Agenda packet — Oxnard City Council, July 28, 2022 (part 2 of 3)

AGREEMENT FOR PROFESSIONAL SERVICES (V-07/26/18)
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Agreement No. 9109-21-HR

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

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

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

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

35. Notice. Except as otherwise required by law, a notice or communication authorized or required by this Agreement shall be in writing and shall be deemed received-on (a) the day of delivery if delivered by hand or overnight courier service during City's regular business hours or (b) the third business day following deposit in the United States mail, postage prepaid-to the addresses listed as "(10) Addresses for Notice" on the Cover Page or at such other address as one party may notify the other in writing.

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

A signed copy of this Agreement transmitted by email to Project Managers' emails listed in "(11) Contact Emails" on the Cover Page or by other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes.

37. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect
[Signatures on next page]

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[N WITNESS WHEREOF, the parties hereto have executed.the Agreement on the date that is written as "(1) Agreement Start Date" on the Cover Page.

CITY OF OXNARD
□ Manager
□ Daniel Willhite, Purchasing Agent
□, Buyer
ATrE�.

Ro&eOm_t=
Clerk (only if Mayor signs)
APPROVED AS TO FORM:

Stephen M. Fischer, City
Attorney (always required)

GALLAGHER BENEFITS SERVICES
Mike Verdoom, Princial Consultant Date
Date
Date
1 The City Council must authorize and the Mayor mu.rt sign any agreement over $175,00.0 annually. The City Manager may authorize and sign any agreement over $100,000 but up to $175,000 annually. The Purchasing Manager may authorize and sign any agreement up to $100,000 annually. A.Buyer may authorize and sign any agreement up to $25,000 annually.

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Agreement No. 9109-21-HR
Agreement Sfart Date" on the Covl!I' Page.

IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the date that is written a, "(I)

CITY OF OXNARD
□John C. 1.anlgoza, Mayor' Dile
□
□Alexander
Daniel Willhite, Purchasing
Nguyen, City Manager
Agent
□,Buyer
ATfEST:

Rose Chappan>, City Date·
Cleric (only if Mayor signs)
APPROVED AS TO FORM:

Stephen M. Fischer, City Dair:

Attorney (always required)

GALLGHER BENEFITS SERVICES
bJ 'VL � u��o,_,
I c Verdoom, Princial Consultant Date
1 The City CouncH must authorize and the Mayor must sign any agreement over $175,000 annually. The City Manager may authom.e
Manager
and sign any agreement over $ l 00,000 but up to $175,000 annually. The Purchasing may authori:ze and sign any agreement up to $100,000 amtually. A Buyer may autb<lrize and sign any agreement up to $25,000 annually.

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AOREEMENT FOR PROfESSJONAL SERVICER (V.m/26118)
https://mail.googla.com/mail/u/Ol?tab=rm&ogbl#inbox/WhctKJWQdhhkhpfKDRqqWMhnQVXmqlctVdVtlgLDPHRBsbkqCDWBpCCBBIPwnsCLsfvwwdb... 1/1 252

SCOPE OF SERVICES EXHIBIT

PROJECT WORK PLAN
Agreement No.

Based on our understanding of your needs, we have prepared a detailed summary of the phases of a work plan we believe addresses your stated issues.

Study Phases I Tasks & Activities
I. Project
Initiation and
Administration
II. Compensatio
n Survey
Administration and
Analysis
III. Salary
Structure Update and
Implementation
IV. Project
Finalization
- - -- - -
Initial meetings (up to three) conducted by phone with the City management, HR, governance and others as appropriate to address current issues related to compensation, pay and structure, policies, philosophies and strategies.

Organization, classification, compensation, and job description material collected.

Project timetable refined.

Discussion of comparable labor market and survey sources.

Review the approximately 60 benchmark jobs/classifications for collecting market data.

Review and update the custom survey instrument and labor market for distribution
Collect market base salary data from published survey sources such as wrw Towers Watson, Mercer, CompData, and/or other surveys the City participated.

Provide analysis of how current employees are compensated compared to the identified labor market
Conduct a competitive analysis to determine whether the City leads, lags or is consistent with the market
Review the City current pay structure and provide recommendation for adjustments/updates based on new market data.

Depending on overall cost to implement, immediate and/or phase in implementation options will be developed.

Review and finalization of recommendations.

Ongoing virtual meetings with the City regarding study progress and results.

Development of draft report for review and approval.

Meeting with HR and the City leadership to present study findings.

Final report delivery and presentation.
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Agreement No.

ESTIMATED TIMING
The schedule below is an estimate to complete each phase by month that is advisable for this type of project.

We will discuss the details of each phase during Phase I and identify specific deadlines for the project at that time. We will conduct frequent conference calls with the City and Gallagher to ensure that the schedule is monitored throughout the project.

As shown in the schedules presented below, Gallagher employs a sequential process of conducting a study of this nature although some tasks can be conducted simultaneously. 1 Project Initiation and
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' UI ! Salary Structure Update and Implementation
IV : Project Finalization
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RATES AND COSTS EXHIBIT

PROPOSED FEES & RA TES
The total estimated cost for the custom survey, data analysis and virtual meetings with the City will cost $50,000.
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INSl"RANCE EXHUUT
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Agreement No. 9338-21-HR

SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES This Second Amendment ("Second Amendment") to the Agreement for Professional Services ("Agreement") is made and entered into in the County of Ventura, State of California, this 20th day of June, 2022, by and between the City of Oxnard, a municipal corporation ("City"), and Gallagher Benefits Services, Inc. ("Consultant"). This Second Amendment amends the Agreement entered into on September 28, 2021, by City and Consultant. The Agreem'ent previously has been amended on April 7, 2022.

City and Consultant agree as follows:

1. The date in Section 5 of the Cover Page of the Agreement is hereby amended to June 30, 2023.

2. The amount $100,000 in Section 6 of the Cover Page of the Agreement is hereby amended to "$200,000."

3. As so amended, the Agreement remains in full force and effect. [Signatures on next page]
HRST AMENDMENT TO PROFESSIONAL SERVICES (V-01-17-19))
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Agreement No. 9338-21-HR
FIRST AMENDMENT TO PROFESSIONAL SERVICES (V-01-17-19)
IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.

CITY OF OXNARD GALLAGHER BENEFITS SERVICES, INC.
☐ John C . Z aragoza, M ayor1 Date Georg S. Krammer, Managing Director Date ☐Alexander Nguyen, City Manager
☐Jennifer Yates, Purchasing Manager
☐___________, Buyer
Catherine B. Kaneko, Treasurer Date
ATTEST:

Rose Chaparro, City Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:

Stephen M. Fischer, City Date
Attorney (always required)
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Agreement No. 9338-21-HR

FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES
This First Amendment ("First Amendment") to the Agreement for Professional Services ("Agreement") is made and entered into in the County of Ventura, State of California, this 7th day of April, 2022, by and between the City of Oxnard, a municipal corporation ("City"), and Gallagher Benefits Services, Inc. ("Consultant"). This First Amendment amends the Agreement entered into on September 28, 2021, by City and Consultant.

City and Consultant agree as follows:

1. The date in Section 5 of the Cover Page of the Agreement is hereby amended to December 31, 2022.

2. The amount $70,000 in Section 6 of the Cover Page of the Agreement is hereby amended to "$100,000."

3. As so amended, the Agreement remains in full force and effect. [Signatures on next page]
FIRST AMENDMENT TO PROFESSIONAL SERVICES (V-0l-17-19))
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Agreement No. 9338-21-HR
IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.

CITY OF OXNARD
L )rw--J;. I { i�, ·/-/ ,.,,.
. ,.. n John a: Zarag6m, Mayor
1 Dnh:
□ Alexander Nguy en, City Manager
X Jennifer Yates, Purchasing Manager
I ____ ., Buyer
ATTEST:

Rose Chaparro, City Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:
�.--- ½0, :2roJs1ephen M. Fischer, City ' Date
Attorney (always required)
GALLAGHER BENEFITS SERVICES, INC.

Georg S. Krammer, Managing Director Date
Catherine B. Kaneko, Treasurer Date
FlRST AMENDMENT TO PROFESSIONAL S�:RVICES (V-01-17-19)
276
Agreement No. 9338-21-HR
IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date f1r5t written above.

CITY OF OXNARD GALLAGHER BENEFIT SERVICES, INC.

A'ITEST:

Rose Chaparro, City Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:

Stephen M. Fischer, City Date
Attorney (always required)
FIRST AMENDMENT TO PROFESSIONAL SERVICES (V-0 t-17-19)
277

AGREEMENT/ AMENDMENT REVIEW FORM
Please write in NIA for anv section that is not applicable Cqoir•cwrL��do!/C�nsQftant: ... K_o_FiF_AND_. _AS�s_o_c_rA_�_s _________ Agreement ND� _s838-21-HR M:dros5,• _)ifa!l SEVEIJTl-i STREET', lfERKELY . or,, mmiContact: Name; ffiANI< �� -��------- Ema II: FROJA.S@KOl'FAE!'iClCIAlES.COl,il INS-L Council Date: ________ _
q.1imc:U Agetitfa tL ______ _
Department: HUMAN RESOURCES Contingency Requested: $ __________ _ Project Manager:._L_IS_A_B_A _KE_R ___ �-�- EISPM Funds 1 Requested: $ __________ _ Phone: B05-3B5-7596 Value of Agreement : $..:..70.:..:.,o.:....:o...:.o ___________ _ Email: [email protected] Amendment No: ______________ _ Type of Agreement:__. ______ _
Value of Amendment:$ ____________ _
Business Tax Cert No. ________ _ Current Agr. Val. (w/amendments) $ ________ _ Secretary of State ID: ________ __ P.O. No. (if existing agreement): _________ _ Agreement Term: _________ _ Req. No. (if new agreement): ...::.

5..:....59_1_✓ ________ _
Termination Date:_613_0,_20__22 ______ _ Funding Source: _______________ _ BidNo.: µ/A Account No.2
: VARIOUS DEPARTMENTS
NSS Control#: IL/� ;l. 7 /
Purpose of Agreement/ �"'"'"::iment; VARIOUS CITY EXECUTIVE RECRUITMENTS \. _ ({J,J:_i/Ouh--1� T5'D _VlA �,b�-/& �lafx fuJ�) I fl j ii! .;
I
Review Sgr,uens,e,wJeascJi!rjte in NIA ,wri.mx teps no,t. roouiredl L Project Manager

2. Division Manager

3. Assistant Department Director

4. Department Director

5. General Accounting (foJ. Leases OJJly) � 6, Budget Management ( h,1f!,flfl3 VI a, IZTf:- - TBDJ

7. Risk Management3
S. City Attorney

9. Contractor/Vendor/Consultant (signs contract; no need to initial this form)

10. Buyer5
11, Purchasing Manager6

12. City Manager/ACM7

13. Mayor8

14. City Clerk9
--i
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v2 Rev. 04/26/21
278

AGREEMENT FOR PROFESSIONAL SERVICES

COVERPAGE
(I) Agreement Start Date: 7/20121/'
(2) Consultant: Gallagtrer Benefits Services, Inc.
(3) Services: Various Executive Recruitments
( 4) Schedule of Services: See ·schedule of Services
(5) Agreement Ending Date: 6/30/2022
(6) Total Agreement Amount: $70,000
(7) City's Project Manager: Lisa Baker
(8) Consultant's Project Manager: Frank Rojas
(9) Insurance Coverage: INS-B
(IO) Addresses for Notice:

FOR CONSULTANT: FOR CITY:
2835 Seventh Si.

Berkeley, CA 94710
Attn: Frank Rojas,
(11) Contact Emails:

CONSULTANT'S PROJECT
MANAGER:
froj a:;@k:offassociates.com
300 W. 3
rd St.

Oxnard, CA 93030
Attn: Lisa Baker,
CITY'S PROJECT MANAGER:
lisa" [email protected]
Agreement No. 9338-21-HR
The Agreement for Professional Services is attached hereto and incorporated herein by this reference. The following exhibits are also attached hereto and incorporated herein by this reference into the Agreement:

X Scope of Services Exhibit
X Ra,tes and Costs Exhibit
X In1urance Exhibit,(INS-B) ,,,
-
l•llllf&ea
' ·-
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Agreement No. 9338-21-HR

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

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

2. Standard of Performance. Consultant shall undertake and complete the Services to conclusion using the standard of care, skill and diligence normally provided by a professional person in the performance of similar consulting services.
3, Correction of Errors. Consultant shall correct, at its expense, all errors which may be disclosed during review of the Services. Should Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by City, and the cost thereof shall be paid by Consultant. 4, Term. This Agreement shall begin on the date that is written as "(l) Agreement Start Date" on the Cover Page and shall end on the date that is written as "(5) Agreement Ending Date" on the Cover Page. Time is of the essence in this Agreement.

5. Compensation. For the Services performed during the term of this Agreement, City shall pay Consultant an amount not to exceed the amount that is listed as "(6) Total Agreement Amount" on the Cover Page, at the rates listed in Rates and Costs Exhibit, attached hereto and incorporated herein by this reference. The rates in Rates and Costs Exhibit shall be in effect through the end of this Agreement. Except as otherwise expressly provided in this Agreement, City shall not be responsible for expenses incurred by Consultant in performing the Services.
fi. Invoices. Consultant shall submit a payment request to City by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month. Each invoice must also list the current balance on the Agreement, including that invoice, as well as the months remaining on the term of the Agreement. Invoices may be emailed to: [email protected].

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

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

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conclusion of the last fiscal year in which City appropriated sufficient funds and shall automatically terminate at that fiscal year's conclusion.
�- Coordination of Services. The Services shall be coordinated with the person in the position listed in "(7) City's Project Manager'' on the Cover Page, subject to the direction of the City Manager and Department Director. Consultant hereby designates the person in the position listed in "(8) Consultant's Project Manager" on the Cover Page as the person responsible for the Services who shall coordinate with City's Project Manager in making binding decisions in line with this Agreement on behalf of Consultant. l 0. Personnel. Consultant represents that it has, or shall secure at its own expense, all personnel required to perform the Services. Any person who performs engineering services pursuant to this Agreement shall be licensed as a Civil Engineer by the State of California and in good standing. Consultant shall make reasonable efforts to maintain the continuity of Consultant's staff who are assigned to perform the Services. Consultant may associate with or employ associates or subcontractors in the performance of the Services, but at all times shall Vendor be responsible for its associates and subcontractors' labor, advice or materials provided in furtherance of providing the Services. Should any of Consultant's employees, assigns or subcontractors not conduct him- or herself appropriately, as determined by the City's Project Manager, in the process of providing the Services or any portion thereof, the City's Project Manager may notify the Consultant's Project Manager, who shall immediately handle the problem, as determined appropriate by him or her, such that the problem does not persist.

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

12. Audit. City shall have the option of inspecting, auditing and/or reproducing all records and other written materials used by Consultant in preparing its billings to City as a condition precedent to any payment to Consultant. Consultant will promptly furnish all documents requested by City. Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit Consultant for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, Consultant shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement. Consultant shall include a copy of this Section 12 in all contracts with its subcontractors, and Consultant shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or City.

13. Termination. City may terminate this Agreement at any time, with or without cause and without penalty, upon 15 days prior written notice. Such termination shall be effective on the date specified in the notice, or if no date is specified, then IO calendar days from the date of delivery or mailing of such notice. Consultant may terminate this Agreement at any time, with or without cause and without penalty, upon 30 days prior written notice.

Such termination shall be effective on the date specified in the notice, or if no date is specified, then l O calendar days from the date of delivery or mailing of such notice and only if all assignments accepted by Consultant have been completed before the date of termination. In the event of termination of this Agreement by either party due to no fault or failure of performance by Consultant, City shall pay Consultant compensation for all Services satisfactorily completed in accordance with all of the terms and provisions of this Agreement, as determined by the City, before the effective date of termination; provided, in no event shall the Consultant receive an amount exceeding that which would have been paid to Consultant for the full performance of the Services.

1.4. Hold Harmless. Defense.Indemnity and Limitation of Liability,

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If Consultant provides no design professional services, to the maximum extent permitted by law, Consultant shall hold harmless, defend and indemnify the Indemnitees from and against any and all Claims, which pertain to, or relate to the performance of this Agreement, or the failure to comply with any of the obligations contained in this Agreement, by Consultant or of any of its officials, directors, officers, employees, subcontractors, or agents, excepting liabilities caused by the sole or active negligence or willful misconduct by the City or its agents, servants, or independent contractors, other than Consultant, who are acting on behalf of the City. Consultant's obligation to defend is a separate and distinct obligation from Consultant's duty to indemnify and applies through final judgment, including exhaustion of any appeals. Consultant shall be obligated to defend Indemnitees in all legal, equitable, administrative, or special proceedings, with counsel approved by the City Attorney, immediately upon tender to Consultant of the Claim in any form or at any stage of an action or proceeding. The defense obligation includes the obligation to provide independent defense counsel if Consultant asserts that the liability is caused in whole or in part by the negligence or willful misconduct of any of the Indemnitees .. a. Consultant's liability to the City and any other party for any losses, injury or damages to persons or properties or work performed arising out of in connection with this Agreement and for any other claim, whether the claim arises in contract, tort, statute or otherwise, shall be limited tci the amount of the total fees due to Consultant from City for the particular Services giving rise to the claim. NOTWITHSTANDING ANYTHING TO

THE CONTRARY IN THIS AGREEMENT, CONSULTANT SHALL NOT BE LIABLE FOR ANY SPECIAL,

INDIRECT, CONSEQUENTIAL, LOST PROFITS, OR PUNITIVE DAMAGES SUSTAINED OR INCURRED IN CONNECTION WITH THIS AGREEMENT, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE. b. The review, acceptance or approval of Consultant's work or work product by any of the Indemnitees shall not affect, relieve or reduce Consultant's indemnification or defense obligations. This Section 14 shall survive completion of the Services or termination of this Agreement. The provisions of this Section 14 shall not be restricted by and does not affect the provisions of this Agreement relating to insurance.

15. Insurance. Consultant shall obtain and maintain during the performance of any services under this Agreement the insurance coverages listed within the insurance document stated in "(9) Insurance Coverage" on the Cover Page and in the Insurance Exhibit, which is attached hereto and incorporated herein by this reference, unless the City's Risk Manager waives, in writing, the requirement that Consultant obtain and maintain such insurance coverages. Consultant shall, before performance of any Services, file with the City's Risk Manager evidence of insurance coverage as specified in "(9) Insurance Coverage" on the Cover Page and in the Insurance Exhibit.

Maintenance of insurance coverages by Consultant is a material element of this Agreement. Consultant's failure to maintain or renew insurance coverages or to provide renewal evidence, and any lapse in insurance coverage, may be considered a material breach of this Agreement.

16. Documents and Materials.
a. All final computations, exhibits, files, plans, correspondence, reports, drawings, designs, data, photographs, specifications, information, images, video files, media, or other deliverables prepared, created, drawn, calculated, photographed or developed by Consultant pursuant to this Agreement ("Documents and Materials") shall be the City's property without restriction or limitation upon its use, duplication or dissemination. All Documents and Materials shall be considered "works made for hire," and all Documents and Materials and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the City without restriction or limitation upon their use, duplication or dissemination by the City. Consultant shall not obtain or attempt to obtain copyright protection as to any Documents and Materials. Consultant hereby assigns to the City all ownership and any and all intellectual property rights to the Documents and Materials that are not otherwise vested in the City pursuant to this Section 16. h. Consultant shall deliver all Documents and Materials to City's Project Manager upon completion of the Services or termination of this Agreement without additional cost or expense to the City. Additionally, anytime at City's request, City shall be entitled to possession of, and Consultant shall furnish to City's Project Manager within 10 calendar days, any or all of the Documents and Materials without additional cost or expense to the City. In both situations, if Consultant prepares Documents and Materials on a computer, Consultant shall provide City with said Documents and Materials both in a printed format and in an electronic format that is acceptable to the City. Consultant may retain copies of these Documents and Materials but must request permission from the City

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before use, duplication or dissemination of these Documents and Materials for any purpose other than for the Services provided to the City pursuant to this Agreement. c, Any substantive modification of the Documents and Materials by City staff or any use of the completed Documents and Materials for other City projects, or any use of incomplete Documents and Materials, without the written consent of Consultant, shall be at City's sole risk and without liability or legal exposure to Consultant.
d. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Documents and Materials, and that the City has full legal title to and the right to use, duplicate or disseminate the Documents and Materials.

Consultant shall defend, indemnify and hold Indemnitees harmless from any loss, claim or liability in any way related to a claim that City's use of any of the Documents and Materials is violating federal, state or local laws, any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the services and Documents and Materials. In the event the use of any of the Documents and Materials by the City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its own expense, shall: secure for City the right to continue using the Documents and Materials by suspension of any injunction, or by procuring a license or licenses for City; or modify the Documents and Materials so that they become non-infringing while remaining in compliance with the requirements of this Agreement.
e. Notwithstanding the foregoing, Consultant will retain sole and exclusive ownership of all right, title and interest in and to its intellectual property and derivatives thereof which no data or confidential information of the City was used to create and which was developed entirely using Consultant's own resources. To the extent Consultant's intellectual property is necessary for the City to use the services provided, Consultant will grant to the City a non-exclusive, royalty-free license to Consultant's intellectual property solely for the City's use of such services.
f. This Section 16 shall survive the termination of this Agreement. ] 7. Confidentiality of Information.
a. For the purposes of this Agreement, "Confidential Information" means all information, in whatever form transmitted, relating to the past, present or future business affairs of the City, including without limitation, (i) technical information, including patent, copyright, trade secret, and other proprietary information, techniques, sketches, drawings, models, inventions, processes, apparatus, equipment, algorithms, software programs, software source documents, and formulas; or (ii) non-technical information, including without limitation finances, financial and accounting data and information, suppliers, customers, customer lists, purchasing data and any other information belonging to the City or to a third party whose information is in the City's possession or control under obligations of confidentiality, and which is disclosed to Consultant or is developed by Consultant in whole or in part at the City's expense.
b. All Documents and Materials shall be considered Confidential Information and shall not be reproduced, transmitted, disclosed or used by the Consultant without the written consent of the City, except as may be necessary for Consultant to fulfill its obligations to the City. c. Notwithstanding the above, these limitations shall not apply to infonnation that (i) is already known to Consultant at the time of that information's disclosure or becomes publicly known through no wrongful act or omission of Consultant, (ii) is communicated to a third party with the express written consent of City and is not subject to restrictions on further use or disclosure, (iii) is independently developed by Consultant and has no relation to this Agreement, or (iv) is required by law, court order, court-issued subpoena or other legal process to be disclosed; provided, however, that before making such disclosure, Consultant shall immediately provide City with

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written notice and a reasonable opportunity for City to object to the disclosure or to take action to maintain the confidentiality of the information, unless such prior disclosure is legally impermissible. d. Consultant shall use reasonable care to protect the Confidential Information. In the event of a breach or threatened breach of this Agreement, City shall be entitled to obtain an injunction prohibiting any such breach, the costs of which shall be paid by Consultant. Any relief granted shall be in addition to and not in lieu of any other legal or equitable relief, including money damages. The parties acknowledge that Confidential Information is valuable and unique and that disclosure of the Confidential Information in breach of this Agreement may result in irreparable injury to the City.
e. Other than an obligation upon the City to deal in good faith, the City makes no warranties and shall bear no liability or responsibility for errors or omissions in any Confidential Information disclosed under this Agreement or for any business decisions made by Consultant in reliance on any Confidential Information disclosed under this Agreement.
f. This Section 17 shall survive the termination of this Agreement.

18. Independent Contractor. Consultant is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its employees or agents shall have control over the conduct of Consultant or any of its employees, except as stated in this Agreement. Consultant has and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting Consultant, and it is free to dispose of all portions of its time which it is not obligated to devote to City in such a manner and to such persons, firms, or corporations as Consultant wishes except as expressly provided in this Agreement. This Agreement shall not be interpreted to prevent or preclude Consultant from rendering any services for Consultant's own account or to any other person or entity as Consultant in its sole discretion shall determine; provided, however, that performing such services shall not materially interfere with the Services Consultant shall perform for the City. Except as City's Project Manager specifies in writing, Consultant and its employees and agents have no authority, express or implied, to act on behalf of City in any capacity, to incur any debt, obligation or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent. Consultant and its employees are not employees of City. Consultant and its employees are not entitled to receive from City any of the benefits or rights afforded employees of City, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long-term disability and workers' compensation insurance benefits. Consultant shall not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall be solely responsible for, and shall save City harmless from, all matters relating to the payment of Consultant's subcontractors, material suppliers, directors, officers, employees, agents and representatives, including compliance with social security requirements, federal and State income tax withholding, and all other regulations governing employer-employee relations, as applicable. City shall have the right to offset against the amount of any comperisation due to Consultant under this Agreement any amount due to City from Consultant as a result of its failure to promptly pay to City any reimbursement or indemnification arising under this Section 18.

19. Nondiscriminatory Employment. Consultant shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status. Consultant understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, Consultant shall be responsible for such subcontractor's compliance with this Section 19.

20. Consultant's Representations. Consultant represents, covenants and guarantees that: a) Consultant •is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the Services in accordance with the terms and conditions set forth in this Agreement; b) there are no obligations, commitments, or

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impediments of any kind that will limit or prevent Consultant's full performance under this Agreement; c) to the extent required by the standard of practice, Consultant has investigated and considered the scope of Services performed, has carefully considered how the Services should be performed, and understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement.

21. Compliance with Laws. In performing the Services under this Agreement, Consultant shall comply with all applicable laws, ordinances and regulations. Before providing any Services under this Agreement, Consultant shall, at its own expense, obtain and maintain all required certificates, licenses and permits, including a City business tax certificate.

22. Conflict of Interest. If, in performing the Services set forth in this Agreement, Consultant makes, or participates in, a "governmental decision" as described in Title 2, Section 1870l(a)(2) of the California Code of Regulations, or performs the same or substantially all the same duties for City that would otherwise be performed by a City employee holding a position specified in City's conflict of interest code, Consultant shall be subject to City's conflict of interest code, the requirements of which include the filing of one or more statements of economic interests disclosing the relevant financial interests of Consultant's personnel providing the Services set forth in this Agreement. Furthermore, Consultant shall not to accept any employment or representation during the tenn of this Agreement or within 12 months after completion of the Services which is or may likely make Consultant "financially interested," as provided in California Government Code Sections 1090 and 87100, in any decisions made by City on any matter in connection with which Consultant has been retained pursuant to this Agreement.

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

24. Non-Assignability. This Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's personnel's unique competence, experience and specialized personal knowledge. Consultant shall not assign or transfer any interest in this Agreement or any part thereof, whether by assignment or novation, without City's prior written consent, which may be withheld for any reason or for no reason at all. Any purported assignment without written consent shall be null, void, and of no effect, and Consultant shall hold harmless, defend and indemnify Indemnitees from and against all Claims arising from or relating to any unauthorized assignment.

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

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

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

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

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

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

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

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35. Notice. Except as otherwise required by law, a notice or communication authorized or required by this Agreement shall be in writing and shall be deemed received---0n (a) the day of delivery if delivered by hand or overnight courier service during City's regular business hours or (b) the third business day following deposit in the United States mail, postage prepaid-to the addresses listed as "(10) Addresses for Notice" on the Cover Page or at such other address as one party may notify the other in writing.

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

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

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IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the date that is written as "(l) Agreement Start Date" on the Cover Page.

CITY OF OXNARD GALLAGHER BENEFITS SERVICES, INC.
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oi¥ ·( C. Zaragoza, Ma:�o
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1 Date Georg S. Krammer, CEO
□�ndar Ngt1yeo1 Cey Ml'lllage
X Daniel Willhite, Purchasing Agent
□ Buyer
Date
Catherine B. Kaneko, Treasurer Date
ATTEST:

Rose Chaparro, City Date
Clerk (only if Mayor signs).

APPROVED AS TO FORM:
1 The City Council must authorize and the Mayor must sign any agreement over $200,000 annually. The City Manager may authorize and sign any agreement over $100,000 but up to $200,000 annually. The Purchasing Manager may authorize and sign any agreement up to $100,000 annually. A Buyer may authorize and sign any agreement up to $25,000 annually.

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□ John C. ZaragoD, Mayor Date
□ A]exander Nguyen, City Manager
X Daniel WUlhite, Purchasing Agent
□ Buyer
ATTEST:

Rose Ciaparro, City Dam
Clerk (only if Mayor signs)
APPROVED AS TO FORM:

S�n M. Fischer, City DUe
Attorney (always required)
Agreement No. 9338-21·HR
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I The City Council must authorize and the Mayor must sign any agreement over $200,000 BMuaUy. Tho City Manager
Manager
may authorize and sign any agreement over $100,000 but up to $200,000 annually. The Purchasing agreement
may authorize and sign any agreement up to $100,000 annually. A Buyer may authorlm and sign any up to $25,000 annually.

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Agreement No.

SCOPE OF SERVICES EXHIBIT
Phase I:
• Meet with 'City' to gather information and develop specifications and ideal candidate profile • Coordinate with City on development of recruitment brochure for the Executive Recruitment • Complete recruitment brochure and post brochure on Consultant's website • Place ads in appropriate sources
• Print and distribute brochure
• Receive all resumes, provide acknowledgement
• Keep client updated on recruitment progress
• Conduct proactive outreach by initiating contact with potential applicants and referral sources Phase II:
• Identify/screen candidates
• Conduct preliminary interviews
• Submit report/overview to City
• Meet with City to identify finalists; set interview date, contact candidates & schedule accordingly • Notify all applicants of status in the recruitment
Phase Ill:

Task 1- Provide questions menu, schedules, and all follow up materials Task 2 - Facilitate process for first and final interviews, as needed Task 3 - Conduct thorough background and reference checks Task 4 - Contract negotiations (if requested)
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Agreement No. 9338-21-HR

RA TES AND COSTS EXHIBIT
The cost (professional fees) for the above activities will vary per Executive Recruitment. A full rectuitment shall not exceed $23,000, which includes reimbursable expenses up to $5,500.

