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
Meeting Location: Council Chambers, 305 West Third Street June 21, 2022
Closed Session - 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: 826 7386 2972
3. Passcode: 360862
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. 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.
The public may 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. ATTEND THE MEETING AT THE LOCATION LISTED ABOVE: Submit a speaker card to the City Clerk.
2. EMAIL COMMENTS OR SIGN UP TO SPEAK REMOTELY BEFORE THE MEETING a. 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.
b. Submit an email to [email protected] no later than 3 p.m. on the day of the meeting (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. c. Contact the City Clerk’s Office at (805) 385-7803 to submit your request.
3. PROVIDING PUBLIC COMMENTS REMOTELY DURING THE MEETING a. To provide public comment during the meeting dial (888) 475-4499 and enter the Meeting ID and Passcode listed above as the Zoom details for this meeting. When the Mayor announces the particular item on the agenda you want to speak on, press *9 to raise your hand while in the zoom waiting room. Once called on, press *6 to unmute your phone.
1 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY June 21, 2022 PAGE 2
b. Public comments on agenda items will be taken following the announcement of the item. After the item is announced, members of the public may register or otherwise be recognized for the purpose of providing public comment.
Detailed participation instructions can be found at www.oxnard.org/city-meetings. * 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 and Housing Authority
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 (5:00 PM)
1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Government Code Section 54956.9(d)(1))
Name of case: City of Oxnard v. All Persons Interested in the Matter of the Issuance and Sale of Bonds for the Purpose of Refunding Certain Obligations Owed by the City of Oxnard to the Public Employees’ Retirement System Under the Public Employees’ Retirement Law, and all Proceedings Leading Thereto, Including the Adoption of Resolution No. 15,543 of the City Council of the City of Oxnard Authorizing the Issuance and Sale of Such Bonds and Authorizing the Execution and Delivery of a Trust Agreement and Related Documents.
Ventura County Superior Court, Case No. 56-2022-00563903-CU-MC-VTA Legislative Body: City Council
D. OPENING CEREMONIES (6:00 PM)
Pledge of allegiance to the flag of the United States.
E. CEREMONIAL ITEMS
1. SUBJECT: Presentation of a Commendation to Oxnard High School Boys Varsity Basketball Team.
F. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
A person may address the legislative body only on matters not appearing on the agenda and within the subject matter jurisdiction of the legislative body. Speaker requests shall be submitted as set forth on the first page of this agenda. Speakers are limited to three minutes. After 30 minutes, if all speakers have not had the opportunity to speak, the remaining speakers will be given an opportunity to speak prior to adjournment of the meeting. The legislative body cannot enter into a detailed discussion or take action on any items presented during public comments at this time. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion. Persons wishing to speak on public hearing items should do so at the time of the hearing.
G. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
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 2 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY June 21, 2022 PAGE 3
Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion.
1. City Manager Department
SUBJECT: Ratification of Director Orders regarding the water shortage emergency and mandatory water conservation measures.
RECOMMENDATION: That the City Council adopt a resolution ratifying orders issued by the Director in response to the previously proclaimed water shortage emergency and mandatory water conservation measures.
Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430
H. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY
BUSINESS/COMMITTEE REPORTS
At this time, a member of the legislative body may make a brief announcement, or make a brief report on his or her activities. Further, members of the legislative body may request to schedule consideration of whether to place an item on a future agenda. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. The member's report shall not exceed three minutes, unless additional time is granted by the presiding officer.
1. City Manager Department
SUBJECT: Appointment of Member to Serve on the City's Measure O Citizen Oversight Committee. (0/5/5)
RECOMMENDATION: That the Mayor, with the approval of the City Council, make the following appointment to the Measure O Citizen Oversight Committee: Noemi Valdes. (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/wfq1yt3SC7I
Legislative Body: City Council
Contact: Shiri Klima, (805) 385-7487
I. REVIEW OF INFORMATION/CONSENT AGENDA
The members of the legislative body will consider whether to remove Information/Consent Agenda items for discussion later during the meeting.
J. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
At this time, a person may address the legislative body only on matters appearing on the information/consent agenda. The presiding officer shall limit public comments to three minutes.
K. INFORMATION/CONSENT AGENDA
1. City Clerk Department
SUBJECT: Approval of Minutes.
RECOMMENDATION: That the City Council approve the minutes of the May 3, 2022 regular meeting and the April 13, 2022 and April 27, 2022 special meetings as presented.
Legislative Body: City Council
Contact: Rose Chaparro, (805) 385-7805
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY June 21, 2022 PAGE 4
2. Fire Department
SUBJECT: Purchase Order with Motorola for $777,385.26 for 73 Radios.
RECOMMENDATION: That the City Council authorize the Mayor to sign a Purchase Order with Motorola Solutions in the amount of $777,385.26 for the purchase of thirty-three (33) APX 8500 all-band mobile radios and forty (40) APX 8000 all-band portable radios with spare batteries and remote speaker microphones.
(Community Services, Public Safety, Housing & Development Committee approved 3-0 on May 24, 2022.)
Legislative Body: City Council
Contact: Alexander Hamilton, (805) 385-7700
3. City Manager Department
SUBJECT: Updates to Citizen Advisory Group (CAG) Bylaws and Efforts to Develop Effective and Efficient Processes for CAGs.
RECOMMENDATION: That the City Council adopt a resolution:
1. Establishing uniform CAG bylaws; and
2. Repealing previous CAG bylaws.
(The Finance and Governance Committee approved 2-0 on May 24, 2022) Legislative Body: City Council
Contact: Ashley Golden, (805) 385-7478
4. Police Department
SUBJECT: Ventura County Animal Services Agreement.
RECOMMENDATION: That the the City Council approve a budget appropriation with a total cost projection in the amount of $2,156,159 and authorize the City Manager to sign a Service Level Request for FY 22-23 for the third year of a five-year agreement (A-8151) with the County of Ventura to provide animal safety services.
(The Community Services, Public Safety, and Economic Development Committee approved 3-0 on May 24, 2022)
Legislative Body: City Council
Contact: Jason Benites, (805) 385-7624
5. Police Department
SUBJECT: CHP Cannabis Grant.
RECOMMENDATION: That the City Council adopt a resolution authorizing:
1. The City Manager to apply for $394,147.00 in grant funds from the California Highway Patrol (CHP) to be used for the FY 22-23 CHP Cannabis Grant.
2. The City Manager or designee to execute grant agreements and appropriate funds upon confirmation of the grant award.
3. The Chief Financial Officer or designee to submit financial reports and grant claims and approve budget appropriations for the use of CHP Cannabis grant funds. 4 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY June 21, 2022 PAGE 5
4. The Chief of Police or designee to submit all program-related progress or status reports. (This item did not originate in Committee.)
Legislative Body: City Council
Contact: Jason Benites, (805) 385-7624
6. Public Works Department
SUBJECT: Second Amendment to Lease Agreement A-6480 with Union Pacific Railroad Company.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a Second Amendment to Lease Agreement A-6480 for five (5) years from the effective date of this Second Amendment with Union Pacific Railroad Company (Union Pacific) for the lease of City property at 255 and 273 East Fifth Street.
(This item did not originate in Committee.)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
7. Housing Department
SUBJECT: Authorize the Assessment and Collection of Fees within the Oxnard Downtown Management District for Fiscal Year 2022-23.
RECOMMENDATION: That the City Council adopt a resolution authorizing the assessment and collection of fees within the Oxnard Downtown Management District (the "District") for Fiscal Year (FY) 2022-23.
(This item did not originate in Committee.)
Legislative Body: City Council
Contact: Emilio Ramirez, (805) 385-8094
8. Housing Department
SUBJECT: Housing Authority Low Rent Public Housing and Housing Choice Voucher Program Budgets for Fiscal Year 2022-23.
RECOMMENDATION: That the Board of Commissioners of the Housing Authority of the City of Oxnard:
1. Adopt a resolution approving the recommended $6,872,555 operating budget for the Low Rent Public Housing Program for Fiscal Year 22-23, as presented for each project area, and approve and authorize the use of $575,652 of unrestricted cash to fund the projected deficit; and
2. Adopt a resolution approving the recommended $25,112,313 operating budget for the Housing Choice Voucher Program for Fiscal Year 22-23 and approve and authorize the use of $285,349 of unrestricted cash to fund the projected deficit. (The Finance and Governance Committee approved 2-0 on May 24, 2022) Legislative Body: Housing Authority
Contact: Emilio Ramirez, (805) 385-8094
9. Housing Department
5 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY June 21, 2022 PAGE 6
SUBJECT: Housing Authority Investment Policy.
RECOMMENDATION: That the Board of Commissioners of the Housing Authority of the City of Oxnard adopt a resolution adopting an investment policy for the Housing Authority of the City of Oxnard for FY 2022-2023.
(The Finance and Governance Committee approved 2-0 on May 24, 2022) Legislative Body: Housing Authority
Contact: Emilio Ramirez, (805) 385-8094
10. Public Works Department
SUBJECT: First Amendment to Agreement A-8126 for Delivery of Bulk Fuel (Unleaded Gasoline, Clear Diesel and Red Dye Diesel) to City Facilities.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a first amendment to Agreement A-8126 with Conico Toro, Inc., to increase the not to exceed amount from $1,420,200 to $3,120,200 and extend the term two additional years from June 30, 2022 to June 30, 2024, and incorporate the Water Campus, Blending Stations 3, 4 and 5, and Advanced Water Purification Facility (AWPF) location sites.
(Public Works and Transportation Committee approved 3-0) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
11. Public Works Department
SUBJECT: Third Amendment to Agreement A-8221 with Big Truck Rental, LLC for Short Term Rental of Compressed Natural Gas (CNG) Residential Refuse Collection Vehicles for the Environmental Resources Division.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a Third Amendment to Rental Agreement No. A-8221 with Big Truck Rental, LLC to increase the not to exceed amount from $1,707,200 to $3,168,800 and extend the term from June 30, 2022 to June 30, 2023 for the short term rental of 15 compressed natural gas (CNG) residential and commercial refuse collection vehicles.
(Public Works and Transportation Committee approved 3-0) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
12. Billing and Licensing Department
SUBJECT: Agreement No. A-8467 with Infosend, Inc. for Utility Bill and Business Tax Form Printing, Inserting and Mailing Services.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a three-year agreement with Infosend, Inc. for utility bills and business tax form printing, inserting and mailing services in an amount not to exceed $996,534 to commence on July 1, 2022, through June 30, 2025.
(Finance and Governance Committee approved 2-0)
Legislative Body: City Council
Contact: Eden Alomeri, (805) 385-7811
6 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY June 21, 2022 PAGE 7
13. Information Technology Department
SUBJECT: Second Amendment to Superion LLC, a CentralSquare Company, Software License Agreement A-8011 for Information Technology Software and Services.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a second amendment to software license agreement A-8011 with Superion LLC, a CentralSquare Company, in the amount of $340,627 for a new not-to-exceed agreement amount of $1,458,505 for additional information technology software and services. (Finance and Governance Committee approved 3-0.)
Contact: Helen Miller, (805)385-7446
L. REPORTS
1. Finance Department
SUBJECT: Adoption of Fiscal Year 2022-23 Operating and Capital Improvement Budget. (0/20/20)
RECOMMENDATION: 1. That the City Council adopt the following resolutions:
a. A resolution of the City Council of the City of Oxnard Approving the City Operating and Capital Improvement Budget for Fiscal Year 2022-23;
b. A resolution of the City Council of the City of Oxnard Authorizing Full-Time Equivalent Positions in the City Service Effective July 1, 2022, in accordance with the Operating Budget for the Fiscal Year 2022-23;
c. A resolution of the City Council of the City of Oxnard Authorizing Classification and Salary Schedules and Approving the Attached Classification and Salary Schedule; d. A resolution of the City Council of the City of Oxnard Establishing Financial Management Policies;
e. A resolution of the City Council of the City of Oxnard Establishing an Appropriation Limit for the Fiscal Year 2022-23;
f. A resolution of the City Council of the City of Oxnard adopting a Master Fee Schedule; and
2. That the Housing Board of Commissioners adopt a Resolution Approving the Housing Authority's Operating Budget for the Fiscal Year 2022-23. (Finance and Governance Committee approved 3-0)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/T5JT_ZT7i_c
Legislative Body: City Council, Housing Authority Board Contact: Betsy George, (805) 200-5400
2. Community Development Department
SUBJECT: Agreements A-8481 and A-8482 / Fore - Caltrans Relinquishment Agreement and Maintenance Agreement and Notice of Intent to Vacate Easement. (0/10/10)
RECOMMENDATION: That the City Council:
1. Adopt a Resolution authorizing the City Manager or designee to negotiate and execute a State Highway Relinquishment Agreement (Agreement Number A-8482) by and between the State of California, acting through its Department of Transportation, and the City of Oxnard; and
7 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY June 21, 2022 PAGE 8
2. Authorize the City Manager or designee to negotiate and execute a Maintenance Agreement For Access Road (Agreement Number A-8481) by and between City of Oxnard, Oxnard Coastal Investments, LLC., and Ventura Land Development Company, LLC.; and
3. Adopt a resolution declaring its intention to vacate its right, title, and interest in a thirty- eight (38) foot wide utility easement, totaling approximately 33,409 square feet, along the frontage of the two parcels located at 2700 and 2750 North Ventura Road and direct the City Clerk to schedule a public hearing in accordance with the vacation procedures contained in California Streets and Highway Code Section 8300 et seq to be held on Tuesday, July 26, 2022 at 6:00 p.m. at the City Council Chambers; and
4. Find the projects exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3). (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/vB1iQGm2euI
Legislative Body: City Council
Contact: Vyto Adomaitis, (805) 385-7882
M. ADJOURNMENT
8 CITY COUNCIL AGENDA REPORT
CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR
AGENCY/FINANCING AUTHORITY
BUSINESS/COMMITTEE REPORTS
AGENDA ITEM NO. H.1
DATE: June 21, 2022
TO: City Council
FROM: Shiri Klima, Deputy City Manager, (805) 385-7487, [email protected]
SUBJECT: Appointment of Member to Serve on the City's Measure O Citizen Oversight Committee. (0/5/5)
RECOMMENDATION
That the Mayor, with the approval of the City Council, make the following appointment to the Measure O Citizen Oversight Committee: Noemi Valdes.
(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/wfq1yt3SC7I
BACKGROUND
Oxnard City Code section 2-36 states that the Mayor, with the approval of the City Council, shall appoint the members of each Citizen Advisory Group (CAG). The Measure O Citizen Oversight Committee is not a CAG, but its establishing resolution has similar language, except that there is no requirement for Committee members to undergo a background check before appointment.
DISCUSSION
The Measure O Citizen Oversight Committee is appointed to review the use of Measure O revenues approved by the City Council. The Committee is made up of nine members with one member appointed by the Mayor to represent the City at large, six members appointed by Council District, one member active in a business organization representing the business community located in the City, and one member active in a Neighborhood Council or Neighborhood Association located in the City. Commissioners must reside in the City and be over the age of 18. For this purpose, Councilmember Teran nominates Noemi Valdes to represent District 2.
Staff will return on a rolling basis with additional Council nominations to fill the remaining vacancies in the City’s commissions, committees and boards.
STRATEGIC PRIORITIES
This agenda item supports the Quality of Life strategy. The purpose of the Quality of Life strategy is to restore and increase quality services and programs that enrich Oxnard's diverse community, promotes safe neighborhoods, encourages community engagement, and supports our residents in their efforts to improve their quality of life.
FINANCIAL IMPACT
There is no financial impact.
9 COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Samantha Shapiro, Project Manager
ATTACHMENTS
1. Appointment of Member to Serve on the City's Measure O Citizen Oversight Committee Presentation 10 Samantha Shapiro, Project Manager
Appointment of Member to Serve
on the City’s Measure O Citizen
Oversight Committee
City Council
June 21, 2022
11 RECOMMENDATION 2
That the Mayor, with the approval of the City Council, make the following appointment to the Measure O Citizen Oversight Committee: Noemi Valdes (D2)
12 3
MEASURE O CITIZEN OVERSIGHT COMMITTEE
Function
Reviewing use of Measure O funds approved by Council
Requirements 9 members must be over age 18:
•1 member appointed at large by the Mayor
•6 members appointed by district
•1 member active in a business organization
•1 member active in a Neighborhood Council
Nomination Council Member T eran nominates Noemi Valdes 13 RECOMMENDATION 4
That the Mayor, with the approval of the City Council, make the following appointment to the Measure O Citizen Oversight Committee: Noemi Valdes (D2)
14 THE END
5 15
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.1
DATE: June 21, 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 May 3, 2022 regular meeting and the April 13, 2022 and April 27, 2022 special meetings 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 04 13 2022 CC Special Meeting
2. MINUTES 04 27 2022 CC Special Meeting
3. MINUTES 05 03 2022 CC Regular Meeting
16 MINUTES
OXNARD CITY COUNCIL
Special Council Meeting
April 13, 2022
A. ROLL CALL, POSTING OF AGENDA
At 6:04 p.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 S treet, Oxnard, California. The City Clerk called the roll and announced the posting of the agenda Councilmembers Gabriela Basua, Vianey Lopez, Oscar Madrigal, Bert E. Perello, Gabriel (Gabe) Teran, Mayor Pro Tem Bryan A. MacDonald, and Mayor John C. Zaragoza were present.
Councilmember Lopez arrived at 6:13 p.m. Councilmember Madrigal joined the meeting at 6:22 pm.
Staff members present in person were Alexander Nguyen, City Manager; Ashley Golden, Assistant City Manager; Stephen M. Fischer, City Attorne y; Ken Rozell, Chief Assistant City Attorney; Jason Zaragoza, Deputy City Attorney; Emilio Ramirez, Housing Director; and Rose Chaparro, City Clerk.
Lauren Langer and Greg Kettles, Attorneys with Best, Best & Krieger , also participated via videoconference.
THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council
B. OPENING CEREMONIES (6:00 PM)
The flag salute was followed by a moment of silence.
C. REPORTS
1. Housing Department
SUBJECT: Introduction of a Just Cause Eviction & Tenant Protection Ordinance and a Rent Stabilization Ordinance.
RECOMMENDATION: That the City Council:
1. Introduce for first reading by title only and waiving further reading of an ordinance adding Article I to Chapter 27 of the Oxnard City Code that is entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD ADDING ARTICLE I TO CHAPTER 27 OF THE OXNARD CITY CODE ESTABLISHING JUST CAUSE EVICTIONS AND OTHER TENANT PROTECTIONS”
2. Introduce for first reading by title only and waiving further reading of an ordinance adding Article II to Chapter 27 of the Oxnard City Code that is entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD ADDING ARTICLE II TO CHAPTER 27 OF THE OXNARD CITY CODE ESTABLISHING RENT STABILIZATION
REGULATIONS INCLUDING PROHIBITING RESIDENTIAL REAL PROPERTY RENTAL RATE INCREASES THAT EXCEED FIVE PERCENT (5%) ANNUALLY”
17 APRIL 13, 2022 OXNARD CITY COUNCIL PAGE 2
Emilio Ramirez, Housing Director ; Kenneth Rozell, Chief Assistant City Attorney ; and Jason Zaragoza, Deputy City Attorney; presented and answered questions.
Public com ments were received from Danielle Leidner Peretz, Jorge Toledano, Vanessa Teran, Juliet Esquibias, Janet Sprissler, Matthew Buck, Salena Bracamontes, Matt Capritto, Yuridiana Alvarado, Ofelia Flores, Kyle De La Torre, Barbara Macri-Ortiz, Santiago Mumon, Fidel Panfilo, Vasido, Zuleth Lucero, Felix Vasquez, Claudia Quesada, Daniela Aguirre, Lucila Cruz, Soledad Montoya, Arturo Villanueva, Maria Santiago, Petra Flores, Carmen Obeso, Alex Papadopouios, May Motamedi, Amadeo Sumano, Leticia Perez, Josefino, Teresa Santos, Maria Cervantes, Teresa Cruz, Santiago Rivera, Maria Navarro, Maria Martinez, Reynaldo Altamirano, Johana Mendez, Lorenzo Castillo, Leticia Perez, Itatemcui Morales, Ralf Moll, Henry Sapian Alvarado, Josefino Cervantes, Eduardo Huerta, Anastacio Espinoza, Evalia Mendoza, Ofelia Flores, Virgida Gomez, Salvador Villasenor, and Yasmine Alvarado. W ritten co mments wer e also received and submitted to Council for consideration. Discussion ensued among the Council and staff.
Item C.1 (1) Ordinance No. 3012 – Establishing Just Cause Evictions and Other Tenant Protections:
It was moved by Councilmember Lopez, seconded by Councilmember Teran, to approve the recommended action. VOTE: Basua, Lopez, Madrigal, Perello, Teran, and Zaragoza voted in favor; MacDonald voted against; motion passed 6-1.
Item C.1 (2) Ordinance No. 3013 – Establishing Rent Stabilization Regulations Including Prohibiting Residential Real Property Rental Rate Increases that Exceed Four Percent (4%) Annually:
Council made an amendment to the recommendation prohibiting residential real property rental rate increases that exceed five percent (5%) and amended to four percent 4% annually.
It was moved by Councilmember Basua, seconded by Councilmember Madrigal , to approve the recommended action as amended . VOTE: Basua, Lopez, Madrigal, MacDonald, Teran, and Zaragoza voted
in favor, Perello voted against; motion passed 6-1.
At 9:58 p.m. City Council voted to contin ue the meeting past 10:00 p.m., and take action on the remainder of the items on the agenda.
It was moved by Councilmember Perello, seconded by Councilmember Basua, to approve continuing the meeting past 10:00 p.m. VOTE: Basua, Lopez, MacD onald, Madrigal, Perello, Teran, and Zaragoza voted in favor; the motion carried 7-0.
D. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 10:30 p.m.
ROSE CHAPARRO JOHN C. ZARAGOZA
City Clerk Mayor
18 MINUTES
OXNARD CITY COUNCIL
Special Council Meeting
April 27, 2022
A. ROLL CALL, POSTING OF AGENDA
At 5:02 p.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 Councilmembers Gabriela Basua, Vianey Lopez, Oscar Madrigal, Bert E. Perello, Gabriel (Gabe) Teran, Mayor Pro Tem Bryan A. MacDonald, and Mayor John C. Zaragoza were present.
Staff members present in person were Alexander Nguyen, City Manager; Shiri Klima, Deputy City Manager; Stephen M. Fischer, City Attorney; Ken Rozell, Chief Assistant City Attorney; Paul Early, Deputy City Attorney; Jason Benites, Police Chief ; Michael Wolfe, Public Works Director ; Emilio Ramirez, Housing Director; Steve Naveau, Human Resources Director ; Mike More, Human Resources Risk Manager; Helen Miller, IT Director; and Rose Chaparro, City Clerk.
THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council
B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS (None received.)
C. CLOSED SESSION (5:00 PM)
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Government Code section 54956.9(d)(2))
Based on existing facts and circumstances, there is significant exposure to litigation against the City in three potential cases.
Legislative Body: City Council
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – (Government Code section 54956.8) Property: 407 West Hueneme Road (APN 222-0-082-295)
Agency Negotiator: Emilio Ramirez, Housing Director, and Alex Nguyen, City Manager Negotiating Party: Rene Centeno
Under Negotiation: Price and terms of payment
Legislative Body: City Council
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – (Government Code section 54956.8) Property: 625 North A Street (APN 200-0-244-250)
Agency Negotiator: Emilio Ramirez, Housing Director, and Alex Nguyen, City Manager Negotiating Party: J&J Properties LLC
Under Negotiation: Price and terms of payment
Legislative Body: City Council
4. 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 19 APRIL 27, 2022 OXNARD CITY COUNCIL PAGE 2
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
5. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code section 54957(a)) Consultation with: Shiri Klima, Deputy City Manager; Helen Miller, Chief Information Officer.
Legislative Body: City Council
At 5:08 p.m., the City Council recessed to a closed session. At 9:32 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. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the mee ting at 9:34 p.m.
ROSE CHAPARRO JOHN C. ZARAGOZA
City Clerk Mayor
20 MINUTES
OXNARD CITY COUNCIL
Regular Meeting
May 3, 2022
A. ROLL CALL, POSTING OF AGENDA
At 5:03 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 . Councilmembers Gabriela Basua, Vianey Lopez, Oscar Madrigal, Bert E. Perello, Gabriel (Gabe) Teran, Mayor Pro Tem Bryan A. MacDonald, and Mayor John C. Zaragoza were present.
Councilmember Basua arrived and joined the meeting at 6:44 p.m.
Staff members present in person were Alexander Nguyen, City Manager; Ashley Golden, Assistant City Manager; Stephen M. Fischer, City Attorney; Kenneth Rozell, Chief Assistant City Att orney; Michael Wolfe, Public Works Director; Joseph Marcinko, Assistant Public Works Director; Tatiana B. Arnaout, P.E., City Engineer; Omar Castro, Water Division Manager; Jan Hauser, Wastewater Division Manager; Emilio Ramirez, Housing Director; Vyto Ado maitis, Community Development Director; Kathleen Mallory, Planning & Sustainability Manager; Terrel Harrison, Cultural & Community Services Director; Betsy George, Chief Financial Officer; and Rose Chaparro, City Clerk.
Staff members Shiri Klima, Deputy C ity Manager; Jason Benites, Police Chief; Alexander Hamilton, Fire Chief; Steve Howlett, Assistant Public Works Director; Todd Vasquez -Housley, Environmental Resources Division Manager; Eden Alomeri, Revenue & Licensing Director & Assistant City Treasurer; participated via videoconference.
Christian Sprunger, Assistant Vice President and Craig Hill, Managing Principal at NHA Advisors also participated via videoconference.
THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council
B. APPOINTMENT ITEMS (5:00 PM)
1. Cultural & Community Services Department SUBJECT: Senior Services Commission Annual Report.
RECOMMENDATION: That City Council receives the Senior Services Commission annual report.
Terrel Harrison, Cultural and C ommunity Services Director introduced the Senior Services Commission Commissioners: Clark Owens, LaRita Montgomery, and Alice Sweetland who presented the annual report and followed with remarks. Report was received and filed, no formal action was required.
2. SUBJECT: Presentation by the Youth Coalition of Oxnard on Waste Disposal Research and Improvement. (20/5/5)
Students from the Oxnard Union High School District, Youth Coalition of Oxnard, members which presented were Fernanda Lizbeth Ruiz Vargas, Emily Ramirez, Leslie Lopez, Tracy Hoang, and Catia Teran presented to Council on the results of an eight month research project on the impacts of waste disposal to the community. Public comments were received by Manuel Herrera.
21 MAY 3, 2022 OXNARD CITY COUNCIL PAGE 2
C. OPENING CEREMONIES (6:00 PM)
The flag salute was followed by a moment of silence.
D. CEREMONIAL ITEMS
1. SUBJECT: Presentation of a Proclamation Designating the Month of May 2022 as "Older Americans Month."
Mayor Zaragoza read the proclamation and presented it to members of the Senior Services Commission: Alice Sweetland, Chair and Commissioners LaRita Montgomery and Clark Owens. They followed with remarks.
2. SUBJECT: Presentation of a Proclamation Designating the Month of May 2022 as "Asian American and Pacific Islander Heritage Month."
Mayor Zaragoza read the proclamation and presented it to Jen Benitez, Founder and Executive Director of the PINAYSPHERE Youth Arts Organization which made some remarks.
3. SUBJECT: Presentation of a Proclamation Designating the Week of May 15 - 21, 2022 as "Public Works Week."
Mayor Zaragoza read the proclamation and presented it to Michael Wolfe, Public Works Director who acknowledged the entire Public Works team for their hard work and dedication to the community of Oxnard.
4. SUBJECT: Presentation of a Proclamation Designating the Month of May, 2022 as "Building Safety Month."
Mayor Zaragoza read the proclamation and presented it to Vyto Adomaitis, Community Development Director, who acknowledged the Community Development staff for their dedication and service to the community of Oxnard.
E. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Public comments were received from Dan Pinedo (John v. Magary Recognition), Rev. Greg Runyon (Supreme Court leak/Celebrate our Differences), Larry Stein (SR Wells Funding Water System, complaint that it has not been built), and Pat Brown (large trucks driving on Oxnard Blvd. and Downtown).
F. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
Alexander Nguyen, City Manager, provided an update on current Covid-19 case numbers. He reminded the community to cautious. The City is ending its two-year pandemic pause on utility late fees on June 30, 2022.
The late fees will restart on late payments on June 30, 2022. He also provided an update on the Housing Element Certification Process. Michael Wolfe also reported on the Regional Water Agency Announcements.
G. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY
BUSINESS/COMMITTEE REPORTS
Mayor Pro Tem MacDonald will be attending the upcoming Gold Coast Transit Commission and the Ventura County Transportation Commission meetings.
Councilmember Teran attended the Police Off icer of the Year and congratulated Maria Pen a. He al so attended the retirement event for Assistant Police Chief Sonstegard.
He attended the Sierra Linda Neighborhood Council first in-person meeting. He also attended the RiverPark 22 MAY 3, 2022 OXNARD CITY COUNCIL PAGE 3
Neighborhood Council meeting and thanked Chair Tai Hartley, and City’s staff from the Special Districts.
Councilmember Madrigal congratulated his mother on her birthday celebration. He attended the Sports Park “Idea Day” event organized by the City of Oxnard to receive input from the community for a future Sports Park, next to Pacifica High School. He also attended the Rock into Sports event in partnership with the Oxnard School District and held at Frank Middle School. Also, attended the “Juntos Podemos” event, organized by Cal State Long Beach graduate students and he ld at Oxnard High School. He will be a speaker at the Rose Park Neighborhood Council meeting at Rose Avenue School. He was contacted by a resident and they walked over to Del Sol Park and noted debris and other items that were found at the park which needed clean-up. Congratulated all high school students who will be graduating and acknowledged teachers.
She also complaint that round-up was being sprayed at the park.
Mayor Zaragoza reported that 800 boxes of food were distributed by the Food Share of Ve ntura County. He thanked Food Share for inviting him to distribute the food boxes and thanked them for their efforts. He attended the National Crime Victim’s Rights Week commemoration, hosted by the Ventura County District Attorney’s Office, on April 25, 2022, held at the Oxnard Performing Arts Center. He thanked Erik Nasarenko, District Attorney, for organizing this event and holding it in Oxnard. He also attended the 19 th
Annual Latino Officer’s Association. He congratulated the 21 students that rece ived the grants. He also attended the Sport Park Idea Day. He wished all the moms a Happy Mother’s Day.
Councilmember Perello attended the retirement event for Assistant Police Chief Sonstegard. Attended the Police Officers meeting, Western Ventura County Business Alliance meeting. Also attended the Channel Islands Neighborhood Council , the Dunes Neighborhood Council meeting , and the Oxnard Airport Authority meetings. He worked with City staff to address a health concern incident at the corner of Doris and Patterson, individuals selling food without restroom facilities.
H. REVIEW OF INFORMATION/CONSENT AGENDA
Items J-1 through J-6 were discussed among the Council and staff.
I. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA (None received.) Public comments were received from Pat Brown (J.3 and J.5) and Lawrence Stein (J.3).
J. INFORMATION/CONSENT AGENDA
1. City Clerk Department SUBJECT: Approval of Minutes.
RECOMMENDATION: That the City Council approve the minutes of the March 15, 2022 regular meetings as presented.
2. Community Development Department
SUBJECT: First Amendment to Agreement for Environmental Services with Rincon Consultants and Environmental Science Associates.
RECOMMENDATION: That the City Council execute a First Amendment with Rincon Consultants, Inc., and Environmental Science Associates (ESA), to increase Agreements #9062-20-CD and #9077-20-CD by $200,000 for Rincon Consultants, and $100,000 for ESA, respectively, for revised not-to-exceed amounts of $400,000 and $300,000, respectively.
23 MAY 3, 2022 OXNARD CITY COUNCIL PAGE 4
3. Community Development Department
SUBJECT: Adoption of Ordinance No. 3015 - Portofino Place: A request for a General Plan Amendment to change the 2030 General Plan land use designation of a 7.61-acre site located along the south side of Fifth Street at the intersection of Portofino Place (south of the Oxnard Airport) (APNs: 185-0-221-025, 185-0-221-265, and 185-0-223-015) from Business Research Park (BRP) to Residential Medium (RM) (PZ 20-620-02); a Zone Change from Business Research Park to Multiple-Family (R-2) (PZ 20-570-02), and a Tentative Subdivision Map (Tract No. 6064) for condominium purposes (PZ 20-300-02) to allow for the construction of 90, two-story condominium dwelling units and associated site improvements.
RECOMMENDATION: That the City Council adopt Ordinance No. 3015 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).
4. Public Works Department
SUBJECT: Agreement A-8444 with Pirate California Holdings, LLC dba Pirate Staffing for Temporary and Supplemental Labor Services at the Del Norte Regional Recycling and Transfer Station.
