 Consultant prepares Documents and Materials on a computer, Consultant shall provide City with said Documents and Materials both in a printed format and in an electronic format that is acceptable to the City. Consultant may retain copies of these Documents and Materials but must request permission from the City before use, duplication or dissemination of 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 incomplete Documents and Materials, without the written consent of Consultant, shall be at City’s sole risk and without liability or legal exposure to Consultant.
d. Consultant 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.
Consultant 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, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant 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, Consultant, 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 16 shall survive the termination of this Agreement.
17. 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, drawings, 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 Consultant or is developed by Consultant 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 Consultant without the written consent of the City, except as may be necessary for Consultant to fulfill its obligations to the City. c. Notwithstanding the above, these limitations shall not apply to information that (i) is already known to Consultant at the time of that information’s disclosure or becomes publicly known through no wrongful act or omission of Consultant, (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 Consultant and has no relation 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, Consultant shall immediately provide City with written notice 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. 154
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d. Consultant 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 Consultant. Any relief granted shall be in addition to and not in lieu 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 Consultant in reliance on any Confidential Information disclosed under this Agreement.
f. This Section 17 shall survive the termination of this Agreement.
18. Independent Contractor. Consultant 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 Consultant or any of its employees, except as stated in this Agreement. Consultant 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 Consultant, 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 Consultant wishes except as expressly provided in this Agreement. This Agreement shall not be interpreted to prevent or preclude Consultant from rendering any services for Consultant’s own account or to any other person or entity as Consultant in its sole discretion shall determine; provided, however, that performing such services shall not materially interfere with the Services Consultant shall perform for the City. Except as City’s Project Manager specifies in writing, Consultant 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. Consultant and its employees are not employees of City. Consultant 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. Consultant 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. Consultant agrees to pay all required taxes on amounts paid to Consultant 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 independent contractor relationship created by this Agreement. Consultant shall be solely responsible for, and shall save City harmless from, all matters relating to the payment of Consultant’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 any compensation due to Consultant under this Agreement any amount due to City from Consultant as a result of its failure to promptly pay to City any reimbursement or indemnification arising under this Section 18.
19. Nondiscriminatory Employment. Consultant 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. Consultant understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, Consultant shall be responsible for such subcontractor’s compliance with this Section 19.
20. Consultant’s Representations. Consultant represents, covenants and guarantees that: a) Consultant 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 Consultant’s full performance under this Agreement; c) to the extent required by the standard of practice, Consultant has investigated and considered the scope of Services 155
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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.
21. Compliance with Laws. In performing the Services under this Agreement, Consultant shall comply with all applicable laws, ordinances and regulations. Before providing any Services under this Agreement, Consultant shall, at its own expense, obtain and maintain all required certificates, licenses and permits, including a City business tax certificate.
22. Conflict of Interest. If, in performing the Services set forth in this Agreement, Consultant 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, Consultant shall be subject to City's 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 Consultant's personnel providing the Services set forth in this Agreement. Furthermore, Consultant 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 Consultant “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 Consultant has been retained pursuant to this Agreement.
23. Fictitious Name. If Consultant has a fictitious name, Consultant shall submit to City a new Fictitious Business Name Statement approved by any California county before Consultant’s prior Fictitious Business Name Statement expires if such expiration may occur during the term of this Agreement, including any term amendment.
24. Non-Assignability. This Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s personnel’s unique competence, experience and specialized personal knowledge. Consultant 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 Consultant shall hold harmless, defend and indemnify Indemnitees from and against all Claims arising from or relating to any unauthorized assignment.
25. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of Consultant.
26. 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.
27. 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.
28. Force Majeure. Neither City nor Consultant 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.
29. Authority. Any person executing this Agreement on behalf of Consultant warrants and represents that s/he has the authority to execute this Agreement on behalf of Consultant and to bind it to the performance of these obligations.
30. 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.
31. Integration; Amendment. This Agreement, including any other documents incorporated herein by specific reference, constitutes the entire and integrated agreement of City and Consultant regarding the subject matter described herein. This Agreement supersedes all prior oral or written communications, negotiations, 156
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representations, agreements and promises. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing, signed by both parties, that expressly refers to this Agreement.
32. 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.
33. 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 Consultant 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 Consultant, 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.
34. 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 relief 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.
35. 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 delivered by hand or overnight courier service during City’s regular business hours or (b) the third business day following deposit in the United States mail, postage prepaid—to the addresses listed as “(10) Addresses for Notice” on the Cover Page or at such other address as one party may notify the other in writing.
36. 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 Project Managers’ emails listed in “(11) 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.
37. 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 remaining provisions of this Agreement shall continue in full force and effect.
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IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the date that is written as “(1) Agreement Start Date” on the Cover Page.
CITY OF OXNARD HOPKINS GROUNDWATER CONSULTANTS, INC.
Date Curtis Hopkins, President & Secretary2 Date
☐ Daniel Willhite, Purchasing Manager
☐ John C. Zaragoza, Mayor1
☐ Alexander Nguyen, City Manager
☐ , Buyer
Cheryl Hopkins, Vice President Date
ATTEST:
Rose Chaparro, City Date
Clerk (only if Mayor signs)
APPROVED AS TO FORM:
Stephen M. Fischer, City Date
Attorney (always required)
1 The City Council must authorize and the Mayor must sign any agreement over $200,000 annually. The City Manager may authorize and sign any agreement over $100,000 but up to $200,000 annually. The Purchasing Manager may authorize and sign any agreement up to $100,000 annually. A Buyer may authorize and sign any agreement up to $25,000 annually.
2 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC; or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.
If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company. 158
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SCOPE OF SERVICES EXHIBIT
The scope of services for hydrogeological consulting services includes, but is not limited to, providing the necessary hydrogeological design, technical review, and hydrogeological consulting support services consistent with ongoing groundwater resource planning, development projects, and capital improvement programs. Consultation services shall include, but not be limited to, the following:
1) Preliminary Investigations - Review and assess existing data, reports, record documents relative to the project and conduct all necessary investigations and analyses required to identify and mitigate operational issues or impact design/construction including:
a) Regulatory/code and permitting requirements.
b) CEQA compliance.
c) Geotechnical investigation.
d) Review City well performance and groundwater water quality data. 2) Operations – Operational and technical support, evaluations, studies, and reporting, including, but not limited to:
a) Groundwater production strategy, particularly in response to Fox Canyon Groundwater Management Agency (FCGMA) changes in allocation.
b) Groundwater pumping and water quality.
c) Well production capabilities and limitations.
d) Groundwater recharge and indirection potable reuse.
e) Assessment of undocumented wells.
f) Urban Water Management Plan (prepared by others) and other planning documents. g) FCGMA issues such as well boundaries, allocation, well abandonment procedures, conservation credits and conduct well maintenance and testing.
h) Aid in reviewing various City Water System Master Plan, Recycled Water Master Plan, Water Supply Assessments, Water Supply Verifications, and in commenting on groundwater related issues. i) ASR Pilot Study consultation.
j) Well start-up and commissioning.
k) Develop standard operating procedures.
l) Develop maintenance protocol and procedures.
3) Permitting - Identify, coordinate, prepare, submit, and manage all required permits including, but not limited to:
a) California State Water Resources Control Board Division of Drinking Water b) Regional Water Quality Control Board
c) Fox Canyon Groundwater Management Agency
d) Ventura County Watershed Protection District
e) County of Ventura
f) Calleguas Municipal Water District (CMWD)
g) United Water Conservation District (UWCD)
h) Environmental Protection Agency (EPA)
4) Design Services
a) Planning and conceptual design
b) Preliminary design and basis of design reports
c) Design drawings
d) Specifications
e) Bid item lists and cost estimates
5) Bid phase services
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RATES AND COSTS EXHIBIT
Billing rates effective through the first year of the agreement. Any price increases, after the first year of the agreemen,t must be made to the City in writing to the City 60 days prior to effective date. Any price increases must be mutally agreed upon in writing between the Consultant and the City.
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PREVAILING WAGES EXHIBIT
1. Vendor acknowledges that the Project defined in the Agreement between Vendor and City is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and that this Agreement is subject to Chapter 1 and the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. Vendor shall perform the Project as a public work. Vendor shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein.
2. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Vendor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Vendor shall post such rates at each job site covered by this Agreement.
3. Vendor is required to post job site notices, as prescribed by regulation. See Labor Code Section 1771.4(a)(2).
4. Vendor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Vendor shall, as a penalty to City, forfeit not more than $200 for each calendar day or portion thereof for each worker paid less than the DIR’s determined prevailing rates for the work or craft in which the worker is employed pursuant to this Agreement by Vendor or any subcontractor. The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.
5. Vendor shall comply with Labor Code Section 1776, which requires Vendor and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, (2) certify and make such payroll records available for inspection, and (3) inform City of the location of the records.
6. Vendor shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all apprenticeable occupations.
Before commencing work under this Agreement, Vendor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding the Project, Vendor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
7. Vendor may not be debarred or suspended throughout the Agreement Term pursuant to Labor Code Section 1777.1 or 1777.7. If he, she or it becomes debarred or suspended in the Agreement Term, Vendor must immediately notify City.
8. Vendor is not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Vendor shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement. This provision does not apply to construction, alteration, demolition, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less.
9. Vendor acknowledges that 8 hours labor constitutes a legal day’s work. Vendor shall comply with and be bound by Labor Code Section 1810.
10. Vendor shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours. Vendor shall, as a penalty to City, forfeit $25 for each worker employed in the performance of this Agreement by Vendor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by Vendor’s employees in excess of 8 hours per day and 40 hours per week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.
