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
February 15, 2022
Closed Session - 4:30 PM
Appointment Items - 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: 837 9928 3170
3. Passcode: 132239
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.
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY February 15, 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 LEGAL COUNSEL — EXISTING LITIGATION (Government Code Section 54956.9(d)(1))
Name of case: Ventura County Fire Protection District; et al. v. Santa Clara Waste Water Company; et al.
Ventura County Superior Court, Case No. 56-2016-00484523-CU-PO-VTA Legislative Body: City Council
2. CONFERENCE WITH LABOR NEGOTIATORS (Government Code section 54957.6) Agency designated representatives: Alex Nguyen, City Manager, Steve Naveau, Director of Human Resources; and Jennie Kelly, Assistant City Attorney.
Employee organization: Service Employees International Union CTW, CLC, Local 721 (SEIU Local 721); International Union of Operating Engineers AFL-CIO, Local No. 501 (IUOE Local 501); International Association of Firefighters, AFL-CIO (IAFF), Local No. 1684; Oxnard Public Safety Managers Association (OPSMA); Oxnard Peace Officers Association (OPOA); Oxnard Mid-Managers’ Association; (OMMA); and unrepresented employees: City Manager; City Attorney; Assistant City Manager; Chief Financial Officer; City Clerk; Assistant City Treasurer/Director of Revenue and Licensing; Deputy City Manager; Community Development Director; Fire Chief; Housing Director; Human Resources Director; I.T. Director; Cultural and Community Services Director; Police Chief; Public Works Director (Department Directors); Chief Assistant City Attorney; Assistant City Attorney; Deputy City Attorney.
Legislative Body: City Council
D. APPOINTMENT ITEMS (5:00 PM)
1. City Manager Department
SUBJECT: Update on Trauma Center Hospital Designation.
RECOMMENDATION: That the City Council receive a verbal presentation from Ventura County Medical Center / Santa Paula Hospital, CEO Dr. John Fankhauser and Trauma Director, Dr.
Thomas Duncan, on Trauma Center Hospital Designation.
Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY February 15, 2022 PAGE 3
E. OPENING CEREMONIES (6:00 PM)
Pledge of allegiance to the flag of the United States.
F. CEREMONIAL ITEMS
1. Cultural & Community Services Department
SUBJECT: Presentation of a Resolution Commending Debbie Estrada for over 20 Years of Service to the City of Oxnard.
RECOMMENDATION: That the City Council adopt a resolution commending Debbie Estrada for over Twenty Years of Service to the City of Oxnard's Recreation Division of the Cultural and Community Services Department.
Legislative Body: City Council
Contact: Terrel Harrison, (805) 385-7994
G. 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.
H. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
The City Manager/Executive Director/Secretary shall report on items of interest to the legislative body occurring since the last meeting. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion.
1. City Manager Department
SUBJECT: COVID-19 Update from Director of Emergency Services. (10/5/5) RECOMMENDATION: That the City Council:
1. Receive and file an update from the Director of Emergency Services on the COVID19 Local Emergency.
Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430
I. 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.
J. REVIEW OF INFORMATION/CONSENT AGENDA
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY February 15, 2022 PAGE 4
The members of the legislative body will consider whether to remove Information/Consent Agenda items for discussion later during the meeting.
K. 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.
L. INFORMATION/CONSENT AGENDA
1. City Clerk Department
SUBJECT: Approval of Minutes.
RECOMMENDATION: That the City Council approve the minutes of the January 18, 2022 regular meeting and the January 22, 2022 special meeting as presented.
Legislative Body: City Council
Contact: Rose Chaparro, (805) 385-7805
2. Information Technology Department
SUBJECT: Insight Public Sector Inc.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a blanket purchase order for an amount not to exceed $770,000 with Insight Public Sector, Inc. over a two-year period for information technology infrastructure. (Finance and Governance Committee approved 3-0)
Legislative Body: City Council
Contact: Helen Miller, (805)385-7446
3. Public Works Department
SUBJECT: Agreement A-8428 with Blackpointe Group Construction & Management Inc., for Catch Basin Cleaning Services.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute Agreement A-8428 with Blackpointe Group Construction & Management Inc. (Blackpointe), in the amount not to exceed $900,000 for a three-year term ending February 15, 2025, for catch basin cleaning services.
(Public Works and Transportation Committee approved 3-0) Contact: Michael Wolfe, (805) 385-8055
4. Fire Department
SUBJECT: SAFER Grant Application - no match required.
RECOMMENDATION: That City Council adopts a resolution:
1. Ratifying the submission of a grant application for the Federal Emergency Management Agency (FEMA) FY2021 Staffing for Adequate Fire and Emergency Response (SAFER) Grant in the amount of $2,192,342 to be used for the hiring of six additional firefighters, no local match is required;
2. That authorizes the City Manager or designee to execute the grant agreement if grant 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 during FY2022-2023 for the use of grant 4 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY February 15, 2022 PAGE 5
funds and perform all other required financial actions; and
4. That authorizes the Fire Chief or designee to submit non-financial reports.
Legislative Body: City Council
Contact: Alexander Hamilton, (805) 385-7700
M. PUBLIC HEARINGS
1. Community Development Department
SUBJECT: TD Enterprise LLC dba Oxnard Holistics - Commercial Cannabis Business Retail Special Use Permit (SUP). (10/15/15)
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 a Resolution Approving the Appeal and overturning the Planning Commission’s Denial of Planning and Zoning Permit No. 21-516-24 (Special Use Permit- Cannabis Retail), subject to certain conditions and findings.
(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/3dkfbwFzAE0
Legislative Body: City Council
Contact: Vyto Adomaitis, (805) 385-7882
2. Community Development Department
SUBJECT: Vineyard Starbucks Site Renovations Appeal. (10/15/15) RECOMMENDATION: That the City Council:
1. Conduct a public hearing:
2. Find the Project to be Statutorily Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15270 (“Projects Which are Disapproved”); and
3. Adopt a Resolution denying the Appeal and upholding the Planning Commission’s Denial of Planning and Zoning Permit No. 21-550-01 (Major Modification to U-916 (Special Use Permit)), because the record does not contain the evidence necessary to make all of the Findings required by Oxnard City Code Section 16-531 in order to grant a Special Use Permit. (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/axNLuO3Q8G0
Legislative Body: City Council
Contact: Vyto Adomaitis, (805) 385-7882
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY February 15, 2022 PAGE 6
N. REPORTS
1. Finance Department
SUBJECT: FY 20-21 Annual Comprehensive Financial Report and Summary Presentation. (15/15/10)
RECOMMENDATION: That City Council receive the Fiscal Year 2020-21 Annual Comprehensive Financial Report (ACFR) and summary presentation from the City's external financial auditors, Eadie + Payne, LLP.
(Finance and Governance Committee approved 2-0)
(Presentation will be live upon consultant's request).
Legislative Body: City Council
Contact: Betsy George, 805-200-5400
2. City Manager Department
SUBJECT: Update on Status and Accomplishments of Current Measure O Projects and Opening the Conversation regarding the Weaning Schedule. (0/10/10) RECOMMENDATION: That the City Council:
1. Receive and file the annual update; and
2. Open the conversation regarding the Measure O weaning schedule.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/6C11bCPNPN0
Legislative Body: City Council
Contact: Shiri Klima, (805) 385-7487
3. Cultural & Community Services Department
SUBJECT: Amendment to an Agreement with the Oxnard School District (A-8318) for the Operations of the After School Education and Safety Grant (ASES) to increase the total value of the agreement by $5,030,000 bringing the total agreement amount to $2,950,000 in year one (FY 2021-2022) and $4,830,000 in year two (FY 2022-2023). (0/10/5) RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an amendment to the agreement (A-8318) with the Oxnard School District (OSD) for the operations of the Oxnard After School Education and Safety (ASES) Grant to:
(1) Increase the agreement amount by $5,030,000 resulting in a total agreement amount of $7,780,000, not to exceed $2,950,000 in year one (FY2021-2022) and $4,830,000 in year two (FY2022-2023) with an additional City match of $130,000 of in-kind services per fiscal year, (2) Extend the expiration date for one year to June 30, 2023; and (3) Approve a budget appropriation recognizing $200,000 of additional FY21-22 Fund 272 (21st Century CLCP-ASESP) grant funding.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/LyOy-AZ01Rs
Legislative Body: City Council
Contact: Terrel Harrison, (805) 385-7994
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY February 15, 2022 PAGE 7
4. Housing Department
SUBJECT: Impact Fee Loan Agreement Amendment Las Cortes Phase III. (0/5/5) RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a First Amendment to the Loan Agreement with A0592 Oxnard, L.P., a California limited partnership (Agreement No. A-8226), for an increase in deferred impact fees related to the development of the Las Cortes Phase III affordable housing project.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/mmty2GyH3gk
Legislative Body: City Council
Contact: Emilio Ramirez, (805) 385-8094
O. ADJOURNMENT
7 CITY COUNCIL AGENDA REPORT
APPOINTMENT ITEMS (5:00 PM)
AGENDA ITEM NO. D.1
DATE: February 15, 2022
TO: City Council
FROM: Alexander Nguyen, City Manager, (805) 385-7430, [email protected] SUBJECT: Update on Trauma Center Hospital Designation.
RECOMMENDATION
That the City Council receive a verbal presentation from Ventura County Medical Center / Santa Paula Hospital, CEO Dr. John Fankhauser and Trauma Director, Dr. Thomas Duncan, on Trauma Center Hospital Designation.
BACKGROUND
At the request of the City Council, Dr.'s Fankhauser and Duncan will review the value of the Regional Trauma System and the trauma services at Ventura County Medical Center, West County's Level II Trauma Center.
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
ATTACHMENTS
None
8 CITY COUNCIL AGENDA REPORT
CEREMONIAL ITEMS
AGENDA ITEM NO. F.1
DATE: February 15, 2022
TO: City Council
FROM: Terrel Harrison, Cultural & Community Services Director, (805) 385-7994, [email protected] SUBJECT: Presentation of a Resolution Commending Debbie Estrada for over 20 Years of Service to the City of Oxnard.
RECOMMENDATION
That the City Council adopt a resolution commending Debbie Estrada for over Twenty Years of Service to the City of Oxnard's Recreation Division of the Cultural and Community Services Department.
BACKGROUND
On December 31, 2021, Debbie Estrada retired from the City of Oxnard after 20 years of service to the City. Mrs. Estrada began her career with the City's Recreation Division of the Cultural and Community Services Department in May 2001; thereafter promoting to Recreation Leader I/II, and then Recreation Leader III, accepting these positions with increasing responsibilities. She dedicated her career to serving the youth and seniors of the community, earning a reputation for being a dedicated, caring, and responsible employee by her coworkers and patrons. We extend our best wishes to Mrs.
Estrada in 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: Janice Zaragoza, Recreation Coordinator
ATTACHMENTS
1. Resolution - Debbie Estrada
9 CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
OXNARD COMMENDING DEBBIE ESTRADA FOR OVER 20 YEARS OF EXEMPLARY
SERVICE TO THE CITY OF OXNARD
WHEREAS, Debbie Estrada has given over 20 years of exemplary service as an employee of the City of Oxnard; and
WHEREAS, Mrs. Estrada began her career with the City of Oxnard Recreation Division of the Cultural and Community Services Department in May 2001; thereafter promoting to Recreation Leader I/II, and then Recreation Leader III, accepting these positions with increasing responsibilities; and
WHEREAS, Mrs. Estrada dedicated her career to serving the youth and seniors of the community, earning a reputation for being a dedicated, caring, and responsible employee by her coworkers and patrons; and
WHEREAS, Mrs. Estrada, and her husband Mark, passed down their commitment to public service to their children, Julie, Mark and Tirza, who have all dedicated their lives to public service through youth recreation and education.
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10 NOW, THEREFORE, the City Council of the City of Oxnard does hereby resolve to commend, recognize and extend its gratitude to Debbie Estrada for over 20 years of exemplary service to the City of Oxnard and extends best wishes for a well-deserved and fulfilling retirement with family and friends.
PASSED AND ADOPTED this ________ of February, 2022 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
John C. Zaragoza
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ _____________________________ Rose Chaparro Stephen M. Fischer
City Clerk City Attorney
11 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.1
DATE: February 15, 2022
TO: City Council
FROM: Rose Chaparro, City Clerk, (805) 385-7805, [email protected] SUBJECT: Approval of Minutes.
RECOMMENDATION
That the City Council approve the minutes of the January 18, 2022 regular meeting and the January 22, 2022 special 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 01 18 2022 CC Regular Meeting
2. MINUTES 01 22 2022 CC Special Meeting
12 MINUTES
OXNARD CITY COUNCIL
Regular Meeting
January 18, 2022
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, Oscar Madrigal, Bert E.
Perello, and Gabriel (Gabe) Teran were present via videoconference. Mayor Zaragoza was present in person.
Councilmember Madrigal joined the meeting virtually at 6:19 p.m.
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; Adam Smith, Project Manager; Kenneth Rozell, Chief Assistant City Attorney; Jason Benites, Police Chief; Alexander Hamilton, Fire Chief; Michael Wolfe, Public Works Director; Steve Howlett, Assistant Public Works Director; Jan Hauser, Wastewater Division Manager; Kevin Thompson, Parks Manager; Joe Perez, Parks Maintenance Supervisor/Arborist; Emilio Ramirez, Housing Director; Vyto Adomaitis, Community Development Director; Betsy George, Chief Financial Officer; Helen Miller, IT Director; and Eden Alomeri, Revenue & Licensing Director & Assistant City Treasurer; participated via videoconference.
Michael Arnold and Kristian Foy with Arnold & Associates; John O'Donnell and Kyriakos Pagonis with MMO Partners; Abby Beissinger and Ryan Allen, Arborists with Dudek Urban Foresters; Jennifer Haddow with Rincon Consultants; Ross Peabody, Civil Engineer with Peabody Engineering; John Morelli, Architect; John Carnesale, Developer; Jim Meaney, CBRE; Amanda Sherard, Assistant Project Manager with Taylor Realty Advisors; and Brian Finerman also participated via videoconference.
THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS (None received.) 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- 13 JANUARY 18, 2022 OXNARD CITY COUNCIL PAGE 2
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
At 4:35 p.m., the City Council recessed to a closed session. At 5:05 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. 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.
Paul Early, Assistant City Attorney, provided Council a Brown Act Update training session.
Presentation 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. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Public comments were received from David Soleymani (Request to consider changing the name of the City), Douglas D. Partello (Affordable Housing); Mark Daniels (Seeking assistance for the Strawberry Fields Community fencing), Maria Navarro with CAUSE (Request to extend the public comment period for the Environmental Impact Review for the Port of Hueneme, Vehicle Storage Facility Extension, in South Oxnard), and Manuel Herrera, Citizens for a Better Oxnard, (abandoned vehicle/homelessness concerns).
G. 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.
The City Manager gave a report on the City’s COVID-19 response. Report was received and filed. No formal action was required.
14 JANUARY 18, 2022 OXNARD CITY COUNCIL PAGE 3
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.
Alexander Nguyen, City Manager, gave a report. Report was received and filed. Information only, no formal action was required.
H. CITY COUNCIL REPORTS
Mayor Pro Tem MacDonald selected La Central Bakery as his recommendation for a local business.
Councilmember Perello selected Island Pacific Seafood Market as his recommendation for a local business to support. He stated that he does not support changing the name of the City of Oxnard.
He also expressed concerns regarding excess illegal dumping in alleys throughout the City.
Councilmember Teran selected Little Tony’s Italian Restaurant as his recommendation for a local business to support. He thanked the Martin Luther King, Jr. Committee of Ventura County for organizing this year’s this year’s event. He recognized Fire Chief Hamilton and staff which worked very quickly to inform the public about the tsunami emergency public safety situation.
He shared a report of the utilization of the 311 application. Recognized the 311 team for their efforts as well. Also, announced that the COVID-19 virus numbers are increasing in the County of Ventura and the nation.
Councilmember Lopez selected Fisherman’s Catch as her recommendation for a local business to support. She also acknowledged the 311 team for their efforts and helping to maintain the City’s areas clean and safe.
Councilmember Basua selected Café Amri as her recommendation for a local business to support.
Councilmember Madrigal selected Heritage Coffee as his recommendation for a local business to support. He asked that staff check the irrigation in the medians. He noticed excess water running onto the streets. He mentioned that he also noticed that there are long lines at COVID-19 testing sites.
Mayor Zaragoza selected Dob’s Break and Auto Center as his local business to support. He participated in the local Martin Luther King, Jr. holiday celebrations held in the City. He also thanked Fire Chief Hamilton and his staff for their efforts during the recent tsunami in the area.
He also thanked all the contract employees that are working throughout the City. As well, as the City employees and commended them for the work that they do. He reminded the public to wear their face mask and help to fight the pandemic.
I. REVIEW OF INFORMATION/CONSENT AGENDA
Items K-1 through K-10 were discussed among the Council and staff. 15 JANUARY 18, 2022 OXNARD CITY COUNCIL PAGE 4
J. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA (None received.) 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.
2. Police Department
SUBJECT: Resolution #15,529 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.
3. Police Department
SUBJECT: Resolution #15,530 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.
4. Police Department
SUBJECT: Resolution #15,531 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.
5. Fire Department
SUBJECT: Mutual Aid Response with California Office of Emergency Services.
RECOMMENDATION: That the City Council adopt Resolution #15,532 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.)
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 Resolution #15,533:
16 JANUARY 18, 2022 OXNARD CITY COUNCIL PAGE 5
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.
7. City Manager Department
SUBJECT: Seventh Annual Recognized Obligation Payment Schedule 2022-2023.
RECOMMENDATION: That the Community Development Commission Successor Agency adopt CDCSA Resolution #40 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.)
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.)
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.)
10. Public Works Department
17 JANUARY 18, 2022 OXNARD CITY COUNCIL PAGE 6
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 threeyear term; and
3. Agreement A-8408 with Hopkins Groundwater Consultants, Inc. in the amount not to exceed $250,000 for a three-year term.
(Public Works and Transportation Committee approved 3-0.) It was moved by Councilmember Perello, seconded by Councilmember Teran, to approve the Information/Consent items as presented. VOTE: MacDonald, Perello, Basua, Madrigal, Zaragoza, Teran, and Lopez voted in favor; motion passed 7-0.
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.)
Alexander Nguyen, City Manager, introduced John O’Donnell and Kyriakos Pagonis with MMO Partners; and Michael Arnold and Kristian Foy with Arnold and Associates; who 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 Perello, to approve the recommended action as presented. VOTE: MacDonald, Zaragoza, Perello, Madrigal, Basua, Teran, and Lopez voted in favor; motion passed 7-0.
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 18 JANUARY 18, 2022 OXNARD CITY COUNCIL PAGE 7
(RM) (PZ 20-620-02), a Zone Change from Business Research Park to Multiple-Family (R2) (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)
An announcement was made that this public hearing was pulled from this meeting agenda and will be rescheduled and a new notice will be published for a future meeting.
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.)
Steve Howlett, Assistant Public Works Director, introduced Abby Beissinger and Ryan Allen, Arborists with Dudek Urban Foresters, who presented and answered questions. Public comments were received from Douglas D. Partello. Discussion ensued among the Council and staff. The Tree Program Review report was received and filed. No formal action was required.
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 19 JANUARY 18, 2022 OXNARD CITY COUNCIL PAGE 8
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.) Jan Hauser, Wastewater Division Manager, presented and answered questions. Public comments were received from Douglas D. Partello. Discussion ensued among the Council and staff.
It was moved by Councilmember Perello, seconded by Councilmember Lopez, to approve the recommended action as presented. VOTE: Lopez, Basua, Teran, Zaragoza, MacDonald, Perello, and Madrigal voted in favor; motion passed 7-0.
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.)
Alexander Hamilton, Fire Chief presented and answered questions. No public comments were received. Discussion ensued among the Council and staff.
It was moved by Mayor Zaragoza, seconded by Councilmember Teran, 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 9:01 p.m.
ROSE CHAPARRO JOHN C. ZARAGOZA
City Clerk Mayor
20 MINUTES
OXNARD CITY COUNCIL
Special Council Meeting
January 22, 2022
A. ROLL CALL, POSTING OF AGENDA
At 10:03 a.m., Mayor John C. Zaragoza called to order the special meeting of the Oxnard City Council, in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California. The City Clerk called the roll and announced the posting of the agenda. Mayor Pro Tem Bryan A.
MacDonald 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.
Staff members present in person were Alexander Nguyen, City Manager; Ken Rozell, Chief Assistant City Attorney; and Rose Chaparro, City Clerk.
Staff members Shiri Klima, Deputy City Manager; Stephen M. Fischer, City Attorney; and Jason Zaragoza, Deputy City Attorney; participated via videoconference.
Kristen Parks, Consultant with National Demographics Corporation also participated via videoconference.
THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council B. OPENING CEREMONIES
The flag salute was followed by a moment of silence.
C. PUBLIC HEARINGS
1. City Attorney Department
SUBJECT: Public Hearing Regarding Redistricting of City Council Districts (15/30/30) RECOMMENDATION: That the City Council conduct a public hearing regarding the redistricting process for City Council districts and receive a presentation from the City’s redistricting consultant regarding the maps that have been submitted. (This item did not originate in Committee.)
Because the presentation will be made by a consultant, the presentation was not prerecorded pursuant to Measure M.
The City Clerk announced the affidavit of publication and stated that written communications were received and were forwarded to Council for consideration.
Kenneth Rozell, Chief Assistant City Attorney, introduced Kristen Parks, Consultant with National Demographics Corporation, which presented and answered questions.
Mayor Zaragoza opened the public testimony portion of the public hearing. Public comments were 21 JANUARY 22, 2022 OXNARD CITY COUNCIL PAGE 2
received from Lawrence Stein, Debbie Mitchell, Manuel Herrera, and Daniel Chavez.
Without objection, the Council approved closing the public testimony portion of the public hearing.
Discussion ensued among the Council and staff. Report was received and filed, no formal action was required.
D. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 11:26 a.m.
ROSE CHAPARRO JOHN C. ZARAGOZA
City Clerk Mayor
22 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.2
DATE: February 15, 2022
TO: City Council
FROM: Helen Miller, Information Technology Director, (805)385-7446, [email protected] SUBJECT: Insight Public Sector Inc.
RECOMMENDATION
That the City Council approve and authorize the Mayor to execute a blanket purchase order for an amount not to exceed $770,000 with Insight Public Sector, Inc. over a two-year period for information technology infrastructure. (Finance and Governance Committee approved 3-0)
BACKGROUND
The City's current computer network infrastructure, comprised of 200+ physical network components, supports the delivery of services to residents across 27 sites. The average age of the City’s network equipment is approximately six years with the oldest at ten years of age. The useful life of a network’s components typically ranges from five to seven years; therefore, the City has extended and responsibly optimized our initial investment.
The City Council’s most recent network infrastructure approval was October 15, 2019, which is the last time staff presented the need to replace unsupported and unsecured hardware (with modern Cisco equipment). At that time, the average age of the network equipment was 12 years old. In the two years since that approval, staff has refreshed portions of the network reducing the average equipment age from 12 years to 6 years, a significant 50% improvement. However, even with this improvement, the City remains dependent today upon obsolete and soon to be obsolete network infrastructure. The requested two-year purchase authorization with Insight Public Sector will enable continued progress by supporting the refresh and replacement of additional obsolete network components essential for City services, including in the libraries, Police Department, and Fire Department. In addition, modern networking hardware requires purchasing annual software maintenance and security support from the equipment manufacturer. Staff requests authorization for a two-year blanket purchase order in the amount of $770,000, allocated as follows:
Description Estimated Cost per Year Total Estimated Cost Annual maintenance support $150,000 $300,000
Network infrastructure improvements $200,000 $400,000
(modernize/replace)
Contingency (10%) $ 35,000 $ 70,000
A 10% contingency is included in anticipation of continued pandemic supply chain cost increases, an increase in City departments’ demand for IT services to support business process improvements (including the current ERP implementation), and unforeseen remediation and/or emergency equipment replacement.
Staff continues to compare pricing for its networking equipment and services from various sources. Specifically, as it relates to the City’s standardization on Cisco network equipment, Insight Public Sector has been assigned as our preferred provider by Cisco and is the technology value added reseller authorized in the City’s network infrastructure 23 vendor agreement. Insight offers access to competitive public purchase agreements such as Omnia (formerly US Communities), National IPA Technology Solutions, and NASPO ValuePoint. The City has been purchasing under the OMNIA Partners Public Sector Contract No. 4400006644 purchasing group.