RECOMMENDATION: That the City Council authorize the Mayor to execute Agreement A-8444 with Pirate California Holdings, LLC dba Pirate Staffing in an amount not to exceed $800,000 for a three-year term, for temporary and supplemental labor services at the Del Norte Regional Recycling and Transfer Station.
(Public Works and Transportation Committee approved 3-0)
5. Public Works Department
SUBJECT: Agreements for a Total Value of $10,700,000 for Supply and Delivery of Chemicals to Wastewater, Water and Recycled Water Facilities.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute the following Agreements for the supply and delivery of chemicals to Water, Wastewater, and Recycled Water Facilities through June 30, 2024 as follows:
1. Agreement A-8445 with HASA, Inc., in the amount not to exceed $1,000,000 for the supply and delivery of sodium hypochlorite to the Oxnard Wastewater Treatment Plant;
2. Agreement A-8446 with JCI Jones Chemicals, Inc., in the amount not to exceed $100,000 for the supply and delivery of sodium bisulfite to the Oxnard Wastewater Treatment Plant;
3. Agreement A-8447 with Pencco, Inc., the amount not to exceed $2,500,000 for the supply and delivery of ferric chloride to the Oxnard Wastewater Treatment Plant and Ferrous Chloride to Oxnard Lift Station 6;
4. Agreement A-8448 with Univar Solutions USA, Inc., in the amount not to exceed $150,000 for the supply and delivery of sodium hydroxide to the Oxnard Wastewater Treatment Plant Headworks Facility;
5. Agreement A-8449 with HASA, Inc., in the amount not to exceed $600,000 for the supply and delivery of sodium hypochlorite to the Oxnard Water Campus, Blending Station No. 3, and Advanced Water Purification Facility;
6. Agreement A-8450 with Hill Brothers Chemical Company in the amount not to exceed $300,000 for the supply and delivery of aqueous ammonia to the Oxnard Water Campus and Blending Station No. 3;
7. Agreement A-8451 with King Lee Chemical Company dba King Lee Technologies in the amount not to exceed $550,000 for the supply and delivery of Antiscalant Pretreat Plus 0100 24 MAY 3, 2022 OXNARD CITY COUNCIL PAGE 5
to the Oxnard Water Campus and Advanced Water Purification Facility;
8. Agreement A-8452 with Miles Chemical Company, Inc. in the amount not to exceed $1,250,000 for the supply and delivery of hydrogen peroxide and liquid lime to the Advanced Water Purification Facility;
9. Agreement A-8453 with Pacific Star Chemical dba Northstar Chemical in the amount not to exceed $1,500,000 for the supply and delivery of sodium hydroxide, and citric acid to the Oxnard Water Campus and Advanced Water Purification Facility;
10. Agreement A-8454 with Univar Solutions USA, Inc. in the amount not to exceed $2,750,000 for the supply and delivery of sodium bisulfate, and sulfuric acid to the Advanced Water Purification Facility.
(Public Works and Transportation Committee approvd 3-0)
6. City Attorney Department
SUBJECT: Adoption of a Just Cause Eviction And Tenant Protection Ordinance and a Rent Stabilization Ordinance.
RECOMMENDATION: That the City Council:
1. Adopt Ordinance No. 3012 adding Article I to Chapter 27 of the Oxnard City Code that is entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD ADDING ARTICLE I TO CHAPTER 27 OF THE OXNARD CITY CODE ESTABLISHING JUST CAUSE EVICTIONS AND OTHER TENANT PROTECTIONS”
2. Adopt Ordinance No. 3013 adding Article II to Chapter 27 of the Oxnard City Code that is entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD ADDING ARTICLE II TO CHAPTER 27 OF THE OXNARD CITY CODE ESTABLISHING RENT
STABILIZATION REGULATIONS INCLUDING PROHIBITING RESIDENTIAL REAL PROPERTY RENTAL RATE INCREASES THAT EXCEED FOUR PERCENT (4%) ANNUALLY”
Consent Item No. 3:
It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Teran, to approve the recommended action as presented. VOTE: Basua, Lopez, MacDonald, Madrigal, Teran, and Zaragoza voted in favor; Perello voted against; motion passed 6-1.
Consent Item No. 6:
1) It was moved by Councilmember Basua, seconded by Councilmember Teran, to approve the recommended action as presented. VOTE: Basua, Lopez, Madrigal, Perello, Teran, and Zaragoza voted in favor; MacDonald voted against; motion passed 6-1.
2) It was moved by Councilmember Lopez, seconded by Councilmember Basua, to approve the recommended action as pres ented. VOTE: Basua, Lopez, Madrigal, Teran, and Zaragoza voted in favor; MacDonald and Perello voted against; motion passed 5-2.
25 MAY 3, 2022 OXNARD CITY COUNCIL PAGE 6
Consent Items 1, 2,4, and 5:
It was moved by Councilmember Basua, seconded by Councilmember Lopez , to approve the recommended action as presented. VOTE: Basua, Lopez, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion passed 7-0.
K. PUBLIC HEARINGS
1. Public Works Department SUBJECT: Five Year Capital Improvement Program for Fiscal Years 2022-2027. (0/15/15)
RECOMMENDATION: That the City Council:
1. Hold a public hearing to receive public testimony regarding the proposed 2022-2027 City of Oxnard Five-Year Capital Improvement Program; 2. Approve and authorize the Fiscal Year 2022-23 & 2023-24 projects to be selected from the Proposed 2022-2027 City of Oxnard Five Year Capital Improvement Program; and
3. Adopt the 2022-2027 City of Oxnard Five Year Capital Improvement Program.
(As of the date of this City Council agenda being posted, there is not yet an outcome from the April 26, 2022 Public Works and Transportation Committee. Staff is available to answer any questions.)
The City Clerk announced the affidavit of publication and stated that no written communications were received.
Tatiana B. Arnaout, P.E., City Engineer, presented and answered questions.
Mayor Zaragoza opened the public testimony portion of the public hearing. Public comments were received from Lawrence Stein.
Without objection, the Council approved closing th e public testimony portion of the public hearing.
Discussion ensued among the Council and staff.
It was moved by Councilmember Lopez, seconded by Councilmember Teran, to approve the recommended action as presented. VOTE: Basua, Lopez, MacDonald, Madrig al, Perello, Teran, and Zaragoza voted in favor; motion passed 7-0.
L. REPORTS
1. City Treasurer SUBJECT: City Treasurer’s Monthly Investment Report for the Period Ending March 31, 2022.
RECOMMENDATION: That the City Council receive and file the report.
Philip Molina, City Treasurer, was available to answer questions. No public comments were received.
Discussion ensued among the Council and staff. Report was received and filed, no formal action was required.
2. Finance Department SUBJECT: Adopt a resolution approving Water Infrastructure Finance and Innovation Act 26 MAY 3, 2022 OXNARD CITY COUNCIL PAGE 7
(“WIFIA”) Loan from the U.S. Environmental Protection Agency (“EPA”). (10/5/5)
RECOMMENDATION: That the City Council adopt Resolution No. 15,566 approving an Installment Purchase Agreement, Indenture of Trust, a WIFIA Loan Agreement, and a WIFIA Loan Term Sheet with respect to the issuance by the City of Oxnard Financing Authority of bonds in an aggregate principal amount not to exceed $55,000,000 and other matters pertaining thereto.
That the Board of Directors of the City of Oxnard Financing Authority adopt Resolution No. 55
approving an Installment Purchase Agreement, Indenture of Trust, a WIFIA Loan Agreement, and a WIFIA Loan Term Sheet with respect to the issuance by the City of Oxnard Financing Authority of bonds in an aggregate principal amount not to exceed $55,000,000 and other matters pertaining thereto.
Betsy George, Chief Financial Officer introduced Christian Sprunger , Assistant V ice President at NHA Advisors, presented and answered questions. No p ublic 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: Basua, Lopez, MacD onald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion passed 7-0.
3. Public Works Department
SUBJECT: Fifth Amendment to Agreement A- 8094 with WKE, Inc. for Rice Avenue at Fifth Street/State Route 34 Grade Separation. (0/5/5)
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a Fifth Amendment with WKE, Inc. Agreement A-8094 in the amount of $495,559.48, for a new not to exceed contract value of $9,500,957.18 to complete the Plans, Specifications and Estimates for the Rice Avenue at Fifth Street/State Route 34 Grade Separation, Project 133101. (This item did not originate in Committee as this is a capital improvement project specifically listed in the Capital Improvement Program budget, which was previously approved by the City Council.)
Tatiana B. Arnaout, P.E., City Engineer , presented and answered questions. Public comments were received from Pat Brown and Lawrence Stein. Discussion ensued among the Council and staff.
It was moved by Councilmember Perello, seconded by Councilmember Teran, to approve the recommended action as presented. VOTE: Basua, Lopez, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor;
motion passed 7-0.
M. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 8:14 p.m.
ROSE CHAPARRO JOHN C. ZARAGOZA
City Clerk Mayor
27 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.2
DATE: June 21, 2022
TO: City Council
FROM: Alexander Hamilton, Fire Chief, (805) 385-7700, [email protected]
SUBJECT: Purchase Order with Motorola for $777,385.26 for 73 Radios.
RECOMMENDATION
That the City Council authorize the Mayor to sign a Purchase Order with Motorola Solutions in the amount of $777,385.26 for the purchase of thirty-three (33) APX 8500 all-band mobile radios and forty (40) APX 8000 all-band portable radios with spare batteries and remote speaker microphones. (Community Services, Public Safety, Housing & Development Committee approved 3-0 on May 24, 2022.)
BACKGROUND
The Oxnard Fire Department (OFD) dispatch services are provided by Ventura County Fire Protection District (VCFD) Fire Communications Center (FCC). FCC will be transitioning their communications from single band radios to all-band radios in the next two (2) to four (4) years. This will require OFD to replace all mobile and handheld portable radios in this timeframe in order to maintain our ability to be dispatched by FCC.
In anticipation of the radio conversion project, OFD submitted a successful grant application to the Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant (AFG) that will offset the cost of thirty-three (33) mobile radios. City Council approved the submission of this application on February 16, 2021, the award was announced on August 16, 2021. Mobile radios are mounted in emergency response apparatus and vehicles. The procurement of thirty- three (33) APX 8500 all-band radios, in the amount of $333,374.33, will allow for the replacement of mobile radios in frontline and reserve apparatus as well as command staff vehicles.
Additionally, on December 7, 2021, City Council approved $445,000 in American Rescue Plan Act (ARPA) funds to be designated to the radio replacement project. The funds will purchase forty (40) APX 8000 portable all-band radios.
Portable radios are issued to each first responder at OFD with additional radios assigned to each apparatus. The procurement of forty (40) radios will allow replacement of portable radios assigned to Command Staff, Fire Prevention Staff, Company Officer positions and one radio on each front-line and reserve apparatus. Forty (40) additional APX 8000 handheld radios will be required prior to the FCC transition to all-band dispatch.
DISCUSSION
The Motorola APX 8500 has been selected as the all-band mobile radio of choice for interoperability and standardization purposes. The APX 8500 are the same mobile radios used by VCFD, allowing FCC to provide assistance with troubleshooting, repairs and reprogramming if needed. The APX 8500 all-band mobile radio expands the OFD capacity to operate with neighboring police and fire agencies. They also provide long term durability, are easily operated with current OFD radio training, provide for simple transitions between the different radio bandwidths and widen the ability for OFD communications equipment to be serviced and maintained.
28 Currently, the OFD utilizes the Motorola APX 6000 single band portable radio. The Motorola APX 8000 all-band portable radios are identical to the APX 6000 radios already in use with the exception of the increased all-band capability.
Once FCC completes the transition to a new all-band dispatch system, all OFD radios will need all-band functionality to communicate with FCC.
The identical operation of the APX 6000 and APX 8000 will be critical while both radios overlap in service over the next few years. Additionally, the Ventura County Fire Department is also transitioning to the use of APX 8000 handheld radios and will be able to assist with troubleshooting, repairs and programming if needed.
Pursuant to City of Oxnard Ordinance Number 2943, adopted June 19, 2018, the use of a “cooperative agreement”, whereby multiple government agencies, cooperative entities, or jurisdictions enter into a contract to procure from each other or to collectively procure a vendor, contractor or consultant is permitted. Seventy-three (73) radios will be purchased from Motorola Solutions based on cooperative agreement pricing provided by Houston-Galveston Area Council (“H-GAC”) contract number RA05-21, valid August 1, 2021 through July 31, 2023. The agreement provides a 27% discount off list prices for participating agencies.
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
FEMA AFG FY20 (Grant No. 772296) will fund $6,000 per mobile radio plus tax and shipping for the amount of $205,227. A local match of $128,507.33 is required to procure thirty-three (33) APX 8500 mobile radios. Matching funds are available from the Fire Department general fund account 101-2201-802.87-33 Transfer to Grant Fund. The remaining forty (40) APX 8000 portable radios will be funded by ARPA Project 22AR61 Fire SCBA & Radios, an estimated total of $443,650.93.
COMMITTEE OUTCOME
The Community Services, Public Safety, Housing & Development Committee voted 3-0 on May 24, 2022 to approve the staff recommendation and to forward the item to Council for approval.
Prepared by: Amy Van Atta, Management Analyst II, Aaron Baker, Battalion Chief
ATTACHMENTS
1. PO 8678 Motorola Solutions, Inc.
29 VENDOR PHONE: (800)247-2346
VENDOR FAX: ( ) -
VENDOR #: 3363 P
VENDOR ADDRESS: MOTOROLA SOLUTIONS, INC. SHIP TO: FIRE DEPT 500 W. MONROE STREET 360 W. 2ND ST.
CHICAGO, IL 60661 OXNARD, CA 93030
Our P.O. # MUST Appear on ALL Invoices, Packages and Correspondence DELIVER BY REQUISITION # REQUISITION DATE CONFIRMED BY
05/10/2022 0000006072 05/10/2022
FOB ACCOUNT NUMBER AUTHORIZED BY
Multiple Accounts 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
PURCHASE ORDER
CITY OF OXNARD
300 WEST 3RD STREET
OXNARD, CA 93030
PURCHASE
ORDER NO.
008678
DATE: 5/25/2022
1 333,719.00
/ DL
33 APX 8500 RADIOS
1.0000 333,719.00
2 15.33 / DL
RADIO CONTINUATION OF COST TO GENERAL FUND
1.0000 15.33
3 443,650.93
/ DL
40 APX 8000 RADIOS
1.0000 443,650.93
Y
H-GAC AGMT RA05-21 EXPIRES 7/31/2023
PUBLIC SAFETY COMMITTEE 5/24/22
COUNCIL MEETING 6/21/22
COMMON CARRIER
30 VENDOR PHONE: (800)247-2346
VENDOR FAX: ( ) -
VENDOR #: 3363 P
VENDOR ADDRESS: MOTOROLA SOLUTIONS, INC. SHIP TO: FIRE DEPT 500 W. MONROE STREET 360 W. 2ND ST.
CHICAGO, IL 60661 OXNARD, CA 93030
O
ur P.O. # MUST Appear on ALL Invoices, Packages and Correspondence DELIVER BY REQUISITION # REQUISITION DATE CONFIRMED BY
05/10/2022 0000006072 05/10/2022
FOB ACCOUNT NUMBER AUTHORIZED BY
Multiple Accounts PATRICIA GARCIA
ITEM
#
QUANTITY/
UNIT
DESCRIPTION
ARTICLE OR SERVICE
UNIT
COST
EXTENDED
COST
B
y acceptance of this purchase order, you agree to the attached terms and conditions of the City of Oxnard
PURCHASE ORDER
CITY OF OXNARD
300 WEST 3RD STREET
OXNARD, CA 93030
PURCHASE
ORDER NO.
008678
DATE: 5/25/2022
QUOTES 1703941 AND 1689368
DELIVERY BY COMMON CARRIER, NO BTC RQRD *NS
NSS 22-02 TO BE APPROVED AFTER COUNCIL DATE OF
6/21/22.
In order to receive payment, email all invoices to:
[email protected]
In the subject line, reference the Purchase
Order number above.
TOTAL PURCHASE AMOUNT $777,385.26
AUTHORIZED SIGNATURE. _______________________
John C. Zaragoza, Mayor
31 VENDOR PHONE: (800)247-2346
VENDOR FAX: ( ) -
VENDOR #: 3363 P
VENDOR ADDRESS: MOTOROLA SOLUTIONS, INC. SHIP TO: FIRE DEPT 500 W. MONROE STREET 360 W. 2ND ST.
CHICAGO, IL 60661 OXNARD, CA 93030
Our P.O. # MUST Appear on ALL Invoices, Packages and Correspondence DELIVER BY REQUISITION # REQUISITION DATE CONFIRMED BY
05/10/2022 0000006072 05/10/2022
FOB ACCOUNT NUMBER AUTHORIZED BY
Multiple Accounts 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
PURCHASE ORDER
CITY OF OXNARD
300 WEST 3RD STREET
OXNARD, CA 93030
PURCHASE
ORDER NO.
008678
DATE: 5/25/2022
Account Project Amount
23822218028606 772295 333,719.00
10122018028304 15.33
27622708218606 22AR61 443,650.93
32
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.
33 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.3
DATE: June 21, 2022
TO: City Council
FROM: Ashley Golden, Assistant City Manager, (805) 385-7478, [email protected]
SUBJECT: Updates to Citizen Advisory Group (CAG) Bylaws and Efforts to Develop Effective and Efficient Processes for CAGs.
RECOMMENDATION
That the City Council adopt a resolution:
1. Establishing uniform CAG bylaws; and
2. Repealing previous CAG bylaws.
(The Finance and Governance Committee approved 2-0 on May 24, 2022)
BACKGROUND
Article II Division 2 of the Oxnard City Code pertains to citizen advisory groups ("CAG"). A CAG is a Board, Commission or Committee that advises the City Council on various important city matters, performs certain delegated functions, and to which the City Council appoints interested volunteers. City Code Section 2-30 through 2-41 regulates:
applications, meeting locations, notices/minutes, absences, removal of a member, coordination between the City Council and CAG, appointments, background checks, eligibility, rules of procedure, audio recordings, and designation of a secretary. On May 7, 2019, City Council approved an amendment to Article II Division 2 of the Oxnard City Code to update the resignation by absence section and established a district residency requirement for appointed Commissioners.
In 2019, the City Manager’s Office began meeting with the CAG Chairs from the Community Relations Commission, Cultural Arts Commission, Commission on Homelessness, Parks, Recreation and Community Commission, and Senior Services Commission. The Library Board has been inactive since February 2019 and therefore an appointed representative was not available to participate; however, the Library Board liaison, a staff member, was informed of the meeting outcomes. The purpose of these meetings was to:
1) Develop effective and efficient processes to make volunteer time valuable; and 2) Create uniform Bylaws, Agendas, and Reports to Council.
In 2019 three meetings were held between city staff and the CAG Chairs to advance these efforts (July 18 , September 25, and December 19). These meetings focused on creating uniform bylaws to ensure clear direction, fairness, and ease of learning if CAG members move between CAGs. Prior to this effort, each CAG had their own bylaws, and in some cases those bylaws may have conflicted with the City Code. The City Attorney's office drafted bylaws that were presented to the CAG Chairs, who then provided recommendations for changes. The bylaws include: membership, officers/duties, meetings, absences, coordination with the City Council, rules of order, and amendments. Topics that are covered by both the City Code and the bylaws (ie. coordination with the Council) are consistent. The bylaws have an annual review built in so that any concerns throughout the next year can be addressed. 34 After the Chairs were supportive of the draft bylaws, each CAG Chair was directed to take the revised bylaws back to their respective CAG for review and approval. The bylaws were presented to each Commission in 2020 for review and approval. Each Commission discussed and approved the bylaws as a whole on the dates below:
Parks, Recreation & Community Services Commission: January 22, 2020 Commission on Homelessness: February 3, 2020
Cultural Arts Commission: February 5, 2020
Senior Services Commission: November 10, 2020
Community Relations Commission: November 16, 2020
While the CAGs scheduled the bylaws before each Commission for their review and consideration, staff worked on a goal setting workshop and continued to work with the chairs on identifying accomplishments. On March 3, 2020, a goal- setting workshop was led by Senior Services Commission Chair, Alice Sweetland, and staff liaison, Renee Rakestraw.
During this workshop, CAG Chairs reviewed the goal setting process and came out of the meeting with a better understanding of what types of goals are achievable and should be set for their respective CAG. Due to COVID-19, all CAG activities were halted and City efforts turned to responding to the pandemic.
DISCUSSION
The bylaws revisions include the following:
1. Replacing the word "appoint" with elect for the selection of the Chairperson and Vice-Chairperson;
2. Expanding special meeting circumstances to include the need to vote on an urgency item and for the purpose of having an annual retreat;
3. Requiring that an annual meeting must occur in January, and defining the requirements for canceling a scheduled meeting;
4. Replacing the word “committee” with commission;
5. Adding additional criteria to dissolve an ad hoc committee after its purpose is complete;
6. Modifying the requirements for calling a special meeting;
7. Expanding the time for a commissioner to notify staff of their absence to 60 minutes prior to the meeting; and
8. Updating the quorum requirement language to be consistent with the Oxnard City Code.
Since the initial discussion and approval of Bylaws in 2020, some of the CAGs have elected new Chairs. On March 14, 2022, the City Manager’s Office met with the current Chair of each CAG to review the approved bylaws before they were presented to Council. With the concurrence of the current CAG chairs, the version of the bylaws presented for approval in Attachment 1 is different from those that were approved by the CAGs in 2020. The bylaws in Attachment 1 have amended Article V, Section C to be consistent with Oxnard City Code Section 2-39 and state that “a majority of the commission positions filled at the time of the meeting shall constitute a quorum for the transaction of business.” The version approved by the CAGs in 2020 stated that “four members of the Commission shall constitute a quorum for the transaction of business.” CAG Chairs remained supportive of the proposed bylaws.
If adopted, the resolution repeals the current CAG bylaws for the Community Relations Commission, the Cultural Arts Commission, the Commission on Homelessness, the Senior Services Commission, the Library Board, and the Parks, Recreation and Community Services Commission.
Next Steps:
The City Manager's office will resume meetings with the CAG Chairs to unify the Commission agendas and reports, and improve the processes and training to provide for the effectiveness of the CAGs.
Staff will also work with CAG Liaisons and Chairs to provide support and assistance to ensure the discussion items during the meetings are focused and supportive of their powers and duties, which are defined by the City Code. The Powers and Duties outline the function of each CAG and will help guide the Chair and Liaison as they focus on goal setting and discussion items moving forward.
35 Powers and Duties of the CAGs:
The Community Relations Commission analyzes, defines and investigates matters involving group prejudices, racial tension, intolerance or differences in treatment or favoritism of persons on a basis other than individual merit.
The Cultural Arts Commission advises on all matters related to cultural arts, including public art, in the City. The Commission on Homelessness advises regarding all matters pertaining to homelessness in the City. The Parks, Recreation and Community Services Commission is concerned with all matters pertaining to the parks, recreation and community services activities in the City. The Senior Services Commission analyzes, defines and investigates issues and the needs of senior citizens in the City.
STRATEGIC PRIORITIES
This agenda item supports the Organizational Effectiveness strategy. The purpose of the Organizational Effectiveness strategy is to reinforce, stabilize, improve, and strengthen the organizational foundation of the City in order to build a modern, high-functioning City government that effectively and efficiently supports the operating departments in providing high-quality services and programs for our residents and businesses.
FINANCIAL IMPACT
There is no financial impact.
COMMITTEE OUTCOME
The Finance and Governance Committee approved 2-0, with Councilwoman Basua absent, on May 24, 2022 to approve the staff recommendation and to forward the item for Council approval.
Prepared by: Samantha Shapiro, Project Manager
ATTACHMENTS
1. Draft Resolution with Uniform CAG Bylaws
2. May 24, 2022 Committee CAG Bylaws Presentation
36 CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD ESTABLISHINGUNIFORM BYLAWS FOR VARIOUS CITIZEN ADVISORY GROUPS AND REPEALINGEXISTING BYLAWS OF THOSE GROUPS WHEREAS, theCityCouncil hasestablishedCitizenAdvisoryGroups(“CAGs”)thatmakerecommendations to the City Council on matterswithinthesubject matter jurisdictionof thoseCAGs; and WHEREAS, each CAG has their own bylaws establishing powers and duties; and WHEREAS, in 2019, City staff began meeting with the CAGChairsfromtheCommunityRelations Commission, Cultural Arts Commission, Commission on Homelessness, Parks,Recreation and Community Commission, and Senior Services Commission to discussamendments to their various bylaws; and WHEREAS, threemeetingswereheldin2019onJuly18(official kickoffmeetingwiththeCAG Chairs), September 17 (internal meeting with CAGstaff liaisons), and December 19 todiscuss changes to the CAG bylaws; and WHEREAS, these meetings covered discussing uniform bylaws, Commission agendas,Commissiongoal setting, CommissionreportstoCouncil,theroleoftheCAGsandstaffliaison,and resources available to the CAGs; and WHEREAS, the goal of updatingthebylawswastoprovideuniformityacrossall CAGstoensureclear direction, fairness, easeof learningif CAGmembersmovebetweenCAGs,andtoaddressCAGofficersandtheirduties,secretaryandstaffliaisonduties,meetingsandquorums,and absences; and WHEREAS, the uniform bylaws were presented to the CAGs in 2020 for review andapproval, and the CAGs discussed and approved the bylaws as awholeonthedatesbelow:
● Community Relations Commission: November 16, 2020● Cultural Arts Commission: February 5, 2020● Commission on Homelessness: February 3, 2020● Parks, Recreation & Community Services Commission: January 22, 2020● Senior Services Commission: November 10, 2020; and WHEREAS, the City Council wishes to adopt uniformCAGbylaws, and repeal existingbylaws of those CAGs. 37 NOW, THEREFORE, the City Council of the City of Oxnard resolves as follows:
Section1. TheuniformCAGbylaws,attachedheretoasExhibit1andincorporatedhereinby reference, are adopted.
Section 2. Existing bylaws for the following CAGs are hereby repealed: CommunityRelations Commission, Cultural Arts Commission, Commission on Homelessness, LibraryBoard, Parks, Recreation & Community Services Commission, and the Senior ServicesCommission PASSED AND ADOPTED THIS ______ day of _________________, 2022, by thefollowing vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
John C. Zaragoza, Mayor
ATTEST:
Rose Chaparro, City Clerk
APPROVED AS TO FORM:
Stephen M. Fischer, City Attorney
38 EXHIBIT 1
[On the Page to Follow]
39 EXHIBIT 1
Citizen Advisory Groups (“CAG”) Bylaws
40 BYLAWS FOR CITIZEN ADVISORY GROUPS AS PROVIDED IN CHAPTER 2,
ARTICLE II OF THE OXNARD CITY CODE
Article I
Application
The following bylaws shall apply to the following City of Oxnard Citizen Advisory Groups (“CAGs”): Senior Services Commission, Community Relations Commission, Library Board, Parks and Recreation and Community Services Commission, Commission on Homelessness, and Cultural Arts Commission.
Throughout these bylaws, “Commission” refers to each individual CAG.
Article II
Powers and Duties
The powers and duties, eligibility and qualifications of each Commission shall be established in the Oxnard City Code.
Article III
Membership
A. Each Commission shall consist of seven members appointed by the Mayor, with the approval of the City Council.
B. Each Commissioner shall successfully undergo the City’s formal background check procedures prior to appointment to serve on a Commission.
C. The term of a member of a Commission shall be established in the Oxnard City Code.
D. In the event of a vacancy, the City Council shall appoint a replacement to complete the term of the member creating the vacancy.
41 Citizen Advisory Group Bylaws
Article IV
Officers
A. Each Commission shall elect a Chairperson and Vice-Chairperson (the “Officers”).
B. At an annual meeting, scheduled in January of each year, the Officers shall be elected by a majority of the Commission members present. The Officers shall serve a one-year term.
C. The duties of the Officers shall be as follows:
1. Chairperson – (a) To preside at all meetings of the Commission; (b) To call special meetings with concurrence from the Staff Liaison; (c) Sign approved meeting minutes; and (d) Prepare, submit, and present an annual report of activities of the Commission to the City Council. i. Special Meetings shall be limited to the following circumstances:
1. The regular meeting cannot be held that month because it lands on a holiday;
2. The time or location of the meeting is different from its regular meeting time/location;
3. The meeting must be rescheduled due to a lack of quorum;
4. The Commission must vote on an urgency item. An urgency item is one in which the Commission’s direction is vital to the City Council’s decision, and the Commission cannot consider the item at a regularly scheduled Commission meeting, before the City Council considers the item, without violating the City’s Sunshine Ordinance; or
5. For the purpose of having an annual retreat.
2. Vice-Chairperson – To perform the duties of the Chairperson in the event of his/her absence, resignation or inability to perform the duties of office.
D. Secretary and Staff Liaison.
1. Each Commission shall have a secretary and a staff liaison. The Secretary and Staff Liaison may be the same person.
2. The Secretary shall have the following duties at all Commission meetings: (a) Attend; (b) Keep minutes; (c) Assist the Chairperson and Staff Liaison in
42 Citizen Advisory Group Bylaws
preparing agendas; (d) Prepare and distribute agendas and agenda packets; (e) Ensure agendas are prepared and noticed in accordance with the City’s Sunshine Ordinance; (f) Ensure agendas are reviewed and approved by the City Attorney’s Office prior to posting; (g) Maintain attendance records; and (h) Provide the City Clerk an attendance list within 24 hours of a Commission meeting.
3. The Liaison shall have the following duties: (a) Attend; (b) Prepare agendas in collaboration with the Chairperson; (c) Coordinate presentations on behalf of the Commission; and (d) Communicate the Commission’s concerns to the City Manager or other staff when necessary.
Article V
Meetings/Quorum
A. The Commission shall conduct regular meetings once each month. The exact dates, time and location of the meetings shall be determined by a vote of the Commission at the annual meeting in January. The Staff Liaison may cancel a scheduled meeting, with concurrence from the Chairperson, if the Commission does not have any business to consider at that meeting.
B. Meetings shall be public and shall be conducted in a publicly owned building with adequate space for members of the public to attend the meetings.
C. A majority of the commission positions filled at the time of a meeting shall constitute a quorum for the transaction of business.
D. The Commission may establish Ad Hoc, but not Standing Committees. An Ad Hoc Committee is:
i. Comprised solely of members of the Commission; and ii. Consists of less than a quorum of the Commission ; and iii. Has a defined purpose and time frame to accomplish that purpose; iv. Is dissolved after the purpose is complete; and v. Is solely advisory.
E. A majority of the Commission or the Chairperson may call a Special Meeting with the concurrence of the Staff Liaison.
Article VI
Absences
43 Citizen Advisory Group Bylaws
A. If any member of the Commission has three or more consecutive unexcused absences, or is absent, excused or unexcused, for more than half of the meetings in a calendar year, the member shall be deemed to have resigned from the Commission.
B. If a commissioner is going be absent, the commissioner shall notify the Secretary no less than sixty minutes prior to the start time of a meeting. Failure to do so shall be deemed an unexcused absence.
C. An absence may be deemed excused for the following reasons: sickness/illness, an emergency beyond the commissioner’s control, observance of a religious holiday or a medical appointment that cannot be rescheduled.
D. The Secretary shall notify the City Clerk in writing of any such consecutive absences.
The member shall be deemed to have resigned from the Commission on the date that the City Clerk receives notice from the Secretary.
E. Should any member be absent without good cause for more than three consecutive meetings, the Secretary shall immediately inform the City Clerk of such fact. Effective on the date of receipt of such notice by the City Clerk, such member shall be deemed to have resigned from the Commission.
Article VII
Coordination with City Council
The Staff Liaison shall as soon as possible inform the City Council, through the City Manager, of recommendations made by the Commission. The Staff Liaison shall inform the Commission on the status of the recommendations as warranted.
Article VIII
Rules of Order
Rosenberg’s Rules of order shall constitute the parliamentary authority for the meetings.
Article IX
Amendments
44 Citizen Advisory Group Bylaws
A. Once per year, each Commission shall review these bylaws, and make recommendations to their respective Chairpersons.
B. The Chairpersons of each Commission shall convene once per year with the City Clerk, City Manager and City Attorney to review and approve, if desired, the recommended changes to these bylaws.
C. The City Council shall approve amendments to these bylaws.
Article X
Effective Date
These bylaws shall go into effect upon approval by City Council.
45 Updates to Citizen Advisory Group (CAG) Bylaws
and Efforts to Develop Effective and Efficient
Processes for CAGs
Finance and Governance Committee
May 24, 2022
Samantha Shapiro, Project Manager
46 That the Finance and Governance Committee:
1. Receive a report on proposed changes to the Citizen Advisory Group (CAG) Bylaws for the following CAGs: Community
Relations Commission, Cultural Arts Commission, Commission on Homelessness, Library Board, Parks, Recreation and
Community Services Commission, and the Senior Services
Commission; and
2. Recommend that the City Council adopt a resolution:
a. Establishing uniform CAG bylaws; and
b. Repealing previous CAG bylaws.