11. The Project listed in the Agreement is subject to compliance monitoring and enforcement by the DIR.
12. Vendor shall be responsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. Vendor shall include in the written contract between it and each subcontractor a copy of, and a requirement that each subcontractor shall comply with, those statutory provisions. Vendor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’ compliance, including without limitation, conducting a periodic review of the certified payroll records of each subcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified prevailing rate of wages, Vendor shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent, Vendor shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify City, its legislative bodies, and its officials, officers, employees and agents from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Vendor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of Vendor under this Section shall survive Agreement termination. 161
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INSURANCE EXHIBIT
Exhibit INS-A
INSURANCE REQUIREMENTS FOR CONSULTANTS
(WITH ERRORS AND OMISSIONS REQUIREMENT)
1. Consultant shall obtain and maintain during the performance of any services under this Agreement 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 Consultant, its agents, representatives, employees or subconsultants. a. Commercial General Liability Insurance, including Contractual Liability, 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 CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project 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 liability coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;” c. Professional liability/errors and omissions insurance appropriate to Consultant’s profession to a minimum coverage of $1,000,000, with neither Consultant nor listed subconsultants 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. 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 rights of subrogation which the insurer may have against the City.
2. Consultant shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-A. The certificates and endorsements for each insurance policy are to 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 commencement of services. 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. Consultant 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, 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. Consultant agrees that the commercial general liability and business automobile liability insurance policies shall be endorsed to name City, its City Council, officers, employees, agents and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees, agents and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-A 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 insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
6. The insurer shall declare any deductibles or self-insured retentions to and be 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, 162
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officers, employees and volunteers, or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
7. All insurance standards applicable to Consultant shall also be applicable to Consultant's subconsultants. Consultant agrees to maintain appropriate agreements with subconsultants and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.
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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 commercial general liability and business automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that the Consultant/insurer 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.
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Agreement No. A-8408
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
A GENERAL LIABILITY
[x] COMMERCIAL GENERAL
LIABILITY [ ] 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
[x] ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS GARAGE LIABILITY
COMBINED SINGLE $1,000,000
LIMIT
BODILY INJURY $
(Per person)
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE $
A EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA
FORM
EACH OCCURRENCE $
AGGREGATE $
A WORKERS'
COMPENSATION
AND
EMPLOYERS' LIABILITY
STATUTORY LIMITS
EACH ACCIDENT $1,000,000
DISEASE-POLICY LIMIT $1,000,000
DISEASE-EACH EMPLOYEE $1,000,000
A OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant
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
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Agreement No. A-8408
GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO. ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence 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 in which case only the following specific agreements and permits with the City are covered
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
COMPREHENSIVE GENERAL LIABILITY
OWNERS & CONTRACTORS PROTECTIVE
Claims Made
Retroactive Date
Occurrence
OTHER PROVISIONS
COVERAGES LIABILITY LIMITS IN THOUSANDS $
EACH OCCURRENCE AGGREGATE
GENERAL
PRODUCTS/COMPLETED OPERATIONS
PERSONAL & ADVERTISING INJURY
FIRE DAMAGE
CLAIMS: Underwriter’s representative for claims pursuant to this insurance.
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
Broker/Agent Underwriter
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:
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Agreement No. A-8408
AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO. ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence 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 in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE OTHER PROVISIONS
COMMERCIAL AUTO POLICY
BUSINESS AUTO POLICY
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 endorsement 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 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 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 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
Broker/Agent Underwriter
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
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CITY COUNCIL AGENDA REPORT
APPOINTMENT ITEMS
AGENDA ITEM NO. L.1
DATE: January 18, 2022
TO: City Council
FROM: Alexander Nguyen, City Manager, (805) 385-7430, [email protected] SUBJECT: Federal and State Legislative Update and Approval of Second Amendments to Federal and State Lobbyists Contracts. (20/15/15)
RECOMMENDATION
That the City Council:
1. Approve and authorize the Mayor to execute a Second Amendment with HROD, Inc., John R. O'Donnel (A8049) for federal lobbyist services;
2. Approve and authorize the Mayor to execute a Second Amendment with Michael J. Arnold and Associates, Inc. (A-8050) for State lobbyist services; and
3. Receive and file a report on the City's legislative activity in 2021. (Presentation will be live upon consultant's request.)
BACKGROUND
In coordination with the Office of the City Manager, HROD, Inc., John R. O'Donnell (MMO Partners) and Michael J.
Arnold (Arnold and Associates) have continued to assist the City in developing and implementing effective federal and State advocacy strategies to increase funding opportunities and influence federal and State laws and policies as they relate to City priorities, programs, and operations.
The current agreements with MMO Partners and Arnold and Associates, agreement numbers A-8049 and A-8050, respectively, for lobbying services in Washington, D.C., and Sacramento, were extended on February 16, 2021, by a First Amendment, to January 13, 2024. Among the updates were an increase in both contracts' not-to-exceed amounts and a more focused priority list for each firm to work on during calendar year 2021.
The Second amendment before Council would not change the overall cost or expiration dates of the current agreements but would instead supplement their respective legislative priority areas for calendar year 2022.
MMO Partners
MMO Partners is a full-service government affairs firm with experience lobbying Congress and the executive branch.
Staff at MMO Partners regularly provide legislative reports and representation with federal agencies, departments, and associations, which is critical to ensuring the advancement of the City's items of legislative importance. 2021 Federal Legislative Activity Highlights
Coordinated support letters concerning the Halaco Superfund site to EPA and the City's federal representatives Communication with the U.S. Army Corps of Engineers Los Angeles District on the Santa Clara River Levee-1 168
Wagon Wheel Village Development floodwall design communications with the Federal Emergency Management Agency
American Rescue Plan Act of 2021
A full report of MMO Partners' activities in 2021 is attached to this report.
As part of the February 16, 2021, First Amendment to the MMO Partners agreement, the City directed MMO Partners to seek tangible progress in 2021 in:
1. Fully remediating the Halaco EPA Superfund Site; and
2. Completing the levee system impacting the City
For calendar year 2022, the City is expanding the existing scope of work for MMO Partners through the attached Second Amendment to include the following legislative priority:
1. Channel Islands Harbor Sea Walls
Arnold and Associates
Arnold and Associates is a full-service government affairs firm with experience lobbying State Legislators. Arnold and Associates meet weekly during the legislative session with the League of California Cities representatives and other municipal lobbyists in Sacramento. The firm also provides the City with comprehensive legislative monitoring and reviews all forms of legislation as the bills are introduced and amended. Bills of key interest to the City are forwarded to staff for additional review and analysis. Once a position is determined, staff advises Arnold and Associates, and the firm works to secure results beneficial to the City.
2021 State Legislative Activity Highlights
Reviewed all newly introduced bills and the Governor's proposed budget Attended informational hearings related to housing and COVID-19 Created new 2021 legislative status report
Continuing communications with City staff on the Fox Canyon Groundwater Management Agency board and discussions with legislative representatives
Tracked budget bill passage and provided budget updates, including funding on housing and homelessness Coordinated with new Assemblymember Bennett on issues important to the City Updated the City and coordinated with Senator Limon's office about the budget appropriation of $5 million to the City for a full-service aquatics center in South Oxnard Prepared final legislative status report
A full report of Arnold and Associates' activities in 2021 is attached to this report.
As part of the February 16, 2021, First Amendment to the Arnold and Associates agreement, the City directed Arnold and Associates to seek tangible progress in 2021 in:
1. Fox Canyon Groundwater Management Agency board composition changes; and
2. Advocacy for local governance control.
For calendar year 2022, the City is expanding the existing scope of work for Arnold and Associates through the attached Second Amendment to include the following legislative priorities:
1. Channel Islands Harbor water quality; and
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2. Direct funding to local governments to address the homelessness crisis
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 associated with the approval of the Amendments to the Agreements or receiving the 2021 federal and State legislative updates.
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Adam Smith, Project Manager
ATTACHMENTS
1. Agreement No. A-8049 - MMO Partners
2. First Amendment - MMO Partners
3. Second Amendment - MMO Partners
4. 2021 Legislative Report - MMO Partners
5. MMO Partners Presentation
6. Agreement No. A-8050 - Arnold and Associates
7. First Amendment - Arnold and Associates
8. Second Amendment - Arnold and Associates
9. 2021 Legislative Report - Arnold and Associates
10. Arnold & Associates 1-18-22 Oxnard Presentation
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SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES Agreement No. A-8049
SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES This Second Amendment (“Second Amendment”) to the Agreement for Professional Services (“Agreement”) is made and entered into in the County of Ventura, State of California, this xx day of January, 2022, by and between the City of Oxnard, a municipal corporation (“City”), and HROD, Inc., John R. O’Donnell (“Consultant”). This Second Amendment amends the Agreement entered into on January 3, 2018, by City and Consultant. The Agreement previously has been amended on January 13, 2021, by a First Amendment.
City and Consultant agree as follows:
1. In Section 1 of the Agreement, the Scope of Services exhibit to the Agreement is supplemented with the attached Scope of Services Exhibit A2 attached hereto and incorporated herein by this reference into the Agreement.
2. As so amended, the Agreement remains in full force and effect. [Signatures on next page]
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Agreement No. A-8049
SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.
CITY OF OXNARD HROD, Inc.