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 annual cost for maintaining the network hardware is approximately $150,000. Funds for these expenditures are included in the IT Department's FY 2021-22 operating budget. The department’s current budget includes a hardware replacement fund of $665,000. This amount is used to replace obsolete personal computers, servers, and networking equipment throughout the City. Funding for the projects discussed above will come from the IT Department’s hardware replacement fund (Fund 731-7304) as well as other department budgets and grants. The two-year not-to-exceed $770,000 authorization will allow staff to meet our current network-related obligations as well as plan for future updates and upgrades.
COMMITTEE OUTCOME
The Finance and Governance Committee approved 3-0 on January, 25, 2022, to approve the staff recommendation and to forward the item for Council approval.
Prepared by: Gary Krumian, Programmer Analyst
ATTACHMENTS
1. BPO-8481 Insight Public Sector
24 VENDOR PHONE: (800)934-4477
VENDOR FAX: ( ) -
VENDOR #: 21221 B
VENDOR ADDRESS: INSIGHT PUBLIC SECTOR, INC. SHIP TO: MULTIPLE LOCATIONS 6820 S. HART AVE
TEMPE, AZ 85283- 2 LOCATIONS AND QUANTITIES
SPECIFIED FOLLOWING ITEM
Our P.O. # MUST Appear on ALL Invoices, Packages and Correspondence DELIVER BY REQUISITION # REQUISITION DATE CONFIRMED BY
01/28/2022 00/00/0000 JOSH WELLS
FOB ACCOUNT NUMBER AUTHORIZED BY
PATRICIA GARCIA
ITEM
#
QUANTITY/
UNIT
DESCRIPTION
ARTICLE OR SERVICE
UNIT
COST
EXTENDED
COST
By acceptance of this purchase order, you agree to the attached terms and conditions of the City of Oxnard
BLANKET ORDER
CITY OF OXNARD
300 WEST 3RD STREET
OXNARD, CA 93030
PURCHASE
ORDER NO.
008481
DATE: 1/28/2022
INFORMATION TECHNOLOGY COMPUTER INFRASTRUCTURE
Effective date: 02/15/2022
Expiration date: 02/14/2024
Not to exceed: 770,000.00
Y
COUNCIL APPROVED 2/15/22, AGENDA ITEM NO. L3
FINANCE & GOVERNANCE COMMITTEE APPROVED 1/25/22
NSS 21-160
In order to receive payment, email all invoices to:
[email protected]
In the subject line, reference the Purchase
Order number above.
TOTAL PURCHASE AMOUNT $770,000.00
AUTHORIZED SIGNATURE. _______________________
John C. Zaragoza, Mayor
25 VENDOR PHONE: (800)934-4477
VENDOR FAX: ( ) -
VENDOR #: 21221 B
VENDOR ADDRESS: INSIGHT PUBLIC SECTOR, INC. SHIP TO: MULTIPLE LOCATIONS 6820 S. HART AVE
TEMPE, AZ 85283- 2 LOCATIONS AND QUANTITIES
SPECIFIED FOLLOWING ITEM
Our P.O. # MUST Appear on ALL Invoices, Packages and Correspondence DELIVER BY REQUISITION # REQUISITION DATE CONFIRMED BY
01/28/2022 00/00/0000 JOSH WELLS
FOB ACCOUNT NUMBER AUTHORIZED BY
PATRICIA GARCIA
ITEM
#
QUANTITY/
UNIT
DESCRIPTION
ARTICLE OR SERVICE
UNIT
COST
EXTENDED
COST
By acceptance of this purchase order, you agree to the attached terms and conditions of the City of Oxnard
BLANKET ORDER
CITY OF OXNARD
300 WEST 3RD STREET
OXNARD, CA 93030
PURCHASE
ORDER NO.
008481
DATE: 1/28/2022
26
PURCHASE ORDERS
TERMS AND CONDITIONS
The City Purchasing Officer and the Vendor agree as follows:
1. Vendor shall furnish to City the labor, materials, equipment, supplies and/or services described in the Purchase Order preceding this page.
2. City shall pay to Vendor the price, or prices, specified in the Purchase Order upon delivery of the labor, materials, equipment, supplies and/or services, and acceptance thereof by the City Purchasing Officer, or upon the completion of the services to be performed and acceptance thereof.
3. If the Purchase Order is continuing in nature, City shall pay to Vendor the amount due Vendor for labor, materials, equipment or supplies furnished, or services completed and accepted.
4. Vendor shall deliver the labor, materials, equipment or supplies, or cause the services to be performed, within the time and in the manner specified in the Purchase Order. Vendor shall be excused in performance for delays resulting from causes beyond the control of Vendor.
5. If services are performed or labor furnished to City under the Purchase Order, Vendor agrees to indemnify, hold harmless and defend City, its City Council, and each member thereof, and every officer, employee, representative or agent of City, from any and all liability claims, demands, actions, damages (whether in contract or tort, including personal injury, death at any time, or property damage), costs and financial loss, including all costs and expenses and fees of litigation or arbitration, that arise directly or indirectly from any acts or omissions related to this Agreement performed by Vendor or its agents, employees, subcontractors, consultants and other persons acting on Vendor’s behalf. This agreement to indemnify, hold harmless and defend shall apply whether such acts or omissions are the product of active negligence, passive negligence, willfulness or acts for which Vendor or its agents, employees, subcontractors, consultants and other persons acting on Vendor’s behalf would be held strictly liable. Vendor’s obligation to defend shall arise when a claim, demand or action is made or filed, whether or not such claim, demand or action results in a determination of liability or damages as to which Vendor is obligated to indemnify and hold harmless.
6. Insurance
a) Vendor shall obtain and maintain during the performance of any services under this Agreement the following insurance coverage issued by a company satisfactory to the Risk Manager, unless the Risk Manager waives, in writing, the requirement that Vendor obtain and maintain such insurance coverage.
i. Commercial general liability insurance, including a contractual liability endorsement, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability coverage (Occurrence Form CG0001ED, November 1988); ii. Business automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Auto Liability Insurance Services Office coverage (Occurrence Form CA000TED, June 1992) covering Code No. 1, “any auto”; iii. Workers’ compensation insurance in compliance with the laws of the State of California, including employer’s liability insurance in an amount not less than $1,000,000 per claimant.
7. Vendor, in the performance of any services or the furnishing of any labor under this Purchase Order, shall be considered an independent contractor, and Vendor and Vendor’s agents and employees shall not be considered officers or employees of the City.
8. Vendor, without the written consent of the City Purchasing Officer, shall not:
a) Assign the Purchase Order, or any interest therein, or any money due thereunder; or b) Make any changes, alterations or variations in the terms of the Purchase Order.
9. The cost of inspection on deliveries, or offers to make deliveries that do not meet specifications, will be paid by Vendor or deducted by City from amounts due Vendor.
10. Vendor shall indemnify and hold harmless City, its officers and employees, from liability, claims, loss or expense of any kind or nature on account of any copyrighted or uncopyrighted composition, patented or unpatented process or invention, article or appliance furnished or used under this Purchase Order.
11. Vendor shall comply with all applicable federal, state and local ordinance, laws and regulations and shall obtain and pay for all required licenses and permits, including a City of Oxnard business license.
12. Return or exchange of materials, equipment or supplies will not be permitted without written approval by the City Purchasing Officer.
13. All materials, supplies and equipment furnished under the Purchase Order shall, where applicable, be in full compliance with the Safety Orders and Regulations of the Division of Industrial Safety of the State of California and the Williams-Steiger Federal Occupational Health and Safety Act of 1970.
14. City may terminate this Purchase Order at any time by giving written notice of termination to Vendor. If termination is for cause, termination shall become effective on the date of the notice or at a later date, specified in the notice. If termination is without cause, termination shall become effective five days after the date of the notice or at a later date specified in the notice.
15. Vendor shall comply with all applicable equal employment opportunity requirements of the California Department of Fair Employment and Housing in performing or contracting for any services under this Purchase Order.
16. For public projects, Vendor shall pay prevailing wages in accordance with Labor Code Sections 1720 et seq.
ADDITIONAL REQUIREMENTS FOR GRANT-FUNDED PROJECTS
17. The following requirements apply to any Purchase Order funded in whole or in part by federal grant funds. a) Upon expiration of the time specified on the reverse side, this Purchase Order shall terminate unless City and Vendor have mutually agreed in writing to an extension of time.
b) If legal action is brought by either party because the other has failed to comply with terms or conditions of this Purchase Order, the prevailing party shall be awarded its attorney’s fees and costs in addition to its damages and/or equitable relief. c) Vendor shall comply with all applicable requirements of Executive Order 11246 as amended by Executive Order 11375 and the regulations adopted pursuant thereto (41 CFR Chapter 60), which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin.
d) Vendor shall insure that the grantee (City), the Federal Grantor Agency, the Comptroller General of the United States, or any duly authorized representative, shall have access to any books, records, documents and papers, specifically relating to this Purchase Order, for the purpose of making audit, examination, excerpts and transcriptions for not less than three years after completion of the project and/or until the completion of the final project audit as required by the Federal Grants Agency.
27 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.3
DATE: February 15, 2022
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Agreement A-8428 with Blackpointe Group Construction & Management Inc., for Catch Basin Cleaning Services.
RECOMMENDATION
That the City Council approve and authorize the Mayor to execute Agreement A-8428 with Blackpointe Group Construction & Management Inc. (Blackpointe), in the amount not to exceed $900,000 for a three-year term ending February 15, 2025, for catch basin cleaning services.
(Public Works and Transportation Committee approved 3-0)
BACKGROUND
The City of Oxnard (City) received its most recent Municipal Separate Storm Sewer System (MS4) permit in September 2021. The MS4 permit requires that trash and debris be removed from catch basins and disposed of properly. The City owns and maintains over 2,500 catch basins that capture and convey stormwater to the ocean.
As a consequence of normal operation, catch basins collect a variety of trash, leaves, and plastic (debris). Debris must be removed and disposed of to prevent release of trash and debris to the environment and mitigate flooding.
The City is also required to comply with the statewide Trash Amendments by installing full capture trash devices in stormwater catch basins. There are currently 329 full capture devices installed within catch basins with an additional 500+ planned for installation. These stainless steel devices act as a barrier for trash and debris that may fall into the catch basin. These devices require quarterly inspection and cleaning.
DISCUSSION
On November 17, 2021, the Purchasing Department released Request for Proposal PW 22-54 for Catch Basin Cleaning. This solicitation closed on December 9, 2021, where a total of three bids were received. An evaluation team consisting of Wastewater and Purchasing staff reviewed all proposals and determined Blackpointe to be the most qualified based on the evaluation criteria in the request for proposal. . Evaluation criteria consisted of the proposer's ability and history, responsiveness to the proposal, technical competence and experience, references/past record of performance, and cost.
Bidder Total Bid Proposal ($/Catch Basin)
Blackpointe $68.17
28 United Storm Water $105.05
Downstream Services $149.00
Through this agreement, Blackpointe shall provide catch basin inspection, cleaning and disposal of trash and debris, and storm drain placard replacement for the City’s 2,500+ catch basins. All trash and debris shall be properly disposed of to a location that is properly permitted, regulated, and meets all federal, state, and local guidelines. Removal of debris from catch basins greatly reduces unwanted waste from infiltrating waterways and also mitigates flooding during wet weather events.
Blackpointe shall use the City’s GIS system to log and quantify all cleaning and inspection activities and will be required to adjust full capture stormwater devices, when required. Additionally, Blackpointe shall photograph each catch basin before and after each inspection/cleaning event and provide disposal manifests with every bill.
STRATEGIC PRIORITIES
This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.
FINANCIAL IMPACT
The cost for this agreement with Blackpointe, in the amount not to exceed $900,000, of which $100,000 is funded from existing appropriations in the approved Fiscal Year 2021-22 budget from the Stormwater Operating Fund 114 (account 114-3502-804-8209). Future balances, in the amount of $300,000 annually, will be budgeted in subsequent fiscal years. The Stormwater Operating Fund is partially subsidized by the General Fund.
Catch Basin Cleaning Spending plan
Division FY 21-22 FY 22-23 FY 23-24 FY 24-25 TOTAL
Stormwater $100,000 $300,000 $300,000 $200,000 $900,000
COMMITTEE OUTCOME
The Public Works and Transportation Committee approved 3-0 on January 25, 2022 to approve the staff recommendation and to forward the item for Council approval.
Prepared by: Jan Hauser, Wastewater Division Manager
ATTACHMENTS
1. Blackpointe Group - A-8428
29 Agreement No. A-8428
AGREEMENT FOR TRADE SERVICES
COVER PAGE
(1) Agreement Start Date: February 15, 2022
(2) Vendor: Blackpointe Group Construction & Management Inc (3) Services: Catch Basin Cleaning for the Wastewater Division (4) Schedule of Services: See Schedule of Services Exhibit, which is attached hereto and incorporated herein through February 14, 2025 subject to renewal terms as noted in the Rates and Costs Exhibit (5) Agreement Ending Date: February 14, 2025 subject to renewal terms as noted in the Rates and Costs Exhibit
(6) Total Agreement Amount: Not to Exceed $900,000
(7) City’s Project Manager: Ray Trevino, Wastewater Collections Supervisor (8) Vendor’s Project Manager: Victor Schittone, Founder (9) Insurance Coverage: INS-B
(10) What wages are required for this Project?
☒ Living wage but not prevailing wages, in which case: Section 20(a) through (d) and the Living Wage Policy Exhibit are incorporated and are required; but Section 20(e) and the Prevailing Wage Exhibit are not incorporated and are not required.
☐ Prevailing wages but not living wage, in which case: Section 20(e) and the Prevailing Wages Exhibit are incorporated and are required; but Section 20(a) through (d) and the Living Wage Policy Exhibit are not incorporated and are not required.
☐ Both living wage and prevailing wages, in which case Section 20, the Living Wage Policy Exhibit, and the Prevailing Wages Exhibit are incorporated and required. ☐ Neither living wage nor prevailing wages, in which case Section 20, the Living Wage Policy Exhibit, and the Prevailing Wages Exhibit are not incorporated and are not required. (11) Addresses for Notice:
FOR VENDOR: FOR CITY:
11972 Hertz Avenue 305 West Third Street, East Wing, Third Floor Moorpark, CA 93021 Oxnard, CA 93030
Attn: Victor Schittone, Founder Attn: Ray Trevino, Wastewater Collections Supervisor (12) Contact Emails:
VENDOR’S PROJECT MANAGER: CITY’S PROJECT MANAGER:
[email protected] [email protected]
The Agreement for Trade 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 ☒ Living Wage Policy Exhibit ☒ Rates and Costs Exhibit ☐ Prevailing Wages Exhibit
☒ Schedule of Services Exhibit ☒ Insurance Exhibit (INS-B)
30 Agreement No. A-8428
AGREEMENT FOR TRADE SERVICES (V-11/29/18)
AGREEMENT FOR TRADE SERVICES
THIS AGREEMENT FOR TRADE SERVICES (“Agreement”) is entered into in Ventura County, California, on the date that is written as “(1) Agreement Start Date” on the Cover Page, which is attached hereto and incorporated herein by this reference. This Agreement is entered by and between the City of Oxnard (“City”) and the person or entity listed as “(2) Vendor” on the Cover Page, subject to the following terms and conditions:
1. Scope of Services. Vendor shall provide to City the services listed as “(3) Services” on the Cover Page (the “Services”). Vendor shall provide the Services during the term of this Agreement, as set forth below, according to the schedule written as “(4) Schedule of Services” on the Cover Page, and as further explained in the Scope of Services Exhibit, which is attached hereto and incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and any incorporated document(s), the terms of this Agreement shall control.
2. Term. This Agreement shall begin on the date that is written as “(1) Agreement Start Date” on the Cover Page and shall end on the date that is written as “(5) Agreement Ending Date” on the Cover Page. Time is of the essence in this Agreement.
3. Compensation. For the Services performed during the term of this Agreement, City shall pay Vendor an amount not to exceed the amount that is listed as “(6) Total Agreement Amount” on the Cover Page, at the rates listed in the Rates and Costs Exhibit, attached hereto and incorporated herein by this reference. The rates in the Rates and Costs Exhibit shall be in effect through the end of this Agreement unless otherwise stated therein.
4. Invoices. Vendor shall submit a payment request to City by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month. Each invoice must also list the current balance on the Agreement, including that invoice, as well as the months remaining on the term of the Agreement. Invoices may be emailed to: [email protected].
5. Most Favored Nation. Throughout the term of the Agreement, in the event Vendor provides the Services having terms more favorable than this Agreement to any person or entity other than City, Vendor shall notify City within 10 calendar days of signing the other contract, or if there is no other contract, of finalizing that deal or providing any services, whichever occurs first in time. In that notice, Vendor shall offer City to amend this Agreement to reflect such more favorable terms into this Agreement without any contingency to amend any other provision of this Agreement.
6. Acceptance of Payment. Vendor’s acceptance of final payment made pursuant to this Agreement shall constitute a release of City from all claims and liabilities for compensation to Vendor for anything completed, finished or relating to the Services. City’s payment shall not constitute nor be deemed a release of the responsibility and liability of Vendor for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by City for any defect or error in the Services performed by Vendor and its employees, agents and subcontractors. Vendor shall provide City with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the Services performed by Vendor or materials or products provided to City by Vendor, Vendor shall pay the sales tax. City shall not reimburse Vendor for sales taxes paid by Vendor.
7. Non-binding Terms. Any terms and conditions that are typed, printed, or otherwise included in any Vendor invoice rendered pursuant to this Agreement shall be deemed to be solely for the convenience of the parties.
No such term or condition shall be binding upon City, and no action by City (including, without limitation, the payment of any such invoice in whole or in part) shall be construed as binding City with respect to any such term or condition, unless the specific term or condition has been previously agreed to by Vendor and City in this Agreement or in a binding amendment thereto.
8. Non-Appropriation of Funds. Payments to be made to Vendor by City for the Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted and unencumbered appropriation of City. In the event City does not appropriate sufficient funds for payment of the Services beyond the current fiscal year, this Agreement shall cover payment for the Services only up to the
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conclusion of the last fiscal year in which City appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.
9. Coordination of Services. The Services shall be coordinated with the person in the position listed in “(7) City’s Project Manager” on the Cover Page, subject to the direction of the City Manager or Department Director. Vendor hereby designates the person in the position listed in “(8) Vendor’s Project Manager” on the Cover Page as the person responsible for the Services who shall coordinate with City’s Project Manager in making binding decisions in line with this Agreement on behalf of Vendor.
10. Personnel. Vendor represents that it has or shall secure at its own expense all personnel required to perform the Services. Vendor shall make reasonable efforts to maintain the continuity of Vendor’s staff who are assigned to perform the Services. Vendor may associate with or employ associates or subcontractors in the performance of the Services, but at all times shall Vendor be responsible for its associates and subcontractors’ labor, advice or materials provided in furtherance of providing the Services. Should any of Vendor’s employees, assigns or subcontractors not conduct him- or herself 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 Vendor’s Project Manager, who shall immediately handle the problem, as determined appropriate by him or her, such that the problem does not persist.
11. Additional Work. City may request additional specified work under this Agreement. The City’s Project Manager must authorize all such work in writing before commencement. Vendor shall perform such work, and City shall pay for such additional work, in accordance with the Rates and Costs Exhibit. Should the work not fall under any such listed rate or cost, Vendor shall submit a quote for all additional work, which the City’s Project Manager must approve in writing by before any such work may commence. The City shall compensate Vendor for any work that does not fall under a rate or cost listed in the Rates and Costs Exhibit, and for which Vendor did not obtain the City’s Project Manager’s written approval before work commenced, as determined by the City’s Project Manager in his or her sole discretion.
12. Advertising and Publicity. Vendor shall not use the name of or refer to City directly or indirectly in any advertisement, news release, or professional or trade publication without prior written approval from the City Manager. This Section shall survive the termination of this Agreement.
13. Audit. City shall have the option of inspecting, auditing and/or reproducing all records and other written materials: used by Vendor in preparing its billings to City as a condition precedent to any payment to Vendor; or for other purposes relating to the Agreement. Vendor will promptly furnish all documents requested by City. Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit Vendor for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, Vendor shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by City, whichever occurs later. Vendor shall maintain all such records in City or to promptly reimburse City for all reasonable costs incurred in conducting the audit at a location other than in City, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. Vendor shall include a copy of this Section in all contracts with its subcontractors, and Vendor shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or City.
14. Termination. City may terminate this Agreement at any time, with or without cause and without penalty, upon 15 calendar days’ prior written notice. Such termination shall be effective on the date specified in the notice, or if no date is specified, then 15 calendar days from the date of the notice. Vendor may terminate this Agreement at any time, with or without cause and without penalty, upon 30 calendar days’ prior written notice. Such termination shall be effective on the date specified in the notice, or if no date is specified, then 30 calendar days from the date of notice and only if all assignments accepted by Vendor have been completed before the date of termination. In the event of termination of this Agreement by either party due to no fault or failure of performance by Vendor, City shall pay Vendor compensation for all Services satisfactorily completed in accordance with all of the terms and provisions of this Agreement, as determined by the City, before the effective date of termination; provided, in no event shall the Vendor receive an amount exceeding that which would have been paid to Vendor for
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the full performance of the Services. If City pays for any materials, City shall be entitled to the title and possession of such.
15. Hold Harmless, Defense and Indemnity.
To the fullest extent permitted by law, Vendor shall immediately defend, indemnify, and hold harmless City, its legislative and advisory bodies, and the City’s officials, directors, officers, employees, and agents (the “Indemnitees”) from and against all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with Vendor’s performance of this Agreement or Vendor’s failure to comply with any of its obligations contained in this Agreement. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Vendor’s obligation to indemnify applies unless it is adjudicated that any of the liabilities covered by this Section 15 are the result of the sole active negligence or sole willful misconduct of any of the Indemnitees.
a. The duty to defend is a separate and distinct obligation from Vendor’s duty to indemnify.
Vendor shall be obligated to defend in all legal, equitable, administrative, or special proceedings with counsel approved by the City Attorney immediately upon tender to Vendor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of negligence or willful misconduct by any of the Indemnitees shall not relieve Vendor from its separate and distinct obligation to defend the Indemnitees. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes the obligation to provide independent defense counsel if Vendor asserts that liability is caused in whole or in part by the negligence or willful misconduct of the Indemnitees. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of any of the Indemnitees, Vendor may submit a claim to City for reimbursement of reasonable attorneys’ fees and defense costs. b. The review, acceptance or approval of Vendor’s work or work product by any of the Indemnitees shall not affect, relieve or reduce Vendor’s indemnification or defense obligations. This Section 15 shall survive completion of the Services or termination of this Agreement. The provisions of this Section 15 shall not be restricted by and do not affect the provisions of this Agreement relating to insurance.
16. Insurance. Vendor shall obtain and maintain during the performance of any services under this Agreement the insurance coverages listed within the insurance document stated in “(9) Insurance Coverage” on the Cover Page and in the Insurance Exhibit, which is attached hereto and incorporated herein by this reference, unless the Risk Manager waives, in writing, the requirement that Vendor obtain and maintain such insurance coverages.
Such insurance must be issued by a company satisfactory to the Risk Manager. Vendor shall, before performance of any Services pursuant to this Agreement, file with the Risk Manager evidence of insurance coverage as specified in “(9) Insurance Coverage” on the Cover Page and in the Insurance Exhibit. Maintenance of insurance coverages by Vendor is a material element of this Agreement. Vendor’s failure to maintain or renew insurance coverages or to provide renewal evidence may be considered a material breach of this Agreement.
17. Documents and Materials.
a. All final computations, exhibits, files, plans, correspondence, reports, drawings, designs, data, photographs, specifications, information, images, video files, media, or other deliverables prepared, created, drawn, calculated, photographed or developed by Vendor pursuant to this Agreement (“Documents and Materials”) shall be the property without restriction or limitation upon its use, duplication or dissemination by the City. All Documents and Materials shall be considered “works made for hire,” and all Documents and Materials and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the City without restriction or limitation upon their use, duplication or dissemination by the City. Vendor shall not obtain or attempt to obtain copyright protection as to any Documents and Materials. Vendor hereby assigns to the City all ownership and any and all intellectual property rights to the Documents and Materials that are not otherwise vested in the City pursuant to this Section 17.