RECOMMENDATION 2
47 In 2019, the City Manager’s Office began meeting with the CAG chairs with a purpose to:
1) Develop effective and efficient processes to make volunteer time valuable; and
2) Create uniform Bylaws, Agendas, and Reports to Council.
BACKGROUND 3
Senior Services
Commissioners taking
their oath of office
48 Each Commission approved the bylaws as a whole on the dates below:
• Senior Services Commission: November 10, 2020
• Community Relations Commission: November 16, 2020
• Commission on Homelessness: February 3, 2020
• Cultural Arts Commission: February 5, 2020
• Parks, Recreation & Community Services Commission: January 22, 2020 BACKGROUND 4
Residents participating in
“Meet Up Clean Up”, a
program through Oxnard
Recreation/Community
Services
49 On March 3, 2020, Senior Services Commission Chair Alice Sweetland and Staff Liaison Renee Rakestraw led a goal-setting workshop. This provided CAG chairs with a better understanding of what types of goals are achievable and should be set for their respective CAG.
BACKGROUND 5
Community
Relations
Commission
(2018)
50 The Bylaws revisions include:
• Expanding special meeting circumstances and requirements for calling a special meeting
• Requiring an annual meeting be held in January each year • Dissolution of an ad hoc committee once its purpose is met • Expanding time for a commissioner to notify staff of their absence
• Updating the quorum requirement language to be consistent with Oxnard City Code
On March 14, 2022, the City Manager’s Office met with the current Chair of each CAG to review the proposed bylaws. The CAG Chairs remained supportive of the proposed bylaws.
BYLAWS REVISIONS 6
51 City Manager’s office will resume meetings with CAG Chairs to unify the Commission agendas and reports, and improve the processes and training to provide for the effectiveness of CAGs.
NEXT STEPS 7
“Growth” by Mauricio
Ramirez, located at 305 W.
Third Street as part of the
Downtown Mural Project
through the Cultural Arts
Division & Cultural Arts
Commission
52 THE END
8 53
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.4
DATE: June 21, 2022
TO: City Council
FROM: Jason Benites, Police Chief, (805) 385-7624, [email protected]
SUBJECT: Ventura County Animal Services Agreement.
RECOMMENDATION
That the the City Council approve a budget appropriation with a total cost projection in the amount of $2,156,159 and authorize the City Manager to sign a Service Level Request for FY 22-23 for the third year of a five-year agreement (A- 8151) with the County of Ventura to provide animal safety services. (The Community Services, Public Safety, and Economic Development Committee approved 3-0 on May 24, 2022)
BACKGROUND
The City entered into a five-year agreement with Ventura County Animal Services (VCAS) in FY 20-21. Under the terms of agreement, A-8151 (the "Agreement"), VCAS shall provide the following shelter services: impoundment, boarding, quarantine, veterinary services, euthanasia services, over-the-counter animal license sales, animal adoptions, and disposal of dead animals. Impounded animals will be vaccinated and provided necessary care, food, and shelter in accordance with the provisions of state law. The animal's picture will be posted on the VCAS website as soon as practicable to assist the City's residents in reclaiming a missing pet.
As part of the agreement, the costs are distributed amongst eight (8) Ventura County cities, including Oxnard and unincorporated areas of Ventura County. The costs are based on VCAS operating and administrative costs, licensing costs, and field staff services.
The base costs for VCAS have risen each year due to increases in personnel-related costs, medical supplies, and veterinary care. The FY 18-19 agreement of $1,948,039 was a 5% increase from FY 17-18. The FY 19-20 agreement of $2,113,884 is an 8.5% increase from FY 18-19. The FY 20-21 agreement of $2,324,778 was a 9.9% increase from FY 19-20. The FY 21-22 agreement of $2,479,135 is a 6.6% increase from FY 20-21. The proposed FY 22-23 agreement of $2,669,598.97 is a 7.7% increase from FY 21-22.
VCAS Base Cost % Difference
FY 17-18 $1,854,979 +9.8%
FY 18-19 $1,948,039 +5%
FY 19-20 $2,113,884 +8.5%
54 FY 20-21 $2,324,778 +9.9%
FY 21-22 $2,479,135 +6.6%
FY 22-23 $2,669,598 +7.7%
Per the five-year agreement, the animal intake costs are divided using a billing methodology that calculates the pro- rata costs to cities looking at historical calendar year animal intake figures using a 3-year weighted average. There is a built-in 5% annual budget increase to the Animal Care budget each year of the agreement. Each year of the agreement, the Police Department will complete an agreement for the cost of the upcoming fiscal year.
The VCAS budget is a consortium of costs shared by the eight (8) contract cities and the County. Cities and the County pay their pro-rata share based on the weighted average of animal intakes. There are no annual “true-up” costs, which means the City will not be billed more than the proposed Animal Care portion of expenses for FY 22-23.
The table below shows the costs for all cities and the unincorporated areas of the County for FY 21-22. This allocation of costs is based on the overall cost to run the shelter of $6,741,010.13 (year three of the contract) that is shared by the eight (8) participating cities and the County based on a 3-year weighted average of animal intakes to the shelter.
The column on the far right titled “FY 22-23 Animal Care Cost” is the City’s actual animal care cost for the upcoming fiscal year.
City 2019
Intake
2020
Intake
2021
Intake
3-Year Weighted
Average
FY 22-23 Animal
Care Cost
Camarillo 1,158 -
9.9%
536 - 9.9% 608-10.1% 9.98% $672,736.93
Fillmore 235 - 2.0% 106 - 2.0% 102 -1.7% 1.84% $123,710.53 Moorpark 364 - 3.1% 139 - 2.6% 119 - 2.0% 2.40% $162,013.14 Ojai 82 - 0.7% 33 - 0.6% 38 - 0.6% 0.64% $43,275.86
Oxnard 4,340 -
37.1%
2,055 -
37.8%
2,377 -
39.4%
38.43% $2,590,577.13
Port
Hueneme
413 - 3.5% 224 - 4.1% 267 - 4.4% 4.13% $278,151.29
Simi Valley 1,327 -
11.3%
522 - 9.6% 570 - 9.5% 9.96% $671,473.49
Ventura 1,355 -
11.6%
696 - 12.8% 716 - 11.9% 12.03% $811,089.12
55 County 2,438 -
20.8%
1,120 -
20.6%
1,234 -
20.5%
20.59% $1,387,982.64
Total
Intake
11,712 5,431 6,031 100% $6,741,010.13
Additional Costs
Additional costs are associated with on-call field services, emergency field services, and license processing; the highest being on-call field services, which varies depending on staffing within the Oxnard Animal Safety Unit. The City uses VCAS to provide on-call and emergency field services during periods when we do not have any Oxnard Animal Safety Officers available for 24-hour coverage seven days a week. Maintaining appropriate staffing levels within the Animal Safety Unit has been a challenge in FY 21-22 which caused a greater dependence on supplemental coverage from VCAS. The field service rate was $90 per hour (the VCAS hourly rate is the same for on-call standby and emergency response field services) in FY 21-22, and will increase to $100 per hour in FY 22-23.
Licensing fees are $6 per license processed, which will remain the same in FY 22-23. The table below shows an estimated cost of field services for FY 22-23.
FY 22-23 Agreement Estimates
3-YR Weighted Average of Animal Intakes 38.43%
Shelter Costs $2,590,577.13
On-Call and Emergency Field Services $10,000.00
License Processing $6/License $67,140.00
Chameleon Access/Server Costs $681.84
Total Net Cost Projection $2,668,398.97
The revenue from animal licensing is used to offset the amount paid to VCAS for services and is seen as a credit on quarterly invoices. The City also receives revenue credit from animals that are claimed by their owners and fees are recovered by VCAS. The revenue generated from animal redemption also offsets the amount paid to VCAS for services and is seen as a credit on quarterly statements.
STRATEGIC PRIORITIES
56 This agenda item supports the Quality of Life strategy. The purpose of the Quality of Life strategy is to restore and increase quality services and programs that enrich Oxnard's diverse community, promotes safe neighborhoods, encourages community engagement, and supports our residents in their efforts to improve their quality of life.
FINANCIAL IMPACT
The total amount of this agreement is $2,668,399. The projected revenue from animal licensing and animal redemption for FY 22-23 is $512,240. The net FY 22-23 General Fund Police Animal Safety Contracts & Services - Animal Shelter (Account No. 101-2106-802-8228) projected budgeted amount is $2,156,159.
COMMITTEE OUTCOME
The Community Services, Public Safety, and Economic Development Committee approved 3-0 on May 24, 2022 to approve the staff recommendation and to forward the item for Council approval.
Prepared by: Marc Amon, Police Department
ATTACHMENTS
1. FY 22-23 VCAS Agreement Presentation PP
2. NEW ANIMAL SERV AGREEMENT_Oxnard FY 22-23
3. NEW SERVICE LEVEL REQUEST_Oxnard FY22-23
57 FY 22-23 Animal S afety S ervices Agreement
Public Safety Committee
May 24, 2022
Oxnard City Council
J une 21, 2022
Marc Amon, Commander
58 1. That the Community Services, Public Safety, and Economic Development Committee recommend the City Council
approve a budget appropriation with a total cost projection in the amount of $2,156,159 and authorize the Mayor to sign a Service Level Request for FY 22-23 for the third year of a five-year agreement (A-8151) with the County of Ventura to provide animal safety services.
2. That the City Council approve a budget appropriation with a total cost projection in the amount of $2,156,159 and
authorize the Mayor to sign a Service Level Request for FY 22-23 for the third year of a five-year agreement (A-8151) with the County of Ventura to provide animal safety services.
REC O MMEN D A T I O N 2
59 • Five-year services agreement with the
County of Ventura was approved by City
Council on June 2, 2020.
• Per the agreement, each year the Police
Department is required to complete an
agreement for the cost of the upcoming
fiscal year.
BACKGROUND 3
60 S ervices provided by VCAS in
S ervice L evel Agreement:
• AnimalCare S ervices
• On-Call and E mergency
FieldS ervices
• AnimalLice n seProcessing
SERVIC ES PRO VID ED 4
61 VCAS Shelter Services:
• Confiscation
• Boarding
• Impoundment
• Quarantine
• Veterinary services
• Request for euthanasia
• Animal adoptions
• Disposal of dead animals
• Post missing/found animal on their website
• Owner surrender
• Assistance of Pet Retention Specialist
Impounded animals will be vaccinated, given necessary care, food, and shelter in accordance with state law.
A N I MA L C A RE SERVI C ES 5
62 • Will only respond when a City ASO is not available • Will be on-call when forecasted
• Will respond to emergency situations or “as needed”
when requested by police or fire personnel
• On-call standby and emergency response rate is
$100/hour
• Emergency response examples:
▪ Vicious animal at large threatening the public
▪ Stray animal bite with the animal at large or confined by a non-owner
▪ Injured animal
FIELD SERVIC ES 6
63 Animal License Processing:
• Process animal licenses for the City
• Send renewal notices to animal owners
• Animal owners will have access to renew
animal licenses online
• License fees (minus $6 license processing
fee) will be credited to the amount the City
owes each quarter
A N I M A L L I C EN SE PRO C ESSI N G 7
64 • Cost of the agreements reflect a percentage of the VCAS FY Budget
A GREEMEN T H I ST O RY 8
65 • Still a percentage of the VCAS FY Budget
• A consortium of costs shared by the eight (8)
contract cities and County
• Percentage is a 3-year weighted average of animal
intakes
• No annual “true-ups”
• 5% built-in increase each year of the agreement
• Revenue is still a credit against amount owed on
quarterly invoices
BILLING METHODOLOGY 9
66 FY 22-23 AG REEMEN T 10
2019 Intake 2020 Intake 2021 Intake 3-Year
Weighted
Average
FY 22-23 Animal
Care Cost
Camarillo 1,158 - 9.9% 536 - 9.9% 608-10.1% 9.98% $672,736.93 Fillmore 235 - 2.0% 106 - 2.0% 102 -1.7% 1.84% $123,710.53 Moorpark 364 - 3.1% 139 - 2.6% 119 - 2.0% 2.40% $162,013.14 Ojai 82 - 0.7% 33 - 0.6% 38 - 0.6% 0.64% $43,275.86
Oxnard 4,340 - 37.1% 2,055 - 37.8% 2,377 - 39.4% 38.43% $2,590,577.13 Port
Hueneme
413 - 3.5% 224 - 4.1% 267 - 4.4% 4.13% $278,151.29
Simi Valley 1,327 - 11.3% 522 - 9.6% 570 - 9.5% 9.96% $671,473.49 Ventura 1,355 - 11.6% 696 - 12.8% 716 - 11.9% 12.03% $811,089.12 County 2,438 - 20.8% 1,120 - 20.6% 1,234 - 20.5% 20.59% $1,387,982.64 Total Intake 11,712 5,431 6,031 100% $6,741,010.13
67 Shelter Services: $2,590,577.13
Additional Projected Costs: $77,821.84
- Emergency and On-Call Field Services, Animal License Processing Fees, Chameleon Access/Server Costs
Projected Cost of Agreement: $2,668,399
Projected Revenue: $512,240
Projected Net Cost of Agreement: $2,156,159
FY 22-23 AG REEMEN T 11
68 QUE S TIONS
12 69
ANIMAL SERVICES AGREEMENT
COUNTY OF VENTURA AND CITY OF OXNARD
PARAGRAPH TITLE PAGE
RECITALS …………………………………………………………. 2
1.0 AGREEMENT TO PROVIDE SERVICES UNDER
STATE AND LOCAL STATUTES………………….. 2
2.0 ADMINISTRATION OF PERSONNEL…………….. 2
3.0 AMENDMENT OF SERVICE LEVEL REQUEST
FORM………………………………………………… 3
4.0 PERFORMANCE OF AGREEMENT……………… 3
5.0 INDEMNIFICATION…………………………………. 4
6.0 TERM OF AGREEMENT…………………………… 4
7.0 RIGHT OF TERMINATION…………………………. 4
8.0 RATES FOR SERVICES AND CREDIT FOR
REVENUES …………………………………………. 5
9.0 ATTORNEY FEES AND COSTS …………………. 6
10.0 PAYMENT PROCEDURES………………………… 6
11.0 RECORD RETENTION…………………………….. 7
12.0 NOTICES…………………………………………….. 7
13.0 SEVERABILITY……………………………………… 8
14.0 WAIVER……………………………………………… 8
15.0 ENTIRE AGREEMENT……………………………… 8
SIGNATURES……………………………………….. 9
70
ANIMAL SERVICES AGREEMENT
COUNTY OF VENTURA AND CITY OF OXNARD
THIS AGREEMENT is made by and between the COUNTY OF VENTURA, hereinafter referred to as the County, and the CITY OF OXNARD, hereinafter referred to as the City.
RECITALS
a. The City is desirous of contracting with the County for the performance of animal services described herein by the County.
b. The County is agreeable to rendering such services on the terms and conditions set forth in this Agreement.
1.0 AGREEMENT TO PROVIDE SERVICES UNDER STATE AND LOCAL
STATUTES
1.1 The County agrees, through its Animal Services Division (“Animal Services”), to provide animal services to the City as set forth herein and in the attached Service Level Request (Attachment A), as it may be amended by the parties from time to time.
1.2 Such services shall comply with applicable County ordinance s, the municipal code of the City and the s tatutes of the State of California. The County will provide only those services set forth in the attached Service Level Request.
2.0 ADMINISTRATION OF PERSONNEL
2.1 All City employees who work in conjunction with Animal Services pursuant to this Agreement shall remain employees of the City and shall not have any claim or right to employment, civil service protection, salary, or benefits or claims of any kind from or against the County based on this Agreement.
The County shall not be called upon to assume any liability for the direct payment of any salaries, wages, or other compensation to any City personnel performing services hereunder. The County shall not be liable for compensation or indemnity to any City employee or agent of t he City for injury or sickness arising out of his or her employment.
71
2.2 All County employees who perform services for the City pursuant to this Agreement shall remain employees of the County and shall not have any claim or right to employment, civil service protection, salary, or benefits or claims of any kind from or against the City based on this Agreement. The City shall not be called upon to assume any liability for the direct payment of any salaries, wages, or other compensation to any County personnel performing services hereunder. The City shall not be liable for compensation or indemnity to any County employee or agent of the County for injury or sickness arising out of his or her employment.
3.0 AMENDMENT OF SERVICE LEVEL REQUEST FORM
3.1 The County agrees to provide to the City a proposed Service Level Request form to complete and submit annually to the County, by no later than March 1st, for the upcoming contract year commencing July 1st. By no later than April 15th, the parties shall agree to the terms of the Service Level Request for the upcoming contract year, unless an alternate date is mutually agreed upon by both parties in writing. The Service Level Request for the upcoming contract year shall be signed by both parties and attached to this Agreement as an amendment. If the parties fail to reach agreement on the terms of the Service Level Request by May 1st, this Agreement shall expire at the end of the then current contract year.
4.0 PERFORMANCE OF AGREEMENT
4.1 The County shall furnish and supply all labor, supervision, equipment, communication facilities, and supplies necessary to maintain the agreed level of service to be rendered hereunder.
4.2 Notwithstanding the foregoing, the City may provide additional resources for the County to utilize in performance of the services.
4.3 The County, in its sole and exclusive discretion, shall determine the specific days and specific hours that any County animal shelter shall be open to the public and the staffing of the County animal shelters; however, the County will open its animal shelters to the public on at least five calendar days per week. The County will notify the City regarding any changes in hours and days that its animal shelters are open to the public.
/ / /
72
5.0 INDEMNIFICATION
5.1 The County shall defend, indemnify and hold harmless City, its agents, officials, officers, representatives and employees from and against all claims, lawsuits, liabilities or damages arising from the sole and exclusive negligence of the County, its agents, employees, and subcontractors, and employees thereof in the performance or nonperformance of this Agreement.
5.2 The City shall defend, indemnify and hold harmless County, its agents, officials, officers, representatives and employees from and against all claims, lawsuits, liabilities or damages arising from the sole and exclusive negligence of the City, its agents, employees, and subcontractors, and employees thereof in the performance or nonperformance of this Agreement.
5.3 Each party agrees to provide the indemnifying party with written notification of any claim under paragraph 5 of this Agreement within thirty (30) calendar days of notice thereof and shall cooperate with the indemnifying party in the defense of the claim.
5.4 Each party’s right to, and responsibility for, indemnification shall survive the termination of this Agreement.
6.0 TERM OF AGREEMENT
6.1 Unless sooner terminated as provided for herein, this Agreement shall be effective July 1, 2022, and shall remain in effect until June 30, 2025.
6.2 Upon mutual agreement of the parties, this Agreement may be renewed for up to five (5) successive periods of one (1) year each.
7.0 RIGHT OF TERMINATION
7.1 This Agreement may be terminated at any time, with or without cause, by either party upon written notice given to the other party at least ninety (90) days before the date specified for such termination.
73
7.2 In the event of a termination, each party shall fully discharge all obligations owed to the other party accruing prior to the date of such termination (including, but not limited to, payment for services already rendered) , and each party shall be released from all obligations which would otherwise accrue subsequent to the date of termination.
8.0 RATES FOR SERVICES AND CREDIT FOR REVENUES
8.1 The City shall pay for the services provided under the then current Service Level Request (Attachment A) in accordance with the provisions thereof.
8.2 The rates and fees indicated in the Service Level Request shall be readjusted by the County annually effective the first day of July each year to reflect the reasonable average cost of such service in accordance with the policies and procedures for the determination of such rates and fees as adopted by the County Board of Supervisors and in compliance with Government Code section 54985.
8.3 The County shall credit the City with the following revenues paid by City residents toward the amounts owed by the City for services provided under the City’s Service Level Request in Attachment A: revenues received from City animal licenses (less applicable license processing fees) ; revenues from redemption fees (consisting of impound fees, board fees, quarantine fees, and microchipping fees) paid by the City’s residents if the animal is redeemed within the first three days of an animal stay each time an animal is admitted to a County shelter; revenues from barking dog citations paid by City residents; and revenues from administrative citations and civil penalties paid by City residents (less administrative processing costs).
8.4 The County shall retain any of the following fees paid by City residents without crediting such fees toward the amounts owed by the City for services provided under the City’s Service Level Request in Attachment A:
revenues from redemption fees (consisting of impound fees, board fees, quarantine fees, and microchipping fees) paid by City residents for any day after the first three days of an animal stay each time an animal is admitted to a County shelter and including, but not limited to, when fees are ordered be paid by the court or by an administrative hearing officer for dogs determined to be potentially dangerous or vicious ; a doption fees; spay/neuter fees ( and other vet erinary fees for services); copying fees; return check charges; euthanasia and disposal fees; pickup and disposal of dead animal fees ; cremation fees; owner relinquishment of animal fees; capture and transport fees; license fees for other than dog and cat licenses; 74
permit fees; inspection fees; and other fees paid by City residents and not required to be credited to the City under section 8.3.
8.5 In the event that a City dog owner establishes the dog owner’s financial inability to pay costs for an administrative review of a citation or an administrative hearing deposit, the County will invoice the City to pay the rates and fees approved by the Coun ty Board of Supervisors for such charges and the City agrees to pay such charges.
9.0 ATTORNEY FEES AND COSTS
9.1 In the event of any litigation (including, but not limited to, any petition filed by the County Animal Services Director to be heard by an administrative hearing officer or by the court regarding whether a dog is potentially dangerous or vicious for an animal residing within the jurisdictional limits of the City , or any appeal therefrom, when both County and City have agreed to the County Animal Services Director filing such petitions in the parties’ service level request, a petition for writ of mandate under Code of Civil Procedure section 1085 or 1094.5) arising in any way from this Agr eement (including, but not limited to, any Service Level Request), or the services provided under this Agreement (except for any litigation between the County and the City), the City shall pay or reimburse the County for all reasonable attorney fees and costs incurred by the County in connection with the litigation, including, but not limited to, attorney fees and costs incurred by the County on behalf of a hearing officer. In the event of any litigation between the City and the County, each party shall be ar its own attorney fees and costs. The City’s obligations under this paragraph shall survive the termination of this Agreement.
10.0 PAYMENT PROCEDURES
10.1 The County shall invoice the City during October for services performed during the period July 1 through September 30; during January for services performed during the period October 1 through December 31; during April for services performed during the period January 1 through March 31; and during July for services performed during the period April 1 through June 30; and the City shall pay the County all undisputed amounts within thirty (30) days after the date of said invoice.
10.2 If such payment is not delivered to the County office which is described on said invoice within sixty (60) days after the date of the invoice, the County is entitled to recover interest thereon. For all disputed amounts, the City 75
shall provide County with written notice of the dispute including the invoice date, amount, and reasons for dispute within thirty (30) days after receipt of the invoice. The parties shall memorialize the resolution of the dispute in writing. For any disputed amounts, interest shall accrue if payment is not received within sixty (60) days after the dispute resolution is memorialized.
10.3 Interest shall be calculated at the rate of two percent (2%) annually or any portion thereof, calculated from the last day of the month in which the services were performed, or in the case of disputed amounts, calculated from the date the resolution was memorialized.
11.0 RECORD RETENTION
10.1 The County shall maintain adequate financial records during the term of this Agreement to document its cost of providing services under this Agreement.
The County shall retain financial records for a period of seven (7) years after payment for services under this Agreement, and shall make such financial records available for inspection to the City, or the City’s designee, upon reasonable notice. The City shall ensure such records are han dled in a manner consistent with all applicable privacy laws and all laws related to public records.
12.0 NOTICES
12.1 All notices (excluding invoices) required by, or related to , this Agreement shall be in writing and sent by certified mail, return receipt requested, postage prepaid and addressed as listed below. Neither party to this Agreement shall refuse to accept such mail; the parties to this Agreement shall promptly inform the other party of any change of address. All notices required by this A greement are effective on the date of receipt, unle ss otherwise indicated herein. The mailing address of each party to the Agreement is as follows:
CITY: City Manager
(attn: Alex Nguyen)
City of Oxnard
300 W. Third St.
Oxnard, California 93030
76
COUNTY Director, Animal Services
(attn: Jackie Rose)
600 Aviation Drive
Camarillo, California 93010
13.0 SEVERABILITY
13.1 If a court of competent jurisdiction declares any provision of this Agreement, or application thereof to any person or circumstances, to be unenforceable or in violation of law, the remaining provisions of this Agreement shall remain in full force and effect, and to that extent the provisions of this Agreement are severable.
14.0 WAIVER
14.1 Waiver of any default or breach of this Agreement shall not be considered a waiver of any subsequent default or breach, nor shall it be considered a modification of the terms of this Agreement.
15.0 ENTIRE AGREEMENT
15.1 This Agreement , including Attachment A hereto and any amendment thereof, constitute s the complete and exclusive statement of the parties which supersedes all previous agreements, written or oral, and all communications between the parties relating to the subject matter hereof.
All changes or amendments to this Agreement must be in writing and mutually executed by authorized personnel on behalf of the City and the County.
/ / /
/ / /
/ / /
77
IN WITNESS WHEREOF, the County and the City enter into this Agreement as of the last date set forth below.
COUNTY OF VENTURA
Dated:_________________ By______________________
Jackie Rose, Director,
Animal Services
CITY OF OXNARD
Dated:_________________ By________________________ Alex Nguyen, City Manager
ATTEST:
By________________________ _________
City Clerk Date
APPROVED AS TO FORM:
By________________________ _________
City Attorney Date
78 City of Oxnard
ATTACHMENT A TO COUNTY-CITY ANIMAL SERVICES AGREEMENT
COUNTY OF VENTURA
AND
CITY OF
OXNARD
FY 2022-2023 SERVICE LEVEL REQUEST
PART ONE: AVAILABLE SERVICES AND APPLICABLE BILLING
RATES AND CREDITS
A. Animal Care Services
At the election of the City, the County shall provide the following services:
1. Shelter Services
As may be required, the County shall provide animal care services to the City for all animals originating within the boundaries of the City (whether picked up in the City or dropped off at the County’s animal shelter) when there is a stray/abandoned animal , adoption return, confiscation, cruelty abuse or neglect investigation, or injured wildlife.
The County will accept animals surrendered by their owner s dependent upon shelter capacity. For animals originating in the City and impounded, the County shall provide the following animal care services: sheltering, boarding, animal adoptions, foster care coordination, veterinary care and treatment, bite quarantine, euthanasia services, and disposal of de ceased animals. Impounded animals will be vaccinated and p rovided necessary care, food and shelter in accordance with the provisions of state law. The animal’s picture will be posted on the Ventura County Animal Services Division’s (“Animal Services”) website as soon as practicable to assist the City’s residents in reclaiming a missing pet. The County will also provide, based upon availability of funding and resources, owner requested euthanasia, TNR (Trap, Neuter, Return) surgeries for community cats, and Pet Retention programming. These services will not result in the animal being impounded to the shelter. The County, in its sole and exclusive discretion, shall determine the public and non-public hours of operation and the staffing of the County animal shelters.
79 City of Oxnard
The owner or person entitled to the custody of any animal originating with in the boundaries of the City and impounded at a County animal shelter can redeem such animal by paying applicable fees according to the rates and fees approved by the County Board of Supervisors accruing up to the time of such redemption.
The City shall be charged for its proportion of the total County animal care service costs incurred during the fiscal year identified above as set forth below. The County shall bill the City on a quarterly basis for animal care services based on a weighted three (3) calendar year average of the City’s pro rata animal intake percentage, as follows:
The three (3) year weighted average will be calculated so that fifty percent (50%) of the rate is based on the City’s previous calendar year pro rata animal intake percentage relative to the usage by other cities and unincorporated areas of Ventura County, twenty-five percent (25%) of the rate is based on the City’s pro rata animal intake percentage from two (2) years prior and twenty-five percent (25%) of the rate is based on the City’s pro rata animal intake percentage from three (3) years prior, illustrated as follows:
Example:
Hypothetical animal care budget: $6,027,354
Camarillo: (10.4% * .50) + (9.9% * .25) + (10.4% * .25) = 10.3% Future year cost = 10.3% of $6,027,354 = $620,817
Payments of $155,204 made quarterly which will be reduced by any licensing revenue
2018 INTAKE 2017 INTAKE 2016 INTAKE FUTURE YEAR WEIGHTED AVG Camarillo 1174 10.4% 1223 9.9% 1109 10.4% 10.3%
Fillmore 198 1.7% 320 2.6% 192 1.8% 2.0%
Moorpark 283 2.5% 245 2.0% 321 3.0% 2.5%
Ojai 44 0.4% 109 0.9% 50 0.5% 0.5%
Oxnard 4112 36.3% 4196 34.1% 3947 37.2% 36.0%
Port Hueneme 409 3.6% 432 3.5% 470 4.4% 3.8%
Simi Valley 1360 12.0% 1363 11.1% 1306 12.3% 11.8%
Ventura 1249 11.0% 1555 12.6% 1253 11.8% 11.6%
County 2494 22.0% 2864 23.3% 1971 18.5% 21.5%
Total Intake 11323 100.0% 12307 100.0% 10619 100.0% 100.0% 80 City of Oxnard
The animal care budget will be allocated among the participating cities and the County based on the weighted three (3) calendar year animal intake percentage formula described above. The County’s animal care budget shall follow the following three (3) year fixed-rate schedule:
$6,741,010.13 for fiscal year 2022-2023 (contract year 1) $7,078,060.63 for fiscal year 2023-2024 (contract year 2) $7,431,963.67 for fiscal year 2024-2025 (contract year 3)
In addition to the animal care formula charged to the participating cities, in the event of any animal intake at a County animal shelter originating from the City due to any law enforcement request, pending court case (including, but not limited to, a criminal case, a petition for writ of mandate under Code of Civil Procedure section 1085 or 1094.5, and a petition for hearing regarding whether a dog is potentially dangerous or vicious under Food and Agriculture Code section 31621, or related provisions of City Ordinance), or a court stay, which results in a County shelter stay of more than fifteen (15) days, the County shall also charge the City for animal care services according to the rates and fees approved by the County Board of Supervisors for each day that each such animal receives animal care services, and any fees have not been paid by the dog owner within 30 days of the County’s invoice for services being mailed to the dog owner.
2. Petitions for Hearing to Determine Dogs to be Potentially Dangerous or Vicious
For any dog impounded to the shelter, the Animal Services Director may bring petitions for hearing to determine dogs residing within the jurisdictional limits of the City to be potentially dangerous or vicious under state law and/or City Ordinance Code. In connection with such petitions, the City shall pay the County according to the rates and fees approved by the County Board of Supervisors for County employee time expended (and including but not limited to, the attendance at hearing of County employees; legal services performed by the Office of County Counsel; and any services provid ed by an administrative hearing officer ). If the County retains the services of an administrative hearing officer who is not a County employee, the City agrees to reimburse the County at the administrative hearing officer’s customary hourly rate. If the d og owner appeals any determination that a dog is potentially dangerous or vicious, the City shall pay the County according to the rates and fees approved by the County Board of Supervisors for the attendance at the appeal hearing of County employees and th e legal services performed by the Office of County Counsel in connection with such an appeal.
81 City of Oxnard
3. Rabies Suppression Record Management
The County shall provide the City with rabies control activity reporting as required by State Law.
B. Field Services
At the election of the City, the County shall provide the City with the following field services consistent with County Ordinance and State Law.
For City Ordinance Code provisions that are consistent with County Ordinance Code and State law, animal control officers may issue citations (administrative or notice to appear) for violations observed by animal control officers while in the field (and inc luding, but not limited to, citations issued for: failure to license, barking dog nuisance, failure to vaccinate, violation of leash laws, violation of mandatory spay /neuter, violation of animal nuisance orders, and breeding of animals without required permits) . The City will be solely responsible for collection of the citation amounts and processing of any administrative appeals from these citations issued by animal control officers in the field. The County will not be responsible for collectio ns or processing administrative appeals from citations issued in the field and/or citations in which the animal owner is provided notice to appear in court.
The County will provide, consistent with County Ordinance and State Law, response and investigation of reported animal bite and intimate contact cases to establish that there is compliance with state-mandated quarantine procedures. This includes a follow -up visit to verify the health of the animal after quarantine. Shelter quarantine will be at the discretion of the County.
The County shall charge the City according to the rates and fees approved by the County Board of Supervisors for County employee time expended in providing field services. The City shall identify a budgeted amount for field services per fiscal year , as well as the average budgeted level of hours of service that the City authorizes the County to provide per week. The County shall notify the City in writing on a quarterly basis regarding actual hours expended for field services to the City, to enable the City to make the determination of whether the City wishes to authorize in writing a higher budgeted annual amount for field servi ces that are not state -mandated. The County will provide the City state - mandated field services, and the City agrees to pay the County’s costs for all state- mandated field services, whether or not the City’s budgeted amount or hours for field services have been exceeded. The County shall be under no obligation to provide the City with any non-state-mandated field services in excess of the City’s budgeted cost and hours, in the absence of prior written City authorization to do so.