Reimbursable expenses include advertising costs, brochure printing, supplies, shipping costs.

Professional fees and reimbursable expenses are billed monthly.

Neither the City nor Consultant shall provide travel costs for candidates.

Non-solicitation:

Except with the written consent of Georg Krammer or Katie Kaneko, CEO and President respectively of Koff & Associates, which consent may be given or withheld in their sole discretion, Client agrees that during the term of this Agreement and for a period ending one year thereafter (the ''Time Period") Client will not solicit services from or hire any K&A employee or contractor (each, a "Team Member") with whom Client has had contact pursuant to the services provided to Client under this Agreement. Client specifically acknowledges that K&A recruits, trains, and contracts with Team Members and that such efforts are costly and time-consuming. As such, it is understood that should Client hire a Team Member during the Time Period for any reason without the required consent, Client agrees to pay a placement fee (paid at the time of placement) of 30% of Team Member's first year's total compensation which accurately reflects a reasonable estimate of K&A's time and costs attendant to its recruitment, hiring, retention, and management ofTeam Members. 290
Agree111en1 No.
fNSURANCI!: EXHIBIT (ll'iS-BJ
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CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.9
DATE: July 28, 2022
TO: City Council
FROM: Stephen Fischer, City Attorney, (805) 385-7483, [email protected] SUBJECT: Adoption of Single-use Foodware Accessories and Standard Condiments Ordinance No. 3017.

RECOMMENDATION
That the City Council adopt Ordinance No. 3017 titled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD ADDING ARTICLE XXIV TO CHAPTER 7 OF THE OXNARD CITY CODE IN COMPLIANCE WITH ASSEMBLY BILL NO. 1276, TO RESTRICT THE DISTRIBUTION OF SINGLE-USE FOODWARE ACCESSORIES AND STANDARD CONDIMENTS”

BACKGROUND
On July 19, 2022, the City Council by unanimous vote introduced by title only, waiving further reading, an ordinance to comply with Assembly Bill 1276 to designate an enforcement authority regarding new statutory restrictions on single-use foodware such as utensils, stirrers, splash sticks, and condiment packets distributed by food facilities in the City. The ordinance also sets penalties for violations as set forth in AB 1276. If adopted, the ordinance will become effective 30 days after the date of adoption.

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
Adopting this ordinance will have little to no financial impact as enforcement officers will implement this ordinance in their normal work function and capacity. Enforcement will be on a complaint basis.

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Stephen Fischer, City Attorney

ATTACHMENTS

1. AB 1276 Ordinance_Adoption.FINAL
292

CITY COUNCIL OF THE CITY OF OXNARD
ORDINANCE NO. ____________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD ADDING ARTICLE XXIV TO CHAPTER 7 OF THE OXNARD CITY CODE IN COMPLIANCE WITH ASSEMBLY BILL NO. 1276, TO RESTRICT THE DISTRIBUTION OF SINGLE-USE FOODWARE

ACCESSORIES AND STANDARD CONDIMENTS
WHEREAS, plastics persist in the environment for hundreds of years, breaking down into ever smaller pieces through photo, physical, and biological degradation, and enter the food chain when ingested by animals that mistake them for food; and
WHEREAS, AB 1884, signed into law in 2018, prohibits a full-service restaurant from providing singleuse plastic straws to consumers unless requested by the consumer; and WHEREAS, on October 5, 2021, California Governor, Gavin Newsom, enacted Assembly Bill (AB) 1276, which prohibits a food facility from providing without request single-use foodware or standard condiments to consumers; and
WHEREAS, to comply with AB 1276, the City of Oxnard must authorize an enforcement agency to enforce the bill; and
WHEREAS, in the near future, the City will adopt an ordinance restricting the use of expanded polystyrene (EPS) within the City of Oxnard.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OXNARD DOES ORDAIN AS FOLLOWS:

Part 1. Chapter 7 of the Oxnard City Code is hereby amended by adding Article XXIV thereto to read as follows:
“ARTICLE XXIV. SINGLE-USE FOODWARE ACCESSORIES AND STANDARD CONDIMENTS SEC. 7-342. DEFINITIONS
For the purposes of this Article, the following words shall have the following meanings:
(A) “AB 1276” means the California State Assembly Bill regulating the distribution of single-use foodware accessories by food vendors to be made available only upon request of the consumer. The new law applies to plastic and non-plastic single-use foodware items and standard condiments. (B) “Consumer” has the same meaning as in Section 113757 of the Health and Safety Code. (C) “Food facility” has the same meaning as in Section 113789 of the Health and Safety Code. (D) “Ready-to-eat food” has the same meaning as in Section 113881 of the Health and Safety Code. (E) “Refillable Self-service Dispenser” means a container or equipment that is used to hold disposable foodware accessories for customers to obtain at their discretion. (F) “Single-use” means designed to be used once and then discarded, and not designed for repeated use and sanitizing.
(G) “Single-use foodware accessory” means all of the following single-use items provided alongside ready-to-eat food:
(1) Utensils, which is defined as forks, knives, spoons, sporks, and chopsticks. 293
(2) Condiment cups and packets.
(3) Straws.
(4) Stirrers.
(5) Splash sticks.
(6) Cocktail sticks.
(H) “Standard condiment” means relishes, spices, sauces, confections, or seasonings that require no additional preparation and that are usually used on a food item after preparation, including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt, pepper, sugar, and sugar substitutes. (I) “Third-party food delivery platform” has the same meaning as in Section 113930.5 of the Health and Safety Code.

SEC. 7-343. REQUIREMENTS FOR FOOD SERVICE VENDORS
(A) Except as provided in subdivisions (C) and (D), a food facility, for on-premises dining or when using a third-party food delivery platform, shall not provide any single-use foodware accessory or standard condiment packaged for single use to a consumer unless the single-use foodware accessory or standard condiment is requested by the consumer.
(B) Single-use foodware accessories and standard condiments packaged for single use provided by food facilities for use by consumers shall not be bundled or packaged in a manner that prohibits a consumer from taking only the type of single-use foodware accessory or standard condiment desired without also having to take a different type of
single-use foodware accessory or standard condiment.
(C) A food facility may ask a drive-through consumer if the consumer wants a single-use foodware accessory if the single-use foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food. (D) A food facility that is located entirely within a public use airport, as defined in Section 77.3 of Title 14 of the Code of Federal Regulations, may ask a walk-through consumer if the consumer wants a single-use foodware accessory if the single-use foodware accessory is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food. (E) (1) A third-party food delivery platform shall provide consumers with the option to request singleuse foodware accessories or standard condiments from a food facility serving ready-to-eat food. (2) If a food facility uses any third-party delivery platform for ready-to-eat food, the food facility shall customize its menu with a list of available single-use foodware accessories and standard condiments, and only those single-use foodware accessories or standard condiments selected by the consumer shall be provided by the food facility. If a consumer does not select any single-use foodware accessories or standard condiments, no single-use foodware accessory or standard condiment shall be provided by the food facility for delivery of ready-to-eat food.
(F) Nothing in this section shall prohibit a food facility from making unwrapped single-use foodware accessories available to a consumer using refillable self-service dispensers that dispense one item at a time to allow for single-use foodware accessories to be obtained. (G) Nothing in this section shall prohibit a food facility from making standard condiments available to a consumer using refillable self-service dispensers to allow for standard condiments to be obtained. A food facility that offers standard condiments is encouraged to use bulk dispensers for the condiments rather than condiments packaged for single use.
(H) Nothing in this section shall prevent a city, county, city and county, or other local public agency from adopting and implementing an ordinance or rule that would further restrict a food facility or a third-party food delivery platform from providing single-use foodware accessories or standard condiments to a consumer.
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(I) A food facility is encouraged, but not required, to take actions in addition to the requirements of this section that support a goal of reducing the use of and waste generated by all single-use food service products.

SEC. 7-344. EXEMPTIONS
This article does not apply to any of the following:
(A) This article shall not apply to Refillable Self-Service Dispensers. Food Service Vendors may therefore make Standard Condiments and Single-use Foodware Accessories available for customers to obtain as needed. Food Service Vendors are encouraged to use bulk dispensers for the condiments rather than individual condiment packets.
(B) This article shall not apply to the following institutions or facilities:
(1) Correctional institutions, which has the same meaning as in Section 7502 of the Penal Code. (2) Health care facilities licensed pursuant to Article 1 (commencing with Section 1250) of Chapter 2 of Division 2 of the Health and Safety Code or facilities that are owned or operated by a health care service plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code.
(3) Residential care facilities licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code.
(4) Public and private school cafeterias, as referenced in paragraph (1) of subdivision (b) of Section 113789 of the Health and Safety Code.

SEC. 7-345. ENFORCEMENT AND PENALTIES
(A) The City Manager, or his/her designee, shall have primary responsibility for enforcement of this article and shall have authority to issue citation for violation of any provision of the article. The City Manager, or his/her designee, may establish regulations or administrative procedures and take any actions reasonable and necessary to further the purposes of this article or to obtain compliance with this article, including, without limitation, performing an inspection of a retail establishment’s premises to verify compliance with this article.
(B) Notwithstanding the most current schedule of fines adopted by City Council resolution, the fines for a violation of this article are as follows: the first and second violations of this article shall result in a notice of violation, and any subsequent violation shall constitute an infraction punishable by a fine of twenty-five dollars ($25) for each day in violation, but not to exceed three hundred dollars ($300) annually.
(C) It shall be unlawful for any food facility to fail to comply with this article. Each violation of this article shall constitute a separate offense.
(D) Any violation of this article shall be subject to a fine in accordance with the administrative procedures set forth in article III of chapter 7 of this code. (E) The remedies and penalties provided in this article are cumulative and not exclusive and nothing in this article shall preclude the City from pursuing any other administrative, civil, or criminal enforcement remedies available under the law and/or the City Code.” Part 2. Compliance with California Environmental Quality Act (CEQA). Adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines because it is not a “project” and because it can be seen with certainty that there is no possibility that the passage of this Ordinance will have a significant effect on the environment.
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Part 3. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The Council of the City of Oxnard hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.

Part 4. Pursuant to Cal. Gov. Code Section 36933(c)(1), the City Attorney was designated to prepare, and the City Clerk published, a summary of this ordinance, and a certified copy of the ordinance was posted in the Office of the City Clerk a minimum of five days before the City Council’s adoption of the ordinance.

Part 5. The City Clerk shall certify as to the adoption of this ordinance and shall cause the summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36933. Ordinance No. ___ was first read on July 19, 2022, and finally adopted on July 28, 2022 to become effective thirty days thereafter.

AYES:

NOES:

ABSENT:

ABSTAIN:

John C. Zaragoza, Mayor
ATTEST:

Rose Chaparro, City Clerk
APPROVED AS TO FORM:

Stephen M. Fischer, City Attorney
296

CITY COUNCIL AGENDA REPORT

PUBLIC HEARINGS
AGENDA ITEM NO. L.1
DATE: July 28, 2022
TO: City Council, Oxnard Community Development Commission Successor Agency FROM: Ashley Golden, Assistant City Manager, (805) 385-7478, [email protected] SUBJECT: Successor Agency and Many Mansions Purchase and Sale Agreement for 538 Meta Street for $1. (0/10/10)

RECOMMENDATION
That the Oxnard Community Development Commission Successor Agency adopt a Resolution titled “A Resolution of The Governing Board of The Oxnard Community Development Commission Successor Agency, Approving, and Recommending to The Ventura County Consolidated Oversight Board Approval of: (1) Entry By The Oxnard Community Development Commission Successor Agency Into a Proposed Purchase and Sale Agreement With Many Mansions; (2) A Grant Deed to Effectuate Said Purchase and Sale of Real Property; (3) The Remittance of the Net Purchase Price Proceeds Received By the Oxnard Community Development Commission Successor Agency After Close of Escrow to The Ventura County Auditor-Controller For Disposition to Taxing Entities; and (4) Related Actions.” That the City Council:

1. Conduct a public hearing and consider the Summary Report prepared pursuant to California Health and Safety Code section 33433; and

2. Adopt a Resolution titled “A Resolution Of The City Council Of The City Of Oxnard (1) Making Findings And Taking Action Pursuant To The Provisions Of California Health And Safety Code Sections 33431 And 33433; (2) Approving: (A) The Sale And Transfer Of Certain Real Property From The Oxnard Community Development Commission Successor Agency To Many Mansions; (B) Entry By The Oxnard Community Development Commission Successor Agency And Many Mansions Into A Proposed Purchase And Sale Agreement; and (C) A Grant Deed To Effectuate Said Purchase And Sale Of Real Property; and (3) Approving Related Actions.”
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/Irh1SWJ6S9A

BACKGROUND
Over several years, the City of Oxnard’s (City) former redevelopment agency, the Community Development Commission (CDC), purchased multiple properties in downtown Oxnard for downtown revitalization purposes.

Due to various downtown redevelopment plans over the intervening years and the severe economic downturn in the late 2000s, redevelopment in downtown Oxnard came to a halt. In addition, a state law that triggered the dissolution of all redevelopment agencies effective February 1, 2012, prohibited the former CDC from entering into new contracts, obligations, or other commitments (the Dissolution Law). At the end of 2015, the state Department of Finance (DOF) approved the Long Range Property Management Plan (LRPMP) prepared by the Successor Agency to the former CDC, listing fifty-one (51) properties for disposition.
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Of the fifty-one (51) properties identified in the LRPMP, only seven (7) remain. All seven are vacant lots located in Downtown Oxnard.

DISCUSSION
Exclusive Negotiating Agreement (ENA)
On November 17, 2020, the Oxnard Community Development Commission Successor Agency (Successor Agency) authorized its Executive Director (City Manager) to execute Agreement No. A-8246 with Many Mansions, a non-profit affordable housing developer, for the parcel located at 538 S. Meta Street (the Property) (Attachment 1). After approval was received from the Successor Agency, staff brought the ENA agreement before the Ventura County Consolidated Oversight Board (Oversight Board) for approval on November 18, 2020, which was granted. Staff then forwarded the agreement and all relevant documentation to the DOF for final approval, which was received on December 17, 2020.

This action allowed staff from the Successor Agency and Many Mansions to negotiate the terms of a Purchase and Sale Agreement (PSA) for the Property.
538 Meta Street (the Property)
The Successor Agency-owned Property (538 Meta Street) is narrow, approximately twenty-five feet wide, and extends from Meta Street through to the alley on the east. The Property bisects two sites under consideration or approved for affordable housing by the developer Many Mansions. Many Mansion’s property to the south of the the Property, 217-235 East 6th Street, is under construction for an 87-unit mixed-use affordable housing development known as the Central Terrace Apartments. Many Mansions currently has an option to purchase 536 Meta Street, which is north of the Property. Many Mansions is currently obtaining permits for an 88-unit affordable housing project (Aspire Apartments) for 536 Meta Street.

If approved, the Property would be developed as a pocket park in conjunction with the Central Terrace Apartments and Aspire Apartments (Attachment 2). The development of this pocket park is required by the Downtown City Code, adopted in 2019. Per the Code, all new development located on a site of at least 20,000 square feet within the Downtown area is required to provide privately maintained on-site public open space, as a condition of the development. Including the Property in the design of these projects is extremely practical, as the parameters of the site (e.g., small and narrow) make it difficult for anything else to be developed. The Property would also allow for a contiguous, seamless design between the Central Terrace Apartments and Aspire Apartments projects.

Disposition of the Property to Many Mansions will reduce blight and improve the neighborhood by creating a paseo and community pocket park that will be open to the public and be developed, managed, and maintained by Many Mansions.

Furthermore, the land acquisition improves the Aspire Apartment project's competitiveness for future State funding, which will improve the overall project feasibility.

Successor Agency and Many Mansions Purchase and Sale Agreement (PSA) During the term of the ENA, Successor Agency staff and representatives from Many Mansions negotiated a PSA for the sale of the Property. A summary of the terms of the PSA (Attachment 3) and accompanying Grant Deed (Attachment 8), which secures the Property as a future public pocket park maintained by Many Mansions, between the Successor Agency and Many Mansions is summarized further in this section of this report.

The following table lists the LRPMP info on the subject Property. The LRPMP provides data, background information, and pricing information for each of the seven remaining Successor Agency-owned parcels, including the Property:

APN Description Land Area (sq ft) LRPMP Value
201-0-213-100 Vacant Land 5,606 $28,140
In July 2020, Successor Agency staff had an appraisal completed on the Property by Hoffman, Vance, and Worthington, 298
Inc. (Attachment 4). The appraisal report stated that "only one land sale in the Downtown was available from which to discern current land values...and that a secondary set of sale comparables was included in the appraisal...that included parts of Los Angeles County." The appraisal determined the Fair Market Value of the Property to be two hundred and fifty-two thousand dollars ($252,000).

However, in September 2020, Many Mansions commissioned third-party consultant Harris & Associates (Harris) to produce a Fair Reuse Value Analysis of the Property (Attachment 5). A Fair Reuse Value Analysis informs the estimated market value for the development of a property based on the planned reuse of that property. The report concluded that the Property's market value is zero dollars ($0), based primarily on an analysis of the Property’s dimensions, its use as a future public pocket park, and Downtown Code zoning requirements.

The Fair Reuse Value Analysis stated that the dimensions of the Property and setback requirements per section 16-147.4 of the Downtown Code (Attachment 6) make the Property non-conducive to commercial or residential development.

Further, the Property does not contain improvements and will not generate any cash flows given the planned reuse as a public pocket park. Finally, Harris found that there were no comparable property sales given the planned reuse of the Property.

Parks and Recreation Master Plan
The Parks and Recreation Master Plan (Parks Master Plan) seeks to guide decision-making for the future development and management of the City’s parks, recreation facilities, beaches, and open spaces.

The Parks Master Plan identifies the Five Points neighborhood, where the Property is located, as the City’s most significant gap in park acres per one thousand (1,000) residents, with less than one (1) acre per 1,000 residents. The Parks Master Plan states that the City “should consider acquiring some of the vacant lots in these areas to develop into parks, when and if resources become available” (Attachment 7).

The sale of the Property to Many Mansions for the construction of a publicly accessible pocket park will help alleviate the gap in park space in the Five Points neighborhood.

Purchase Sale Agreement (PSA)

1. Proposed Purchase Price: $1

2. Escrow Opening Date: upon approval of PSA by DOF

3. Escrow Closing Date: on or before December 30, 2022

4. Conditions of Escrow:
a. Many Mansions has received all land use approvals necessary for the development of the Aspire Apartments and the Project.
b. Many Mansions has executed and delivered to the Escrow Holder its counterpart of the grant deed c. Many Mansions has submitted to the Successor Agency proof of insurance d. Many Mansions has deposited with the Escrow Holder all funds necessary for the Close of Escrow. e. Many Mansions has approved a pro forma owner’s policy of title insurance for the Property.

5. Closing Costs:
a. Any and all state, county, or city documentary stamps or transfer taxes pertaining to the Seller’s conveyance of the Property;
b. The base escrow fee, plus any additional requested or customary costs; c. The premium for the owner’s policy of title insurance for the Property; d. All recording fees; and
e. Ad valorem taxes, if any, upon the Property after conveyance, or ad valorem taxes, if any, upon this Agreement, or any rights thereunder, before or after the conveyance of title.

Grant Deed

1. Use: Many Mansions shall develop and construct on the Property a pocket park, to be made available to the public subject to reasonable closing hours and related health and safety restrictions similar to public parks operated by the City (the Project)
299

2. Covenants Run with the Land: all covenants contained in Grant Deed shall be covenants running with the land

3. Term: The covenants shall remain in effect until the date that is 55 years after the date of recordation of this Grant Deed.

4. Right of Reverter:
a. Following City issuance of a building permit therefore, Many Mansions fails to proceed with the construction of such improvements for a period of three years, after written notice thereof from the Successor Agency;
b. Abandons or substantially suspends construction of such improvements for a period of three months after written notice of such abandonment or suspension from the Successor Agency; c. Transfers or suffers any involuntary transfer of the Property, or any part thereof, in violation of this Grant Deed;
d. Following the completion of the Project, the Property becomes unavailable to the public as a pocket park for a period of three months, except in cases beyond the control of Many Mansions, including but not limited to closures due to pandemics, wars and similar causes, after written notice of such failure from the Successor Agency; and
e. Following the completion of the Project, Many Mansions (or its successors in interest) fails to maintain the Project adequately, or otherwise adhere to the requirements of the covenants contained herein, for a period of three months, after written notice of such failure from the Successor Agency. 33433 Report
Under California Health and Safety Code Section 33433, before any successor agency-owned property, acquired in whole or in part, directly or indirectly, with tax increment money, is sold or leased for development according to the redevelopment plan, the legislative body shall first approve the sale or lease by resolution after a public hearing.

Section 33433 requires staff to submit a summary report of the sale agreement (Attachment 9), which includes the (i) cost of sale to the successor agency; (ii) estimated value of interest conveyed as determined at the highest and best uses permitted under the redevelopment plan; (iii) estimated value of interest to be conveyed as determined at use and with conditions required by sale and explanation for any difference in price if the sale price is less than fair market value; and (iv) explanation of why sale will assist in the elimination of blight.

ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000 et seq., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations Sections 15000 et seq., the “CEQA Guidelines”), it can be seen with certainty that there is no possibility that the proposed disposition of the Property would have a significant effect on the environment (CEQA Guidelines Section 15061(b)(3)).

Environmental impacts associated with the development of the Aspire Apartments project, including the public pocket park, were analyzed as part of the entitlement process, and the development and uses associated with the future development of the public pocket park as part of the mixed-use project were determined to be exempt under CEQA, pursuant to Senate Bill 35, Government Code Section 65913.4 and Public Resources Code Section 21080(b)(1).

Properties under Senate Bill 35 are statutorily exempt from CEQA as a ministerial project. Any subsequent improvement to the property will be separately examined in accordance with CEQA.

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

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. 300

FINANCIAL IMPACT
The sale price of the Property will be for the Fair Reuse Value of one dollar ($1). Many Mansions will be paying all closing costs and related items such as any and all state, county, or City documentary stamps or transfer taxes pertaining to the Successor Agency’s conveyance of the Property, base escrow fee, plus any additional requested or customary costs, the premium for the owner’s policy of title insurance for the Property, all recording fees, and ad valorem taxes, if any, upon the Property after conveyance.

Per the redevelopment Dissolution Law, net proceeds from the sale of the Property would be transferred to the Ventura County Auditor-Controller for distribution to the other County taxing entities.

There is no impact on the City’s General Fund.

COMMITTEE OUTCOME
As part of the disposition process of the Property, on November 10, 2020, Successor Agency staff went before the Housing and Economic Development Committee (Committee) for approval of the ENA between the Successor Agency and Many Mansions, which was approved 3-0 and forwarded to the Successor Agency for their approval. Staff then presented the ENA to the Successor Agency on November 17, 2020, where the ENA was ultimately approved, understanding that staff would return with a PSA between the two parties for the sale of the Property. As such, this PSA did not return to the Committee.

Prepared by: Adam Smith, Project Manager, Elsa Brown, Affordable Housing Program Manager, Joe Pearson II, AICP, Principal Planner

ATTACHMENTS

1. Agreement No. A-8246 - Many Mansions ENA

2. Public Pocket Park Rendering

3. Agreement No. 8486 - Many Mansions PSA

4. Property Appraisal Report

5. Property Fair Reuse Value Analysis

6. Oxnard Downtown Code - Section 16-147.4

7. Oxnard Parks & Recreation Master Plan - Five Points

8. PSA Grant Deed

9. 33433 Report - SA to Many Mansions

10. City Resolution

11. Successor Agency Resolution

12. Presentation - Many Mansions & Successor Agency PSA - July 28, 2022 301
302
303
304
305
306
307
308
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UBX-248
Greenfields Outdoor Fitness, Inc.

Leg Press
UBX-215
Greenfields Outdoor Fitness, Inc.
7"
Short Term
Bicycle Parking
(2) Single Bike Racks 5'-0"
Open Lawn Area
5'-0"
16'-0"
Perimeter Wall with
Evergreen Vines
Central Terrace Site
Seatwall
Raised Planter 24" H.

LID Planter per civil (24"H.)
Built-in Bench
Built-in Bench
10'-9" Seatwall
10'-0"

TRANSFORMER

TRANSFORMER
5'-0"

ADJACENT

PARCELS
+36" H.

Tot-Lot (2-5 yrs.):

Jr. Climber
Two-seat Rocker
Free-Standing Play Panels
French/Snail Surfacing Hopscotch

BBQ BBQ
Exercise Stations:
1 - Leg Press
1 - Shoulder Press
Accessible Exercise Station:

Double Sliding Gates 1- Adjustable Shoulder Press
8'-0"
SingleSliding Gate

ALLEY / FIRE ACCESS

ALLEY PARKING
META STREET META STREET5'-0"
Landscape
Irrigation Equip.

Vine Pockets with
Green Screen Trellis on
Building Facade, Typical
Vine Pockets with
Green Screen Trellis on
Building Facade, Typical
Low-growing Ground Cover
within Transformer Setback
4'-0"
Vine Pockets with
Green Screen Trellis on
Building Facade, Typical
Short Term
Bicycle Parking
(1) Single Bike Rack

PROPERTY LINE

PROPERTY LINE PROPERTY LINE
JOB # 4697 L-1
Landscape Architecture
24013 Ventura Blvd. Suite 201
Calabasas, CA 91302
R818.251-9718 H 818.251-9719
email: [email protected]
Design Works
Landscape Architecture
NORTH
GROUND LEVEL Scale: 1" = 1/8"

ASPIRE APARTMENTS

CONCEPTUAL LANDSCAPE PLAN
536 Meta Street, Oxnard, CA
LANDSCAPE NOTES:

1. LANDSCAPING WILL COMPLY WITH THE APPLICATION CITY OF OXNARD LANDSCAPE STANDARD.

2. THE LANDSCAPE AND IRRIGATION WILL COMPLY WITH THE CITY OF OXNARD WATER EFFICIENT LANDSCAPE ORDINANCE (CITY COUNCIL ORDINANCE NO. 2822) AND LANDSCAPE WATER CONSERVATION.

3. LANDSCAPE ARCHITECT SHALL PROVIDE THE CITY WITH WRITTEN CONFIRMATION THAT THEY HAVE

REVIEWED THE CIVIL ENGINEERING CONSTRUCTION DRAWINGS AND THAT THE NPDES REQUIREMENTS ARE NOT IN CONFLICT WITH MEETING THE CITY'S LANDSCAPE REQUIREMENTS.

Date: 01.07.2021
L.A. Group Design Works, Inc.

PREPARED FOR:MANY MANSIONS
1423 E. Thousand Oaks, Blvd.

Thousand Oaks, CA 91362
805.49648 333 N. LANTANA ST, SUITE 130, CAMARILLO, CA 93010 PHONE: 805.322.4443 WEBSITE: WWW.ECGCIVIL.COM 309
Built-in Bench
Built-in Bench
7'-1012"
Built-in Bench
Built-in Bench

BBQ BBQ

PLAZA BLEOW

META STREET
Container Planting

ALLEY / FIRE ACCESS
Terrace Seating
18" H. Built-in Bench
24" H. Raised Planter

ALLEY / FIRE ACCESS
Green Screen Wall Trellis
w/Flowering Vines
Container Planting
24" H. Raised Planter
36" H. Raised Planter
Heavy Exposed
Aggregate Band, Typical
Prep-Island w/Seating
Built-in BBQ Counter
24" H. Raised Planter
36" H. Raised Planter
Game Table
Container Planting
42" Guardrail Height
floor
above

META STREET
Fire Table
Fire Table
JOB # 4697 L-2
Landscape Architecture
24013 Ventura Blvd. Suite 201
Calabasas, CA 91302
R818.251-9718 H 818.251-9719
email: [email protected]
Design Works
Landscape Architecture
NORTH
PODIUM LEVEL Scale: 1" = 1/8"

ASPIRE APARTMENTS

CONCEPTUAL LANDSCAPE PLAN
536 Meta Street, Oxnard, CA
LANDSCAPE NOTES:

1. LANDSCAPING WILL COMPLY WITH THE APPLICATION CITY OF OXNARD LANDSCAPE STANDARD.

2. THE LANDSCAPE AND IRRIGATION WILL COMPLY WITH THE CITY OF OXNARD WATER EFFICIENT LANDSCAPE ORDINANCE (CITY COUNCIL ORDINANCE NO. 2822) AND LANDSCAPE WATER CONSERVATION.

3. LANDSCAPE ARCHITECT SHALL PROVIDE THE CITY WITH WRITTEN CONFIRMATION THAT THEY HAVE

REVIEWED THE CIVIL ENGINEERING CONSTRUCTION DRAWINGS AND THAT THE NPDES REQUIREMENTS ARE NOT IN CONFLICT WITH MEETING THE CITY'S LANDSCAPE REQUIREMENTS.

Date: 01.07.2021
L.A. Group Design Works, Inc.

PREPARED FOR:MANY MANSIONS
1423 E. Thousand Oaks, Blvd.