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b. Vendor shall deliver all Documents and Materials to City’s Project Manager upon completion of the Services or termination of this Agreement without additional cost or expense to the City. Additionally, anytime at City’s request, City shall be entitled to possession of, and Vendor shall furnish to City’s Project Manager within 10 calendar days, any or all of the Documents and Materials without additional cost or expense to the City. In both situations, if Vendor prepares Documents and Materials on a computer, Vendor shall provide City with said Documents and Materials both in a printed format and in an electronic format that is acceptable to the City. Vendor may retain copies of these Documents and Materials but must request permission from the City before use, duplication or dissemination these Documents and Materials for any purpose other than for the Services provided to the City pursuant to this Agreement.
c. Any substantive modification of the Documents and Materials by City staff or any use of the completed Documents and Materials for other City projects, or any use of uncompleted Documents and Materials, without the written consent of Vendor, shall be at City’s sole risk and without liability or legal exposure to Vendor. d. Vendor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Documents and Materials, and that the City has full legal title to and the right to use, duplicate or disseminate the Documents and Materials. Vendor shall defend, indemnify and hold Indemnitees harmless from any loss, claim or liability in any way related to a claim that City’s use of any of the Documents and Materials is violating federal, state or local laws, any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Vendor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the services and Documents and Materials. In the event the use of any of the Documents and Materials by the City is held to constitute an infringement and the use of any of the same is enjoined, Vendor, at its own expense, shall: secure for City the right to continue using the Documents and Materials by suspension of any injunction, or by procuring a license or licenses for City; or modify the Documents and Materials so that they become non-infringing while remaining in compliance with the requirements of this Agreement.
e. This Section 17 shall survive the termination of this Agreement.
18. Confidentiality of Information.
a. For the purposes of this Agreement, “Confidential Information” means all information, in whatever form transmitted, relating to the past, present or future business affairs of the City, including without limitation, (i) technical information, including patent, copyright, trade secret, and other proprietary information, techniques, sketches, 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 Vendor or is developed by Vendor in whole or in part at the City’s expense.
b. All Documents and Materials shall be considered Confidential Information and shall not be reproduced, transmitted, disclosed or used by the Vendor without the written consent of the City, except as may be necessary for Vendor to fulfill its obligations to the City. c. Notwithstanding the above, these limitations shall not apply to information that (i) is already known to Vendor at the time of that information’s disclosure or becomes publicly known through no wrongful act or omission of Vendor, (ii) is communicated to a third party with the express written consent of City and is not subject to restrictions on further use or disclosure, (iii) is independently developed by Vendor and has no 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, Vendor shall immediately provide City with written notice
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and a reasonable opportunity for City to object to the disclosure or to take action to maintain the confidentiality of the information, unless such prior disclosure is legally impermissible. d. Vendor shall use reasonable care to protect the Confidential Information. In the event of a breach or threatened breach of this Agreement, City shall be entitled to obtain an injunction prohibiting any such breach, the costs of which shall be paid by Vendor. Any relief granted shall be in addition to and not in 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 Vendor in reliance on any Confidential Information disclosed under this Agreement.
f. This Section 18 shall survive the termination of this Agreement.
19. Independent Contractor. Vendor is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its employees or agents shall have control over the conduct of Vendor or any of its employees, except as stated in this Agreement. Vendor has and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting Vendor, and it is free to dispose of all portions of its time which it is not obligated to devote to City in such a manner and to such persons, firms, or corporations as Vendor wishes except as expressly provided in this Agreement. This Agreement shall not be interpreted to prevent or preclude Vendor from rendering any services for Vendor’s own account or to any other person or entity as Vendor in its sole discretion shall determine; provided, however, that performing such services shall not materially interfere with the Services Vendor shall perform for the City. Except as City’s Project Manager specifies in writing, Vendor and its employees and agents have no authority, express or implied, to act on behalf of City in any capacity, to incur any debt, obligation or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent. Vendor and its employees are not employees of City. Vendor and its employees are not entitled to receive from City any of the benefits or rights afforded employees of City, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long-term disability and workers’ compensation insurance benefits. Vendor shall not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Vendor agrees to pay all required taxes on amounts paid to Vendor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Vendor shall be solely responsible for, and shall save City harmless from, all matters relating to the payment of Vendor’s subcontractors, material suppliers, directors, officers, employees, agents and representatives, including compliance with social security requirements, federal and State income tax withholding, and all other regulations governing employer-employee relations, as applicable. City shall have the right to offset against the amount of any compensation due to Vendor under this Agreement any amount due to City from Vendor as a result of its failure to promptly pay to City any reimbursement or indemnification arising under this Section.
20. Wages. If the first option is selected in response to (10) on the Cover Page and, thus, the payment of living wage is required, only this paragraph and subsections (a) through (d) of this Section 20 shall apply. If the second option is selected in response to (10) on the Cover Page and, thus, the payment of prevailing wages (and related Labor Code provisions) is required, only this paragraph and subsection (e) of this Section 20 shall apply. If the third option is selected in response to (10) on the Cover Page and, thus, both the payment of living wage and prevailing wages (and related Labor Code provisions) is required, this paragraph and subsections (a) through (e) shall apply, meaning Vendor shall compensate all of its employees providing services to City in accordance with both the City’s Living Wage Policy and State-required prevailing wages. In the event of a conflict between the City’s Living Wage Policy and State-required prevailing wages, the higher of the two shall prevail. If the fourth option is selected in response to (10) on the Cover Page and, thus, neither the payment of living wage nor prevailing wages (and related Labor Code provisions) is required, no part of this Section 20 shall apply.
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If either the first or third option is selected in response to (10) on the Cover Page, Vendor shall compensate any employee of Vendor who provides Services to the City under this Agreement in accordance with the Living Wage Policy Exhibit, which is attached hereto and incorporated herein by this reference. While this Agreement is in effect, Vendor shall pay such employee no less than $16.89 per hour for each hour that such employee provides services under this Agreement. This hourly rate shall be adjusted on July 1, 2022, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982-84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, Vendor shall provide to such employee no less than 96 hours of paid leave per calendar year. a. Vendor agrees to post, at a location readily accessible to those employees providing services to the City, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002, and effective October 1, 2002.
b. If Vendor fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to Vendor, effective immediately. c. In addition, if Vendor fails to comply with the Living Wage Policy in any manner, Vendor shall pay to City a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Vendor shall pay such fine and penalty within 15 days after the City Manager or designee provides written notice to Vendor of the amount owed.
d. If either the second or third option is selected in response to (10) on the Cover Page, in accordance with Labor Code Section 1770 et seq., the Project is a “public work.” The Vendor shall pay wages in accordance with the determination of the Director of the Department of Industrial Relations (“DIR”) regarding the prevailing rate of per diem wages. Copies of those rates are on file with the Public Works Director and are available to any interested party upon request. The Vendor shall post a copy of the DIR’s determination of the prevailing rate of per diem wages at the job site. The Vendor shall comply with all provisions of the Prevailing Wage Exhibit, which is attached hereto and incorporated herein by this reference.
21. Nondiscriminatory Employment. Vendor shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status. Vendor understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, Vendor shall be responsible for such subcontractor’s compliance with this Section.
22. Vendor’s Representations. Vendor represents, covenants and guarantees that: a) Vendor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the Services in accordance with the terms and conditions set forth in this Agreement; b) there are no obligations, commitments, or impediments of any kind that will limit or prevent Vendor’s full performance under this Agreement; c) to the extent required by the standard of practice, Vendor has investigated and considered the scope of Services performed, has carefully considered how the Services should be performed, and understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement.
23. Compliance with Laws. In performing the Services under this Agreement, Vendor shall comply with all applicable laws, ordinances and regulations. Before performing the Services under this Agreement, Vendor shall obtain all required licenses and permits, including a City business tax certificate.
24. Conflict of Interest. If, in performing the Services set forth in this Agreement, Vendor makes, or participates in, a “governmental decision” as described in Title 2, Section 18701(a)(2) of the California Code of Regulations, or performs the same or substantially all the same duties for City that would otherwise be performed by a City employee holding a position specified in City's conflict of interest code, Vendor shall be subject to City's
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conflict of interest code, the requirements of which include the filing of one or more statements of economic interests disclosing the relevant financial interests of Vendor’s personnel providing the Services set forth in this Agreement. Furthermore, Vendor shall not to accept any employment or representation during the term of this Agreement or within 12 months after completion of the Services which is or may likely make Vendor “financially interested,” as provided in California Government Code Sections 1090 and 87100, in any decisions made by City on any matter in connection with which Vendor has been retained pursuant to this Agreement.
25. Fictitious Name. If Vendor has a fictitious name, Vendor shall submit to City a new Fictitious Business Name Statement approved by any California county before Vendor’s prior Fictitious Business Name Statement expires if such expiration may occur during the term of this Agreement, including any term amendment.
26. Non-Assignability. Vendor shall not assign or transfer any interest in this Agreement or any part thereof, whether by assignment or novation, without City’s prior written consent, which may be withheld for any reason or for no reason at all. Any purported assignment without written consent shall be null, void, and of no effect, and Vendor shall hold harmless, defend and indemnify Indemnitees regarding all Claims arising from or relating to any unauthorized assignment.
27. Protection of Services. Vendor shall continuously maintain adequate protection of all of Vendor’s work from damage and shall protect the City’s property from any and all injury or loss arising in connection with this Agreement. Vendor shall take all necessary precaution for the safety of employees on the job and shall comply with all applicable provisions of federal, State and municipal safety laws and building codes to prevent accidents or injury to persons on, about or adjacent to any premises where the Services are being performed.
28. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of Vendor.
29. Applicable Law; Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California’s choice of law rules.
Venue for any such action relating to the Agreement shall be in the Ventura County Superior Court.
30. Titles. The titles used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it.
31. Force Majeure. Neither City nor Vendor shall be responsible for delays or failures in performance resulting from acts beyond the control of either party. Such acts shall include but are not be limited to acts of God, riots, acts of war, epidemics, fire, earthquakes, or other disasters.
32. Authority. Any person executing this Agreement on behalf of Vendor warrants and represents that s/he has the authority to execute this Agreement on behalf of Vendor and to bind it to the performance of these obligations.
33. Binding Agreement. The parties do not intend this Agreement to be binding upon them and shall not be held liable to its terms until it is fully executed by all required signers.
34. Cumulative Remedies. All rights and remedies of City herein shall be in addition to all other rights and remedies available at law or in equity, including, without limitation, specific performance for the enforcement of this Agreement, and temporary and permanent injunctive relief.
35. Integration; Amendment. This Agreement, including any other documents incorporated herein by specific reference, constitutes the entire and integrated agreement of City and Vendor regarding the subject matter described herein. This Agreement supersedes all prior oral or written communications, negotiations, representations, agreements and promises. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing, signed by both parties, that expressly refers to this Agreement.
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36. Construction. In the event of any asserted ambiguity in or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of construction providing for interpretation against the party who causes the uncertainty to exist or who drafted the Agreement in whole or in part.
37. No Waiver. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Vendor constitute or be construed as a waiver by City of any breach of covenant, or any default that may then exist on the part of Vendor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.
38. Attorneys’ Fees. The prevailing party shall be entitled to recover reasonable costs, attorneys’ fees (including the reasonable value of the services rendered by the City Attorney’s Office) and expenses, including investigation fees and expert witness fees, in addition to any other relieve to which that party may be entitled, in any legal action or other proceeding, including an action for declaratory relief, for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement.
39. Notice. Except as otherwise required by law, a notice or communication authorized or required by this Agreement shall be in writing and shall be deemed received—on (a) the day of delivery if delivered by hand or overnight courier service during City’s regular business hours or (b) on the third business day following deposit in the United States mail, postage prepaid—to the addresses listed as “(11) Addresses for Notice” on the Cover Page or to such other address as one party may notify the other in writing.
40. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original and all of which, when taken together, shall be deemed to be one and the same agreement.
A signed copy of this Agreement transmitted by email to either of City or Vendor’s Project Managers’ emails listed in “(12) Contact Emails” on the Cover Page or by other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes.
41. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
[Signatures on next page]
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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 BLACKPOINTE GROUP CONSTRUCTION
& MANAGEMENT INC.
☒ John C. Zaragoza, Mayor1 Date Victor Schittone, Director/ Secretary2
Date
☐ Alexander Nguyen, City Manager
☐ Daniel Willhite, Purchasing Manager
☐ Buyer
Laurel J. Schittone, CEO 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 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 (company directors, not lower-level managers); 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.
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SCOPE OF SERVICES EXHIBIT
The Vendor shall furnish all necessary labor, materials, equipment and other incidental and appurtenant services to provide Catch Basin Inspection and Cleaning for the City of Oxnard.
The scope of services shall include, but not be limited to:
1. General Requirements
a. Vendor shall inspect every catch basin per the attached schedule and if needed clean catch basin inlets, underground vaults, catch basins, and concrete inlets of debris, sediment, and miscellaneous obstructions. Structures shall be cleaned until all debris is removed from the side walls, bottom, and trash excluder screen if present. b. Prior to cleaning the catch basin, the Vendor shall identify the type of debris in the basin as well as quantify the amount of debris in the basin on a scale of 0-100% capacity. c. The City will supply the Vendor with a GIS application for capturing and storing project and catch basin information.
d. All debris quantities and related work shall be entered into a contractor owned tablet connected to the City’s GIS Storm Drain Database.
e. Vendor shall purchase a license use agreement to the City’s GIS mapping system that will allow for upload of all necessary information of each catch basin as necessary. f. Services can be performed by hand, vacuum combination truck or by other method as approved by the City.
g. The services of this nature are considered to be in a confined space. Vendor shall take all necessary precautions to ensure the safety of employees at all times. h. Catch basins will be field checked by City staff and will be recleaned by Vendor if debris removal is deemed unsatisfactory. The City will not be charged for this supplementary cleaning.
i. Vendor shall develop, submit, and secure approved Traffic control plan for each location as necessary.
j. Vendor shall photograph each catch basin before and after cleaning/ inspection.
2. Catch Basin Inspection
a. Vendor shall arrive at a catch basin, remove the lid or grate, take a photograph of the inside of the catch basin, and quantify debris for removal.
b. After debris is removed, take a photo of the cleaned catch basin, and replace the lid or grate.
3. Catch Basin Cleaning
a. Vendor shall perform catch basin cleaning if debris is observed in a catch basin. b. Debris quantities are entered into the survey form.
c. Vendor shall remove all debris from catch basin, deck, bicycle grate, trash excluder, and invert, and take a photograph of the catch basin once finished. d. Typical debris removed from drains includes trash, leaves, dirt, sand, rock, metal, glass, aluminum cans and other miscellaneous debris.
4. Debris Hauling and Disposal
a. Vendor shall provide transport and disposal of all debris generated as a result of catch basin cleaning. Vendor shall use a disposal site that is properly permitted, regulated, and meets all federal, state, and local guidelines, and provide disposal manifest(s) with every bill. b. Vendor shall ensure that materials from other sources do not contaminate or mix with City’s catch basin waste.
40 Agreement No. A-8428
5. Trash Excluders
a. The City has installed approximately 329 trash excluders in high trash generating catch basins and anticipates installing additional devices.
b. Trash excluders shall be cleaned on a quarterly basis. c. When a trash excluder is encountered, Vendor shall mark the appropriate box on the survey form. d. Vendor shall clean the catch basin and the trash excluder device. e. Vendor shall reinstall trash excluder devices that have become dislodged from their mounts. f. Vendor shall note any trash excluder damage on the survey form and report any trash excluder damage to City personnel immediately.
6. Catch Basin Placards
a. Vendor will be supplied with “No Dumping Drains to Ocean” placards and adhesive. b. Vendor shall replace any missing or illegible placards. c. Placards will be charged on a per-installation basis.
41 Agreement No. A-8428
RATES AND COSTS EXHIBIT
PAYMENT
Vendor shall only invoice for time spent at the locations of service. The City shall not pay for time spent on route or traveling to acquire parts or supplies unless approved by the Project Manager.
The period of performance anticipated for this agreement shall be for three (3) years, with each year renewable in one (1) year increments effective upon signature of an Agreement by both parties, unless terminated earlier. This annual renewal shall be based on mutually acceptable services, cost adjustments, and the City requirements and there is no obligation by the City to purchase any specified amount of goods or services. Updated annual pricing must be submitted to the City in writing, no later than the November 1st preceding the renewal date. Increases shall not exceed the Consumer Price Index for all Urban Consumers (CPI-U) for Los Angeles from the U.S. Bureau of Labor Statistics based on 12-month CPI-U for March.
ITEM
NUMBER DESCRIPTION UNIT TOTAL
1 Inspection Only Catch Basing Each
Lump Sum $17.00
2 Inspection and Cleaning
(including disposal)
Catch Basing Each
Lump Sum $41.17
3 Placard Installation Each $10.00
42 Agreement No. A-8428
SCHEDULE OF SERVICES EXHIBIT
Vendor must verbally respond within 24 hours of telephone notification by the City. The scope of services and schedule shall be mutually agreed to between City staff and Vendor before work begins. Services under this category shall be planned and scheduled Monday through Friday between the hours of 8:00 am and 5:00 pm unless otherwise agreed to by the City.
Cleaning schedule is approximate and is subject to change. The City’s project manager will coordinate with Vendor on a regular basis regarding catch basin cleaning timeframe and expectations.
Month # CB Inspect/ Clean Month # CB Inspect/ Clean
January 0 June 0
February 329 July - September 2547
March 0 October 0
April 329 November 329
May 0 December 0
43 Agreement No. A-8428
LIVING WAGE POLICY EXHIBIT
The Living Wage Policy of the City of Oxnard is hereby adopted by the City Council on July 9, 2002 to be effective October 1, 2002.
1. Pursuant to this Living Wage Policy, Vendor shall pay those employees who provide services to the City under contract:
(a) Effective October 1, 2002, at least $9.00 an hour for the time during which the employee is providing services to the City;
(b) Effective July 1, 2003, at least $9.25 an hour for the time during which the employee is providing services to the City and 32 hours of paid leave per every calendar year in which an employee provides services to the City; (c) Effective July 1, 2004, at least $10.59 an hour for the time during which the employee is providing services to the City and 64 hours of paid leave per every calendar year in which an employee provides services to the City; and (d) Effective July 1, 2005, at least $12.22 an hour for the time during which the employee is providing services to the City and 96 hours of paid leave per every calendar year in which an employee provides services to the City.
2. The hourly rates established in Section 1 shall be adjusted July 1, 2006 and, each July 1 thereafter, according to the percentage change since July 1, 2005 in the Consumer Price Index prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers.
3. A service contractor executing a service contract with the City for which the City will pay the contractor $25,000 or more during the contract term shall be subject to the Living Wage Policy.
4. A service contractor executing more than one service contract with the City, and the combined monetary total of the payments by the City pursuant to such contracts is $25,000 or more for the combined contract terms shall be subject to the Living Wage Policy.
5. This Living Wage Policy shall not govern the following types of contracts for: (a) the purchase, rental or lease of goods, products, equipment, supplies or other personal property; (b) public works projects as defined in State or local law; and (c) professional services.
6. This Living Wage Policy shall not govern the following service contractors: (a) nonprofit entities organized under IRS Code section 501(c)(3); (b) public entities such as cities, counties, special districts, states and the federal government; and (c) businesses employing fewer than five persons.
7. The City Attorney is directed to include in all standard trade services contracts and all contracts involving unique trade services, the language set forth in Exhibit 1 attached hereto and incorporated herein by this reference.
8. If Vendor fails to comply with this Living Wage Policy, the City Manager is directed to terminate the subject service contract immediately and to impose appropriate fines and penalties as set forth in the service contract.
9. The City Manager and the City Attorney are responsible for the administration and enforcement, respectively, of the Living Wage Policy. If an employee of a service contractor governed by the Living Wage Policy concludes that he/she has been retaliated against for the exercise of rights under the Living Wage Policy, the employee should contact the City Manager at 385-7430.
10. The City Manager shall reasonably cooperate with representatives of the Ventura County Living Wage Coalition to ensure the effective administration and enforcement of the Living Wage Policy.
11. This Living Wage Policy may be changed only by City Council and only after a duly noticed public hearing.
12. The City Manager is directed to ensure that the City Council will review the Living Wage Policy as part of the FY 2003- 2004/05 budget process.
44 Agreement No. A-8428
Exhibit 1
Living Wage Policy
Pursuant to the Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in all standard trade services contracts and all unique trade services contracts governed by the Living Wage Policy.
A. Vendor shall compensate any employee of Vendor who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit. While this Agreement is in effect, Vendor shall pay such employee no less than $16.89 per hour for each hour that such employee provides services under this Agreement. In addition, while this Agreement is in effect, Vendor shall provide to such employee no less than 96 hours of paid leave per calendar year.
B. Vendor agrees to post, at a location readily accessible to those employees providing services to the City, a copy of the Living Wage Policy adopted by City Council on July 9, 2002 and effective October 1, 2002.
C. If Vendor fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to Vendor, effective immediately.
D. In addition, if Vendor fails to comply with the Living Wage Policy in any manner, Vendor shall pay to City a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Vendor shall pay such fine and penalty within 15 days after the City Manager or designee provides written notice to Vendor of the amount owed.
45 Agreement No. A-8428
CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2021
42. Vendor shall compensate any employee of Vendor who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit 1. While this Agreement is in effect, Vendor shall pay such employee no less than $16.89 per hour for each hour that such employee provides services under this Agreement. This hourly rate shall be adjusted on July 1, 2022, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982-84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, Vendor shall provide to such employee no less than 96 hours of paid leave per calendar year.
a. Vendor agrees to post, at a location readily accessible to those employees providing services to the City, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002 and effective October 1, 2002. b. If Vendor fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to Vendor, effective immediately. c. In addition, if Vendor fails to comply with the Living Wage Policy in any manner, Vendor shall pay to City a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Vendor shall pay such fine and penalty within 15 days after the City Manager or designee provides written notice to Vendor of the amount owed. d. The foregoing requirements are restated on page 5 of the Agreement for Trade Services.
46 Exhibit INS-B
INSURANCE REQUIREMENTS FOR CONSULTANTS
(WITHOUT 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. 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 affecting coverage required by this Exhibit INS-B. 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 work commences. City reserves the right to require complete certified copies of all required insurance policies at any time.
The certificates of insurance and endorsements shall be sent via email (or fax if necessary) to the Risk Manager, addressed as follows (do not send hard copies):
City of Oxnard Insurance Compliance Reference No. P.O. Box 100085 – OX Duluth, GA 30096 Via Email: [email protected] Via Fax: 678-259-1007
3. 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 by either party, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.
4. Consultant agrees that the commercial general liability and business automobile liability insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of 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 and volunteers. The General liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-B 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 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. Any deductibles or self-insured retentions must be declared to and approved by the Risk Manager. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its City Council, officers, employees and volunteers, or the contractor shall procure a bond guaranteeing payment of losses and related investigations, 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.
47 Exhibit INS-B
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 notes of cancellation.
Endorsement Forms
Original endorsements are required for general liability and automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that you use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the attached.
INS-B.doc
48 Exhibit INS-B
SAMPLE
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 EFFECTIVEDATE (MM/DD/YY) POLICY EXPIRATIONDATE (MM/DD/YY) LIMITS
A GENERAL LIABILITY
[x] COMMERCIAL GENERAL LIABILITY
[x] CLAIMS MADE [x] OCCUR.
[x] OWNER'S & CONTRACTOR'S PROT.
GENERAL AGGREGATE $1,000,000 PRODUCTS COMP/OP AGG. $1,000,000 PERSONAL & ADV. INJURY $1,000,000 EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $
A AUTOMOBILE LIABILITY
[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
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
Rev. 12/21 INS-B.doc
49 Exhibit INS-B
Rev. 12/21 INS-B.doc
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 $ NAMED INSURED coverage. Per Occurrence 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
Underwriter=s representative for claims pursuant to this insurance.
CLAIMS:
Name:
Address:
Telephone: ( )
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or b. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.
Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD
Attn: Insurance Compliance
Reference No._______
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007
AUTHORIZED REPRESENTATIVE
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
50 Exhibit INS-B
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 NAMED INSURED coverage. Per Occurrence Per Claim (which) 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
Rev. 12/21 INS-B.doc
51 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.4
DATE: February 15, 2022
TO: City Council
FROM: Alexander Hamilton, Fire Chief, (805) 385-7700, [email protected] SUBJECT: SAFER Grant Application - no match required.