The County will issue barking dog citations to owners of d ogs residing within the jurisdictional limits of the City upon the required showing being made under City 82 City of Oxnard
ordinance regarding the existence of a barking nuisance. The County shall charge the City according to the rates and fees approved by the County Boar d of Supervisors for County employee time expended in reviewing and responding to complaints regarding barking dog nuisances in the jurisdictional limits of the City, regardless of whether a barking nuisance citation is ultimately issued. Once a citation is issued, the dog owner will be responsible for paying the County’s standard fee for any administrative review of a citation, as well as paying any required hearing deposit to request an administrative hearing to contest the citation, unless the dog owner establishes to the County the dog owner’s financial inability to pay, in which case, the City shall reimburse the County according to the rates and fees approved by the County Board of Supervisors for County employees providing services based on the time expended per hearing; and if the County retains the services of an administrative hearing officer who is not a County employee, the City agrees to reimburse the County for hearing officer services rendered at the administrative hearing officer’s customary hourly rate.
In the event the City declines to have the County perform field services and transports an animal the shelter for care, the City shall be responsible for:
(i) Scanning animals for an existing microchip and making all efforts to reunite a lost animal with its owner based on any microchip information prior to transporting that animal to a County shelter;
(ii) Making all efforts to use information available from a ny animal’s personal ID tag or a pet license to reunite a lost animal with its owner prior to transporting that animal to a County shelter;
(iii) Vaccinating an animal with current standard vaccinations provided by Animal Services after an animal has been transported to a County shelter ; and
(iv) Taking a digital photograph of an animal and loading the digital photograph and other pertinent animal information onto Animal Services’ computer information system for tracking animals subject to impoundment after an animal has been transported to a County shelter.
C. Administrative Services
1. Animal License Processing per License
At the election of the City, the County and/or the County’s vendor shall provide the City with animal license processing services at the annual fiscal year cost of six dollars ($6.00) per applicable cat or dog license for each animal within the boundaries of the City. The County and/or the County’s vendor shall mail license renewal notices to the animal owner of record; and when the renewal and payment are received, the County will process licenses. If the County and/or the County’s vendor provides online web-licensing, it shall provide such web -licensing at no 83 City of Oxnard
additional cost to the City. Licenses will be required before the County will release an animal to a resident of the City. The City animal license fees that the County and/or the County’s vendor collects (less the amount of the County’s license processing fee of six dollars ($6.00)) will be credited to the City quarterly in arrears against the amount that the City owes the County under the parties’ animal services agreement.
2. Automated Administrative Citation Processing
At the election of the City, and consistent with City Ordinance Code provisions, the County and/or the County’s vendor shall provide the City with an automated citation service for citations related to licensing, vaccination, (and , if applicable, mandatory spay/neuter) issued to animal owners within the boundaries of the City.
If the County reaches a determinatio n, in its sole and exclusive discretion , that it no longer desires to provide an automated citation service to the City (either directly by the County or through the County’s vendor) , the County shall provide the City wi th sixty (60) days’ prior written notice before ceasing to provide such services.
The County and/or the County’s vendor will provide the following automated citation processing service to the City contingent upon the City’s reimbursement of actual County costs incurred, and including, but not limited to:
a. actual costs charged to the County by the County’s General Services Agency for mailing and processing of citations and the cost of one (1) hour per month for the services of a Field Services Manager /Citations Clerk):
generate auto citations in Chameleon software; send files to the General Services Agency for processing; receive and review auto citation files from the General Services Agency to ensure accuracy; send reviewed and completed files to the General Services Agency for processing and mailing to animal own ers; receive and store finalized PDF file from the Genera l Services Agency; generate email notification to the City’s staff with PDF files for further collection and appeals; receive, through a Supervising Animal Control Officer , communication from City st aff regarding citizen appeals when necessary; and receive updates from the City regarding customer data to be updated, with the County updating data in Chameleon software; or
b. actual costs charged to the County by the County’s vendor for mailing and processing of citations and issuing any required licenses; generating email notifications to the City’s staff with PDF files for further collections and appeals; receiving communication from City staff regarding citizen appeals when necessary; and receiving updates from the City reg arding customer data to be updated.
84 City of Oxnard
To the extent that such services are not provided by the County and/or the County’s vendor, the County will not be responsible for collections or processing administrative appeals from automated citations. The City will be solely responsible for collections and for processing any administrative appeals once automated citations are issued to animal owners.
3. Animal Services Data Management Software Read-Only Access Rights
At the election of the City, the City may have read -only access to VCAS’ Chameleon Software system, therefore allowing the City to have rea l-time information regarding cases related to their jurisdiction.
PART TWO: SPECIFIC SERVICE REQUESTS AND APPROVALS
The County will provide the City with the services authorized below:
Animal Care Services:
X The City authorizes the County to provide animal care services for animal s originating within the boundaries of the City during fiscal year 2022-2023 according to the terms and conditions set forth in Part One of this Agreement. The budgeted cost of animal care services for the City will be $2,669,598.97 for fiscal year 2022- 2023. In addition to the budgeted amount, as more fully set forth in Part One above, the City will also pay the County , according to rates and fees approved by the County Board of Supervisors for: (1) animal care services associated with County shelter stay s of more than fifteen (15) days; (2) for County employee time expended in connection with petitions brought by the Director of Animal Services to determine whether dogs residing in the jurisdictional limits of the City are potentially dangerous or vicious, an d (3) for County employee time expended in connection with any appeals from such determinations . In addition, if an administrative hearing officer is not a County employee, the City agrees to reimburse the County’s costs for administrative hearing officer time at the administrative hearing officer’s customary hourly rate. Consistent with Section 8.3 of the parties’ Animal Services Agreement, the County shall credit the City with revenues paid by City residents toward amounts owed by the City for services provided.
85 City of Oxnard
Field Services:
□ The City authorizes the County to provide budgeted field services during fiscal year 2022-2023 of _____________; with field services budgeted at ________ hours per week, to be provided by the County to the City, according to the terms and conditions set forth in Part One. If it appears that the City may exceed its budgeted cost and hours for field services: (i) the County will continue to provide additional state-mandated services to the City, and the City agrees to pay for those additional state-mandated services according to the rates and fees approved by the County Board of Supervisors, and (ii) the County will only provide further field services that are not state-mandated to the City upon receipt of City written approval for such services, and the City agrees to pay for all such services authorized in writing by City personnel. The City hereby agrees to the County’s enforcement of the C ity’s municipal code provisions in providing field services.
X The City authorizes the County to provide field services only for emergency calls (requests for an animal services officer by law enfo rcement or fire personnel, aggressive animal at large threatening the public, wild animal at large in City area, livestock at large and in sight, stray animal bite with the animal at large or confined by a non-owner) at a not to exceed amount of 1000 hours for the fiscal year. This level of service is intended to provide emergency response on an as-needed basis from the County on behalf of a City that employs its own field services when requested by the City and the County is able to respond. The City hereby agrees to the County’s enforcement of the City’s municipal code provisions in providing field services.
□The City declines to have the County provide field services. Administrative Services:
Animal License Processing:
X The City authorizes the County and/or the County’s vendor to provide animal license processing services for the City during fiscal year 2022-2023 according to the terms and conditions set forth in Part One.
X The City has adopted the license fees set forth in Animal Services’ approved schedule of rates and fees.
□ The City has adopted the following license fees that differ from the license fees set forth in the Ventura County Animal Services approved schedule of rates and fees:
86 City of Oxnard
Specify:
Current City license fees were adopted by the City on ______________, 20_____.
□ The City declines to have the County provide animal license processing.
Automated Citation Service:
X The City authorizes the County and/or the County’s vendor to provide automated citation processing services for the City during fiscal year 2022-2023 according to the terms and conditions set forth in Part One.
□ The City declines to have the County and/or the County’s vendor provide automated citation processing services.
Animal Services Data Management Software (Chameleon) Read-Only Access Rights:
X The City requests read rights for Chameleon software and agrees to the actual County Information Technology Services Department VPN costs.
□ The City declines to have the County provide Chameleon read rights.
CITY OF OXNARD COUNTY OF VENTURA
Signature:____________________ Signature:____________________ John C. Zaragoza, Mayor, City of Oxnard Jackie Rose, Director of Animal Services
Date:________________________ Date:________________________
87 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.5
DATE: June 21, 2022
TO: City Council
FROM: Jason Benites, Police Chief, (805) 385-7624, [email protected]
SUBJECT: CHP Cannabis Grant.
RECOMMENDATION
That the City Council adopt a resolution authorizing:
1. The City Manager to apply for $394,147.00 in grant funds from the California Highway Patrol (CHP) to be used for the FY 22-23 CHP Cannabis Grant.
2. The City Manager or designee to execute grant agreements and appropriate funds upon confirmation of the grant award.
3. The Chief Financial Officer or designee to submit financial reports and grant claims and approve budget appropriations for the use of CHP Cannabis grant funds.
4. The Chief of Police or designee to submit all program-related progress or status reports. (This item did not originate in Committee.)
BACKGROUND
The California Highway Patrol (CHP) offers grant funding to allied law enforcement agencies for the education, prevention, and enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis. The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, improve effectiveness through training and development of new strategies. The Police Department is applying for the CHP Cannabis Grant in the amount of $394,147.00.
The Police Department is committed to reducing the total number of traffic collisions through education, enforcement, and engineering improvements and is dedicated to creating safer roadways for our community.
The Police Department has an added objective of reducing the number of persons injured or killed as a result of impaired driving. The CHP Cannabis Grant funds will be used for impaired driver training for our officers, which includes SFST training, ARIDE training, DRE training, and recertification, and provide training for deputy district attorneys prosecuting DUI or DUI-D cases.
The three-day Standardized Field Sobriety Testing (SFST) training is given to newly hired police officers. SFST training provides the officer with the knowledge to detect impaired drivers and conduct DUI investigations.
Officers learn how to recognize and document the alcohol or drug impairment of a driver to develop a strong prosecutable case.
88 Advanced Roadside Impaired Driving Enforcement (ARIDE) is a 16-hour course and provides additional training for officers on detecting impairment caused by more than just alcohol. Officers who do not receive advanced ARIDE training are often unable to detect drug impairment; therefore, the impaired driver is released. ARIDE training will allow officers to become much more familiar with drug impairment indicators.
Officers who attend Drug Recognition Expert (DRE) training will learn advanced methods to detect and identify persons impaired by alcohol or drugs. DRE officers are trained to conduct a systematic and standardized 12- step evaluation consisting of physical, mental, and medical components. DRE officers also testify as subject matter experts in DUI/DUI-D court trials. To attend the DRE course, officers must successfully complete the SFST course and the ARIDE course. To be DRE certified, the officer must complete a rigorous and highly demanding 72-hour three-phase training course and a 32-hour field certification course. DRE-certified officers are required to attend an 8-hour recertification course every two years.
The Police Department seeks to accomplish the following goals and objectives by securing this grant funding:
Increase the number of SFST, ARIDE and DRE trained officers. Increase DUI and DUI-D arrests and convictions.
Reduce the number of persons injured or killed in collisions that involve DUI or DUI-D drivers.
The funds from this grant will provide the opportunity for additional officers to be trained in DUI enforcement, create safer roads for our community, and reduce the number of persons injured or killed due to impaired drivers.
CHP Cannabis Grant funding would also be utilized to purchase an Impaired Driving Unit truck and self- contained trailer. The DUI trailer would allow officers to conduct DUI investigations in a controlled and safe environment. The trailer would allow officers to conduct a full 12-step DRE evaluation specifically with an area designed for darkroom pupil examinations. The Impaired Driving Unit truck and trailer would also serve as a mobile DRE field certification site for our department and be available for any agency in our regional area. The benefit of a DUI truck and trailer is that it would provide a controlled environment for the safe evaluation of impaired drivers, which would aid in developing strong prosecutable investigations. In addition, a fully self- contained DUI truck and trailer would increase the efficiency of processing DUI arrests to allow for additional proactive impaired driving enforcement.
STRATEGIC PRIORITIES
This agenda item supports the Quality of Life strategy. The purpose of the Quality of Life strategy is to restore and increase quality services and programs that enrich Oxnard's diverse community, promotes safe neighborhoods, encourages community engagement, and supports our residents in their efforts to improve their quality of life.
FINANCIAL IMPACT
The CHP Cannabis Grant does not require ongoing or one-time matching contributions. Upon execution of the grant award, the grant will be recognized and appropriated accordingly.
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Marc Amon, Police Department
89 ATTACHMENTS
1. CHP Cannabis Grant Presentation FY 22-23
2. CHP Cannabis Grant Resolution FY 22-23.docx
90 CHP CANNABIS GRANT
FY 22 -23
Oxnard City Council
June 21, 2022
Marc Amon, Commander
91 That City Council:
• Approve the application for grant funds from the California Highway Patrol (CHP) through a resolution.
RECOMMENDATION 2
92 CHP Cannabis Grant
• Grant funding is offered through the CHP for the education, prevention and enforcement of laws related to driving under the influence of alcohol and other drugs, including
cannabis.
• This year a truck and enclosed trailer have been added to the grant request. The trailer will provide a controlled environment for in-field drug recognition expert (DRE)
testing of suspected impaired drivers.
• Grant request amount: $394,147.00
CHP CANNABIS GRANT 3
93 The grant funds will be used for impaired driver training:
• Standardized Field Sobriety Training (SFST)
• Advanced Roadside Impaired Driving Enforcement
(ARIDE)
• Drug Recognition Expert (DRE)
CHP CANNABIS GRANT 4
94 Standardized Field Sobriety Testing (SFST)
• 3-day course.
• Newly hired police officers.
• Foundational course for impaired driver training.
• Designed to increase the officer’s ability to detect
impairment in drivers.
CHP CANNABIS GRANT 5
95 Advanced Roadside Impaired Driver Enforcement (ARIDE) • 16-hour course.
• Provides the officer with general knowledge related to drug impairment.
• Officers will become more familiar with drug impairment indicators.
CHP CANNABIS GRANT 6
96 Drug Recognition Expert (DRE)
• Prerequisites are SFST and ARIDE.
• 72-hour three-phase training course.
• 32-hour field certification course.
• The most in-depth and advanced impaired driver training course.
• Testify as a subject matter expert in impaired driving court trials.
• 8-hour recertification course every 2-years.
CHP CANNABIS GRANT 7
97 Goals:
• Increase the number of SFST, ARIDE and DRE trained
officers.
• Increase DUI and DUI-D arrests and convictions.
• Reduce the number of persons injured or killed in collisions that involve DUI or DUI-D drivers.
Objectives:
• Host two (2) SFST courses to a minimum of 10 officers • Host one (1) ARIDE course to a minimum of five (5) officers • Host one (1) DRE course to a minimum of two (2) officers • Host two (2) DRE recertification courses to a minimum of eight (8) officers
CHP CANNABIS GRANT 8
98 PROPOSED BUDGET SUMMARY 9
99 QUESTIONS
10 100
CITY COUNCIL OF THE CITY OF OXNARDRESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARDAPPROVING SUBMITTAL OF GRANT APPLICATION FOR THECHP CANNABIS GRANTWHEREAS,CityCouncilResolutionNo.________setsouttheproceduresbywhichCitystaff maysubmitgrantapplications,followingapprovalbyresolutionoftheCityCouncil;and WHEREAS,the PoliceDepartmenthas requestedthatCityCouncilapprovethesubmissionofanapplicationtotheCaliforniaHighwayPatrolfor$394,147.00ingrantfunds,tobe usedforimpaireddrivertraining(SFST, ARIDEandDRE)andto purchasea truckandself-contained trailer to conduct Drug Recognition Expert evaluations on impaired drivers.NOW, THEREFORE,theCityCounciloftheCityofOxnardresolvestoapprovethesubmittalof a grantapplicationbytheCityManagerforgrantfundsto beusedto provideimpaireddrivertrainingforOxnardpoliceofficersandresolvestorecognizegrantrevenueintheamountof$394,147.00fromtheCaliforniaHighwayPatrol.TheCityCouncilfurtherresolvesthattheCityManageror designeeis authorizedto executegrantagreements;theFinanceDirectoror designeeis authorizedto submitfinancialreportsandgrantclaimsandapprovespecialbudgetappropriationsfortheuseofgrantfunds;andtheChiefofPoliceordesigneeisauthorized to submit non-financial reports.PASSED AND ADOPTED THIS _____ day of __________, 2022 by the following vote:AYES:NOES:ABSENT:
John Zaragoza, MayorATTEST:
Rose Chaparro, City Clerk
APPROVED AS TO FORM:
Stephen M. Fischer, City Attorney
101
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.6
DATE: June 21, 2022
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Second Amendment to Lease Agreement A-6480 with Union Pacific Railroad Company.
RECOMMENDATION
That the City Council approve and authorize the Mayor to execute a Second Amendment to Lease Agreement A-6480 for five (5) years from the effective date of this Second Amendment with Union Pacific Railroad Company (Union Pacific) for the lease of City property at 255 and 273 East Fifth Street. (This item did not originate in Committee.)
BACKGROUND
Union Pacific currently leases City property at 255 and 273 East Fifth Street, as depicted in Exhibit A in the original Lease Agreement A-6480 dated February 1, 2005. A First Amendment to the lease was executed on December 16, 2011, establishing a month-to-month tenancy. In recent discussions with Union Pacific, they prefer a long-term lease in order to adequately plan for current and future operations. Therefore, the Second Amendment is for a period of five (5) years from the effective date with the rent of $4,583.33 a month.
DISCUSSION
The City of Oxnard leases property to Union Pacific at 255 and 273 East Fifth Street. This Second Amendment amends Agreement A-6480 which was previously amended on December 16, 2011, by a First Amendment.
Union Pacific utilizes a section of railroad tracks and a building on City property at 255 and 273 East Fifth Street for day- to-day operations. The building consists of office space and meeting rooms. Union Pacific is a good tenant and provides the following benefits to the City:
1. Occupancy of the building deters homelessness, vagrants, and vandalism
2. Conducts maintenance and repair as required to the building
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
If approved, the lease agreement will generate up to $54,999.96 in annual rental revenue for Transportation Fund Article 4 Fund 213.
102
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Brian Yanez, Assistant Public Works Director
ATTACHMENTS
1. Second Amendment_ Union Pacific Railroad Agreement A-6480
2. Union Pacific Railroad Agreement A-6480
103
SECOND AMENDMENT TO LEASE
Agreement No. A-6480
SECOND AMENDMENT TO LEASE
This Second Amendment (“Second Amendment”) to the Lease (“Agreement”) is made and entered into in the County of Ventura, State of California, this ______ day of __________, 20___, by and between the City of Oxnard, a municipal corporation (“City”), and Union Pacific Railroad Company, a Delaware corporation (“Tenant”). This Second Amendment amends the Agreement entered into on February 1, 2005, by City and Tenant. The Agreement previously has been amended on December 16, 2011, by a First Amendment.
City and Tenant agree as follows:
1. The month to month tenancy established in the First Amendment to the Agreement is hereby terminated and the term of the Agreement is hereby extended as follows:
The term of the Agreement shall be for a period of five (5) years from the effective date of this Second Amendment. Notwithstanding the foregoing, Tenant may terminate the Agreement at any time after three (3) years upon providing City with at least six (6) months prior notice of such termination.
2. The rental rate and any CPI increases set forth in the Agreement or First Amendment are hereby replaced as follows:
Rent for the period set forth in Paragraph 1, above, shall be $4583.33 per month.
3. As so amended, the Agreement remains in full force and effect. [Signatures on next page]
104
Agreement No. A-6480
SECOND AMENDMENT TO LEASE
IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.
CITY OF OXNARD__________.
John C. Zaragoza, Mayor 1 Date _____, _____ 2 Date Alexander Nguyen, City Manager
Purchasing Manager
___________, Buyer
_____, _____ Date
ATTEST:
Rose Chaparro, City Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:
Stephen M. Fischer, City Date
Attorney (always required)
1 The City Council must authorize and the Mayor must sign the amendment if the original contract and all amendments collectively total over $200,000 annually. The City Manager may authorize and sign the amendment if the original contract and all amendments collectively total over $100,000 but up to $200,000 annually. The Purchasing Manager may authorize and sign the amendment if the original contract and all amendments collectively total up to $100,000 annually. A Buyer may authorize and sign the amendment if the original contract and all amendments collectively total up to $25,000 annually.
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. 105
Agreement No. A-6480
LEASE
This Lease ("Lease") is entered into in the County of Ventura, State of California, this 1st day of February , 2005, by and between the City of Oxnard ('�Landlord"), and Union Pacific Railroad Company, a Delaware corporation (''Tenant").
1. Description of Leased Premises
Landlord hereby leases to Tenant, and Tenant hires from Landlord for the term, at the rental, and pursuant to the covenants, terms and conditions set forth herein, that certain improved real property located at 255 and 273 East Fifth Street, Oxnard, California. The Leased Premises are outlined and depicted in Exhibit "A" attached hereto and incorporated by this reference in full herein.
2. Term
The term of this Lease ("Term") shall commence on _______ _, 2005 (the "Commencement Date") and shall expire on , 2007 (the "Expiration Date"), subject to earlier termination as provided herein.
Tenant shall have the right to terminate this Lease prior to the end of the Term on 60 days' written notice to Landlord. Termination of the Lease by Tenant pursuant to this provision is not a default or termination within the meaning of Section 13 of this Lease and the remedies described in Section 13 will not apply.
3. Rent
a. Amount of Rent
During the Term, Tenant agrees to pay Landlord as Rent for the Leased Premises, the sum of $100.00 per month. The Rent shall be due and payable to Landlord on the first day of each and every calendar month during the Term. Rent for the first month of the Term, or portion thereof, shall be paid concurrently with the execution of this Lease. If the Commencement Date is not the first day of a calendar month, or if the Tenn ends on a day other than the last day of a calendar month, then the rental for such partial month(s) shall be prorated based on a 30-d ay month.
b. Payment of Rent
Rent shall be paid to Landlord, without deduction or offset, in lawful money of the United States of America, which shall be l egal tender at the time of payment, at the office of Landlord or to such other person or at such other place as Landlord may from time to time designate in writing.
4. COUNCILAPPROVAL
DATE:tJZ.)dl/05 AGENDAI I-2.
106
4. Delivery, Condition. Warranty
a. Delivery and Condition of Leased Premises
Landlord shall deliver physical possession of the Leased Premises to Tenant upon the execution of this Lease by Landlord and Tenant. Tenant hereby accepts the Leased Premises in its existing "AS IS" condition as of the date hereof subject to all applicable zoning, municipal, county and state laws, ordinances arid regulations governing the use of the Leased Premises, and any easements, licenses, covenants, conditions or restrictions of record, executed by Landlord, and Tenant accepts this Lease subject thereto and subject to all matters disclosed thereby. b. No Warranty
Tenant acknowledges that Landlord has not made any representation or warranty whatsoever as to the condition of the Leased Premises including, bat not limited to, the condition· of the electrical, plumbing, fire sprinkler pressure, lighting, air conditioning and heating therein, or the present or future suitability of the Leased Premises for the conduct of Tenant's business or activity. Landlord and Tenant hereby acknowledge that the Leased Premises were owned by Tenant prior to the commencement of this Lease.
c. Latent or Patent Defects
Landlord shall not be liable for any latent or patent defects in or about the Leased Premises. Tenant hereby waives all other express or implied warranties or representations regarding any latent or patent defects in the Leased Premises.
5. Use of Leased Premises
a. Limitation on Use
Tenant shall use the Leased Premises solely for railroad administrative purposes, employee check-in, office and storage use in connection with railroad maintenance and operations. It is the intent of the parties that Tenant shall have the right to continue its present use of the Leased Premises for railroad purposes, including outdoor storage of railroad materials to the extent needed for maintenance and operation of the railroad. Parking of licensed vehicles related to railroad administrative purposes, employee check-in, office and storage use in connection with railroad maintenance and operations is permitted. b. Antidiscrimination and Equal Opportunity
Tenant, for itself, its successors and assigns and all persons claiming under or through it, covenants that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the Leased Premises, nor shall Tenant or any person claiming under or through it, establish or permit 2 107
any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy, of tenants, licensees, employees or vendees in the Leased Premises or the improvements thereon. The foregoing covenants shall run with the land.
Tenant, for itself, its successors and assigns and all persons claiming under or through it, covenants that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the construction of any improvements on the Leased Premises.
The Tenant shall refrain from restricting the rental or lease of the Leased Premises on the basis of race, color, creed, religion, sex, marital status, ancestry or national origin of any person. All leases, deeds or contracts which Tenant proposes to enter into with respect to the lease, sublease, transfer, use, occupancy, tenure or enjoyment of any land in the Leased Premises shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses which shall be binding on all contracting parties or transferees:
(1) In leases:
"The tenant herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions:
"That there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, in the leasing, subleasing; transferring, use, occupancy, tenure or enjoyment of the premises herein leased, nor shall the tenant himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, u.se or occupancy of tenants, lessees' subtenants, sub lessees or vendees in the premises herein leased." (2) In contracts:
"There shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall any party to this contract, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land."
C. Prohibited Uses
Tenant shall not do or permit anything to be done in or about the Leased Premises that in any way increases the existing rate of any fire or other insurance on the Leased Premises or any of its contents, or that causes a cancellation of any insurance policy covering the Leased Premises, the Leased Premises or any part of them or any of the contents thereof, or which 3 108
constitutes an activity specifically excluded from the Landlord•s insurance policy or any insurance Tenant is required by Landlord to obtain, which policies are described in Section 6 of this Lease. Tenant shall not commit or cause to be committed any nuisance or waste in or on the Leased Premises or any law, statute, ordinance or governmental rule or regulation now in force or hereafter in force.
d. Alterations
Except as otherwise provided herein, Tenant shall not make or cause to be made any alterations, repairs, additions or improvements to any part of the Leased Premises, without the prior written consent of Landlord, which consent may be withheld in Landlord•s sole and absolute discretion.
6. Insurance
a. Landlord understands that Tenant is self-insured for all public liability and property damage on and to the Leased Premises, and agrees that Tenant sha11 have the right to continue to be self-insured during the term of this Lease. Tenant shall have no duty to act as an insurer hereunder. The provisions of Section 12 herein shall govern liability as between the parties hereto. Notwithstanding the foregoing or any provision of Section 12, in the event that Tenant maintains any form of excess or umbrella insurance coverage specifically for the Leased Premises (as opposed to coverage applicable to the entire railroad), Landlord shall be named as an additional insured on such excess or umbrella insurance coverage and Tenant shall deliver to the Landlord copies of such policies of insurance and certificates evidencing the existence and amounts of such insurance with loss payable clauses and additional insured endorsements in favor of Landlord and cross-liability endorsements.
7. Damage
a. Partial Damage
In the event the Leased Premises are damaged then Landlord shall have the option either to (1) repair or restore such damage, this Lease continuing in full force and effect and Tenant not being entitled to any abatement or reduction of Rent, or (2) give notice to Tenant at any time within 30 days after such damage terminating this Lease as of a date to be specified in such notice, which date shall be not less than 120 days after giving such notice. In the event of the giving of such notice, this Lease shall expire and all interest ofTenant in the Leased Premises shall terminate on such date so specified in such notice and all Rent shall be paid to the date of such termination; provided, however, that Landlord agrees to refund to the Tenant any Rent theretofore paid in advance for any period of time subsequent to such date. a. Total Destruction
In the event the Leased Premises are totally destroyed or the Leased Premises cannot be restored as required herein under applicable laws and regulations, notwithstanding the 4 109
availability of insurance proceeds, this Lease shall be terminated effective the date of the total destruction.
b. Landlord's Obligations
The Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any restoration or replacement of any decorations, partitions, floor covering or any other improvements or property installed in the Leased Premises by Tenant or at the direct or indirect expense of Tenant.
8. Eminent Domain
If all or any part of the Leased Premises shall be taken or appropriated for public or quasi-public use by right of eminent domain with or without litigation or transferred by agreement in connection with such public or quasi-public use, either Landlord or Tenant shall have the right at its option, exercisable within 30 days of receipt of notice of such taking, to terminate this Lease as of the date possession is taken by the condemning authority; provided, however, that before Tenant may terminate this Lease by reason of taking or appropriation as provided hereinabove, such taking or appropriation shall be of such an extent and nature as to substantially handicap, impede or impair Tenant's use of the Leased Premises. No award for any partial or entire taking shall be apportioned, and Tenant hereby assigns to Landlord any award which may be made in such taking or eminent domain proceeding, together with any and all rights of Tenant now or hereafter arising in or to the same or any part thereof: provided, however, that nothing contained herein shall be deemed to give Landlord any interest in or to require Tenant to assign to Landlord any award made to Tenant for the taking of personal property and fixtures belonging to Tenant and/or for the interruption of or damage to Tenant's business, or for relocation costs.
9. Utilities
Tenant shall pay for all water, gas, heat, electricity services, telephone services and all other services and utilities supplied to the Leased Premises. Tenant shall also pay for Tenant's own telephone service and all other services and/or utilities supplied to the Leased Premises. Landlord shall not be liable in damages or otherwise for any failure, interruption or unavailability of any utility service being furnished to the Leased Premises and no such failure or interruption shall entitle Tenant to terminate this Lease or receive any abatement of Rent hereunder.
10. Taxes
a. Payment of Taxes
Tenant shall pay at least 10 days before due, and before any fine, penalty, interest or cost shall be charged thereon, directly to the appropriate taxing or other governmental authority, all:
5 110
(1) Real estate and other ad valorem taxes and assessments of every kind and nature levied and assessed upon the Leased Premises and the underlying realty including, but not limited to, possessory interest taxes assessed against the leasehold interest created hereby and general and special assessments, whether foreseen or unforeseen; and (2) Taxes, assessments, license fees and public charges levied, assessed or imposed upon its business operation on the Leased Premises, (collectively, "Taxes'') and Tenant shall deliver to Landlord copies of receipted bills for such Taxes within 15 days after receipt of such bills by Tenant.
b. Personal Property Taxes
If any taxes on Tenant's personal property are levied against Landlord or Landlord's property, or if the assessed value,ofthe Leased Premises is increased by the inclusion of a value placed on Tenant's personal property, and if Landlord pays the taxes on any of these items or the taxes based on the increased assessment caused by these items, Tenant, on demand, shall immediately reimburse Landlord , for the sum of the taxes levied against Landlord, or the proportion of the taxes resulting from the increase in Landlord's assessment. Landlord shall have the right to pay these taxes regardless of the validity of the levy. c. Possessory Interest Tax
Landlord and Tenant agree that this Lease may create a possesso1y prope1ty interest which is subject to property taxation, in which event Tenant shall pay such possessory property taxes, but only if assessed as part of Tenant's central assessment.
11. Laws and Licenses
a. Compliance with Law
Tenant agrees to comply with all zoning, municipal, county and state laws, ordinances and regulations governing the use of the Leased Premises and which are applicable to property used by railroad companies in interstate commerce such as Tenant, and any other covenants or.restrictions of record.
b. Licenses
Tenant agrees to secure any federal, state or local licenses or permits required in order to use the Leased Premises for the purposes specified hereinabove. Tenant shall secure such licenses and permits before the Commencement Date of this Lease.
12. a.
Indemnity and Exculpation
Indemnity .
Tenant shall indemnify, defend and hold hannless'Landlord, the City of Oxnard (the "City") against any and all claims, liabilities, losses, costs, expenses~ including without limitation 6 111
attorneys' fees and costs ("Claims or Liabilities") including without limitation those resulting from theft, vandalism, personal injury, disability or death, and even if caused in whole or in part by the passive negligence of Landlord, its agents, staff or employees ( e.g., failure to supervise or control, or warn of or remove a condition on or about the Leased Premises) arising from:
(1) The condition of the Leased Premises and surrounding areas which are used by Tenant and Tenant's employees, staff, consultants, agents, contractors, suppliers, invitees, guests, patrons, licensees, successors and assigns (collectively, "Tenant's Representatives"); (2) Tenant's use of the Leased Premises;
(3) Any breach or default in the performance of any obligation on Tenant's part to be performed under the terms of this Lease; or
(4) The conduct of Tenant's business operated onor about the Leased Premises or any act or negligence of Tenant, except that Tenant shall not indemnify, defend and hold harmless Landlord from and against any claims to the extent they result solely from the active negligence or willful misconduct of Landlord or Landlord's agents, staff, employees, consultants, officers, successors and assigns (collectively, "Landlord's Representatives"). b. Tenant's Obligation to Defend
In case any action or proceeding be brought against the Landlord by reason of any such claim, Tenant, upon notice from the Landlord, shall defend Landlord at Tenant's expense by counsel reasonably satisfactory to Landlord.
c. Assumption of Risk and Waiver
Tenant, as a material part of the consideration given to Landlord, hereby (1) assumes all risk of damage to property or injury to persons in, upon or about the Leased Premises arising from any cause including, but not limited to, any theft, vandalism, damage, injury to person or death resulting from the condition of the Leased Premises during the Term hereof but excluding any claims (except for those claims arising from Landlord's alleged failure to supervise or control Tenant's actions or Tenant's use of the Leased Premises) arising from the active negligence or willful misconduct of Landlord, and (2) waives all claims in respect thereof against Landlord, and the City.
d. Exemption of Landlord From Liability
Landlord and Tenant agree that Landlord shall not be liable for any injury or damage which may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees or customers, or by any other person in or about the Leased Premises caused by or resulting from fire, steam, electricity, gas, water or rain which may leak or flow from or into any part of the Leased Premises, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, 7 112
whether said damage or injury results from conditions arising upon the Leased Premises or from other sources.