Thousand Oaks, CA 91362
805.49648 333 N. LANTANA ST, SUITE 130, CAMARILLO, CA 93010 PHONE: 805.322.4443 WEBSITE: WWW.ECGCIVIL.COM 310
TREES
Arecastrum romanzoffianum / Queen Palm 14' BTH
Pyrus calleryana `Chanticleer` / Chanticleer Pear 24" box Tristania laurina `Elegant` / Elegant Water Gum 24` boxSHRUBS Agave celsii 'Multicolor'Agave 'Cream Spike'Anigozanthos x `Kanga Pink` / Dwarf Pink Kangaroo Paw 1 gal Carissa macrocarpa / Natal Plum 5 galChondropetalum tectorum `El Campo` / Cape Rush 5 galClivia miniata / Orange Bush Lilly 5 galCoprosma repens / Mirror Plant 5 galCorrea x `Ray`s Tangerine` / Orange Austalian Fuchsia 5 galCrassula ovata / Large Jade Plant 5 gal Dianella revoluta `Little Rev` / Little Rev Flax Lily 5 galNandina domestica / Heavenly Bamboo 5 gal Phoenix roebelinii / Pigmy Date Palm 15 gal
Phormium tenax / New Zealand Flax 5 galPodocarpus m. 'Maki'/Columnar Shrubby Yew Pine 15 galPyracantha c. 'Lowboy' / Lowboy Scarlet Firethorn 5 gal Sesleria autumnalis / Autumn Moor Grass 1 gal
VINES
Distictis buccinatoria / Blood Red Trumpet Vine 5 galFicus pumila / Creeping Fig 5 gal Macfadyena unguis-cati / Yellow Trumpet Vine 5 galGROUND COVERS Ajuga reptans / Carpet Bugle 4" pots
Bougainvillea / Bougainvillea 1 galGeranium incanum `Sugar Plum` / Crane`s Bill 4" pots Heuchera x 'Santa Ana Cardinal' / Cardinal Coral Bells 1 galPelargonium tomentosum / Peppermint Geranium 4" pots Mahonia repens / Creeping Oregon Grape 1 gal
Vinca minor / Common Periwinkle 4" pots

PRILIMINARY PLANT LIST
JOB # 4697 L-3
Landscape Architecture
24013 Ventura Blvd. Suite 201
Calabasas, CA 91302
R818.251-9718 H 818.251-9719
email: [email protected]
Design Works
Landscape Architecture
ANIGOZANTHOS CARISSA M. 'TUTTLEI'

CORREA 'RAY'S TANGERINE'

NANDINA DOMESTICA

SESLERIA AUTUMNALIS

AJUGA REPTANS
GERANIUM I. 'SUGAR PLUM' PELARGONIUM TOMENTOSUM VINCA MINOR

GROUND COVER
SHRUBS
LANDSCAPE NOTES:

1. LANDSCAPING WILL COMPLY WITH THE APPLICATION CITY OF OXNARD LANDSCAPE STANDARD.

2. THE LANDSCAPE AND IRRIGATION WILL COMPLY WITH THE CITY OF OXNARD WATER EFFICIENT LANDSCAPE ORDINANCE (CITY COUNCIL ORDINANCE NO. 2822) AND LANDSCAPE WATERCONSERVATION.

3. LANDSCAPE ARCHITECT SHALL PROVIDE THE CITY WITH WRITTEN CONFIRMATION THAT THEY HAVE

REVIEWED THE CIVIL ENGINEERING CONSTRUCTION DRAWINGS AND THAT THE NPDES REQUIREMENTS ARE NOT IN CONFLICT WITH MEETING THE CITY'S LANDSCAPE REQUIREMENTS.

Date: 01.07.2021

ARECASTRUM

ROMANZOFFIANUM

PYRUS CALLERYANA
'CHANTICLEAR'
TREES
VINES

DISTICTIS BUCCINATORIA MACFADYENA UNGIS-CATI
'DWARF MAGENTA'
L.A. Group Design Works, Inc. CONCEPTUAL LANDSCAPE IMAGES PREPARED FOR:MANY MANSIONS
1423 E. Thousand Oaks, Blvd.

Thousand Oaks, CA 91362
805.49648 333 N. LANTANA ST, SUITE 130, CAMARILLO, CA 93010 PHONE: 805.322.4443 WEBSITE: WWW.ECGCIVIL.COM

BIKE RACK
HORSESHOE BIKE RACK / Avail. by: The Park Catalog

TRISTANIA LAURINA
'ELEGANT'

CHONDROPETALUM

TECHTORUM

CLIVIA MINIATA CRASSULA OVATA

DIANELLA REVOLUTA

HEUCHERA X
'SANTA ANA CARDINAL'
PHORMIUM T. 'FIREBIRD' PHORMIUM T. 'SEA JADE'
PHOENIX ROBELENII PODOCARPUS M. 'MAKI'

GREEN SCREEN

FICUS PUMILA

ASPIRE APARTMENTS
536 Meta Street, Oxnard, CA

BOUGAINVILLEA MAHONIA REPANS
PYRACANTHA C. 'LOWBOY'

AGAVE 'MULTICOLOR' AGAVE 'CREAM SPIKE'

PLAY AMENITIES

FRENCH-SNAIL HOPSCOTCH
JR. CLIMBER RETRO ROCKER

FREE-STANDING PLAY PANELS

FITNESS AMENITIES

LEG PRESS
ACCESSIBLE ADJ. SHOULDER PRESS

PLANTER POTS

SHOULDER PRESS
Available by: Greenfileds Outdoor Fitness

STANDARD RECTANGLE STANDARD SQUARE
Available by: Old Town Fiberglass
Available by: Zoom Recreation
Available by: The Park Catalog
311
Agreement No. A-8486

PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (this “Agreement”), dated as of ______________________, 2022, is entered into by and between the Oxnard Community Development Commission Successor Agency, a public body, corporate and politic (the “Seller”), and Many Mansions, a California nonprofit corporation (the “Purchaser”). The Seller and the Purchaser are sometimes individually referred to herein as a “Party” and collectively as the “Parties”.

RECITALS
A. The Seller owns certain real property located at 538 Meta Street in the City of Oxnard, Assessor Parcel Number 201-0-213-100 (the “Property”).

B. On February 3, 2020, the Purchaser acquired certain real property located at 217-235 East Sixth Street, which is adjacent to the Property on the southern border. The Purchaser is proposing to develop a 100% affordable housing multi-family development, currently known as Central Terrace Apartments. The development (the “Central Terrace Apartments”) will be restricted to families and individuals earning 60%, 50%, and 30% of area median income.

C. The Purchaser secured site control via an Option to Purchase Agreement for certain real property located at 536 Meta Street, which is adjacent to the Property on the northern border. The Purchaser is proposing to develop a 100% affordable housing multi-family development, currently known as Aspire Apartments. The development (the “Aspire Apartments”) will be restricted to families and individuals earning 60%, 50%, and 30% of area median income.

D. On February 13, 2020, the Purchaser submitted a request for disposition of real property to the City of Oxnard Housing Department (the “Proposal”).

E. The Proposal by the Purchaser is to acquire the Property for the development of a pocket park, to be made available to the public (the “Project”). The Property would be owned, developed, and managed by the Purchaser in conjunction with the Central Terrace Apartments and/or the Aspire Apartments.

F. The Purchaser commissioned a third-party consultant to produce a Fair Reuse Value Analysis, completed on September 16, 2020. The report determined that the market value of the Property is $0, based primarily on an analysis of the Property’s dimensions and zoning code requirements. The report also cites a California Court of Appeal decision in People ex rel.

Dept. of Public Works v. City of L.A., that establishes precedence in the event publicly-owned property is transferred solely for the purpose of developing a public park.

G. The Purchaser is an experienced real estate developer with the capability of planning, designing, engineering, financing, marketing, and developing the Property in a fashion 1 312
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that could achieve the objective of the Seller and the City of Oxnard (the “City”) respectively to provide the Project.

H. The Parties entered into that certain Exclusive Negotiation Agreement, with an effective date of November 17, 2020, in order to engage in good faith exclusive negotiations for an agreement that would result in the transfer of the Property to the Purchaser, and so long as such transfer is completed by December 31, 2022, California Government Code Section 54234(b)(1) and Surplus Land Act Guidelines Section 103(b)(2) provide that the transfer is not subject to the requirements of Assembly Bill No. 1486 (2019) and must comply with the Surplus Land Act as it existed on December 31, 2019.

I. Such negotiations have resulted in this Agreement, which provides the terms and conditions for the Purchaser’s purchase of the Property from the Seller.

AGREEMENT
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

I. Purchase and Sale
The Seller shall sell the Property to the Purchaser, and the Purchaser shall purchase the Property from the Seller, on the terms and conditions stated in this Agreement.

II. Purchase Price
The purchase price for the Property (the “Purchase Price”) shall be $1. The Purchaser shall deposit sufficient funds to cover the Purchase Price, plus the Purchaser’s share of all closing costs, prior to the Close of Escrow. No deposit is required.

III. Escrow and Title Company
This transaction shall be completed through an escrow established with First American Title Insurance Company, or other escrow holder (the “Escrow Holder”) and title company (the “Title Company”) agreed to by the Parties. Each Party shall promptly deposit all funds and documents as required by the Escrow Holder in order to complete this transaction. The Purchaser shall pay the escrow fee.

IV. Opening of Escrow
The Escrow Holder is instructed to open an escrow (the “Escrow”) after receiving a mutually-executed copy of this Agreement. The Escrow Holder is requested to prepare its customary instructions based upon this Agreement.
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V. Close of Escrow
The Escrow shall close (the “Close of Escrow”) on or before December 30, 2022, subject to the conditions listed in Section VI below.

VI. Conditions to Close of Escrow
The following are conditions precedent to the Close of Escrow. Either Party at its option may terminate this Agreement if any of the conditions precedent set forth below are not satisfied by the Purchaser or waived in writing by the Seller by December 29, 2022.

1. The Purchaser has received all land use approvals necessary for development of the Aspire Apartments and the Project.

2. The Seller has removed the Encroachments (defined in Section XIII) prior to the Close of Escrow.

3. The Purchaser has executed and delivered to the Escrow Holder its counterpart of the grant deed, in the form attached hereto as Exhibit A and incorporated herein by this reference (the “Grant Deed”).

4. The Purchaser has submitted to the Seller the proof of insurance as required by Section VII below.

5. The Purchaser has deposited with the Escrow Holder all Purchaser funds necessary for the Close of Escrow.

6. The Purchaser has approved a pro forma owner’s policy of title insurance for the Property.

The Seller’s decision to waive any requirement may be conditioned upon its satisfaction at a later date and/or upon the substitution of another condition.

VII. Insurance
Prior to the Close of Escrow, the Purchaser shall furnish to the Seller evidence of the following policies of insurance, naming the Purchaser as insured and the Seller and the City as additional insureds. With the exception of automobile insurance, the insurance shall be kept in force until the 55th anniversary of the Close of Escrow.

1. Builder’s Risk/Fire Policies: The Purchaser shall maintain or cause to be maintained a policy or policies of insurance against loss or damage to the Property and/or the improvements and all property of an insurable nature located upon the Property, resulting from fire, lightning, vandalism, malicious mischief, riot and civil commotion, and such other perils ordinarily included in extended coverage fire insurance policies. Such insurance shall be 3 314
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maintained in an amount not less than 100% of the full insurable value of the improvements thereon.

2. Liability Insurance: The Purchaser shall maintain or cause to be maintained public liability insurance, to protect against loss from liability imposed by law for damages on account of personal injury, including death therefrom, suffered or alleged to be suffered by any person or persons whomsoever on or about the Property, or in connection with the operation thereof, resulting directly or indirectly from any acts or activities of the Purchaser, or any person acting for the Purchaser, or under its control or direction, and also to protect against loss from liability imposed by law for damages to any property of any person occurring on or about the Property, or in connection with the operation thereof, caused directly or indirectly by or from acts or activities of the Purchaser, or any person acting for Purchaser, or under its control or direction. Such property damage and personal injury insurance shall also provide for and protect the Seller against incurring any legal cost in defending claims for alleged loss. Such personal injury and property damage insurance shall be maintained in a general aggregate amount of not less than $2,000,000, combined single limit per occurrence. It is the mutual intent of the Parties that the levels of insurance coverage described herein shall be and remain comparable to the level of insurance coverage that is customary with comparable operations in Ventura County. From time to time, either Party may provide notice to the other Party that the level of insurance being maintained by the Purchaser is no longer comparable to the level of insurance coverage that is customary with comparable operations in Ventura County, and request that the minimum limit hereinabove designated shall be changed (either increased or decreased) accordingly. The Party receiving such request shall not unreasonably withhold its consent to such change.

3. Automobile Insurance: To the extent applicable, at all times prior to completion of construction of all required improvements on the Property, the Purchaser shall maintain or cause to be maintained automobile insurance, maintained in full force and effect in an amount of not less than $1,000,000 per accident.

4. Workers’ Compensation Insurance: The Purchaser shall maintain or cause to be maintained workers’ compensation insurance issued by a responsible carrier authorized under the laws of the State of California to insure employers against liability for compensation under the workers’ compensation laws now in force in California, or any laws hereafter enacted as an amendment or supplement thereto or in lieu thereof. Such workers’ compensation insurance shall cover all persons employed by the Purchaser in connection with the Property and shall cover liability within statutory limits for compensation under any such act aforesaid, based upon death or bodily injury claims made by, for or on behalf of any person incurring or suffering injury or death in connection with the Property or the operation thereof by the Purchaser.

Notwithstanding the foregoing, the Purchaser may, in compliance with the laws of the State of California and in lieu of maintaining such insurance, self-insure for workers’ compensation in which event shall deliver to the Seller evidence that such self-insurance has been approved by the appropriate State authorities.
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All policies hereunder shall not be subject to cancellation, reduction in coverage, or non-renewal except after notice in writing shall have been sent by registered mail addressed to the Seller, to the extent practicable within 20 days but in any event prior to the effective date thereof. All policies shall name the Seller, the City and the Purchaser as insureds, additional insureds, and/or loss payable parties as their interests may appear. Coverage provided hereunder by the Purchaser shall be primary insurance and not contributing with any insurance maintained by the City and/or the Seller, and the policy shall contain such an endorsement. The insurance policy or the certificate of insurance shall contain a waiver of subrogation for the benefit of the City and the Seller. The Purchaser shall also furnish or cause to be furnished to the Seller evidence satisfactory to the Seller that any contractor with whom the Purchaser has contracted for the performance of the development of the Project, or any of them, carries the insurance required by this Section.

VIII. Closing Costs
The Purchaser shall pay for the following:

1. Any and all state, county, or city documentary stamps or transfer taxes pertaining to the Seller’s conveyance of the Property;

2. The base escrow fee, plus any additional requested or customary costs;

3. The premium for the owner’s policy of title insurance for the Property;

4. All recording fees; and

5. Ad valorem taxes, if any, upon the Property after conveyance, or ad valorem taxes, if any, upon this Agreement, or any rights thereunder, before or after the conveyance of title.

IX. Public Agency
The Purchaser understands and acknowledges that the Seller, as a public agency, is exempt from paying real property taxes or special assessments. Prorations of real property taxes and assessments, and other expenses of the Property shall be prorated by the Escrow Holder as of the date of the Close of Escrow.

The Purchaser acknowledges and agrees that the Seller is a public entity with a responsibility and, in many cases, a legal obligation to conduct its business in a manner open and available to the public. Accordingly, any information provided by the Purchaser to the Seller with respect to the Property, the Project or the Purchaser may be disclosed to the public either purposely, inadvertently, or as a result of a public demand, request or order. 5 316
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X. Financing
There is no financing contingency for the Purchaser.

XI. Title
The Seller shall convey title to the Property subject only to real estate taxes not yet due, and covenants, conditions, restrictions, rights of way and easements of record, if any, which do not materially affect the value or intended use of the Property.

The Seller will furnish the Purchaser with a preliminary report of title for the Property (the “Preliminary Report”) within 30 days after the opening of Escrow. The Purchaser shall notify the Seller in writing within 30 days after receipt of the Preliminary Report of the Purchaser’s disapproval of any exception therein. All other exceptions in the Report shall be referred to as “Approved Exceptions”. The Seller shall have 30 days after such notice to advise the Purchaser of any disapproved exceptions which will not be removed by the Seller prior to the Close of Escrow. If the Seller indicates that it will not cause to be removed any of the disapproved exceptions, then the Purchaser may elect to:

1. terminate this Agreement without liability on the part of either Party; or

2. consummate the purchase of the Property subject to such exceptions.

Title in the form of a California Land Title Association or American Land Title Association policy of title insurance shall be issued by the Title Company.

XII. Nondiscrimination
The Purchaser, for itself, its successors and assigns, agrees that in regards to the development provided for in this Agreement, it will not discriminate against any employee or applicant for employment because of race, religion, creed, color, national origin, ancestry, handicap, sex, sexual orientation, marital status, age or any other protected classification.

The Purchaser shall refrain from restricting the rental, sale or lease of the Property or the Project, or any portion thereof, on the basis of race, religion, creed, color, national origin, ancestry, handicap, sex, sexual orientation, marital status, age or any other protected classification of any person. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses:

1. In deeds: “The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California 6 317
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Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land.”
Notwithstanding the above paragraph, with respect to familial status, the above paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the California Government Code. With respect to familial status, nothing in the above paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of the California Government Code shall also apply to the above paragraph.

2. In leases: “The lessee 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 any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee 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, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased.” Notwithstanding the above paragraph, with respect to familial status, the above paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the California Government Code. With respect to familial status, nothing in the above paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the California Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the California Government Code shall apply to the above paragraph.

3. In contracts: “There shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee itself 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, sublessees, subtenants or vendees of the land.” 7 318
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XIII. Condition of Property
The Seller expressly and specifically disclaims the making of any representations or warranties, express or implied, regarding the Property or matters affecting the Property including, without limitation, the physical and environmental condition of the Property.

Except that the Seller agrees to remove, or cause the removal of, a fence installed across the Property, all cars, and a wood pile on the Property (collectively, the “Encroachments”) prior to the Close of Escrow, the Purchaser acknowledges and agrees that the Property is to be conveyed to, and accepted by, the Purchaser in its present condition, “AS IS”, and the Purchaser hereby assumes the risk of adverse physical characteristics and conditions, including, without limitation, the presence of hazardous materials. After taking title to the Property, the Purchaser shall be solely responsible for responding to and complying with any administrative notice, order, request or demand, or any third party claim or demand relating to potential or actual contamination of the Property except at they may relate to the Encroachments.

Upon the Close of Escrow, the physical and environmental condition, possession or title of the Property is and shall be delivered from the Seller to the Purchaser in an “as-is” condition except for the removal of the Encroachments, with no warranty expressed or implied by the Seller, including without limitation, the presence of hazardous materials or the condition of the soil, its geology, the presence of known or unknown seismic faults, or the suitability of the Property for the development purposes intended hereunder.

The Purchaser hereby waives, releases and discharges forever the Seller and its representatives from all present and future losses and liabilities, present and future, arising out of or in any way connected with the Seller’s or the Purchaser’s use, maintenance, ownership or operation of the Property except for the removal of the Encroachments.

The Purchaser acknowledges that it is aware of and familiar with the provisions of Section 1542 of the California Civil Code which provides as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

THAT THE CREDITOR OR RELEASING PARTY DOES NOT

KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT

THE TIME OF EXECUTING THE RELEASE AND THAT, IF

KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY

AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY.”
The Purchaser hereby waives and relinquishes all rights and benefits which it may have under Section 1542 of the California Civil Code with respect to the matters described in this Section XIII except as related to the removal of the Encroachments.

It is the responsibility of the Purchaser, without cost to the Seller, to ensure that zoning of the Property and all applicable City land use requirements will be such as to permit development 8 319
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of the Property and construction of the Project and the use, operation and maintenance of such Project in accordance with the provisions of this Agreement. Nothing contained herein shall be deemed to entitle the Purchaser to any City permit or other City approval necessary for the development of the Property, or waive any applicable City requirements relating thereto. This Agreement does not (i) grant any land use entitlement to the Purchaser, (ii) supersede, nullify or amend any condition which may be imposed by the City in connection with approval of the development described herein, (iii) guarantee to the Purchaser or any other party any profits from the development of the Property or (iv) amend any City laws, codes or rules. This Agreement is not a development agreement as provided in California Government Code Section 65864 et seq.

Without cost to the Seller, the Seller shall cooperate with the Purchaser in connection with the Purchaser’s obtaining all necessary entitlements, permits and approvals for the construction of the Project.

XIV. No Brokers
The Purchaser represents and warrants to the Seller that no broker or finder has been engaged by the Purchaser in connection with any of the transactions contemplated by this Agreement, or to its knowledge is in any way connected with any of such transactions. The Purchaser shall indemnify, save harmless and defend the Seller from any liability, cost or expense arising out of or connected with any claim for any commission or compensation made by any person or entity claiming to have been retained or contacted by the Purchaser in connection with any of the transactions contemplated by this Agreement (including, without limitation, the sale of the Property to the Purchaser). The foregoing indemnity shall survive termination of this Agreement and shall not be merged with any other document.

XV. Interpretation
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. The headings are for purposes of convenience only and will not be construed to limit or extend the meaning of this Agreement.

XVI. Entire Agreement
This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the Parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by each of the Parties.

XVII. Counterparts
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This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute but one and the same instrument.

XVIII.Binding on Successors and Assigns
This Agreement shall be binding on, and shall inure to the benefit of, the Parties and their respective legal representatives, successors, and assigns.

XIX. Attorneys’ Fees
If any legal action or other proceeding is brought involving a dispute between the Parties or arising out of the execution of this Agreement or the sale of the Property, the prevailing Party shall be entitled to recover its costs and reasonable attorneys’ fees incurred in such action or proceeding, in addition to any other relief to which such Party may be entitled.

XX. Agreement to Perform Necessary Acts
Each Party agrees to perform any further acts and execute and deliver any documents that may be reasonably necessary to carry out the provisions in this Agreement.

XXI. Notices
Formal notices, demands, and communications between the Parties must be given either by (i) personal service, (ii) delivery by reputable overnight document delivery service that provides a receipt showing date and time of delivery, or (iii) U.S. first class certified mail, return receipt requested, addressed to:

Seller: Oxnard Community Development Commission Successor Agency Attn: Adam Smith, MPA, Project Manager
City Manager’s Office
300 W. Third St, Fourth Floor
Oxnard, CA 93030
Telephone: 805.385.3918
Purchaser: Many Mansions
Attn: Alexander Russell, Executive Vice President
1259 E. Thousand Oaks Blvd.

Thousand Oaks, CA 91362
Telephone: 805.496.4948 ext. 220
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Notices will be deemed effective upon receipt. Such written notices, demands, and communications will be sent in the same manner to such other addresses as any Party may from time to time designate by notice given in accordance with this section.

XXII. Compliance with Law
The Purchaser shall carry out development and construction (as defined by applicable law) of the Project on the Property, including, without limitation, any and all public works, (as defined by applicable law), if any, in conformity with all applicable local, state and federal laws, including, without limitation, all applicable federal and state labor laws (including, without limitation, any applicable requirement to pay state prevailing wages). The Purchaser hereby agrees that the Purchaser shall have the obligation to provide any and all disclosures, representations, statements, rebidding, and/or identifications which may be required by California Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, or any other provision of law. The Purchaser hereby agrees that the Purchaser shall have the obligation to provide and maintain any and all bonds to secure the payment of contractors (including the payment of wages to workers performing any public work) which may be required by the California Civil Code, California Labor Code Section 1781, as the same may be enacted, adopted or amended from time to time, or any other provision of law. The Purchaser shall indemnify, protect, defend and hold harmless the Seller, the City and their respective officers, employees, contractors and agents, with counsel reasonably acceptable to the Seller and the City, from and against any and all loss, liability, damage, claim, cost, expense, and/or “increased costs” (including labor costs, penalties, reasonable attorneys’ fees, court and litigation costs and fees of expert witnesses) which, in connection with the development and/or construction (as defined by applicable law) of the Project, including, without limitation, any and all public works (if any) (as defined by applicable law) results or arises in any way from any of the following: (i) the noncompliance by the Purchaser of any applicable local, state and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, if applicable, the requirement to pay state prevailing wages), (ii) the implementation of Chapter 804, Statutes of 2003, (iii) the implementation of Sections 1726 and 1781 of the California Labor Code, as the same may be enacted, adopted or amended from time to time, or any other similar law, (iv) failure by the Purchaser to provide any required disclosure representation, statement, rebidding and/or identification which may be required by California Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, or any other provision of law and/or (v) failure by the Purchaser to provide and maintain any and all bonds to secure the payment of contractors (including the payment of wages to workers performing any public work) which may be required by the California Civil Code, California Labor Code Section 1781, as the same may be enacted, adopted or amended from time to time, or any other provision of law. The Purchaser hereby expressly acknowledges and agrees that neither the City nor the Seller has ever previously affirmatively represented to the Purchaser or its contractor(s) for the Project in writing or otherwise, that the work to be covered by the bid or contract is not a “public work,” as defined in Section 1720 of the California Labor Code. It is agreed by the Parties that, in connection with the development and construction (as defined by applicable law) of the Project, including, without limitation, any public work (as defined by applicable law), if any, the Purchaser shall bear all risks of payment 11 322
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or non-payment of state prevailing wages and/or the implementation of Chapter 804, Statutes of 2003 and/or California Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. “Increased costs” as used in this section shall have the meaning ascribed to it in California Labor Code Section 1781, as the same may be enacted, adopted or amended from time to time. The foregoing indemnity shall survive termination of this Agreement and shall not be merged with any other document.

XXIII.Severability
If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the Parties that all the other provisions of this Agreement be construed to remain fully valid, enforceable and binding on the Parties.

XXIV. Survival of Representations and Warranties
All covenants, representations, warranties, and other agreements under this Agreement shall survive the Close of Escrow.

XXV. Time of Essence
Time is of the essence and performance of this Agreement in respect to all provisions of this Agreement that specify a time for performance, and failure to comply with this provision shall be a material breach of this Agreement.

XXVI.Saturdays, Sundays, and Holidays
If any date by which an election or a notice must be given falls on a Saturday, Sunday or holiday, then the date by which an election or notice must be given is extended to 5:00 p.m. on the next business day following such Saturday, Sunday or holiday.

XXVII. Waiver
No breach of any provision of this Agreement can be waived unless in writing. Waiver of any one breach of a provision hereof shall not be deemed to be a waiver of any other breach of the same or any other provision, including the time for performance of any such provision. The exercise by a Party of any remedy provided in this Agreement or at law shall not prevent the exercise by that Party of any other remedy provided in this Agreement or at law. 12 323
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written.
“SELLER”

OXNARD COMMUNITY DEVELOPMENT

COMMISSION SUCCESSOR AGENCY,
a public body, corporate and politic
By: _________________________________
Name: _______________________________
Its: __________________________________
APPROVED AS TO FORM:

By: _________________________________

KANE, BALLMER & BERKMAN
Successor Agency Special Counsel
“PURCHASER”
MANY MANSIONS, a California nonprofit corporation
By: ______________________________________
Rick Schroeder, President
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Exhibit A
Form of Grant Deed
[behind this page]
14 325

APPRAISAL REPORT
Approximately 5,606 square feet of vacant land
located at 538 S. Meta Street,
Oxnard, California
(APN 201-0-213-100)
PREPARED FOR:

Adam Smith
Project Manager
City of Oxnard
Community & Economic Development Department
214 South C Street, Oxnard, CA 93030
PREPARED BY:

Kevin P. McAtee, MAI
HOFFMAN, VANCE & WORTHINGTON, INC.
1000 S. Seaward Avenue
Ventura, CA 93001
DATE OF VALUE: July 21, 2020
DATE OF REPORT: July 21, 2020
326
HOFFMAN, VANCE AND WORTHINGTON, INC.

REAL PROPERTY SERVICES - SINCE 1956

July 21, 2020
Mr. Adam Smith
Project Manager
City of Oxnard
Community & Economic Development Department
214 South C St.

Oxnard, CA 93030
Re: Approximately 5,606 square feet of vacant land located at 538 S. Meta Street, Oxnard, California (APN 201-0-213-100)
Mr. Smith:

In accordance with your request, I have personally examined and appraised the above described real property for the purpose of reporting to you my opinion of its Fair Market Value. A careful examination was made of the subject property and the surrounding area and of those factors which tend to influence the value of the subject property. This examination included the inspection and analysis of market data in the immediate and general vicinity of the subject that are physically, locationally and/or economically comparable.

The subject property is located at 538 S. Meta Street in Downtown Oxnard. The property consists of a single parcel of land measuring 5,606 square feet.

The subject property is located in Downtown Oxnard. The property was zoned CBD (Central Business District) until September 2019, when the City of Oxnard adopted its new Downtown Code. The purpose of the Downtown Code is to implement the development and uses of individual lots and buildings in the Downtown to create main street mixed-use areas serving urban neighborhoods of pedestrian-oriented streets with a variety of housing types. According to the new code, the subject property is zoned DT-G (Downtown General), a designation intended to integrate residential and commercial land uses.

Among the commercial uses permitted in the DT-G zoning are retail, office, and multi-family residential uses. With regard to residential uses, the DT-G zoning does not limit the number of units, or density, that could be approved for a property. The ultimate density would be a byproduct of design review and community input. Given the relatively recent change to the City’s zoning, a density acceptable to city planners and the surrounding community has not yet been established.

1000 SOUTH SEAWARD AVENUE, VENTURA, CALIFORNIA 93001-3798 | Tel. 805-642-0211 Fax 805-642-1220 327
Mr. Adam Smith
July 21, 2020

Page 2 ends

Only one land sale in the Downtown was available from which to discern current land values. The balance of land sales included in the appraisal sold prior to the zone change and/or are located outside the Downtown. Given the dearth of local high-density residential land sales comparables within Ventura County, a secondary set of sale comparables was included in the appraisal. The secondary set are high-density residential land sales in a broader geographic search that included parts of Los Angeles County. Within the analysis due consideration was afforded differences relative to location and demographics.