John C. Zaragoza, Mayor1 Date John R. O’Donnell, Date
Alexander Nguyen, City Manager Managing Partner
Daniel Willhite, Purchasing Manager
___________, Buyer
________________________ __________
Kyriakos Pagonis, Date
Senior Associate
ATTEST:
Rose Chaparro, City Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:
Stephen M. Fischer, City Date
Attorney (always required)
1 The City Council must authorize and the Mayor must sign the amendment if the original contract and all amendments collectively total over $200,000 annually. The City Manager may authorize and sign the amendment if the original contract and all amendments collectively total over $100,000 but up to $200,000 annually. The Purchasing Manager may authorize and sign the amendment if the original contract and all amendments collectively total up to $100,000 annually. A Buyer may authorize and sign the amendment if the original contract and all amendments collectively total up to $25,000 annually.
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Agreement No. A-8049
SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES EXHIBIT A2
In addition to legislative changes listed in Exhibit A1 of the Agreement, advocate for the following legislative priority in calendar year 2022:
Channel Islands Harbor Sea Walls
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1 January 3, 2021
To: Alex Nguyen, City Manager
From: John O’Donnell, Kyriakos Pagonis, Heather O’Donnell Re: Report on 2021 Oxnard Federal Program Accomplishments Background
In 2021, MMO Partners worked with Oxnard’s Congressional delegation and Biden Administration to secure direct, flexible COVID 19 relief funding for the city. Oxnard received direct funding from the Local Fiscal Recovery Fund appropriated by the American Rescue Plan (P.L.117-2) and is eligible for competitive and formula funding from the Infrastructure Investment and Jobs Act (117-58) and earmarked funding in the FY22 appropriations bill.
The city received $29.5 million in American Rescue Plan (ARPA) funds in May 2021. Oxnard will receive an additional $29.5* million in ARPA Coronavirus Local Fiscal Recovery Funds in May 2022. Under ARPA, the city also received:
$5 million in housing vouchers
$4.9 million in emergency rental assistance, and
$2.8 million in homeless assistance
MMO Partners had success assisting the city address its two priority 2021 federal project issues by working with the California Department of Toxic Substance Control (DTSC) and Environmental Protection Agency (EPA) to complete their analyses of options to remediate the Halaco site and working with the U.S. Army Corps of Engineers include funding in its FY22 budget to improve Santa Clara River Levee-1.
MMO Partners also worked with Congresswoman Brownley and Senators Dianne Feinstein and Padilla in the January to August period to include a Community Project Fund request in FY22 appropriations legislation. Congresswoman Brownley included a $500,000 FY22 appropriation to install a water transmission line in the House FY22 appropriations bill. https://juliabrownley.house.gov/community-project-funding-requests/ *Local government funding provided under the Coronavirus Local Fiscal Recovery Fund is allocated in two tranches. The first 50% was provided in May 2021, and the second 50% is scheduled to be awarded in May 2022. 193
2 Halaco
The City and MMO partners worked with Senator Dianne Feinstein in 2007 to include language in the report to the FY08 appropriations act directing EPA to remove hazardous structures on the Halaco site. This was one of the first steps taken to have the federal government be more proactive in addressing the contamination at the Halaco site. The City’s objective for 2021 was to engage with EPA and California Department of Toxic Substance Control (DTSC) to press them to conclude their remediation studies and provide a preferred alternative for remediating the site. MMO Partners made the city’s Congressional delegation aware of the status of DTSC and EPA’s studies and reported to Congressional staff that the agencies expected to make recommendations by mid-2022 for remediating the site. The Congressional delegation is prepared to work with EPA and Oxnard implement the best approach to remediating the Halaco property.
In September, MMO drafted a letter for the city to send the EPA Region 9 Administrator inquiring about the use of Infrastructure Investment and Job Act (IIJA) funds to assist in remediating the Halaco site. Ms. Deborah Jordan, Acting Region 9 EPA Director, responded to Mayor Zaragoza’s September 7, 2021, letter on October 5, 2021. Ms. Jordan did not address the use of IIJA funds to address the cleanup but said
“… EPA is working to complete (an) investigation into the nature and extent of the Halaco site contamination. As part of that effort, we researched the re-use of site material as a potential component for our final cleanup. This option will be included as part of our Feasibility Study analyzing possible cleanup options. We anticipate completing the investigation and feasibility study reports and proposing a preferred alternative in mid to late 2022.”
In November, EPA Region 9 staff confirmed in a phone call with Oxnard City Manager, Alex Nguyen, the 2022 midyear timeframe for EPA to announce a preferred alternative for remediating the site.
Copies of Mayor Zaragoza’s letter to Ms. Jordan were sent to Congresswoman Brownley, Senator Dianne Feinstein and Senator Alex Padilla. As mentioned previously, MMO Partners has kept the city’s three Congressional delegation offices aware of the ongoing efforts to have EPA and DTSC conclude their analyses of the site contamination and select a preferred remediation plan, which is acceptable to the City of Oxnard. The city made a determined effort during 2021 to build a record of engagement with the agencies and Congressional delegation, which reflects the city’s proactive interest and being a partner in the remediation of the site.
Santa Clara River Levee-1 (SCR-1)
In March, MMO Partners discussed the status of SCR-1 with the City Manager and Public Works Department in a virtual meeting. Following the virtual meeting discussion, MMO spoke with the Ventura County Watershed Protection District officials to better understand funding and programmatic issues related to improving the SCR-1.
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3 MMO contacted the Army Corps of Engineers Los Angeles District in mid-March to inquire about the Corps plan seeking improvements to SCR-1. The Los Angeles District was pleased by the city’s inquiry because it was concurrent with the Corps District office’s proposal to Corps headquarters to fund the development of a project management plan (PMP) for SCR-1 in FY22. The Corps District office mentioned MMO could assist the District by communicating Oxnard’s interest in funding the PMP to the city’s Congressional delegation and request Congresswoman Brownley and Senators Feinstein and Padilla inform the Assistant Secretary of the Army for Civil Works (ASA-CW) of their interest in having SCR-1 PMP funding included in the Corps FY22 work plan.
MMO drafted a letter for the Congresswoman Brownley to send to the Assistant Secretary of the Army for Civil Works requesting FY22 funding for the PMP. The Congresswoman sent a letter to the Assistant Secretary on October 8, 2021, requesting the PMP funding. MMO Partners also drafted a letter for Mayor Zaragoza to send Senators Feinstein and Padilla asking them to also contact ASA-CW to express their support for funding the PMP in the FY22 work plan. MMO followed up with the Senators’ legislative staff in November to ensure the Senators would weigh in with the ASA-CW on the PMP funding.
MMO and city’s Public Works Department maintained contact with Ventura County’s Watershed Protection District during the year to ensure the county was aware of the city’s effort to have the PMP funded in the FY22 work plan. The county is the official nonfederal project sponsor of SCR1.
American Rescue Plan Act of 2021 (ARPA)
Oxnard’s share of direct, flexible COVID-19 local fiscal recovery funds authorized by ARPA is $59.5 million.
The bill provided additional fiscal assistance to Oxnard for the following programs:
A. Emergency Voucher Program - $5 billion
Oxnard Housing Authority Received 46 Emergency Housing Vouchers The Secretary of Treasury is directed to provide emergency rental assistance vouchers under subsection (a), which shall be tenant-based rental assistance under section 8(o). This provision applies to the City if it receives Housing Choice vouchers. (1) incremental emergency vouchers.
(2) renewals of the vouchers;
(3) fees for the costs of administering vouchers under subsection (b) and other eligible expenses defined by notice to prevent, prepare, and respond to coronavirus to facilitate the leasing of the emergency vouchers, such as security deposit assistance and other costs related to retention and support of participating owners; and; 6 (4) adjustments in the calendar year 2021 section 8 renewal funding allocation, including main costs due to extraordinary circumstances or that, despite taking reasonable cost 195
4 savings measures, would otherwise be required to terminate rental assistance for families because of insufficient funding.
Qualifying Families
(A) homeless (as such term is defined in section 103(a) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302(a));
(B) at risk of homelessness (as such term is defined in section 401(1) of the McKinney-Vento Homeless Assistance Act (42 U.S.C.11360(1))); (C) fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or human trafficking; or
(D) recently homeless, as determined by the Secretary, and for whom providing rental assistance will prevent the family’s homelessness or having high risk of housing instability.
Timing and Formula Allocation
The Secretary shall notify public housing agencies of the number of emergency vouchers provided under this section to be allocated to the agency not later than 60 days after the date of the enactment of this Act, in accordance with a formula that includes public housing agency capacity and ensures geographic diversity, including with respect to rural areas, among public housing agencies administering the Housing Choice Voucher program.
B. Homeless Assistance - $5 billion. Oxnard received $2.8 million The American Rescue Plan includes $5 billion to help communities provide supportive services and safe, socially distant housing solutions, including purchase of properties like motels for use as non-congregate shelter, to protect the health of these families and individuals and help control transmission of coronavirus.
Eligible uses of funds include:
(1) Tenant-based rental assistance.
(2) The development and support of affordable housing pursuant to section 212(a) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12742(a)) (‘‘the Act’’ herein).
(3) Supportive services to qualifying individuals or families not already receiving such supportive services, including—
(A) activities listed in section 401(29) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360(29)).
(B) housing counseling; and
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5 (C) homeless prevention services
(4) The acquisition and development of non-congregate shelter units, all or a portion of which may—1.0\
(A) be converted to permanent affordable housing;
(B) be used as emergency shelter under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371-11378);
(C) be converted to permanent housing under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C.11381-11389); or
(D) remain as non-congregate shelter units.