13. Default and Remedies
a. Default
The occurrence of any of the following shall constitute a material default and breach of this Lease by Tenant:
(1) Any failure by Tenant to pay any Rent at the time the payment is due:
(2) The abandonment or vacation ( defined to be 10 or more days of continuous absence from the Leased Premises) of the Leased Premises by Tenant: , (3) The failure by Tenant to observe and perfonn any other provision of this Lease to be observed or performed by Tenant, where such failure continues for 15 days after written notice thereof by Landlord to Tenant; provided, however, that if the nature of the default is such that the same cannot reasonably be cured within a 15-day period, Tenant shall not be deemed to be in default if Tenant shall within such period commence such cure and thereafter diligently prosecute the same to completion;
(4) The making by Tenant of any general assignment or general arrangement for the benefit of creditors, the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located at the Leased Premises or Tenant's interest in this Lease, where possession is not restored to Tenant within 30 days, or the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Leased Premises or of Tenant's interest in this Lease, where such seizure is not discharged within 30 days. b. Termination
In the event of any such default by Tenant, then in addition to any other remedies available to Landlord at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder by giving written notice of such termination. In the event that Landlord shall elect to so terminate this Lease then Landlord may recover from Tenant:
(1) The worth at the time of award of any unpaid Rent which had been earned at the time of such termination; plus
(2) The worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination ·until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (3) The worth at the time of award of the amount by which the unpaid Rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
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(4) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform his obligations under this Lease or which in the ordinary course of events would be likely to result therefrom; plus (5) At Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by law. (6) As used in subparagraphs 13.b(l) and 13.b(2) above, the "worth at the time of award" is computed by allowing interest at the discowit rate of the Federal Reserve Bank of San Francisco· at the time of award plus one percent. As used in subparagraph 13 .b(3) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent. c. Additional Remedies.
(1) In the event of the vacation or abandonment of the Leased Premises by Tenant (as defined in Section 13.a(2) above), and if Landlord does not elect to terminate this Lease and Te11:ant' s right to possession of the Leased Premises by electing the remedies provided in Section 13.b above, then Landlord may, pursuant to Section 1951.4 of the Civil Code of the State of California, recover all Rent as it becomes due. (2) Landlord's entry into the Leased Premises for maintenance purposes or in an attempt to relet the Leased Premises shall not be considered to terminate Tenant's right to possession of the Leased Premises and no entry of the Leased Premises by Landlord shall be construed as an election to terminate this Lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction.
Landlord may at any time after any default by Tenant elect t~ tenninate this Lease pursuant to Section 13.b above.
(3) The rights of Landlord under this Lease shall be cumulative to all other rights or remedies now or hereafter available to Landlord at law or in equity.
14. Maintenance/Repair
a. Tenant's Obligations
Tenant, at its sole cost and expense, shall keep, maintain and, if necessary, repair all portions of the Leased Premises as well as all improvements on the Leased Premises and all facilities appurtenant to the Leased Premises in good order and repair, including without limitation the interior surface of exterior walls, windows, window frames, doors, door frames, locks, plate or other glass, floor covering, interior ceiling and walls, all electrical equipment, all heating, ventilation, exhaust, make~up and air conditioning equipment, all plumbing, sewage and sprinkler systems, if any, and all other equipment installed in or located outside of the Leased Premises but otherwise exclusively serving the Leased Premises. Tenant's obligations under this section shall be deemed fulfilled if Tenant maintains the Leased Premises and improvements in 9 114
substantially the same condition as existing as of commencement of this Lease, subject to ordinary wear and tear.
b. Maintenance of Glass
Notwithstanding anything which may be or appear to be herein to the contrary, Tenant shall, at its own cost and expense, repair and replace any plate or other glass in any window on the Leased Premises that is broken for any reason. Should Tenant fail to repair or replace any broken glass within two days after same is broken, Landlord may, without notice to Tenant, replace or repair such glass and Tenant shall immediately reimburse Landlord as Additional Rent for the cost thereof together with interest on such cost at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent from the date the cost is incurred by Landlord to the date same is reimbursed to Landlord by Tenant. c. Waiver by Tenant
Landlord shall have no obligation to repair or maintain the Leased Premises or improvements constructed therein except as provided in this Lease. Tenant hereby waives all right to make repairs at the expense of Landlord as provided for in any statute or law in effect at the time of execution of this Lease (including Section 1942 of the Civil Code of the State of California) or any amendment thereof or any other statute or law which may be hereafter enacted during the tenn of this Lease.
15. Landlord's Right of Entry
Tenant shall permit Landlord or Landlord's Representatives to enter the Leased Premises at all reasonable times for the purpose of inspecting the Leased Premises to detennine whether Tenant is complying with the tenns of this Lease and for the purpose of doing other lawful acts that may be necessary to protect Landlord's interest in 'the Leased Premises under this Lease or to perfonn Landlord's duties under this Lease. Landlord shall at all times remain no less than twenty-five (25) feet away from the nearest live railroad track while on the Lease Premises unless arrangements have been made with Tenant to supply a qualified flagperson to warn of the movement of trains. Landlord shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Leased Premises, excluding tenants vaults and safes, and Landlord shall have the right to use any and all means which Landlord may deem proper to open the doors in an emergency, the existence of which shall be detennined by Landlord in its sole discretion, in order to obtain entry to the Leased Premises. Any entry to the Leased Premises obtained by Landlord by any of such means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Leased Premises, or an eviction of Tenant from the Leased Premises or any portion thereof.
16. Transfers
a. Assignment and Subletting
Tenant shall not voluntarily or by operation of law assign, license, franchise, · transfer, mortgage or otherwise encumber all or any part of Tenant's interest in this Lease or in 115
the Leased Premises, and shall not sublet, franchise, or license all or any part of the Leased Premises, without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, and any attempted assignment, license, franchise, transfer, mortgage, encumbrance or subletting without such consent shall be wholly void. Without in any way limiting Landlord's right to refuse to give such consent for any other reason or reasons, Landlord reserves the right to refuse to give such consent if in Landlord's discretion and opinion the quality or character of the business operation conducted on the Leased Premises is or may be in any way adversely affected during the term of the Lease by such proposed assignment, license, franchise, transfer, mortgage, encumbrance or subletting, or if the financial worth, capability and/or liquidity of the proposed new tenant is less than that of Tenant at the time of the execution of this Lease.
b. Bankruptcy
In the event that Tenant files any type of petition in bankruptcy or has same filed against it and Landlord does not elect to terminate this Lease or is deemed to have waived its right to terminate this Lease, and in the event that the trustee or receiver appointed by the bankruptcy court attempts to assume this Lease and thereupon or otherwise assign it to a third party, then:
(1) Such assignee shall have a net worth at least equal to that of the Tenant at the time of execution of this Lease;
(2) The business of the assuming third party shall be consistent with the character and concept of the uses of the Leased Premises; and (3) All other provisions of 11 U.S.C. 365, as well as other bankruptcy law provisions for Landlord's protection, shall be satisfied before any assignment of Tenant's rights, or assumption of Tenant's obligations under this Lease. This subsection shall not be deemed to waive any of Landlord's rights under bankruptcy law or otherwise.
C. Effect of Assignment
No approved subletting or assignment shall relieve Tenant of its obligation to pay all Rent and to perform all of the other 0bligations to be performed by Tenant hereunder. Tenant shall pay Landlord for Landlord's attorneys' fees for the review of any proposed assignment or sublease as provided herein. The acceptance ofrent by Landlord from any other person shall not be deemed to be a waiver by Landlord of any provision of this Lease or to be a consent to any assignment, subletting or other transfer and such acceptance of rent shall not be deemed to constitute consent to any subsequent assignment, subletting or other transfer. 11 Option to Extend
Tenant shall have the option to extend this Lease beyond the original Term ("Option to Extend") for two 5-year periods ( each an "Option Term"), provided that Tenant is not in 11 116
breach of any provision of this Lease at the time of exercise of the Option to Extend. This Option to Extend applies only to the area designated as "Area B" on Exhibit A to this Lease.
Tenant shall give notice to Landlord in writing at least 90 days prior to the end of the Term of this Lease or the first Option Term, as applicable, that Tenant desires to exercise the Option to Extend. To determine the Rent for Area B during each Option Term, Landlord and Tenant shall each select an appraiser or real estate broker qualified to appraise real estate rental values in the Oxnard/Ventura area and the real estate brokers so selected shall determine the fair market rent for Area B as of the date on which the Option Term will commence. If the difference in the fair market rentals as determined by each appraiser or broker independently of the other is within ten (10%) percent of the lower rental value, the Rent shall be the average of the two rental values. If the difference in the fair market rentals as determined by each appraiser or broker is greater than ten (10%) percent of the lower value, the parties will jointly retain a third appraiser/broker whose determination of the fair market rental shall be binding on the parties. The Rent shall be adjusted annually during each Option Term upon each and every anniversary of the date on which the Option Term commenced, to reflect the increase, if any, in the Consumer Price Index ("CPI") for All Urban Comsumers, Los Angeles-Riverside-Orange Counties between the date on which the Option Term commenced and the first anniversary thereof, and likewise, to reflect any additional annual increase in the CPI between such adjustment date and each successive anniversary thereafter. In no event, however, shall any annual adjustment in the Rent, as a result of an increase in the CPI, result in a decrease in the Rent or an increase in the Rent exceeding an amount equal to 4% of the immediately preceding rental rate. During the Option Term, all terms of the original Lease document will continue to be in full force and effect with the exception of Section 3.
18. Attorneys' Fees
In case of any action or proceeding brought by either Landlord or Tenant against the other under this Lease, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs incurred from the nonprevailing party.
19. Notices
a. All communications, notices and demands of any kind that either Landlord may be required or desires to give to or serve on the other shall be made in writing and delivered personally or sent by registered or certified mail or Federal Express ( or other like overnight delivery service) to the following addresses:
To Landlord: City of Oxnard
Department of Public Works
305 West Third Street
Oxnard, CA 93030
Attn: Cynthia Daniels
Project Manager
With a copy to: Gary Gillig
City Attorney
12 117
City of Oxnard
300 West Third Street
Oxnard, CA 93030
Tenant: Director Field Operations
Western Region (File 1564~51)
Union Pacific Railroad Company
1400 Douglas Street, Mail Stop 1690
Omaha, Nebraska 68179
With a copy to: General Contract Counsel
Union Pacific Railroad Company
1400 Douglas St., Mail Stop 1580
Omaha, Nebraska 68179
402-544-4468
Fax: (402) 501-0132
b. Any such notice shall be presumed to have been received on the earlier of:
(1) Personal delivery to the address( es) shown above;
(2) One day after delivery to Federal Express or other like overnight delivery service; or
(3) Forty-eight hours after posting in the United States mail. Either Landlord or Tenant may change its address by giving the other written notice of its new address.
20. Subordination
Upon request of Landlord or any mortgagee or beneficiary of Landlord, Tenant shall, in a writing provided by Landlord or any mortgagee or beneficiary of Landlord, subordinate its rights hereunder to the lien of any mortgage or deed of trust or ground lease (''Mortgage"), now or hereafter in force against the Leased Premises and to all advances made or hereafter to be made upon the security thereof, provided that such Mortgage shall not materially impair Tenant's rights under this Lease, or impose any additional obligations upon Tenant.
Tenant further agrees~ upon request of Landlord or any mortgagee or beneficiary of Landlord, to provide to Landlord and/or any such mortgagee or beneficiary, financial statements of Tenant and the principal owners of Tenant within 10 days after request therefor.
21. Attornment
In the event any proceedings are brought for the foreclosure of any mortgage or deed of trust encumbering the Leased Premises, or any portion thereof, or in the event of the exercise of the power of sale under any mortgage or deed of trust made by the Landlord covering the Leased Premises, Tenant shall attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as the landlord under this Lease. 13 118
22. Surrender
By entry hereunder, Tenant accepts the Leased Premises as being in good and sanitary order, condition and repair and agrees on the last day of the Term, or sooner termination of this Lease, to surrender unto Landlord the Leased Premises with appurtenances in the same condition as when received, reasonable use and wear excepted, and to remove all of the Tenant's personal property from the Leased Premises. Tenant shall, upon the request of Landlord, remove from the Leased Premises those trade fixtures and other improvements identified by Landlord and installed in the Leased Premises by or at the direction of Tenant, and Tenant shall repair any damage occasioned by such removal.
23. Estoppel Certificate
Within ten (10) days after request by Landlord (which request may be from time to time as often as reasonably required by Landlord), Tenant shall execute and deliver to Landlord a statement substantially in the form of Exhibit "B", attached hereto and incorporated herein by this reference. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer, of the Leased Premises. Tenant's failure to deliver such statement within 10 days of Landlord's written request therefor shall be a binding agreement of Tenant:
a. That this Lease is in full force and effect without modification except as may be represented by Landlord;
b.
C.
That there are no uncured defaults in Landlord's performance hereunder; and That not more than one monthly installment of Rent has been paid in advance.
Such failure to deliver such certificate (showing an.y exceptions to any of the statements of fact required thereby) shall be a material default under this Lease.
24. Signs
Tenant shall not erect or install any signs or advertising media or window or door lettering or placards without Landlord's prior written consent and any sign permit or other permit required by the Oxnard City Code. Any existing signage may be maintained in its existing condition by Tenant. All communication facilities required for railroad operations may be installed and maintained by Tenant at its discretion.
25. Binding on Successors and Assigns
Each provision of this Lease performable by Tenant shall be deemed both a covenant and a condition. The tenns, conditions and covenants of this Lease shall be binding upon and shall inure to the benefit of Landlord and Tenant, their heirs, personal representatives, and permitted successors and assigns.
26. Waivers
14 119
No waiver by Landlord of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by Tenant of-the same or any other provisions. The subsequent acceptance of Rent hereunder by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this Lease, other than the failure of Tenant to pay the particular Rent so accepted, regardless of Landlord's knowledge of such preceding breach at the time of acceptance of such Rent. No term, covenant or condition of this Lease shall be deemed to have been waived by Landlord unless such waiver be in writing signed by Landlord.
27. Entire Agreement
There are no oral or written agreements or representations between the Landlord or Tenant affecting this Lease, and this Lease supersedes and cancels any and all previous negotiations, arrangements, representations, agreements and understandings, if any, between the Landlord or Tenant with respect to the subject matter thereof, and none thereof shall be used to interpret or construe this Lease. All reliance by either Landlord or Tenant with respect to representations and warranties shall be solely upon the representations and agreements contained in this Lease.
28. Amendments
Landlord and Tenant agree that the term and conditions of the Lease may be revised or modified at anytime. Any modifications to this Lease shall be effective only when agreed to in writing by both Landlord and Tenant.
29. Time
Time is of the essence of this Lease.
30. No Broker
Tenant represents and warrants that Tenant has dealt with no real estate brokers, leasing agents or finders in connection with or arising out of any of the transactions contemplated by this Lease, and covenants and agrees to indemnify, defend and save Landlord harmless from any and all losses, liability, damages and expenses (including reasonable attorneys' fees and costs), that may arise from a breach of this representation and warranty.
31. Severability
If any provisions of this Lease shall be determined to be void by any court of competent jurisdiction, then such determinati_on shall not affect any other provision of this Lease and all such other provisions shall remain in full force and effect. Landlord and Tenant intend that if any provision of this Lease is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid.
15 120
32. Applicable Law
The laws of the State of California shall govern the validity, performance and enforcement of this Lease. This Lease shall not be construed either for or against Landlord or Tenant, but this Lease shall be interpreted in accordance with the general tenor of the language in an effort to reach an equitable result.
33. Tenant as Legal Entity
a. Tenant as Corporation
In the event Tenant (or a general partner of Tenant) shall be a corporation, the persons executing this Lease on behalf of such corporation hereby covenant, represent and warrant that such corporation is a duly constituted corporation in good standing and qualified to do business in the State of California; all franchise and corporate taxes have been paid to date; all future forms, reports, fees and other documents necessary to comply with applicable laws will be filed when due; and such persons are duly authorized by the governing body of such corporation to execute and deliver this Lease on behalf of the corporation. b. Tenant as Partnership
fn the event Tenant is a partnership, the persons executing this Lease on behalf of Tenant hereby represent and warrant that. Tenant is duly organized and validly existing and is qualified to do business in the State of California; all future forms, reports, fees and other documents necessary for Tenant to comply with applicable laws will be filed by Tenant when due; and such persons are authorized to execute and deliver this Lease on behalf of the partnership.
34. Waiver of Redemption Rights
Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Tenant being evicted or dispossessed for any cause, or in the event of Landlord obtaining possession of the Leased Premises by reason of the violation by Tenant of any of the covenants and conditions of this Lease or otherwise: The rights given to Landlord herein are in addition to any rights that may be given to Landlord by any statute or otherwise.
35. No Reservation or Option
The submission of this Lease for examination does not constitute a reservation of or option for the Leased Premises, and this Lease shall become effective as a lease only upon execution thereof by Landlord and Tenant.
36. Counterparts
This Lease may be executed in counterparts, each of which shall be deemed to be an original document.
16 121
37. Captions
The captions of the sections of this Lease or any exhibits or riders attached hereto are for convenience only and shall not be deemed to be relevant in resolving any question of interpretation or construction of any section of this Lease. · IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease as of the day and year first written above.
LANDLORD
CITY OF OXNARD
Dr. Thomas E. Holden, Mayor
ATTEST:
TENANT
UNfON PACIFIO RAILffPAD COMPANY
~F-~
GENERALAGER~REAL ESTATE
TONYK.LOVE
D~~~ .;_/r/4r
APPROVED AS TO FORM: APPROVED AS TO INSURANCE:
~sal~ Risk Manager
APPROVED AS TO CONTENT:
17 122
EXHIBIT A
TO BE ATTACHED.
18 123
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124
LEGAL DESCRIPTION OF "AREA B"
That portion of Subdivision No. 31, Rancho el Rio de Santa Clara o' La Colonia, in the City of Oxnard, County of Ventura, State of California, according to that certain partition map filed in the office of the County Clerk of said County in that certain action entitled "Thomas Scott, et al., Pltffs. vs. Rafael Gonzales, et al., Defts.", described as follows:
BEGINNING at a point on the Northeasterly line of East Fifth Street, 90 feet wide, at the intersection of said Northeasterly line with the Easterly line of that certain parcel of land described in the deed recorded as Instrument No. 20050330-0076332 in the office of the County Recorder of said County; said point being on a curve concave Northeasterly, having a radius of 2205.00 feet, a radial bearing to said curve at said point bears South 21 °40'01: West; thence
pt: Northwesterly 70.11 feet along said curve through a central angle of 01 °49'18"; thence continuing along said right of way,
2nd: North 66°30'41" West 144.68 feet to the beginning of a curve concave Southwesterly, having a radius of 945.00 feet; thence
3rd: Northwesterly 64.18 feet; thence
4th: North 27°29' 51" East 78.30 feet; thence
5th: North 62°30'09" West 40.12 feet; thence
6th: North 27°29'5 I" East 70.48 feet to a point on a curve concave Northeasterly, having a radius of 1781.42 feet, a radial bearing to said curve at said point bears North 31 ° 49' 11" East; thence
7th: Southeasterly 308.38 feet along said curve through a central angle of 09°55 '06"; thence
8th: South 23°01 '48" West 130.26 feet to the POINT OF BEGINNING.
Containing 39,499 square feet, more or less.
125
EXIDBIT "B"
ESTOPPEL CERTIFICATE
RE: Lease dated _________ by and between ________ _
"Landlord'' and "Tenant" for the Premises located at
1. The term of the Lease commenced on ---------------
2. The tenn of the Lease shall expire on ______________ _
3. The Lease (Initial one): has ___ has not ___ been amended, modified, supplemented, extended, renewed or assigned.
4. That the basic monthly rental now in full force and effect is $ ______ _
5. That the amount of security deposit (if any}' is: $ __________ _
6. That the building improvements and specific requirements to be fulfilled by Landlord according to the aforesaidLease have been satisfactorily completed in all respects.
7. That the Landlord has fulfilled all of its duties of an inducement nature and is not in default in any manner in the performance of any of the terms, covenants or provisions of said Lease.
8. Tenant has no right to any concessions (rental or otherwise) or similar compensation in connection with renting the Premises it occupies, except as provided in the Lease.
9. Except as may be specifically set forth in the Lease, Tenant does not have any right to renew or extend the term of the Lease nor any option or preferential right to purchase all or any part of the leased Premises or all or MY part of the building and Premises of which the leased Premises are a part, nor any right, title or interest with respect to the leased Premises other than as Tenant under the Lease. ·
10. Tenant understands that ______________ may purchase or acquire (or lend money pursuant to a Promissory Note and Deed of Trust secured by) the Premises known as ______________ and that if it does so, its action will be in material reliance upon this Certificate.
The undersigned Tenant and Landlord hereby certify that the above information is true and correct and that · may rely upon said information.
Tenant: Landlord:
By By
-- ··---- ·-·--- --- ------Date Date
1 126
PARTIAL ASSIGNMENT AND ASSUMPTION AGREEMENT
FOR VALUE RECEIVED, UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Assignor"), ASSIGNS AND TRANSFERS to CITY OF OXNARD, a municipal corporation of the State of California ("Assignee"), its successors and assigns, all of Assignor's right, title and interest in and to that certain Underground Telegraph or Telephone Crossing Agreement dated October 20, 1954 between Southern Pacific Company (predecessor in interest to Assignor) and The Pacific Telephone and Telegraph Company, identified in the reco1ds of Assignor as Audit No. 105373 (the 11License11) to the extent the License affects the real property ("Property") described in Exhibit A.
Assignee agrees to (a) perfonn all of the obligations of Assignor pursuant to the License as it relates to the Property accruing on and after the date hereof, and (b) indemnify, defend and hold Assignor hannless from and against any and all claims, causes of actions and expenses (including reasonable attorney's fees) incurred by Assignor and arising.out of (I) Assignee's failu1·e to comply with term's of the License as it relates to the Property on and after the date hereof, or (2) claims under the License as it relates to the Property by the licensee named in the License accruing on and after the date hereof.
This assignment is made and accepted without recourse against Assignor as to the performance by any party under such License.
AH exhibits attached to this Agreement are incorporated herein for all purposes.
Dated the __ day of February, 2005.
UNION PACIFIC RAILROAD COMPANY,
a Delaware corporation
By: _ __,;·_:j=-:...-/,:.,._,.:~~~~~---~
Title: __ G_E_N_ERAL_~=~G .... E....,R .... ~R.,,.EAL.---E_S_t_ATE __ TONYK.LOVI:
CITY OF OXNARD, a municipal corporation
of the State of California
By: ~t~
Title: MAYOR
127
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY ATTACHED
128
BXHIBITA
Coast Surveying, Inc,
February 21, 2002
THAT PORTION OF SUBDMSION 31, RANCHO BL RIO DE SANTA CLARA O'LA COLONIA, 'IN THB ClTY OF OXNARD, COUNTY OF. VENTURA, STATE OF CALIFORNIA, AS PER MAP ON FlLB IN THE OFFICE OF THE COUNTY CLERK OF SAID COUNTY IN AN ACTION ENTITLED ''THOMAS A. SCOTT, ET AL., PLFPS. VS. RAFABL OONZALBS, BT .AL. DBFTS." DESCRIBED AS FOLLOWS:
'Bl!OINNJNG AT THB SOUTHEASTER.LY CORNER OF LOT 27, FIFTH STREET ADDfflON TO OXNARD, AS PBR MAP RECORDED m BOOK 5, PAGB 14 ½ OF MAPS, IN THE OFFICB OF THB COUNTY R.BCORDBR OF SAID COUNTY; THENCB ALONG nm NORTHBASTBRLY LlNB OF SAID MAP, ALSO BBING 111B SO'OTHWBSTERLY RIGHT OF WAY LINE OF S.P.R.R. RIGHT OF WAY AS SHOWN ON SAID MAP, THE FOLLOWING COURSES:
1. NOR.TH 56°32'52,. WEST 103.40 FBBT;
2. NOR.TH 53°40'52., WEST 103.40 FEBT;
3. NORTH S0°30'52'' WEST 8.35 PBBT TO THE BBGINNlNG OF A NONT.ANGBNT· CURVE CONCAVE SOUTHWBSTBRLY HAVING A
RADIUS OF 937.87 FEBT, A RADIAL BBA'RJNG TO SAID CURVE BEARS . NOR.111 75°06'03" BAST; . . .
THENCE LBAVING SAID NOR.THBASTBRLY LINE ANDS.AID RIGHT OF WAY NORTHWESTERLY· 73.0S F.BBT ALONG SAID CURVE.THROUGH A CENTRAL ANOLB OF 04°27~47" TO nm BBOJNNINO OF A COMPOUND CURVE
CONCAVE SOUTHWESTERLY HA VlN<l A RADIDS OF 897.03 PBBT; THENCE NORfflWESTERL Y 73.95· FBET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°43 '25" TO THE BEGINNING OF 'A CO:MPOUND CUR.VB CONCA VB SOUTHWBSTBRLY HAVING A. RADIUS OF 682~00 FBBT; 'f.HBN'CE NORTHWESTERLY 36.76 PEET ALONG SAID CURVE THROUGH A CBNTRAL ANGLE OF° 03°05;17"; THENCE ALONG A NONTANGBNT · LINE SOUTH 89°24'49" BAST 54.47 FBBT TO THB BEGINNING OF A CURVE CONCAVE SOUTHWESTBRLY HAVING A RADIUS OF S.00 FEET; THENCE EASTERLY AND SOUTHEASTERLY 3.60 FEET .ALONG SAID CURVB THROUGH A CENTRAL ANGLE OF 41°12'13" TO THE BEGINNING OF A REVERSE CORVE CONCAVE NORTHWESTERLY HA VINO A RADIUS OF 1781.42 FBBT, A RADIAL BEARING THROUGH SAID POINT BEARS NORTH 41 °47'24" BAST; THENCB . SOUfHBASTERLY 620.96 FEET ALONG SAID CUR.VE THROUGH A CENTRAL . ANGLB OF 19°58'19"; THENCE SOUTH 23°01,48" WEST 130.26 FEET TO nm NORllIEASTERLY RIGHT OF WAY OF EAST FIFTH STREET (90 FEET WIDE), SAID POINT BBING ON A CURVE CONCAVE NORTHEASTERLY HAVING A · RADIUS OF 2205.00 FEET, A RADIAL :BBARlNO TO SAID CURVE AT SAID PCINT BEARS SOUTH 21°40'01" WEST; TIJENCE N0.RTHWESTERLY 70.10 FEET ALONG SAIO CURVE THROUGH A CENTRAL .ANGLE OF 01°49'18"; THBNCB CONTINUING ALONG SAID RIGHT OF WA.Y THE FOLLOWING COURSES: .
1N 100-050 SPRR(REV) Page I ar2
129
Coast Surveying, me.
February 21, 2002
. 1. NORTH 66°30'41" WEST 144.68 FEET TO THE BEGINNlNG OF A CURVE CONCA VE SOUTHWESTERLY HA YING A RADWS OF 945.00 FEET;
2. NORTHWESTERLY 127.46 FEET ALONG SAID CURVE THROUGH A CENTRAL .ANGLE OF 07<143 '42 TO nm sounmASTERL Y LINE OF THE LAND DESCRIBED IN' THB DEED TO Tim SOUTHERN · PACIFIC
COMPANY IN BOOK 1652 PAGE 202 OF OFFICIAL RECORDS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID
SOUTHEAST LINE BEING A NONTANGENT CURVE CONCAVE
NORTHWESTERLY HAVJNG A RADIUS .. OF. 1.5,00 FEET, A RADIAL BEARING TO SAID CURVE BEARS SOUTH 15°45'51" ~T;
THENCE NORTHEASTERLY 20.51 FEET ALONG SAID CURVE THROUGH A CENTRAL' ANGLE OF 78°21 '32"; THENCE CONTINQING ALONG SAID SOUTHEASTERLY LINE NORTH 27°24'19" EAST 19.44 FEET TO THE POINT OF BEOINNJNG.
CONTAINlNG 1.86 ACRES, MORE OR LBSS.
SUBIBCT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY AND EASB~NTS OF RECORD, IF ANY.
ALL AS MORE PARTICULARLY SHdWN ON BXHIBITB ATI'ACHED HERETO ANO MADE A PART HEREOF. .
DATED THIS 21 ST DAY OF FEBRUARY, 2002.
~~cl£?~
GWEN-VERA DEL CASTll..LO, PL$ 5108
REGISTRATION EXPIRES 6/30/03
JN 100-050 SPM(lt.EV) Pagchfl
130
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i~
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1-V):
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;;g
::-~ 1- :z:
-'~ "Si>
~ -- z = p
(ABND)
(ENTERPRISE STREET)
NJt • 9'34"£ 1.2.J
0 BEARING
--•
l S-66• 30' 41' E
2. Nc3•01'48'E
3 N89•24•49•w
4 sso•3o•s2•t
S S53•4 □'52'E
6 S56•3e'52'E-
7 S27•24'19''W
ALLEY
~
Q
""" 9.
22 DISTANCE
144. 68'
130. 26'
54. 47'
8. 35'
103, 40'
103. 40'
19. 44'
0 1
2 3
4 5
·6
7 8
. POR SUBOA 3-J
RJ-\NC.HO EL RJO ·
i"06'03"E
:RAD)
1£. S.AJ\JJ A CLARA
0~ COLoNJA
~..c,
·,i!~
DELTA
01•43• 42'
OP49' 18'
19• 58' 19"
41 • 12' 13"
03•05• 17'
04• 43' 2.5'
04•27• 47-'
79•2.1• 32'
•. -'?/Q,y
, a
RADIUS
945, 00'
2205,00' ·
1781. 42'
5.-00'
682, 00'
897, 03'
937. 87'
15. 00'
!,(' k,~
}-
LENGTH
127. 46'
70. 10'
620. 96'
3. 60'
36. 76'
73. 95'
73. 05' ·
EO. 51'
LINE
,2/202 O.R.
131
Coast Surveying, Inc.
Jttne 15, 2001
EXHIBIT A
THAT PORTION OF SUBDIVISION 31, RANCHO EL RIO DE SANTA CLARA
O,LA COLONIA, IN THE CITY OF OXNARD, COUNTY OF VENTURA, STATE OF
CALIFORNTA, AS PER MAP ON FILE IN THB OFFICE OF THE COUNTY CLERK OF SAID COUNTY IN AN ACTION ENTITLED "THOMAS A. SCQTT, ET AL., PLFFS. VS. RAFAEL GONZALES, ET AL. DBFTS." DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNBR·OF LOT 27, OF THE FIFTH STREET ADDITION TO OXNARD, AS PER MAP RECO.RDED IN BOOK 5, PAGE 14 ½ OF. MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF .SAID COUNTY; THENCE ALONG THE S.OtrnmRLY LINE OF SAID LOT 27 SOUTH 88°47'52" EAST 158.00 FEET TO THE SOUTHEAS'.fERLY CORNBR OF SAID LOT; .
THENCE SOUTH 27°24' 19" WEST 19.44 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIDS OF 15.00 FEET; THENCE SOUTHWBSTERL Y 20.51 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 78°21 '32" TO THE NORTHERLY LINE ·OF EAST FIFTH STREET {CAl:,IFORNIA STATE -HIGHWAY 34), SAID NORTHERLY LINB BEING A ~URVE CONCAVE SOUTHWBSTERL Y HAVING A RADIUS OF 945.00 FEET. A MPIAL TO SAID CURVE AT SAID POINT BEARS NORTH 15°45,37" EAST; THENCE NORTHWESTERLY 134.64 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08°09'48,'; THENCE NORTH 07°37'10" EAST 0.89 FEET TO THE POINT OF BEGINNTNG.
CO:NTAINlNG 2006 SQUARE FEET, MORE OR LESS.
SUBIBCT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRlCTlONS, RIGHTS OF WAY AND EASEMENTS OF RECORD, IF ANY.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF.
DATED THIS 15TH DAY OF JUNE, 2001.
GWEN-VERA DEL CASTILLO, PLS 5108
REGISTRATION EXPIRES 6/30/03
IN lOO-OSO S'L Y OF LOT l?
132
I
I
, ... •A~ ...... _ _..,_, ~•~••--•--• .. .,,_,••~--•~••• ,, •••••••~••••• "11Cillc::JtC
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...... 01_
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,, l
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(ABND).
(ENTERPRISE STREET).
18119 120121 I 22
ALLEY
cS. ------.___ _ --.................