Based on my investigation and upon a complete review of the facts presented herein, it is my opinion that the Fair Market Value of the Fee Simple interest in the subject property, subject to the Assumption and Limiting Conditions contained herein, in cash equivalent terms as of July 21, 2020 was:
$252,000
Based on my discussions with knowledgeable brokers active in the area, I would anticipate an exposure period of approximately 3 to 6 months if the property were exposed to the market for sale at the appraised value.

This appraisal was performed following public awareness that COVID-19 was affecting residents in the United States. At the time of the appraisal, COVID-19 was beginning to have widespread health and economic impacts. The effects of COVID19 on the real estate market in the area of the subject property were not yet measurable based on reliable data. The analyses and value opinion in this appraisal are based on the data available to the appraiser at the time of the assignment and apply only as of the effective date indicated. No analyses or opinions contained in this appraisal should be construed as predictions of future market conditions or value.

Summary discussions of the data, reasoning and analyses that were used to develop the opinion of value are presented in the appraisal report, including summary descriptions of the subject property, the locale of the property, and the appraisers’ opinion of highest and best use. Any data, reasoning and analyses not discussed in this Appraisal Report are retained in the appraiser's work file.

Your attention is directed to the contents of this Appraisal Report, including all descriptions, market data, analyses and other relevant factors upon which the conclusions are based.

Every effort has been made to ensure that the Appraisal Report which follows complies with the Uniform Standards of Professional Appraisal Practice (USPAP) as promulgated by the Appraisal Standards Board of the Appraisal Foundation.

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Mr. Adam Smith
July 21, 2020

Page 3 ends

I, the undersigned, do hereby certify the statements and opinions rendered herein are true and correct to the best of my knowledge and belief, subject to the limiting conditions contained herein.

Sincerely,
HOFFMAN, VANCE & WORTHINGTON, INC.

Kevin P. McAtee, MAI
CA Certified General #AG014257

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SUMMARY OF SALIENT FACTS
Property Location 538 S. Meta Street, Oxnard
Assessor's Parcel Number 201-0-213-100
Property Description Vacant land
Land Area (sf) 5,606
General Plan Downtown
Zoning DT-G (Downtown General)
Highest & Best Use Commercial/residential development
Flood Hazard Zone Zone X
‘As Is’ Market Value $252,000
Date of Value July 21, 2020

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APPRAISAL REPORT
PURPOSE OF THE APPRAISAL:

The purpose of this appraisal is to provide the client with the appraiser's best estimate of the Fair Market Value of the subject property in its current state but according to any hypothetical conditions outlined earlier in this report.

Market value is defined by the federal financial institutions’ regulatory agencies as follows:1
The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:
(1) buyer and seller are typically motivated;
(2) both parties are well informed or well advised, and acting in what they consider their own best interests;
(3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and
(5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.

INTENDED USE OF THE REPORT:

This appraisal is intended for the exclusive use by the City of Oxnard to establish a basis of value for potential disposition purposes.
1 Office of the Comptroller of the Currency under 12 CFR, Part 34, Subpart C-Appraisals, 34.42 Definitions [f].)

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INTEREST VALUED:

Fee Simple. There are no personal property, fixtures, or intangible items which have been valued in this appraisal.

EFFECTIVE DATE OF VALUE:

July 21, 2020
DATE OF REPORT:

July 21, 2020
APPRAISAL DEVELOPMENT AND REPORTING PROCESS:

In preparing this appraisal, the appraiser made a number of independent investigations and analyses. Listed below are the investigations undertaken and the major data sources relied upon.

Location Description
The city analysis, while not included in this report, was conducted utilizing information obtained from a personal physical inspection by the appraiser, as well as sources such as municipalities, real estate brokers, the Chamber of Commerce, for example. Back-up information is maintained in the appraiser's work file.

Site and Improvement Description
The site description and analysis was prepared from information gathered during various physical inspections of the property and a review of the Ventura County Assessor's maps.

Land Sale Data
The factual information concerning land sales has been provided by Costar Group, Ventura County Coastal MLS, Loopnet and AgentPro 24/7, and/or information provided by local area brokers and other appraisers. An attempt has been made to contact buyers, sellers and brokers to verify all information and to ensure the data reflected "arm's-length" transactions.

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Source: Google Earth
Other Data
Other information, such as tax records and zoning, was provided by governmental sources.

To develop the opinion of value, the appraiser performed a complete appraisal process, as defined by the Uniform Standards of Professional Appraisal Practice.

This Appraisal Report in a summary narrative format is a brief recapitulation of the appraiser's data, analyses, reasoning and conclusions. Supporting documentation is retained in the appraiser's work file.

DESCRIPTION OF THE REAL ESTATE APPRAISED:

Area Description
The subject property is located in the City of Oxnard, California, Ventura County.

Specifically, the property is
located at 538 S. Meta
Street, between 5th and 6th
Street.

Oxnard is the most populous
city in Ventura County and
the 19th most populous in
California with just over
200,000 residents. The city
lies on the western edge of
the fertile Oxnard Plain,
approximately 35 miles west
of Los Angeles city limits and
30 miles south of Santa Barbara. The city of Ventura lies directly to the west and the city of Camarillo is to the east.

Oxnard was incorporated as a California city in 1903 and has always maintained a strong identity as an agricultural hotbed, now famous for its strawberries grown in its fertile plain. Naval bases at Point Mugu and Port Hueneme were established during World War II as the only major navigable ports between Los Angeles and San Francisco. Port Hueneme is the busiest and only deep-harbor commercial port in this span and is vital to trade with Pacific Rim economies.

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City of Oxnard’s Downtown Code
The economy of Oxnard is driven by international trade, agriculture, manufacturing, defense and tourism. Finance, transportation and energy, specifically petroleum, are also important employers in the region, with two large active oil fields currently being exploited. The largest employers in the city by number of employees are St.

John’s Regional Medical Center, Oxnard Union High School District, Waterway Plastics and Haas Automation.

Transportation and infrastructure resources are important factors affecting commercial real estate values. Oxnard is a major transportation hub of Southern California with Amtrak, Union Pacific, Metrolink and Greyhound all stopping in the city. Oxnard also has its own regional airport, and is 30 miles from Santa Barbara Airport and 50 miles from Los Angeles International.

Immediate Environs
The neighborhood in which the subject is
located is referred to as the Downtown
area. As of September 2019, the City of
Oxnard adopted a new zoning district
plan, referred to as the Downtown Code.

This new zoning replaced the CBD
zoning and other existing zoning in favor
of three new zones for all properties
within the Downtown boundaries. These
new zones are DT-C (Downtown Core),
DT-G (Downtown General), and DT-E
(Downtown Edge). According to the
City’s Downtown Code, each new zone
will incorporate community benefits.

These include public parking, public open
space, affordable housing, and
exceptional architecture.

The boundaries of the subject’s neighborhood can be described as 3rd Street to the north, 8th Street to the south, Meta Street to the east and C Street to the west. Land uses in the immediate proximity of the subject property are retail and vacant land to the north, and a single-family residence and vacant land to the south. To the east across an alley is railroad frontage outside storage. To the west across Meta Street is multi-family residential. The Plaza Stadium Cinemas 14, which is centered in a retail and restaurant area, and Plaza Park are located 3 blocks to the northwest.

Four blocks to the southwest is the Heritage Square, an office park comprised of

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historic homes relocated to the site. The subject’s location has access to a full range of transportation opportunities. Oxnard Blvd. is a major thoroughfare through town.

Both 3rd Street and 5th Street provide east/west arterials spanning the city of Oxnard and surrounding unincorporated areas. The Oxnard Transportation Center is located 2 blocks to the north.

Market Overview
The subject property is vacant land with a zoning designation that encourages commercial and residential uses. Therefore, the market overview discusses the retail, office and residential markets. The time period of consideration is the earliest date of the selected sale comparables, included in the Sale Comparable Approach, and the latest data available as of the date of this writing.

This appraisal was performed following public awareness that COVID-19 was affecting residents in the United States. At the time of the appraisal, COVID-19 was beginning to have widespread health and economic impacts. The effects of COVID-19 on the real estate market in the area of the subject property were not yet measurable based on reliable data. The analyses and value opinion in this appraisal are based on the data available to the appraiser at the time of the assignment and apply only as of the effective date indicated. No analyses or opinions contained in this appraisal should be construed as predictions of future market conditions or value.

Retail Market
According to NAI Capital’s Ventura County Q1 2020 Retail Market Outlook, Ventura County’s retail market witnessed steady growth in the first quarter until the COVID-19 shutdown. The average asking rent was up 5.1% from Q1 2019 to $2.07/SF - just 5% shy of the all-time high reached in Q3 2019. The vacancy rate increased a mere 50 bps year over year to 4.9%. Completed construction contributed to the uptick in vacancy. Twelve projects totaling 56K SF were added to the market over the past year - 29.4% of this space remained available at the end of Q1 2020.

However, the quarter ended with the unprecedented COVID-19 shutdown.

Consequently, Ventura County’s retail market faces uncertainty as the pandemic unfolds. The County’s limited construction will help alleviate any imbalance between demand and supply of new retail space. Ventura County boasts one of the highest

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Source: NAI Capital
median annual household incomes in SoCal at $88,516, which equates to more dispoable income to support the local retail sector.

Employment and income are
primary drivers of demand
for retail space. According to
the EDD, Ventura County
lost only 200 net jobs over
the month in March as the
unemplyment rate climbed
90 bps to 4.6%.

Construction, Manufacturing,
Financial Activities, and
Leisure & Hospitality sectors
collectively shed 500 jobs
while Retail Trade was unchanged. However, compared to March 2019, Retail Trade lost 1,000 jobs. This indicates the County’s brick and mortar retailers experienced some displacement due to ecommerce prior to the shutdown. As other retail markets in SoCal saw month-over-month contractions in retail employment, more are sure to follow.

The COVID-19 shutdown will have a lasting impact on demand for retail space in the quarters ahead. NAI Capital conducted a COVID-19 Impact Survey of retail market professionals to get a pulse of where the market could be headed. Respondents said: Rents will decline as market conditions won’t sustain pre-pandemic growth and some tenants move towards online-only sales. Sales prices will be lower; however, quality centers will still see demand from investors. Vacancy will increase and landlords will offer more concessions to keep tenants. Many landlords are proactively renegotiating leases, providing rent abatement or deferment with repayment plans.

Quarterly leasing activity surged to the highest level seen since Q3 2017 in terms of square footage, up 43.4% from the prior quarter and 28.5% above Q1 2019 to 338K SF. Ventura County retailers bucked the trend of taking smaller spaces observed in other SoCal markets - the average deal size increased 20% from 2,815 SF in Q1 2019 to 3,378 SF this quarter.

The East market spurred the quarterly uptick as leasing volume soared 290.1% above Q4 2019 and 53% year over year to 229K SF, accounting for 68% of total

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Source: NAI Capital
market transaction volume.

Office Market
According to NAI Capital’s Ventura County Q1 2020 Office Market Outlook, The Ventura County office market witnessed moderate growth in the 2.5 months prior to the pandemic shutdown. The average asking rent increased 1.2% from the prior quarter, up 8.2% from Q1 2019 to $2.51/SF. The average rent matched the Q4 2007 record, indicating that rent may have peaked this cycle. Class A rent was $2.84/SF, unchanged from the Q4 2019 record high. Vacancy remained on par with the past four years, up 100 bps from Q4 2019 and 20 bps from a year ago to 10.7%.

However, the quarter ended with the unprecedented COVID-19 shutdown, and the ramifications for the office market continue to unfold. Before the shutdown, the County saw steady employment growth alongside balanced supply and demand, which attracted investors to the office market. This quarter posted strong sales activity - up 176.3% year over year to 459K SF - as well as higher pricing.

Looking ahead, investors
are hesitant to make
decisions while the severity
of the pandemic is unknown.

Undercapitalized owners
could panic sell, resulting in
sales prives slowly dropping.

Tenants are in wait-and-see
mode, which will delay sales
and leasing, causing rising
vacancies in the interim.

Consequently, the outlook
on employment as a primary driver of demand for office space remains unstable.

According to the EDD, Ventura County shed 200 jobs month-over-month in March as the unemployment rate increased 90 bps to 4.6%. Financial Activities lost 100 jobs; conversely, Professional & Business Services added 100 jobs while Information, Education & Health, and Government sectors saw no changes.

The employment data demonstrates that the pandemic’s impact on office-occupying businesses will be mixed in the County. Hiring in essential Education & Health and Government sectors as well as Information may freeze or nominally rise in the short

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Source: California Association of Realtors
term. Tenants forced to work from home may reduce their footprints as they evaluate viability. Lukewarm demand coupled with lease defaults will push vacancy up. Landlords will offer concessions to keep tenants; many landlords are already renegotiating leases, offering rent abatement or deferring rent with repayment plans and/or restructuring with blend-and-extend leases.

Quarterly leasing activity gained steam following a sluggish end to 2019. Leasing volume by square footage rose 36.3% from Q4 2019 and 4.5% from Q1 2019 to more than 342K SF. This level of activity was consistent with Q1 leasing volume during the past six years, indicating stability.

The East accounted for 74% of Q1 leasing volume in terms of square footage at 253K SF, up 30.2% from Q4 2019 and 6.5% from Q1 2019. Entertainment/media and healthcare tenants drove this activity.

Residential Market
The County of Ventura’s residential market has been stable over the past several years.

According to the California Association of Realtors “Monthly Market Report: Ventura County”, April saw the sale of 330 single-family residential homes in Ventura County. This represented a 29.6% decrease in comparison to last year’s sales. Of the 1,041 active listings in the county, 28.3% reduced their listing price. The median price for single-family homes, however, was $675,000, a 3.8% increase from last year.

According to Zillow.com, the median home value in Oxnard is $518,706, as of March 2020. Oxnard home values have gone up 3.6% over the past year and Zillow predicts they will fall 2.2% within the next year. The median list price per square foot in Oxnard is $339, which is lower than the Oxnard-Thousand Oaks-Ventura Metro

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average of $367. The median price of homes currently listed in Oxnard is $567,500 while the median price of homes that sold is $544,500. The median rent price in Oxnard is $2,850, which is lower than the Oxnard-Thousand Oaks-Ventura Metro median of $2,950.

Below is an excerpt from a Ventura County Star article dated January 8, 2020 and titled “The past decade of Ventura County housing: low supply, tight rental market, rising prices”.

Like the rest of the country, Ventura County’s housing market was trying to emerge from the recession 10 years ago. But the region’s housing woes didn’t end there, as home and rental prices soared over where they’d been in the previous 10 years.

According to local real estate agents, housing experts and nonprofit leaders, low housing supply and lacking wage growth have defined the county’s housing market over the past decade.

Here’s a look back at the trends that have shaped the local housing market:

In July 2009, the overall average rent across Ventura County was $1,382, according to the Dyer Sheehan Group, a Ventura-based housing market analyst and land-use consultancy. In July 2019, the overall average rent was up to $2,000.

This represents a 45% increase, according to Dawn Dyer, President of the Dyer Sheehan Group, who added that the rent increase was “even more significant in smaller units, such as studios and one-bedrooms.”
According to Dyer, the average vacancy rate of Ventura County apartments shows a tight rental market with low availability for potential renters. Even during the recession, the county’s vacancy rate only went up to around 5%, which Dyer calls the “target rate” in other markets.
“During the worst recession, our vacancy rate was only 5%, which typically represents equilibrium. This shows how fundamentally tight our rental market is that we have a structural shortage of units,” Dyer said.

Ventura County’s vacancy rate is typically at or below 3%, and was at 3.6% in July 2019.
“The tight market impacts affordability or just availability,” Dyer said. “In some cities, there’s literally been a zero percent vacancy rate where there just wasn’t an available apartment for people to rent. And how it impacts the community as a whole is it is very challenging for companies and employers to retain people.” Dyer believes the only way to bring down rents is to increase supply, since current apartment construction isn’t keeping up with demand.

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“For many years, we built no apartments at all,” Dyer said. “A lot of people feel like every time they turn around, there’s a new apartment building, but they need to remember that we’re simply catching up for a couple decades where we were severely deficit in the number of apartment buildings that we had.” It’s no surprise that home prices were on the rise in Ventura County in the past 10 years, from a median sale price around $380,000 in 2010 to $500,000 in 2015 to $604,000 at the end of 2019.

These rising home prices leave many Ventura County families priced out of homeownership — or out of the county altogether.

Alex Vega is the director of lending services at the Ventura County Community Development Corp., a nonprofit that provides education for homebuyers and homeowners. He started there in 2007, and says homeownership felt “a lot more possible at the beginning of the decade.”
“In the beginning of the decade, the price of an entry-level home was at par with where income was so we were able to help a lot more people get housing,” Vega said.
“Compared to now ... you see median home prices have gone up, but wages in the county haven’t gone up as much in that same period, so it hasn’t stayed on par.” Ventura County’s low supply of available homes means people can’t take advantage of relatively low mortgage rates, says Jorge DeLeon, a broker and regional branch manager for Coldwell Banker and a former president of the Realtors group. “One of the major things that has gone down is interest rates, mortgage affordability is there but we don’t have the inventory to take advantage of it,” DeLeon said.

Mortgage rates are currently around 3%.

The solution to Ventura County’s housing woes? Supply, supply and more supply. “The only way we’re going to really help bring down the cost of housing is to create more supply,” Dyer said. “If supply is not sufficient to meet the needs of our county then the price is going to keep going up.”
The past decade saw the renewal of the county’s Save Open space and Agricultural Resources initiative, which is now in effect until 2050.

This impacted housing supply, according to DeLeon.
“The biggest struggle in the last decade in Ventura County was SOAR and the renewal of it. That’s the single most important thing that happened that affected real estate in the last 10 years,” DeLeon said. “That put pressure on our inventory and our ability to build more.”

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Housing leaders and advocates say development is necessary if Ventura County wants relief from high housing prices in the next decade. “As long as there’s not new building, the home prices will continue to climb,” Vega said with a warning. “We see in cities that are the most against new development, prices climb so high that the elderly population find it difficult to have children remain in the city where they grew up. NIMBYism is coming back to haunt people.” Below are excerpts from Dyer Sheehan Group’s January 2019 Ventura County Apartment Market Survey & Market Commentary (graphics from July 2019 report):

Oxnard rents were down for all but one bedroom units from July 2018 to January 2019, but the Overall Average Rent rose to $1,783, a 3.4% annual increase from January 2018. The January 2019 vacancy rate in Oxnard is 2.95%; the second highest in the county.

In addition to economic factors, demand for apartments continues to grow for a variety of reasons. Apartment living attracts a wide assortment of household types, including: Millennial singles, couples, and roommates starting out in life, working families, lifestyle renters,
empty-nest Baby Boomers,
and single person
households. Millennials now
represent the largest
demographic group in the
U.S., and the choices they
are making have a significant
impact on housing demand.

With a stronger job market,
Millennials who had moved
back in with parents, as well as people who had previously doubled up in housing to save money, have been able to establish their own households, driving further

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demand for apartments. “Lifestyle Renters” appreciate apartment communities that offer a wide range of luxury amenities. Apartment living holds strong appeal to those who seek the “lock and leave” convenience and flexibility of a rental home, versus the demands and upkeep of home ownership. And higher density, urban infill housing allows residents to reduce their carbon footprint. As Baby Boomers age, more are choosing the convenience of living in high-quality apartments located close to shopping and services, rather than remaining in their empty-nest homes. In fact, Senior Housing is a HUGE market segment, with the number of Americans aged 65 and up expected to more than double by 2060. Additional demand for apartments comes from single person households, an expanding segment of American society, which often opts for rental living.

Apartment residents are also
becoming more discerning in
their choice of communities.

No longer just a “stop-over”
on the way to
homeownership, renting is
now viewed as a strategic
choice that may last a
lifetime, or at least a decade,
for many tenants. Today’s
renters are seeking
amenities that enhance their
lifestyle, provide convenience, and fit their values. Top trends to consider include Pets, Parking, and Packages.

Over 80 million U.S. homes include a pet. More than 70% of apartment residents report owning a pet, and 75% of Americans under the age of 30 report having a dog.

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As we continue to enjoy the longest economic recovery in modern history, much speculation has arisen as to when the next recession will begin. Global economic uncertainty combined with trade wars, and an expiration of any initial benefits from the recent corporate tax cuts, have created some headwinds to future economic growth. The Federal Reserve’s decision not to hike interest rates again in 2019, combined with a recent flattening and slight inversion of the yield curve, could be early indicators of an economic slowdown, if not in 2019, by early 2020. Even if the economy dips into recessionary territory, I would expect the rental market to remain relatively strong in Ventura County with vacancy at or below 3%, and slightly slower rent appreciation in the range of 3.0% to 3.5%. Despite more Ventura County apartments being built over the past few years than has occurred for decades, local planning policies combined with higher costs for land, labor and materials will limit future apartment construction to well below anticipated demand for new rental housing.

Conclusion of Market Overview
The various sectors of the real estate market served by the subject’s zoning, commercial and residential, appear strong. Vacancies are down and sale prices and rental rates are healthy. In the case of the multi-family residential market, supply appears to be the issue. The number of sale transactions appear healthy and interest rates continue to be favorable.

From my research of the comparable land sales, and after discussions with knowledgeable brokers in the immediate area, I am of the opinion that 6 to 9 months would be a reasonable exposure time for the subject property.

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Property Description
Site Description:

The subject property consists of a
single legal lot identified by the Ventura
County Assessor as assessor parcels
201-0-213-100. The parcel is
undeveloped land. The property has a
street address of 538 S. Meta Street.

The parcel measures 5,606 square feet.

The subject property is located one
block east of Oxnard Blvd. Oxnard’s Downtown area, arguably focused on the intersection of A Street and 5th Street, is located several blocks further to the northwest. As discussed in
the Neighborhood
Description, the intersection
has been the focus of a
renaissance in the
Downtown, and is home to
multi-plex movie theater and
assorted retail and
restaurant establishments. It
is also proximate to the
Plaza Park. The subject
property’s location is
considered secondary
relative to the focused
rejuvenation efforts in the
Downtown over the past
many years. Efforts to bring the subject’s surroundings into focus, in fact, is the current subject of city Planners.

The site is rectangular in shape with approximately 25 lineal feet of frontage on Meta Street. Topography is essentially level.

The subject property is improved with sidewalks, curbs and gutters along North Ventura Road.

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Subject Property Facing West
Utilities are to the site:

Electricity- Southern California Edison
Gas- Southern California Gas
Water- City of Oxnard
Sewer- City of Oxnard

The subject property is identified in the City of Oxnard’s General Plan as Downtown.

The property was zoned CBD
(Central Business District)
until September 2019, when
the City of Oxnard adopted
its new Downtown Code.

The purpose of the
Downtown Code is to
implement the development
and uses of individual lots
and buildings in the
Downtown to create main
street mixed-use areas
serving urban neighborhoods
of pedestrian-oriented streets with a variety of housing types.

The Code is guided by the following principles:

A. Generate appropriately-scaled buildings for the intended physical character.

B. Protect the character of established neighborhoods.

C. Provide neighborhood main streets for vibrant social and commercial focal points within walking distance of many homes and transit.

D. Provide diverse and high quality housing choices.

E. Provide walkable neighborhood patterns through a network of well-designed streets that are safe for motorists, pedestrians and bicycles.

F. Provide and manage parking facilities that serve an area rather than lot by lot to create a park-once pedestrian district.

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Subject Property Facing East
City of Oxnard’s Downtown Code
Development in Downtown is not limited by density and/or floor area factors applied to individual parcels because the standards of this chapter have been prepared to implement the aggregate amount allowed by the General Plan through the intended physical character described in this code. Additional building height may be granted to a
project in return for specific
community benefits offered
by the project proponent
including shared parking
available to the public, public
open spaces, affordable
housing, and exceptional
architecture. The maximum
potential development is
2,284 residential units and 3
million square feet of nonresidential space.

According to the new code, the subject property is zoned DT-G (Downtown General), a designation intended to integrate residential and commercial land uses.

The property’s zoning is DT-G (Downtown General). According to the City of Oxnard’s Downtown Code, the purpose and intent of the DT-G zoning is as follows:

The Downtown General is
characterized by a mix of
non-residential ground floors
frontages with shop-fronts
and residential ground floors
set back behind
pedestrian-oriented frontages
and resident/visitor access
via dooryards, stoops, and
spacious lobbies. Buildings are up to 106 feet when community benefits are included.

Permitted uses for this zoning include commercial and residential. Prohibited uses include drive-in/drive-through restaurants, social services, and thrift stores, to name a few.

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City of Oxnard’s Downtown Code
Development standards include the following:
• Maximum height of 85 feet, or 106 feet when community benefits are included.
• Non-residential structures require no setbacks while residential structures must be a minimum of 10 feet from the primary and side streets. • Parking along primary streets will have a setback of 30 feet. Side street within 75 feet of the front of the property will have a 30 foot setback while side streets 75 feet back from the front of the property will have a 5 foot setback. Side yards and rear alleys will have a 5 foot setback. Side street or front driveways must be setback 12 feet for residential and 18-25 feet for commercial.
• Commercial buildings will have a minimum of 50% in-Lien fee parking with one space per 1,000 SF. Residential buildings with private garages will have one space per unit for studios and 1-bedrooms while 2 or more bedroom units will have 2 spaces per unit. Multi-family residential with shared parking or an open structure will have 0.5-1.65 spaces per unit, with 0.5-0.99 parking spaces per unit paying an in-Lien fee.
• There is no maximum requirement for residential density. • Residential dwellings will have no less than 400 square foot net area. • A minimum of 10% of a project’s units must be affordable housing.

The Downtown Code
requires that each new
building or façade renovation
be designed in one of the
allowed styles. The content
of these Guidelines is
advisory, not regulatory.

According to information
provided, the City’s vision of
the Downtown will include
residential densities up to
200 units per acre.

According to the prescribed
density, the subject property
could accommodate up to 30
units. Given the uncertainty of an ultimate density approved by the City, a density

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of between 10 and 30 units per acre was considered. Four properties were considered to support the density range for a property of the subject’s size, each of which is currently for sale. They are:
648 N. Ardmore Avenue, Los Angeles - .17 acre site entitled for 9 apartment units. Asking $1,299,800 ($173/land sf; $144,422/unit). 311 S. Berendo Street, Los Angeles - .16 acre site entitled for 30 apartment units and 391 square feet of ground floor retail. Asking $2,999,000 ($430/land sf; $99,967/unit).
3750 5th Avenue, San Diego - .15 acre site entitled for 23 apartment units and 815 square feet of ground floor retail. Asking $2,700,000 ($413/land sf; $117,391/unit).
6651 Bancroft Avenue, Oakland - .15 acre site entitled for 21 apartment units. Asking $1,495,000 ($229/land sf; $71,190/unit).

The subject property is located in Zone X, which is an area of minimal flood hazard.

Flood insurance is available in participating communities but is not required by Federal regulations. The Community and Map Panel number is 06111C0910E (effective January 20, 2010).

While a soils report was not provided for review, no evidence of settling was noted upon inspection.

A title report was not provided the appraiser for review. A precise determination of issues of title are beyond the scope of investigation by the appraiser. Title to the property is assumed to be good and marketable.

A routine physical inspection disclosed no potential environmental issues. I am neither qualified nor trained to assess hazardous substances. No warranty is expressed or implied as to the danger of, or impact on value resulting from, the hazardous materials. The appraiser has no knowledge of the existence of such materials on or in the property, and is not qualified to detect such substances. The presence of substances such as lead paint, asbestos, urea-formaldehyde foam insulation or other potentially hazardous materials may affect the value of the property. As stated in the Assumptions and Limiting Conditions, the appraiser’s value estimate is based on the assumption that there is no such material on or in the

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property that would cause a loss in value unless otherwise stated in this report. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field, if desired.

Other than those stated in this report, there are no major hazards or nuisances that are known to exist which would preclude efficient utilization of the site. The site is therefore judged to have positive physical and locational attributes that enhance the overall marketability and appeal of the property as a whole.

Conclusion
The subject site is physically well-suited for a variety of uses. Its location within the Oxnard’s Downtown are of benefit to the property. There appears to be no major hazards or nuisances that are known to exist which would preclude efficient utilization of the site. The site is, therefore, judged to have positive locational and physical attributes that enhance the overall marketability and appeal of the property as a whole.

HISTORY OF OWNERSHIP:

According to public records, the subject property has been owned by the City of Oxnard or a related entity since 2011. No transfers of ownership are known to have occurred in the recent past.

REAL ESTATE TAXES:

The subject property is owned by a tax exempt agency and, therefore, is not assessed property taxes.

In the event of a transfer, the property would be reassessed. The passage of Proposition 13 established a maximum property tax of 1% of full cash value on transfer of the property or on new construction. In addition to the base tax rate of 1%, amounts necessary to satisfy general obligations, bonds, or other indebtedness approved by the voters prior to July 1, 1978, is added to the tax rate. The amount of the taxes is limited to a maximum increase of 2% per year by law for each year of continued ownership. All property is reassessed at full market value upon resale.

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HIGHEST AND BEST USE:

Introduction
Highest and Best Use is an appraisal concept which addresses the actual and/or hypothetical utilization of a site in relation to the physical, social, governmental and economic constraints affecting it. Of key importance in analyzing vacant land and/or improved property in terms of highest and best use is a determination of net benefits (monetary and non-monetary) which inure to the property as a result of a specified program of utilization. The Appraisal Institute defines Highest and Best Use as:

The reasonably probable and legal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value. 2 The Appraisal Institute recognizes the concept of highest and best use as being distinguishable into two categories:
1) The highest and best use of the land, as though vacant and available for development, and;
2) The highest and best use of the total property, as it is presently improved.

Because the subject property is vacant, undeveloped land, the highest and best use of the land only is included in the discussion which follows.