Qualifying individuals or families include:
(1) homeless, as defined in section 103(a) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302(a));
(2) at-risk of homelessness, as defined in section 401(1) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360(1));
(3) fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or human trafficking, as defined by the Secretary;
(4) in other populations where providing supportive services or assistance under section 212(a) of the Act (42 U.S.C. 12742(a)) would prevent the family’s homelessness or would serve those with the greatest risk of housing instability; or
(5) veterans and families that include a veteran family member that meet one of the preceding criteria.
Timing
HUD released ARP HOME allocations on April 8th.
C. Public Transit – Estimated Oxnard Urbanized Area Share is $9,648,997 million ARP provided $26.09 billion to the Federal Transit Administration for grants to urbanized areas. The amount made available for these grants, combined with CARES Act and CRRSAA grants, ensures that urbanized areas receive 132 percent of their transit agencies’ 2018 operating costs.
After making these apportionments, the Secretary of Transportation (Secretary) was directed to distribute excess funds to urbanized areas that did not receive an apportionment under the 132- percent operating cost threshold because they had received a greater percentage under prior COVID-19 § 5307 grants. These urbanized areas shall receive 25 percent of their transit agencies’ 197
6 2018 operating costs. Finally, for agencies that had received CARES Act and CRRSAA grants totaling 130 to 132 percent of operating costs, these urbanized areas receive an additional 10 percent of their transit agencies’ 2018 operating costs.
Timing
FTA released allocations on April 13, 2021.
D. Emergency Rental Assistance – $18.6 billion. $4.9 million for City of Oxnard ARP provided $18.6 billion for additional grants to state and local governments to receive direct allocation for financial assistance to renters experiencing hardship due to the COVID- 19 pandemic — with the aid to be used for rent payments, utility and energy bills, and other housing expenses. The total is $1.4 billion more than the House bill, with the additional funds allocated to high-need states and localities i.e. states and localities that have many low-income renters paying more than 50% of income on rent as well as other adverse rental market and local employment conditions.
Funds may be used to provide 18 months of financial assistance under the same terms as the rental assistance grants authorized under December's covid relief package, with up to 10% of the funds received by a grantee to be used for case management and other supportive services and up to 15% used for administrative costs. Eligible grantees is the same as the December’s covid package.
Timing
Under the measure, 40% of each grant recipient’s allocation must be provided within 60 days of enactment, with subsequent disbursements available only after the recipient has disbursed more than 75% of their initial allocation. After March 31, 2022, HUD could reallocate unallocated funds to states that have met these criteria.
In addition to the direct funding provided to the city, the American Rescue Plan provides funding for other programs that could be leveraged by the city to implement programs including:
A. State Capital Projects Fund- $10 billion
The bill includes Senate language that provides $10 billion for a "Coronavirus Capital Projects Fund" to help states, territories and Tribal governments fund "critical capital projects" that directly enable work, education, and health monitoring (including remote options) in response to the pandemic. In particular, the fund is expected to be used for rural broadband infrastructure.
Under the bill, each state and D.C. would receive $100 million, while the U.S. Territories would split $100 million and Tribal governments and two Native Hawaiian programs splitting another $100 million.
Of the remaining funds, 50% would be allocated to states based on total population, 25% based on the state’s number of rural residents, and 25% based on the number of individuals with household incomes of below 150% of the federal poverty level. 198
7 B. Crisis Intervention – CAHOOTS - $1 billion
The bill includes a provision that would allow state Medicaid programs to cover the costs of community based mobile crisis intervention services for individuals experiencing a mental health or substance use disorder crisis, the FMAP for that medical care would be increased to 85% for the first three years. States would be able to include the services under Medicaid for a total of five years (increasing direct spending by $1.1 billion over 10 years, CBO estimates).
C. Homeowner Assistance - $10 billion
The bill provides $9.96 billion to establish a Homeowner Assistance Fund, which would award grants to state, territory, and tribal agencies to help struggling homeowners.
Grant recipients could use the funds to help in making mortgage payments, as well as to help homeowners pay flood insurance premiums, homeowners’ association fees, utility bills, and other aid needed to prevent eviction, mortgage default, foreclosure, or the loss of essential utility services. Funds could also be used to reimburse state and local governments that have already used their own funds to provide similar assistance since January 2020.
Under the measure, at least $50 million would be allocated to each state, the District of Columbia, and Puerto Rico, with the remaining funding to be allocated based on the number of unemployed individuals and the number of past-due mortgage payments in a state (the House bill originally guaranteed states minimum allocations of $40 million). The measure sets aside $30 million for U.S. territories other than Puerto Rico, and 5% of the total provided is reserved for payments to tribal governments. Funds must be distributed to eligible entities that request payment within 45 days of enactment. If states do not request funds within 45 days of enactment, the department may reallocate funds to other states within 180 days.
State housing finance agencies must allocate at least 60% of funds for homeowners whose incomes are less than the area median income for their household size, with remaining funds to be prioritized to socially disadvantaged individuals.
D. Water Utility Assistance - $500 million
The bill provides $500 million for Secretary of Health and Human Services for grants to States and Indian Tribes to assist low-income households, particularly those with the lowest incomes, that pay a high proportion of household income for drinking water and wastewater services, by providing funds to owners or operators of public water systems or treatment works to reduce arrearages of and rates charged to such households for such services. This funding is in addition to the $638 million provided by the December Covid relief package.
Allocation
The Secretary shall allot amounts appropriated in this section to a State or Indian Tribe based on—
(A) the percentage of households in the State, or under the jurisdiction of the Indian Tribe, with income equal or less than 150 percent of the Federal poverty line; and 199
8 (B) the percentage of households in the State, or under the jurisdiction of the Indian Tribe, that spend more than 30 percent of monthly income on housing.
E. Economic Development - $3 billion
The bill provides $3 billion to the Economic Development Administration for Economic Adjustment Assistance. Of the funds provided by this section, 25 percent shall be for assistance to States and communities that have suffered economic injury because of job and gross domestic product losses in the travel, tourism, or outdoor recreation sectors.
Funds remain available until September 30, 2022. The bill does not stipulate a date by which EDA has to distribute funding. We recommend that the city work with local economic development partners. The City’s EDA regional contact is Mr. Will Marshall [email protected]
F. FIRE Act Grants - $300 million
ARP provides $300 million to Federal Emergency Management Agency for fiscal year 2021, of which $100,000,000 shall be for assistance to firefighter grants and $200,000,000 shall be for staffing for adequate fire and emergency response grants. Funds remain available until September 30, 2025.
G. FTA Additional Assistance - $2.2 billion
ARPA provides $2,207,561,294 for grants to eligible recipients or subrecipients of funds under sections 5307 or 5311of title 49, United States Code, that, because of COVID–19, require additional assistance for costs related to operations, personnel, cleaning, and sanitization combating the spread of pathogens on transit systems, and debt service payments incurred to maintain operations and avoid layoffs and furloughs.
FTA has 180 days to issue Notice of Funding Opportunity. Recipients must provide:
Estimates of financial need;
Data on reductions in farebox or other sources of local revenue for sustained operations; a spending plan for such funds; and
Demonstration of expenditure of greater than 90 percent of funds available to the applicant from funds made available for similar activities in fiscal year 2020.
H. FEMA- $50 billion
$50B to FEMA’s Disaster Relief Fund (reimbursement for activities including vaccination efforts, deployment of the National Guard, providing personal protective equipment for critical public sector employees, and disinfecting activities in public facilities such as schools and courthouses).
I. Paid Sick and Family Leave
The bill extends through Sept. 30, 2021, the refundable payroll tax credits for employers who provide paid sick and family leave to their employees (the credit is currently set to expire on March 31). It also increases from $10,000 to $12,000 per employee the amount of wages an employer may claim in a year.
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9 Grants state and local governments as well as Federal governmental instrumentalities that are tax-exempt 501(c)(1) organizations the ability to access the paid sick time and paid family leave credits under the FFCRA.
J. Child Care - $39 billion
The bill provides $15.0 billion for the Child Care and Development Block Grant (CCDBG) program, which gives states, territories and tribes funding to provide direct financial assistance to lowincome working families and families in job training or taking classes they can access and afford childcare. The grants can also be used to improve the quality of childcare for all children. It also provides $35 million for technical assistance and research, as well as the administrative costs of the program.
It provides $24.0 billion for childcare stabilization grants to states, with funds to then be awarded to qualified childcare providers that are either open or were closed for reasons related to the COVID-19 public health emergency. Grants to childcare providers would be based on operating expenses and could be used to cover personnel expenses, cleaning supplies and personal protective equipment, as well as mental health supports.
Under the measure, childcare providers that receive funds must certify that for the duration of the funding award they will implement coronavirus safety policies in line with guidance from state and local authorities as well as guidance from the Centers for Disease Control and Prevention; will pay full compensation to each employee; will provide relief from copayments and tuition payments for enrolled families; and will prioritize families struggling to make payments.
K. Digital Divide - $7 billion
The bill appropriates $7.2 billion for schools and libraries to buy and distribute Wi-Fi hotspots, modems, routers and other internet devices for students to use off-premises for schoolwork. (The House bill provided $7.6 billion for the program.) It creates an Emergency Connectivity Fund for the monies, which would be managed by the Federal Communications Commission. Funds would remain available through June 30 the year after the current COVID pandemic ends. The agency must provide 100% of the costs associated with eligible equipment and services, if the FCC determines that the costs are reasonable.
FY22 Appropriations – Oxnard Earmark Requests to California Congressional Delegation In late February 2021, the House Appropriations Committee Chair, Congresswoman Rosa DeLauro, announced the committee would accept Community Project Fund requests from House members.