□· BEARING
1 sa.r 241 19' w
. 2 No7•37• 10' E
3 SBB:" 47' 52" E
~
9. DISTANCE: . 19. 44~
o. 89'
158. 00'
0 DELTA
1 1a·2.1 1 32•
2 00•09, 48'
. POR SUED~ Bi
RANCHO EL Rlb
SANTA CLARA
OLoJ\IlA
RADIUS
15. 00'.
. 945, 00'
LENGTH
20. 51'
134. 641
··'·'··'·•···· .. , ,_.,,.,,.
" UJ
' -;:-:.,._ ____________
... ........_ .. ............._
-............
···•·' .,, .. ,.,~.,.•.•·1.'•'"
133
' .
EXHIBIT A
Coast Surveying, Inc.
!une 15, 200!
.ALL OF LOT 27, FIFTH STREET ADDITION TO OXNARD, IN THE CITY OF OXNARD, COUNTY OF VENTURA, STATE OF CALIFORNIA. AS PER MAP RECORDED IN BOOK 5, PAGE 14 ½ OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAlD COUNTY. . .
CONTAINING 9377 SQUARE FEET, MORE OR LESS.
SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY AND EASEMENfS·OF RBCORD,JF ANY.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PA'B.T HEREOF.
DATED TIDS 15TH DAY OF JONE, 2001.
~4W4LQ~
GWEN-VER.A DEL CASTILLO, l>l'...S 5108
REGISTRATIQN BXPlRES 6/30/03
JN IOO-OSO 20Hl4.o6
134
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,m~ ,frl
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=''' ,~ 1
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(ABNO} ·
{ENTERPRISE STREET)
ALLEY
~
22 POR SUBD .. 3i
RANCHO EL RlO
D...... SAJ\tf A CLARJ-\.
0 1LA DLDNJA
-- - - - ---~§1' t},:--,.,. - - - - ... . (S'/;--<Jt:.i!:[~ q ~ .:,.,) ------- ~
0 BEARING
1 NS6• 32' 52' \,I
2 NS3• 40' 52'·W
3 N88.46'2.7-"W
4 s10•44, se'E
s saa•47•s2'E
DISTANCE
103. 40'
103. 40'
10. 24'
117. ZO'
158. 00'
---... ... ~
:A. --~
'! . ------- ------
~ . ... .......... I
135
UNION PACIFIC RAILROAD
1400 Douglas Street Omaha, Nebraska 68179
November 21, 2011
Luly Lopez
City of Oxnard
City Orfice - Dept of Public Works
Department of Public Works
305 West Third Street
Oxnard, CA 93030
FIRST AMENDMENT TO LEASE
This First Amendment lo Lease made as of the 16th day of December 2011, by and between the City of Oxnard ("Landlord") and Union Pacific Railroad Company, a Delaware corporation ("Tenanr).
Whereas, Landlord and Tenant have executed a Lease dated February 1, 2005, with Expiration Dale of March 30, 2007 and exercised Option to Extend through March 30, 2012 by and between Landlord and Tenant and Tenant leased from Landlord the premises located al 255 and 273 East Fifth Street, Oxnard, California.
Tenant desires that Landlord amend Lease to a month to month term at a rent of$4,000 per month. Tenant will terminate lease with 60 days wrillen notice to Landlord. All terms and conditions of the Lease will remain in full force and effect during the extension term other than the new and/or revised terms as set forlh in this Lease Amendmenl.
In witness Whereof, the parties hereto have caused these presents to be executed the day and year first above written.
LANDLORD:
~~TY~ DATE 2-J 'zoiz_
TENANT:
~v QNPJroc~•.Jo o J~h fir_~ ~ DATE Q.;;i.. [2__
Cc: Gary Gillig, City Attorney
YIWW.up.com I BUlLDING AMERICA'
136
137
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.7
DATE: June 21, 2022
TO: City Council
FROM: Emilio Ramirez, Housing Director, (805) 385-8094, [email protected]
SUBJECT: Authorize the Assessment and Collection of Fees within the Oxnard Downtown Management District for Fiscal Year 2022-23.
RECOMMENDATION
That the City Council adopt a resolution authorizing the assessment and collection of fees within the Oxnard Downtown Management District (the "District") for Fiscal Year (FY) 2022-23. (This item did not originate in Committee.)
BACKGROUND
The Property and Business Improvement District Law of 1994, Part 7 of Division 18 of the California Streets and Highways Code, commencing with Section 36600 (the “Law”), authorizes cities to establish property and business improvement districts (the “PBIDs”) to promote enhanced economic revitalization and physical maintenance of these commercial districts. The Law authorizes cities to assess and collect fees on real property within such districts for the purpose of making improvements and promoting activities that specifically benefit real property within such districts.
On July 16, 2019, the Oxnard City Council re-established the Oxnard Downtown Management District (the “District”) for a five-year period (FY 2019-20 – FY 2024-25). Annually, the City Council adopts a resolution approving the assessment and collection of fees on real property within the District. The proposed fees will be used to finance various improvements and activities that support the District, such as; enhanced maintenance and security, business development, beautification and related management.
Using the formula identified in the City Council approved Oxnard Downtown Management Plan, the proposed assessment will generate $502,357.00 in revenue for the District. Based on the proposed assessment, $351,363.39 will be charged to private owners and $150,993.61 to public agencies. The proposed FY 2022-23 assessment fees were not increased from the previous year.
Although the name of the organization managing the District changed to Dowtown Oxnard Improvement Association (DOIA), the name of the District as it appears on the property tax bill continues to be Oxnard Downtown Management District.
STRATEGIC PRIORITIES
This agenda item supports Economic Development strategy. The purpose of Economic Development strategy is to focus on the retention and expansion of Oxnard businesses by increasing the skills and employability of our local workforce, invite new business investments, and target site-based redevelopment opportunities.
This agenda item supports the Quality of Life strategy. The purpose of the Quality of Life strategy is to restore and 138
increase quality services and programs that enrich Oxnard's diverse community, promotes safe neighborhoods, encourages community engagement, and supports our residents in their efforts to improve their quality of life.
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
The City will be responsible for submitting to the County of Ventura an annual assessment roll for the District for FY 2022-23. Any assessed non-City public agencies, for which the County does not bill a District assessment, will receive a handbill from the City. The District assessment revenues collected by the County and paid to the City will be remitted to the Downtown Oxnard Improvement Association, who is the corporation that manages the District, at a minimum of twice a year.
The Community Development Commission Successor Agency (“Successor Agency”) will be responsible for the assessments of properties owned by the former Redevelopment Agency/Community Development Commission (“CDC”), and the City will be responsible for properties owned by the City, Housing Authority, and Parking Authority. The Successor Agency’s 2022-23 PBID Assessment is approximately $5,070.35 and is an approved item on the 2022-23 Annual Recognized Obligation Payment Schedule (“ROPS”). The City’s 2022-23 PBID Assessment is approximately $145,923.26. The Recommended FY 2022-23 Budget will include $145,923.26 in account 101-8210-801.85-28 for the City’s share of these assessments.
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Emilio Ramirez, Housing Director
ATTACHMENTS
1. ODMD Assessment Resolution
2. 2022-23FY Assessment Roll
3. 2022 ODMD Assessment Map
139
RESOLUTION NO. __________
A RESOLUTION OF THE CITY OF OXNARD APPROVING THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2022-23 WITHIN THE OXNARD
DOWNTOWN MANAGEMENT DISTRICT, PURSUANT TO THE PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994, PART 7 OF DIVISION 18 OF THE
CALIFORNIA STREETS AND HIGHWAYS CODE
WHEREAS, the Property and Business Improvement District Law of 1994, Part 7 Of Division 18 of the California Streets and Highways Code, commencing with Section 36600 (the “Law”), authorizes cities to establish property and business improvement Districts “PBIDS”) within business districts to promote the economic revitalization and Physical maintenance of such districts; and
WHEREAS, the Law authorizes cities to levy and collect assessments on real Property within such districts for the purpose of providing improvements and promoting Activities that specially benefit real property within such districts; and WHEREAS, on July 16, 2019, the Oxnard City Council re-established for a five-year period the property and business improvement district named the Oxnard Downtown Management District (the “District”); and
WHEREAS, it is necessary for the City Council to adopt a resolution to levy and Collect assessments in the District for each of the five years.
NOW, THEREFORE, the City Council of the City of Oxnard resolves:
Section 1. The levy and collection of assessments against lots and parcels of real Property within the District for fiscal year 2022-23 is ordered as shown on Exhibit “A,” attached hereto and incorporated herein by reference.
Section 2. The proposed improvements and activities for the District include providing street, sidewalk, alley and parking lot cleaning and other municipal services supplemental to those normally provided by the City; a public safety/ambassador guide program; promotions and marketing; expansion of thematic physical amenities throughout Downtown and other improvements and activities which benefit businesses and real Property located in the District.
Section 3. The assessment to be levied and collected for fiscal year 2022-23 is $502,357.00 which reflects a rate increase of 0 (zero) percent over the previous fiscal year. Of the total Assessments to be levied, $351,363.39 is to be charged to private owners and $150,993.61 to public agencies. In accordance with the Management District Plan, the amount to be levied and collected for each fiscal year may be increased by an amount not to exceed two percent per year.
There is no increase in the assessment for the fiscal year 2022-23.
Section 4. The City of Oxnard Chief Financial Officer is hereby authorized to Request County of Ventura to collect assessments for the District for Fiscal Year 2022-23. 140
Section 5. The City Clerk is hereby authorized and directed to transmit a certified copy of the Resolution and the Report to the Ventura County Auditor, as may be required to place said assessment on the secured property tax roll for the Fiscal Year 2022-23.
PASSED AND ADOPTED this ______ day of June, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
John C. Zaragoza, Chairperson
ATTEST: APPROVED AS TO FORM:
Rose Chaparro, City Clerk Stephen Fischer, City Attorney 141
EXIBIT A
OXNARD DOWNTOWN MANAGEMENT DISTRICT
2022-23 ASSESSMENT ROLL
APN 2022-23
ASSMT
2010113110 $3,894.03
2010160010 $690.00
2010160020 $653.49
2010160030 $1,840.50
2010160040 $490.89
2010160050 $909.00
2010160060 $459.00
2010160070 $774.00
2010160080 $715.50
2010160090 $690.75
2010160100 $780.00
2010160110 $963.90
2010160120 $810.00
2010160130 $1,332.00
2010160170 $1,572.75
2010160180 $1,782.83
2010160190 $1,019.94
2010160200 $1,985.10
2010160220 $1,147.14
2010160250 $1,152.75
2010160260 $2,225.78
2010211010 $2,000.25
2010211040 $488.01
2010211110 $893.25
2010211120 $756.90
2010211130 $573.45
2010211140 $573.45
2010211155 $573.45
2010211170 $1,902.27
2010211180 $1,391.40
2010211190 $1,616.82
2010211200 $1,653.75
2010211210 $1,655.10
2010211225 $458.82
2010211230 $683.82
2010211300 $586.05
2010211360 $1,174.07
2010211380 $1,380.00
2010212010 $1,582.76
2010212020 $1,366.44
2010212030 $1,359.69
2010212060 $1,292.19
2010212070 $1,450.13
2010212140 $1,344.15
2010212150 $3,066.90
2010212165 $1,665.38
2010212170 $1,709.25
2010212180 $1,012.50
2010212190 $1,042.50
2010212200 $768.75
2010212230 $1,224.69
2010212260 $1,862.27
2010212270 $1,464.00
2010213010 $1,218.95
2010213020 $739.83
2010213030 $916.68
2010213075 $571.08
2010213080 $1,232.04
2010213090 $1,299.66
2010213100 $670.68
2010213110 $244.00
2010213120 $61.00
2010213130 $1,131.00
2010213140 $591.17
2010213150 $555.02
2010213160 $2,578.43
2010214010 $828.00
2010214020 $3,229.59
2010214030 $2,263.80
2010214040 $2,840.36
2010271030 $670.68
2010271040 $633.75
2010271060 $690.00
2010271070 $891.75
2010271080 $1,254.00
2010271090 $615.00
2010271100 $840.00
2010271110 $840.00
2010271160 $244.00
2010271170 $1,434.93
2010271180 $2,899.20
2010272010 $1,157.69
2010272020 $630.00
2010272030 $630.00
2010272040 $61.00
2010272050 $870.00
2010272060 $1,762.50
2010272070 $825.00
2010272080 $825.00
2010272090 $1,042.50
2010272100 $1,702.50
2010272110 $972.95
2010272120 $1,334.36
2010272140 $615.00
2010272150 $1,767.00
2010272160 $827.63
2010272170 $840.00
2010272180 $1,458.75
2010272190 $61.00
2010272200 $577.50
2010272210 $465.00
2010272220 $1,239.00
2010272230 $1,796.43
2010360110 $1,717.26
2020081010 $1,455.00
2020081020 $825.00
2020081100 $1,233.00
2020081160 $825.00
2020081170 $1,455.00
2020081180 $840.00
2020081190 $840.00
2020081200 $840.00
2020081210 $840.00
2020081220 $840.00
2020081230 $1,470.00
2020081240 $627.00
2020081250 $840.00
2020081260 $840.00
2020081270 $840.00
2020081280 $840.00
2020081290 $840.00
2020083030 $1,354.20
2020083040 $61.00
2020083050 $1,636.10
2020083060 $1,178.58
2020083070 $1,407.42
2020083210 $2,335.26
2020083220 $900.00
2020085030 $826.88
2020085040 $886.97
2020085050 $3,609.39
2020085190 $828.75
2020085200 $2,004.00
2020091100 $825.00
2020091370 $1,890.00
2020091380 $1,043.10
2020091390 $12,241.17
2020091400 $3,830.76
2020092030 $474.00
2020092040 $741.00
2020092050 $1,271.18
2020092060 $1,296.69
2020092070 $2,400.00
2020092120 $825.00
2020092130 $1,338.81
2020092140 $2,265.00
2020092170 $6,234.63
2020092180 $2,137.50
2020092190 $2,969.09
2020094010 $2,051.10
2020094020 $1,202.40
2020094035 $2,598.00
2020094040 $2,058.00
142
EXHIBIT A
OXNARD DOWNTOWN MANAGEMENT DISTRICT
2022-23 ASSESSMENT ROLL
2020094050 $1,251.00
2020094060 $1,494.00
2020094080 $2,032.47
2020094140 $1,347.00
2020094155 $408.00
2020094160 $408.00
2020094170 $807.00
2020094185 $774.00
2020094195 $1,506.00
2020094205 $426.00
2020094215 $1,854.00
2020094225 $426.00
2020094235 $1,224.00
2020094240 $1,668.93
2020095075 $825.00
2020095085 $825.00
2020095090 $1,446.00
2020095100 $1,331.25
2020095110 $825.00
2020095120 $4,348.32
2020095140 $2,730.75
2020095150 $1,653.75
2020095160 $1,653.75
2020096035 $1,537.50
2020096040 $0.00
2020096050 $1,720.50
2020096060 $1,375.20
2020096070 $1,500.00
2020096080 $3,201.93
2020096095 $1,038.00
2020096105 $2,624.93
2020096110 $1,336.35
2020096125 $770.70
2020101130 $1,665.00
2020101190 $697.65
2020101205 $543.00
2020101215 $1,902.00
2020101225 $402.75
2020101235 $572.25
2020101255 $489.75
2020101270 $404.25
2020101290 $442.50
2020101310 $404.25
2020101330 $404.25
2020101355 $404.25
2020101360 $399.36
2020101370 $413.25
2020101405 $448.65
2020101415 $3,930.96
2020101420 $1,339.32
2020101435 $415.50
2020101445 $2,267.04
2020102010 $5,112.69
2020103025 $780.00
2020103090 $780.00
2020103100 $2,224.65
2020103115 $491.25
2020103120 $2,003.21
2020103130 $855.00
2020103145 $765.00
2020103175 $397.88
2020103185 $578.36
2020103195 $2,251.92
2020103205 $655.20
2020103210 $1,182.00
2020103225 $415.50
2020103235 $508.50
2020103245 $2,484.75
2020104015 $3,810.00
2020104165 $2,774.15
2020104395 $8,831.93
2020104405 $1,178.61
2020104415 $2,421.27
2020104425 $2,078.49
2020104435 $3,455.19
2020105100 $7,185.00
2020105120 $607.50
2020105170 $498.00
2020105180 $2,217.24
2020105195 $399.00
2020105205 $598.50
2020105210 $399.00
2020105220 $598.50
2020105235 $417.00
2020105245 $1,015.50
2020105260 $480.00
2020105275 $0.00
2020105295 $2,795.25
2020105305 $649.50
2020105325 $2,652.60
2020105335 $2,331.57
2020106015 $1,285.50
2020106035 $592.50
2020106065 $817.50
2020106120 $1,042.88
2020106130 $1,724.10
2020106140 $3,772.17
2020106245 $651.00
2020106250 $883.50
2020106265 $473.70
2020106275 $702.09
2020106285 $426.00
2020106295 $678.00
2020106310 $445.65
2020106320 $558.54
2020106355 $2,041.50
2020106370 $1,046.25
2020106380 $1,046.37
2020106390 $1,029.53
2020106400 $2,167.92
2020106410 $2,568.81
2020107050 $589.35
2020107060 $603.75
2020107070 $603.75
2020107080 $2,362.13
2020107100 $999.75
2020107110 $2,161.88
2020107120 $592.50
2020107135 $1,335.00
2020107160 $1,278.00
2020107170 $1,514.85
2020107195 $561.00
2020107205 $432.00
2020107215 $430.50
2020107225 $547.95
2020107235 $3,085.50
2020107240 $3,159.00
2020107250 $1,608.60
2020131030 $877.50
2020131040 $1,713.30
2020131050 $1,818.75
2020131060 $1,670.79
2020131070 $2,002.85
2020131170 $1,208.25
2020131190 $397.35
2020131220 $630.00
2020131230 $1,359.00
2020133010 $1,455.00
2020133020 $993.75
2020133030 $825.00
2020133040 $825.00
2020133050 $61.00
2020133060 $825.00
2020133210 $3,450.87
2020135025 $1,342.00
2020135035 $6,240.00
2020141050 $0.00
2020141060 $1,012.50
2020141070 $607.50
2020141080 $1,176.00
2020141090 $1,176.00
2020141100 $61.00
2020141110 $1,890.00
2020141155 $61.00
2020141165 $61.00
2020141175 $61.00
143
EXHIBIT A
OXNARD DOWNTOWN MANAGEMENT DISTRICT
2022-23 ASSESSMENT ROLL
2020141185 $61.00
2020141195 $61.00
2020141205 $61.00
2020141215 $61.00
2020141225 $61.00
2020141235 $61.00
2020141245 $61.00
2020141255 $61.00
2020141265 $61.00
2020141275 $61.00
2020141285 $61.00
2020141295 $61.00
2020141305 $61.00
2020141315 $61.00
2020141325 $61.00
2020141335 $61.00
2020141345 $61.00
2020141355 $61.00
2020141365 $61.00
2020141375 $61.00
2020141385 $61.00
2020141395 $61.00
2020141405 $61.00
2020141415 $61.00
2020141425 $61.00
2020142160 $6,405.00
2020143015 $3,310.20
2020143025 $1,494.20
2020143030 $995.10
2020143040 $860.63
2020143050 $607.50
2020143140 $3,861.60
2020143230 $1,867.50
2020143240 $1,656.06
2020143250 $1,235.69
2020144170 $932.41
2020144180 $1,088.74
2020144190 $1,147.27
2020144200 $1,003.30
2020144210 $1,058.54
2020144220 $549.51
2020144230 $1,746.58
2020144240 $549.18
2020144250 $1,269.09
2020144260 $929.14
2020144270 $1,029.18
2020144280 $934.30
2020144290 $836.34
2020144300 $962.09
2020145010 $3,400.50
2020145030 $1,197.35
2020145050 $1,760.61
2020145060 $1,156.58
2020145100 $0.00
2020145110 $1,635.00
2020145120 $825.00
2020145130 $1,527.00
2020145140 $1,455.00
2020145190 $825.00
2020145200 $795.00
2020145210 $694.65
2020145220 $4,676.54
2020145230 $1,174.62
2020145240 $1,301.25
2020146010 $1,897.50
2020146020 $1,098.75
2020146030 $1,031.25
2020146040 $727.50
2020146050 $930.00
2020146070 $1,309.76
2020146080 $761.25
2020146090 $592.50
2020146100 $997.50
2020146110 $592.50
2020146120 $592.50
2020146130 $862.50
2020146140 $2,693.48
2020146150 $1,400.93
2020146180 $2,235.57
2020146190 $592.50
2020146200 $592.50
2020146210 $592.50
2020146220 $4,793.28
2020380015 $61.00
2020380025 $61.00
2020380035 $61.00
2020380045 $61.00
2020380055 $61.00
2020380065 $61.00
2020380075 $61.00
2020380085 $61.00
2020380095 $61.00
2020380105 $61.00
2020380115 $61.00
2020380125 $61.00
144
M
ETA
ST
S D ST
S
D
ST
W THIRD ST
W FOURTH ST
W SECOND ST
W FIFTH ST E FIFTH ST
E FOURTH ST
W SIXTH ST
W SEVENTH ST E SEVENTH ST
EIGHTH ST
S “A” ST S OXNARD BLVD
S
“B” ST
S OXNARD BLVD
S
“B” ST
S
“B” ST
S
“A” ST
S
“C” ST
S
“C” ST
S
“C” ST
E SIXTH ST
LIBRARY
HERITAGE
SQUARE
POST
OFFICE
CAM
P
P
P
P
P
P
P
P P
P
P
P
P
P
PS
OFD
SRVC
CTR
CITY
ADMIN
OPD
REC
COUNCIL
CENTENNIAL
PLAZA
OXNARD
TRANSIT
CENTER
P
PLAZA
PARK
GULL
WINGS
MAP NOT TO SCALE
ODMD
BOUNDARY P PS
PUBLIC
PARKING
LOTS
PARKING
STRUCTURE
OXNARD DOWNTOWN MANAGEMENT DISTRICT
145
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.8
DATE: June 21, 2022
TO: Housing Authority
FROM: Emilio Ramirez, Housing Director, (805) 385-8094, [email protected]
SUBJECT: Housing Authority Low Rent Public Housing and Housing Choice Voucher Program Budgets for Fiscal Year 2022-23.
RECOMMENDATION
That the Board of Commissioners of the Housing Authority of the City of Oxnard:
1. Adopt a resolution approving the recommended $6,872,555 operating budget for the Low Rent Public Housing Program for Fiscal Year 22-23, as presented for each project area, and approve and authorize the use of $575,652 of unrestricted cash to fund the projected deficit; and
2. Adopt a resolution approving the recommended $25,112,313 operating budget for the Housing Choice Voucher Program for Fiscal Year 22-23 and approve and authorize the use of $285,349 of unrestricted cash to fund the projected deficit.
(The Finance and Governance Committee approved 2-0 on May 24, 2022)
BACKGROUND
The Department of Housing and Urban Development requires that project-based budgets be approved by the Board prior to the start of the fiscal year. The Low Rent Public Housing Program project-based budget pertains exclusively to the 520 public housing units that are owned and operated by the Housing Authority of the City of Oxnard. The recommended operating budget for all public housing projects is $6,872,555. Of this amount, $1,240,124 consists of indirect administrative costs which HUD categorizes as the Central Office Cost Center. The operating budgets, if adopted as recommended, would result in a deficit of $256,503 for the Central Office Cost Center, and the combined project sites have a deficit of $319,149 totaling $575,652.
The Low Rent Public Housing Program is funded primarily with two sources of income: tenant rental income and operating subsidy HUD. The amount of operating subsidy received is based upon a HUD determined formula, which considers the estimated costs to run each Public Housing development and reduces that by the amount of tenant rental income received by each development. The Central Office Cost Center operates on HUD's determined fee revenue generated from public housing including a management fee, a bookkeeping fee, and an asset management fee.
The Housing Choice Voucher budget pertains exclusively to the 1,890 Housing Choice Vouchers administered by the Housing Authority of the City of Oxnard. The recommended operating budget of $25,112,313 consists of two parts including the housing assistance payments to property owners to subsidize rent and the administrative fees used to operate the administration of the Housing Choice Voucher program. The housing assistance payment portion of the program is anticipated to be approximately $22,313,056 for rental subsidies passed directly through the Housing Authority of the City of Oxnard from HUD to the private landlords in the community. The administrative operations are 146
estimated to be $2,799,257 which will result in a deficit of $285,349.
STRATEGIC PRIORITIES
This agenda item supports the Quality of Life strategy. The purpose of the Quality of Life strategy is to restore and increase quality services and programs that enrich Oxnard's diverse community, promotes safe neighborhoods, encourages community engagement, and supports our residents in their efforts to improve their quality of life.
FINANCIAL IMPACT
As of April 30, 2022, the Housing Authority of the City of Oxnard’s Central Office Cost Center Unrestricted Cash and Investments are approximately $1,200,000 or 97% of annual indirect administrative operating costs. It is anticipated that the Housing Authority of the City of Oxnard will require the use of approximately $256,503 in Central Office Cost Center cash reserves in Fiscal Year 22-23. This will leave a balance of $943,497 in the Central Office Cost Center Unrestricted Cash and Investments funds. This amount represents 76% of the Public Housing Program’s annual operating indirect administrative costs.
As of April 30, 2022, the public housing projects had in excess of $9 million in Unrestricted Cash and Investments. It is anticipated that the public housing projects will require the use of $319,149 of cash reserves. These funds are restricted in the sense that they cannot be used to fund deficits of the Central Office Cost Center, nor can they be used to fund the Housing Choice Voucher program’s deficit.
As of April 30, 2022, the Housing Choice Voucher Program’s Unrestricted Cash and Investments are $1,500,000 or 56% of annual operating costs. It is anticipated that the Oxnard Housing Authority will require the use of approximately $285,349 of these funds in Fiscal Year 22-23. This will leave a balance of $1,214,651 which represents 43% of the annual operating costs.
COMMITTEE OUTCOME
The Finance and Governance Committee approved 2-0 on May 24, 2022 to approve the staff recommendation and to forward the item for Council approval.