HIGHEST AND BEST USE OF THE LAND
Any supportable conclusion as to the highest and best use of the land (site) must be capable of meeting four criteria. The use must be:
1) Legally permissible
2) Physically possible
3) Financially feasible
4) Maximally productive
2 The Appraisal Institute, The Appraisal of Real Estate, Tenth Edition, (Chicago, Illinois), 1992, p. 275.

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Legally Permissible
As discussed, the subject parcel is located in Oxnard’s Downtown and is zoned DTG (Downtown General), a designation which promotes commercial and/or residential uses.

Physically Possible
The site should be able to support the allowable uses. Access to the area and ingress and egress to the property are judged to be average. Utilities are in the area. For these reasons, the site is physically capable of satisfying a number of uses, including land uses in keeping with its zoning.

Financially Feasible
The subject is currently vacant, undeveloped land. Given current development activity, modest appreciation in the market, declining vacancy rates, and favorable interest rates, it is felt that a development consistent with its zoning is feasible in the current subject market.

Maximally Productive
Among financially feasible uses, this is the use which results in the greatest residual rate of return is the highest and best use. It is possible that different utilizations of a site within a general use category can produce equivalent investment returns, and hence each be considered a highest and best use. In estimating the greatest yield to the property, the physical, social, political, and economic forces are all examined in terms of their interrelationship and impact on the potential for maximal productivity. Among the various uses considered available to the subject property, a commercial and/or residential use is considered to be maximally productive.

SUMMARY OF ANALYSIS AND VALUATION:

Selection of Appropriate Valuation Approach
The Cost Approach has not been used to value the property because experience has shown that most buyers and sellers of properties which have broad market appeal give very little consideration to the Cost Approach other than as a passing curiosity. This is because the Cost Approach does not provide an easily determinable indication of the property's appeal in the market. The Cost Approach is most useful for valuing special purpose properties for which there may be little or no comparison sales data or an applicable income stream.

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The Sales Comparison Approach is based on the concept that the value of a property tends to be set by the sales price of equally desirable substitute properties.

The value is predicated on prices paid for similar properties in "arms-length" market transactions over a time period that reasonably reflects market conditions.

Therefore, the validity of the Sales Comparison Approach depends on the existence of recent sales of properties which are comparable in location, size, utility, and overall market appeal. This method can be useful for valuing developed general purpose properties or vacant land.

The Income Capitalization Approach is predicated on using one or more of several capitalization processes, employing market derived investment return rates to capitalize the net income into a value estimate. In addition to return rates, every element of the cash flow is market derived or supported, this included rents, expenses and vacancy rates. Therefore, as with the other approaches to value, the validity of the Income Capitalization Approach depends on adequate market data.

In the case of the subject property, the Income Capitalization Approach was not used as the highest and best use of the subject property is as if vacant.

In conclusion, a single method was used to determine the value of real estate, the Sales Comparison Approach.

Sales Comparison Approach
To estimate the value of the subject site, the Sales Comparison Approach has been utilized. A search was conducted throughout the subject's market area to identify sales of vacant sites considered generally comparable to the subject site. The sales utilized in this analysis were gathered through a search of the County public records, market data source providers, as well as interviews with local brokers. The sales have been analyzed and compared to the subject on the basis of the physical and locational factors which influenced their respective prices.

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LAND SALE SUMMARY TABLE
No.

Address/
Assessor Parcel No.

Date
Doc. #
Size
(SF) Zone
Sale
Price
Price/
SF
1 217-235 E. Sixth Street, Oxnard
(APN 201-0-213-110)
Feb-20
#14777
18,295 DT-G $875,000 $47.83
2 111 Palm Drive, Oxnard
(APN 200-0-051-090)
Sep-19
#116713
4,100 DT-G $130,000 $31.71
3 1210-1246 Oxnard Blvd., Oxnard
(APN 204-0-020-050, et al)
Mar-19
#25331
68,045 C-2 $2,100,000 $30.86
4 S. G Street, Oxnard
(APN 202-0-152-305, 315 & 325)
May-19
#50046
20,909 R3 $700,000 $33.48
5 213 S Roosevelt Avenue, Oxnard
(APN 201-0-128-110)
Oct-18
#121000
7,405 R3 $180,000 $24.31
6 852 S. A Street, Oxnard
(APN 202-0-183-140)
Jan-18
#7174
3,462 CBD $91,500 $26.43
Sub 538 S. Meta St, Oxnard 5,606 DT-G TBD TBD

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Sale Comparable No. 1 is located at 217-235 E. Sixth Street, Oxnard (APN 201-0- 213-110). The property consists of 18,295 square feet of level land. The property is located adjacent to the subject property. The property is vacant, undeveloped land with a rectangular shape. The property is zoned DT-G (Downtown General).

The property was advertized
as capable of
accommodating 16
residential units, with up to
23 units when including
density bonus. According to
the listing agent, the property
sold with no entitlements.

The buyer intends to
construct an affordable multifamily development and take advantage of the density
bonus. The property sold on February 3, 2020 (Doc. No. 14777) for the list price of $875,000. The sale price equated to $47.83 per square foot. The buyer and seller were Many Mansions and Oxnard Property Partners LLC.

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Sale Comparable No. 2 is located at 111 Palm Drive, Oxnard (APN 200-0-051- 090). The property consists
of 4,100 square feet of level
land. The property is
adjacent to commercial
buildings. The property is
vacant, undeveloped land
with a regular shape. The
property sold with no
development entitlements.

The property is zoned DT-G
(Downtown General). The
buyer was an owner/user,
intending to use the property
for his construction company. The sale occurred on September 27, 2019 (Doc. No. 116713). The sale price was reported at $130,000, cash to seller. The sale price equated $31.71 per square foot of land area. The buyer and seller were Videcon Group LLC and Miguel Viera, respectively.

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Sale Comparable No. 3 is located at 1210-1246 Oxnard Blvd., Oxnard (APN 204-0-020-050, 080, 090,
100, 110, 140, 150, 210,
270, 280). The property
consists of 68,045 square
feet of level land. The
property is vacant,
undeveloped land with a
rectangular shape. The
property sold with no
development entitlements.

The property is zoned C-2
(General Commercial). The
sale occurred on March 8, 2019 (Doc. No. 25331). The sale price was reported at $2,100,000, cash to seller. The sale price equated $30.86 per square foot of land area. The buyer and seller were Carbajal Corporation and Affordable Housing Land Consultants LLC, respectively.

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Sale Comparable No. 4 is located at S. G Street, Oxnard (APN 202-0-152-305, 315 & 325). The property
consists of 20,909 square
feet of level land. The
property is adjacent to a
community park and multifamily residential. The
property is vacant,
undeveloped land with a
regular shape. The property
sold with no development
entitlements. The property is
zoned R3 (Garden Apartment Residential). According to the City of Oxnard, as of the date of this report, a four-story multi-family residential building with 19 units had been proposed to the City of Oxnard. Therefore, the property has a density of 39 units per acre. The sale occurred on May 7, 2019 (Doc. No. 50046). The sale price was reported at $700,000, cash to seller. The sale price equated to $33.48 per square foot of land area. The buyer and seller were G R Builders LLC and JBGR Investments LLC, respectively.

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Sale Comparable No. 5 is located at 213 S Roosevelt Ave, Oxnard (APN 201-0- 128-110). The property
consists of 7,405 square feet
of level land. The property is
adjacent to residential,
industrial and the railroad.

The property is vacant,
undeveloped land with a
regular shape. The property
sold with no development
entitlements. The property
is zoned R3 (Garden
Apartment Residential). The property was approved for 2 units, or a density of 11 units per acre. The sale occurred on October 26, 2018 (Doc. No. 121000). The sale price was reported at $180,000, cash to seller. The sale price equated to $24.31 per square foot of land area. The buyer and seller were Leyva Properties LLC and Baudelio Cuevas, respectively.

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Sale Comparable No. 6 is located at 852 S. A Street, Oxnard (APN 202-0-183- 140). The property consists of 3,462 square feet acres of level land surrounded by retail property. The property
is zoned CBD (Central
Business District). The
property has level
topography. Utilities are to
the property. The property is
rectangular in shape. The
property sold with no
development entitlements.

The property sold on
January 23, 2018 (doc. no.
7174). The sale price was
reported at $91,500,or $26.43 per square foot, cash to the seller. The buyer and seller were George & Manal Jobeh and City of Oxnard, respectively. The buyer is the neighboring property owner and reportedly purchased the property for parking.

The City listed the property with a local commercial real estate firm, Lee & Associates. The sale was a closed-bid process with a minimum bid of $30,000. The ultimate buyer’s offer was received in September 2017 and approved by the City Council in November 2017.

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Discussion of Physical and Locational Characteristics
Each land sale surveyed has been analyzed in terms of a number of selected property characteristics. All of the properties are similar to the subject in one or more characteristics, and together, serve as a reasonable comparison pool for establishing an indication of value for the subject property. Due to numerous simultaneous differences among the comparables, it is sometimes not possible to precisely extract specific adjustments relative to the noted differences in the comparison characteristics; however, wherever general directions in value are identified they may be relied upon wherever possible and reasonable. In addition, knowledgeable active brokers and principals are interviewed to obtain opinions of the impact on value due to differences in the adjustment variables. These opinions are then factored in with the observed trends in the market data to develop adjustments for the identified differences between the comparison properties and the subject property relative to the selected comparison characteristics. In some cases, adjustments are based on mathematical estimates which are then tested for reasonableness in light of the opinions of informed sources.

The sales were all reportedly arms-length transactions with no relationship between the buyer and seller. In addition, the property rights conveyed were felt to be comparable with the subject, representing the fee simple interest.

A transaction price is always predicated on the real property interest conveyed.

The interest sold for each of the selected comparables was the fee simple interest.

The adjustment for conditions of sale reflects the fact that some properties are sold on with an atypical motivation on the part of the buyer or seller. In the case of the comparables discussed above, Sale Comparable No. 6 was purchased by the adjacent property owner with the intent on using the property to enhanced their onsite parking. The balance of the selected sales included no unusual motivation on the part of the buyer or seller.

The adjustment for financing reflects a cash equivalence calculation. The calculation takes into account financing provided by a seller as an enhancement to the buyer. The enhanced financing would include terms considered more favorable than those available through conventional financing. In the case of the selected comparables, no finance enhancements were reportedly provided the buyers.

Adjustments for market conditions are based on a comparison of market supply-

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demand conditions at the date of sale as compared to the supply-demand conditions on the date of value. Typically, market statistics can provide insight into the market conditions at a particular point in time. After a review of market activity between the earliest sale in January 2018 and the date of value, no adjustment for market conditions was made.

Adjustments for location address perceived differences in general and/or specific location. Factors considered include surrounding retail uses, proximity to Oxnard’s Downtown and major arterials, and the character of surrounding development including property maintenance levels. Sale Comparable No. 1 is adjacent to the property and, therefore, considered most similar regarding location. Sale Comparable Nos. 2, 3 and 6 were considered similar to the subject. Sale Comparable Nos. 4 and 5 were considered inferior due to their distance from a major thoroughfare.

Adjustment for size follow the general economy of scale rule that smaller size equates to larger unit prices. Conversely, larger properties generally sell for smaller unit prices. While this is the general rule, it is worth noting that sites which are relatively small are more difficult to develop, particularly with respect to on-site parking requirements. Extracting reasonable adjustments for size from the market can be achieved utilizing the paired analysis. If sufficient information is not available to complete such an analysis, which often is the case, a thorough review of market trends can be researched through broker interviews and historical statistical information. At 5,606 square feet, the subject is most similar to Sale Comparable Nos. 2, 5 and 6, which range from 3,462 to 7,405 square feet. Sale Comparable Nos. 1, 3 and 4, which range from 18,295 to 68,045 square feet, were considerably large than the subject, for which qualitative upward adjustments were made.

Differences in zone designation result in differences in allowable uses, minimum lot size, etc. As discussed in the Property Description, the subject property is zoned DT-G (Downtown General), a zoning designation allowing commercial and/or residential uses. A mixed use development incorporating both a commercial and residential element is encouraged by the City. Furthermore, the City is encouraging high density residential development in the downtown, although no such projects are yet approved. Sale Comparable Nos. 1 and 2 are similarly zoned DT-G. Sale Comparable No. 1 was purchased with the intent of pursuing a 23-unit affordable multi-family residential development. Sale Comparable No. 2 was purchased by an owner/user intending to use the property for his construction company. Sale

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Comparable No. 3 is zoned commercial, for which it was considered inferior given the limitation to only commercial uses. Similarly, Sale Comparable Nos. 4 and 5 are limited to residential uses, for which they were also considered inferior. Sale Comparable No. 6 was zoned CBD at the time of sale, but has since been changed to DT-G. The old CBD zoning allowed commercial, as well as residential with a conditional use permit. The sale comparable was considered inferior relative to its zoning designation as of the date of sale.

Entitlement status was also considered. None of the selected sales were entitled for development.

Off-sites refer to the improvements such as curb, gutters, sidewalks or storm drains. All of the selected sale comparables included off-site improvements.

With regard to shape, the subject is rectangular shaped. Obviously, shape is the definitive characteristic affecting the market value of the subject property. All of the selected sale comparables were considered to have relatively similar shape, resulting in no qualitative adjustments.

Exposure plays an important role in the value of commercial properties such as the subject. Sale Comparable Nos. 2, 3 and 6 are located on or near Oxnard Blvd. and were, therefore, considered superior relative to exposure. Sale Comparable Nos. 4 and 5 were considered inferior, while Sale Comparable Nos. 1 was considered similar.

The subject property was considered to have excellent access given its proximity to Oxnard Blvd. Sale Comparable No. 1 is the most similar given its proximity to the subject property. Sale Comparable Nos. 2, 3 and 6 were considered to have superior access. Sale Comparable Nos. 4 and 5 were considered inferior to the subject relative to access.

The unadjusted unit prices range from approximately $24.31 to $47.83 per square foot. The comparables are compared relative to the subject as follows:

Sale Comparable No. 1 was considered the most relevant sale given the recent sale date. It is the only sale that occurred after the City of Oxnard changed the zoning designations in the Downtown. The property is located adjacent to the subject property. The comparable’s size with 18,295 square feet was considered

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inferior on a unit value basis relative to the subject with 5,606 square feet.

Sale Comparable Nos. 2, 5 and 6 were considered the most similar relative to size with a range of 3,462 to 7,405 square feet.

After reviewing the selected sale comparables, it was apparent that the market data, while illustrative of land values, presented a range of market values. Absent paired sales from which to scientifically extract adjustments for locational and physical characteristics, the appraiser is left to interpret the data applying one’s professional judgement.

In the end, a unit value of $45.00 per square foot was considered reasonable for the subject property.

Secondary Market Data
Given the dearth of local high-density residential land sales comparables within Ventura County, the appraisal of the subject includes high-density land sales in a broader geographic search that included the San Fernando Valley. Within the analysis due consideration was afforded differences relative to location and demographics. The sales occurred between March 2016 and October 2019 and sold for unit values ranging from $89 to $249 per square foot. Details of the individual sales has been retained in my work file.

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San Fernando Valley Residential Land Sales
No. Address
Date/
Doc. No.

Size
(Acre) Zoning
Density
(Du/Ac)
Sale
Price
Price/
Unit
1 14536 Burbank Blvd, Sherman Oaks
(APN 2249-001-004)
10/16/19
#1101656

0.29 R3 186 $2,700,000 $214
2 6636 Variel Ave, Canoga Park
(APN 2148-029-021, 022 & 029)
3/8/19
#207262

2.86 WC 140 $31,000,000 $249
3 7111 Sepulveda Blvd, Van Nuys
(APN 2222-029-005)
2/12/18
#143209

1.22 C2 148 $9,500,000 $179
4 6500 N Sepulveda Blvd, Van Nuys
(APN 2235-002-024)
7/8/16
#801979

1.23 R4 108 $10,150,000 $189
5 10842 Magnolia Blvd, North Hollywood
(APN 2419-008-056)
4/15/16
#426004

0.43 C4 107 $3,500,000 $187
6 21425 W Vanowen St, Canoga Park
(APN 2138-011-097)
3/29/16
#342115

1.13 C1-M1 154 $8,150,000 $166
7 8554 Glenoaks Blvd, Sun Valley
(APN 2404-009-016)
3/21/16
#303169

0.70 R1 109 $2,700,000 $89
8 11111 Cumpston St, North Hollywood
(APN 2350-003-061)
3/4/16
#239814

0.38 R4 121 $3,800,000 $230
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The San Fernando Valley land sales were included to provide evidence of highdensity multi-family land sales in active apartment markets. No such sales could be identified in Ventura County. While a plethora of transactions have occurred in Los Angeles County, those selected were the most proximate to the subject’s market, and represent similar per capital income levels and apartment rental rates. The populations surrounding the San Fernando Valley sales are significantly greater than the population surrounding the subject property. The population difference is considered a likely driver of heightened demand and, therefore, shorter absorption periods for any new development. As of this writing, the Downtown Oxnard market is untested with regard to high-density multi-family absorption.

Market Value Conclusion
Based on the preceding considerations, it was concluded that a reasonable Fair Market Value indicator for the subject, as of the date of value and subject to the Assumptions and Limiting Conditions, was $45.00. Applying the concluded unit value of $45.00 per square foot to size of the subject parcel at 5,606 square feet results in a value of $252,000, rounded.

Reconciliation and Conclusion of Final Value
Of the three methods used to determine the value of real estate, only one method, the Sales Comparison Approach, was considered viable for determining the market value of the subject.

The results of the individual approach was the estimated subject’s Fair Market Value of the Fee Simple interest in the subject property. After consideration to all information contained in the report, it is the appraiser's opinion that the Fair Market Value of the Fee Simple interest in the subject property herein described, subject to the Assumptions and Limiting Conditions, as of July 21, 2020, was:
$252,000

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ASSUMPTIONS AND LIMITING CONDITIONS:

1. No responsibility is assumed for legal or title considerations. Title to the property is assumed to be good and marketable unless otherwise stated in this report.

2. The property is appraised free and clear of any or all liens and encumbrances unless otherwise stated in this report.

3. Responsible ownership and competent property management are assumed unless otherwise stated in this report.

4. The information furnished by others is believed to be reliable. However, no warranty is given for its accuracy.

5. All engineering is assumed to be correct. The plot plans and illustrative material in this report are included only to assist the reader in visualizing the property.

6. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for arranging for engineering studies that may be required to discover them.

7. It is assumed that there is full compliance with all applicable federal, state, and local environmental regulations and laws unless otherwise stated in this report.

8. It is assumed that all applicable zoning and use regulations and restrictions have been complied with, unless a nonconformity has been stated, defined, and considered in this appraisal report.

9. It is assumed that all required licenses, certificates of occupancy consents, or other legislative or administrative authority from any local, state, or national governmental or private entity or organization have been or can be obtained or renewed for any use on which the value estimates contained in this report are based.

10. Any sketch in this report may show approximate dimensions and is included to assist the reader in visualizing the property. Maps and exhibits found in this report are provided for reader reference purposes only. No guarantee as to accuracy is expressed or implied unless otherwise stated in this report. No survey has been made for the purpose of this report.

11. It is assumed that the utilization of the land and improvements is within the boundaries or property lines of the property described and that there is no encroachment or trespass unless otherwise stated in this report.

12. The appraiser is not qualified to detect hazardous waste and/or toxic materials. Any comment by the appraiser that might suggest the possibility of the presence of such substances should not be taken as confirmation of the presence of hazardous waste and/or toxic materials. Such determination would require investigation by a

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qualified expert in the field of environmental assessment. The presence of substances such as asbestos, urea-formaldehyde foam insulation or other potentially hazardous materials may affect the value of the property. The appraiser's value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value unless otherwise stated in this report. No responsibility is assumed for any environmental conditions, or for any expertise or engineering knowledge required to discover them. The appraiser's descriptions and resulting comments are the result of the routine observations made during the appraisal process.

13. Unless otherwise stated in this report, the subject property is appraised without a specific compliance survey having been conducted to determine if the property is or is not in conformance with the requirements of the Americans with Disabilities Act.

The presence of architectural and communications barriers that are structural in nature that would restrict access by disabled individuals may adversely affect the property's value, marketability, or utility.

14. Possession of this report, or a copy thereof, does not carry with it the right of publication. It may not be used for any purpose by any person other than the client without the prior written consent of the appraiser, and in any event, only with proper written qualification and only in its entirety.

15. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser, or the firm with which the appraiser is connected) shall be disseminated to the public through advertising, public relations, news sales, or other media without prior written consent and approval of the appraiser.

16. The appraiser, by reason of this appraisal, is not required to give further consultation, testimony or be in attendance in court, or in any other governmental or other hearing with reference to the subject property unless specific arrangements have been previously made with the appraiser relative to such additional employment.

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SPECIAL ASSUMPTIONS AND LIMITING CONDITIONS:

1. A soils report or environmental report specific to the subject property was not provided to the appraiser. The unavailability of this information requires the limiting condition that a precise determination of issues of soils condition are beyond the scope of investigation by the appraiser, and the assumption is made that there are no negative conditions related to the soil.

2. No title report was provided. I have assumed that no negative title issues exist which would impact the marketability or value of the subject property.

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HOFFMAN, VANCE & WORTHINGTON, INC.

CERTIFICATION:

I certify that, to the best of my knowledge and belief:

1. The facts and data reported in this report are true and correct.

2. The reported analyses, opinions, and conclusions are limited only by the assumptions and limiting conditions stated in this report, and are my personal, unbiased professional analyses, opinions and conclusions.

3. I have no present or prospective interest in the property that are the subject of this report and no personal interest with respect to the parties involved.

4. I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment.

5. My engagement in this assignment is not contingent upon developing or reporting predetermined results.

6. My compensation for completing this assignment was not contingent upon the developing or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal.

7. I have performed no other services, as an appraiser or in any other capacity, regarding the subject property that is the subject of this report within the three-year period immediately preceding accepting this assignment.

8. The reported analyses, opinions, and conclusions were developed, and this report has been prepared in conformity with the current requirements of the Uniform Standards of Professional Appraisal Practice (USPAP) as published by the Appraisal Foundation.

9. I have made a personal inspection of the property that is the subject of this report.

10. Emily McAtee of HOFFMAN, VANCE & WORTHINGTON provided significant professional assistance in the appraisal assignment. Ms. McAtee provided assistance in the compilation of property information, market data, and composing the report.

11. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute.

12. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives.

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HOFFMAN, VANCE & WORTHINGTON, INC.

13. The appraisers attests that they have the appropriate knowledge and experience to competently appraise the subject property.

14. As of the date of this report, Kevin P. McAtee has completed the requirements of the continuing education program of the Appraisal Institute.

July 21, 2020
Kevin P. McAtee, MAI Date
CA Certified General #AG014257

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HOFFMAN, VANCE & WORTHINGTON, INC.

A P P R A I S E R Q U A L I F I C A T I O N S
371
HOFFMAN, VANCE & WORTHINGTON, INC.

KEVIN P. MCATEE, MAI
__________________________________________________________ Professional Background
Over thirty years of real estate experience with knowledge and expertise in appraisal, feasibility analysis, finance, construction, management, and marketing of real estate.

EXPERIENCE
Principal HOFFMAN, VANCE AND WORTHINGTON, Inc. Firm specializes in management, valuation, and consulting: July, 1998 to Present Owner of McATEE ASSOCIATES, Real Estate Appraising and Consulting: October, 1992 to 1998.

TOLD Corporation - Development Group, Oxnard, California: Asst. Vice President, Marketing, 1990 - 1992; Marketing Manager, 1989 - 1990; Development Manager, 1987 - 1989.

TOLD Real Estate Corporation, Ventura, California: Commercial Real Estate Brokerage, 1985 - 1987.

Charles Dunn Company, Los Angeles, California: Commercial Real Estate Brokerage, 1983 - 1985.

EDUCATION BACKGROUND
Loyola Marymount University, Westchester, California
B.S. Degree - Business Administration
Emphasis in International Finance
Appraisal Institute/International Right of Way Association Standards of Professional Practice - Part A
Standards of Professional Practice - Part B
Standards of Professional Practice - Part C
Introduction to Appraising Real Estate
Capitalization Theory & Technique - Part A
Capitalization Theory & Technique - Part B
Case Studies in Real Estate Valuation
Report Writing & Valuation Analysis
1996 Annual Litigation Seminar
2000 Annual Litigation Seminar
Condemnation Appraising: Advanced Topics and Applications Land Development Seminar
Affordable Housing Valuation Seminar
Eminent Domain Law
Uniform Standards for Federal Land Acquisitions

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HOFFMAN, VANCE & WORTHINGTON, INC.

PROFESSIONAL LICENSES
Certified General Appraiser, State of California, License No. AG 014257 Real Estate Broker, State of California, License No. 00857852

PROFESSIONAL AFFILIATIONS
MAI Member of the Appraisal Institute, Membership (1996) No. 11124 Board of Directors, Appraisal Institute, Ventura County Chapter (1995-1997) Past Member Project Area Committee, City of San Buenaventura Redevelopment Agency Board of Directors, Santa Barbara Channel Foundation
Board of Directors, Ventura County Taxpayers Association Board of Directors, Museum of Ventura County
Board of Directors, Holy Cross School at San Buenaventura Mission School Board

PARTIAL CLIENT LIST
All Pacific Mortgage Company
Allstate Life Insurance Company
American Commercial Bank
Bank of Ventura
Bear Stearns
Bloomfield Acceptance Company
California Community Reinvestment Corporation
California State University
Calleguas Municipal Water District
City of Camarillo
City of Fillmore
City of Irwindale
City of Moorpark
City of Oxnard
City of Simi Valley
City of Ventura
City of Westlake Village
California Coastal Conservancy
Conejo Valley School District
County of Ventura Public Works
County of Ventura Department of Airports
Cushman & Wakefield
East-West Bank
First California Bank
Fortis, Inc.

GNA
Gladstone Group
Guardian Life Insurance Company
Hamner, Jewel & Associates
Hardwick School District (State of New Jersey)
Hueneme School District
Industry Mortgage Company
Kansas City Life Insurance Company
Keystone Mortgage Company
KL Associates
Law Offices of Arnold, Back, Mathews, Wojkowski & Zirbel Law Offices of Burke,Williams & Sorensen, LLP

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Law Offices of Ferguson Case Orr Paterson
Law Offices of Gary Byron Roach
Law Offices of Hatch & Parent
Law Offices of Hill, Farrer & Burrill
Law Offices of Jackson, DeMarco, Pechenpaugh
Law Offices of Kane, Ballmer & Berkman
Law Offices of Lascher & Lascher
Law Offices of Lowthorpe, Richards, McMillan, Miller, Conway & Templeman Law Offices of Maho & Prentice
Law Offices of McGilvray & Perez
Law Offices of McClintock, Weston, Benshoof, Rochefort, Rubalcava & MacCuish Law Offices of Mullen & Henzell LLP
Law Offices of Nordman, Cormany, Hair & Compton
Law Offices of Norman, Dowler, Sawyer, Israel, Walker & Barton Law Offices of Nossaman, Guthner, Knox & Elliot LLP
Law Offices of Rupp & Zimmer
Law Offices of Saphier, Rein & Walden
Law Offices of Stradling, Yocca, Carlson & Rauth
Law Offices of Sullivan, Workman & Dee
Lincoln Property Company
Los Padres Bank
Los Robles Bank
Macerich Company
Mid State Bank & Trust
Midland Life Insurance Company
MIG-Moir Mortgage Company
Montague School District (State of New Jersey)
Montecito Bank & Trust
New York State Attorney General
O’Connor & Company Securities
Oxnard Unified School District
Plumsted School District (State of New Jersey)
Riverside Land Conservancy
Santa Barbara Bank & Trust
Southern California Edison Company
Southwest Unified School District (State of Ohio)
The Irvine Company
The Nature Conservancy
United States Navy
United States Postal Service
Ventura County Business Bank
Ventura County Commerce Bank
Vulcan Materials

QUALIFIED EXPERT
Los Angeles County Superior Court
Ventura County Superior Court
Ventura County Property Tax Appeals Board

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22 Executive Park, Suite 200, Irvine CA 92614  (949) 264-8572  WeAreHarris.com September 16, 2020
Mr. Luis A. Hernandez, Project Manager
Many Mansions
1259 E Thousand Oaks Blvd.

Thousand Oaks, CA 91362
FAIR REUSE VALUE ANALYSIS – 538 META STREET
Dear Mr. Hernandez,
Harris & Associates (“Harris”) was retained by Many Mansions (“Developer”) to provide a Fair Reuse Value Analysis (“Analysis”) for the property located at 538 Meta Street, Oxnard, CA (“Property”). Pursuant to California Health and Safety Code (“H&SC”) Section 33433(b)(2), the fair reuse value is the value at the use and with the covenants and conditions and development costs authorized by the sale or lease. The City intends to enter into a Disposition and Development Agreement (“DDA”) with the Developer requiring the Property to be developed into a public park as a condition of conveyance.

Harris reviewed the City’s zoning code and researched market data and case studies relating to the reuse and value of similar properties in order to determine a market price. Below is a summary of Harris’ findings:

1. The dimensions of the property and setback requirements per the City’s zoning code make it non-condusive to commercial or residential development.

2. Harris does not believe the Cost or Income Approach to be effective measures of the market value of the Property as the Property does not contain improvements and will not generate any cash flows given the planned reuse as a public park. Furthermore, there were no comparable property sales given the planned reuse of the Property.

3. While the Analysis prepared by Harris is not a legal opinion, it appears that a legal precedent was set in a California Court of Appeal decision and it can be inferred that in the event publicly-owned property is transferred to a city for the sole purpose of developing a public park, the market value of the property would be $0. 375
Harris & Associates, Inc. 2 of 4

SUBJECT PROPERTY
The Property is one single lot of vacant land located within the downtown area of the City on Meta Street between 5th and 6th Street. The parcel measures 5,606 square feet and is rectangular in shape, with approximately 25 linear feet of frontage on Meta Street. Table 1 below provides a detailed summary of the Property.