RECOMMENDATION
That City Council adopts a resolution:
1. Ratifying the submission of a grant application for the Federal Emergency Management Agency (FEMA) FY2021 Staffing for Adequate Fire and Emergency Response (SAFER) Grant in the amount of $2,192,342 to be used for the hiring of six additional firefighters, no local match is required;
2. That authorizes the City Manager or designee to execute the grant agreement if grant 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 during FY2022-2023 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 City of Oxnard is eligible to submit an application for the Fiscal Year (FY) 2021 Staffing for Adequate Fire and Emergency Response (SAFER) Grant in Federal funding from the Federal Emergency Management Agency (FEMA).
The intention of SAFER is to improve local fire departments’ staffing and deployment capabilities so they may more efficiently respond to emergencies. With the enhanced staffing, a SAFER grant recipient’s response time will be reduced sufficiently and an appropriate number of trained personnel will be assembled at the incident scene per the National Fire Protection Association (NFPA) and Occupational Safety and Health Administration (OSHA) regulations.
DISCUSSION
The objectives of the SAFER Program are to assist local fire departments with staffing and deployment capabilities to respond to emergencies and assure that communities have adequate protection from fire and fire-related hazards. Local fire departments accomplish this by improving staffing and deployment capabilities, so they may more effectively and safely respond to emergencies. With enhanced staffing levels, recipients should experience a reduction in response times and an increase in the number of trained personnel assembled at the incident scene.
The Fire Department will apply for six (6) positions to staff a second paramedic squad in the City that will be housed at Fire Station 6, located at 2601 Peninsula Road. Fire Station 6 was chosen to place this second paramedic squad as it is a difficult geographical area to adequately cover with an ambulance. The additional squad will provide enhanced emergency medical services by ensuring there is always a paramedic assigned to that area. 52 If awarded, this grant will increase the total staffing to the Fire Department by six (6) personnel at the firefighter rank, two per shift. The award will fund the salary and benefits for three (3) years with no local match required. If at the end of the performance period the City is not in a position to sustain the paramedic squad the positions could be absorbed into the department and the second paramedic squad shut down. There is no staffing commitment past the period of performance.
The grant period for SAFER funding is May 31, 2023 to May 31, 2026. The application was posted January 3, 2022 with a submission deadline of February 4, 2022. This proposal meets the Council's priority of restoring and possibly increasing paramedic squads.
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
If awarded, the FY2021 SAFER grant provides reimbursement of salary and benefits for a three year period; a total of $2,192,342. The performance period is scheduled to begin May 31, 2023. No local match is required.
The grant will not cover the cost of training, approximately $75,000 per firefighter, or the cost of overtime for any leave that is taken, estimated at $15,000 per employee based on recent trends for new firefighters. General Fund (101) appropriation request will be included in the FY2022-23 proposed budget to fund the cost of training and overtime.
Over the long term (FY 2026 and beyond), after the SAFER grant expires, the City would either have to reduce the workforce by six (6) FTE, or commit General Fund (101) dollars to funding 100% for the six (6) FTE positions going forward.
COMMITTEE OUTCOME
The Community Services, Public Safety, Housing & Development Committee approved 3-0 on January 25, 2022 to approve the staff recommendation and to forward the item for Council approval.
Prepared by: Amy Van Atta, Management Analyst II
ATTACHMENTS
1. SAFER FY21 Resolution
53 CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO. _____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD RATIFYING
SUBMITTAL OF FEDERAL EMERGENCY MANAGEMENT AGENCY GRANT
APPLICATION FOR STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE FUNDS FISCAL YEAR 2021
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 approval for submission of an application to the Federal Emergency Management Agency (FEMA) Staffing for Adequate Fire and Emergency Response Grant in the amount of $2,192,342, with no local match required, for the purpose of increasing Fire Department staff by six (6) full time employee positions.
NOW, THEREFORE, the City Council of the City of Oxnard resolves to approve the submittal of a grant application by the City Manager for Fire Department enhancement. 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 2022-2023 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 15th day of February 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 54 CITY COUNCIL AGENDA REPORT
PUBLIC HEARINGS
AGENDA ITEM NO. M.1
DATE: February 15, 2022
TO: City Council
FROM: Vyto Adomaitis, Community Development Director, (805) 385-7882, [email protected] SUBJECT: TD Enterprise LLC dba Oxnard Holistics - Commercial Cannabis Business Retail Special Use Permit (SUP). (10/15/15)
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 a Resolution Approving the Appeal and overturning the Planning Commission’s Denial of Planning and Zoning Permit No. 21-516-24 (Special Use Permit- Cannabis Retail), subject to certain conditions and findings. (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/3dkfbwFzAE0
BACKGROUND
EXECUTIVE SUMMARY:
On January 13, 2022, the Planning Commission (“Commission”) failed to approve or deny Planning and Zoning Permit No. 21-516-24 (Special Use Permit- Cannabis Retail), a request by the Applicant TD Enterprise LLC dba Oxnard Holistics (“TD Enterprise”) to permit the operation of a commercial cannabis retail facility within an existing 1,740 square-foot commercial suite of a 17,615 square-foot multi-tenant commercial building on a 2.39-acre site within the Commercial Neighborhood Convenience (CNC) zone (Attachments A) at 1015 Harbor Boulevard. Based upon the failure by the Planning Commission to either approve or deny the Special Use Permit- Cannabis Retail, legal counsel ruled that – for due process purposes – the inaction by the Planning Commission would be deemed a denial.
On January 20, 2022, a timely Appeal application was filed by TD Enterprises (“Appellant”) with the City (Attachment B). The Applicant and Appellant are one and the same, and they will be referred to as the “Appellant” throughout the remainder of this staff report. The Appellant submitted a supplemental letter on January 28, 2022 (Attachment C). The Appellant seeks City Council review of the Planning Commission's de facto denial of the Special Use Permit- Cannabis Retail.
Staff recommends the City Council adopt a Resolution to approve the Appeal and overturn the Commission’s denial as the denial was based on procedural grounds resulting in consecutive tie votes of the Commission without any possibility to break the tie votes (Attachment D). The merits of the Appellant's Grounds of Appeal are described below in the 55 Analysis and Discussion section of this staff report. Approval of the Appeal would allow the commercial cannabis retail facility to become operational, subject to project conditions and obtaining the necessary state licenses.
For the benefit of the Council, this staff report provides 1) an extensive background on the Cannabis Ordinance creation and associated application selection and permit process, 2) the specific elements that are required to grant the requested Special Use Permit and a summary of the Findings which were made, 3) a summary of the Appeal, and 4) a discussion of the review and hearing process before the City Council.
BACKGROUND:
Cannabis Regulations
In April 2018, the City Council adopted a cannabis delivery ordinance including permit fees (Ord. No. 2937 - Chapter 11, Article XV). In January 2019, the State legalized cannabis delivery by state-licensed firms and eliminated the City’s ability to regulate cannabis delivery.
On June 18, 2019, the City Council adopted Ord. No. 2960 establishing regulations pertaining to manufacturing, testing, and distribution of cannabis. On October 1, 2019, the City Council adopted Ord. No. 2965, modifying the discretionary permitting process along with other non-substantive ordinance adjustments pertaining to manufacturing, testing, and distribution of cannabis. On December 17, 2019, the City Council adopted Ord. 2972 establishing regulations for retail cannabis (dispensary) uses. On September 15, 2020, the City Council adopted Ord. No. 2985 to permit cannabis retail dispensaries in the downtown zones (“Downtown-Core” and “Downtown-General”), and updated the cannabis regulations in the City’s newly adopted Industrial Code (Chapter 16 of the OCC). On October 20, 2020, the City Council adopted a cannabis local equity program.
On December 1, 2020, the City Council adopted Ord. No. 2994, which repealed and readopted the former City’s Commercial Cannabis Regulations pertaining to cannabis manufacturing, distribution, testing, and retail dispensaries contained in Chapter 11, Article XVII (“Code”), making a number of changes to the ordinance. The City Council also repealed Chapter 11, Article XV (Medical Cannabis Delivery), and Chapter 7, Article XVI (Cannabis and Medical Cannabis Activities) due to State legalization of state-licensed cannabis delivery operators. The above regulations are found within the published Oxnard City Code (OCC).
Commercial Cannabis Retail License Selection
On January 7, 2021, TD Enterprise filed for a request to obtain a Commercial Cannabis Business Permit for a cannabis retail facility during the open application period for a competitive selection process. The City received 51 applications for commercial cannabis retail. The applications were reviewed using a competitive scoring process and the processes involved a four phase process: 1. Application Submittal and Determination of Eligibility, 2. Application Evaluation and Initial Ranking, 3. Interviews and Second Ranking, and 4. Authorization to File an Application for a Special Use Permit at a Specific Location. All awarded applicants must complete all four phases and secure a Special Use Permit in order to successfully commence and inaugurate the Commercial Cannabis Business Permit.
On March 1, 2021, the City Manager approved a list of 13 retail cannabis applicants and three local equity applicants that were invited to apply for a Special Use Permit at specific locations based on the competitive selection process. TD Enterprise was invited to apply for a Special Use Permit at 1015 Harbor Boulevard. In order to successfully commence and inaugurate the Commercial Cannabis Business Permit, TD Enterprise is required to receive approval of a SUP as specified within OCC Section 11-457.
Required Findings to Grant a Special Use Permit
Pursuant to OCC Section 11-485, approval of retail dispensaries shall be through approval of a Special Use Permit.
Pursuant to OCC Section 16-531, in order to grant a Special Use Permit, the following findings must be made:
(A) The nature, condition and development of adjacent uses, buildings and structures shall be considered, and no proposed special use permit shall be granted if the approval body finds such use will adversely affect or be materially detrimental to such adjacent uses, buildings or structures or to the public health, safety or general welfare. 56 (B) The site that is subject to the special use permit shall be adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and items which may be required by section 16-532 (C) The site that is subject to the special use permit shall be served by highways adequate in width and improved as necessary to carry the kind and quantity of traffic such use would generate. (D) The site that is subject to the special use permit shall be provided with adequate sewerage, water, fire protection and storm drainage facilities.
Commercial Cannabis Retail Special Use Permit
On January 13, 2022, the Commission held a public hearing to consider Planning & Zoning Permit No. 21-516-24. At the public hearing, over an approximately three-hour period, the Commission received a presentation by TD Enterprise, heard public testimony, deliberated, and made a motion to approve the project’s Special Use Permit. Approximately 77- minutes of public verbal testimony was also provided by twenty-five individuals. Verbal comments received from sixteen of the twenty-five individuals can generally be summarized as being supportive of the request, and verbal comments from nine of the twenty-five individuals can generally be summarized as being unsupportive of the request.
Supportive comments generally described TD Enterprise’s existing operations at other locations within California as being legal and of a high caliber, the proposed use at 1015 Harbor Boulevard as meeting the Council’s intent, complying with buffer zones for sensitive uses, exceeding City and State regulations, occupying a vacant commercial space, being an upgrade to the existing shopping center, diversifying Oxnard’s industries, providing 24-hour security to the shopping center and surrounding properties, supportive of workers, and supportive of youth organizations. Of note, Port Hueneme Police Chief Salinas described the City of Port Hueneme’s experience of neighboring businesses having benefited due to an increase in visitors to the area, highlighted that crime rates adjacent to cannabis dispensaries have dropped in Port Hueneme since the cannabis dispensaries opened due to the additional security measures, and identified that loitering has not been an issue for cannabis dispensaries.
Comments opposing the project generally described the proposed use as not being compatible with the character of the shopping center’s tenants or neighborhood, not family friendly, not good for property values, not providing a barrier between residential uses, not complying with the buffer zones for sensitive uses, questioned the suitability of the site, increasing potential for crime, providing unnecessary video monitoring, potential for consumption on or off the property, contributing to homelessness issues, contributing to increased traffic, contributing to an oversaturation of dispensaries in the area when Port Hueneme’s dispensaries are considered, able to force businesses out of the shopping center if they utilize parking spaces, not providing enough parking, not having conducted adequate outreach, and not being exempt from the California Environmental Quality Act.
Following the public testimony and deliberations, the Commission voted on two motions. The first was a motion to Approve the project as submitted as the project met all of the required Special Use Permit Findings found in OCC Section 16-531, and the second motion was a Motion of Intent to Deny the project as Findings 2 (general welfare) and 4 (highway - incompatibility) could not be made. These two motions both failed as a result of two tie votes (3 to 3, with one Commissioner recused). Based upon the failure by the Planning Commission to either approve or deny the Special Use Permit- Cannabis Retail, legal counsel ruled that – for due process purposes – the inaction by the Planning Commission would be deemed a denial. As a majority of Commissioners were not able to agree to an approval or denial, the Commission did not adopt a Resolution to approve or deny the project.
On January 20, 2022, the Appellant filed a timely Appeal application with the City (Attachment B).
On January 28, 2022, the Appellant submitted a supplemental letter to the City to be added to their Appeal application (Attachment C). The supplemental letter did not raise any additional Appeal items but provided an additional narrative to their Appeal application.
ANALYSIS/DISCUSSION:
The Appellant has appealed the decision of the Commission primarily because the Appellant believes the Findings staff 57 proposed are appropriate and should be made by the City Council to approve the project.
Summary of the Appeal
The Appellant provided seven formal Grounds of Appeal in their Appeal application. The Grounds of Appeal can be summarized to include:
1) As demonstrated by the record and Planning staff’s recommendation, the Project satisfies the required SUP findings set forth in City Code Section 16-531 and as outlined in Planning staff’s proposed Resolution 2022-XX, 2) The Project meets all applicable zoning requirements for the proposed commercial cannabis retail business, 3) The Project is appropriately conditioned, as recommended by Planning staff, to address community concerns regarding the operation of the Project near residential neighborhoods, 4) The Planning Commission improperly denied the Project based on conclusions that are inconsistent with evidence in the record, against the recommendation of the City’s own experts, and contradictory to the Planning Commission’s prior approval of other SUP applications for commercial cannabis retail businesses near residential uses in the City, 5) The Oxnard Shores neighbors’ concerns regarding environmental and traffic issues have been addressed by Planning staff in its comprehensive CEQA review of the Project,
6) The applicant has undertaken substantial efforts to engage with community stakeholders, including the few Oxnard Shores residents who oppose the Project, and is committed to continuing their engagement as a responsible operator and stakeholder in the City, and
7) The City conducted an extensive public process prior to the City Council’s final adoption of its commercial cannabis regulations (Chapter 11, Article XVII), which provided the public ample opportunity to object to the allowance of commercial cannabis retail businesses in the City, including on the Site.
The Appellant's seven Grounds of Appeal are noted below, verbatim in italicized text, with staff’s response following each ground of appeal.
Ground of Appeal 1: “As demonstrated by the record and Planning staff’s recommendation, the Project satisfies the required SUP findings set forth in City Code Section 16-531 and as outlined in Planning staff’s proposed Resolution 2022-XX, attached hereto as Exhibit 1”
Staff Response 1:
Staff agrees with Ground of Appeal 1. The Appellant’s project met the required SUP findings outlined within Oxnard City Code (OCC) Section 16-531 (Attachment X). Furthermore, the Project was reviewed by the Cannabis Review Committee (CRC) and recommended for approval by meeting all the cannabis retail requirements outlined within Article XVII. Commercial Cannabis Activity of the OCC. Based on the complete record, including the staff report and draft Commission Resolution, which included 188 conditions of approval which were crafted for compliance with the requirements to ensure operational standards were met.
Ground of Appeal 2: “The Project meets all applicable zoning requirements for the proposed commercial cannabis retail business”
Staff Response 2:
Staff agrees with Ground of Appeal 2. As outlined in staff’s response to Ground of Appeal 1, the Project was thoroughly reviewed by the CRC and other staff prior to the public hearing for compliance with both SUP Findings as required by OCC Section 16-531 and cannabis retail requirements outlined within Article XVII. The administrative record, which includes the staff report, supplemental staff transmittal memorandums, and draft Resolution demonstrates the project meets all requirements for project approval.
Ground of Appeal 3: “The Project is appropriately conditioned, as recommended by Planning staff, to address community concerns regarding the operation of the Project near residential neighborhoods” Staff Response 3:
Staff agrees with Ground of Appeal 3. The CRC and other staff reviewed and conditioned the Project so the Project would meet the requirements for cannabis retail use as outlined within OCC Section 16-531. The draft Resolution incorporated 188 conditions of approval to specifically address operational, security, and reporting issues which may concern adjacent residences or businesses within the shopping center. 58 As outlined in the staff report and draft resolution, the Project will be located within the Coastal Neighborhood Commercial (CNC) zone, which allows for retail use. The purpose of the CNC zone is to protect an area of established shopping convenience and personal services to serve the existing coastal residential community of Oxnard Shores and the public who visit the area. The CNC zone provides a wide range of commercial/recreational opportunities for both the visiting public and the residents of the city, including retail. Other more intense uses, such as restaurants, are allowed uses within the CNC zone which do not require a Special Use Permit.
The Project’s location complies with the requirements of OCC Section 11-473 - Location and Design of Cannabis Businesses,which allows for cannabis retail uses subject to approval of a SUP. The proposed retail cannabis use requires a Special Use Permit to ensure operational characteristics of the business will be both compatible with and not adversely affect or be materially detrimental to the other uses, buildings or structures within the shopping center or the adjacent residential uses.
The Project is not located closer than 600 feet from the following outlined uses:
Any school providing institutions in kindergarten or any grades 1 through 12, whether public, private, charter, including pre-school, transitional kindergarten, and K-12.
A commercial daycare center licensed by the city or county that is in existence at the time the license is issued, unless the State licensing authority or the City specifies a different radius.
A youth center that is in existence at the time the license is issued, unless the State licensing authority or the City specifies a different radius.
Of the 188 project conditions, Condition 63 specifies that no cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of any property issued a commercial cannabis business permit, or on any of the vehicles owned or used as part of the commercial cannabis business, and Condition 63 specifies that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the commercial cannabis business is prohibited.
The OCC does not impose a minimum distance requirement for cannabis retail based on the proximity of residentially zoned properties. Additionally, the Project 188 conditions of approval were drafted to ensure compliance with cannabis retail uses and Special Use Permit requirements.
Ground of Appeal 4: “The CPC improperly denied the Project based on conclusions that are inconsistent with evidence in the record, against the recommendation of the City’s own experts, and contradictory to CPC’s prior approval of other SUP applications for commercial cannabis retail businesses near residential uses in the City” Staff Response 4:
Staff disagrees with Ground of Appeal 4 as a majority of Commissioners did not make specific conclusions or findings regarding the Project. Based upon the failure by the Planning Commission to either approve or deny the Special Use Permit- Cannabis Retail, legal counsel ruled that – for due process purposes – the inaction by the Planning Commission would be deemed a denial.
Absent a majority vote from the Commissioners, staff recommends the City Council approve the project based on the original Findings and conditions originally proposed to the Commission.
Ground of Appeal 5: “The Oxnard Shores neighbors’ concerns regarding environmental and traffic issues have been addressed by Planning staff in its comprehensive CEQA review of the Project” Staff Response 5:
Staff agrees with Ground of Appeal 5. The CEQA Categorical Exemption Section 15301 (Existing Facilities) and Section 15300.2 (Exception to the Exemptions) apply to this project. As described in the Commission staff report and City Council draft Resolution (Attachments A & D), the Project results in “negligible or no expansion of use beyond that existing at the time of the lead agency’s determination” as the Project involves a request to sell retail cannabis products within an existing commercial building previously used to sell retail goods. The project request will not increase the square footage of the existing building. None of the exceptions defeat the exemption.
Ground of Appeal 6: “Applicant has undertaken substantial efforts to engage with community stakeholders, including the 59 few Oxnard Shores residents who oppose the Project, and is committed to continuing their engagement as a responsible operator and stakeholder in the City”
Staff Response 6:
Staff can confirm the Appellant engaged in public outreach both through and outside the City’s formal public outreach process.
The Project has had robust discussions at the City’s Community Workshop and Planning Commission meetings. TD Enterprise participated in the Community Workshop on November 15, 2021. The site was posted with Project details and Community Workshop information, and the Developer mailed out 3,330 meeting agenda notices to the residents of Oxnard Shores and Oxnard Dunes. A total of 28 community members attended the meeting, which resulted in 12 comments being provided. The Community Workshop’s Questions and Answer process with the TD Enterprise and community members lasted approximately 2 hours and 25 minutes. The Planning Commission meeting lasted approximately 3 hours and 15 minutes, of which a substantial amount of time involved public comment and Planning Commissioners asking questions of the TD Enterprises team and City staff. At each meeting, TD Enterprises offered contact information to facilitate future conversations with the community in an effort to resolve issues raised.
Furthermore, outside the City’s formal public outreach process, TD Enterprises has engaged in public outreach by sending out mailers to the community and by providing an informational open house at Embassy Suites - Mandalay Bay on November 4, 2021.
Ground of Appeal 7: “The City conducted an extensive public process prior to the City Council’s final adoption of its commercial cannabis regulations (Chapter 11, Article XVII), which provided the public ample opportunity to object to the alliance of commercial cannabis retail businesses in the City, including on the Site.” Staff Response 7:
While the City of Oxnard did have multiple public hearings regarding the adoption of the City’s cannabis regulations, these regulations (Oxnard City Code Section 11-450 et. seq.) do not authorize retail cannabis dispensaries at specific locations and did not analyze each potential site. Instead, City cannabis regulations identify specific areas in which cannabis retail dispensaries are conceptually permitted, with the actual siting of each cannabis retail dispensary subject to land use siting criteria, buffer requirements, a competitive selection process which resulted in 16 applicants being invited to apply for a Special Use Permit for a specific location, and requiring a Special Use Permit to be approved by the Planning Commission or the City Council (if the Planning Commission’s approval or denial of the special use permit is appealed).
Appeal Review and Hearing Process Before the City Council Pursuant to OCC Section 16-548, the City Council is provided with Review and Hearing Procedures and Quorum standards.
(A) A review of an Appeal from a decision of the Commission may be heard de novo. (B) On hearing the review or Appeal, the City Council shall primarily consider the issues raised by the grounds specified in the notice of review or Appeal, but shall not be restricted thereto. (C) The City Council may promulgate additional rules of procedure for review or Appeal hearings. (D) Rules governing evidence and procedure relating to review and Appeal hearings shall be liberally construed to effect enlightened consideration and determination by the City Council.
The staff highlights that per the above procedures, the City Council is primarily considering the issues raised on the grounds specified in the notice of review or Appeal, but the City Council is not restricted to those issues.
Conclusion:
The Appellant requests the Planning Commission's approval of the project be overturned based on the seven appeal grounds.
Based on the above Analysis/Discussion Section, staff provided an analysis of each of the seven items the Appellant raised in their letter submitted to the Planning Commission. Staff’s responses collectively demonstrate the Appeal 60 contains merit, and the Appeal should overturn the Commission’s de facto denial. Furthermore, the City Council staff report, attachments, and Resolution provide substantial evidence in the record for the City Council to be able to conclude that all of the required Special Use Permit Findings found in OCC Section 16-531 have been made. Staff believes the required findings are well documented and the City Council is in a position to approve the requested Special Use Permit.
Thus, staff recommends that City Council uphold the Appeal and overturn the Planning Commission’s Denial of the project and Approve the project with the specific Findings outlined in the draft City Council Resolution (Attachment D). Pursuant to OCC Section 16-551, the decision of the City Council is final.
STRATEGIC PRIORITIES
This agenda item supports Economic Development strategy. The purpose of the Economic Development strategy is to focus on the retention and expansion of Oxnard businesses by increasing the skills and employability of our local workforce, encouraging new business investments, and targeting site-based redevelopment opportunities.
FINANCIAL IMPACT
Denial of this request would permit the operation of a commercial cannabis retail facility at 1015 Harbor Boulevard. The commercial cannabis retail facility would generate sales tax revenue for the City, and, as conditioned, would require a one-time payment of $250,000 and a donation of 1% of gross revenues to the City of Oxnard.
COMMITTEE OUTCOME
This item is a public hearing and was heard by the Planning Commission; therefore, this item did not originate in Committee.
