Agenda packet — Oxnard City Council, September 20, 2022 (part 6 of 6)

www.fema.gov
Enclosures (2)
Ventura County Plan Review Tool, dated August 16, 2022
Status of Participating Jurisdictions, dated August 16, 2022 cc: Jennifer Hogan, State Hazard Mitigation Officer, California Governor’s Office of Emergency Services
Victoria LaMar-Haas, Hazard Mitigation Planning Chief, California Governor’s Office of Emergency Services
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Ventura County Hazard Mitigation Plan Approval Notice
August 16, 2022

Page 3 of 3 ends

www.fema.gov
Status of Participating Jurisdictions as of August 16, 2022 Jurisdictions – Adopted and Approved
# Jurisdiction Date of Adoption
1 Ventura County July 12, 2022
Jurisdictions – Approvable Pending Adoption
# Jurisdiction
1 Camarillo, City of
2 Fillmore, City of
3 Moorpark, City of
4 Ojai, City of
5 Oxnard, City of
6 Port Hueneme, City of
7 Santa Paula, City of
8 Simi Valley, City of
9 Thousand Oaks, City of
10 Ventura, City of
11 Calleguas Municipal Water District
12 Casitas Municipal Water District
13 Channel Islands Beach Community Services District
14 Conejo Recreation and Park District
15 Ojai Valley Sanitary District
16 Pleasant Valley Recreation and Park District
17 Saticoy Sanitary District
18 Triunfo Water & Sanitation District
19 United Water Conservation District
20 Ventura County Fire Protection District*
21 Ventura County Office of Education
22 Ventura County Public Works Agency – Watershed Protection 23 Ventura Regional Sanitation District
* The Ventura County Fire Protection District is a dependent special district whose governing body is the County Board of Supervisors, therefore the County Board of Supervisor Resolution adopted on July 12, 2022 is sufficient for both the County and the Fire Protection District to receive approval from FEMA.
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CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.6
DATE: September 20, 2022
TO: City Council
FROM: Ashley Golden, Assistant City Manager, (805) 385-7478, [email protected] SUBJECT: Activation of the Wagon Wheel Neighborhood Council.

RECOMMENDATION
That the City Council certifies that the Wagon Wheel Neighborhood has completed the action necessary to participate in the Neighborhood Council Program.

BACKGROUND
The Neighborhood Council Program was established by the City Council of the City of Oxnard to serve as a way for Oxnard residents to work together and improve the quality of life in Oxnard. The Neighborhood Council Program is governed by the Neighborhood Council Bylaws, adopted on November 29, 2016 per Resolution No. 14,974 (Attachment 3). The program is supported by staff in the Neighborhood Services Division of the City Manager's Office. Each neighborhood, as defined in the 2030 General Plan, is eligible to form a Neighborhood Council following the requirements defined in the Neighborhood Council Bylaws.

Article II, Section B of the Neighborhood Council Bylaws states:

A neighborhood, as defined by the City Council for purposes of the Program, may form a Neighborhood Council and participate in the Program and in the Inter-Neighborhood Council Organization (INCO) if the City Council certifies that within one hundred and twenty (120) days before such certification at least eleven (11) persons eighteen (18) years of age or older who reside in the neighborhood, attended the formation meeting, that a majority of those persons approved these Bylaws, and that an Interim Executive Board of at least three (3) persons has been selected for the proposed Neighborhood Council.

Once certified by the City Council, a Neighborhood Council is entitled to receive City Support as outlined in Article IX of the Bylaws. This support includes, but is not limited to, assistance with preparing agendas, reserving locations for meetings, coordination of guest speakers, City staff attendance and reports at Neighborhood Council meetings, and distribution of meeting agendas in the Neighborhood Council weekly packet and online. Certified Neighborhood Councils are also entitled to participate in the Neighborhood Council Budget Program, which provides five hundred dollars ($500.00) per fiscal year to an active neighborhood to support neighborhood communications and outreach.