The property is zoned as DT-G (Downtown General), a designation that integrates residential and commercial land uses by permitting retail, office, and multi-family residential uses. Section 16-148 of the City of Oxnard’s Downtown Code identifies DT-G allowable uses as multifamily dwellings, home-based businesses, live-work, public open space, recreational/commercial, and a mix of retail, service, and office uses, among other specified uses.

Development Restrictions
Pursuant to the Downtown Code, Section 16-147.4, residential buildings in DT-G are required to have 10 to 15 feet of private primary street frontage, 10 to 15 feet of private side street frontage, 7 feet minimum of side yard, and 5 feet minimum of rear with alley. The Property measures 25 linear feet wide as shown in an Assessor parcel map provided on the following page as Figure A. Development of the property into residential use is likely not feasible due to the amount of setback required to provide minimum side yard as stipulated by the Downtown Code. Section 16-152 of the Downtown Code requirestwo side yard setbacks of 7 feet between the building and the side property line. The side yard requirement would reduce the buildable area from 25 feet wide to 11 feet wide, likely rendering the available buildable area unusable for residential use. Furthermore, the narrow width of the property and its location between adjacent, future housing developments make it non-conducive to commercial development.

Property Address 538 S. Meta Street
Assessor's Parcel Number 201-0-213-100
Property Description Vacant Land
Land Area (sq.ft.) 5,606
General Plan Downtown
Zoning DT-G (Downtown General)
Flood Hazard Zone Zone X
Table 1
376
Harris & Associates, Inc. 3 of 4
Figure A
The City intends to enter into a DDA with the Developer requiring the Property to be developed into a public park as a condition of conveyance. Harris used Marshall & Swift Valuation Services to determine the costs associated with developing the Property into a public park or paseo. The total development costs are approximately $40,000 based on average landscaping costs for a small residential area.

FAIR REUSE VALUATION ANALYSIS
Cost and Income Approach
The cost approach estimates the property value as the value of the underlying land and depreciated value of the improvements. Harris does not believe the cost approach to be an effective approach to valuation of the Property as the Property is vacant and contains no improvements. The income approach estimates the property value as the present value of future expected cash flows generated by the Property; however, the Property is currently vacant and will be restricted for use as a public park, so no cash flows will be generated.

Sales Comparison Approach
The sales comparison approach estimates the market value for a property using recent sales data from other similar properties. Adjustements are made to reflect time, conditions, and other differences between the comparable properties and the subject property. Since the Analysis is a Fair Reuse Analysis, comparable sales would include the sale of parks or land designated or restricted for use as a park in order to conform with the planned use of the Property. Harris researched comparable property sales using CoStar, one of the largest providers of information, analytics and marketing services for the commercial real estate industry. Our search was primarily focused on sales that included recreational parks or paseos given the use restrictions that will be included in the DDA for the Property. There were no comparable property sales within a twenty (20) mile radius of the Property in the last five (5) years. 377
Harris & Associates, Inc. 4 of 4
Case Law
There has been a case related to the transfer of State-owned vacant property restricted for use as a public park in the City of Los Angeles. In California Court of Appeal People ex rel. Dept. of Public Works v. City of L.A., the court reasoned that:
“The value of land never is determined by what it would be worth to a purchaser if it were in fact subdivided for housing development (City of Los Angeles v. Hughes, 202 Cal. 731, 733-736 [262 P. 737]), or if some anticipated zone change were actually in effect. (People v. Dunn, supra, p. 642.) Rather, its value is determined by what a willing buyer would pay for it in its present condition. Its suitability for subdivision purposes and the prospect of a future change in zoning are merely matters which a buyer would consider in making a present offer.

To extend these considerations to the park land involved in the instant case, would be to reduce the market value criterion to an absurdity. To ask what a private buyer would pay for land which he could hold only as a public park, incapable of being sold, obviously would be a meaningless and useless question. It is selfevident that as a practical matter there could be no market for land dedicated to public park use, and, thus considered, the market value would be nil.”
While the Analysis prepared by Harris is not a legal opinion, it appears that a legal precedent was set in this decision and it can be inferred that in the event publicly-owned property is transferred to a city for the sole purpose of developing a public park, the market value of the property would be $0.

Please don’t hesitate to contact us with any questions or comments. Thank you.

Sincerely,
Harris & Associates, Inc.

Hitta Mosesman Jordan Perez
Senior Director, Community Economics + Housing Solutions Analyst, Strategic Advisory Services (949)291-3729  [email protected] (714)392-9692  [email protected] 378
CITY OF OXNARD DOWNTOWN CODE 07.16.19 | C1
CITY OF OXNARD | 16 JULY 2019

DOWNTOWN CODE
379
SECTION 16-147 | REGULATING PLAN & ZONES
16-147.4 Downtown General (DT-G) Zone
A. Intent and Physical Character.

The Downtown General is characterized by a mix of
non-residential ground floors frontages with shopfronts and residential ground floors set back behind pedestrian-oriented frontages and resident/visitor
access via dooryards, stoops, and spacious lobbies.

Buildings are up to 106 feet when community benefits are included.

B. Sub-Zones. None.

C. Standards. These standards are required to
generate and maintain the DT-G zone's physical
character and range of uses.

1. Site Design, Building Size and Massing.

Applicable to a new lot, new building, or addition(s).
a. Maximum Block Size: 400 feet
b. New Lot Size: See Figure 16-147.4.A.
c. Building Setbacks: See Figure 16-147.4.B. Setbacks
apply to all stories unless stated otherwise.
d. Ground Floor: At least twelve feet tall
in compliance with the private frontage
requirements in Table 16-152.
e. Building Height: See Figure 16-147.4.C.
f. Massing Requirements: See Figure 16-147.4.D.
g. Architectural Style: New buildings are required
to be designed in one of the styles identified in
Section 16-157; Building Architecture Guidelines.

Additions are required to be designed in an
allowed style where visible from the adjacent
DT-G
a public street or when historic preservation
requirements apply.

2. Visitor/Pedestrian Access.

Applicable to new buildings, modification of streetfacing façades or new upper floor(s). a. Building Access: Access to each building and
ground floor space/dwelling is required from the
sidewalk via the allowed frontages in Table 16-
152. The maximum distance between entries on
each building shall not exceed 50 feet.
b. Upper Floor Access: Access to upper floor
dwellings and commercial spaces is required
from the street via shared courtyards, paseos, or
a lobby.
c. Side Street Façades: These façades must be
designed to the same level of architectural
treatment and materials as the front façade.

3. Private Frontages. See Table 16-150.

Applicable to modification of or new construction of
street-facing façades.

4. Signage. See Table 16-154.

5. Private Open Space. See Table 16-152.

Applicable to new uses.

6. Uses. See Table 16-148.

7. Vehicular Access and Parking. See Table 16-151.

Applicable to modification of or new curb cuts,
driveways, and parking areas.

The Downtown General Zone consists of medium to large, attached and detached block-form and house-form buildings.

Photos are illustrative.
16 | 07.16.19
380
CITY OF OXNARD DOWNTOWN CODE 07.16.19 | 17
REGULATING PLAN & ZONES | SECTION 16-147
Lot Size in DT-G Zone
Fig. 16-147.4.A
Property Line
Min. Max.

With Alley Access
Width (interior lot, other) 25' 200'
Width (corner lot) add 10% to min
Width (interior lot, SF attached) 75' 160'
Width (interior lot, SF detached) --- 150'
Depth 100' 140'
Without Alley Access
Width (interior lot) 50' 150'
Width (corner lot) add 10% to min
Depth 90' 140'
Key --- not allowed
Primary Street
Side Street
Rear lane - where applicable
Lot Depth
Lot Width
along narrowest side of lot
Ground Floor
Non-Residential Residential
Rear with alley 2 min 5' min 5'
Rear without alley min 15' min 15'
Amount of façade
at build-to line min 70% min 70%
Roof deck setback
from façades min 0' min 0'
Building Placement in DT-G Zone
Fig. 16-147.4.B
Property Line
Buildable Area
Private Frontage Required (See 16-150)
Min frontage build-out along build-to
line.

Public Frontage Guidelines
(See 16-151)
Setback Line
Build-to Line
Primary Street
Rear lane - where applicable
Interior
lot Corner lot
Side Street
3 2
1 4
1 2
3 4
Key --- not allowed
Notes
¹ Minimum 10 feet for upper stories.
² Minimum 25 feet required between facing garages across an alley.

Primary Street 0' or 10' 10' to 15'
Side Street 0' to 10' 10' to 15'
Side Yard 0' min 7' 1
381
SECTION 16-147 | REGULATING PLAN & ZONES
6 6
8 8
8 8
STREET
6 7
Building Height in DT-G Zone
Fig. 16-147.4.C
To highest top plate 81' max. 102' max.²
To top of parapet of flat
roof 85' max. 106' max.²
To top of pitched roof
above highest top plate 85' max. 106' max.²
Ground floor above grade
at building setback line
0' min. (non-residential)

1.5 to 4' max.
(residential.)
Ground story height 12' min.¹
Ground story depth 30' Min.

Overall Building
dimension for house-form
buildings
100'
Primary Mass width or
depth 80' by 80'
Secondary Mass width or
depth 20'
Buildings that exceed 75' in length along a street are
required to be organized into multiple town-scale
volumes through façade articulation. See 16.156.B.
1 2
3 4
5 6
4 6
Parking Level Ground Story
Top Story
R.O.W.
1 2
Primary Street
3 Property Line
Setback Line
Notes
¹ Where residential frontages allowed in Table 16-150,
ground floor is required to be raised per private frontage standards.
² Maximum available when one or more of the qualifying
community benefits described in 16-145.2.L are included in the project.
³ The resulting ground floor along these breaks is required to be designed in compliance with Table 16-150 (Allowed Private Frontages).
5 4
6 7
8 Private Frontage as
allowed in Table 16-150
(House Form Massing)
Building Size & Massing Standards in DT-G Zone
Figs. 16-147.4.D
(Block Form Massing)
18 | 07.16.19
382
CITY OF OXNARD DOWNTOWN CODE 07.16.19 | 19
REGULATING PLAN & ZONES | SECTION 16-147
Parking and Vehicular Access Standards in DT-G Zone
Fig. 16-147.4.E
Property Line Allowed Parking Area
Setback Line
Primary Street
Rear lane - where applicable
Interior
lot Corner lot
Side Street
4 1 5
7 6
3 2
A. Parking Placement
(Min. setbacks are in feet and are measured
from each lot line)
All new parking facilities or modifications to
existing parking facilities are required to be
in compliance with the following standards
and the additional standards in Section 16-149
(Parking Areas and Facilities).

Setbacks 1
Primary Street 30'
Side Street, within 75' of front PL 30'
Side street, 75' back from front PL 5' 2
Side Yard 5'
Rear (with or without alley) 5'
B. On-Site Vehicular Access (feet) Min - Max
Driveway Types and Min. Width 3
Side Street drive (not within 50 feet
of front façade and when alley not
present)
Residential:
12'
Commercial:
18' 1-way
25' 2-way Front drive (only within 25 feet of
interior lot line)
Alley access (Vehicular access shall be provided via a
rear service lane for all lots less than 50 feet wide.) 1 2
3 4
5 7
6 C. Required Parking (Min)
Commercial (all) 1 space per
1,000 SF.

Min. 50% of the
req'd parking to
be In-Lieu fee.

Residential (when
private garages
are provided)
1 space per unit for studios
and 1-bedrooms; 2 spaces
per unit with 2 or more
bedrooms.

Residential -
Multi-Family
(shared parking/
open structure)

0.5 spaces
per unit;

1.65 spaces
per unit
max.

0.5-0.99 parking
spaces per unit
pay In-Lieu fee.

No In-Lieu fee if 1
parking space per
unit is provided.

Loading Space: Required when public alley or a
loading space does not exist within 350' of the
subject property.

Motorcycle Parking: Motorcycle parking shall
be provided as required in 16-638(D).

Notes
¹ Fully-subterranean garages may extend to rear and sideyard lot lines. Semi-subterranean garages are subject to building setbacks.
² When parking is located within building, the building must respect this setback.
³ Only for uses allowed in Table 16-148.
383
FEBRUARY 2021

CITY OF OXNARD

PARKS & RECREATION

MASTER PLAN
384

EXISTING CONDITIONS
Park Acres Per
1,000 Residents
0 1 Mile 2 Miles 4 Miles
Park Acres per 1,000 Residents
by Block Groups
<1 acre
1 to 3 acres
>3 acres
Parks and Open Space
Retention Basin
City of Oxnard Boundary
Source: www.parksforcalifornia.org/
parkaccess
More Detail Provided in Recreation
Comparison Table
53 Parks
200,000 People
8 Soccer Fields
Per 200,000 Residents
47 Basketball Courts
Per 200,000 Residents
37 Baseball Diamonds
Per 200,000 Residents
177 Picnic Shelters
Per 200,000 Residents
48 Playgrounds
Per 200,000 Residents
1 Public Swimming
Pool per 200,000 Residents
7 Community Centers
Per 200,000 Residents
10 Park Jogging
Paths per 200,000 Residents
15 Volleyball Courts
Per 200,000 Residents
37 Park Restrooms
Per 200,000 Residents
The city’s most significant gap is the Five Points
neighborhood. Several other neighborhoods in
the center and eastern edge of the city, including
Tierra Vista, Mar Vista and Redwood, have less
than one acre of park space per 1,000 residents.

This is not enough park space to meet the needs
of the city’s current population density in these
areas. It is unknown at this time if property in
these areas could be potentially secured for
additional space.

N Patterson RdN Ventura RdN Oxnard Blvd
N Rose AvePacific Coast Hwy
Ventura Fwy
S Oxnard Blvd
W Channel Islands Blvd
E Pleasant Valley Rd
W Gonzales Rd
Harbor Blvd
Wooley Rd
City of Port
Hueneme

OXNARD PARK AMENITIES PER POPULATION STATISTICS
54 385
OXNARD PARKS AND RECREATION MASTER PLAN N Oxnard Blvd
Ventura Fwy
S Oxnard Blvd
W Channel Islands Blvd
Harbor Blvd
Wooley Rd
N Ventura Rd
N Patterson Rd
N Rose AvePacific Coast Hwy
E Pleasant Valley Rd
W Gonzales Rd

PARK WALKABILITY FROM RESIDENTIAL COMMUNITIES
The majority of Oxnard’s
neighborhoods are within a half a
mile walk of a park. However, some
communities in the southern regions
of Oxnard are closer to one mile from
a park. The neighborhoods that have
a higher walk time to any major park
should be considered first for new
parks and recreation spaces.

Park Walkability in Miles
0’ to 100’
100’ to 500’
.5 to 1 mile
1 to 3 miles
500’ to .25 mile
.25 to .5 mile
3 to 5 miles
5+ miles
55 386
1 RECORDING REQUESTED BY:

Oxnard Community Development
Commission Successor Agency
Attn: Adam Smith, MPA, Project Manager
City Manager’s Office
300 W. Third St, Fourth Floor
Oxnard, CA 93030

WHEN RECORDED MAIL TO AND SEND
TAX STATEMENTS TO:

Many Mansions
Attn: Alexander Russell,
Executive Vice President
1259 E. Thousand Oaks Blvd.

Thousand Oaks, CA 91362

SPACE ABOVE THIS LINE FOR RECORDING USE
Parcel Number(s): 201-0-213-100 OFFICIAL BUSINESS
Document Entitled to Free Recording
Per California Government Code §27383
The undersigned Grantor declares:

Documentary Transfer Tax is: $______ (County); City Tax is: $______ [ X ] computed on full value of property conveyed, or
[ ] computed on full value less value of liens or encumbrances remaining at time of sale,
[ ] Unincorporated area; [ X ] City of Oxnard.

GRANT DEED
FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, the Oxnard Community Development Commission Successor Agency, a public body, corporate and politic, herein called the “Grantor”, hereby grants to Many Mansions, a California nonprofit corporation, herein called the “Grantee”, the real property described in Attachment 1 attached hereto (the “Property”) and incorporated herein by this reference, subject to the existing easements, restrictions and covenants of record described therein and consistent with the obligations of the Grantee and the Grantor under the hereinafter defined PSA.

1. Conveyance in Accordance with Purchase and Sale Agreement. The Property is conveyed in accordance with and subject to that certain Purchase and Sale Agreement, dated as of ______________________, 2022, and entered into by and between the Grantor (the “Seller” 387
2 therein) and the Grantee (the “Purchaser” therein) (the “PSA”), a copy of which is on file in the offices of the City Clerk of the City of Oxnard (the “City”) as a public record and which is incorporated herein by this reference. “PSA” as used herein shall mean, refer to and include the PSA, as well as any riders, exhibits, addenda, implementation agreements, amendments and attachments thereto or other documents expressly incorporated by reference in the PSA. Any capitalized term not herein defined shall have the same meaning ascribed to such term in the PSA.

All of the terms, covenants and conditions of this Grant Deed (this “Grant Deed”) shall be binding upon the Grantee and the successors and assigns of the Grantee to the Property, or any portion thereof or any interest therein. Whenever the term “Grantee” is used in this Grant Deed, such term shall include any other successors and assigns as herein provided.

2. Uses. In accordance with the PSA and the plans approved by the City, the Grantee shall develop and construct on the Property a pocket park, to be made available to the public subject to reasonable closing hours and related health and safety restrictions similar to public parks operated by the City (the “Project”). The Grantee hereby covenants and agrees for itself, its successors, its assigns, and every successor in interest to the Property or any portion thereof or any interest therein, that upon the date of this Grant Deed and until the 55th anniversary thereof, the Grantee shall develop, maintain, use and devote the Property to the Project including, without limitation, complying with all applicable operational and maintenance covenants, covenants reserved for the benefit of the City and the public, this Grant Deed, and Project plans approved by the City. All uses conducted on the Property, including, without limitation, all activities undertaken by the Grantee pursuant to the PSA, shall conform to the PSA, plans approved by the City, and all applicable provisions of the Oxnard Municipal Code. The foregoing covenants shall run with the land.

3. Restrictions on Transfer. The Grantee further agrees as follows:

A. For the period commencing upon the date of this Grant Deed until completion of construction of the pocket park, no voluntary or involuntary successor in interest of the Grantee shall acquire any rights, interests or powers under this Grant Deed, nor shall the Grantee make any total or partial sale, transfer, conveyance, assignment, subdivision, refinancing or lease of the whole or any part of the Property without the prior written approval of the Grantor, which shall not be unreasonably withheld, conditioned or delayed.

B. Notwithstanding the foregoing, written approval of the Grantor shall not be required for a transfer by the Grantee to a limited partnership in which the Grantee, or a single purpose limited liability company wholly owned by the Grantee, is the general partner.

C. The Grantee shall not place or suffer to be placed on the Property any lien or encumbrance other than mortgages, deeds of trust, or any other form of conveyance required for financing of the construction of the required improvements on the Property and any other expenditures necessary and appropriate to develop and operate the Property pursuant to the PSA.

4. Nondiscrimination. The Grantee herein covenants by and for itself, its heirs, executors, administrators and assigns, and all persons claiming under or through them, that there 388
3 shall be no discrimination against or segregation of, any person or group of persons on account of race, religion, creed, color, national origin, ancestry, handicap, sex, sexual orientation, marital status, age or any other protected classification in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the Grantee itself or any person claiming under or through the Grantee, 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 in the land herein conveyed. The foregoing covenants shall run with the land.

The Grantee shall refrain from restricting the rental, sale or lease of the Property on the basis of race, religion, creed, color, national origin, ancestry, handicap, sex, sexual orientation, marital status, age or any other protected classification of any person. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses:

A. In deeds: “The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the premises herein conveyed. The foregoing covenants shall run with the land.” Notwithstanding the above paragraph, with respect to familial status, the above paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the California Government Code. With respect to familial status, nothing in the above paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the California Civil Code and subdivisions (n), (o) and (p) of Section 12955 of the California Government Code shall also apply to the above paragraph.

B. In leases: “The lessee 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 any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of 389
4 the premises herein leased nor shall the lessee 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, use or occupancy, of tenants, lessees, sublessees, subtenants or vendees in the premises herein leased.” Notwithstanding the above paragraph, with respect to familial status, the above paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the California Government Code. With respect to familial status, nothing in the above paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the California Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the California Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the California Government Code shall apply to the above paragraph.

C. In contracts: “There shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee itself 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, sublessees, subtenants or vendees of the land.”

5. Violations Do Not Impair Liens. No violation or breach of the covenants, conditions, restrictions, provisions or limitations contained in this Grant Deed shall defeat or render invalid or in any way impair the lien or charge of any mortgage or deed of trust or security interest permitted herein; provided, however, that any subsequent owner of the Property shall be bound by such remaining covenants, conditions, restrictions, limitations and provisions, whether such owner’s title was acquired by foreclosure, deed in lieu of foreclosure, trustee’s sale or otherwise.

6. Covenants Run with Land. All covenants contained in this Grant Deed shall be covenants running with the land.

7. Covenants for Benefit of Grantor. All covenants without regard to technical classification or designation, legal or otherwise, shall be, to the fullest extent permitted by law and equity, binding for the benefit of the Grantor, its successors and assigns, and such covenants shall run in favor of, and be enforceable by, the Grantor, its successors and assigns, against the Grantee, its successors and assigns, to or of the Property conveyed herein or any portion thereof or any interest therein, and any party in possession or occupancy of the Property or portion thereof, for the entire period during which such covenants shall be in force and effect, without regard to whether the Grantor is or remains an owner of any land or interest therein to which such covenants relate. The Grantor, its successors and assigns, in the event of any breach of any such covenants, shall have the right to exercise all the rights and remedies and to maintain any actions at law or suits in equity or other proper proceedings to enforce the curing of such breach. 390
5 The covenants contained in this Grant Deed shall remain in effect as follows:

A. The covenants pertaining to the Project as set forth in Section 2 above shall remain in effect until the date that is 55 years after the date of recordation of this Grant Deed.

B. The covenants pertaining to transfer requirements as set forth in Section 3 above shall remain in effect until the completion of construction of all required improvements on the Property.

C. The covenants against discrimination, as set forth in Section 4 above, shall remain in effect in perpetuity.

8. Revisions to Grant Deed. Both the Grantor, its successors and assigns, and the Grantee and the Grantee’s successors and assigns in and to all or any part of the fee title to the Property shall have the right with the mutual consent of the Grantee and the Grantor to consent and agree to changes in, or to eliminate in whole or in part, any of the covenants, or restrictions contained in this Grant Deed without the consent of any tenant, lessee, easement holder, licensee, mortgagee, trustee, beneficiary under a deed of trust or any other person or entity having any interest less than a fee in the Property. However, the Grantee is obligated to give written notice to and obtain the consent of any first mortgagee prior to consent or agreement between the parties hereto concerning such changes to this Grant Deed.

9. Right of Reverter. The Grantor shall have the right, at its option, to re-enter and take possession of the Property conveyed by the Grantee to the Grantor, with all improvements thereon, and terminate and revest in the Grantor the estate theretofore conveyed to the Grantee, and the Grantee shall thereupon forfeit its title to the Property and all improvements thereon if, after conveyance of title, the Grantee (or its successors in interest):
(a) Following City issuance of a building permit therefor, fails to proceed with the construction of such improvements for a period of three years, after written notice thereof from the Grantor.
(b) Abandons or substantially suspends construction of such improvements for a period of three months after written notice of such abandonment or suspension from the Grantor. (c) Transfers or suffers any involuntary transfer of the Property, or any part thereof, in violation of this Grant Deed.
(d) Following the completion of the Project, the Property becomes unavailable to the public as a pocket park for a period of three months, except in cases beyond the control of the Grantee, including but not limited to closures due to pandemics, wars and similar causes, after written notice of such failure from the Grantor.
391
6 (e) Following the completion of the Project, the Grantee (or its successors in interest) fails to maintain adequately the Project, or otherwise adhere to the requirements of the covenants contained herein, for a period of three months, after written notice of such failure from the Grantor.

Such right to re-enter, repossess, terminate and revest shall be subject to and be limited by and shall not defeat, render invalid, or limit:
(i) Any mortgage, deed or trust or other security instrument permitted by this Grant Deed.
(ii) Any rights or interests provided in this Grant Deed for the protection of the holder of such mortgages, deeds of trust or other security instruments.

Upon the revesting in the Grantor of title to the Property as provided herein, the Grantor shall, pursuant to its responsibilities under State law, use its best efforts to resell the Property or part thereof as soon and in such manner as the Grantor shall find feasible and consistent with the objectives of such law to a qualified and responsible party or parties (as determined by the Grantor), who will assume the obligation of making or completing the improvements, or such improvements in their stead as shall be satisfactory to the Grantor and in accordance with the uses specified for such Property herein, which may or may not require the use of the Property for the Project, at the Grantor’s sole and absolute discretion. Upon such resale of the Property, the proceeds thereof shall be applied:
(x) First, to reimburse the Grantor for all reasonable and necessary costs and expenses incurred by the Grantor, including but not limited to, salaries of personnel employed or utilized in connection with the recapture, management and resale of the Property or part thereof (but less any income derived by the Grantor from the Property or part thereof in connection with such management); all taxes, assessments and water and sewer charges with respect to the Property or part thereof (or, in the event the Property is exempt from taxation or assessment or such charges during the period of ownership to such taxes, assessments or charges (as determined by the Grantor’s assessing official) as would have been payable if the Property were not so exempt); any payments made or necessary to be made to discharge to prevent from attaching or being made any subsequent encumbrances or liens due to obligations, defaults or acts of the Grantee, its successors or transferees; any expenditures made or obligations incurred with respect to the making or completion of the improvements or any part thereof on the Property or party thereof; and any amounts otherwise owing the Grantor by the Grantee and its successor or transferee; and (y) Second, to reimburse the Grantee, its successor or transferee up to the amount equal to (1) the sum of the final purchase price paid to the Grantor by the Grantee for the Property; (2) the costs incurred for the development of the Property and for the improvements existing on the Property at the time of the re-entry and repossession, less (3) any gains or income withdrawn or made by the Grantee from the Property or the improvements thereon. 392
7 (z) Finally, any balance remaining after such reimbursements shall be retained by the Grantor as its property.

To the extent that the rights established herein involve a forfeiture, it must be strictly interpreted against the Grantor, the party for whose benefit the right of reverter is created.

The right of reverter and other rights established herein are to be interpreted in light of the fact that such right is expressly authorized by applicable provisions of law and in light of the fact that the Grantor is conveying the Property to the Grantee for development of the Project as set forth in the PSA and not for speculation.

10. No Merger. None of the terms, covenants, agreements or conditions heretofore agreed upon in writing in other instruments between the parties to this Grant Deed with respect to obligations to be performed, kept or observed by the Grantee or the Grantor in respect to the Property or any part thereof after the conveyance of said Property shall be deemed to be merged with this Grant Deed.
393
8 IN WITNESS WHEREOF, the Grantor and the Grantee have caused this instrument to be executed on their behalf by their respective officers hereunto duly authorized this ____ day of _______________, 2022.
“GRANTOR”

OXNARD COMMUNITY DEVELOPMENT

By: _________________________________

KANE, BALLMER & BERKMAN
Successor Agency Special Counsel
The Grantee hereby accepts the written deed, subject to all of the matters hereinbefore set forth. “GRANTEE”
MANY MANSIONS, a California nonprofit corporation
By: ______________________________________
Rick Schroeder, President
Dated: _______________________________
394
9 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of _____________________ )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _____________________________
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _____________________________
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10 ATTACHMENT 1

LEGAL DESCRIPTION
[behind this page]
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1 SUMMARY REPORT PURSUANT TO SECTION 33433 OF THE

CALIFORNIA HEALTH AND SAFETY CODE ON
THE PURCHASE AND SALE AGREEMENT OF 538 META ST
(APN 201-0-213-130) BY AND BETWEEN

THE OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY AND

MANY MANSIONS
I. INTRODUCTION
The California Health and Safety Code (Code), Section 33433, requires that if a successor of a former redevelopment agency wishes to sell or lease property to which it holds title and if that property was acquired in whole or in part with property tax increment funds, the successor must first secure approval of the proposed sale or lease agreement from its local legislative body after a public hearing. Section 33433 also requires a copy of the proposed sale or lease agreement and a summary report that describes and contains specific elements of the proposed transaction to be available for public inspection prior to the public hearing. As contained in the Code, the following information shall be included in the summary report:

1. The cost of the agreement to the successor agency, including land acquisition costs, clearance costs, relocation costs, the costs of any improvements to be provided by the successor agency, plus the expected interest on any loans or bonds to finance the agreement;

2. The estimated value of the interest to be conveyed or leased, determined at the highest and best use permitted under the redevelopment plan;

3. The estimated value of the interest to be conveyed or leased, determined at the use and with the conditions, covenants, and development costs required by the sale or lease. If the sale price is less than the fair market value of the interest to be conveyed, determined at the highest and best use consistent with the redevelopment plan, then the agency shall provide as part of the summary an explanation of the reasons for the difference; and

4. An explanation of why the sale of the property will assist in the elimination of blight This report outlines the salient parts of the Purchase and Sale Agreement (Agreement) to be entered into by and between the Oxnard Community Development Commission Successor Agency (Successor Agency) and Many Mansions for the sale of the subject property located at 538 Meta St (Property). This report is being prepared because property tax increment funds from the former Redevelopment Agency of the City of Oxnard, the Oxnard Community Development Commission (CDC), were used to acquire the parcels.