Prepared by: Scott Kolwitz, Planning Manager
ATTACHMENTS
1. Attachment A Staff Report and Transmittal Letter 1-4 PZ No. 21-516-24
2. Attachment B Applicant Letter of Appeal (SUP No. 21-516-024)
3. Attachment C Supplement to Appeal of City Planning Commission's Determination re SUP No. 21-516-024, 4895- 4905-7547 v 1
4. Attachment D Draft City Council Resolution 21-516-24
5. Attachment E PZ No. 21-516-24 Appeal Presentation CC 61 PLANNING COMMISSION
STAFF REPORT
TO: Planning Commision
FROM: Jose Coyotl, Associate Planner
DATE: January 13, 2021
SUBJECT: Project Name: TD Enterprise LLC dba Oxnard Holistics - Commercial Cannabis Business Retail Special Use Permit (SUP); Planning and Zoning Permit No. 21-516-24 (Retail); Located at 1015 Harbor Boulevard (APN:
191-0-075-015).
1) Recommendation: That the Planning Commission (“Commission”) a) Finds the Project to be Categorically Exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15301 (Existing Facilities), and
b) Adopt Resolution 2022-XX approving Planning and Zoning Permit No. 21-516-24 (Special Use Permit – Cannabis: Retail), subject to certain findings and conditions. 2) Project Description and Applicant: A request to permit the operation of a commercial cannabis retail facility within an existing 1,740 square-foot commercial suite of a 17,615 square-foot multi-tenant commercial building on a 2.39-acre site located at 1015 Harbor Boulevard (APN: 191-0-075-015) within the Commercial Neighborhood Convenience (CNC) zone. Proposed development includes tenant improvements: installation of interior wall partitioning, plumbing upgrades, upgrades to an existing fire alarm system, security upgrades to the existing building, and installation of new secure doors/windows (Attachments A and B). Cannabis retail operations will be conducted between the hours from 9:00 AM to 9:00 PM daily. For the purposes of this Staff Report, the foregoing project description shall be referred to as the “Project”. Filed by Kristine Byers (“Applicant”), 2801 B Street Unit 161, San Diego, CA 92101, on behalf of TD Enterprise, LLC. dba Oxnard Holistics.
3) Existing & Surrounding Land Uses: The 2.39-acre property is developed with a 17,615 square-foot multi-tenant commercial building, and 108 associated parking spaces.
The project will be located within the 17,615 square-foot multi-tenant commercial building located at 1015 Harbor Boulevard. The nearest youth center is Neptune Square Park, located approximately 1,309 feet southwest of the project site which is outside the required 62 PZ No. 21-516-24, TD Enterprise, LLC. dba Oxnard Holistics (Cannabis Retail - SUP) Planning Commission Hearing Date: January 13, 2022
600-foot radius away from a sensitive use. The following table identifies the General Plan and zoning designations of the project site and adjacent properties:
LOCATION GENERAL PLAN ZONING EXISTING LAND USE
Project Site Visitor Serving Center
(VSC)
Coastal Neighborhood
Commercial (CNC)
Multi-tenant commercial
shopping center.
North Residential Exiting
(REX)
Single-Family Beach
(R-B-1)
Single-family homes.
South REX and VSC Garden Apartment
Coastal (R-3-C) and
CNC
Multi-family homes and
vacant commercial lot.
East REX Coastal Low-Density
Multiple Family) R-2-C
and R-3-C
Multi-family homes.
West REX R-B-1 and R-3-C Single-family and
multi-family homes.
4) Background Information:
Cannabis Regulations
In April 2018, the City Council adopted a cannabis delivery ordinance including permit fees (Ord. No. 2937 - Chapter 11, Article XV). In January 2019, the State legalized cannabis delivery by state-licensed firms and eliminated the City’s ability to regulate cannabis delivery.
On June 18, 2019, the City Council adopted Ord. No. 2960 establishing regulations pertaining to manufacturing, testing, and distribution of cannabis. On October, 1, 2019, the City Council adopted Ord. No. 2965, modifying the discretionary permitting process along with other non-substantive ordinance adjustments pertaining to manufacturing, testing, and distribution of cannabis. On December 17, 2019, the City Council adopted Ord. 2972 establishing regulations for retail cannabis (dispensary) uses. On September 15, 2020, the City Council adopted Ord. No. 2985 to permit cannabis retail dispensaries in the downtown zones (“Downtown-Core” and “Downtown-General”), and updated the cannabis regulations in the City’s newly adopted Industrial Code (Chapter 16 of the OCC). On October 20, 2020, the City Council adopted a cannabis local equity program.
On December 1, 2020, the City Council adopted Ord. No. 2994 (Attachment C) establishing regulations to repeal and readopt the former City’s Commercial Cannabis Regulations pertaining to cannabis manufacturing, distribution, testing, and retail dispensaries contained in Chapter 11, Article XVII (“Code”). The adapted ordinance made modifications to implement the City’s Local Equity Cannabis program, update appeal provisions, and made a number of other nonsubstantive updates to the existing cannabis regulations. The City 63 PZ No. 21-516-24, TD Enterprise, LLC. dba Oxnard Holistics (Cannabis Retail - SUP) Planning Commission Hearing Date: January 13, 2022
Council also repealed Chapter 11, Article XV (Medical Cannabis Delivery), and Chapter 7, Article XVI (Cannabis and Medical Cannabis Activities) due to State legalization of state-licensed cannabis delivery operators.
Development History
The site was originally developed in the mid-1960s. Since the initial construction to present day, permits for various tenant improvements have been approved to accommodate the turnover of retail and restaurant establishments.
Commercial Cannabis Retail License Selection
On January 7, 2021, TD Enterprise LLC dba Oxnard Holistics filed for a request to obtain a Commercial Cannabis Business Permit for a 1,320 square-foot cannabis retail facility.
On March 1, 2021, TD Enterprise LLC dba Oxnard Holistics was awarded a conditional Commercial Cannabis Business Permit for cannabis retail (Attachment D). In order to successfully commence and inaugurate the Commercial Cannabis Business Permit, TD Enterprise LLC dba Oxnard Holistics is required to receive approval of a SUP as specified within OCC Section 11-457.
5) Environmental Determination:
In accordance with Section 15301, Class 1 (Existing Facilities) of the State California Environmental Quality Act (CEQA) Guidelines, projects involving “negligible or no expansion of use beyond that existing at the time of the lead agency’s determination” may be found to be exempt from the requirements of CEQA. The Project involves a request for retailing of cannabis products within an existing commercial building, the project request will not increase the square footage of the existing building. None of the Exceptions to the Exemptions (Section 15300.2) apply to the Project to make the Exemption inapplicable.
Therefore, Staff recommends that the Planning Commission find that the Project is Categorically Exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15301 (Existing Facilities) (Attachment E). 6) Analysis:
a) General Discussion:
As discussed below, the Project has been found to be consistent with the General Plan, Coastal Neighborhood Commercial zone, and the OCC.
In accordance with OCC Section 11-473(A) and 11-473(B), permitted uses within the Visitor Serving Center zone, includes a commercial cannabis business retail of cannabis, provided that the owner has first obtained a commercial cannabis business permit per discretionary cannabis use pursuant to Article XVI, Chapter 11 of the OCC (SUP for retail). The site will be secure at all times by the use of proper security measures as 64 PZ No. 21-516-24, TD Enterprise, LLC. dba Oxnard Holistics (Cannabis Retail - SUP) Planning Commission Hearing Date: January 13, 2022
reviewed by the Police Department.
b) General Plan, Local Coastal Program, and Zoning Consistency:
General Plan Consistency:
The City’s 2030 General Plan land use designation for the subject site is Visitor Serving Center (VSC), which provides for the development of areas of commercial uses designated to serve visitors to the area. Permitted uses include hotels, motels, restaurants, and specialty retail. The proposed Project is consistent with the 2030 General Plan and the property’s land use designation (Attachment F).
In addition to being subject to the 2030 General Plan, the proposed development is subject to the Coastal Act and Local Coastal Plan. The applicable policies have been compared with the proposed project as follows:
Coastal Act Policies (CA) and Local Coastal Plan (LCP) Policies POLICY
NO.
POLICY EXPLANATION
CAP
30250
New development shall be located
within, contiguous with, or in close
proximity to existing developed areas
able to accommodate it.
The project will be located within
an existing commercial shopping
center limiting the impact to
surrounding land uses.
CAP
30252
The Location and amount of new
development should maintain and
enhance public access to the cast by:
a. Facilitating the provision or
extension of transit service.
b. Providing commercial
facilities within or adjoining
residential development or in
other areas that will minimize
the use of coastal access
roads.
c. Providing nonautomobile
circulation within the
development.
d. Providing adequate parking
facilities or providing
The Project will operate in an
existing shopping center that
provides adequate parking
facilities and has direct access to
South Harbor Boulevard and
West Wooley Road and
associated transit services.
Additionally, as part of the
Project a condition of approval
includes the installation of 10
bicycle storage spaces to help
promote alternative non
automotive modes of
transportation.
65 PZ No. 21-516-24, TD Enterprise, LLC. dba Oxnard Holistics (Cannabis Retail - SUP) Planning Commission Hearing Date: January 13, 2022
substitute means of servicing
the development with public
transportation.
e. Assuring the potential for
public tanist for high-intensity
use such as high-rise
residential office buildings.
f. Assuring that the recreational
needs to new residents that
will not overload nearby
coastal recreation
development areas by
correlating the amount of
development with local park
acquisition and development
plans with the provision of
on-site recreational facilities
to serve the new development.
Local
Coastal
Policy
(LCP)
No. 83
Uses permitted in area designated
visitor - serving commercial shall be
primarily visitor-serving in nature,
including hotels, motels, restaurants,
and specialty retail. Neighborhood
convenience uses may be
conditionally permitted. Commercial
areas shall be well-designated
aesthetically. Possible techniques
include innovative landscape and
theme architecture. Parking areas
shall include bicycle parking spaces.
It is the City’s policy to encourage a
mix of commercial visitor-serving
uses to meet the needs of all
economic groups. Thus, facilities that
will be affordable to families of low
and moderate income will be
encouraged.
The Project will serve both
visitor and residential
neighborhoods by providing
cannabis specialty retail products
via a Special Use Permit within
an established shopping center
that meets the design standards
mentioned in LCP No. 83.
Furthermore, the Project was
conditioned to include 10 new
bicycle spaces thus improving the
opportunity for more cycling in
the coastal area.
66 PZ No. 21-516-24, TD Enterprise, LLC. dba Oxnard Holistics (Cannabis Retail - SUP) Planning Commission Hearing Date: January 13, 2022
Zoning Consistency:
The Project is within the Coastal Neighborhood Commercial (CNC) zone. The purpose of the CNC zone is to protect an area of established convenience shopping and personal services to serve the existing coastal residential community of Oxnard Shores and the public who visit the area. The CNC zone provides a wide range of commercial/recreational opportunities for both the visiting public and the residents of the city, including retail. As demonstrated within the table of Attachment G, the Project is in compliance with the CNC zone.
Location and Design of Cannabis Business Requirements:
In accordance with OCC Section 11-473 (Location and Design of Cannabis Business), the retail sale of cannabis products is a conceptually permitted use on the property subject to relevant requirements. As demonstrated in the table of Attachment H, the Project has been found to be in compliance with Section 11-473.
As demonstrated within the referenced table attachments, this Project is consistent with the City’s General Plan, General Commercial Planned Development zone, and Section 11-473 (Location and Design of Cannabis Business). Therefore, with approval of this permit, the proposed use is consistent with the zoning designation of the property. c) Circulation and Parking:
Vehicular access to the site will occur via one existing approximately 30-foot drive aisles off West Wooley Road, one drive ailes approximately 25-foot drive aisles off Harbor Boulevard Service Road, and two approximately 25-foot drive aisles off Outrigger Way public alleyway. In order to minimize security issues unloading of cannabis products, the project will utilize a legal nonconforming loading zone along the east side of the buildings accessed by a service door to the tenant space. In order to comply with parking requirements for the proposed cannabis retail use, the applicant will be making modifications to the existing parking configuration resulting in 108 parking spaces which includes: 4 ADA, 34 standard, 66 compact, and 4 motorcycle parking stalls. Required parking is provided as follows:
USE TYPE &
SQUARE
FOOTAGE
PARKING
STANDARD
PARKING
REQUIRED
PROPOSED COMPLIES?
Shopping Center
15,875 square
feet
1 per 250 square feet
of area 64
108
Yes
Retail Cannabis
Use
1,740 square
feet
1 per 250 square feet
of area 7 Yes
67 PZ No. 21-516-24, TD Enterprise, LLC. dba Oxnard Holistics (Cannabis Retail - SUP) Planning Commission Hearing Date: January 13, 2022
Uses with More
than 25
Automobile
Parking Spaces
1 designated space
for use by motorcycle 1
4 (included in the 108
parking spaces) Yes
Shopping Center Five spaces at each
mall entrance 10 A minimum of 10 spaces Yes, asconditioned Total Provided
Parking: : 71 Parking Spaces 108 Parking Spaces
10 Bicycle Spaces 10 Bicycle Spaces
d) Police Department Review:
With implementation of the recommended operating conditions, the Police Department anticipates the retail of cannabis products will have little, if any, adverse impact on area crime or demand for policing services. Furthermore, Port Hueneme Chief of Police Andrew Salina has made public comments during other cannabis public hearings outlining the reduction in crime Port Hueneme has experienced in areas adjacent to commercial cannabis retailers as a direct result of their operational characteristics including the use of upgraded security systems, private security, and other site-specific security plans. Several conditions of approval have been incorporated into the draft resolutions of approval (Attachments I) in order to reduce the risk for potential policing problems in the future. The Applicant has accepted all proposed conditions of approval. 7) Cannabis Review Committee:
The Project was reviewed by the Cannabis Review Committee (CRC) on September 7, 2021.
Conditions of approval from CRC are included in the attached Resolution. 8) Community Workshop and Public Input:
The project site is located within the Oxnard Shores. On November 4, 2021, the site was posted with Project details and Community Workshop information, and the Developer mailed out 3,330 meeting agenda notices to the residents of Oxnard Shores and Oxnard Dunes. On November 15, 2021, the project was presented to the public during a Community Workshop meeting. There were 28 members that participated at the Community Workshop for this item.
Staff received 12 comments during the meeting regarding the cannabis retail facility which are summarized below.
● 11 of the comments received highlighted the following 7 categories:
a) Increased crime and security issues within the existing shopping center and the possible issues for the neighboring residents.
b) The cannabis process did not conduct enough public outreach with the residents of Oxnard Shores and Dunes until the project was submitted for a Special Use Permit.
c) The cannabis retailer does not provide a benefit to the neighboring residents. d) There is a concentration of adult uses within the existing shopping center which include alcohol sales.
68 PZ No. 21-516-24, TD Enterprise, LLC. dba Oxnard Holistics (Cannabis Retail - SUP) Planning Commission Hearing Date: January 13, 2022
e) The project should be reviewed for compliance with CEQA based on the retail and delivery component of cannabis retail uses.
f) Cannabis retail is not a suitable use for the shopping center and residential coastal area.
g) The City should reevaluate applying a 600 foot minimum distance to residential properties.
● 1 comment outlined support for the project based on the applicant meeting all the City requirements, likely being a positive business, and possibly reducing crime in the immediate shopping center.
Following the Community Workshop Staff has received an additional six (6) comment letters from the general public (Attachment J).
9) Appeal Procedure:
In accordance with OCC Section 16-545, the Planning Commission's action on Planning and Zoning Permit No. 21-516-24 (Commercial Cannabis Retail- Special Use permit) may be appealed to the City Council within 18 days after the decision date. Appeal forms may be obtained from the City Clerk’s Office and must be submitted with the appropriate fees before the end of the appeal period. If an appeal to the City Council is not filed within 18 days of the Planning Commission's decision, the decision of the Planning Commission shall be deemed final.
Attachments:
A. Maps (Vicinity, General Plan, Zoning, Aerial)
B. Reduced Project Plans
C. Cannabis Ordinance No. 2994
D. TD Enterprise LLC dba Oxnard Holistics Conditional Commercial Cannabis Business Permit
E. Notice of Exemption
F. 2030 General Plan Consistency Chart
G. Zoning Consistency Chart
H. Location and Design of Cannabis Business Consistency Chart I. Draft Resolution of Approval for Commercial Cannabis Retail J. Public Comment Letters
K. Staff Presentation
69 Attachment
A. Maps (Vicinity, General Plan, Zoning, Aerial)
70 PZ 21-516-24
FIFTH ST H ST
C ST
VENTURA RD
OXNARD BLVD
RICE AVE
HUENEME RD
J ST
GONZALES RD
VINEYARD AVE
WOOLEY RD
BARD RD
101 FRWY
SAVIERS RD
DORIS AVE
CENTRAL AVE
ROSE AVE
CASPER RD
THIRD ST
23RD AVE
CAMINO DEL SOL
D ST
BRISTOL RD
ARNOLD RD
NINTH ST
OLIVAS PARK DR
WEST RD
NAUMAN RD
TEAL CLUB RD
PERIMETER RD
HARBOR BLVD
MARKET ST
G ST
OCEAN
DR
T
B ST RACK 13 RD
OLDS RD
32ND AVE
YUCCA ST
DEL NORTE BLVD
PATTERSON RD
CHANNEL ISLANDS BLVD
VICTORIA AVE
ELM ST
PERKINS RD
ETTING RD
F ST
PACIFIC AVE
5TH PL
PALMA DR
6TH ST
SANTA CLARA AVE
N ST
ENTRADA DR
CLARA ST
WALKER ST
WALNUT DR
BALBOA ST
DUNKIRK DR
SIMON WAY
ORANGE DR
STROUBE ST
5TH ST
EMERSON AVE
JOLIET PL
ALLEY
EBONY DR
KENTIA ST
HILL ST
I ST
SAN JUAN AVE
PATRICIA ST
A ST
VENTURA BLVD
EASTMAN AVE
TRACK 14 RD
REDWOOD ST GISLER AVE
FIR AVE
M ST
TERESA ST
PENINSULA RD
OFFSHORE ST
AZALEA ST
VICTORIA AV
11TH AVE
WILLIAMS DR
DONLON
ST
APPLE LN
LEI DR
STATHAM BLVD
OLIVE ST
LATIGO AVE
ARCTURUS AVE
K ST
BUTLER RD
ALBION DR
SURFSIDE DR
SWAN ST
NINA DR GARY DR
STURGIS RD
MOUNTAIN VIEW AVE
E ST
SAN MATEO PL
LAMBERT ST
SIKORSKY ST
JANETWOOD DR
ASH ST
DOCK 1
JOAN WAY
BEAUMONT AVE
PAVIN DR
NELSON PL
HARBOR
SERVICE
RD
OXFORD DR
HOLLY AVE
VENICE RD WESTAR DR
AVILA PL
BLANCA PL
SEABRIDGE LN
CAMINO AVE
BAYVIEW DR
ELBA
ST
SCOTT ST
OCEAN DR
ALLEY
GONZALES RD
PATTERSON RD
ALLEY
101 FRWY
B ST ALLEY
CHANNEL ISLANDS BLVD
HARBOR
BLVD
R CI E AVE
M ST
VICTORIA AVE
ETTING RD
F ST
C ST
Vicinity Map
0 0.5 1 1.5 2
Miles
North
Pacific Ocean
N
December 21, 2021
Oxnard Planning
1:70,000
Santa Clara River
PZ 21-516-24
Location: 1015 Harbor Blvd
APN: 1910075015
Oxnard Holistics
Vicinity Map
71 REX
VSC
RP
REC
HARBOR
BLVD
DUNES
ST
WOOLEY RD
ALLEY
HARBOR
SERVICE
BLVD
TERRAMAR WAY
WHITECAP ST
CATAMARA
N
ST
SEALANE WAY
MOONSTONE WAY
OUTRIGGER WAY
WAVECREST WAY
BEACHCOMBER ST
SEABREEZE WAY
BREAKWATER WAY
SANDPIPER WAY
DUNES CIR
SEAHORSE
WAY
SURFRIDER WAY
SEAHORSE
WAY
2030 General Plan Land Use Map
0 75 150 300
Feet
2030 General Plan Land Use Map
December 21, 2021 1:3,000
Oxnard Planning
PZ 21-516-24
Location: 1015 Harbor Blvd
APN: 1910075015
Oxnard Holistics
VSC
72 HARBOR
BLVD
DUNES
ST
WOOLEY RD
ALLEY
HARBOR
SERVICE
BLVD
SEALANE WAY
TERRAMAR WAY
CATAMARAN
ST
WHITECAP ST
MOONSTONE WAY
OUTRIGGER WAY
WAVECREST WAY
CORAL WAY
SEABREEZE WAY
BREAKWATER WAY
BEACHCOMBER ST
CANAL
ST
SANDPIPER WAY
DUNES CIR
SEAHORSE
WAY
MANDALAY BEACH RD
SEAHORSE
WAY
R2C
RPAH
R3C
RB1
CNC
RP
CR
Zoning/Specific Plan Map
Zoning/Specific Plan Map
0 50 100 200 300 400
Feet
December 21 2021 1:3,000
Oxnard Planning
PZ 21-516-24
Location: 1015 Harbor Blvd
APN: 1910075015
Oxnard Holistics
CNC
73 74
Attachment
B. Reduced Project Plans
75 Kristi Byers, Architect
Architecture Design Sustainability
Drawing Name:
Drawing Number:
Drawing Preparation and Revision Dates Oxnard Holistics - Cannabis Retail Shop Special Use Permit 1015 Harbor Boulevard Oxnard, California 93035 Project:
Development Summary
Project Narrative:
Project Team: Client: TD Enterprise LLC
6847 Avenida Andorra
La Jolla, CA 92037
Contact: Tony Hall
[email protected]
619.807.7044
Legal Description: Tract: 127701, Lot: 115, Ref: 029Mr 061 APN: 191-0-075-015
Project Address: 1015 Harbor Boulevard
Oxnard, CA 93035
Sheet Index: T0.00 Development Summary & Vicinity Map
A1.00 Site Plan & Parking Calculations
A1.50 Egress Plan
A2.00 Floor Plan
A3.00 Partial Exterior Elevations
Type of Construction: Type 5-B
Occupancy Classification: Existing: B - Office
Proposed: M - Commercial
Zoning & Overlays: Base Zone: CNC - Coastal Neighborhood Commercial Gross Area: Gross Site Area: 104,108 SF
Gross Building Area: 17,615 SF (Entire shopping center) Gross Project Floor Area: 1,740 SF (This project's suite only) Existing & Proposed Use: Existing Use: One suite is vacant; the second suite is a nail salon Proposed Use: Cannabis Retail Storefront
Year Constructed: 1979
Applicable Codes: City of Oxnard Municipal Code
2019 California Building Code
2019 California Green Building Code
2019 California Plumbing Code
2019 California Mechanical Code
2019 California Energy Code
n 2019 California Fire Code
Project
Site
Vicinity Map
Scale: Not to scale
This project is an application for a Phase 4 SUP (Special Use Permit) for a Cannabis Retail Storefront to be located at 1015 Harbor Blvd. Oxnard, CA 93035. The scope of work will include:
1. Interior tenant improvement of existing suite within the Oxnard Shores Shopping Center;
2. Proposed demolition work includes removal of the following: interior partitions, finishes, lay-in ceilings, lighting and MEP infrastructure.
3. Proposed spaces include: Reception Lobby, Retail Sales Area, Receiving Area, Secure Manager's Office and Restroom.
4. Proposed interior work includes new partitions, lighting, MEP infrastructure, security system, fire sprinklers, millwork and finishes throughout.
5. Proposed exterior work includes new signage and security system. *
W. Wooley Rd.
Harbor Blvd.
W. 5th St.
Oxnard Airport
Port Hueneme
W. Channel Islands Blvd.
N. Victoria Ave.
N. Ventura Rd.N. Oxnard Blvd.
N. Rose Ave.
N. "H" St.
S. "J" St.Saviers Rd.
S. Rose Ave.
CA - 1
US - 101
W. Gonzales Rd.
W. Wooley Rd.
S. Oxnard Blvd.
N. Ventura Rd.
Hueneme Rd.
Pacific Ocean
Architect: Kristi Byers, Architect A.P.C.
3919 30th Street, Suite 107
San Diego, CA 92104
Contact: Kristi Byers, AIA LEED AP BD&C
[email protected]
619.599.5984
T0.00
Development
Summary &
Vicinity Map
01 07.26.2021 SUP Submittal
( 1 of 5 )
02 09.24.2021 SUP Resubmittal
03 10.24.2021 SUP Resubmittal
04 11.29.2021 SUP Resubmittal - ADA Revs.