Prepared by: Emilio Ramirez, Housing Director
ATTACHMENTS
1. Low Rent Public Housing Budget
2. Low Rent Public Housing FY 2023 Budget Resolution
3. Section 8 Housing Choice Voucher Budget
4. Section 8 FY 2023 Budget Resolution
5. HUD Form 52574
6. OHA FY 2022-23 Budget Presentation
147
5/18/2022 12:06 PM
311 312 313 314 315 317 318 cocc Total
Budget Budget Budget Budget Budget Budget Budget Budget Budget Revenue & Expenses
INCOME
TENANT INCOME
Rental Income
Tenant Rent 0.00 1,201,320.00 818,508.00 963,624.00 208,008.00 1,127,288.00 414,432.00 0.00 4,733,180.00 Total Rental Income 0.00 1,201,320.00 818,508.00 963,624.00 208,008.00 1,127,288.00 414,432.00 0.00 4,733,180.00 Other Tenant Income
Laundry and Vending 0.00 0.00 0.00 0.00 1,747.00 0.00 5,870.00 0.00 7,617.00 Maintenance Charge 0.00 1,442.00 298.00 4,547.00 629.00 1,872.00 2,351.00 0.00 11,139.00 Cable Charges 0.00 13,356.00 9,349.00 13,356.00 6,678.00 13,356.00 13,356.00 0.00 69,451.00 Total Other Tenant Income 0.00 14,798.00 9,647.00 17,903.00 9,054.00 15,228.00 21,577.00 0.00 88,207.00 NET TENANT INCOME 0.00 1,216,118.00 828,155.00 981,527.00 217,062.00 1,142,516.00 436,009.00 0.00 4,821,387.00
GRANT INCOME
HUD PHA Operating Grants/Subsidy 2,120.00 1,471.00 1,030.00 1,472.00 160,175.00 1,473.00 256,248.00 0.00 423,989.00 TOTAL GRANT INCOME 2,120.00 1,471.00 1,030.00 1,472.00 160,175.00 1,473.00 256,248.00 0.00 423,989.00
OTHER INCOME
Investment Income-Unrestricted 1,088.00 5,286.00 4,443.00 5,141.00 1,832.00 4,094.00 3,439.00 6,462.00 31,785.00 Investment Income-Restricted 0.00 0.00 0.00 0.00 0.00 4,144.00 0.00 0.00 4,144.00 Management Fee Income 0.00 0.00 0.00 0.00 0.00 0.00 0.00 766,032.00 766,032.00 Asset Mgmt Fee Income 0.00 0.00 0.00 0.00 0.00 0.00 0.00 62,400.00 62,400.00 Bookkeeping Fee Income 0.00 0.00 0.00 0.00 0.00 0.00 0.00 45,866.00 45,866.00 IT Fees 0.00 0.00 0.00 0.00 0.00 0.00 0.00 23,303.00 23,303.00 FFS income - outside party 0.00 0.00 0.00 0.00 0.00 0.00 0.00 18,651.00 18,651.00 IT Fees - outside party 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4,800.00 4,800.00 Non-Dwelling Rental Income 7,000.00 0.00 0.00 30,836.00 0.00 0.00 0.00 56,070.00 93,906.00 Misc Other Income 0.00 217.00 140.00 94.00 42.00 37.00 73.00 37.00 640.00 TOTAL OTHER INCOME 8,088.00 5,503.00 4,583.00 36,071.00 1,874.00 8,275.00 3,512.00 983,621.00 1,051,527.00 TOTAL INCOME 10,208.00 1,223,092.00 833,768.00 1,019,070.00 379,111.00 1,152,264.00 695,769.00 983,621.00 6,296,903.00
EXPENSES
ADMINISTRATIVE
Administrative Salaries
Administrative Salaries 0.00 111,288.00 79,187.00 113,060.00 52,955.00 114,445.00 99,978.00 651,434.00 1,222,347.00
OXNARD HOUSING AUTHORITY
LOW RENT PUBLIC HOUSING
Proposed FY 2023 Budget
148
5/18/2022 12:06 PM
311 312 313 314 315 317 318 cocc Total
Budget Budget Budget Budget Budget Budget Budget Budget Budget
OXNARD HOUSING AUTHORITY
LOW RENT PUBLIC HOUSING
Proposed FY 2023 Budget
Administrative Temp Help 0.00 0.00 0.00 0.00 15,600.00 0.00 31,200.00 0.00 46,800.00 Add'l Compensation - OT 0.00 2,379.00 241.00 456.00 183.00 522.00 227.00 0.00 4,008.00 Employee Benefit Contribution-Admin 0.00 77,765.00 58,114.00 78,645.00 36,857.00 99,074.00 64,759.00 371,445.00 786,659.00 Total Administrative Salaries 0.00 191,432.00 137,542.00 192,161.00 105,595.00 214,041.00 196,164.00 1,022,879.00 2,059,814.00 Legal Expense
Court Costs 0.00 0.00 0.00 0.00 164.00 0.00 98.00 0.00 262.00 Criminal Background Checks 0.00 116.00 46.00 89.00 116.00 66.00 232.00 0.00 665.00 Tenant Screening 0.00 503.00 600.00 1,273.00 76.00 1,177.00 171.00 0.00 3,800.00 Total Legal Expense 0.00 619.00 646.00 1,362.00 356.00 1,243.00 501.00 0.00 4,727.00 Other Admin Expenses
Staff Training 0.00 204.00 145.00 65.00 8.00 104.00 116.00 360.00 1,002.00 Auditing Fees 0.00 2,515.00 1,761.00 2,515.00 1,258.00 2,518.00 2,515.00 431.00 13,513.00 Management Fee 0.00 114,190.00 79,933.00 114,190.00 57,095.00 114,191.00 114,190.00 0.00 593,789.00 Asset Management Fees 0.00 12,000.00 8,400.00 12,000.00 6,000.00 12,000.00 12,000.00 0.00 62,400.00 Bookkeeping Fees 0.00 8,820.00 6,174.00 8,820.00 4,410.00 8,822.00 8,820.00 0.00 45,866.00 Professional Services 0.00 0.00 0.00 0.00 0.00 1,013.00 0.00 0.00 1,013.00 Total Other Admin Expenses 0.00 137,729.00 96,413.00 137,590.00 68,771.00 138,648.00 137,641.00 791.00 717,583.00 Miscellaneous Admin Expenses
Membership and Fees 0.00 80.00 56.00 80.00 40.00 82.00 80.00 1,148.00 1,566.00 Publications 0.00 67.00 47.00 67.00 33.00 72.00 67.00 0.00 353.00 Advertising 0.00 389.00 272.00 389.00 194.00 392.00 389.00 183.00 2,208.00 Office Supplies 0.00 249.00 175.00 224.00 94.00 225.00 209.00 702.00 1,878.00 Fuel-Administrative 0.00 112.00 92.00 127.00 93.00 273.00 163.00 1,103.00 1,963.00 City Overhead 753.00 7,625.00 7,090.00 13,265.00 4,989.00 14,665.00 6,954.00 27,504.00 82,845.00 Telephone 0.00 1,813.00 1,269.00 1,634.00 4,311.00 1,441.00 4,725.00 4,086.00 19,279.00 Postage 0.00 717.00 390.00 774.00 195.00 731.00 302.00 1,388.00 4,497.00 Paper 0.00 234.00 141.00 154.00 66.00 170.00 133.00 1,397.00 2,295.00 Copiers 0.00 1,578.00 1,102.00 1,575.00 683.00 1,560.00 1,371.00 1,708.00 9,577.00 Printer Supplies/Services 0.00 561.00 376.00 490.00 436.00 476.00 616.00 1,083.00 4,038.00 Misc Computer Equipment 0.00 1,634.00 1,158.00 224.00 26.00 681.00 192.00 3,065.00 6,980.00 Internet 0.00 966.00 676.00 1,044.00 1,478.00 1,000.00 1,478.00 2,701.00 9,343.00 Software/Maintenance Fees 0.00 4,956.00 3,469.00 5,390.00 2,695.00 5,400.00 5,406.00 9,074.00 36,390.00 Cell Phones/Pagers 20.00 401.00 367.00 903.00 335.00 837.00 509.00 2,887.00 6,259.00 Small Office Equipment 0.00 47.00 33.00 56.00 21.00 58.00 42.00 45.00 302.00 Bank Fees 0.00 0.00 0.00 0.00 0.00 0.00 0.00 12,615.00 12,615.00 Cable Charges 0.00 13,356.00 9,349.00 13,356.00 6,678.00 13,356.00 13,356.00 0.00 69,451.00 Other Misc Admin Expenses 0.00 84.00 59.00 88.00 33.00 94.00 47.00 429.00 834.00 Storage 209.00 104.00 73.00 248.00 38.00 179.00 49.00 437.00 1,337.00 Total Miscellaneous Admin Expenses 982.00 34,973.00 26,194.00 40,088.00 22,438.00 41,692.00 36,088.00 71,555.00 274,010.00
149
5/18/2022 12:06 PM
311 312 313 314 315 317 318 cocc Total
Budget Budget Budget Budget Budget Budget Budget Budget Budget
OXNARD HOUSING AUTHORITY
LOW RENT PUBLIC HOUSING
Proposed FY 2023 Budget
TOTAL ADMINISTRATIVE EXPENSES 982.00 364,753.00 260,795.00 371,201.00 197,160.00 395,624.00 370,394.00 1,095,225.00 3,056,134.00
TENANT SERVICES
Resident Council 0.00 1,411.00 955.00 1,368.00 712.00 1,240.00 1,397.00 0.00 7,083.00 Other Tenant Svcs.-OHA 0.00 940.00 637.00 912.00 475.00 825.00 931.00 0.00 4,720.00 Tenant Services Contract Costs 0.00 713.00 501.00 3,600.00 2,400.00 3,000.00 2,400.00 0.00 12,614.00 TOTAL TENANT SERVICES EXPENSES 0.00 3,064.00 2,093.00 5,880.00 3,587.00 5,065.00 4,728.00 0.00 24,417.00
UTILITIES
Water 0.00 60,332.00 54,593.00 62,017.00 11,763.00 62,372.00 22,128.00 2,765.00 275,970.00 Electricity 4,206.00 9,110.00 9,884.00 19,523.00 49,593.00 17,960.00 71,855.00 21,732.00 203,863.00 Electricity-Vacant Units 0.00 139.00 331.00 2,454.00 0.00 744.00 0.00 0.00 3,668.00 Gas 0.00 1,006.00 705.00 1,236.00 14,856.00 1,181.00 34,487.00 751.00 54,222.00 Gas-Vacant Units 0.00 136.00 197.00 349.00 0.00 684.00 0.00 0.00 1,366.00 Garbage/Trash Removal 0.00 37,749.00 45,843.00 48,636.00 5,629.00 54,457.00 9,150.00 2,366.00 203,830.00 Dump Expense 116.00 1,103.00 1,177.00 1,495.00 99.00 1,431.00 285.00 27.00 5,733.00 Sewer 0.00 51,718.00 39,765.00 45,807.00 11,705.00 46,324.00 24,311.00 1,073.00 220,703.00 TOTAL UTILITY EXPENSES 4,322.00 161,293.00 152,495.00 181,517.00 93,645.00 185,153.00 162,216.00 28,714.00 969,355.00
MAINTENANCE AND OPERATIONS
General Maint Expense
Maintenance Salaries 0.00 44,568.00 38,604.00 93,822.00 28,652.00 80,950.00 57,304.00 4,608.00 348,508.00 Maintenance Labor-Grounds 14,004.00 21,777.00 31,035.00 64,574.00 18,495.00 65,106.00 28,376.00 17,743.00 261,110.00 Maint-On Call Service 0.00 2,284.00 1,598.00 2,284.00 1,141.00 2,497.00 2,075.00 0.00 11,879.00 Maintenance - Temporary Labor 2,502.00 13,163.00 5,117.00 9,694.00 19,147.00 4,492.00 16,602.00 732.00 71,449.00 Maintenance OT 0.00 8,401.00 3,869.00 5,564.00 5,598.00 8,598.00 10,571.00 1,885.00 44,486.00 Employee Benefits Contribution-Maint. 8,520.00 48,145.00 49,563.00 110,859.00 32,836.00 119,111.00 60,662.00 16,909.00 446,605.00 Maintenance Uniforms 118.00 400.00 300.00 500.00 325.00 500.00 510.00 450.00 3,103.00 Vehicle Gas, Oil, Grease 92.00 2,367.00 2,452.00 4,502.00 300.00 6,923.00 2,697.00 7,281.00 26,614.00 Total General Maint Expense 25,236.00 141,105.00 132,538.00 291,799.00 106,494.00 288,177.00 178,797.00 49,608.00 1,213,754.00 Materials
Supplies-Paint 0.00 2,072.00 1,139.00 2,451.00 1,632.00 2,533.00 2,599.00 155.00 12,581.00 Supplies-Grounds 0.00 216.00 175.00 1,203.00 209.00 341.00 1,513.00 110.00 3,767.00 Supplies-Appliance 0.00 14,239.00 11,669.00 12,895.00 7,509.00 7,459.00 11,070.00 0.00 64,841.00 Supplies-Plumbing 0.00 7,519.00 8,550.00 22,946.00 5,058.00 7,326.00 14,725.00 33.00 66,157.00 Supplies-Electrical 0.00 6,577.00 5,888.00 14,345.00 3,144.00 6,809.00 9,801.00 960.00 47,524.00 Supplies-Building Repairs 0.00 3,187.00 2,097.00 6,353.00 1,944.00 4,606.00 11,840.00 39.00 30,066.00 Supplies-Windows 0.00 1,423.00 376.00 3,673.00 1,270.00 47.00 177.00 0.00 6,966.00 Supplies-Locks 0.00 370.00 273.00 1,618.00 993.00 524.00 1,086.00 1,087.00 5,951.00
150
5/18/2022 12:06 PM
311 312 313 314 315 317 318 cocc Total
Budget Budget Budget Budget Budget Budget Budget Budget Budget
OXNARD HOUSING AUTHORITY
LOW RENT PUBLIC HOUSING
Proposed FY 2023 Budget
Supplies-Janitorial/Cleaning 0.00 532.00 382.00 1,472.00 220.00 588.00 1,739.00 1,097.00 6,030.00 Supplies-Safety 50.00 1,680.00 908.00 1,830.00 483.00 921.00 1,202.00 582.00 7,656.00 Tools and Equipment 30.00 694.00 490.00 1,365.00 437.00 553.00 1,344.00 0.00 4,913.00 Grounds Tools and Equipment 0.00 129.00 126.00 282.00 41.00 1,449.00 139.00 10.00 2,176.00 COVID 19 0.00 739.00 535.00 365.00 635.00 206.00 827.00 213.00 3,520.00 Total Materials 80.00 39,377.00 32,608.00 70,798.00 23,575.00 33,362.00 58,062.00 4,286.00 262,148.00 Contract Costs
Contract-Fire Alarm/Extinguisher 12.00 1,772.00 1,676.00 4,724.00 6,117.00 3,072.00 7,062.00 1,054.00 25,489.00 Contract-Building Repairs-Misc 0.00 1,100.00 3,800.00 7,596.00 0.00 5,307.00 0.00 0.00 17,803.00 Contract-Unit Turnaround 0.00 1,000.00 333.00 1,440.00 0.00 801.00 933.00 0.00 4,507.00 Contract-Painting 0.00 187,000.00 130,530.00 0.00 0.00 0.00 0.00 0.00 317,530.00 Contract-Electrical 0.00 0.00 0.00 440.00 2,119.00 0.00 0.00 0.00 2,559.00 Contract-Pest Control 0.00 1,593.00 2,243.00 1,552.00 6,818.00 3,478.00 17,380.00 0.00 33,064.00 Contract-Floor Covering 0.00 0.00 0.00 20,247.00 5,320.00 0.00 5,320.00 0.00 30,887.00 Contract-Grounds 0.00 767.00 0.00 0.00 0.00 0.00 333.00 0.00 1,100.00 Contract-Janitorial/Cleaning 0.00 3,725.00 2,524.00 10,507.00 9,821.00 3,192.00 10,273.00 9,700.00 49,742.00 Contract-Plumbing 0.00 2,245.00 629.00 2,631.00 4,574.00 4,957.00 6,183.00 0.00 21,219.00 Contract-HVAC 11.00 791.00 538.00 1,310.00 2,853.00 4,923.00 8,440.00 8,140.00 27,006.00 Contract-Vehicle Maintenance 90.00 1,595.00 1,384.00 3,069.00 764.00 2,574.00 937.00 4,103.00 14,516.00 Contract-Equipment Rental 0.00 0.00 16.00 16.00 0.00 17.00 39.00 0.00 88.00 Contract-Equipment Repair 0.00 1,378.00 965.00 572.00 533.00 534.00 455.00 87.00 4,524.00 Contract-Elevator Maintenance 0.00 0.00 0.00 0.00 16,441.00 0.00 5,282.00 2,004.00 23,727.00 Contract-Alarm Monitoring 229.00 1,733.00 1,213.00 2,456.00 881.00 1,523.00 1,609.00 1,349.00 10,993.00 Contract-Tree Trimming 0.00 1,268.00 1,490.00 9,082.00 0.00 2,501.00 0.00 3,333.00 17,674.00 Contract-IT Contracts 38.00 2,677.00 2,221.00 3,751.00 3,626.00 3,905.00 7,085.00 0.00 23,303.00 Contract Costs-Other 0.00 1,908.00 1,335.00 1,908.00 953.00 1,912.00 1,908.00 0.00 9,924.00 Total Contract Costs 380.00 210,552.00 150,897.00 71,301.00 60,820.00 38,696.00 73,239.00 29,770.00 635,655.00 TOTAL MAINTENANCE EXPENSE 25,696.00 391,034.00 316,043.00 433,898.00 190,889.00 360,235.00 310,098.00 83,664.00 2,111,557.00
GENERAL EXPENSES
WC Insurance 1,025.00 5,195.00 5,339.00 11,937.00 3,631.00 11,050.00 6,606.00 14,666.00 59,449.00 Auto Insurance 1,301.00 6,911.00 6,027.00 12,444.00 5,586.00 10,838.00 8,664.00 12,594.00 64,365.00 Property Insurance 0.00 41,034.00 37,646.00 48,589.00 28,115.00 44,566.00 50,360.00 3,249.00 253,559.00 General Liability Insurance 1,364.00 4,950.00 3,471.00 5,905.00 1,816.00 4,895.00 3,583.00 581.00 26,565.00 Fidelity Insurance 0.00 215.00 150.00 215.00 107.00 216.00 215.00 61.00 1,179.00 City-Umbrella Policy 1,146.00 4,158.00 2,916.00 4,960.00 1,526.00 4,110.00 3,010.00 488.00 22,314.00 Broker Fees 187.00 2,859.00 2,542.00 3,615.00 1,919.00 3,261.00 3,383.00 882.00 18,648.00 Cyber Liability Insurance 832.00 349.00 246.00 443.00 262.00 409.00 440.00 0.00 2,981.00 Payments in Lieu of Taxes 0.00 10,209.00 6,940.00 11,437.00 11,329.00 7,422.00 27,675.00 0.00 75,012.00
151
5/18/2022 12:06 PM
311 312 313 314 315 317 318 cocc Total
Budget Budget Budget Budget Budget Budget Budget Budget Budget
OXNARD HOUSING AUTHORITY
LOW RENT PUBLIC HOUSING
Proposed FY 2023 Budget
Bad Debt-Tenant Rents 1,760.00 2,000.00 1,500.00 4,000.00 1,000.00 5,500.00 2,000.00 0.00 17,760.00 Security/Law Enforcement 7,558.00 22,627.00 15,839.00 22,627.00 4,953.00 22,628.00 0.00 0.00 96,232.00 TOTAL GENERAL EXPENSES 15,173.00 100,507.00 82,616.00 126,172.00 60,244.00 114,895.00 105,936.00 32,521.00 638,064.00
HOUSING ASSISTANCE PAYMENTS
PH Tenant URP 0.00 204.00 48.00 1,224.00 0.00 612.00 0.00 0.00 2,088.00 PH FSS Escrow Payments 0.00 21,428.00 6,132.00 29,796.00 0.00 13,584.00 0.00 0.00 70,940.00 TOTAL HOUSING ASSISTANCE PAYMENTS 0.00 21,632.00 6,180.00 31,020.00 0.00 14,196.00 0.00 0.00 73,028.00 TOTAL EXPENSES 46,173.00 1,042,283.00 820,222.00 1,149,688.00 545,525.00 1,075,168.00 953,372.00 1,240,124.00 6,872,555.00 NET INCOME -35,965.00 180809.00 13,546.00 -130,618.00 -166,414.00 77,096.00 -257,603.00 -256,503.00 -575,652.00
152
HOUSING AUTHORITY OF THE CITY OF OXNARD
RESOLUTION NO. ______
RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF OXNARD APPROVING AND
ADOPTING THE LOW RENT PUBLIC HOUSING PROGRAM OPERATING BUDGET FOR FISCAL YEAR 2023
WHEREAS, the Housing Authority of the City of Oxnard (Authority) has prepared the Low Rent Public Housing Program Operating Budgets now totaling $6,872,555 for the fiscal year 2023; and WHEREAS, the budgeted expenditures are necessary for the efficient and economical operation of the Authority for the purpose of serving low-income families; and WHEREAS, the budget for the fiscal year 2023 indicates a source of funding adequate to cover all proposed expenditures; and
WHEREAS, the budgeted rental charges and expenditures will be consistent with the provisions of law and the Annual Contribution Contract; and
WHEREAS, the United States Department of Housing and Urban Development (HUD) requires the Authority to certify that no Authority employee is serving in a variety of positions which will exceed a 100% allocation of their time.
NOW THEREFORE, the Board of Commissioners of the Housing Authority of the City of Oxnard hereby resolves:
1. That the Low Rent Public Housing Program Operating Budgets (Operating Budgets) for the fiscal year 2023 totaling $6,872,555 on file at the Housing Department and incorporated full herein by this reference is approved and adopted.
2. That no Authority employee reflected in the Operating Budgets is serving in a variety of positions which will exceed 100% allocation of their time.
PASSED AND ADOPTED on this ______ day of _______, 2022 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
John C. Zaragoza, Chairperson
ATTEST: APPROVED AS TO FORM:
Rose Chaparro, Secretary Designate Stephen Fischer, General Counsel 153
5/26/2022 11:37 PM
OXNARD HOUSING AUTHORITY
SECTION 8 HOUSING CHOICE VOUCHER
PROPOSED FY 2023 BUDGET
Administrative Housing Assistance Total
Budget Payment Budget Budget
Revenue & Expenses
INCOME
GRANT INCOME
HAP Income 22,300,000.00 22,300,000.00
Adm Fee Income 2,335,334.00 2,335,334.00
Port-In Adm Fee 13,584.00 13,584.00
Port-In HAP 147,756.00 147,756.00
TOTAL GRANT INCOME 2,496,674.00 22,300,000.00 24,796,674.00
OTHER INCOME
Investment Income-Unrestricted 4,178.00 4,178.00
Fraud Recovery-Adm Fee 13,056.00 13,056.00
Fraud Recovery-HAP 13,056.00 13,056.00
TOTAL OTHER INCOME 17,234.00 13,056.00 30,290.00
TOTAL INCOME 2,513,908.00 22,313,056.00 24,826,964.00
EXPENSES
ADMINISTRATIVE
Administrative Salaries
Administrative Salaries 1,336,898.00 1,336,898.00
Administrative Temp Help 53,040.00 53,040.00
Add'l Compensation - OT 17,079.00 17,079.00
Employee Benefit Contribution-Admin 870,951.00 870,951.00 Total Administrative Salaries 2,277,968.00 2,277,968.00 Legal Expense
Criminal Background Checks 8,421.00 8,421.00
Tenant Screening 18,326.00 18,326.00
General Legal Expense 1,707.00 1,707.00
Total Legal Expense 28,454.00 28,454.00
Other Admin Expenses
Staff Training 3,376.00 3,376.00
Travel 1,564.00 1,564.00
Auditing Fees 34,500.00 34,500.00
Port-Out Adm Fee Paid 23,875.00 23,875.00
Total Other Admin Expenses 63,315.00 63,315.00
Miscellaneous Admin Expenses
Membership and Fees 2,984.00 2,984.00
Publications 1,620.00 1,620.00
Advertising 2,623.00 2,623.00
Office Supplies 3,300.00 3,300.00
Fuel-Administrative 2,465.00 2,465.00
154
5/26/2022 11:37 PM
City Overhead 55,434.00 55,434.00
Telephone 6,576.00 6,576.00
Postage 18,000.00 18,000.00
Paper 2,270.00 2,270.00
Copiers 3,512.00 3,512.00
Printer Supplies/Services 3,448.00 3,448.00
Misc Computer Equipment 4,073.00 4,073.00
Internet 2,137.00 2,137.00
Software/Maintenance Fees 52,000.00 52,000.00
Cell Phones/Pagers 2,604.00 2,604.00
Small Office Equipment 1,025.00 1,025.00
Bank Fees 7,715.00 7,715.00
Other Misc Admin Expenses 645.00 645.00
Storage 12,990.00 12,990.00
Total Miscellaneous Admin Expenses 185,421.00 185,421.00 TOTAL ADMINISTRATIVE EXPENSES 2,555,158.00 2,555,158.00
UTILITIES
Water 604.00 604.00
Electricity 10,934.00 10,934.00
Gas 1,066.00 1,066.00
Garbage/Trash Removal 771.00 771.00
Sewer 289.00 289.00
TOTAL UTILITY EXPENSES 13,664.00 13,664.00
MAINTENANCE AND OPERATIONS
General Maint Expense
Maintenance Salaries 1,104.00 1,104.00
Maintenance Labor-Grounds 9,192.00 9,192.00
Maintenance OT 164.00 164.00
Employee Benefits Contribution-Maint. 6,524.00 6,524.00 Maintenance Uniforms 300.00 300.00
Vehicle Gas, Oil, Grease 280.00 280.00
Total General Maint Expense 17,564.00 17,564.00
Materials
Supplies-Paint 18.00 18.00
Supplies-Grounds 114.00 114.00
Supplies-Plumbing 147.00 147.00
Supplies-Electrical 317.00 317.00
Supplies-Building Repairs 111.00 111.00
Supplies-Locks 45.00 45.00
Supplies-Janitorial/Cleaning 1,428.00 1,428.00
Supplies-Safety 645.00 645.00
Tools and Equipment 19.00 19.00
Grounds Tools and Equipment 16.00 16.00
OXNARD HOUSING AUTHORITY
SECTION 8 HOUSING CHOICE VOUCHER
PROPOSED FY 2023 BUDGET
Administrative Housing Assistance Total
Budget Payment Budget Budget
155
5/26/2022 11:37 PM
COVID 19 510.00 510.00
Total Materials 3,370.00 3,370.00
Contract Costs
Contract-Fire Alarm/Extinguisher 118.00 118.00
Contract-Janitorial/Cleaning 8,800.00 8,800.00
Contract-HVAC 2,833.00 2,833.00
Contract-Vehicle Maintenance 1,875.00 1,875.00
Contract-Alarm Monitoring 652.00 652.00
Contract-Tree Trimming 233.00 233.00
Total Contract Costs 14,511.00 14,511.00
TOTAL MAINTENANCE EXPENSE 35,445.00 35,445.00
GENERAL EXPENSES
WC Insurance 7,552.00 7,552.00
Auto Insurance 4,952.00 4,952.00
Property Insurance 1,491.00 1,491.00
General Liability Insurance 9,315.00 9,315.00
Fidelity Insurance 61.00 61.00
City-Umbrella Policy 7,825.00 7,825.00
Broker Fees 1,235.00 1,235.00
Cyber Liability Insurance 7,268.00 7,268.00
Security/Law Enforcement 7,535.00 7,535.00
Port-In HAP Expense 147,756.00 147,756.00
TOTAL GENERAL EXPENSES 194,990.00 194,990.00
HOUSING ASSISTANCE PAYMENTS
Housing Assistance Payments 21,746,412.00 21,746,412.00 HCV Tenant URP 24,588.00 24,588.00
Port-Out HAP 422,056.00 422,056.00
HCV FSS Escrow Payments 120,000.00 120,000.00
TOTAL HOUSING ASSISTANCE PAYMENTS 22,313,056.00 22,313,056.00 TOTAL EXPENSES 2,799,257.00 22,313,056.00 25,112,313.00 NET INCOME -285,349.00 0.00 -285,349.00
OXNARD HOUSING AUTHORITY
SECTION 8 HOUSING CHOICE VOUCHER
PROPOSED FY 2023 BUDGET
Administrative Housing Assistance Total
Budget Payment Budget Budget
156
HOUSING AUTHORITY OF THE CITY OF OXNARD
RESOLUTION NO. _________
RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF OXNARD APPROVING AND ADOPTING THE SECTION 8 HOUSING CHOICE VOUCHER PROGRAM OPERATING BUDGET FOR FISCAL YEAR 2023
WHEREAS, the Housing Authority of the City of Oxnard (Authority) has prepared a Section 8 Housing Choice Voucher Program Operating Budget of $25,112,313 for the fiscal year 2023; and WHEREAS, the budgeted expenditures are necessary for the efficient and economical operation of the Authority for the purpose of serving low-income families; and WHEREAS, the budget for the fiscal year 2023 indicates a source of funding adequate to cover all proposed expenditures; and
WHEREAS, the budgeted expenditures will be consistent with the provisions of law and the Annual Contribution Contract; and
WHEREAS, the United States Department of Housing and Urban Development (HUD) requires the Authority to certify that no Authority employee is serving in a variety of positions which will exceed a 100% allocation of their time.
NOW THEREFORE, the Board of Commissioners of the Housing Authority of the City of Oxnard hereby resolves:
1. That the Section 8 Housing Choice Voucher Program Operating Budget (Operating Budget) for the fiscal year 2023 totaling $25,112,313 available on file at the Housing Department and incorporated in full herein by this reference is approved and adopted.
2. That no Authority employee reflected in the Operating Budget is serving in a variety of positions which will exceed 100% allocation of their time.
PASSED AND ADOPTED on this _______ day of ____________, 2022 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
John C. Zaragoza, Chairperson
ATTEST: APPROVED AS TO FORM:
Rose Chaparro, Secretary Designate Stephen Fischer, General Counsel 157
(exp. 06/30/2022)
PHA Board Resolution U.S. Department of Housing OMB No. 2577-0026 Approving Operating Budget and Urban Development Office of Public and Indian Housing -
Real Estate Assessment Center (PIH-REAC)
form HUD-52574 (06/2019) Previous editions are obsolete Public reporting burden for this collection of information is estimated to average 10 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number.
This information is required by Section 6(c)(4) of the U.S. Housing Act of 1937. The information is the operating budget for the low -income public housing program and provides a summary of the proposed/budgeted receipts and expenditures, approval of budgeted receipts and expenditures, and justification of certain specified amounts. HUD reviews the information to determine if the operating plan adopted by the public housing agency (PHA) and the amounts are reasonable, and that the PHA is in compliance with procedures prescribed by HUD. Responses are required to obtain benefits. This information does not lend itself to confidentiality.
PHA Name: PHA Code:
Board Resolution Number:
Acting on behalf of the Board of Commissioners of the above -named PHA as its Chairperson, I make the following certifications and agreement to the Department of Housing and Urban Development (HUD) regarding the Board’s approval of (check one or more as applicable):
DATE
Operating Budget approved by Board resolution on:
Operating Budget submitted to HUD, if applicable, on:
Operating Budget revision approved by Board resolution on:
Operating Budget revision submitted to HUD, if applicable, on:
I certify on behalf of the above-named PHA that:
1. All statutory and regulatory requirements have been met;
2. The PHA has sufficient operating reserves to meet the working capital needs of its developments;
3. Proposed budget expenditure are necessary in the efficient and economical operation of the housing for the purpose of serving low-income residents;
4. The budget indicates a source of funds adequate to cover all proposed expenditures;
5. The PHA will comply with the wage rate requirement under 24 CFR 968.110(c) and (f); and
6. The PHA will comply with the requirements for access to records and audits under 24 CFR 968.110(i).
I hereby certify that all the information stated within, as well as any information provided in the accompaniment herewith, if applicable, is true and accurate.
Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012.31, U.S.C. 3729 and 3802)
Print Board Chairperson’s Name:
Signature: Date:
PHA Fiscal Year Beginning:
City of Oxnard Housing Authority
CA031
July 1, 2022
06/30/2022
John C. Zaragoza
158
Oxnard Housing Authority
Fiscal Year 2022-2023 Budget
Emilio Ramirez, Director
Housing Department
City Council
June 21, 2022
159
1. HUD regulations required program budgets to be approved and submitted prior to July 1
2. Each project area is funded, accounted for and budgeted sep
arately according to Asset Management Provisions
3. Overall program budget recommended is $6,872,555
4. A HUD formula establishes the estimated costs to run each public housing complex – called the “project expense level (PEL)”
5. PEL – prior year tenant rent + utility expenses = ~subsidy eligibility
6. Eligible subsidy amount is prorated based upon Congressional Ap
propriations on a calendar year basis
7. FY 2023 budgets are based upon 95% of subsidy as CY 2022 funding levels are unknown at this time.
FY 2023 Public Housing Budget 2
160
Asset Management Projects (“AMPs”)
FY 2023 Public Housing Budget 3
161
Public Housing Income
FY 2023 Public Housing Budget 4
Description Total FY22
Budget
Total FY23
Budget
Increase
(Decrease)
Tenant Rent 4,528,824 4,733,180 204,356
Operating subsidy 897,324 423,989 ( 473,335)
Management Fees 825,000 921,052 96,052
Other Income 220,827 218,682 (2,145)
To
tal Income 6,471,975 6,296,903 (175,072)
162
Public Housing Expenses
FY 2023 Public Housing Budget 5
Description Total FY22
Budget
Total FY23
Budget
Increase
(Decrease)
Admin Exp 3,205,733 3,056,134 ( 149,599)
Tenant Svc Exp 27,607 24,417 (3,190)
Utility Expense 952,300 969,355 17,055
Maintenance Exp 2,274,925 2,111,557 (163,368)
General Expense 606,038 638,064 32,026
Other Expenses 108,708 73,028 (35,680)
Total Expenses 7,175,311 6,872,555 (302,756)
163
1. Housing Choice Voucher (HCV) program is responsible for p
roviding housing assistance payments to up to 1,890 families (1773 ongoing, 40 Mainstream vouchers and 77 VASH vouchers)
2. The HCV program is comprised of 2 components – housing assistance payments (“HAP”) to landlords and administration
3. HAP portion of the budget is $22,313,056
4. HUD directs housing authorities to lease as many units as they can with the funding they are provided
5. HAP funding levels are subject to annual Congressional a
ppropriations
FY 2023 Housing Choice Voucher Budget 6
164
1. Administrative funding is the amount the OHA receives to administer the HCV program
2. Eligibility is based upon the number of vouchers leased and a HUD established fee per unit leased
3. Total national eligibility is compared to funding available through Congressional appropriations and funding is prorated accordingly
4. The estimated FY 2022 administrative fee funding proration is at
85.8% of eligibility
FY 2023 Housing Choice Voucher Budget 7
165
FY 2023 Housing Choice Voucher Budget 8
Description HCV Budget
2022
HAP Budget
2023
Increase
(Decrease)
HAP Income $22,441,492 $22,313,056 $(128,436)
HAP Expenses 22,441,492 22,313,056 (128,436)
Net HAP Income 0 0 0
Admin Income 2,136,083 2,513,908 377,825
Admin Personnel 2,240,191 2,277,968 37,777
Other Admin Exp 251,297 277,190 25,893
Util & Maint Exp 48,910 49,109 199
Gen & Other Exp 146,952 194,990 48,038
Total Expenses 2,687,350 2,799,257 111,907
Total Income
(Deficit)
(551,267) (285,349) 265,918
166
FY 2023 Housing Choice Voucher Budget
9 Description HCV
Budget
2022
HCV
Budget
2023
Increase
(Decrease)
HCV
Income
24,577,575 24,826,964 249,389
HCV
Expenses
25,128,842 25,112,313 (16,529)
Net HCV
Income
(551,267) (285,349) 265,918
167
Financial Impact
1. Requires $256,503 in COCC cash reserves where the
approximate reserve balance is $1,200,000
2. Requires $319,149 in the Low Rent Public Housing program cash reserves where the reserve balance $9,000,000
3. Requires $285,349 in the Housing Choice Voucher program cash reserves where the current reserve balance $1,500,000
Oxnard Housing Authority FY 2022 - 2023 Budget 10
168
That the Board of Commissioners of the Oxnard Housing Authority:
1. Adopt a resolution approving and adopting the recommended $6,872,555 operating budget for the Low Rent Public Housing Program for fiscal year 2023, as presented for each project area, and approve and authorize the use of $575,652 of unrestricted cash to fund the projected deficit.
2. Adopt a resolution approving and adopting the recommended $25,112,313 operating budget for the Housing Choice Voucher Program for fiscal year 2023 and approve and authorize the use of $285,349 of unrestricted cash to fund the projected deficit.
Recommendations 11
169
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.9
DATE: June 21, 2022
TO: Housing Authority
FROM: Emilio Ramirez, Housing Director, (805) 385-8094, [email protected]
SUBJECT: Housing Authority Investment Policy.
RECOMMENDATION
That the Board of Commissioners of the Housing Authority of the City of Oxnard adopt a resolution adopting an investment policy for the Housing Authority of the City of Oxnard for FY 2022-2023. (The Finance and Governance Committee approved 2-0 on May 24, 2022)
BACKGROUND
On June 1, 2021, the Housing Authority adopted an Investment Policy. The law requires the Housing Authority of the City of Oxnard to adopt an investment policy each year. The Housing Authority of the City of Oxnard is bound by State law, as is the City of Oxnard, but has further constraints imposed by the federal government involving the investment of funds. The investment policy governs investment of funds, including funds on deposit. The Department of Housing and Urban Development has defined “funds on deposit” as comprised of:
1. Funds for current transactions
2. Capital or development funds
3. Funds exceeding daily requirements
4. Operation reserve funds
In recent history, the Housing Authority of the City of Oxnard has invested excess cash utilizing a combination of in- house efforts and an outside agent (State of California Local Agency Investment Fund), which is permitted by Housing and Urban Development and State law. Staff is recommending this practice be continued through FY 2022-2023 because it is a safe, cost effective and successful program. Additionally, should any further eligible investment opportunities arise, staff will investigate and pursue as appropriate.
This investment policy insures prudent investing, and adequate reporting of investment results and position to the Authority and public. It also provides for periodic reporting and annual approval.
Safety is assured by adherence to Housing and Urban Development approved investments. The restriction placed on allowable investment provides a degree of diversification to assure that potential loss on individual investments does not compromise the remainder of the portfolio. The Housing Authority of the City of Oxnard is not permitted to invest in instruments, except those authorized by Housing and Urban Development.
Liquidity is addressed by Housing and Urban Development to assure the Housing Authority of the City of Oxnard is able to meet its operating requirements on a daily basis.
The final objective is earnings. The portfolio shall be designed to provide a reasonable rate of return throughout 170
budgetary and economic cycles, considering the investment risk constraints and the cash flow characteristics of the portfolio.
The investment policy includes a delegation of authority from the Housing Authority of the City of Oxnard to an Investment Committee consisting of the Housing Director, Housing Finance Officer and Housing Accountant. This action continues to formalize procedures, which have been in place for a number of years.
The adoption of this Investment Policy will not affect the operations of the Authority to any material extent. The investment policy does not contain any material alterations in policy or procedures of the Housing Authority of the City of Oxnard. The investment policy satisfies requirements of State law combined with Housing and Urban Development’s existing requirements.
STRATEGIC PRIORITIES
This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.
FINANCIAL IMPACT
There is no financial impact.
COMMITTEE OUTCOME
The Finance and Governance Committee approved 2-0 on May 24, 2022 to approve the staff recommendation and to forward the item for Council approval.