The following summary report is based upon information in the proposed Agreement and is organized into the following five sections:
397
2 1. Summary of the proposed Agreement – This section includes a description of the Property, the proposed development, and the major responsibilities of the Successor Agency and Many Mansions.

2. Cost of the Agreement to the Successor Agency – This section outlines the cost of the Agreement to the Successor Agency for costs that have been funded with property tax increment funds. It presents the terms of the sale of the Property and sets forth the net cost of the Agreement to the Successor Agency.

3. Estimated value of the interest to be conveyed – This section summarizes the value of the Property to be sold to Many Mansions.

4. The estimated value of interest to be conveyed as determined at use and with conditions required by sale and explanation for any difference in price if the sale price is less than fair market value – This section contains a comparison of the purchase price and the fair market value at the highest and best use consistent with the redevelopment plan for the interests conveyed.

5. Elimination of blight – Explanation of why the sale will assist in the elimination of blight.

II. SUMMARY OF THE PROPOSED AGREEMENT
The Property
The Successor Agency owns certain real property in the City of Oxnard (City), identified as Parcel I-1 in the Successor Agency’s Long-Range Property Management Plan (LRPMP), as amended. Acquired by the CDC on May 18, 1990 for downtown revitalization purposes, the real Property is assigned assessor parcel number 201-0-213-100.

Upon the dissolution of Redevelopment in California, the Property was listed on the LRPMP and designated for disposition. The Property is currently a vacant lot.

APN Property Size
201-0-213-100 5,628 sq. ft
Project Description
The area in which the Property is located is referred to as the Downtown area. In September 2019, the City adopted a new zoning district plan, referred to as the Downtown Code. This new zoning replaced the existing zoning designations with three new zones for all properties within the Downtown boundaries. These new zones are DT-C (Downtown Core), DT-G (Downtown General), and DT-E (Downtown Edge). According to the City’s Downtown Code, each new zone will incorporate community benefits. These include public parking, public open space, affordable 398
3 housing, and exceptional architecture.

The Property is narrow, approximately twenty-five feet wide, and extends from Meta Street through the alley on the east side.

Many Mansions proposes acquiring and developing the Property for a pocket park development (Project). The Project will be an integral part of a larger affordable housing development that will serve extremely low- and low-income households earning up to 60% of Area Median Income. The Project will further the goals and objectives of the Redevelopment Plan and its Implementation Plan for the redevelopment project area and the Downtown Code.

Many Mansions has the experience and capability to plan, design, engineer, finance, market, and develop the Project on the Property.

The purchase price for the Property shall be $1 (Purchase Price), as the Project will be a pocket park that will provide residents of the neighborhood and the public a place to gather and recreate. Many Mansions will be responsible for the capital costs to construct the park and ongoing maintenance costs.

III. COST OF THE AGREEMENT TO THE SUCCESSOR AGENCY
After a review of the available records, Successor Agency staff was not able to determine how much the CDC paid for the Property in 1990.

A condition precedent to conveyance of the Property to Many Mansions is that the Successor Agency removes, or causes the removal of, a fence installed across the Property, all cars, and a wood pile on the Property. The estimated cost to the Successor Agency of this removal is $3,000.

The Successor Agency bears the staffing costs associated with authoring this report, the Agreement, and other supporting documentation.

Many Mansions will be responsible for paying for all closing costs and related items such as:
● Any and all state, county, or city documentary stamps or transfer taxes pertaining to the Seller’s conveyance of the Property;
● The base escrow fee, plus any additional requested or customary costs; ● The premium for the owner’s policy of title insurance for the Property; ● All recording fees; and
● Ad valorem taxes, if any, upon the Property after conveyance, or ad valorem taxes, if any, upon this Agreement, or any rights thereunder, before or after the conveyance of title.
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4 IV. ESTIMATED VALUE OF THE INTEREST TO BE CONVEYED
Section 33433 requires an agency to identify the value of the interests being conveyed at the highest and best uses allowed by the Redevelopment Plan. The most recent estimate of the Property’s fair market value is $252,000, as determined in a July 21, 2020 Appraisal Report prepared by a Certified General Appraiser.

V. THE ESTIMATED VALUE OF INTEREST CONVEYED AS DETERMINED AT USE AND

WITH CONDITIONS REQUIRED BY SALE
The Redevelopment Plan states that a goal of the former agency was to eliminate and prevent the spread of blight and deterioration, and the conservation and rehabilitation of the area in accordance with the City’s General Plan and Specific Plans.

The Project will satisfy that goal, secured by a Grant Deed within the Agreement that will require Many Mansions to develop and construct a pocket park on the Property, to be made available to the public subject to reasonable closing hours and related health and safety restrictions similar to public parks operated by the City.

The estimated value of the interest to be conveyed as determined at use and with conditions required by the sale is $1, the Purchase Price as listed in the Agreement.

The Property is to be sold to Many Mansions at its estimated value as determined at a use and with conditions required by the sale ($1) rather than its estimated fair market value ($252,000) because of Many Mansions’ planned Project to develop and construct a pocket park on the Property, to be made available to the public subject to reasonable closing hours and related health and safety restrictions similar to public parks operated by the City, secured by a Grant Deed, the stated goals for the preservation, conservation, and creation of open space in the Redevelopment Plan and its Implementation Plan and the new Downtown Code, and the need for more open space in the Five Points neighborhood of the City, of which the Property is a part, according to the City’s Parks and Recreation Master Plan.

VI. ELIMINATION OF BLIGHT
Blighted properties decrease surrounding property values, erode the health of local housing markets, pose safety hazards, and reduce local tax revenue. Currently, the Property is a vacant lot in Downtown Oxnard. The construction of the Project will seek to transform the area by providing residents of the neighborhood and the public a place to gather and recreate in green space.

Parks and protected public lands are proven to improve water quality, protect groundwater, prevent flooding, improve the quality of the air we breathe, provide vegetative buffers to development, and provide a place for children and families to connect with nature and recreate outdoors.
400
5 Generally, the construction of parks and open space improves residents’ health, raises property values, and unifies and makes communities safer.1 1 “Why Parks and Recreation are Essential Public Services,” National Recreation and Park Association, https://www.nrpa.org/uploadedFiles/nrpa.org/Advocacy/Resources/Parks-Recreation-Essential-Public-ServicesJanuary-2010.pdf. 401
1 RESOLUTION NO. ______________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD
(1) MAKING FINDINGS AND TAKING ACTION PURSUANT TO THE

PROVISIONS OF CALIFORNIA HEALTH AND SAFETY CODE
SECTIONS 33431 AND 33433; (2) APPROVING: (A) THE SALE AND

TRANSFER OF CERTAIN REAL PROPERTY FROM THE OXNARD

COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR
AGENCY TO MANY MANSIONS; (B) ENTRY BY THE OXNARD

COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR

AGENCY AND MANY MANSIONS INTO A PROPOSED PURCHASE
AND SALE AGREEMENT; AND (C) A GRANT DEED TO
EFFECTUATE SAID PURCHASE AND SALE OF REAL PROPERTY;
AND (3) APPROVING RELATED ACTIONS
WHEREAS, Assembly Bill No. X1 26 (2011-2012 1st Ex. Sess.) (referred to herein as the “Dissolution Act”) was signed by the Governor of California on June 28, 2011, making certain changes to the California Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the California Health and Safety Code) (the “Redevelopment Law”) and to the California Health and Safety Code (“H&S Code”) including adding Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170) (“Part 1.85”) to Division 24 of the H&S Code; and
WHEREAS, on December 29, 2011, the California Supreme Court delivered its decision in California Redevelopment Association v. Matosantos, finding the Dissolution Act largely constitutional and reformed certain deadlines set forth in the Dissolution Act; and WHEREAS, pursuant to the Dissolution Act, as modified by the California Supreme Court on December 29, 2011 by its decision in California Redevelopment Association v. Matosantos, all California redevelopment agencies, including the Oxnard Community Development Commission (the “Former CDC”), were dissolved on February 1, 2012, and successor agencies were designated and vested with the responsibility of paying, performing and enforcing the enforceable obligations of the former redevelopment agencies and expeditiously winding down the business and fiscal affairs of the former redevelopment agencies; and
WHEREAS, the City Council of the City of Oxnard adopted Resolution 14,135 on January 10, 2012, pursuant to Part 1.85 of the Dissolution Act, accepting for the City of Oxnard (the “City”) the role of Successor Agency to the Former CDC (the “Successor Agency”); and WHEREAS, the Successor Agency is a separate legal entity with rules and regulations that apply to the governance and operations of the Successor Agency; and WHEREAS, the Dissolution Act was amended by Assembly Bill No. 1484 on June 27, 2012, which, among other things, imposed procedures for the Successor Agency’s disposition of 402
2 certain Former CDC-owned real property including the required preparation of a Long Range Property Management Plan (the “LRPMP”) specifying the use and disposition of all such property and for the required approval of the LRPMP by the California Department of Finance (the “DOF”).

The Dissolution Act has since been further amended by Assembly Bill No. 1585, Senate Bill No. 341, Assembly Bill No. 471, Assembly Bill No. 1793, Assembly Bill No. 1963, Senate Bill No. 684, Senate Bill No. 107, and Assembly Bill No. 346; and WHEREAS, pursuant to the Dissolution Act, each successor agency shall have an oversight board with fiduciary responsibilities to holders of enforceable obligations and to the taxing entities that benefit from distributions of property taxes and other revenues pursuant to H&S Code Section 34188; and
WHEREAS, the oversight board was established for the Successor Agency (the “Oversight Board”) and all seven members thereof were appointed to the Oversight Board pursuant to H&S Code Section 34179. The duties and responsibilities of the Oversight Board are primarily set forth in H&S Code Sections 34179 through 34181; and
WHEREAS, pursuant to H&S Code Section 34191.5(b), on November 29, 2013, the Successor Agency prepared and submitted to the DOF for approval its LRPMP, as approved by the Oversight Board, that addressed the disposition and use of certain real properties of the Former CDC. On November 5, 2015, the Successor Agency prepared and submitted to the DOF for approval a revised LRPMP, as approved by the Oversight Board, that addressed the disposition of certain parcels of the Former CDC, as described in the revised LRPMP; and WHEREAS, the DOF, by letter dated December 31, 2015, issued its determination on the LRPMP, as revised, approving the Successor Agency’s use and disposition of all the properties listed in the LRPMP. The DOF’s letter acknowledges the Successor Agency’s submittal of its LRPMP on November 29, 2013 and the revised LRPMP on November 5, 2015; and WHEREAS, subdivision (j) of H&S Code Section 34179 created a single, countywide oversight board, effective July 1, 2018, for each county’s successor agencies; and WHEREAS, the Ventura County Consolidated Oversight Board has been established in accordance with H&S Code Section 34179 to approve the actions of Ventura County’s successor agencies, pursuant to H&S Code Section 34180, and to direct those successor agencies, pursuant to H&S Code Section 34181; and
WHEREAS, among the properties approved for disposition is the Successor Agencyowned real property located at 538 Meta Street, identified as Parcel I-1 in the LRPMP, and assigned assessor parcel number 201-0-213-100 (the “Property”); and WHEREAS, the Successor Agency and Many Mansions, a California nonprofit corporation (“Many Mansions”), desire to enter into a Purchase and Sale Agreement (the “Agreement”), pursuant to which Many Mansions is to acquire the Property for the development 403
3 of a pocket park, to be made available to the public (the “Project”). The Agreement provides for the Successor Agency to sell and transfer the Property to Many Mansions for a purchase price of $1 (the “Purchase Price”); and
WHEREAS, in order to expeditiously wind down the business and fiscal affairs of the Former CDC, the Successor Agency desires to sell and transfer to Many Mansions fee title to the Property through a proposed grant deed (the “Grant Deed”); and WHEREAS, the Agreement contains all the provisions, terms and obligations required by State and local law, and Many Mansions represents that it possesses the qualifications necessary to develop the Project as set forth in the Agreement, all of which will be in accordance with the purposes and objectives of the Redevelopment Law; and
WHEREAS, pursuant to Sections 33431 and 33433 of the Redevelopment Law, the Successor Agency is authorized, with the consent of the City Council, to sell or lease for development pursuant to the applicable redevelopment plan property of the Successor Agency acquired in whole or in part, directly or indirectly, with tax increment moneys, such as the Property; and
WHEREAS, a copy of the Agreement and a summary of this transaction (which by this reference is incorporated herein as if set forth in full at this point) setting forth all of those matters required by the provisions of Sections 33431 and 33433 of the Redevelopment Law have been available for public inspection; and
WHEREAS, notice of the hearing to consider the Agreement was given in the manner required by law; and
WHEREAS, at said public hearing, the City Council received and considered a staff report (the “Staff Report”) (which by this reference is incorporated herein as if set forth in full at this point) and testimony; and
WHEREAS, the activity proposed for approval by this Resolution has been reviewed with respect to applicability of the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq., and the City’s environmental evaluation procedures; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, the City Council of the City of Oxnard, DOES HEREBY RESOLVE as follows:

SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution.
404
4 SECTION 2. The City Council has received and heard all oral and written objections to the Successor Agency’s proposed sale and transfer of the Property to Many Mansions for the Purchase Price, in accordance with the terms and conditions set forth in the Agreement and pursuant to the LRPMP, and to other matters pertaining to this transaction, and that all such oral and written objections are hereby overruled.

SECTION 3. The Successor Agency’s proposed sale and transfer of the Property to Many Mansions for the Project will assist in the elimination of blight or provide housing for low- or moderate-income persons.

SECTION 4. The Agreement is consistent with the implementation plan adopted pursuant to Section 33490 of the Redevelopment Law.

SECTION 5. The consideration from Many Mansions for the Property is not less than the fair reuse value at the use and with the covenants and conditions and development costs authorized by the sale or lease.

SECTION 6. The City Council hereby approves the Successor Agency’s entry into the Agreement and the sale and transfer of the Property to Many Mansions for the Purchase Price, in accordance with the terms and conditions set forth in the Agreement, and pursuant to the authority of the LRPMP.

SECTION 7. The City Council hereby approves the Agreement, in substantially the form as the Agreement attached to the Staff Report, that effectuates the Successor Agency’s disposition of the Property to Many Mansions.

SECTION 8. The City Council hereby approves the Grant Deed, in substantially the form as the Grant Deed attached to the Staff Report, that effectuates the Successor Agency’s disposition of the Property to Many Mansions.

SECTION 9. The City Council hereby authorizes and directs the City Manager of the City, or designee, (i) to take all actions and to execute any and all documents, instruments, and agreements necessary or desirable on behalf of the City, as approved by the City Manager of the City or City Special Counsel, including, without limitation, the Agreement and the Grant Deed, in order to effectuate the terms and conditions of the Agreement, (ii) to effectuate all other actions approved by this Resolution, including, without limitation, approving changes, implementations, or revisions to documents, instruments, and agreements as determined necessary by the City Manager, or designee; and (iii) to administer the City’s obligations, responsibilities, and duties to be performed pursuant to this Resolution and all documents, instruments, and agreements required by and for the sale and transfer of the Property from the Successor Agency to Many Mansions.

SECTION 10. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, then such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, 405
5 and to this end the provisions of this Resolution are severable. The City Council declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.

SECTION 11. The adoption of this Resolution is not intended to and shall not constitute a waiver by the City Council of any constitutional, legal or equitable rights that the City may have to challenge, through any administrative or judicial proceedings, the effectiveness and/or legality of all or any portion of the Dissolution Law, any determinations rendered or actions or omissions to act by any public agency or government entity or division in the implementation of the Dissolution Law, and any and all related legal and factual issues, and the City expressly reserves any and all rights, privileges, and defenses available under law and equity.

SECTION 12. This Resolution shall take effect upon the date of its adoption.

APPROVED AND ADOPTED, this ______ day of ________________, 2022.

John C. Zaragoza, Mayor
ATTEST: APPROVED AS TO FORM:

By: _________________________
Rose Chaparro, City Clerk Stephen M. Fischer, City Attorney 406
1 CDCSA RESOLUTION NO. ______________

A RESOLUTION OF THE GOVERNING BOARD OF THE OXNARD

COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR

AGENCY, APPROVING, AND RECOMMENDING TO THE

VENTURA COUNTY CONSOLIDATED OVERSIGHT BOARD
APPROVAL OF: (1) ENTRY BY THE OXNARD COMMUNITY

DEVELOPMENT COMMISSION SUCCESSOR AGENCY INTO A

PROPOSED PURCHASE AND SALE AGREEMENT WITH MANY
MANSIONS; (2) A GRANT DEED TO EFFECTUATE SAID
PURCHASE AND SALE OF REAL PROPERTY; (3) THE

REMITTANCE OF THE NET PURCHASE PRICE PROCEEDS

RECEIVED BY THE OXNARD COMMUNITY DEVELOPMENT

COMMISSION SUCCESSOR AGENCY AFTER CLOSE OF ESCROW

TO THE VENTURA COUNTY AUDITOR-CONTROLLER FOR
DISPOSITION TO TAXING ENTITIES; AND (4) RELATED ACTIONS WHEREAS, Assembly Bill No. X1 26 (2011-2012 1st Ex. Sess.) (referred to herein as the “Dissolution Act”) was signed by the Governor of California on June 28, 2011, making certain changes to the California Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the California Health and Safety Code) (the “Redevelopment Law”) and to the California Health and Safety Code (“H&S Code”) including adding Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170) (“Part 1.85”) to Division 24 of the H&S Code; and
WHEREAS, on December 29, 2011, the California Supreme Court delivered its decision in California Redevelopment Association v. Matosantos, finding the Dissolution Act largely constitutional and reformed certain deadlines set forth in the Dissolution Act; and WHEREAS, pursuant to the Dissolution Act, as modified by the California Supreme Court on December 29, 2011 by its decision in California Redevelopment Association v. Matosantos, all California redevelopment agencies, including the Oxnard Community Development Commission (the “Former CDC”), were dissolved on February 1, 2012, and successor agencies were designated and vested with the responsibility of paying, performing and enforcing the enforceable obligations of the former redevelopment agencies and expeditiously winding down the business and fiscal affairs of the former redevelopment agencies; and
WHEREAS, the City Council of the City of Oxnard adopted Resolution 14,135 on January 10, 2012, pursuant to Part 1.85 of the Dissolution Act, accepting for the City of Oxnard (the “City”) the role of Successor Agency to the Former CDC (the “Successor Agency”); and WHEREAS, the Successor Agency is a separate legal entity with rules and regulations that apply to the governance and operations of the Successor Agency; and 407
2 WHEREAS, the Dissolution Act was amended by Assembly Bill No. 1484 on June 27, 2012, which, among other things, imposed procedures for the Successor Agency’s disposition of certain Former CDC-owned real property including the required preparation of a Long Range Property Management Plan (the “LRPMP”) specifying the use and disposition of all such property and for the required approval of the LRPMP by the California Department of Finance (the “DOF”).

The Dissolution Act has since been further amended by Assembly Bill No. 1585, Senate Bill No. 341, Assembly Bill No. 471, Assembly Bill No. 1793, Assembly Bill No. 1963, Senate Bill No. 684, Senate Bill No. 107, and Assembly Bill No. 346; and WHEREAS, pursuant to the Dissolution Act, each successor agency shall have an oversight board with fiduciary responsibilities to holders of enforceable obligations and to the taxing entities that benefit from distributions of property taxes and other revenues pursuant to H&S Code Section 34188; and
WHEREAS, the oversight board was established for the Successor Agency (the “Oversight Board”) and all seven members thereof were appointed to the Oversight Board pursuant to H&S Code Section 34179. The duties and responsibilities of the Oversight Board are primarily set forth in H&S Code Sections 34179 through 34181; and
WHEREAS, pursuant to H&S Code Section 34191.5(b), on November 29, 2013, the Successor Agency prepared and submitted to the DOF for approval its LRPMP, as approved by the Oversight Board, that addressed the disposition and use of certain real properties of the Former CDC. On November 5, 2015, the Successor Agency prepared and submitted to the DOF for approval a revised LRPMP, as approved by the Oversight Board, that addressed the disposition of certain parcels of the Former CDC, as described in the revised LRPMP; and WHEREAS, the DOF, by letter dated December 31, 2015, issued its determination on the LRPMP, as revised, approving the Successor Agency’s use and disposition of all the properties listed in the LRPMP. The DOF’s letter acknowledges the Successor Agency’s submittal of its LRPMP on November 29, 2013 and the revised LRPMP on November 5, 2015; and WHEREAS, subdivision (j) of H&S Code Section 34179 created a single, countywide oversight board, effective July 1, 2018, for each county’s successor agencies; and WHEREAS, the Ventura County Consolidated Oversight Board (the “VCCOB”) has been established in accordance with H&S Code Section 34179 to approve the actions of Ventura County’s successor agencies, pursuant to H&S Code Section 34180, and to direct those successor agencies, pursuant to H&S Code Section 34181; and
WHEREAS, among the properties approved for disposition is the Successor Agencyowned real property located at 538 Meta Street, identified as Parcel I-1 in the LRPMP, and assigned assessor parcel number 201-0-213-100 (the “Property”); and 408
3 WHEREAS, the Successor Agency and Many Mansions, a California nonprofit corporation (“Many Mansions”), desire to enter into a Purchase and Sale Agreement (the “Agreement”), pursuant to which Many Mansions is to acquire the Property for the development of a pocket park, to be made available to the public (the “Project”). The Agreement provides for the Successor Agency to sell and transfer the Property to Many Mansions for a purchase price of $1 (the “Purchase Price”); and
WHEREAS, in order to expeditiously wind down the business and fiscal affairs of the Former CDC, the Successor Agency desires to sell and transfer to Many Mansions fee title to the Property through a proposed grant deed (the “Grant Deed”); and WHEREAS, the Agreement contains all the provisions, terms and obligations required by State and local law, and Many Mansions represents that it possesses the qualifications necessary to develop the Project as set forth in the Agreement, all of which will be in accordance with the purposes and objectives of the Redevelopment Law; and
WHEREAS, pursuant to Sections 33431 and 33433 of the Redevelopment Law, the Successor Agency is authorized, with the consent of the City Council, to sell or lease for development pursuant to the applicable redevelopment plan property of the Successor Agency acquired in whole or in part, directly or indirectly, with tax increment moneys, such as the Property; and
WHEREAS, a copy of the Agreement and a summary of this transaction (which by this reference is incorporated herein as if set forth in full at this point) setting forth all of those matters required by the provisions of Sections 33431 and 33433 of the Redevelopment Law have been available for public inspection; and
WHEREAS, notice of the hearing to consider the Agreement was given in the manner required by law, and a joint public hearing has been held by this Governing Board and the City Council; and
WHEREAS, at said joint public hearing, the Successor Agency received and considered a staff report (the “Staff Report”) (which by this reference is incorporated herein as if set forth in full at this point) and testimony, and the City Council authorized the Successor Agency to sell and transfer the Property to Many Mansions for the Purchase Price; and WHEREAS, the Successor Agency and Many Mansions entered into an exclusive negotiation agreement dated as of November 17, 2020 regarding the proposed sale of the Property, and so long as such sale is completed by December 31, 2022, California Government Code Section 54234(b)(1) and Surplus Land Act Guidelines Section 103(b)(2) provide that the sale is not subject to the requirements of AB 1486 and must comply with the Surplus Land Act as it existed on December 31, 2019; and
409
4 WHEREAS, the activity proposed for approval by this Resolution has been reviewed with respect to applicability of the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq., and the City’s environmental evaluation procedures, and it has been determined to comply with CEQA; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, the Governing Board of the Oxnard Community Development Commission Successor Agency, DOES HEREBY RESOLVE as follows:

SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution.

SECTION 2. The Governing Board has received and heard all oral and written objections to the Successor Agency’s proposed sale and transfer of the Property to Many Mansionsfor the Purchase Price, in accordance with the terms and conditions set forth in the Agreement and pursuant to the LRPMP, and to other matters pertaining to this transaction, and that all such oral and written objections are hereby overruled.

SECTION 4. The Agreement is consistent with the implementation plan adopted pursuant to Section 33490 of the Redevelopment Law.

SECTION 6. The Governing Board hereby approves, and recommends to the VCCOB the approval of, the Successor Agency’s entry into the Agreement and the sale and transfer of the Property to Many Mansions for the Purchase Price, in accordance with the terms and conditions set forth in the Agreement, and pursuant to the authority of the LRPMP.

SECTION 7. The Governing Board hereby approves, and recommends to the VCCOB the approval of, the Agreement, in substantially the form as the Agreement attached to the Staff Report, that effectuates the Successor Agency’s disposition of the Property to Many Mansions.

SECTION 8. The Governing Board hereby approves, and recommends to the VCCOB the approval of, the Grant Deed, in substantially the form as the Grant Deed attached to the Staff Report, that effectuates the Successor Agency’s disposition of the Property to Many Mansions. 410
5 SECTION 9. The Governing Board hereby authorizes and directs, and recommends to the VCCOB that it authorize and direct, the Executive Director, or designee, to remit to the Ventura County Auditor-Controller’s Office for distribution to the taxing entities in accordance with H&S Code Section 34191.5(c)(2)(B) the net purchase price proceeds that are received by the Successor Agency after the close of escrow for the Successor Agency’s sale and transfer of the Property to Many Mansions in accordance with the terms and conditions set forth in the Agreement, and in accordance with the LRPMP.

SECTION 10. The Governing Board hereby finds that so long as the sale of the Property is completed by December 31, 2022, it is not subject to the requirements of AB 1486 and must comply with the Surplus Land Act as it existed on December 31, 2019.

SECTION 11. The Governing Board hereby authorizes and directs, and recommends to the VCCOB that it authorize and direct, the Executive Director, or designee, (i) to take all actions and to execute any and all documents, instruments, and agreements necessary or desirable on behalf of the Successor Agency, as approved by the Executive Director of the Successor Agency or Successor Agency Special Counsel, including, without limitation, the Agreement and the Grant Deed, in order to effectuate the terms and conditions of the Agreement, (ii) to remit the net purchase price proceeds for the Property received from Many Mansions by the Successor Agency after the close of escrow to the Ventura County Auditor-Controller’s Office for distribution to the taxing entities in accordance with H&S Code Section 34191.5(c)(2)(B), (iii) to effectuate all other actions approved by this Resolution, including, without limitation, approving changes, implementations, or revisions to documents, instruments, and agreements as determined necessary by the Executive Director, or designee; and (iv) to administer the Successor Agency’s obligations, responsibilities, and duties to be performed pursuant to this Resolution and all documents, instruments, and agreements required by and for the sale and transfer of the Property from the Successor Agency to Many Mansions.

SECTION 12. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, then such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The Governing Board declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.

SECTION 13. The adoption of this Resolution is not intended to and shall not constitute a waiver by the Governing Board of any constitutional, legal or equitable rights that the Successor Agency may have to challenge, through any administrative or judicial proceedings, the effectiveness and/or legality of all or any portion of the Dissolution Law, any determinations rendered or actions or omissions to act by any public agency or government entity or division in the implementation of the Dissolution Law, and any and all related legal and factual issues, and the Successor Agency expressly reserves any and all rights, privileges, and defenses available under law and equity.

SECTION 14. This Resolution shall take effect upon the date of its adoption. 411
6 APPROVED AND ADOPTED, this ______ day of ________________, 2022.

John C. Zaragoza, Chairperson
ATTEST: APPROVED AS TO FORM:

By: _________________________
Rose Chaparro, Secretary Stephen M. Fischer, General Counsel 412
Public Hearing:

Successor Agency and Many Mansions
Purchase and Sale Agreement
City Council
July 28, 2022
Adam Smith, Project Manager
That the Oxnard Community Development Commission
Successor Agency adopt a Resolution Approving Proposed
Purchase and Sale Agreement With Many Mansions; a Grant Deed; and Remittance of the Net Purchase Price Proceeds to The Ventura County Auditor-Controller For Disposition to Taxing Entities; and (4) Related Actions.”
RECOMMENDATION 2
413
That the City Council:

1. Conduct a public hearing pursuant to California Health and Safety Code section 33433; and

2. Adopt a Resolution Making Findings Pursuant To The
Provisions Of California Health And Safety Code 33433;
Approving The Sale And Transfer Of Property From The
O Successor Agency To Many Mansions; Entry Into
Proposed Purchase And Sale Agreement and Grant Deed;
and Approving Related Actions.”
RECOMMENDATION 3
• Over many years, the City’s former redevelopment agency, the Community Development Commission (CDC),
purchased multiple properties in downtown Oxnard for
downtown revitalization purposes
• On February 1, 2012, redevelopment in California came to an end
• The former CDC was prohibited from entering into new
contracts or commitments (the Dissolution Law)
• Due to the economic downturn in the late 2000’s, and
subsequent Dissolution Law, redevelopment in Downtown
Oxnard came to a halt
BACKGROUND 4
414
REMAINING SUCCESSOR AGENCY PARCELS 5
Location of 7
remaining Successor
Agency Parcels
6 th STREET

META STREET
7th STREET

OXNARD BOULEVARD
ALLEY
1 2
3 4
5 7 6
• On November 17, 2020, the Successor Agency entered into an Exclusive Negotiating Agreement (ENA) with Many
Mansions
• ENA considered the parcel located at 538 S. Meta Street (the Property)
• After approval was received from the Successor Agency, staff brought the ENA agreement before the Ventura
County Consolidated Oversight Board (Oversight Board)
for approval on November 18, 2020, which was granted.
• Staff then forwarded the agreement and all relevant
documentation to the DOF for final approval, which was
received on December 17, 2020.