76 S H A R B O R S E R V I C E B L V D
O U T R I G G E R W A Y
W W O O L E Y R D
Oxnard Holistics Suite 1015
9 16
6 6 6 6 4 MC
6 4 7 6
8 3
2 19
Building Gross Area = 17,615 SF
10. Site Plan Scale: 1/8" = 1'-0"
n
#
Property Line
A1.00
Site Plan & Parking
Calculations
01 07.26.2021 SUP Submittal
( 2 of 5 )
Site Plan Key Notes:
1. Existing sidewalk to remain.
2. Existing curb cut to remain.
3. Existing driveway to remain.
4. Concrete planter to serve as vehicular barrier. Final design to be approved by City of Oxnard Police Department.
5. Existing truncated domes to remain.
6. Existing CMU refuse enclosure with security gates and roof cover.
7. Existing vegetation to remain.
8. Existing adjacent commercial suites. Not part of this project.
9. Designated reserved parking for delivery vehicle.
10. Main entrance.
11. Premises boundary.
12. Entry door for deliveries.
13. Egress door only.
14. New bike rack for 2 bikes.
15. Remove existing newspaper stand that is located at the top of the existing curb ramp.
16. New truncated domes to improve accessibility around and throughout the site.
17. Existing dedicated water meter for project (1015 Harbor Blvd.)
18. Existing storm drain. For all existing storm drains within the property install a "No Dumping Drains to Ocean" placard. (Placards available for purchase at City of Oxnard.)
Accessible Path of Travel
Accessible Entrance
Kristi Byers, Architect
Architecture Design Sustainability
Drawing Name:
Drawing Number:
Drawing Preparation and Revision Dates Oxnard Holistics - Cannabis Retail Shop Special Use Permit 1015 Harbor Boulevard Oxnard, California 93035 Project:
Legend:
Exterior Security Lighting
1 1
1 1
2 2
2 2
3 3
3 3
9 6
7 TYP.
7 TYP.
7 TYP.
7 TYP.
7 TYP.
7 TYP.
7 TYP.
8 8
Existing Fire Hydrant Within Lot Line
Property Line 400.82'
Property Line 222.02'
Property Line
14.37'
Property Line 363.07'
Property Line 294.48'
R=15'
8 TYP.
TYP.
2 10
13 11
12 9
# Parking count sub-total for parking bay
Parking Calculation Chart:
Standard Spaces (9'-9" x 19'-0") 34
Compact Spaces (size meets min. but varies) 66
Accessible Spaces 4
Motorcycle Spaces 4
Bicycle Parking Provided: 10 Spaces
Required Vehicular Parking: 1 stall per 250 SF
Building Gross Area: =17,615 SF
17,615 / 250 = 70 < 108
14 14
18 18
18 15
17 02 09.24.2021 SUP Resubmittal
03 10.24.2021 SUP Resubmittal
Total Parking Spaces: 108
14 14
5 5
16 16
16 16
16 16
16 2 16
2 2
16 2 5
2 04 11.29.2021 SUP Resubmittal - ADA Revs.
77 A3.00
Partial
Exterior Elevations
( 5 of 5 )
Kristi Byers, Architect
Architecture Design Sustainability
Drawing Name:
Drawing Number:
Drawing Preparation and Revision Dates Oxnard Holistics - Cannabis Retail Shop Special Use Permit 1015 Harbor Boulevard Oxnard, California 93035 Project:
10. Partial West Exterior Elevation Scale: 1/4" = 1'-0"
11. Partial West Exterior Elevation Scale: 1/4" = 1'-0" 3 # Partial Exterior Elevation Key Notes:
1. Existing door to become main entry to cannabis retail shop.
2. Existing dedicated secured product delivery door (restricted to delivery personnel and employees only.)
3. New cannabis retail shop signage over main entry.
4. Existing building lighting to remain.
5. Dashed line represents egress door beyond.
6. Existing natural gas meter bank to remain.
7. Existing bollards for gas meter equipment protection.
8. Existing telephone panels.
9. Existing parapet with flat roof beyond.
10. Existing parapet at front of building, beyond.
11. Existing roofing to remain.
12. Existing exterior storefront door to be removed and replaced with new storefront glazing system to match existing.
13. New security lighting.
14. Existing exterior plaster system to remain, typ.
1 4
Typ.
4 Typ.
4 Typ.
2 5
67 Typ.
7 Typ. Typ. 8 9 10
11 Typ.
12 14
13 14
13 13 13
01 07.26.2021 SUP Submittal
02 09.24.2021 SUP Resubmittal
03 10.24.2021 SUP Resubmittal
Note: No cannabis products or advertisements to be visible through glazing. Any glazing through which cannabis products or advertisements could be seen by passers-by in the shopping center will be treated with a frosted film which obscures the view to the interior.
Final locations for clear and frosted glazing to be confirmed with the Oxnard Police Department.
04 11.29.2021 SUP Resubmittal - ADA Revs.
78 Attachment
C. Cannabis Ordinance No. 2994
79 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
108
109
110
111
112
Attachment
D. TD Enterprise LLC dba Oxnard Holistics Conditional
Commercial Cannabis Business Permit
113
Kathleen Mallory
Planning and Sustainability Manager
Community Development Department
214 South C Street
Oxnard, CA 93030
(805) 385-8370
[email protected]
Subject: City of Oxnard - Selection of Top Thirteen (13) Retail Cannabis Applicants Dear Selected Retail Cannabis Applicant:
Congratulations! The City has concluded Phases 2 and 3 of the retail cannabis application review process and you have been selected as one of the thirteen (13) retail applicants to apply for a Special Use Permit. The final rankings are attached.
In accordance with the Retail Cannabis Application Procedures Guideline and Oxnard City Code Section 11-457, the City Manager has reviewed the City Selection Committee’s evaluation and accepted the final determination.
The City will be issuing thirteen (13) retail cannabis permits once the process outlined below is completed. Based upon the approved rankings, the top retail applicants are:
The next step in the retail cannabis application process is for the selected applicants to submit an application for a Special Use Permit (SUP). Retail cannabis applicants will be required to secure approval of an SUP within 12 months of receiving notification that they have been selected to apply for an SUP. Please note that the Commercial Cannabis Business Permit (retail) will not be issued until you obtain an SUP.
TD Enterprise, LLC dba Torrey Holistics
Tony Hall
10671 Roselle Street, Suite 202
San Diego, CA 92121
(Via Email and First Class Mail)
March 1, 2021
1. SGI Oxnard, LLC - 2343 North Oxnard Boulevard
2. TAT OXN LLC dba The Artist Tree - 600 North A Street
3. Haven #8, LLC dba Haven - 220 South A Street
4. TD Enterprises LLC dba Oxnard Holistics - 1013-1015 Harbor Boulevard
5. Blue Enterprises Oxnard LLC dba Cookies Oxnard - 2655 North Vineyard Avenue
6. EEL Oxnard LLC dba Catalyst-Oxnard - 4749 South Rose Avenue
7. Harbor Management Group LLC dba Safeport - 2150 Trabajo Drive
8. Blooming Organics LLC dba Elevate Oxnard - 2731 East Vineyard Avenue
9. Boxnard, LLC - 1970 North Ventura Road
10. Blooming Organics dba Elevate Downtown Oxnard - 156 South A Street
11. Kind Lifestyle Market LLC - dba Kind Lifestyle Market - 911 South Oxnard Boulevard
12. Yuma Way CA, LLC dba Releaf On Vine - 2544 East Vineyard Avenue
13. HPC of Oxnard LLC - 360 West Esplanade Drive
114
City of Oxnard - Selection of Top Thirteen (13) Retail Cannabis Applicants March 1, 2021
To obtain information on how to apply for the SUP and the process to advance your retail permit, please contact Jose Coyotl (805) 385-7863 or [email protected] who will instruct you through the next steps in the permitting process.
Congratulations on your successful advancement.
Kathleen M. Mallory
Planning & Sustainability Manager
c: Alexander Nguyen, City Manager
Ashley Golden, Assistant City Manager
Kenneth Rozell, Chief Assistant City Attorney
Matt Eaton, HdL
Vyto Adomaitis, Director, Community Development
Jose Coyotl, Associate Planner
Project file
Attachment: Final Retail Cannabis Ranking - February 26, 2021 115
Attachment
E. Notice of Exemption
116
COMMUNITY DEVELOPMENT DEPARTMENT
OXNARD PLANNING DIVISION
214 SOUTH C STREET
OXNARD, CALIFORNIA 93030
NOTICE OF EXEMPTION
TD Enterprise LLC dba Oxnard Holistics - Commercial Cannabis Business Retail Special Use Permit (SUP); PLANNING AND ZONING PERMIT NO. 21-516-024 (Retail): A request to permit the operation of a commercial cannabis retail facility within an existing 1,740 square-foot commercial suite of a 17,615 square-foot multi-tenant commercial building on a
2.39-acre site located at 1015 Harbor Boulevard (APN: 191-0-075-015) within the Commercial Neighborhood Commercial (CNC) zone. Proposed development includes tenant improvements:
installation of interior wall partitioning, plumbing upgrades, upgrades to an existing fire alarm system, security upgrades to the existing building, and installation of new secure doors/windows.
Cannabis retail operations will be conducted between the hours from 9:00 AM to 9:00 PM daily.
Filed by Kristine Byers on behalf of TD Enterprise LLC dba Oxnard Holistics.
Finding:
The Planning Commission of the City of Oxnard has reviewed the above proposed project and found it to be exempt from the provisions of the California Environmental Quality Act (CEQA). ☐ Ministerial Project
☒ Categorical Exemption
☐ Statutory Exemption
☐ Emergency Project
☐ Quick Disapproval [CEQA Guidelines, 14 Cal. Code of Regs. 15270] ☐ No Possibility of Significant Effect [CEQA Guidelines, 14 Cal. Code of Regs. 15061(b)(3)]
Supporting Reasons:
In accordance with Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, qualifies as a Class 1 Categorical Exemption. This section applies to projects involving “negligible or no expansion of use beyond that existing at the time of the lead agency’s determination.” The Project involves a request to retail cannabis products within an existing industrial building, the project request will not increase the square footage of the existing building. No Exceptions to the Exemptions (Section 15300.2) apply to defeat the Exemption. Therefore, the Planning Commission has determined that there is no substantial evidence that the project may have a significant effect on the environment, the project is categorically exempt from the provisions of CEQA, there is no requirement to prepare an environmental document, and the Planning Commission hereby authorizes and directs the Planning and Environmental Services Manager to file a Notice of Exemption with the Ventura County Clerk.
_______________________
(Date)
_____________________________________
Scott Kolwitz
Planning and Environmental Services Manager
117
Attachment
F. 2030 General Plan Consistency Chart
118
Attachment F
General Plan Consistency Chart
Consistency with the 2030 General Plan is defined by the relationship between 2030 General Plan policies and the proposed Project. The three consistency classification levels are:
I. Direct Applicability to a Proposed Project or Program (full text of the policy and an explanation).
II. Related or Indirect Applicability to the Proposed Project or Program (policy title and an explanation for each or groups of related or indirectly related policies).
III. No or Distant Applicability to the Proposed Project or Program (all policies not listed as Level I and II are assumed to be consistent). 2030 General Plan Level
I
Level
II Rationale
Policy
CD-4.1
Mitigate Land Use Conflicts
Mitigate conflicts between
commercial and other land uses,
especially residential and
recreational uses.
X
The Project proposes to locate
within an established
commercial shopping center
which allows for retailing of
cannabis products. The
proposed site would operate
with other businesses that
engage in similar retail business
practices therefore the Project
would be compatible.
Furthermore, the Project was
reviewed for neighborhood
compatibility, architectural
design compatibility, security,
and overall community benefits.
Policy
CD-4.2
Commercial Revitalization and
Redevelopment
Encourage upgrading,
beautification, revitalization, and
appropriate reuse of existing
commercial areas and shopping
centers and, especially within
redevelopment project areas,
continue to develop and
implement programs that link
commercial areas with their
adjoining neighborhoods and
increase overall jobs, cales and
property valuation.
X
Policy
CD-4.4
Commercial Area Aesthetics
Require that older commercial
development upgrade/improve
landscaping and architecture, if
warranted, during discretionary
review opportunities.
X
Policy
CD-15.5
Share of Regional Taxable Sales
Increase Oxnard’s share of tax
base and enhance the fiscal
health of the City.
X
Cannabis business taxes will be
required to be paid as a
condition of approval further
strengthening the fiscal health of
the City.
Policy
CD- 17.1
Retain Local Talent
Provide opportunities for a
variety of local jobs and actively
support efforts to retain residents
X
The Project will provide an
opportunity for new careers in
cannabis retail.
119
w
hohavecompletedhigher
education. Policy CD-18.1 Attract Ne
wBusinesses
Identifyandattractarangeof
commercial,retailandindustrial
businessesthatarecompatible
withthecommunity’sbusiness
climateandnotdetrimentaltothe
existinglocaleconomyand
environment. X
TheProjectwillhelpattract
furthercannabisrelated
industrieswhichcurrentlyare
newandhavethepossibilityof
improvingotherlocal
businessesandimprovingthe
localeconomy. Policy CD-16.5 Industrial and Commercial Development Standards Require high quality development standards that increase the efficient use of existing industrial and commercial development areas so as to preserve agricultural land and minimize adverse environmental impacts. X The Project is c onditionedtobe
consistentwiththerequirements
oftheCoastalNeighborhood
Commercialzonewhich
includesarchitecturaland
landscapestandardssuitablefor
commercialdevelopment. Policy
ICS-19.2
PoliceReviewofDevelopment
Projects
ContinuetorequirethePolice
Departmenttoreviewproposed
developmentprojectandprovide
recommendationthatenhance
publicsafety
X
TheProject’ssecurityplanwas
reviewedandconditionally
approvedbytheOxnardPolice
Departmenttoensurecrime
preventionthroughpreventive
securitymeasuresand
environmentaldesign. Policy
ICS-19.4
CrimePreventionDevice
Requirements
Requirecrimepreventiondevices
(e.g. deadboltlocks,peepholes,
etc.)inallnewdevelopment. X
Policy
ICS-19.5
IncorporatingSecurityDesign
Principles
Encouragecrimepreventionand
defensiblespacethroughdesign
principlessuchasthose
employedthoughtheNational
CrimePreventionThrough
EnvironmentalDesignprogram,
NeighborhoodWatchProgram,
and/orotherappropriatemethods
toenhancepublicsafety. X
Policy
SH-7.2
HandlingofHazardous
Materials
Requirethathazardousmaterials
areused,stored,transportedand
disposedofwithintheCityina
safemannerandincompliance
withlocal,state,andfederal
standards. X
TheProjecthasbeenreviewed
andwillbeconditionedto
maintainandstorehazardous
materialincompliancetolocal,
stateandfederalstandards.
120
Attachment
G. Zoning Consistency Chart
121
ATTACHMENT G
Zoning Consistency with
The Coastal Neighborhood Commercial Sub-Zone.
DEVELOPMENT
STANDARD REQUIREMENT PROPOSED COMPLIES?
Maximum Building
Height
OCC Sec. 17-17 (D)(1)
Two stories or 35 feet feet
23.3 feet
No Change
YES
Front Yard Setback
OCC Sec. 17-17 (D)(3)
10 Feet
65 feet
No Change
YES
Side Yard Setback
OCC 17-17 (D)(5)
Interior side yard: none
required.
Street side yard: 10 feet.
10 feet
No Change
YES
Rear Yard Setback
OCC Sec. 17-17 (D)(4)
For lots abutting a public way
or alley: 10 feet. No setback is
otherwise required.
90 feet
No Change
YES
Vehicle Parking
Requirements for
Commercial Uses
OCC Sec. 16-622
Shopping Center -
Neighborhood
One space per 250 square feet
of gross floor area.
Total Required: 64 Parking
Spaces
Cannabis Retail
One parking space per 250
square feet or as stipulated in a
city traffic engineer approved
parking study.
Total Required: 7 Parking Space
Total Parking Required: 71
108 Parking Spaces YES
Bicycle Parking
Requirements
Commercial
OCC Sec. 16-623
Five spaces at each entrance.
A minimum of 10 spaces
YES, as
conditioned
Motorcycle Parking
Requirements
Commercial
OCC Sec. 16-624
Uses with more than 25
automobile parking spaces shall
provide one designated space
for use by motorcycle
Required Motorcycle Parking: 1
4 spaces YES
122
Outdoor Loading and
Storage Areas
OCC Sec. 16-644
2 loading spaces per 15,001 -
40,000 square feet of
commercial gross floor area
Shall be placed in the side or
rear yards only and shall be
screened.
A minimum 12-foot high wall
shall be provided adjacent to
unloading areas to provide for
proper screening.
Required Loading Spaces: 2
Legal non conforming
loading areas will be
utilized along the west
side of the building. The
loading zone is
accessible through a
service door from the
tenant space rear floor
area.
YES, AS
CONDITIONED
123
Attachment
H. Location and Design of Cannabis Business Consistency Chart 124
Attachment H
Location and Design of Cannabis Business Requirements
Consistency Chart
DEVELOPMENT
STANDARD REQUIREMENT PROPOSED COMPLIES?
Cannabis
Manufacturing, Testing
and Distribution
Businesses Siting
Criteria and Buffer
Requirements
Sec. 11-473(A)
Manufacturing, testing, and
distribution facilities are
conceptually permitted on
property that must be located on
property zoned M-L, M-1, M-2,
and BRP, as well as auto sales
and service, business park, and
commercial manufacturing zones
within the Rose Santa Clara
Corridor Specific Plan.
Manufacturing, testing, and/or
distribution facilities may also be
located in the following specific
plan areas subject to relevant
specific plan requirements, and
input from the business park
association (if operational):
Northeast Community Specific
Plan, Sakioka Farms, Camino
Real Business Park, McInnes
Ranch Business Park Specific
Plan, and Northfield Seagate
Business Park Specific Plan.
N/A N/A
Cannabis Retail
Dispensary Businesses
Siting Criteria and
Buffer Requirements
Sec. 11-473(B)
Retail dispensaries are
conceptually permitted in
property zoned DT-C, DT-G, C-l,
C-l-PD, C-2, C-2-PD, CNC,
CPD, and business park, retail
commercial, and commercial
manufacturing zones within the
Rose Santa Clara Corridor
Specific Plan. Retail dispensaries
may also be located in the
following specific plan areas
subject to relevant specific plan
requirements, and input from the
business park association (if
operational): RiverPark -
commercial office, commercial
convention, and commercial
regional, Sakioka Farms, and
Camino Real Business Park.
The location is within
the Coastal
Neighborhood
Commercial (CNC)
zone.
YES
Letter of Support from
the Specific Plan
Management Company
or Association
Compliance with any specific
plan requirements, including a
letter of support from the
specific plan management
The project is in
compliance with the
CNC zone (see
Attachment G). The
YES
125
Sec. 11-473(C) company or association property is not located within a specific plan
management company or
association area.
Distance Requirements
Sec. 11-473(D)
(1) It shall be no closer than
600 feet of any of the following:
(a) Any school providing
instruction in kindergarten or
any grades 1 through 12,
whether public, private, or
charter, including pre-school,
transitional kindergarten, and
K-12.
(b) A commercial daycare
center licensed by the city or
county that is in existence at the
time the license is issued, unless
the State licensing authority or
the city specifies a different
radius.
(c) A youth center that is in
existence at the time the license
is issued, unless the State
licensing authority or the city
specifies a different radius.
(2) The distance specified in
this section shall be the
horizontal distance measured in
a straight line from the property
line of the identified use to the
closest property line of the lot on
which the cannabis use is located
without regard to intervening
structures.
The nearest youth center
(Neptune Square Park) is
approximately 1,309 feet
away from the project
site.
YES
Findings
Sec. 11-473(E)(1)
Conform with the city’s General
Plan, any applicable specific
plans, master plans, and design
requirements.
The project is in
compliance with the
General Plan, Local
Coastal Plan, and CNC
zone (see Attachment F
and G).
YES
Findings
Sec. 11-473(E)(2)
Comply with all applicable
zoning, and specific plan
requirements, and related
development standards.
The project is in
compliance with the
CNC zone district and
other pertinent sections
of the OCC (see
Attachment F and G).
YES
Findings
Sec. 11-473(E)(3)
Be constructed in a manner that
minimizes odors to surrounding
uses, and promotes quality
design and construction, and
The project includes
Odor Control devices
YES, AS
CONDITIONED
126
consistency with the surrounding
properties.
Findings
Sec. 11-473(E)(4)
Be adequate in size and shape to
accommodate the yards, walls,
fences, parking and loading
facilities, landscaping and all
items required for the
development.
The project is in
compliance with the
requirements for
development (see
Attachment G).
YES
Findings
Sec. 11-473(E)(5)
Be served by highways adequate
in width and improved as
necessary to carry the kind and
quantity of traffic such use will
generate.
The project is indirectly
served by and connected
to Highway 101. The
proposed use is
anticipated to generate
traffic in quantities that
are consistent with the
original commercial
uses which were
intended to occupy the
building.
YES
Findings
Sec. 11-473(E)(6)
Be provided with adequate
electricity, sewerage, disposal,
water, fire protection (sprinkler
and alarm; retrofit when
determined necessary by the fire
marshal) and storm drainage
facilities for the intended
purpose.
The project is currently
served by adequate
electricity, sewerage,
disposal, and water. The
proposed use is
anticipated to generate
traffic in quantities that
are consistent with the
original commercial uses
which were intended to
occupy the building.
The project has been
conditioned to comply
with Fire Marshal
requirements.
YES, AS
CONDITIONED
Cannabis Retail
Operating Requirement -
Limited Access Areas
Sec. 11-485(K)
A retailer shall establish
limited-access areas and permit
only authorized individuals to
enter the limited-access areas.
The project is designed
with a check in lobby
area and a staff click to
enter feature to enter the
cannabis retail sale floor
area. The project has
been conditioned to
comply with limited
access area requirements.
YES, AS
CONDITIONED
Cannabis Retail
Operating Hour
Requirements
Sec. 11-485(L)
Operating hours of the storefront
retailer license shall be limited to
the hours of 9:00 a.m. though
9:00 p.m., seven days a week or
reduced as stipulated through the
discretionary land use permit.
The project will operate
within the hours of 9:00
a.m. and 9:00 p.m. The
project has been
conditioned to restrict
store retail hours based
on the operating hour
requirements.
YES, AS
CONDITIONED
127
Cannabis Retail Parking
Requirements
Sec. 11-485(M)
Parking requirements shall be in
accordance with chapter 16,
article X of the Oxnard City
Code - 1 parking space per 250
square feet or as stipulated in a
city traffic engineer approved
sparking study.
The project meets the
parking requirements.
YES, AS
CONDITIONED
Cannabis Retail
Storefront/ Retail
Security Requirements
Sec. 11-485(N)
All security measures required
by section 11-477 (operating
standards) are directly applicable
to and binding on all commercial
cannabis businesses, including
all retailers.
The project is
conditioned to provide
security as specified by
the Security Plan
approved by the Chief of
Police.
YES, AS
CONDITIONED
128
Attachment
I. Draft Resolution of Approval for Commercial Cannabis Retail 129
RESOLUTION NO. XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
OXNARD APPROVING PLANNING AND ZONING PERMIT NO. 21-516-24 (COMMERCIAL CANNABIS RETAIL) TO ALLOW A COMMERCIAL
CANNABIS RETAIL FACILITY WITHIN AN EXISTING 1,740
SQUARE-FOOT COMMERCIAL SUITE OF A 17,615 SQUARE-FOOT
MULTI-TENANT COMMERCIAL BUILDING ON A 2.39-ACRE SITE
LOCATED AT 1015 HARBOR BOULEVARD (APN: 191-0-075-015), SUBJECT TO CERTAIN FINDINGS AND CONDITIONS.
WHEREAS, on January 13, 2022, the Planning Commission of the City of Oxnard (“Planning Commission”) conducted a duly noticed public hearing and considered an application for Planning and Zoning Permit No. 21-516-24 filed by Kristine Byers on behalf of TD Enterprise LLC dba Oxnard Holistics in accordance with Section 16-530 of the Oxnard City Code; and
WHEREAS, the Planning and Environmental Services Division has completed a preliminary environmental assessment of the Project in accordance with the California Environmental Quality Act (CEQA) and determined that the Project is subject to a Section 15301 (Existing Facilities) Categorical Exemption. Further, the project does not trigger any of the Exceptions to the Exemptions (Section 15300.2) to defeat the Exemption:
(a) Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located -- a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply to all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies.