Prepared by: Emilio Ramirez, Housing Director
ATTACHMENTS
1. OHA Investment Resolution
2. Investment Policy
3. Investment Guideline FY 22-23
4. Investment Policy Presentation
171
HOUSING AUTHORITY OF THE CITY OF OXNARD
RESOLUTION NO.
RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF OXNARD APPROVING
ADOPTION OF AN INVESTMENT POLICY AND INVESTMENT PORTFOLIO GUIDELINES FOR THE HOUSING AUTHORITY OF THE CITY OF OXNARD FOR FISCAL YEAR 2022-2023 WHEREAS, the U. S. Department of Housing & Urban Development has established requirements governing cash management and approved investment instruments for certain funds under the control of public housing authorities (HUD Notice PIH 2002-13); and WHEREAS, the Legislature of the State of California has declared that the deposit and investment of public funds by local officials and local agencies is an issue of statewide concern (California Government Code Section 53600.6); and
WHEREAS, the legislative body of the Housing Authority may invest surplus monies not required for the immediate necessities of the local agency in accordance with the provisions of U.S.
Department of Housing & Urban Development Notice PIH 2002-13 and California Government Code sections 5922 and 53601; and
WHEREAS, the Housing Finance Officer of the Housing Authority of the City of Oxnard (Authority) is required to annually prepare and submit a statement of investment policy and such policy, and any changes thereto, shall be considered by the Authority at a public meeting [California Government Code Section 53646(a)]; and
WHEREAS, the Board of Commissioners of the Authority ("Commission") determines that the policy of the Authority is to invest funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the Authority and conforming to all statutes governing the investment of Authority funds.
NOW THEREFORE, the Commission hereby adopts the Investment Policy of the Housing Authority of the City of Oxnard, which is attached hereto as Attachment A and incorporated herein by this reference. The Commission also adopts the Investment Portfolio Guidelines dated July 1, 2022, which are attached hereto as Attachment B and incorporated herein by this reference.
PASSED AND ADOPTED on this ______ day of _________, 2022 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
John C. Zaragoza, Chairperson
ATTEST: APPROVED AS TO FORM:
Rose Chaparro, Secretary-Designate Stephen Fischer, General Counsel 172
Attachment A
Investment Policy of the Housing Authority of the City of Oxnard 173
Attachment B
Investment Portfolio Guidelines
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INVESTMENT POLICY OF THE HOUSING AUTHORITY OF THE CITY OF OXNARD
1.0 INTRODUCTION
This policy is intended to provide guidance for the investing of surplus cash of the Housing Authority of the City of Oxnard (Authority). The U.S. Department of Housing and Urban Development (HUD) has established requirements governing cash management and approved investment instruments for certain funds under the control of Public Housing Authorities. The Legislature of the State of California (CGC53600.6) has declared that the deposit and investment of funds by officials and local agencies is an issue of statewide concern. The Board of Commissioners of the Authority (Board) may invest surplus moneys not required for the immediate necessities of the Authority in accordance with the provisions of HUD Notice PIH 2002-13 and California Government Code Sections 5922 and 53607. The authority of the Board to invest or to reinvest funds, or to sell or exchange securities so purchased, may be delegated for a one-year period by the Board to the Housing Finance Officer of the Authority, who shall thereafter assume full responsibility for those transactions until the delegation of authority is revoked or expires, and shall make a monthly report of those transactions to the Board. Subject to review, the Board may renew the delegation of authority pursuant to this section each year. The Housing Finance Officer of the Authority shall annually prepare and submit a statement of investment policy and such policy, and any changes thereto shall be considered by the Board at a public meeting. The policy of the Authority is to invest funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the Authority and conforming to all statutes governing the investment of Authority funds.
2.0 SCOPE
This investment policy applies to the Authority's pooled investment fund, which encompasses all money under the direct oversight of the Housing Finance Officer. These include the Public Housing Funds, Section 8 Voucher Funds, Grant Funds and the Central Fund. This policy is generally applicable to bond proceeds with consideration given to specific provisions of each issuance. Reports of the investment of bond proceeds are issued periodically by the Trustee and are not included in the Housing Finance Officer's quarterly report of the pooled investment fund. The employee's retirement and deferred compensation funds are also not included.
3.0 PRUDENCE
Investments shall be made with foresight and care -- under circumstances then prevailing -- which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived.
3.1 The standard of prudence to be used by investment officials shall be the 'prudent person' standard and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and the investment policy and exercising due diligences shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments.
4.0 OBJECTIVES
The Authority's cash management system is designed to accurately monitor and forecast revenues and 175
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expenditures thus enabling the Housing Finance Officer to invest funds to the fullest extent possible. The Housing Finance Officer shall maintain a portfolio, which accomplishes the primary objectives of safety, liquidity, and yield (in that order of priority).
4.1 Safety: According to HUD Notice PIH 2002-13, safety is achieved through adherence to the list of permitted investments which are backed by the full faith and credit of, or a guarantee of principal and interest by, the U. S. Government, a Government agency or issued by a Government sponsored agency, coupled with an appropriate maturity date.
4.2 Liquidity: All investments must be capable of being liquidated on one day’s notice.
4.3 Yield: The Authority should strive to achieve the highest yield consistent with the objectives of the Investment Policy.
5.0 DELEGATION OF AUTHORITY
Authority to manage the investment program is derived from Section 401 (E) of the HUD/PHA Annual Contributions Contract and California Government Code Sections 53607, et seq. Management responsibility for the investment program is hereby delegated to the Housing Finance Officer, who shall establish written procedures for the operation of the investment program consistent with Section 12.2 of this investment policy. Procedures should include references to: safekeeping, PSA repurchase agreements, wire transfer agreements, collateral/depository agreements and banking services contracts, as appropriate.
Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Housing Finance Officer. The Housing Finance Officer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of the investment committee. The Housing Finance Officer is a trustee and a fiduciary subject to the prudent investor standard. The other housing staff with signatory authority on Authority checking and other accounts is the Housing Director.
6.0 ETHICS AND CONFLICTS OF INTEREST
The Housing Finance Officer shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair the ability to make impartial investment decisions. The Housing Finance Officer is governed by the Political Reform Act of 1974 regarding disclosure of material financial interests.
7.0 AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS
The Housing Finance Officer shall transact business only with banks, savings and loans, securities dealers and approved State and county investment pools.
7.1 Authorization: The Authority may conduct business with major registered broker/dealers and with dealers designated Primary by the Federal Reserve provided all the following criteria are met.
Broker/Dealers must: 1) have offices located in the State of California, 2) be adequately capitalized, 3) locate markets for securities appropriate to the Authority needs, and 4) agree to abide by the conditions set forth in the Authority's Investment Policy and be among the authorized institutions approved by the City Treasurer.
7.2 Certification: Before engaging in investment transactions with a broker/dealer, the Housing Finance 176
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Officer shall have received from said firm a signed certification that the responsible party from that firm has reviewed the Authority's Investment Policy. The Certification shall also state that the firm understands the policy and intends to present investment recommendations and transactions to the Authority that are appropriate under the terms and conditions of the Investment Policy.
8.0 AUTHORIZED AND SUITABLE INVESTMENTS
HUD Notice PIH 2002-13 states an Authority should compare the return of an ‘in house’ cash management program with a program managed by an agent. It also states the Authority may contract with an approved governmental unit such as a State agency established for this purpose, such as a Local Agency Investment Fund (LAIF). The Notice also sets forth the following HUD-approved investments. The types of HUD- approved investments may change from time to time. It is the responsibility of the Housing Finance Officer to stay informed of the latest California Government Code and HUD-approved investments. HUD approved investments may be further limited by California Government Code Section 53607.
8.1 U.S. Treasury Bills, Notes and Bonds
8.2 Obligations issued by Agency or Instrumentality of the U.S. Government.
8.3 State or Municipal Depository Funds, such as LAIF, or pooled cash investment funds managed by County Treasurers.
8.4 Insured Demand and Savings Deposits, provided that deposits in excess of the insured amounts must be 100% collateralized by securities listed in 8.1 or 8.2 above.
8.5 Insured Money Market Deposit Accounts, provided that deposits in excess of the insured amount must be 100% collateralized by securities listed in 8.1 or 8.2 above.
8.6 Insured Super NOW Accounts, provided that deposits in excess of the insured amount must be 100% collateralized by Securities listed in 8.1 or 8.2 above.
8.7 Negotiable Certificates of Deposit issued by Federally or state-chartered banks or associations. Not more than 30% of surplus funds can be invested in certificates of deposit.
8.8 Repurchase/Reverse Repurchase Agreements of any securities authorized by this section (See special limits and qualifications in HUD Notice PIH 1999-48, and CGC 53607).
8.9 Sweep Accounts that are 100% collateralized by securities listed in 8.1 or 8.2 above.
8.10 Shares of beneficial interest issued by diversified management companies (money market mutual funds) investing in the securities and obligations authorized by this section. Such Funds must carry the highest rating of at least two national rating agencies. Not more than 20% of surplus funds can be invested in money market mutual funds.
8.11 Funds held under the terms of a Trust Indenture or other contract or agreement, including the HUD/PHA Annual Contributions Contract, may be invested according to the provisions of those indentures or contracts.
8.12 Principal only STRIPS.
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8.13 Any other investment security authorized under the provisions of HUD Notice PIH 2002-13.
8.14 Prohibit securities that take the form of inverse floaters, range notes, mortgage-backed interest-only strips and floating-rate investments without a floor.
9.0 COLLATERAL
Collateral requirements are addressed in HUD Notice PIH 2002-13 as well as California Government Code Section 53652. All Certificates of Deposits must be collateralized by US Treasury Obligations. Collateral must be held by a third party, and valued on a monthly basis.
10.0 SAFEKEEPING AND CUSTODY
Security transactions entered into by the Authority shall be conducted on a delivery-versus-payment (DVP) basis. Securities of duration exceeding 30 days to maturity shall be held by a third-party custodian designated by the Housing Finance Officer. Evidence of account for each time deposit will be held in the Housing Authority safe.
11.0 DIVERSIFICATION
In an effort to reduce portfolio risk while attaining market average rates, the Authority's portfolio will be suitably diversified by type and institution.
11.1 With the exception of U. S. Treasury securities and authorized pools, no more than 50 percent of the total portfolio will be invested in a single security type. Investments are further limited by specific language relating to each investment type as stated in Section 8 of this Policy.
11.2 To the extent possible, the Housing Finance Officer will attempt to match investments with anticipated cash flow requirements. Operating reserve funds may not be invested in securities exceeding five years (maturity of such investments should coincide as nearly as practicable with expected use of funds).
12.0 INTERNAL CONTROLS
A system of internal controls will be maintained to assure compliance with Federal and State regulations, Housing Commission direction, and prudent cash management procedures.
12.1 Investment Review Committee: The Housing Director, Housing Finance Officer, and Housing Accountant are the members of the Investment Review Committee tasked with quarterly review of procedures and adherence to this Investment Policy.
12.2 Investment Portfolio Guidelines: Guidelines have been established for procedures within the Housing Finance Officer's office to assure internal investment controls and a segregation of responsibilities of investment functions. (Attachment No. 2)
12.3 Annual Audit: The Authority portfolio is included in the Independent Auditors’ scope of examination during testing of the Authority’s financial management at the annual audit.
13.0 REPORTING
The Housing Finance Officer shall provide investment information to the Housing Commission. 178
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13.1 Periodic Reports: The Housing Finance Officer will provide detailed reports of the investments in the pooled investment fund portfolio on a quarterly basis to the Housing Commission. Within thirty days of the end of each quarter, these reports will be provided with such additional information as market pricing.
Summarized reports from Trustees regarding investments of bond proceeds will be provided as they become available.
13.2 Annual Report: This Investment Policy will be presented annually, following the close of the fiscal year, to the Housing Commission for approval. Each of the four quarterly reports, which are submitted to the commission as briefing reports, will provide a detailed report of the current status of the portfolio. 179
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HOUSING AUTHORITY OF THE CITY OF OXNARD
INVESTMENT PORTFOLIO GUIDELINES
July 1, 2022
1)INTRODUCTION. These guidelines are established to direct and control investment activities in such a manner to assure that the goals established in the Investment Policy are attained. 2)GENERAL FACTORS. Several factors must be considered in preparation for effective portfolio management.
a)Cash Forecast. The projected cash flow of the Authority shall be prepared annually, and updated as required throughout the year. A close working relationship with Authority Divisions having a significant impact on cash flow is maintained to maximize the efficiency of the Investment Program.
b)Pooled Cash. Whenever practical, the Authority cash will be consolidated into one bank account and invested on a pooled concept basis. Interest earnings are allocated according to the average daily balances specific to fund ledger balances. No Authority bank account may be opened without the knowledge and consent of the Housing Finance Officer. c)Authorized Institution. A list of institutions that meet the criteria of the Investment Policy and have been authorized by the Housing Finance Officer to do business with the Authority will be established, maintained and regularly updated. Investment transactions will be executed only with approved broker/dealers, banks, and savings and loans.
3)INVESTMENT PROCEDURES. The Housing Finance Officer has developed internal investment procedures to provide for effective cash management. Segregation of responsibilities is maintained to assure an adequate system of internal control over the investment function. a)Investment Transactions. The Housing Finance Officer will authorize investment transactions. In her absence, the Housing Director will execute transactions as prescribed by the Housing Finance Officer prior to her absence.
b)Wire Transfers. The Authority will use pre-formatted wire transfers to restrict the transfer of funds to pre-authorized accounts only. All wire transfers require an initiator plus an approval by an authorized employee.
c)Safekeeping. Securities purchased from broker/dealers (on which maturity is greater than 30 days) shall be held in third party safekeeping. All purchases will be on a delivery versus-payment basis.
Evidences of accounts for certificates of deposit will be issued in the Authority name and held in Housing Finance Officer’s safe.
4)INVESTMENT CRITERIA. All investments will be made in compliance with Federal, State, and Local laws governing the investment of Authority funds, and in accordance with the Authority’s Investment Policy.
a)Maturity of Investment. Investments longer than one year may be made if consistent with the Authority cash flow needs and related intent of holding until maturity. Securities may be sold prior to maturity for cash flow purposes or to otherwise enhance the portfolio. If the rating of any depository declines to an unacceptable level prior to the maturity of an investment of Authority 180
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funds, the investment will be matured at the earliest possible convenience. If the rating drops below the allowable level of any one of the rating services, the investment will be sold if no significant loss of principal is involved. The Housing Finance Officer will determine such sales. b)Certificate of Deposit Evaluation. Time Certificates of Deposit shall be evaluated in terms of FDIC coverage. For deposits in excess of the insured maximum of $100,000, approved collateral shall be required at the percentage above market value as specified by HUD Notice PIH 2002-13 and CGC Section 53652 and 53651.
5)INTERNAL CONTROL OF INVESTMENTS. Investment transactions are controlled through distribution of responsibilities within the Housing Finance Officer’s office by the following procedures:
a) The Housing Finance Officer initiates each investment transaction. b) A journal entry detailing the investment is prepared by the Housing Accountant and approved by the Housing Finance Officer.
c) The journal entry entered on a cash balance spread sheet by the Housing Accountant. d) At month end the book balances, maintained by the Housing Accountant, must balance with the portfolio balance maintained independently by the Housing Accountant. 181
Oxnard Housing Authority
Investment Policy
Emilio Ramirez, Director
Housing Department
City Council
June 21, 2022
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On June 1, 2021, the Authority adopted an Investment Policy. The law requires the Authority to adopt an Investment Policy each year.
The Authority is bound by State law, as is the City, but has further constraints imposed by the federal government involving the investment of Authority funds. The investment policy governs investment of funds, including funds on deposit. The Department of Housing and Urban Development (“HUD”) has defined ‘funds on deposit’ as comprised of:
1. Funds for current transactions
2. Capital or development funds
3. Funds exceeding daily requirements
4. Operation reserve funds
Background
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That the Board of Commissioners of the Housing Authority of the City of Oxnard (“Authority”) adopt a resolution adopting an investment policy for the Housing Authority of the City of Oxnard for FY 2022-2023.
Recommendations
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CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.10
DATE: June 21, 2022
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: First Amendment to Agreement A-8126 for Delivery of Bulk Fuel (Unleaded Gasoline, Clear Diesel and Red Dye Diesel) to City Facilities.
RECOMMENDATION
That the City Council approve and authorize the Mayor to execute a first amendment to Agreement A-8126 with Conico Toro, Inc., to increase the not to exceed amount from $1,420,200 to $3,120,200 and extend the term two additional years from June 30, 2022 to June 30, 2024, and incorporate the Water Campus, Blending Stations 3, 4 and 5, and Advanced Water Purification Facility (AWPF) location sites.
(Public Works and Transportation Committee approved 3-0)
BACKGROUND
On May 21, 2019, City Council approved a three-year Trade Service Agreement A-8126 with Conico Toro, Inc for the purchase and delivery of bulk fuel (unleaded gasoline, clear diesel and red dye diesel) to various City locations for a total of $1,420,200. The formal Request for Bid (RFB) No. PW 19-31 allowed for a total award term of up to a five-year term.
The two-year amendment allows the City to fully utilize the proposed term from the original RFB.
Conico Toro, Inc. is the parent company to the local provider MacValley Oil Company (MacValley). Upon initial award of the agreement, the City ensured that all proper documentation, including Secretary of State listing, insurance certificates, and fictitious business licensing properly linking Conico Toro, Inc., to MacValley. Upon developing the subsequent amendment, staff verified that all proper documentation was in place for continued services with MacValley.
MacValley has been the City’s bulk fuel provider for more than 13 years.
DISCUSSION
TABLE 1 - MacValley currently delivers bulk fuel to the following City locations:
Locations Unleaded Gasoline Clear Diesel Red Dye Diesel 1 Environmental Resources
111 S Del Norte Boulevard ✔ ✔
2 Fire Station 1
491 S K Street ✔ ✔
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3 Fire Station 2
531 E Pleasant Valley Road ✔
4 Fire Station 3
150 Hill Street ✔
5 Fire Station 4
230 W Vineyard Avenue ✔
6 Fire Station 5
1450 Colonia Road ✔
7 Fire Station 6
2601 Peninsula Road ✔
8 Fire Station 8
3000 S Rose Avenue ✔ ✔
9 Wastewater Treatment Plant
6001 Perkins Road ✔ ✔
10 River Ridge Golf Club
2401 W Vineyard Avenue ✔ ✔
TABLE 2 - New locations to be incorporated:
Locations Unleaded Gasoline Clear Diesel Red Dye Diesel 1 Water Campus
251 South Hayes ✔
2 Blending Station 3
1700 Solar Drive ✔
3 Blending Station 4
3637 Rose Avenue ✔
4 Blending Station 5
980 E Pleasant Valley Road ✔
5 AWPF
5700 Perkins Road ✔
Services for bulk fuel delivery were competitively bid and have provided the most economical option for the City. As a result of the Bid Process, MacValley was the lowest responsive bid based on markup cost above the California Oil Price Information Service (OPIS) who regulates fuel pricing to California fuel suppliers. The cost per gallon of fuel consists of the OPIS Wholesale Rack Pricing published average plus $0.215. The contract allows a $0.005 increase each year which is set to increase to $0.220 in FY 2022-23 and $0.225 in FY 2023-24.
STRATEGIC PRIORITIES
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This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.
FINANCIAL IMPACT
The total cost for this Amendment shall not exceed $1,700,000 through June 30, 2024. In past years, fuel pricing had remained consistent. However, fuel prices have increased approximately 33% in the third quarter of FY 2021-22. Fuel prices are anticipated to remain high for an undetermined length of time and could continue to increase. The funds requested for this amendment include potential increases in fuel prices through the term of the agreement. Funding will begin in the FY 2022-23 and has been considered in the Proposed Budget. Subsequent fiscal year funding will be requested in the annual budget process. The estimated annual cost per Division is as follows:
ESTIMATED SPENDING PLAN
Division FY 22-23 FY 23-24 Total
Wastewater (611,621),
Storm Water (114)
611-6103
621-6205
114-3501
114-3502
611-6101
$272,000 $272,000 $544,000
Environmental Resources
631-6312 $186,000 $190,000 $376,000
Fire Stations 1-6 & 8
741-7501 $300,000 $330,000 $630,000
River Ridge Golf Course
651-6401 $52,000 $58,000 $110,000
Water Campus
Blending Stations 3-5
601-6010
$10,000 $10,000
$20,000
AWPF
601-6010 $10,000 $10,000 $20,000
Total $1,700,000
COMMITTEE OUTCOME
The Public Works and Transportation Committee approved 3-0 on May 24, 2022 to approve the staff recommendation and to forward the item for Council approval.
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Prepared by: Brian Yanez, Assistant Public Works Director
ATTACHMENTS
1. Agreement A-8126 First Amend
2. Fully Executed A-8126
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CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.11
DATE: June 21, 2022
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Third Amendment to Agreement A-8221 with Big Truck Rental, LLC for Short Term Rental of Compressed Natural Gas (CNG) Residential Refuse Collection Vehicles for the Environmental Resources Division.
RECOMMENDATION
That the City Council approve and authorize the Mayor to execute a Third Amendment to Rental Agreement No. A-8221 with Big Truck Rental, LLC to increase the not to exceed amount from $1,707,200 to $3,168,800 and extend the term from June 30, 2022 to June 30, 2023 for the short term rental of 15 compressed natural gas (CNG) residential and commercial refuse collection vehicles.
(Public Works and Transportation Committee approved 3-0)
BACKGROUND
On June 30, 2020, Council approved Agreement A-8221 with Amrep U.S.A, Inc. (Amrep) for the rental of seven Compressed Natural Gas (CNG) commercial refuse collection vehicles for the Environmental Resources Division (ER) in Public Works. The purpose of the short term rental allowed for uninterrupted daily residential and commercial collection services to continue while the City pursued a comprehensive, formal lease-purchase agreement of 26 new CNG vehicles for ER. On October 20, 2020 Amrep legally transferred Agreement A-8221 to Big Truck Rental, LLC (BTR).
On March 2, 2021, Council approved the lease-purchase acquisition of 26 CNG collection vehicles from Velocity Truck Centers in Oxnard.
On June 15, 2021, the City Council approved the First Amendment to Rental Agreement A-8221 with BTR in the amount of $621,000 for a new total not to exceed $1,243,200 and to extend the term to June 30, 2022. This First Amendment extended the rental of the original seven CNG collection vehicles for an additional year due to the loss of existing diesel commercial vehicles due to maintenance issues or State emission requirements.
On December 21, 2021, the City Council approved the Second Amendment to Rental Agreement A-8221 with BTR for the rental of eight additional residential CNG collection vehicles in the amount of $464,000 for a new total not to exceed $1,707,200. The Second Amendment allowed for compliance with the State’s residential food waste and organic waste collection mandate (SB 1383) that became effective on January 1, 2022.
DISCUSSION
The estimated delivery date from Amrep for the 26 new lease-purchase CNG refuse collection vehicles was January of 2022. Unfortunately, due to the effects of the COVID pandemic on the national supply/transportation chain and labor availability, the delivery of nine CNG refuse collection vehicles has been delayed. The anticipated delivery date is now June 2022.
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In an effort to account for potential delivery delays, aging fleet of refuse collection vehicles (Table 1), and collection route expansion; we recommend the extension of all 15 CNG refuse collection vehicles from BTR. This will allow for the uninterrupted commercial collection services to occur while the new lease-purchase vehicles arrive and are incorporated into the fleet.
Table 1 - Environmental Resources Aging Fleet
# Model Year Life Cycle Years Manufacturer Vehicle Identification Fuel Type Current Mileage 1 2005 17 Autocar 05101 Diesel 201,365
2 2005 17 Autocar 05202 Diesel 178,528
3 2006 16 Autocar 06102 Diesel 147,852
4 2006 16 Autocar 06107 Diesel 136,038
5 2006 16 Autocar 06108 Diesel 138,509
6 2006 16 Autocar 06105 Diesel 144,340
7 2006 16 Autocar 06103 Diesel 148,855
8 2006 16 Autocar 06106 Diesel 150,551
9 2009 13 Autocar 09100 Diesel 105,518
10 2009 13 Autocar 09101 Diesel 111,003
This Third Amendment with BTR allows the return of any of the 15 CNG refuse collection vehicles during this agreement without monetary penalty. Leased vehicles will be returned based on the delivery of the new CNG refuse collection vehicles or any new vehicle purchases. Due to the aging fleet of refuse collection vehicles in ER, it is expected that approximately seven to ten vehicles will be leased at any given time. The leasing of CNG refuse collection vehicles will be monitored and evaluated throughout the course of this agreement.
STRATEGIC PRIORITIES
This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.
FINANCIAL IMPACT
The monthly rental cost per Commercial CNG vehicle is $7,400, with a total monthly cost of $51,800. The monthly rental cost for a Residential CNG vehicle is $8,750, with a total monthly cost of $70,000. Staff recommends executing a Third Amendment to Agreement No. A-8221 with BTR for an additional period of 12 months; increasing the existing agreement value by $1,461,600.
The cost for this Third Amendment to Agreement No. A-8221 with BTR is $1,461,600 for a total new agreement value of $3,168,800. Funding has been included in the Proposed Budget for FY 2022-23 within the Environmental Resources Fund.
Program – Fund Account Number FY 2022-23 Spending
Plan
Environmental Resources Operating Fund – Residential
Collection
631-6307-846.83-
21 $ 840,000
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Environmental Resources Operating Fund – Commercial
Collection
631-6308-846.83-
21 $ 621,600
TOTAL $ 1,461,600
COMMITTEE OUTCOME
The Public Works and Transportation Committee approved 3-0 on May 24, 2022 to approve the staff recommendation and to forward the item for Council approval.
Prepared by: Todd Vasquez-Housley, Environmental Resources Division Manager, Brian Yanez, Assistant Public Works Director
ATTACHMENTS
1. 3rd Amendment to A-8221
2. A-8221 through 2nd Amendment
3. Assignment and Assumption
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Agreement No. A-8221
THIRD AMENDMENT TO MASTER EQUIPMENT LEASE/RENTAL AGREEMENT This Third Amendment (“Third Amendment”) to the master equipment lease/rental(“Agreement”) is made and entered into in the County of Ventura, State of California, this______ day of __________, 2022, by and between the City of Oxnard, a municipal corporation(“City”), and Big Truck Rental, LLC (“BTR”). This Third Amendment amends the Agreemententered into on June 16, 2020 by City and Amrep Manufacturing Company, LLC. TheAgreement previously has been amended on December 21, 2021, by a Second Amendment, andon June 15, 2021, by a First Amendment.
WHEREAS, on October 20, 2020 Amrep assigned the Agreement to BTR and theCity approved of such assignment.
NOW THEREFORE, City and BTR agree as follows:
1. The lease/rental terms set forth in Exhibit “A” of the Agreement are herebyextended on a month to month basis for an additional twelve months for a maximum lease/rentalterm of thirty six (36) months.2. The lease/rental terms set forth in Exhibit “B” of the Agreement are herebyextended on a month to month basis for an additional twelve months for a maximum lease/rentalterm of eighteen (18) months.
3. As so amended, the Agreement remains in full force and effect. [Signatures on next page]
THIRD AMENDMENT TO MASTER EQUIPMENT LEASE/RENTAL AGREEMENT (V-01-17-19)) 1of 2
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Agreement No. A-8221
IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date firstwritten above.
CITY OF OXNARD BIG TRUCK RENTAL, LLC
☐ John C. Zaragoza, MayorDate Scott Smith, Date
1 ☐ Alexander Nguyen, City Manager Director of Municipal Sales☐ , Purchasing Manager☐ , Buyer Eric Voss, DateATTEST: Vice President, Sales Rose Chaparro, City ClerkDate(only if Mayor signs)
APPROVED AS TO FORM:
Stephen M. Fischer, City DateAttorney (always required) 1 THIRD AMENDMENT TO MASTER EQUIPMENT LEASE/RENTAL AGREEMENT (V-01-17-19)) 2of 2
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CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.12
DATE: June 21, 2022
TO: City Council
FROM: Eden Alomeri, Billing and Licensing Director, (805) 385-7811, [email protected]
SUBJECT: Agreement No. A-8467 with Infosend, Inc. for Utility Bill and Business Tax Form Printing, Inserting and Mailing Services.
RECOMMENDATION
That the City Council approve and authorize the Mayor to execute a three-year agreement with Infosend, Inc. for utility bills and business tax form printing, inserting and mailing services in an amount not to exceed $996,534 to commence on July 1, 2022, through June 30, 2025.
(Finance and Governance Committee approved 2-0)
BACKGROUND
The Department of Billing and Licensing creates the charges for water, wastewater and solid waste services delivered to customers within the City and in selected surrounding areas. Utility bills are mailed daily Monday through Thursday to approximately 45,000 customers each month. The department also sends out notices of business tax renewals to approximately 12,000 individuals and establishments who conduct business or are based within the City. Approximately 1,000 business tax renewal forms and 1,000 business tax certificates are mailed out each month. Infosend, Inc. is currently performing the printing, inserting and mailing services for the City. The agreement with Infosend, Inc. expires on June 30, 2022.
DISCUSSION
On February 15, 2022, the Department of Billing and Licensing launched a request for proposals (RFP) for utility bill and business tax form printing and mailing services. Five respondents submitted their proposals, and each proposal was evaluated and rated based on price, performance, location, quality of work and experience. Based on this, staff recommends awarding the agreement to Infosend, Inc.
The lowest price was offered by Sebis Direct Inc. Sebis does not have a USPS detached mail unit inside its facility, so it will need to transport our bills to the nearest USPS office daily. The vendor is also located in Illinois. The combination of these two facts will make it such that the mailing of the bills will take between three to seven days to arrive at our customers' mailboxes. The second lowest proposal came from Infosend, Inc., which is located in Anaheim, California, and has a USPS Detached Mail Unit facility located inside its facility. Thus, it will only take two to three days for the bills to reach the customers. Staff believes this is a critical difference in services offered.
Second, the City has used Infosend for the past decade, and the various City departments who use the inserts as a way of disseminating information usually outsource the printing of inserts to local printers (e.g., Custom Printing in Oxnard).
The local printers deliver the boxes of inserts in person to Infosend at no charge or ship the boxes to Anaheim. Shipping inserts to Illinois will incur the City more expense, though we do not know how this expense will compare with the difference of $2,000 per year between Sebis and Infosend. 248
Third, Sebis did not provide a response to some of the questions in our RFP, and its three references did not respond to our calls. In contrast, Infosend has been a business partner of the City since July 2012. They consistently provide high quality products and exceptional service using state-of-the-art equipment. Infosend specializes in supporting over 550 public agency clients nationwide. They distribute more than 240 million printed and electronic documents annually.
Finally, Infosend has been through over 100 successful Tyler implementations. Some of these conversions were with former Central Square clients who converted to the Tyler system. The City’s Utility Billing and Business Licensing systems are scheduled to convert to Tyler system in the next few years, and having a vendor with this experience will be invaluable. For all the reasons stated above, staff recommends Council award the contract to Infosend.
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 total cost of the three-year agreement with Infosend, Inc. amounts to $996,534. The Fiscal Year 22-23 estimated cost of this agreement is $316,109. The Fiscal Year 22-23 recommended budget will include $19,144 from the General Fund ($7,394, account 101-1203-801-8209 and $11,750, account 101-1203-801-8101) and $296,965 from the proposed Utility Billing Fund ($58,865, account 725-1211-852-8216 and $238,100, account 725-1211-856-8101). Funding for the remaining contract amount in future years will be included in the recommended budgets of each fiscal year.
COMMITTEE OUTCOME
The Finance and Governance Committee approved 2-0 on May 24, 2022, to approve the staff recommendation and to forward the item for Council approval.
Prepared by: Armida Monares, Treasury Supervisor
ATTACHMENTS
1. A-8467 Infosend, Inc.-final
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Agreement No. A-8467
AGREEMENT FOR TRADE SERVICES
COVER PAGE
(1) Agreement Start Date: July 1, 2022
(2) Vendor: Infosend, Inc.
(3) Services: Utility Bill and Business Tax form Printing, Inserting and Mailing Services (4) Schedule of Services: Monday to Friday 8am – 5pm
●See Scope of Services Exhibit-A and Rate and Costs Exhibit-B, which is attached hereto and incorporated herein.
(5) Agreement Ending Date: June 30, 2025
(6) Total Agreement Amount: $ 996,534
(7) City’s Project Manager: Armida Monares, Billing & Licensing Supervisor (8) Vendor’s Project Manager: Matt Schmidt, Chief Operating Officer (9) Insurance Coverage: INS-A
(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: 4240 E La Palma Ave,
Anaheim, CA 92807
Attn: Russ Rezai, President
(12) Contact Emails:
FOR CITY: 214 South C Street, Oxnard, CA 93030
Attn: Armida Monares, Billing & Licensing Supervisor
[email protected] [email protected] VENDOR’S PROJECT MANAGER: CITY’S PROJECT MANAGER:
Matt Schmidt, Chief Operating Officer Armida Monares, Billing & Licensing Supervisor 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 Insurance Exhibit (INS-C)
250
Agreement No. A-8467
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