In her announcement, she told House members they would be limited to 10 project earmark requests, could submit earmarks for funding using just 33 federal program accounts and members would have to list project earmark requests on their House office website. 201
10 The Senate Appropriations Committee Chair, Senator Patrick Leahy, announced April 26, 2021, that the Committee would accept Member Designated Projects for the FY22 appropriations bill.
Senator Dianne Feinstein and Senator Alex Padilla set their appropriations earmark request deadlines for May 5 and May 19 respectively. The following are the FY22 earmark requests by the city:
FY22 Appropriations
Project Amount Subcommittee Member
Replacement of Water Transmission $400,000 Interior and Environment Brownley Line - Preliminary engineering State and Tribal Assistance Grant (EPA-STAG)
Full Service Aquatic Center $5 million Transportation-HUD EDI* Feinstein Padilla
Mandalay Bay Seawalls $5 million Homeland Security PDM** Feinstein Padilla
Saviors Road Corridor $5 million Transportation-HUD EDI Feinstein Padilla
Halaco $5 million Transportation-HUD EDI Feinstein
Padilla
Oxnard Arts Academy $1 million Transportation-HUD EDI Feinstein Padilla
*Economic Development Initiative **Pre-Disaster Mitigation Program Congresswoman Brownley was able to include the City’s request for preliminary engineering funding for a water transmission line in the House Appropriations bill. It was one of ten requests she was able to make for FY22 appropriations funding. Once the final FY22 appropriations bill is completed, the city will apply to EPA for the $500,000 to be use toward the installation of 17,500 feet of 45” diameter concrete mortar lined, coated and welded steel pipe to replace the existing concrete cylinder pipe currently exists. The project addresses the potential failure of the existing pipe from seismic activity. The transmission line is the sole connection to the State Water Project water in the region, which provides water to the City of Oxnard, the City of Port Hueneme, Naval Base Ventura County’s two military installations, and the future tie-in for the City of Ventura.
Surface Transportation (Highway & Transit) Earmarks
Congresswoman Julia Brownley’s appropriations deadline was March 31, 2021. She also set March 31st as the deadline for submitting highway earmark requests for the House surface transportation authorization bill. The Senate Environment and Public Works Committee, which has jurisdiction of federal highway legislation, did not make a similar announcement.
Congresswoman Brownley requested a $3 million earmark in the House INVEST Act for U.S. 101/Del Norte Boulevard Interchange. No earmarks were included in the Infrastructure Investment and Jobs Act, which became the surface transportation reauthorization legislation in 2021.
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1 2022 Federal
Legislative Platform
City Council Meeting
January 18, 2022
1 Introduction
About Murray Montgomery O’Donnell (MMO)
Partners Representing local governments in Washington, D.C. for over four decades. MMO partners and associates have over 170 years of combined experience working in and with local, state,
and federal governments. Non-Partisan approach for success Annualized ROI for MMO clients 2 203
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2 Analysis
Purpose for Establishing a Federal Legislative
Platform
• Communicates the City’s federal policy and project priorities to the public, CA Congressional Delegation, Congress and federal agencies. • Provides guidance/direction to City staff and federal representatives regarding City’s federal funding priorities. 3 Oxnard 2021 Federal
Program Priorities
• Local Government COVID-19 Recovery
Assistance
• Halaco Site Remediation
• Santa Clara River Levee-1 Improvements
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3 2021 Highlights
Direct Covid Relief Funding • $59 million for Oxnard ($29.5 million in American Rescue Plan (ARPA) funds in May 2021. Oxnard will receive an
additional $29.5* million in ARPA Coronavirus Local
Fiscal Recovery Funds in May 2022. • $5 million in housing vouchers • $4.9 million in emergency rental assistance, and
• $2.8 million in homeless assistance
• $9.6 million Oxnard Urbanized Area Share
5 2021 Highlights Continued
Halaco Remediation
• IIJA includes $3.5 billion for Superfund remediation
• Mayor Zaragoza letter to EPA Region IX regarding
use of IIJA funding for Halaco
• EPA plans to release Feasibility Plan in mid/late
2022
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4 2021 Highlights Continued
Santa Clara River Levee 1
• Corps District office’s proposal to fund the
development of a project management plan (PMP)
for SCR-1 in FY22. • Congressional Delegation letters prepared and sent to Corps supporting PMP request. • Rep. Brownley sent support letter to Corps on October 8, 2021. • Request pending completion of FY 22
Appropriations process – mid Feb 2022
7 2021 Highlights Continued
FY 22 Appropriations Requests • Water Transmission Line - $500k (Requested by Rep. Brownley and Included in House Interior bill) • Other projects include: Aquatic Center, Halaco, Mandalay Bay Seawalls, Savior Roads Corridor, and
Oxnard Arts Academy) • Pending Congress approval of FY 22 Bill- mid February 8
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5 2021 Highlights Continued
Infrastructure Investment and Jobs Act • Rep. Brownley Requested $3 million 101/Del Norte Boulevard Interchange
• $351 billion for highway programs and $108 billion
for transit formula and competitive programs
• $8b to address western water challenges –
including recycled water • $55 billion for Clean/Drinking Water SRF • $65b for Broadband
9 Proposed Federal Priorities
• Mandalay Bay Seawalls
• Halaco Remediation • SCR 1 Levee
• Infrastructure funding • FY 23 Appropriations
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6 QUESTIONS?
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SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES Agreement No. A-8050
SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES This Second Amendment (“Second Amendment”) to the Agreement for Professional Services (“Agreement”) is made and entered into in the County of Ventura, State of California, this xx day of January, 2022, by and between the City of Oxnard, a municipal corporation (“City”), and Michael J. Arnold (“Consultant”). This Second Amendment amends the Agreement entered into on January 3, 2018, by City and Consultant. The Agreement has previously been amended on January 13, 2021, by a First Amendment.
City and Consultant agree as follows:
1. In Section 1 of the Agreement, the Scope of Services exhibit to the Agreement is supplemented with the attached Scope of Services Exhibit A2 attached hereto and incorporated herein by this reference into the Agreement.
2. As so amended, the Agreement remains in full force and effect. [Signatures on next page]
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Agreement No. A-8050
SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.
CITY OF OXNARD MICHAEL J. ARNOLD AND ASSOCIATES
John C. Zaragoza, Mayor1 Date Michael J. Arnold, President Date Alexander Nguyen, City Manager
Daniel Willhite, Purchasing Manager
___________, Buyer ________________________ ___________ Kristian Foy, Vice President Date
ATTEST:
Rose Chaparro, City Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:
Stephen M. Fischer, City Date
Attorney (always required)
1 The City Council must authorize and the Mayor must sign the amendment if the original contract and all amendments collectively total over $200,000 annually. The City Manager may authorize and sign the amendment if the original contract and all amendments collectively total over $100,000 but up to $200,000 annually. The Purchasing Manager may authorize and sign the amendment if the original contract and all amendments collectively total up to $100,000 annually. A Buyer may authorize and sign the amendment if the original contract and all amendments collectively total up to $25,000 annually.
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Agreement No. A-8050
SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES 3 EXHIBIT A2
In addition to legislative changes listed in Exhibit A1 of the Agreement, advocate for the following legislative priorities in calendar year 2022:
Channel Islands Harbor water quality
Direct funding to local governments to address homeless crisis 229
ATTACHMENT 8
1 CITY OF OXNARD
Arnold and Associates, Inc. - 2021 Legislative Activity Statements ___________________________________________________________________ January 2021 Legislative Activity Statement:
Reviewed all newly introduced bills. Reviewed Governor’s proposed budget. Provided analysis and updates. Monitored the return of the Legislature at the beginning of the month. Attended informational hearings related to housing and COVID-19.
February 2021 Legislative Activity Statement:
Reviewed all newly introduced bills. Bill introduction deadline was February 19. Created new 2021 legislative status report (lsr) and sent it to the City for review. Monitored the discussion and passage of the economic stimulus package – early budget actions. Continued to watch budget hearings and informational hearings regarding homelessness, housing and vaccines.
March 2021 Legislative Activity Statement:
Started tracking bills set for hearing and budget sub-committee hearings. Updated the City on new procedures for the policy committees due to continued corona virus shutdowns and quarantines.
Continue to track Executive Orders and updates regarding the corona virus, county tiers, and vaccines.
Budget updates and updates regarding possible recall election of Governor Newsom.
April 2021 Legislative Activity Statement:
Conference call with Adam Smith, Project Manager for City Manager’s Office and Shiri Klima, Deputy City Manager, regarding City’s 2021 legislative priorities and the Fox Canyon Groundwater Management Agency board composition changes to allow for more local government input by the City of Oxnard.
Discussions with Legislative representatives about priority issues. Continue to update the City on issues related to the COVID-19 crisis. Working with Legislators and city staff for budget funding requests to state.
May 2021 Legislative Activity Statement:
Reviewed all bills amended this month, forwarded copies of relevant amendments, tracked legislation and updated positions as needed. Engaged in discussions with Oxnard legislative delegation staff regarding budget items. Updated information about the May Revision to the state budget. Monitored policy committee hearings and budget deliberations. In-depth discussion with City staff regarding the Fox Canyon Groundwater Management Agency (GMA) governance structure.