EXCLUSIVE NEGOTIATING AGREEMENT 6
415
7 Location of the Property

META STREET
6 th STREET
7th STREET

OXNARD BOULEVARD
ALLEY
1 Project: Pocket park,
accessible to the public and
maintain by the developer.
= Many Mansions other Affordable
Housing Developments

EXCLUSIVE NEGOTIATING AGREEMENT
• The Property bisects Many Mansion’s existing properties at 217-235 East 6th St and 536 Meta St
• 217-235 East 6th Street is under construction for an
87-unit mixed-use affordable housing development known
as the Central Terrace Apartments.
• Many Mansions is obtaining permits for 536 Meta Street for a 88-unit affordable housing development known as Aspire Apartments.
538 S META ST (the PROPERTY) 8
416
9 Many Mansions
Central Terrace Apartments
●87 units, 100% Affordable
●2,375 SF of common/commercial space

MANY MANSIONS AFFORDABLE HOUSING PROJECTS META STREET
6 th STREET
7th STREET

OXNARD BOULEVARD
ALLEY
Many Mansions
Aspire Apartments
●88 units, 100% Affordable
●1,768 SF of common/commercial space
2 1
10 Location of the Property

META STREET
6 th STREET
7th STREET

OXNARD BOULEVARD
ALLEY
1 ● Property is narrow,
approximately
twenty-five feet wide
● Many Mansions plans to
acquire the Property
develop a pocket park
consistent with the
Downtown Code
= Many Mansions’ other Affordable
Housing Developments

MANY MANSIONS AFFORDABLE HOUSING PROJECTS
417
• Including the Property in the design of these projects is extremely practical, as the parameters of the site (e.g., small and narrow) make it difficult for anything else to be
developed
• Sale of the Property will reduce blight and improve the neighborhood by creating a paseo and community pocket
park that will be open to the public and be developed,
managed, and maintained by Many Mansions
538 S META ST (the PROPERTY) 11 538 S META ST (PROPERTY) - RENDERING 12 418
• During the term of the ENA, staff and representatives from Many Mansions negotiated a PSA for the sale of the
Property
• In July 2020, Successor Agency staff had an appraisal completed on the Property
• The appraisal report stated that "only one land sale in the Downtown was available from which to discern current
land values...and that a secondary set of sale comparables was included in the appraisal...that included parts of Los Angeles County"
• The appraisal determined the Fair Market Value of the Property to be two hundred and fifty-two thousand dollars ($252,000)
PURCHASE AND SALE AGREEMENT 13
• However, in September 2020, Many Mansions
commissioned a third-party to produce a Fair Reuse Value Analysis of the Property
• A Fair Reuse Value Analysis informs the estimated market value for the development of a property based on the
planned reuse of that property
• The report concluded that the Property's market value is zero dollars ($0)
• This conclusion was based primarily on an analysis of the Property’s dimensions, its use as a future public pocket park and Downtown Code zoning requirements
PURCHASE AND SALE AGREEMENT 14
419
• The Fair Reuse Value Analysis summed up its conclusion by stating that the dimensions of the Property and setback requirements per section 16-147.4 of the Downtown Code
make the Property non-conducive to commercial or
residential development
• Further, the Property does not contain improvements and will not generate any cash flows given the planned reuse as a public pocket park
• Finally, the Analysis found that there were no comparable property sales given the planned reuse of the Property
PURCHASE AND SALE AGREEMENT 15
• The Parks Master Plan seeks to guide decision-making for the future development and management of the City’s
parks, recreation facilities, beaches, and open spaces
• The Parks Master Plan identifies the Five Points
neighborhood, where the Property is located, as the City’s most significant gap in park acres per one thousand (1,000) residents, with less than one (1) acre per 1,000 residents • The Parks Master Plan states that the City “should consider acquiring some of the vacant lots in these areas to develop into parks, when and if resources become available”
• Development of this site for a park is consistent with the Parks Master Plan
PARKS AND RECREATION MASTER PLAN 16
420
A summary of the terms of the PSA and accompanying
Grant Deed, which secures the Property as a future
public pocket park maintained by Many Mansions, is
summarized on the following slides
PSA AND GRANT DEED DEAL POINTS 17 PSA AND GRANT DEED DEAL POINTS 18 PSA:
● Proposed Purchase Price: $1
● Escrow Opening Date: upon approval of PSA by DOF
● Escrow Closing Date: on or before December 30, 2022
● Escrow conditions
● Closing Costs
421
PSA AND GRANT DEED DEAL POINTS 19
Grant Deed:
● Use: Many Mansions shall develop and construct on the Property a pocket park, to be made available to the
public subject to reasonable closing hours and related
health and safety restrictions similar to public parks
operated by the City
● Covenants Run with the Land
● Term: In effect until the date that is 55 years after the date of recordation
● Right of Reverter
• Required by California Health and Safety Code Section 33433
• Before any successor agency-owned property, acquired in whole or in part, with tax increment money, is sold for development according to the redevelopment plan, the
legislative body shall first approve the sale or lease by resolution after a public hearing
• Section 33433 requires staff to submit a summary report of the sale agreement
33433 REPORT 20
422
• There is no possibility that the proposed disposition of the Property would have a significant effect on the
environment
• Environmental impacts associated with the development of the Aspire Apartments project, including the public pocket park, were analyzed as part of the entitlement process
• Development and uses associated with the future
development of the public pocket park as part of the
mixed-use project were determined to be exempt under
CEQA
• Subsequent improvement to the property will be
separately examined in accordance with CEQA
ENVIRONMENTAL IMPACT 21
• The sale price of the Property will be for the Fair Reuse Value of one dollar ($1)
• Many Mansions will be paying all closing costs and related items, including base escrow fee, plus any additional
requested or customary costs, the premium for the
owner’s policy of title insurance for the Property, recording fees, and taxes
• Per the redevelopment Dissolution Law, net proceeds from the sale of the Property would be transferred to the
Ventura County Auditor-Controller for distribution to the other County taxing entities
• There is no impact on the City’s General Fund
FINANCIAL IMPACT 22
423
That the Oxnard Community Development Commission
Successor Agency adopt a Resolution Approving Proposed
Purchase and Sale Agreement With Many Mansions; a Grant Deed; and Remittance of the Net Purchase Price Proceeds to The Ventura County Auditor-Controller For Disposition to Taxing Entities; and (4) Related Actions.”
RECOMMENDATION 23
That the City Council:

1. Conduct a public hearing pursuant to California Health and Safety Code section 33433; and

THE END
25 425

CITY COUNCIL AGENDA REPORT

PUBLIC HEARINGS
AGENDA ITEM NO. L.2
DATE: July 28, 2022
TO: City Council
FROM: Vyto Adomaitis, Community Development Director, (805) 385-7882, [email protected] SUBJECT: Utility Easement Vacation; Planning and Zoning (PZ) Permit No. 22-660-01- A Resolution to vacate a thirty-eight (38) foot wide utility easement, totaling approximately 33,409 square feet located at 2700 and 2750 North Ventura Road, Oxnard, CA 93033 (APN 132-0-100-095 & 132-0-100-085). (0/5/5)

RECOMMENDATION
That the City Council:

1. Conduct a public hearing;

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

3. Adopt a Resolution to vacate its right, title and interest in a thirty-eight (38) foot wide utility easement, totaling approximately 33,409 square feet.

4. Authorize the Mayor to sign a Quitclaim Deed releasing City authority and/or rights to the access utility easement at such time that the appeal of the Fore Apartments project has been resolved in a manner that would allow the Fore Apartments project to move forward as proposed. (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/6LanPFAEOoM

BACKGROUND
Fore Apartment at RiverPark
On December 11, 2019, the City received a development application for a Development Design Review (DDR) Permit to allow for the development of the 333-unit apartment project (Fore Project). This application was dependent upon an amendment to the RiverPark Specific Plan (RPSP). The amendment to the RPSP was approved by the City Council on April 5, 2022. The amendment allowed for an increase in the maximum number of units allowed within the specific plan area, by allowing for high density housing in three new locations. The project represents the first development in one of those three project locations. As a result, the DDR Permit was able to move forward under the amended RPSP. On May 23, 2022, the Community Development Director approved a Development Design Review Permit for the construction of the Fore Project. Subsequent to the Fore Project approval an appeal of the Community Development Director decision was filed on May 31, 2022. The appeal is still pending, however City Council may proceed with the requested actions as they only authorize the City Manager to enter into the agreements, subject to final negotiations. The utility easement would not be vacated until the appeal has been resolved, in a manner that would allow the Fore Project to move forward as proposed.
426
The property located at 2700 and 2750 North Ventura Road, consists of two parcels which are currently vacant, as shown in Attachment 1. The easement, as shown in Attachment 5 Exhibit A, was initially granted to the City, for the purpose of allowing for the placement of utilities. As noted above, on May 23, 2022, the Community Development Director approved a Development Design Review Permit for the Fore Apartments at RiverPark project. As a condition of approval of the project, the Applicant was required to request the vacation of the subject public utility easement. In exchange for the vacation of the 38 foot utility easement, the Applicant was conditioned to provide a 16-foot public dedication, along with a new public sidewalk easement, if needed.

On June 2, 2022, the Planning Commission reviewed the request to acquire the Access Road and to vacate the 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 for General Plan conformance as required by California Government Code Section 65402(a). The Planning Commission determined the proposed acquisition of the access road and vacation of the utility easement would be consistent with the goals, policies and objectives of the City’s adopted 2030 General Plan and adopted Planning Commission Resolutions 2022-25 (Attachment 2), and 2022-26 .

On June 21, 2022, the City Council considered three items related to the Fore Project. These included a Maintenance Agreement For Access Road (Agreement Number A-8481), a State Highway Relinquishment Agreement (Agreement Number A-8482), and a resolution declaring its intention to vacate its right, title and interest in a thirty-eight (38) foot wide utility easement (the subject action). At the June 21, 2022 meeting the City Council granted the City Manager or designee the authority to finalize the negotiations and execute the two agreements (A-8481 and A-8482) related to the acquisition of the access road. The City Council also adopted Resolution 15,599 (Attachment 4), declaring its intention to conduct the required proceedings for vacation of the subject easement and directed the City Clerk to schedule a noticed public hearing no less than fifteen days after the Council’s initiation of the vacation proceedings, to be held on July 28, 2022. The adoption of Resolution 15,599 by the City Council is in accordance with the Streets and Highways Code Section 8320 which requires the City Council to review the Street Vacation request and adopt a Resolution of intention to vacate the right-of-way. The City Council is then required to direct the City Clerk to schedule a public hearing not less than 15 days after the initiation of proceedings in accordance with Streets and Highways Code Section 8320(b)(2). The staff report for the June 21, 2022 City Council meeting has been included as Attachment 3.

ANALYSIS AND DISCUSSION
The process for a right-of-way vacation is outlined in the Streets and Highways Code Section 8320. Pursuant to Streets and Highways Code Section 8320, a right-of-way vacation request involves a two-step process. The first step, which occurred on June 21, 2022, requires the City Council to review the right-of-way vacation request and adopt a resolution of intention to vacate the right-of-way. The second step involves a noticed public hearing and the adoption of a resolution to vacate the property by the City Council. In accordance with Streets and Highways Code Section 8320(b)(2), the date of the public hearing shall not be less than 15 days after the initiation of proceedings which means that the earliest the City Council could have scheduled a public hearing to consider the right-of-way vacation at a regular City Council meeting was for July 28, 2022.

The easement vacation map is included as Attachment 5, Exhibit A. Vacating the 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 will not alter public safety, convenience, and public welfare. As the Fore Apartments at RiverPark project is conditioned to provide a 16-foot Public Right-of-Way dedication, there will be sufficient spaces provided for the placement of public utilities within the new and existing Public Right of Way. Lastly, the proposal for the vacation of this easement was reviewed by the City staff as part of the Fore Apartment at RiverPark project and the easement was found to no longer be needed, with the new dedication.

The proposed vacation should be reviewed in the interest of safety, convenience, and public welfare, and not for the sole benefit of the property owner. Additionally, all property vacations are to be reviewed for conformance with the General Plan. As previously mentioned, the easement vacation was reviewed by the Planning Commission who determined the appropriateness of the easement vacation on June 2, 2022.

ENVIRONMENTAL REVIEW
Pursuant to California Environmental Quality Act (Public Resources Code Sections 21000 et seq., “CEQA”) and the 427
regulations promulgated thereunder (14 California Code of Regulations Sections 15000 et seq., the “CEQA Guidelines”), it can be seen with certainty that there is no possibility that the proposed vacation of the 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 would have a significant effect on the environment (CEQA Guidelines Section 15061(b)(3), and staff recommends that the City Council accept a Notice of Exemption as part of the noticed public hearing. All physical improvements and environmental impacts associated with the development of the residential project, were analyzed as part of the entitlement process, and the development and uses associated with the residential project were determined to be covered under the RiverPark EIR (FEIR 00-03) and subsequent addenda. Any subsequent improvement to the property will be separately examined in accordance with CEQA.

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 fiscal impact associated with the vacation of this easement.

COMMITTEE OUTCOME
This item did not originate in Committee. The Easement Vacation General Plan Conformity Determination was reviewed by and a recommendation was forwarded by the Planning Commission on June 2, 2022. On June 21, 2022, the City Council adopted Resolution 15,599 declaring its intention to vacate 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.

Prepared by: Joe Pearson II, AICP, Principal Planner

ATTACHMENTS

1. Maps (Vicinity, General Plan, Zoning)

2. Utility Easement Vacation Planning Commission Resolution 2022-25

3. June 21, 2022 City Council Staff Report (without attachments)

4. City Council Resolution 15,599

5. Draft City Council Resolution

6. City Council Presentation Slides
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DATE: June 21, 2022
TO: City Council
FROM: Vyto Adomaitis Community Development Director, (805) 385-7882, [email protected]
SUBJECT: Project Name: Cal-Trans Access Road Acquisition Agreements & Utility Easement Vacation; Located at 2700 and 2750 North Ventura Road (APN 132-0-100-095 & 132-0-100-085) and South of 2700 Ventura Road/901 Town Center Drive (Assessor’s Parcel Number: N/A). (0/5/5)

RECOMMENDATION
That the City Council:
1) Find the projects Exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3); and
2) Authorize the City Manager or designee be given authority to finalize the negotiations and to execute an Maintenance Agreement For Access Road (Agreement Number A-8481) by and between City of Oxnard, a municipal corporation of the State of California and Oxnard Coastal Investments, LLC, a California limited liability company and Ventura Land Development Company, LLC, a California limited liability company; and 3) Adopt a Resolution authorizing the City Manager or designee be given authority to finalize the negotiations and to execute an 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
4) Adopt 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 an 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 Thursday, July 28, 2022 at 6:00 p.m. at the at the City Council Chambers of the City of Oxnard located at 305 West Third Street in Oxnard, California.

EXECUTIVE SUMMARY:

On May 23, 2022, the Community Development Director approved a Development Design Review Permit for the construction of a 5-story apartment building with 333 residential units and a 6-story centrally located parking structure with 510 residential parking spaces on a 4.23-acre project site (Fore Project). To facilitate the construction of this project the City must acquire an existing approximately forty (40) foot wide California Department of Transportation (Cal-Trans) access road, totaling approximately 32,227 square feet (Access Road) to allow for adequate emergency access and vacate an existing City utility easement. As a result, the developer has requested that the City acquire the access 435
road and in exchange has agreed to maintain the Access Road on behalf of the City in perpetuity. To accomplish this the City would be entering into agreements with both Cal-Trans and the property owners of 2700 and 2750 North Ventura Road (Property Owners). The agreement with Cal-Trans would allow for the transfer of the access road property to the City, subject to certain requirements, and the maintenance agreement would require the Property Owners to maintain the Access Road. The maintenance agreement shall run with the land, and will apply to all future owners of the property located at 2700 and 2750 North Ventura Road. The acquisition of this Access Road would provide for emergency access to the Fore Project, as well as ensuring that adequate fire access is maintained for the existing Oakmont Senior Living Facility. Additionally, Fore Property (Developer) on behalf of the Property Owners, has requested the vacation of the existing utility easement. Per the Fore Project conditions, in exchange for the vacation of this utility easement, the Fore Project will provide a right-of-way dedication along Ventura Road. With this dedication adequate space would be provided for all future public utilities and improvements. On June 2, 2022, the Planning Commission reviewed the request to acquire the Access Road and to vacate the 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 for General Plan conformance as required by California Government Code Section 65402(a).

BACKGROUND:

Fore Apartment at RiverPark (Fore) Project
On December 11, 2019, the City received a development application for a Development Design Review (DDR) Permit to allow for the development of the 333-unit apartment project. This application was dependent upon an amendment to the RiverPark Specific Plan (RPSP). The amendment to the RPSP was approved by the City Council on April 5, 2022. The amendment allowed for an increase in the maximum number of units allowed within the specific plan area, by allowing for high density housing in three new locations. The project represents the first development in one of those three project locations. As a result, the DDR Permit was able to move forward under the amended RPSP. On May 23, 2022, the Community Development Director approved a Development Design Review Permit for the construction of the Fore Project. Subsequent to the Fore Project approval an appeal of the Community Development Director decision was filed on May 31, 2022. The appeal is still pending, however City Council may proceed with the requested actions as they only authorize the City Manager to enter into the agreements, subject to final negotiations. The agreements would not be executed nor would the utility easement be vacated until the appeal has been resolved, in a manner that would allow the Fore Project to move forward as proposed.

Cal-Trans Access Road
Due to the Fore Project design, the project required the use of an adjacent Access Road currently located within the Cal-Trans Right-of-Way. However, Cal-Trans does not allow for access and improvements associated with private developments within their right-of-way and will only transfer the property to a governmental entity. As such, to facilitate the development, the City must acquire the Access Road from Cal-Trans. The Access Road currently provided access to an existing detention basin and an existing pedestrian overcrossing facility located along the northbound direction of US 101 and extending over the Santa Clara River. Concurrent with processing of the RPSP Amendment, the property owners of 2700 and 2750 North Ventura Road, processed a Development Agreement 436
Amendment (DAA). As the access road was integral to the Fore Project, a provision related to the maintenance of the access road was included in the DAA. Under the DAA, the property owners agreed to enter into a maintenance agreement for the access drive and road located just north of Highway 101 and to the East of Ventura Road with the City of Oxnard. The maintenance agreement was to be entered into after the Developer secured entitlements for the Fore Project and prior to the City acceptance of the access road.

On June 2, 2022, the Planning Commission reviewed the request to acquire the Access Road for General Plan conformance as required by California Government Code Section 65402(a). The Planning Commission determined the proposed acquisition would be consistent with the goals, policies and objectives of the City’s adopted 2030 General Plan and adopted Planning Commission Resolution 2022-26 which has been included as Attachment 3.

Also, as a condition of the DDR Permit, the Developer must provide evidence of the transfer of ownership of the Access Road to the City prior to the issuance of any site improvement permits.

Neither the DAA language or the approval of the DDR Permit does obligate the City to accept the Access Road, and should the transfer not take place, the Fore project would need to be redesigned in manner to no longer require the use of the access road.

Utility Easement Vacation - Planning and Zoning Permit No. 22-660-01 (Street Vacation) The property located at 2700 and 2750 North Ventura Road, consists of two parcels which are currently vacant, as shown in Attachment 1. The easement, as shown in Attachment 7 Exhibit A, was initially granted to the City, for the purpose of allowing for the placement of utilities. As noted above, on May 23, 2022, the Community Development Director approved a Development Design Review Permit for the Fore Apartments at RiverPark project. As a condition of approval of the project, the Applicant was required to request the vacation of the subject public utility easement. In exchange for the vacation of the 38 foot utility easement, the Applicant was conditioned to provide a 16-foot public dedication, along with a new public sidewalk easement, if needed.

On June 2, 2022, the Planning Commission reviewed the request to vacate the 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 for General Plan conformance as required by California Government Code Section 65402(a). The Planning Commission determined the proposed vacation would be consistent with the goals, policies and objectives of the City’s adopted 2030 General Plan and adopted Planning Commission Resolution 2022-25 which has been included as Attachment 4.

ANALYSIS AND DISCUSSION
Access Road Acquisition
In early 2020, shortly after the submission of the Fore Project, City staff began discussions with the future Developer of the Fore Project, and Cal-Trans regarding the transfer of the access road to the City of Oxnard in support of the proposed project. As mentioned above the acquisition of the access road is integral to the design of the Fore Project, as it is necessary to provide for adequate emergency access around the perimeter of the project site. Additionally, east of the Fore Project site, further down the access road, is the Oakmont Senior Facility. The Oakmont development currently has a gate to access 437
the existing access road along its northern property line, however, as it is not a City Right-of-Way, access could be removed by Cal-Trans. This access point was critical for the Oakmont development as it provided a necessary secondary fire access point. The City’s acquisition of this access road would ensure long-term secondary fire access. Therefore, the acquisition of this Access Road, will both support the development of the Fore Project and ensure the secondary fire access is maintained at the Oakmont development. As previously mentioned, the property acquisition was reviewed by the Planning Commision who determined the appropriateness of the property acquisition on June 2, 2022.

As part of the transfer process both the City of Oxnard and Cal-Trans required environmental assessments of the Access Road property. At both the City and Cal-Trans request, the Developer prepared a Phase I Initial Site Assessment (ISA) and Phase 2 Environmental Site Assessment (ESA) for the Access Road. The purpose of the Phase I ISA was to identify potential or known hazardous materials, hazardous waste, and contamination in the project area as well as to identify recognized environmental conditions. The purpose of the Phase II ESA was to evaluate potential environmental impacts associated with historical agricultural activities at the site and nearby properties, as well as to evaluate potential impacts associated with imported fill material identified at the site. The Phase I ISA, primarily involved a site surface survey and review of the available literature. Based on the findings of the Phase I ISA, the assessment concluded that there was no evidence indicating that the subject property has been impacted by hazardous materials or petroleum products, and therefore no additional assessment is recommended. However, out of an abundance of caution the City also required the preparation of the Phase II ESA. The Phase II ESA, included coring and the collection of soil samples from adjacent to and beneath the Access Road. The assessment concluded that based on the low organochlorine Pesticides concentrations present in the soil matrix and the background levels of arsenic and total lead, no further environmental assessments of the Caltrans access road is required. Both of the assessments were peer reviewed by the City’s environmental consultants (Dudek), on behalf of the City, and the City’s consultants were in agreement with the conclusions of the assessments and City staff agree they were sufficient for the City’s acquisition of the Access Road.

State Highway Relinquishment Agreement
The proposed Relinquishment Agreement between Cal-Trans and the City of Oxnard, would allow for the transfer of Access Road to the City and lays out the requirements for the transfer. Specifically, the agreement as drafted would require the City to maintain the access road in perpetuity, to provide a access easement to Cal-Trans in perpetuity, to widen the access road to a reasonable width, and to restrict the Access Road use to only garbage trucks, emergency vehicles, City of Oxnard, and Caltrans.

The City and Cal-Trans are currently in final negotiations regarding the form of the agreement. Because the Developer wishes to be able to proceed with the Cal-Trans process prior to the next City Council meeting, City staff is requesting that the City Manager or designee be given authority to finalize the negotiations with Cal-Trans regarding the terms of the agreement. Once negotiations are complete, City staff are also requesting that the Mayor be given authority to execute the agreement on behalf of the City. The draft agreement is provided in Attachment 5 Exhibit A.

Maintenance Agreement For Access Road
The proposed Maintenance Agreement between the property owners of 2700 and 2750 North Ventura Road and the City of Oxnard, would transfer the maintenance of the Access Road to the property owners of 2700 and 2750 North Ventura Road. Specifically, the agreement as drafted would require the 438
owners of the properties located at 2700 and 2750 North Ventura Road to maintain the access road in perpetuity, including maintaining the guard rails and the fences along the access road and the gate erected on the Fore Apartments at Riverpark Property in good order, condition and repair (including making necessary repairs, replacements and renewals) in accordance with prudent industry standards or as may be required by any applicable governmental authority. The City and Developer are currently in final negotiations regarding the form of the agreement. Because the Developer wishes to be able to proceed with the Cal-Trans process prior to the next City Council meeting, City staff is requesting that the City Manager or designee be given authority to finalize the negotiations with the Developer regarding the terms of the agreement. Once negotiations are complete, City staff are also requesting that the Mayor be given authority to execute the agreement on behalf of the City. Execution of maintenance agreement shall be required prior to signing the State Highway Relinquishment Agreement. The draft agreement is provided in Attachment 6.

Utility Easement Vacation
The process for a right-of-way vacation is outlined in the Streets and Highways Code Section 8320.

Pursuant to Streets and Highways Code Section 8320, a vacation request involves a two-step process.

The first step, occuring on June 21, 2022, requires the City Council to review the easement vacation requests and adopt a resolution of intention to vacate the easement. The second step involves a noticed public hearing and the adoption of a resolution to vacate the easement by the City Council. In accordance with Streets and Highways Code Section 8320(b)(2), the date of the public hearing shall not be less than 15 days after the initiation of proceedings which means that the earliest the City Council can schedule a public hearing to consider the easement vacation at a regular City Council meeting is July 28, 2022.

The easement vacation map is included as Attachment 7, Exhibit A. Vacating the 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 will not alter public safety, convenience, and public welfare. As the Fore Apartments at RiverPark project is conditioned to provide a 16-foot Public Right-of-Way dedication, there will be sufficient spaces provided for the placement of public utilities within the new and existing Public Right of Way. Lastly, the proposal for the vacation of this easement was reviewed by the City staff as part of the Fore Apartment at RiverPark project and the easement was found to no longer be needed, with the new dedication.

The proposed vacation should be reviewed in the interest of safety, convenience, and public welfare, and not for the sole benefit of the property owner. Additionally, all property vacations are to be reviewed for conformance with the General Plan. As previously mentioned, the easement vacation was reviewed by the Planning Commision who determined the appropriateness of the easement vacation on June 2, 2022.

ENVIRONMENTAL REVIEW
Pursuant to California Environmental Quality Act (Public Resources Code Sections 21000 et seq., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations Sections 15000 et seq., the “CEQA Guidelines”), it can be seen with certainty that there is no possibility that the proposed acquisition of the Access Road located south of 2700 Ventura Road/901 Town Center Drive, 439
including the proposed agreements, and the vacation of the 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 would have a significant effect on the environment (CEQA Guidelines Section 15061(b)(3), and staff recommends that the City Council accept a Notice of Exemption as part of the noticed public hearing. All physical improvements and environmental impacts associated with the development of the residential project, including the improvements to adjacent access road were analyzed as part of the entitlement process, and the development and uses associated with the residential project were determined to be covered under the RiverPark EIR (FEIR 00-03) and subsequent addenda. Any subsequent improvement to the property will be separately examined in accordance with CEQA.

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

FISCAL IMPACT
There is no fiscal impact associated with the Maintenance Agreement For Access Road. With the Maintenance Agreement in plan the cost of maintaining the new access road would be covered by the property owners of the adjacent property. There is no fiscal impact associated with the vacation of the utility easement.

COMMITTEE OUTCOME
This item did not originate in Committee. The Access Road Acquisition and Easement Vacation General Plan Conformity Determinations were reviewed by and a recommendation was forwarded by the Planning Commission on June 2, 2022.

Prepared by: Joe Pearson II, AICP, Principal Planner

ATTACHMENTS

1. Cal-Trans Access Road Acquisition Planning Commission Staff Report - June 2, 2022

2. Utility Easement Vacation Planning Commission Staff Report - June 2, 2022

3. Cal-Trans Access Road Acquisition Planning Commission Resolution 2022-26

4. Utility Easement Vacation Planning Commission Resolution 2022-25

5. Draft City Council Relinquishment Agreement Resolution Exhibit A: Draft State Highway Relinquishment Agreement - Agreement Number A-8482 440

6. Draft Maintenance Agreement For Access Road - Agreement Number A-8481

7. Draft City Council Resolution of Intent
Exhibit A: Map of Utility Easement

8. Staff Presentation
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Attachment 3
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CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD
APPROVING THE VACATION OF 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 AUTHORIZING THE MAYOR TO SIGN A QUITCLAIM DEED ASSOCIATED WITH THE SUBJECT PARCELS. THE PROJECT APPLICATION WAS FILED BY JONATHAN K. CORNELIUS OF FORE PROPERTY, 1004 SANTA BARBARA STREET, SANTA BARBARA, CA 93101, ON BEHALF OF THE PROPERTY OWNER OXNARD COASTAL

INVESTMENTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND

VENTURA LAND DEVELOPMENT COMPANY, LLC, A CALIFORNIA
LIMITED LIABILITY COMPANY.

WHEREAS, The Fore Property (“Applicant”) submitted a request for the vacation of a utility easements located at 2700/2750 Ventura Road, Oxnard, CA 93033 (the “Property”), as shown in Exhibit A of this resolution, and incorporated by reference; and WHEREAS, The City of Oxnard is the owner of record of the utility easement; and WHEREAS, The 2030 General Plan in a comprehensive, long term plan that guides land use and physical development of land within the City of Oxnard and provides policy direction regarding land uses that are intended to serve the community; and WHEREAS, Whenever a public agency proposes to acquire, dispose, vacate or abandon any real property, California Government Code Section 65402 requires a report on conformity with the General Plan; and
WHEREAS, The subject property is designated Commercial Regional (CR) by the City’s 2030 General Plan and is zoned RiverPark Specific Plan (RPSP); and WHEREAS, On May 23, 2022, the City of Oxnard Community Development Director approved a Development Design Review Permit (PZ 19-200-16) for the Fore Apartments at RiverPark Project, including a California Environmental Quality Act (CEQA) review for the physical development, and made findings of General Plan Consistency for the project at that time; and
WHEREAS, The vacation of this easement, as documented in the staff report, would be consistent General Plan policies regarding the use of the sites and would not adversely impact General Plan policies related to the provision of adequate utilities, with the roadway dedication; and
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Resolution No.________
July 28, 2022

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Oxnard City CouncilJuly 28, 2022

Oxnard City Council
July 28, 2022