The project site is located within the 2030 General Plan/Local Coastal Plan land use designation of Visitor Serving Center (VSC) and a Coastal Zoning designation of Coastal Neighborhood Commercial (CNC). The Project is surrounded by commercial and residential buildings. The project site and adjacent sites do not contain any known environmental resource of hazardous or critical concern. Therefore, the project will have no impact on an environmental resource of hazardous or critical concern.
(b) Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant.
The proposed cannabis retail facility is consistent with the 2030 General Plan, Local Coastal Plan, and the Oxnard City Code and is compatible with the scale and character of other commercial development in the project area. Any projects 130
Planning Commission Resolution No. 2021-XX (PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit))
Planning Commission Hearing Date: January 13, 2022
requiring discretionary approval would be analyzed with the 2030 General Plan, Local Coastal Program, and the Oxnard City Code for consistency and CEQA for any potential impacts. Therefore the project will have no significant cumulative impact.
(c) Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.
The proposed cannabis retail facility will not result in an unusual circumstance that would cause the project to have a significant effect on the environment. The project will not alter the commercial uses of the surrounding development and the property does not contain any unusual environmental characteristics as the property is surrounded on all sides by an established commercial and residential development. Therefore, the project will not have a significant effect on the environment due to unusual circumstances.
(d) Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements, which are required as mitigation by an adopted negative declaration or certified EIR.
The project is not located in or adjacent to a State designated scenic highway. (e) Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site, which is included on any list compiled pursuant to Section 65962.5 of the Government Code.
The proposed project site is not included on any list compiled pursuant to Section 65962.5 of the Government Code as confirmed by staff on December 22, 2021.
(f) Historical Resources. A categorical exemption shall not be used for a project, which may cause a substantial adverse change in the significance of a historical resource.
The project site does not contain an existing or potential landmark, point of interest, or historic resource, and it is not located within an existing, proposed, or potential Historic District. Therefore, the proposed project will not cause a substantial adverse change in the significance of a historical resource.
WHEREAS, the proposed project is consistent with the following:
131
Planning Commission Resolution No. 2021-XX (PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit))
Planning Commission Hearing Date: January 13, 2022
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF OXNARD:
SECTION 1. Based on the entire record before the Planning Commission and all written and oral evidence presented, including the Special Use Permit Staff Report and all attachments thereto, the Planning Commission finds:
1. The proposed use is in conformance with the General Plan, Local Coastal Program, and other adopted policies of the City of Oxnard.
As described in the Staff Report, the proposed cannabis retail facility is an allowable use within the Coastal Neighborhood Commercial (CNC) zone , subject to approval of a Special Use Permit. As documented in the attachments to the staff report, the Project is in compliance with General Plan, Local Coastal Program, zoning and cannabis regulations. This Resolution includes 188 conditions of approval which were crafted for compliance with the requirements set forth pursuant to OCC Article XVII (Commercial Cannabis Activity) to ensure operational standards were met.
Therefore, the proposed cannabis retail use is in conformance with the 2030 General Plan, Local Coastal Plan, Oxnard City Code, and the elements thereof and other adopted standards. Therefore, this Project meets this finding.
2. The nature, condition and development of adjacent uses, buildings and structures shall be considered, and no proposed Special Use Permit shall be granted if the approval body finds such use will adversely affect or be materially detrimental to such adjacent uses, buildings or structures or to the public health, safety or general welfare.
As described in the Staff Report, the Project will allow cannabis retail within an existing building within an existing commercial shopping center. General and retail uses, and other more intense uses such as restaurants and specialty retail, are allowed uses within the CNC zone which do not require a Special Use Permit. The proposed retail cannabis use requires a Special Use Permit to ensure operational characteristics of the business will be both compatible with and not adversely affect or be materially detrimental to the other uses, buildings or structures within the shopping center.
As the Project will be located more than 600 feet from established commercial cannabis sensitive uses, the Project is consistent with public health, safety and general welfare by City standards. This Resolution includes 188 conditions of approval which were crafted for compliance with the requirements set forth pursuant to OCC Article XVII (Commercial Cannabis Activity) to ensure operational standards were met. After considering extensive testimony about the enhancements the proposal would bring to the tenant space, the Planning Commission finds the increase is customers to the shopping center and the decrease in crime rates experienced at other cannabis facilities with enhanced security, the Planning Commission also finds the Project will not aggravate policing issues when properly 132
Planning Commission Resolution No. 2021-XX (PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit))
Planning Commission Hearing Date: January 13, 2022
regulated through the imposition of and compliance with the conditions of approval.
Based on these factors, the Planning Commission finds this business, responsibly managed, would not have an adverse impact on area crime or demand for police services. Conversely, the Planning Commission finds the proposed use would be a beneficial addition to the shopping center by bringing in new customers, making enhancements to the building and parking areas, and would introduce a private security component which would benefit all tenants within the shopping center.
Furthermore, Port Hueneme Chief of Police Andrew Salina has made public comments outlining the reduction in crime Port Hueneme has experienced in areas adjacent to commercial cannabis retailers as a direct result of their operational characteristics including the use of upgraded security systems, private security, and other site specific security plans. As such, this Project meets this finding.
3. The site that is subject to the Special Use Permit shall be adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping, and items which may be required by Section 16-532 (Conditions).
As described in the Staff Report, the Project will be located within an existing development within the Coastal Neighborhood Commercial (CNC) zone which has previously been reviewed and approved to ensure the development is adequately proportional to the size of the property and served by public infrastructure. The existing project site is a developed 2.39-acre lot. Pursuant to the CNC zone, the Project will be located within an existing building designed to be consistent with the development and design standards included within the CNC zone, including, but not limited to, maximum building height, front, side and rear setbacks, landscaping, and equipment screening standards. The existing development is not consistent with the City’s parking standards for bicycle parking (10 required). The parking lot will provide parking for a minimum of 108 vehicles, including 4 accessible parking spaces, 34 standard parking spaces, and 66 compact parking spaces, 4 motorcycle spaces, and the project has been conditioned to provide a total of 10 bicycle spaces within the whole of the shopping center’s shared parking lot. The project site has a frontage and vehicular access on West Wooley Road, Harbor Boulevard, and Outrigger Way public alleyway. Proposed interior tenant improvements to the site will be reviewed for compliance with CNC zoning and Local Coastal Plan requirements. Given these circumstances, the site for the proposed use is adequate in size and shape to accommodate the setbacks, parking, landscaping, and other City standards. Therefore, this Project meets this finding.
4. The site that is subject to the Special Use Permit shall be served by highways adequate in width and improved as necessary to carry the kind and quantity of traffic such use will generate.
As described in the Staff Report, the project is currently served by existing infrastructure and will continue to be accessed directly from West Wooley Road, Harbor Boulevard, and Outrigger Way public alleyway, which indirectly connects to 133
Planning Commission Resolution No. 2021-XX (PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit))
Planning Commission Hearing Date: January 13, 2022
Highway 101. The proposed cannabis retailer is not anticipated to generate significant traffic that would require improvements to infrastructure. Therefore, the site for the proposed retail of cannabis products will be served by highways adequate in width and improved as necessary to carry project-generated traffic.
The existing development is not consistent with the City’s parking standards for bicycle parking (10 required). The parking lot as designed will provide parking for a minimum of 108 vehicles, including 4 accessible parking spaces, 34 standard parking spaces, 66 compact parking spaces, and 4 motorcycle parking spaces. Based on the configuration of the proposed cannabis retail facility the entire project site requires 2 loading spaces. The project will utilize an existing legal nonconforming loading zone at the souteast side of the building accessed by a service door entrance to the tenant space. The project is consistent with City parking requirements. The project has been conditioned to include a total of 10 bicycle parking spaces within the whole of the shopping center’s shared parking lot, to design bicycle space during the building permit process, and provide these spaces prior to a Certificate of Occupancy being issued. The project also includes short and long term parking to support bicycle use. Therefore, the site will be served by streets, highways, transit and bike facilities adequate to provide access to the proposed building and its anticipated uses. As such, this Project meets this finding.
5. The site that is subject to the Special Use Permit shall be provided with adequate sewerage, water, fire protection and storm drainage facilities.
As described in the Staff Report, the proposed Project will operate within an existing development with minor tenant improvements proposed. The Project has been reviewed by City Departments and divisions who have determined that the project is currently served by adequate electricity, sewerage, disposal, and water. The proposed use is not anticipated to generate utility demands in quantities that are different from other commercial uses which have previously occupied the building.
Therefore, the site for the proposed use will be provided with adequate sewerage, water, fire protection and storm drainage facilities. As such, this Project meets this finding.
SECTION 2. The Planning Commission, in accordance with the California Environmental Quality Act (CEQA), determined that the Project will not have a significant impact on the environment and is categorically exempt from CEQA pursuant to Article 19, Section 15301 (Existing Facilities) of the State CEQA Guidelines pertaining to projects involving “negligible or no expansion of use beyond that existing at the time of the lead agency’s determination” may be found to be exempt from the requirements of CEQA. The Project involves a request to retail cannabis products within an existing commercial building, the project request will not increase the square footage of the existing building. No Exceptions to the Exemptions (Section 15300.2) apply to defeat the Exemption. Therefore, the Planning Commission has determined that there is no substantial evidence that the Project will have a significant effect on the environment. The Planning and Environmental Services Manager is 134
Planning Commission Resolution No. 2021-XX (PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit))
Planning Commission Hearing Date: January 13, 2022
hereby authorized and directed to file a Notice of Exemption with the Ventura County Clerk pursuant to Section 15602 of the State CEQA Guidelines within five (5) working days of passage, approval and adoption of this Resolution.
SECTION 3. Based on the findings set forth herein and the Staff Report and all attachments thereto, the Planning Commission hereby approves Planning and Zoning Permit No. 21-516-24 (Commercial Cannabis Business Retail Special Use Permit), subject to the attached conditions of approval.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Oxnard hereby approves Planning and Zoning Permit No. 21-516-24 (Commercial Cannabis Business Retail Special Use Permit), subject to the following conditions. The decision of the Planning Commission is final unless appealed in accordance with the provisions of §16-545 of the Oxnard City Code.
STANDARD CONDITIONS OF APPROVAL
FOR LAND USE PERMITS
Note: The abbreviations below identify the City department or division responsible for determining compliance with these standard conditions. The first department or division listed has responsibility for compliance at plan check, the second during inspection and the third at final inspection, prior to issuance of a certificate of occupancy, or at a later date, as specified in the condition. If more than one department or division is listed, the first will check the plans or inspect the project before the second confirms compliance with the condition. The italicized code at the end of each condition provides internal information on the source of each condition: Some are standard permit conditions (e.g.
G-1) while some are taken from environmental documents (e.g. MND-S2).
DEPARTMENTS AND DIVISIONS
CA City Attorney PL Planning Division
DS Dev Services/Eng Dev/Inspectors TR Traffic Division
PD Police Department B Building Plan Checker
SC Source Control FD Fire Department
PK Landscape Design CE Code Compliance
GENERAL PROJECT CONDITIONS
1. This permit is granted for the property described in the application on file with the Planning Division, and may not be transferred from one property to another. (PL, G-1).
2. This permit is granted for the plans dated January 13, 2022 (“the plans”) on file with the Planning Division. The project shall conform to the plans, except as otherwise specified in these conditions, or unless a Minor Modification to the plans is approved by the Planning and Environmental Services Manager (“Planning Manager”) or a Major Modification to the plans is approved by the Planning Commission. A Minor Modification may be granted for minimal changes or increases in the extent of use or 135
Planning Commission Resolution No. 2021-XX (PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit))
Planning Commission Hearing Date: January 13, 2022
size of structures or of the design, materials or colors of structures or masonry walls. A Major Modification shall be required for substantial changes or increases in such items. (PL, G-2)
3. All required off-site and on-site improvements for the project, including structures, paving, and landscaping, shall be completed prior to occupancy unless the Planning Manager allows the Applicant to provide security or an executed agreement approved by the City Attorney to ensure completion of such improvements. (DS, G-4)
4. By commencing any activity related to the project or using any structure authorized by this permit, the Applicant accepts all of the conditions and obligations imposed by this permit and waives any challenge to the validity of the conditions and obligations stated therein. (CA, G-5)
5. Developer agrees, as a condition of adoption of this resolution, at Developer’s own expense, to indemnify, defend and hold harmless the City and its agents, officers and employees from and against any claim, action or proceeding to attack, review, set aside, void or annul the approval of the resolution or any condition attached thereto or any proceedings, acts or determinations taken, done or made prior to the approval of such resolution that were part of the approval process. (CA, G-6)
6. Any covenants, conditions, and restrictions (CC&Rs) applicable to the project property shall be consistent with the terms of this permit and the City Code. If there is a conflict between the CC&Rs and the City Code or this permit, the City Code or this permit shall prevail. (CA, G-7)
7. Applicant shall complete the “Notice of Land Use Restrictions and Conditions” form, using the form provided by the City, for recording with the Ventura County Recorder.
Before the City issues building permits, Applicant shall submit the original completed, signed and notarized document, together with the required fees to the Planning Manager. (PL, G-8)
8. Applicant shall provide off-street parking for the project, including the number of spaces, stall size, paving, striping, location, and access, as required by the City Code. (PL/B, G-9)
9. Before placing or constructing any signs on the project property, Applicantshall obtain a sign permit from the City. Except as provided in the sign permit, Applicant may not change any signs on the project property. (PL/B, G-10)
10. Applicant shall obtain a building permit for any new construction or modifications to structures, including interior modifications, authorized by this permit. (B, G-11)
11. Applicant shall not permit any combustible refuse or other flammable materials to be burned on the project property, except as provided in a permit issued by the Fire Chief. 136
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Planning Commission Hearing Date: January 13, 2022
12. Applicant shall not permit any materials classified as flammable, combustible, radioactive, carcinogenic or otherwise potentially hazardous to human health to be handled, stored or used on the project property, except as provided in a permit issued by the Fire Chief. (FD, G-13)
13. If Applicant, owner or tenant fails to comply with any of the conditions of this permit, the Applicant, owner or tenant shall be subject to a civil fine pursuant to the City Code. (CA, G-14)
14. Prior to issuance of building permits, Applicant shall correct all violations of the City Code existing on the project property for which the Code Compliance Division has open cases. (PL, G-15).
State Law and Regulations Compliance
15. The permittee shall comply with all relevant law, ordinance, or regulation of the State of California, City of Oxnard, and any other governmental entity Laws and Regulations at all times during the life of the permit.
16. Wherever a condition requires that something be initially “built,” “constructed,” “equipped,” “installed,” “provided” or the like in a certain fashion or per certain requirements or approvals, it also requires that the same shall at all times be “maintained” in accordance with the condition, requirement or approval.
PLANNING DIVISION STANDARD CONDITIONS
17. Any application for a Minor Modification to the project shall be accompanied by four copies of plans reflecting the requested modification, together with applicable processing fees. (PL, PL-2)
18. Before the City issues building permits, the Applicant shall include a reproduction of all conditions of this permit as adopted by Resolution of the Community Development Director / Planning Commission in all sets of construction documents and specifications for the project. (PL, PL-3)
19. Before the City issues building permits, the Applicant shall provide to the Planning Manager color photographic reductions (8 1/2” by 11”) of full-size colored elevations and any other colored exhibit approved by the Planning Commission. The Applicant may retain the full-size colored elevations after the reductions are so provided. (PL, PL-4)
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20. The Applicant may not modify any use approved by this permit unless the Planning Manager determines that the Applicant has provided the parking required by the City Code for the modified use. (PL, PL-7)
21. During the plan check review process, the Applicant shall provide a lighting plan that provides design details (light standards, bollards, wall mounted packs, etc.) and illumination site information within alleyways, pathways, streetscapes, and open spaces proposed throughout the development. An electrical engineer shall prepare the site lighting plan demonstrating that adequate lighting ranges will be provided throughout the development without creating light spillover, light pollution, or conflicts with surrounding factors such as tree locations, off-site or adjacent lighting. (PL)
22. Prior to issuance of building permits, the Applicant shall demonstrate that light standards illustrated on conceptual lighting plan do not conflict with tree locations. The Applicant shall submit a plan showing both the lighting and landscape on the same sheet.
23. Project on-site lighting shall be of a type and in a location that does not constitute a hazard to vehicular traffic, either on private property or on adjoining streets. To prevent damage from vehicles, standards in parking areas shall be mounted on reinforced concrete pedestals or otherwise protected. The Applicant shall recess or conceal under-canopy lighting elements so as not to be directly visible from a public street. The applicant shall submit a lighting plan showing standard heights and light materials for design review and approval of the Planning Division Manager. (PL/B, PL-8)
24. In order to minimize light and glare on the project property, all parking lot and exterior structure light fixtures shall be high cut-off type that divert lighting downward onto the property and shall not cast light on any adjacent property or roadway. (PL, PL-9)
25. Applicant agrees to participate in a water conservation program that includes refitting water fixtures existing on the project property with water conserving devices within residences or businesses in the City’s water service area, if such a program is in effect when building permits are issued for this project. Among the requirements of such a program might be refitting existing toilets, faucets, shower heads, landscaping irrigation or other fixtures and items that consume water within the structure. (PL, PL-14)
26. Because of water limitations placed upon the City by its water providers, approval of this permit does not guarantee that the City will issue building permits. Issuance of building permits may be delayed as a result of implementation of a water conservation or allocation plan. (PL, PL-15)
27. Prior to issuance of building permits, Applicant shall pay a document imaging fee for the planning files in an amount calculated by planning staff at the time of building permit review based on fees then in effect. (PL/B, PL-16). 138
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28. Applicant shall participate in the City's Public Art Program by paying the Public Art fee prior to issuance of building permits, in accordance with City Council Resolution No. 14,124. (PL, PL-50)
COMMERCIAL
29. Applicant shall recess or screen roof heating and cooling systems and other exterior mechanical equipment from adjoining property and public streets, as required by this permit. Plumbing vents, ducts and other appurtenances protruding from the roof of structures shall be placed so that they will not be visible from the front of the property or other major public vantage points. Applicant shall include a note on the construction plumbing drawings of exterior elevations to indicate to contractors that roof features shall be grouped and located in the described manner. Roof vents shall be shown on construction drawings and painted to match roof material color. (PL/B, PL-41)
30. Applicant shall install all roof and building drainpipes and downspouts inside building elements. These items shall not be visible on any exterior building elevations. (PL, PL-42)
31. For any exterior utility meter panels, Applicant shall paint such panels to match the structure upon which it is located. Such panels shall be located to take advantage of screening (e.g. landscaping or other building elements) from public right-of-ways, to the maximum extent feasible. (PL, PL-43)
32. Prior to issuance of a certificate of occupancy, Applicant shall remove all construction materials and vehicles from the subject property. (PL/B, PL-47)
33. Applicant shall restripe loading zones placed partly or wholly within a structure for loading and unloading activities only and post to prohibit storage or other non-loading activity within the loading zone. (PL/B, PL-49)
Special Conditions of Approval
34. Prior to occupancy, faded striping in parking areas directly in front of the building shall be repainted per City standards.
35. In accordance with the proposed plans, parking facilities for 10 bicycles shall be provided, the configuration and location of which shall be as reviewed and approved by the City Planning Division. The project plans shall be revised to identify bicycle racks, with a minimum of 10 bicycle spaces, to be provided on site near the main front entrance of the building located at 1001-1035 Harbor Boulevard. Bicycle parking area dimensions and location shall be a paved area at least 6’ x 1’6” for each required parking space. Staff shall review all construction documents prior to building permit issuance to assure that the bicycle rack has been provided and is not in conflict with the applicable 139
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development standards for building in the Coastal Neighborhood Commercial zone district.
The applicant shall submit a bicycle parking plan to be reviewed and approved by the Community Development Director or his/her designee(s). All bicycle parking shall comply with AASHTO, NACTO, or APBP standards, as permitted by the California Building Code. The bicycle parking shall be designed to provide two (2) points of contact on the bicycle, be supported upright, and cause no stress onto tires. All provided bicycle parking shall be able to accommodate a standard U-lock. Bicycle parking area dimensions and location shall be a paved area at least 6’ x 1’6” for each required parking space and shall be located outside of pedestrian walkways, loading areas, landscape planters, etc. Where feasible, bicycle-parking areas should be covered.
36. In accordance with Oxnard City Code Section 16-638, parking facilities for 1 motorcycle space shall be provided, the configuration and location of which shall be as reviewed and approved by the City Planning Division. Staff shall review all construction documents prior to building permit issuance to assure that the motorcycle space has been provided and is not in conflict with the applicable development standards for building in the Coastal Neighborhood Commercial zone district.
37. No final inspection or occupancy permit shall be granted until all construction and landscaping is complete in accordance with the plans approved and the conditions required herein.
38. All landscape materials shall be as represented to or as specified by the Planning Commission, and any deviation will require the express approval of the Chief of Police.
Once constructed or installed, all improvements shall be maintained in accordance with the approved plans and in a manner acceptable to the Chief of Police. This includes landscape materials being maintained in a healthy and weed-free manner at all times.
PLANNING DIVISION CANNABIS CONDITIONS
Automatic Expiration
39. The Commercial Cannabis Business Permits shall expire, and be subject to the renewal process in Chapter 11 of the Oxnard City Code twelve (12) months after the date of issuance of the Certificate of Occupancy pursuant to the Oxnard City Code Section 11-459.
Renewal
40. All Commercial Cannabis Business Permits shall be renewed in accordance with Chapter 11, Article XVII of the Oxnard City Code.
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Appeals
41. The permittee shall within ten (10) calendar days after the date of a decision of the City Manager or his/her designee(s) to revoke, suspend or deny a permit, or to add conditions to a permit, an aggravated party may appeal such action by filing a written appeal with the City Clerk setting forth the reasons why the decision was not proper. At the time of filing, the permitee shall pay the designated appeal fee, established by Resolution of the City Council from time to time.
Revocations of Commercial Cannabis Business Permits
42. Commercial Cannabis Business Permits may be revoked for any violation of any law and/or any rule, regulation and/or standard adopted pursuant to Sections 11-461, 11-462, 11-468, or 11-477 pursuant to any policy, procedure or regulation adopted by the City.
The City Manager or his/her designee may immediately suspend operation of the uses approved by this permit pending a hearing on the revocation of this permit’s conditions and/or a license issued by the State of California, or by any of its departments or divisions, or if there is a single serious violent crime or single significant incident to which multiple police units or multiple police jurisdictions respond associated with the operations of this use, which is detrimental to the public safety or health. The City Manager or his/her designee shall immediately inform the Community Development Director and Planning Manager of the suspension and the Planning Manager shall schedule a hearing on the revocation of the permit by the Community Development Director or other competent hearing officer to be held no more than 30-days after the beginning of the suspension. In the hearing, notice will be provided establishing the causal factors that caused the suspension and determination shall be made with the below options:
a. End the suspension of the permit;
b. Continue the suspension of the permit pending other legal action; c. Amend the permit conditions;
d. Direct the permittee to change operations or business practices that precipitated the suspension of the permit;
e. Or, any combination of the above;
f. And, provide benchmarks and timeline for corrective action to take place.
43. The Applicant agrees suspension of a license issued by the State of California, or by any of its departments or divisions, shall immediately suspend the ability of a commercial cannabis business to operate within the City, until the State of California, or its respective department or division, reinstates or reissues the State license. Should the State of California, or any of its departments or divisions, revoke or terminate the license of a commercial cannabis business, such revocation or termination shall also revoke or terminate the ability of a commercial cannabis business to operate within the City of Oxnard.
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Enforcement and Compliance
44. For the life of the permit, the Applicant shall be responsible for all violations of the laws of the State of California or of the regulations and/or the ordinances of the City of Oxnard, whether committed by the Applicant or any employee or agent of the Applicant, which violations occur in or about the premises of the commercial cannabis business whether or not said violations occur within the permit holder’s presence.
45. Applicant agrees to pay enforcement, compliance, and inspection fees set by the City’s Fee Schedule. Applicant shall deposit the equivalent of 30 hours of the Planning Hourly Fee (currently $134.27 per hour) during plan check review to cover staff time, billed at an hourly rate, for conditions compliance, required inspection, and reporting associated with commercial cannabis project, PZ 21-516-24. Additional funds will be required as deposits are depleted to less than the equivalent of 10 hours of the Planning Hourly Fee or as additional funds are needed as determined by the Community Development Director.