June 2021 Legislative Activity Statement:
Reviewed all bills amended this month, forwarded copies of relevant amendments, tracked legislation, and updated positions as needed. Monitored via remote broadcast all budget hearings and legislative hearings. Tracked budget bill passed on June 14th. Sent budget updates. Reviewed funding for homelessness and housing included in the initial budget. Continued to track revisions to the budget and ongoing discussions between the Legislature and the Governor regarding a final budget deal. Coordinated with new Assembly Member Bennett on issues important to the City of Oxnard. 230
ATTACHMENT 8
2 City of Oxnard – 2021 Legislative Activity Statements, Continued:
July 2021 Legislative Activity Statement:
Updated the City about the budget appropriation of $5 million to the City of Oxnard for a full-service aquatics center in South Oxnard. Coordinated with Senator Limon’s office regarding the $5 million appropriation. Reviewed all bills amended this month, forwarded copies of relevant amendments, tracked legislation and updated positions as needed. Monitored final passage of budget trailer bills and implementation of the State Budget.
August 2021 Legislative Activity Statement:
Reviewed all bills amended this month, forwarded copies of relevant amendments, tracked legislation and updated positions as needed. Worked on getting the $5 million appropriation sent to Oxnard. Worked with State Controller’s office on distribution of the money. Monitored bills in both Appropriations Committees. Reviewed bills passed from suspense file to the floor of Senate and Assembly. Meeting with Senator Bennet regarding Fox Canyon Groundwater Management Agency. Conference call with Oxnard staff to discuss legislative fix for 2022.
September 2021 Legislative Activity Statement:
Reviewed all bills currently on the Governor’s desk. Forwarded copies of relevant bills, tracked legislation and updated positions as needed. Reviewed bills as they were chaptered or vetoed by the Governor.
Continued discussions with Senator Bennet’s office and Oxnard staff regarding Groundwater Management Agency. Monitored Informational hearings during legislative recess.
October 2021 Legislative Activity Statement:
Reviewed all bills for Governor’s final action on the bills. Forwarded copies of relevant chaptered and vetoed bills, tracked legislation and updated positions as needed. Prepared final legislative status report that shows final location of all the bills we tracked this year. Sent final LSR to Oxnard. Monitored Informational hearings during legislative recess.
November 2021 Legislative Activity Statement:
Monitored several informational hearings related to education, health, and other issues. Updated the City regarding the projections for the 2022-2023 state budget and fiscal outlook from the Legislative Analyst’s Office. Reviewed all two- year bills. Prepared for the January 3rd start of the second half of the two-year legislative session.
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1 City of Oxnard
Sacramento Update
January 18, 2022 California Legislative Advocates Sacramento Update Arnold & Associates Michael Arnold
Legislative Advocate
Kristi Arnold Foy
Legislative Advocate
& Legal Counsel 2
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2 Recap of Last Year
First year of the 2021-2022 Session
COVID-19
2020 State budget deficit = -$54 B
2021 State budget surplus = +$100 B
Governor Newsom Recall Election 3 How We Work
Review every bill introduced and amended
Track bills important to Oxnard
Testify in committees on key bills – remote
Work with coalition partners
The League of California Cities…
Monitor state agencies/boards 4
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3 Very Modified Session
• Limited number of bills allowed to move • Committee hearings consolidated • Remote testimony with limited access to
the Capitol 5 End of Session
• Session ended Friday September
10th
• End was very quiet and calm not
like last year that was chaotic and
crazy
• Recall election was September 14th
• Governor had until October 10th to
take final action on bills 6
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4 2021 Key Bills
Tracked over 96 bills
Key Issues: • Economic stimulus package
• Homelessness
• Housing
• Vaccines
• Brown Act – remote meetings 7 Budget Appropriation
City of Oxnard was awarded $5
million for a full-service aquatics
center in South Oxnard.
Coordinated with Senator Limon’s
office regarding the grant money. 8
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5 Other bills
See the legislative status report (LSR),
chaptered bill report, veto report
To get more details click the bill links on
the LSR
LSRs are updated on a daily basis 9
2022 Legislative Year • Legislature returned January 3rd • Second year of 2-year session
• January will be fast start with
hearings for 2-year bills
• New bills will be introduced
• January 10 - Governor Newsom will
release his proposed budget 10
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6 Key Issues for 2022
• Multibillion-dollar budget surplus
• COVID vaccine mandates / testing
requirements
• Crime
• Housing
• Climate change
• Unemployment insurance fund
• Homelessness 11
2022 Elections
• June 2022 Primary – November 2022 Governor
Election
• Redistricting from the 2020 census numbers
• CA lost population – lost 1 congressional seat • Redistricting Commission –new maps for next 10 years
• December – maps finalized
• Initial filling for 2022 Primary election has
started 12
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7 Legislative Structure
Two houses – Assembly (80) and Senate (40) 13 Term Limits 12 years total
Six 2-year terms in Assembly
Three 4-year terms in Senate
Or any combination of that to
equal 12 years
Governor – Two 4-year terms14
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8 Oxnard Representation
Assembly District - Incumbents
37 – Steve Bennett (D) 2032
44 – Jacqui Irwin (D) 2026
New = AD 38 15 Oxnard Representation
Senate District Incumbent
even seats up this year
SD19 – Monique Limon (D)
2028
New = SD 21 (2024 election) 16
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9 Tools to Stay Updated
State site -
www.leginfo.legislature.ca.gov - look
up bills, research laws, find your
legislator
Legislative Analyst Office -
www.lao.ca.gov
Secretary of State- www.sos.ca.gov –
ballot initiatives 17 Thank You
Arnold and Associates
Legislative Advocates and Consultants
(916) 446-2646 ◊ Fax: (916) 446-6095
1127 11th Street, Suite 820,
Sacramento, CA 95814
Michael Arnold – [email protected]
Kristi Arnold Foy – [email protected]
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CITY COUNCIL AGENDA REPORT
PUBLIC HEARINGS
AGENDA ITEM NO. M.1
DATE: January 18, 2022
TO: City Council
FROM: Vyto Adomaitis, Community Development Director, (805) 385-7882, [email protected] SUBJECT: A request approval of a General Plan Amendment to change the 2030 General Plan land use designation of a 7.61-acre site located along the south side of Fifth Street at the intersection of Portofino Place (south of the Oxnard Airport) (APNs: 185-0-221-025, 185-0-221-265, and 185-0-223-015) from Business Research Park (BRP) to Residential Medium (RM) (PZ 20-620-02), a Zone Change from Business Research Park to Multiple-Family (R-2) (PZ 20-570-02), and a Tentative Subdivision Map (Tract No. 6064) for condominium purposes (PZ 20-300-02) to allow for the construction of 90, two-story condominium dwelling units and associated site improvements; adoption of an Addendum to the previously adopted Mitigated Negative Declaration; and approval of an Affordable Housing Agreement. (0/10/10)
RECOMMENDATION
That the City Council:
1. Conduct a public hearing; and
2. Adopt a resolution adopting an Addendum to the previously adopted Mitigated Negative Declaration (MND) 2004-11; and
3. Adopt a resolution approving Planning and Zoning Permit No. 20-620-02 (General Plan Amendment) to change the land use designation of the project site from Business Research Park (BRP) to Residential Medium (RM), and
4. Introduce an Ordinance for first reading (by title only, waiving further reading), approving Planning and Zoning Permit No. 20-570-02 (Zone Change) to change the zoning of the project site from Business Research Park to Multiple-Family (R-2), and
5. Adopt a resolution approving Planning and Zoning Permit No. 20-300-02 (Tentative Subdivision Map for Tract No. 6064), subject to certain findings and conditions, and
6. Approve an Affordable Housing Agreement.
(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/daAoe1o_Ffo
BACKGROUND
EXECUTIVE SUMMARY
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The City Council is being asked to approve a General Plan Amendment to change the 2030 General Plan land use designation of a 7.61-acre site located along the south side of Fifth Street at the intersection of Portofino Place (south of the Oxnard Airport) (APNs: 185-0-221-025, 185-0-221-265, and 185-0-223-015) from Business Research Park (BRP) to Residential Medium (RM) (PZ 20-620-02), a Zone Change to change the zoning of the project site from Business Research Park to Multiple-Family (R-2) (PZ 20-570-02), and a Tentative Subdivision Map (Tract No. 6064) for condominium purposes and to combine three existing lots into two lots (PZ 20-300-02). Approval of these requests would allow for the construction of 90, two-story condominium dwelling units with attached 2-car garages, 222 total visitor parking spaces, a common swimming pool and playground, 3,281 square-foot recreation building, entry gates and perimeter walls, private roads, detention basins, landscaping and associated site improvements approved by the Planning Commission with Special Use Permit (PZ 19-500-04), subject to the City Council approving the the General Plan Amendment, Zone Change and Tentative Subdivision Map.
BACKGROUND
Prior to 2004, the 17-acre project site had a 2020 General Land Use designation of Business Research Park (BRP) and was zoned BRP. Attachment A includes a regional location and vicinity map, an aerial photo of the project site and surrounding area, and an Oxnard General Plan and zoning designation map. In 2004, the Council approved a General Plan Amendment and Zone Change to designate 7.885 acres of the 17-acre project site as residential. At that time, just south of the subject site, Council approved a Tentative Subdivision Map and Special Use Permit for the construction of a 41 single-family residential subdivision. Based on the 2004 project approval, the 2020 General Plan land use designation and zoning for the remaining 7.61 acres was to be changed to Commercial General and General Commercial (C-2) through a separate General Plan Amendment and Zone Change application, but the applicant did not proceed with the application and it remained BRP.
On March 19, 2019, a Pre-Application (PZ 18-600-02) was presented to the City Council requesting that the City Council review and provide preliminary comments on:
A Pre-Application to construct a 90-unit residential project, inclusive of an office/gym/pool building; associated parking spaces; and children’s play area; and
The applicant’s request to pay the City’s affordable housing in-lieu fee instead of constructing the affordable housing units onsite.
At the meeting, the majority of the City Council members generally found the residential project to be acceptable at the site. However, the majority of discussion centered on the affordable housing in-lieu fee request. The City Council collectively commented that the fees were too low and residential projects should include affordable housing units onsite given the affordable housing in-lieu fee. The City Council had not previously supported developers' request to pay the affordable housing in-lieu fees based on the lower affordable housing in-lieu fee payments, and instead, the City Council directed applicants to construct the affordable units onsite.
On November 18, 2021, the Planning Commission conducted a public hearing to review the proposed Project. The Planning Commission voted 6:1 to approve the Special Use Permit (Attachment B) for the development of the 90 condominium units and associated improvements, subject to the City Council approving the the General Plan Amendment, Zone Change and Tentative Subdivision Map, and recommended that the City Council adopt the Addendum No. 1 to the previously adopted Mitigated Negative Declaration (MND) 2004-11 (Attachment C), and approve the General Plan Amendment (Attachment D), Zone Change (Attachment E) and Tentative Subdivision Map (Attachment F).
At the public hearing, four members of the public spoke before the Planning Commission stating that the proposed Project should be required to install a traffic light at the intersection of Fifth Street and Portofino Place. Staff from the Traffic and Transportation Division attended the meeting and indicated that it was not anticipated that the additional traffic generated by the Project will require an upgrade of traffic control at the intersection of Fifth Street and Portofino Place. The November 18, 2021, Planning Commission Staff Report is attached to this staff report as Attachment G.
With the Planning Commission’s approval of the project on November 18, 2021, the items before the City Council are the General Plan Amendment, Zone Change, Tentative Subdivision Map Tract No. 6064, and Affordable Housing Agreement.
DISCUSSION
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Project Description
The project includes a General Plan Amendment request to change the 2030 General Plan land use designation of the project site from Business Research Park (BRP) to Residential Medium (RM) (PZ 20-620-02), a Zone Change to change the zoning of the project site from Business Research Park to Multiple-Family (R-2) (PZ 20-570-02), a Tentative Subdivision Map (Tract No. 6064) for condominium purposes and to combine three existing lots into two lots (PZ 20- 300-02), and an Affordable Housing Agreement. Please see the reduced Project plans (Attachment H) for more details.
Existing & Surrounding Land Uses
The Project area is a rectangular 7.61-acre, flat site that is bisected by Portofino Place. The western half of the Project site has a land area of approximately 4.88 acres and the easterly half has a land area of 2.73 acres and both sections are vacant and undeveloped. The Project site is surrounded by Fifth Street and industrial uses to the north of the Project site. The Oxnard Airport is located immediately to the north of industrial land use. Juan Lagunas Soria Elementary School is located to the east of the Project site. A recently constructed car wash business is located to the west of the Project site. The Project site is surrounded immediately to the south by a 41 single-family residential subdivision and a 101 multiple-family subdivision.
Oxnard Airport
As detailed in the Final MND 2004-11, the modified project site is located in the Oxnard Airport Sphere of Influence, which limits the structural coverage to 25 percent. The proposed project is designed to not exceed the 25 percent allowable site coverage. Additionally, the modified project would be required to implement Mitigation Measures G-2 and K-1 of the Addendum MND 2004-11 to avoid conflicts with airport compatibility requirements by providing necessary buffers as well as filing with and undergoing review by the Federal Aviation Administration. The modified project would also be required to comply with all zoning, land use, and development regulations applicable to the project site. With implementation of Mitigation Measures G-2 and K-1 from the 2004 MND and compliance with applicable regulations, the modified project would not result in new or substantially more severe impacts associated with applicable land use, habitat conservation, or natural community conservation plans, or dividing an established community. As such, no additional mitigation measures would be required for the proposed project. 2030 General Plan and Zone Ordinance Consistency
The City’s 2030 General Plan land use designation for the project site is BRP. A General Plan Amendment (GPA) is proposed to change the land use designation from BRP to Residential Medium. A corresponding Zone Change is also proposed to change the zoning from Business Research Park to Multiple-Family (R-2). The proposed GPA to Residential Medium and corresponding Zone Change will allow the property to be developed with the proposed 90-unit condominium project (with a density of 12 units per acre), which is allowable under the R-2 development standards on approval of a Special Use Permit (OCC Section 16-42). With approval of the Zone Change to R-2 zone (MultipleFamily), the project would be consistent with the amended 2030 General Plan land use map and land use designations and standards (Goals and Policies, Sections 3.3 and 3.5). West Fifth Street at this location is a designated scenic corridor which requires a landscaped buffer of at least 30 feet in accordance with 2030 General Plan Policy CD-9.4 (View Corridor Preservation). The project has been designed to include a 30-foot landscape buffer along the entirety of the West Fifth Street frontage. The project’s consistency review with 2030 General Plan policies is included as Attachment I and finds the project consistent with General Plan policies. A complete zoning conformance analysis is provided as Attachment J.
In addition to the R-2 development standards, City Council Resolution No. 7658 provides advisory standards that are intended to encourage amenities that enhance the livability of condominiums but are not mandatory (Attachment K).
OCC Chapter 16, Division 2 outlines development standards for attached dwelling units for any new attached multifamily residential project of six or more units. The attached dwelling unit development standards are required for structures that contain six or more units. The project proposes 45 duplex structures for a total of 90 residential units under a condominium map. As such, the attached dwelling unit development standards do not apply to this project because there are no proposed structures that contain six or more units. The project is designed to meet the R-2 development standards and meets all but one (required dimensions for private patios) of the advisory standards identified within City Council Resolution No. 7658. A complete City Council Resolution No. 7658 Consistency Table analysis is provided as 243
Attachment L.
Tentative Subdivision Map
Tentative Map No. 6064 is requested for subdividing the existing 7.61 project site (three parcels) for condominium purposes into two lots. Lot 1 will be improved with 60 units, gated entry, swimming pool and playground area, parking and associated site improvements. Lot 2 will be improved with 30 units, gated entry, recreational building, parking and associated site improvements. Even though the subdivision is bisected by Portofino Place, tract conditions as outlined in the Project approval documents will be applied to both lots as one entity and the subdivision will be governed by a single homeowner’s association. Residents will have access to both lots and enjoy amenities offered throughout the project site.
The proposed subdivision is consistent with the Subdivision Map Act, City Code Chapters 15 (Subdivisions) and 16 (Zoning Ordinance). The R-2 zoning and 2030 General Plan allow one unit per 3,500 square feet, which equates to 94 dwelling units on the property, specifically, multi-family units. The proposed subdivision, inclusive of the 90 condominium units, swimming pool and playground, recreational building, property/private walls, 7-foot entry gates, landscaping, parking, sidewalks are consistent with the policies and provisions of the 2030 General Plan because the proposed land use, and density of the project is of a multi-family use, which is an allowed use pursuant to the Residential Medium land use designation identified in the 2030 General Plan.
Circulation and Parking
Access to the proposed project will be primarily from driveways established from Portofino Place off of Fifth Street. Two additional driveways will be created on Fifth Street but will be gated and controlled to the right turn in and out with emergency access only. Fifth Street westbound traffic would utilize the existing dedicated left turn pocket to access Portofino Place. Eastbound traffic on Fifth Street will be able to access the project site.
Based upon trip generation estimates from the Institute of Traffic Engineers (ITE), the proposed 90 dwelling units of the project may generate approximately 665 vehicles a day with 51 AM and 62 PM vehicles respectively. The total exiting AM and entering PM vehicles during these peak hours are approximately 40 vehicles, resulting in less than 1 vehicle per minute average. The addition of these vehicles throughout the day and during the peak periods is not anticipated to exacerbate current conditions at the primary access intersection of 5th Street and Portofino Place. Additional access to/from the project site will be accommodated through access to the south of the project and distribution of project traffic along Dunkirk to other signalized access points on Patterson Road. It is not anticipated that the additional project traffic added to Portofino Place will require upgrade of traffic control at the intersection with 5th Street.
Since the adoption of the 2004 MND, the CEQA statute and guidelines have been revised to require evaluation of impacts on the local transportation and circulation system on the basis of vehicle miles traveled (VMT). The City of Oxnard has not adopted any specific significant thresholds related to VMT. The total VMT associated with commercial development under the original project as well as the residential development under the modified project was estimated using CalEEMod. Based on the CalEEMod analysis, the commercial development under the original project would result in annual VMT of 5,172,230. The modified project would result in a substantially reduced annual VMT of 1,812,497, or an average daily VMT of 4,966 (annual VMT divided by 365 days per year). The close proximity to schools and retail businesses promotes shorter trip lengths for vehicles because of the infill nature of the proposed project.
Therefore, the modified project would result in a net overall decrease in VMT rather than development of the project site under the Dunkirk Drive, Tract Number 5640 Project, resulting in a less than significant transportation impact. Therefore, the proposed project would not create a new significant transportation impact related to VMT that is not identified in the 2004 MND. The 2004 MND does not include any mitigation measures for potential impacts related to increases in VMT, and no such measures are required for the modified project.
Each residential unit is designed with an attached 2-car garage on the ground floor. Each unit will have two parking spaces on the driveway, since parking on private streets will not be allowed. The project is required to provide 60 parking spaces; however, the project will provide 222 visitor parking spaces.