46. All operators are subject to all penalties as outlined in Oxnard City Code.
Property Owner Authorization
47. Prior to the issuance of a zone clearance or business license, whichever comes first, the Applicant shall be required to provide a signed and notarized statement from the owner of the property acknowledging that the property owner agrees to use of the property for a Commercial Cannabis Business Permits subject to Chapter 11, Article XVI, Section 11-475 of the Oxnard City Code.
Business Location Transfers
48. Commercial Cannabis Business Permits represent a land use entitlement and cannot be transferred from one location to another unless they comply with the transfer provisions outlined in Chapter 11, Article XVII of the Oxnard City Code.
Business Notification
49. The Applicant shall provide to the City, the name, telephone number, and email address of a community relations contact (community relations officer) designated by Applicant.
The community relations contact shall be responsible for responding to complaints, should they arise between the hours of 10:00 p.m. and 7:01 a.m. Complaints shall be addressed within fifteen minutes of receiving the initial complaint
50. The Applicant shall provide the name/phone number/email address for the business community relations officer to all businesses and residences located within six hundred 142
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(600) feet of the commercial cannabis business before operation of the business. The contact name and number shall be prominently posted outside of the facility
51. During the first year of operation, the owner, manager, and community relations officer shall attend quarterly meetings with the City Manager or his/her designee(s), and other interested parties as deemed appropriate by the City Manager or his/her designee(s), to discuss conditions of approval, operations, and overall cannabis activities in the subject location.
52. After the first year of operation should no permit condition(s) violations be identified, the owner, manager, and community relations officer shall meet with the City Manager or his/her designee(s) when and as requested by the City Manager or his/her designee(s).
Inventory Tracking
53. Prior to issuance of a certificate of occupancy, the Applicant shall have in place a State of California approved point-of-sale or management inventory tracking system to track and report on all aspects of the commercial cannabis business including, but not limited to, such matters as cannabis tracking, inventory data, gross sales (by weight and by sale) and other information which may be deemed necessary by the City. The commercial cannabis business shall ensure that such information is compatible with the City’s record-keeping systems. In addition, the system must have the capability to produce historical transactional data for review at the request of the City. Furthermore, any system selected must be approved and authorized by the City Manager or his/her designee(s) prior to being used by the permittee.
54. All cannabis and cannabis products sold, distributed or manufactured shall be cultivated, manufactured, and transported by licensed facilities that maintain operations in full conformance with the State and local regulations.
Onsite Restrictions
55. Sales of cannabis may only occur between the hours of 9:00 A.M. and 9:00 P.M. daily.
56. The Applicant shall conform with the following requirements to prevent minors from having access to cannabis products:
a. Persons under the age of twenty-one (21) years, or eighteen (18) years with a medical marijuana card, shall not be allowed on the premises of a commercial cannabis business and shall not be allowed to serve as a driver for a mobile delivery service. It shall be unlawful and a violation of this Article for any person to employ any person at a commercial cannabis business who is not at least twenty-one (21) years of age.
b. The entrance to the commercial cannabis business shall be clearly and legibly posted with a notice that no person under the age of twenty-one (21) years of age is permitted to enter upon the premises of the commercial cannabis business. 143
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57. Cannabis shall not be consumed by any employee or patron on the premises of any commercial cannabis business.
58. No outdoor storage of cannabis or cannabis products is permitted at any time.
Operational Requirements for Retailers
59. Sales and service of cannabis or cannabis products is limited to only the customer service area, which consists of approximately 1,740 square feet inside the building as identified on PZ No. 21-516-24 floor plans presented at the Planning Commission public hearing on January 13, 2022 and incorporated herein.
60. Access to the customer service area is to be controlled by an access door from a common lobby. A maximum of two (2) patrons may be served by one (1) budtender at any time. The budtenders and security personnel shall be readily identifiable personnel and are to monitor and control the behavior of customers in and around the premises.
61. There shall not be any amplified music or live bands unless the licensee has a valid Entertainment Permit issued by the City of Oxnard, pursuant to Oxnard City Code Section 11-187.
Odor Control
62. Odor control devices and techniques shall be incorporated in all commercial cannabis businesses to ensure that odors from cannabis are not detectable off-site. Commercial cannabis businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the commercial cannabis business that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the commercial cannabis business. As such, commercial cannabis businesses must install and maintain the following equipment, or any other equipment which the Community Development Director or his/her designee(s) determine is a more effective method or technology:
a. An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; and
b. An air system that creates negative air pressure between the commercial cannabis businesses interior and exterior, so that the odors generated inside the commercial cannabis business are not detectable on the outside of the commercial cannabis business.
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Signage and Notices
63. The permittee shall conform with the following Signage Specifications:
a. In addition to the requirements otherwise set forth in this section, business identification signage for a commercial cannabis business shall conform to the requirements of the City of Oxnard regulations, including, but not limited to, seeking the issuance of a City sign permit.
b. No signs placed on the premises of a commercial cannabis business shall obstruct any entrance or exit to the building or any window. c. Each entrance to a commercial cannabis business shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the commercial cannabis business is prohibited.
d. Business identification signage shall be limited to that needed for identification only and shall not contain any logos or information that identifies, advertises, or lists the services or the products offered. No commercial cannabis business shall advertise by having a person holding a sign and advertising the business to passersby, whether such person is on the premises of the commercial cannabis business or elsewhere including, but not limited to, the public right-of-way. e. Signage shall not be directly illuminated, internally or externally. No banners, flags, billboards or other prohibited signs may be used at any time. f. No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of any property issued a commercial cannabis business permit, or on any of the vehicles owned or used as part of the commercial cannabis business.
Community Benefits Agreement
64. Prior to issuance of a certification of occupancy, Applicant shall enter into a signed and recorded Community Benefits Agreement with the City. Said agreement shall include the following:
65. Retail
a. One time payment of $250,000
b. Donation of 1% of gross revenues to the City of Oxnard required to be paid with the associated yearly business license fee. This amount is in addition to the license fee and the City cannabis taxes.
c. Requirement to hire 75% of the businesses employees from the City of Oxnard, as defined in Chapter 11 of the Oxnard City Code.
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BILLING AND LICENSING CONDITIONS
Cannabis Business Tax Certificate
66. Prior to commencing operations, any business engaged in a Commercial Cannabis Business shall obtain a Commercial Cannabis Business tax certificate, pursuant to Article I. The Commercial Cannabis Business taxes imposed by Chapter 11, Article XVI of the Oxnard City Code shall be paid, in arrears, on a quarterly basis to the City Licensing Department.
67. The Applicant for a Commercial Cannabis Business shall secure from the Department of Billing and Licensing a commercial cannabis business tax certificate.
68. On applying for a Commercial Cannabis Business tax certificate, the applicant shall furnish to the tax administrator a sworn statement, on a form provided by the tax administrator setting forth the following:
a. The exact nature of the Commercial Cannabis Business for which the Commercial Cannabis Business tax certificate is applied; b. The street address where such business is to be conducted, the street addresses of the residences of the owners of the business or names and street addresses of the officers or partners if a corporation or partnership;
c. If the amount of the Commercial Cannabis business tax is measured by gross receipts, the applicant shall estimate the gross receipts for a period of one full calendar quarter. Such an estimate, if accepted by the tax administrator as reasonable, shall be used in determining the amount of the Commercial Cannabis Business tax. However, the amount is only provisional.
d. At the end of the tax period, the tax administrator may request the certificate to verify gross receipts. Within 30 days of the request, the certificate shall report to the tax administrator the gross receipts during the Commercial Cannabis Business tax period, and the Commercial Cannabis Business tax will be redetermined. If the certificant underpaid the redetermined Commercial Cannabis Business tax, the certificant shall immediately pay the amount due.
Reporting and remittance of quarterly tax payments
69. The Commercial Cannabis Business tax shall be paid in arrears on a quarterly basis.
70. Each person owing Commercial Cannabis Business tax for a calendar quarter shall, no later than the last day of the month following the close of the calendar quarter, file with the tax administrator a statement of the tax owed for that calendar quarter and the basis for calculating the tax.
71. For the purpose of ascertaining the amount of Commercial Cannabis Business tax owed or verify any representations made by any taxpayer to the city in support of his or her calculation, proof of gross revenues (including but not limited to bookkeeping records, 146
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State and Federal income tax returns, and other records relating to the gross receipts of the business) must be provided prior to obtaining or renewing a Commercial Cannabis Business tax certificate.
72. Quarterly after commencing operations, Applicant shall allow the City of Oxnard officials or their designees to have access to the business’s books, records, accounts, together with any other data or documents relevant to its permitted commercial cannabis activities, for the purpose of conducting an audit or examination. Books, records, accounts, and any and all relevant data or documents will be produced no later than twenty-four (24) hours after receipt of the City’s request, unless otherwise stipulated by the City. The City may require the materials to be submitted in an electronic format that is compatible with the City’s software and hardware.
73. At all times during the life of the permit, Applicant shall pay all sales, use, business and other applicable taxes, and all license, registration, and other fees required under federal, state and local law. Each commercial cannabis business shall cooperate with the City with respect to any reasonable request to audit the Commercial Cannabis Business’ books and records for the purpose of verifying compliance with this section, including but not limited to a verification of the amount of taxes required to be paid during any period.
74. The Applicant shall maintain accurate books and records in an electronic format, detailing all of the revenues and expenses of the business, and all of its assets and liabilities. On no less than an annual basis (at or before the time of the renewal of a Commercial Cannabis Business permit issued pursuant to Chapter 11, Article XVI, Section 11-476 of the Oxnard City Code), or at any time upon reasonable request of the City, each Commercial Cannabis Business shall file a sworn statement detailing the fiscal value of sales by the Commercial Cannabis Business during the previous twelve-month period (or shorter period based upon the timing of the request), provided on a per-month basis. The statement shall also include gross sales for each month, and all applicable taxes paid or due to be paid. On an annual basis, each owner and operator shall submit to the City a financial audit of the business’s operations conducted by an independent certified public accountant. Each permittee shall be subject to a regulatory compliance review and financial audit as determined by the City Manager or his/her designee(s)
Employee Work Permit
75. Prior to issuance of a certificate of occupancy for the Commercial Cannabis Business, all employees are required to comply with Chapter 11, Article XVI, Section 11-455 of the Oxnard City Code which specifies the requirements for employees of cannabis operators; the Cannabis Employee Work Permit is required to be obtained from the City Licensing Department.
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76. Cannabis Employee Permit Requirements shall comply with Chapter 11:
a. Cannabis Employee Work Permit Application;
b. Cannabis Employee Work Permit Fee $125.00, or as update by the City; c. Age and verification of applicant, copy of government ID required (must be at least 21 years of age);
d. Investigation Questionnaire;
e. Live Scan (fingerprinting and a recent photograph of the applicant); and f. A statement signed under penalty of perjury that the information is true and correct.
77. A Cannabis Employee Work Permit shall be valid for up to twelve (12) months from the date of certificate of occupancy and shall be renewed on an annual basis by the permittee/employer and all applicable employees. If a permit is issued for less than a 12-month basis, then the cost of such permit shall be adjusted on a pro-rata basis.
78. The Applicant and Commercial Cannabis Business employees will be issued a permit in the form of a personal identification card that shall be worn in a prominent and visible location. The identification card shall be maintained in good and readable condition at all times.
Employment Transfers
79. In the event a person changes employment from one Commercial Cannabis Business in the City to another, the work permit holder shall notify the applicable Department Head or his/her designee(s) in writing of the change within ten (10) days, or the work permit shall be suspended or revoked, and such person shall not be permitted to work at any Commercial Cannabis Business within the City.
Revocation of Employee Work Permit
80. The City may immediately revoke the commercial cannabis employee permit should the permit holder be convicted of a crime listed in Chapter 11, Article XVI, Section 11-455 of the Oxnard City Code or if facts become known to the City that the permit holder has engaged in activities showing that he or she has been convicted of a crime involving dishonesty.
Appeal of Employee Work Permit Revocation
81. The Applicant may appeal the denial or revocation of a commercial cannabis employee permit by filing a notice of appeal with the City Clerk within ten (10) days of the date the applicant received the notice of denial/ revocation. Revocation shall follow the provisions contained in Oxnard City Code Chapter 11.
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POLICE CONDITIONS
Security Measures
82. The Applicant shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products, and to deter and prevent the theft of cannabis or cannabis products at the Commercial Cannabis Business. Except as may otherwise be determined by the City Manager or his/her designee(s), these security measures shall include, but shall not be limited to, all of the following and are considered in addition to the Best Practices identified in the guidelines for issuance of a Cannabis Business Permit and/or conditions imposed as part of the land use permit approval.
83. An alarm system shall include intrusion, fire, and panic button components. The system shall be remotely monitored by a licensed alarm service provider. The burglar alarm system shall utilize dual technology sensors and be able to differentiate between human and non-human motion. These sensors shall be mounted throughout the premises and specifically include: Secured Lobby, Retail Area, Service Counter, Secured Storage Vault, Intake Area, Employee Break Area, Manager’s Office, Corridor and the Roof.
84. An access control system and security personnel shall restrict access to the site to persons engaged directly with the permitted operations of the Commercial Cannabis Business.
85. Security personnel shall remove any person on or about the Commercial Cannabis Business who is not engaged directly with the permitted operations of the business.
86. Except for live growing plants which are being cultivated at a cultivation facility, all cannabis and cannabis products shall be stored in a secured and locked vault or vault equivalent. All safes and vaults shall be compliant with Underwriter Laboratories burglary-resistant and fire-resistant standards. All cannabis and cannabis products, including live plants that are being cultivated, shall be kept in a manner as to prevent diversion, theft, and loss.
87. A security camera system shall monitor activity inside and around the Commercial Cannabis Business. The system shall provide secure real-time access to the City Manager or his/her designee(s) of any and all cameras at the site. The system shall meet or exceed current industry standards. The system shall be reevaluated every five years on the anniversary of the issuance of the permit to ensure the system, software and equipment meets current industry standards. The Commercial Cannabis Business shall upgrade equipment within six-months of the reevaluation when findings have identified needed improvements or upgrades.
88. A security plan shall be approved by the Police Chief or his/her designee(s). The security plan shall include all elements of the alarm system, security camera system, and 149
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access control system. The plan shall also include security policies, cash handling policies, security personnel post orders, and requirements for security patrols during hours the business is closed. The security plan is subject to review on the annual anniversary of the issuance of the permit. Should a deficiency in the plan be discovered through findings during an inspection, a theft event, an audit or other significant event where a flaw in the security plan failed to sufficiently capture or deter a theft, loss of product, or an injury the plan may be amended by the Police Chief or his/her designee(s).
89. Any bars installed on the windows or the doors of the Commercial Cannabis Business shall be installed only on the interior of the building.
90. Security personnel shall monitor premises in accordance with a security plan as authorized by the City Manager or his/her designee(s), and must have a verified response security patrol when closed. Security personnel must be licensed by the State of California Bureau of Security and Investigative Services personnel and shall be subject to the prior review and approval of the City Manager or his/her designee(s), with such approval not to be unreasonably withheld. Firearms may be carried by security personnel while they are on duty if authorized by the Police Chief.
91. Each Commercial Cannabis Business shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage.
92. Entrance areas are to be locked at all times and under the control of a designated responsible party that is either:
a. An employee of the Commercial Cannabis Business; or
b. A licensed security professional
93. Each Commercial Cannabis Business shall have an accounting software system in place to provide point of sale data as well as audit trails or both product and cash, where applicable.
94. Each Commercial Cannabis Business shall demonstrate to the Police Chief, City Manager or their designee(s) compliance with the state’s track and trace system for cannabis and cannabis products, as soon as it is operational.
95. Each Commercial Cannabis Business shall have state of the art network security protocols in place to protect computer information and all digital data.
96. Exterior vegetation shall be planted, altered and maintained in a fashion that precludes its use as a hiding place for persons on the premises.
97. The Applicant shall identify a designated security representative/liaison to the City of Oxnard, who shall be reasonably available to meet with the City Manager or his/her 150
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designee(s) regarding any security related measures or and operational issues. The designated security representative/liaison shall, on behalf of the Commercial Cannabis Business, annually maintain a copy of the current security plan on the premises of the business, to present to the City Manager or his/her designee(s) upon request that meets the following requirements:
a. Confirms that a designated Manager will be on duty during business hours and will be responsible for monitoring the behavior of employees. b. Identifies all Managers of the Commercial Cannabis Business and their contact phone numbers.
c. Confirms that first aid supplies and operational fire extinguishers are located in the service areas and the Manager’s office.
d. Confirms that burglar, fire, and panic alarms are operational and monitored by a licensed security company 24 hours a day, seven days a week, and provides contact information for each licensed security company. e. Identify a sufficient number of licensed, interior and exterior security personnel who will monitor individuals inside and outside the Commercial Cannabis Business, the parking lot, and any adjacent property under the business’ control. f. Confirm that the licensed security personnel shall regularly monitor the parking lot and any adjacent property to ensure that these areas are: (i) free of individuals loitering or causing a disturbance; (ii) are cleared of employees and their vehicles one-half hour after closing.
98. The Applicant shall have a storage and transportation plan, which describes in detail the procedures for safely and securely storing and transporting all cannabis, cannabis products, and any currency. The storage and transportation plan shall be a confidential document that is intended to be reviewed and approved by the City Manager and his/her designee(s) and not available for public consumption.
99. The Applicant shall cooperate with the City whenever the City Manager or his/her designee(s) makes a request, without prior notice, to inspect or audit the effectiveness of any security plan or of any other requirement of this Article. Prevention Fire Inspectors shall be allowed access to audit buildings for Fire Life Safety concerns on a yearly basis or as determined necessary per the Fire Marshal.
100. The Applicant shall notify the Police Chief within twenty-four (24) hours after discovering any of the following:(Section 11.437 (E))
a. Significant discrepancies identified during inventory. The level of significance shall be determined by the regulations promulgated by the City Manager or his/her designee(s).
b. Diversion, theft, loss, or any criminal activity involving the Commercial Cannabis Business or any agent or employee of the Commercial Cannabis Business.
c. The loss or unauthorized alteration of records related to cannabis, customers or employees or agents of the Commercial Cannabis Business. d. Any other breach of security.
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Planning Commission Hearing Date: January 13, 2022
101. The Applicant acknowledges compliance with the foregoing requirements shall be verified by the City Manager or his/her designee(s) prior to commencing business operations. The City Manager or his/her may supplement these security requirements once operations begin, subject to review by the City Manager if requested by the business owner.
102. The Applicant shall post in a location readily-visible to the public location the original copy of the Commercial Cannabis Business permit conditions of approval and the City issued business license.
103. The Applicant shall prohibit loitering by persons outside the facility both on the premises and within fifty (50) feet of the premises.
104. Prior to the establishment of any Commercial Cannabis Business or the operation of any such business, the employer intending to establish a Commercial Cannabis Business must first obtain all applicable planning, zoning, building, and other applicable permits from the relevant governmental agency which may be applicable to the zoning district in which such Commercial Cannabis Business intends to establish and to operate. 105. The Applicant acknowledges no person shall cause or permit the sale, dispensing, or consumption of alcoholic beverages on or about the premises of the Commercial Cannabis Business.
106. The Applicant acknowledges no person shall cause or permit the sale or tobacco products on or about the premises of the Commercial Cannabis Business. 107. Prior to beginning employment all employees are required to secure and have issued a background check and passed a live scan through the Police Department as specified in Chapter 11, Article XVII of the Oxnard City Code. Results of the background check/live scan shall be provided to the employee and employer(s). 108. Inbound and outbound shipping of product and/or cash shall only occur during daylight hours. Deliveries and departure times of product and/or cash shall be irregular and maintained as a confidential matter known only to those persons who have a need to know.
109. No signage, graphic or symbol displayed visible outside the building shall show that the site is a cannabis business unless the specific sign, graphic or symbol is jointly approved by the Planning Manager and the Chief of Police or their designees. 152
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Planning Commission Hearing Date: January 13, 2022
Exterior Lighting
110. A condition of approval requires compliance with the Outdoor Lighting Code & Guideline Outdoor lighting shall comply with Title 24, Part 6, of the California Code of Regulations: California’s Energy Efficiency Standards for Residential and Nonresidential Buildings.
a. Unless approved as a specific exception to this guideline, all outdoor lighting shall be flat lens, full cut-off fixtures with the light source fully shielded with the exceptions:
b. Luminaires with a maximum output of 260 lumens per fixture, regardless of number of bulbs (equal to one 20-watt incandescent light), may be left unshielded provided the fixture has an opaque top to keep light from shining directly up.
c. Luminaires that have a maximum output of 1,000 lumens per fixture, regardless of number of bulbs (equal to on 60-watt incandescent light) may be partially shielded provided the bulb is not visible, and the fixture has an opaque to keep light from shining directly up.
d. Oxnard City Code 16-320: Lighting within physical limits of the area required to be lighted shall not exceed seven foot-candles, nor be less than one foot-candle at any point. A light source shall not shine upon, or illuminate directly any surface other than the area required to be lighted. No lighting shall be of a type or in a location that constitutes a hazard to vehicular traffic, either on private property or on the abutting streets. The height of light standards shall not exceed 26 feet. To prevent damage from automobiles, standards shall be mounted on reinforced concrete pedestals or otherwise protected.
111. Exterior lighting of the site including parking areas shall be between 1 and 7-foot candles and shall be in harmony with existing adjacent lighting schemes. 112. All exterior lighting shall operate from dusk to dawn. 113. LED or similar in nature and spectrum (3,000K to 20,000K Correlated Color Temperature).
114. Lighting instruments shall be full cut-off and installed so that light does not directly illuminate property outside the project site. Instruments shall not create glare for motorists or pedestrians.
115. Outdoor lighting instruments shall not be placed in close proximity of parking lot trees.
In the event outdoor lighting instruments and trees are in close proximity an additional sheet will be required illustrating light and tree placement showing trees with a 20-year maturity.
116. Integrated landscape/lighting/photometric plan shall be submitted illustrating a 20-year tree maturity. This plan shall include all outdoor areas as well as the parking facility. 153
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Planning Commission Hearing Date: January 13, 2022
This is to ensure that tree growth will not adversely impact future lighting and therefore site safety as the project matures. Luminaires used in the photometric calculations shall only include those instruments mounted 8-feet or more above any walking/driving surface. This plan shall be submitted to [email protected] and approved prior to the issuance of building permits.
117. Safe Room construction shall consist of the below minimum features:
a. Concrete or CMU wall or walls and/or
b. Wood or steel stud constructed walls and ceiling wrapped with a metal mesh enveloped under drywall surfacing. Metal mesh shall have a minimum weight of .45 lbs. per sq. ft. and be opened spaced no more than 76%. c. Other than doors, openings in the metal mesh walls shall not be larger than 12-inches square to provide HVAC ventilation and similar mechanical access. d. Each door and window shall have callouts on plans identifying their size and design features.
e. Any service windows shall be constructed with a securable metal door or plate and have a vertical opening no taller than 12-inches.
118. Retail sites shall install security glass or interior mounted roll-up security screens for each window.. Design, placement and exceptions shall be approved by Planning and Police prior to the issuance of Building Permits.
Operations and Inspections
119. The permittee is authorized to operate the commercial cannabis retail business license between the hours of 9:00 a.m. to 9:00 p.m, subject to lighting requirements of these conditions.
120. Cash handling procedures shall be approved by the police chief or his/her designee. 121. Except for live growing plants which are being cultivated at a cultivation facility, all cannabis and cannabis products shall be stored in a secured and locked vault or vault equivalent. All safes and vaults shall be compliant with Underwriter Laboratories burglary-resistant and fire-resistant standards. All cannabis and cannabis products, including live plants that are being cultivated, shall be kept in a manner as to prevent diversion, theft, and loss.
122. A security camera system shall monitor activity inside and around the Commercial Cannabis Business. The system shall provide secure real-time access to the City Manager or his/her designee(s) of any and all cameras at the site. The system shall meet or exceed current industry standards. The system shall be reevaluated every five years on the anniversary of the issuance of the permit to ensure the system, software and equipment meets current industry standards. The Commercial Cannabis Business shall upgrade equipment within six-months of the reevaluation when findings have identified needed improvements or upgrades.
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Planning Commission Resolution No. 2021-XX (PZ 21-516-24 (SUP), (TD Enterprise LLC dba Oxnard Holistics Commercial Cannabis Business Permit))
Planning Commission Hearing Date: January 13, 2022