Affordable Housing
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The project is subject to the City’s inclusionary Ordinance No. 2980 that requires a project with 10 or more residential units to set aside 10 percent of the units as affordable to low income households as defined in California Health and Safety Code Section 50079.5. The Project complies with this requirement by designating 9 units (10% of 90 units) distributed throughout the project as low income, affordable. The project has been conditioned to offer three (3) threebedroom units and two (2) two-bedroom units for rent or sale to households with annual incomes at or below fifty percent (50%) of AMI for Ventura County. Additionally, two (2) two-bedroom units and two (2) three-bedroom units must be offered for rent or sale to households with annual incomes at or below eighty percent (80%) AMI for Ventura County.
Prior to offering the Affordable Units for rent, the Developer and Owner must submit to the Housing Director the proposed rental amounts for the affordable rental units for review and approval.
Affordable Housing Agreement
The City’s Inclusionary Housing Ordinance has two sets of requirements for rental and for sale projects. The project is proposing a Tentative Subdivision Map for the purposes of a condominium map where the developer will retain sole ownership of the development and will offer the units for rent. Since the development is seeking a Tentative Subdivision Map for the purposes of a condominium project, the existing project is required to provide the required number of affordable units based on a for-sale project even though the developer intends to operate the project as a for-rent development. City staff (City Attorney, Housing and Community Development) and the developer negotiated a tentative agreement (subject to City Council approval) in order to create a specific mechanism for the developer or successor to comply with the City’s Inclusionary Housing Ordinance. The agreement outlines specific steps to be followed before the developer sells one or more of the parcels of the project to a third party. The agreement intends to protect future tenants and creates an orderly process that ensures that the affordable units are offered to the families the units are intended to shelter, whether it is a rental or for-sale unit. The agreement is included in the staff report as Attachment M.
Public Input
This Project is located within the Sea View Estates Neighborhood. The applicant mailed notices of the Community Workshop meeting to all property owners within the Sea View Estates Neighborhood, and the project was presented at the April 20, 2020 Community Workshop. Members of the public raised questions regarding the installation of a traffic signal at the intersection of Portofino Place and Fifth Street, airport compatibility, traffic gridlock during school hours, new traffic traveling along Dunkirk Drive and adequate parking. The majority of the Community Workshop participants felt the project was adequate at the site, but were concerned about the potential impact this project might have on existing traffic conditions. Staff received a petition critical of the project from a member of the community. The petition is provided in Attachment N. Additionally, the Project was reviewed by the Planning Commission on November 18, 2021.
Seven members of the public participated in the public hearing, and again raised questions regarding the installation of a traffic signal at the intersection of Portofino Place and Fifth Street, grading difference between the project and one specific property, solar panel requirements, traffic gridlock during school hours, new traffic traveling along Dunkirk Drive and adequate parking.
ENVIRONMENTAL REVIEW
In 2004, an MND (No. 04-11) was prepared to evaluate the 2004 Dunkirk Drive Project which consisted of commercial development on a 7.6-acre portion of the project site as well as residential development on an adjacent 10-acre property to the south of the site (“original project”). The Initial Study and Mitigated Negative Declaration (MND 2004-11) from 2004 determined that the project would not have a significant impact if the mitigation measures described in the MND were incorporated into the project.
An environmental consultant, under the supervision of Planning Division staff, has prepared Addendum No. 1 to the approved Final MND 2004-11 to evaluate potential environmental impacts of the proposed Project (see Attachments O and P). The Addendum reviews the potential impacts on the sixteen environmental issues studied in the previously adopted IS/MND. The Addendum compares the environmental effects of the current proposed project to the effects of the project approved in 2004. Addendum No. 1 to the Final MND 2004-11 was prepared pursuant to the requirements of the California Environmental Quality Act (CEQA, Public resources Code § 21000, et seq.), the regulations promulgated thereunder (14 California Code of Regulations, §15000, et seq., CEQA Guidelines), and the City’s Environmental Review Guidelines. The City of Oxnard is the Lead Agency. Addendum No. 1 is appropriate pursuant to CEQA Guidelines § 15164 since only minor changes and additions to Final MND 2004-11 are necessary to address the Project 245
changes and no circumstances exist calling for the preparation of an additional CEQA document pursuant to CEQA Guidelines § 15162 and 15163.
Section 15164(d) (“Addendum to an EIR or Negative Declaration”) of the CEQA Guidelines states: “The decisionmaking body shall consider the addendum to the final EIR or adopt a negative declaration prior to making a decision on the project”. The Final MND 2004-11, as updated by, and inclusive of, the Addendum, concludes that the proposed project would not create any new significant impacts or increase the severity of impacts beyond those identified in the previously adopted Final MND 2004-11. Consistent with State Law, Addendum No. 1 does not require public circulation because it does not provide significant new information that changes the Final MND 2004-11 in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the Project or a feasible way to mitigate or avoid such an effect.
All mitigation measures included in the adopted Final MND 2004-11 and Addendum No. 1 have been included as conditions of approval in the project Resolutions.
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 General Plan Amendment, Zone Change, Tentative Subdivision Map Tract No. 6064, and Affordable Housing Agreement 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 90 residential condominium units will generate property taxes to the City.
COMMITTEE OUTCOME
This project did not originate in one of the City Council Committees. This is a Public Hearing and was heard by the Planning Commission on November 18, 2021; therefore, this item did not originate in Committee. The Planning Commission took action and adopted Resolution Nos. 2021-40 through 2021-44 recommending that the City Council approve the Project, subject to certain findings and conditions.
Prepared by: Isidro Figueroa, Principal Planner
ATTACHMENTS
1. Attachment A -Vicinity, General Plan, and Zoning Maps and Aerial Photo
2. Attachment B _ Planning Commission Resolution 2021-44 (Special Use Permit)
3. Attachment C _ Planning Commission Resolution 2021-40 (Addendum to Final MND 2004-11)
4. Attachment D _ Planning Commission Resolution 2021-41 (General Plan Amendment)
5. Attachment E _ Planning Commission Resolution 2021-42 (Zone Change)
6. Attachment F _ Planning Commission Resolution 2021-43 (Tentative Subdivision Map)
7. Attachment G _ Planning Commission Staff Report_ 11.18.21
8. Attachment H _ Reduced Tentative Subdivision Map No. 6064, and Project Renderings (2)
9. Attachment I -General Plan Consistency Analysis
10. Attachment J - Zoning Compliance Table
11. Attachment K-City Council Resolution No. 7658
12. Attachment L _ City Council Resolution No. 7658 Consistency Table
13. Attachment M _ Draft Affordable Housing Agreement (2)
14. Attachment N-Petition Received
15. Attachment O-Addendum No. 1 to Final MND 2004-11
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16. Attachment P-Final MND 2004-11
17. Attachment Q-Resolution 2021-XX (Addendum to Final MND 2004-11)
18. Attachment R-Resolution 2021-XX (General Plan Amendment)
19. Attachment S _ Zone Change Ordinance (1)
20. Attachment T-Resolution 2021-XX (Tentative Subdivision Map)
21. Attachment U _ Presentation _ Portofino (1)
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PLANNING COMMISSION
STAFF REPORT
TO: Planning Commission
FROM: Isidro Figueroa, Principal Planner
DATE: November 18, 2021
SUBJECT: Project Name: Portofino Place; PLANNING AND ZONING (PZ) PERMIT 19-500-04 a request for a Special Use Permit for the construction of 90, two-story condominium dwelling units and associated site improvements on a 7.61-acre site located along the south side of Fifth Street at the intersection of Portofino Place (south of the Oxnard Airport) (APNs: 185-0-221-025, 185-0-221-265, and 185-0-223-015); a General Plan Amendment to change the land use designation from Business Research Park (BRP) to Residential Medium (RM) (PZ 20-620-02); a Zone Change from Business Research Park to Multiple-Family (R-2) (PZ 20-570-02), and a Tentative Subdivision Map (Tract No. 6064) for condominium purposes (PZ 20-300-02).
1) Recommendation: That the Planning Commission (“Commission”):
a) Adopt Resolution 2021-XX recommending that the City Council adopt an Addendum to previously adopted Mitigated Negative Declaration (MND) 2004-11; and b) Adopt Resolution 2021-XX recommending that the City Council approve Planning and Zoning Permit No. 20-620-02 (General Plan Amendment) to change the land use designation of the project site from Business Research Park (BRP) to Residential Medium (RM), and
c) Adopt Resolution 2021-XX recommending that the City Council approve Planning and Zoning Permit No. 20-570-02 (Zone Change) to change the zoning of the project site from Business Research Park to Multiple-Family (R-2), and d) Adopt Resolution 2021-XX recommending that the City Council approve Planning and Zoning Permit No. 20-300-02 (Tentative Subdivision Map for Tract No. 6064), subject to certain findings and conditions, and
e) Adopt Resolution 2021-XX Approving Planning and Zoning Permit No. 19-500-04 (Special Use Permit – Residential), subject to certain findings and conditions. 2) Project Description and Applicant: A request for a Special Use Permit (PZ 19-500-04) for the construction of 90, two-story condominium dwelling units with attached 2-car garages, 222 total visitor parking spaces, a common swimming pool and playground, 3,281 square-foot recreation building, entry gates and perimeter walls, private roads, detention basins, landscaping and associated site improvements on a 7.61-acre site located along the south side of Fifth Street at the intersection of Portofino Place (south of the Oxnard Airport) 340
Portofino Place; PZ Nos. 19-500-04 (SUP); 20-300-02 (TSM); 20-570-02 (ZC); 20-620-02 (GPA) Planning Commission Hearing Date: November 18, 2021