DISCUSSION
The City has received a petition from residents of the Wagon Wheel neighborhood requesting City Council certification of the Wagon Wheel Neighborhood (Attachment 1). The petition states that the Neighborhood Council held a formation meeting on June 28, 2022, where twenty-six (26) residents eighteen (18) years or older attended and elected an Interim Executive Board. The following individuals were elected to serve on the Interim Executive Board: Amanda Meere, Chair; Paloma Concordia, Vice Chair; Meagan Emmons, Secretary/Treasurer; and Gabrielle Lopez-Herrera, Member-at-Large.

The Wagon Wheel Neighborhood Council held a meeting on August 9, 2022, where twenty-six (26) residents eighteen 1374
(18) years of age or older attended and adopted the Neighborhood Council Bylaws.

The boundaries of the Wagon Wheel neighborhood, as shown in Figure 3-4 of the 2030 General Plan (Attachment 2), are Ventura Road, Oxnard Boulevard, Railroad, and the 101 Freeway (Wagon Wheel Road).

This petition fully complies with the requirements of the Neighborhood Council Bylaws, and certification of the Wagon Wheel Neighborhood Council is recommended.

FINANCIAL IMPACT
Active Neighborhood Councils can elect to participate in the Neighborhood Council Budget Program ("Program") which provides five hundred dollars ($500.00) per fiscal year to support neighborhood communications and outreach. Funds for the Program are included in the Neighborhood Services Division of the City Manager's Office in the FY 22-23 Budget.

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Samantha Shapiro, Project Manager

ATTACHMENTS

1. Petition to Certify the Wagon Wheel Neighborhood Council

2. Wagon Wheel Neighborhood Boundaries - 2030 General Plan Figure 3-4

3. Neighborhood Council Bylaws
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PETITION TO CERTIFY WAGON WHEEL NEIGHBORHOOD COUNCIL
This petition to certify Wagon Wheel Neighborhood Council is filed on behalf of the Wagon Wheel Neighborhood within the City of Oxnard, in order to certify the Wagon Wheel Neighborhood for purposes of participating in the City’s Neighborhood Council Program and the Inter-Neighborhood Council Organization (INCO). The Wagon Wheel Neighborhood is established in the 2030 General Plan (attached). The boundaries of the Wagon Wheel Neighborhood as shown on Figure 3-4 of the 2030 General Plan (attached) are Highway 101/Wagon Wheel Road (NE), Oxnard Blvd (E), Railroad (W), Ventura Road (NW).

This petition states that the Wagon Wheel neighborhood held a meeting on June 28, 2022 where 26 residents 18 years or older attended and elected an Interim Executive Board. The Wagon Wheel Neighborhood held a meeting on August 9, 2022 where 26 residents 18 years or older attended and approved the Neighborhood Council Bylaws. The individuals listed below were elected to serve on the Interim Executive Board. Their residency in the Wagon Wheel Neighborhood has been verified by City Staff.

We request that the City Council certify the Wagon Wheel Neighborhood at the City Council meeting on September 20, 2022.

Role Name
Chair Amanda Meere
Vice-Chair Paloma Concordia
Secretary/Treasurer Meagan Emmons
Member-at-Large Gabrielle Lopez-Herrera
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
Figure 3-4 Neighborhoods
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CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. M.1
DATE: September 20, 2022
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] Jeff Pengilley, Assistant Community Development Director, (805) 385-8208, [email protected] SUBJECT: Proposed City-wide Residential Curb Cut Program to enhance the parking availability in residential areas by allowing curb cuts while minimizing impacts to existing on-street parking inventories. (0/15/15)

RECOMMENDATION
That the City Council adopt a Resolution titled: “A Resolution Of The City Council Of The City Of Oxnard Adopting A City-Wide Residential Curb Cut Program.”
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/p6kQs6BAftw

BACKGROUND
Roughly 50 to 60 inquiries regarding curb cut permits were received by the City in 2021. Approximately 21 curb cut Encroachment Permits were issued by Building & Engineering in 2021, which represents both projects which receive a Planning entitlement and projects which don’t require a Planning entitlement. Seven curb cut permits were issued in 2022, consisting of three for the Bartolo Program and four under Reasonable Accommodations. 1992/2006 Policies & 2007 Bartolo Square North & South and the Hill Street Curb Cut Pilot Program Current City policy generally does not allow new residential curb cuts where alley access to the property is already provided. Under the City’s current policies, only one curb cut is allowed per property and the alley access is considered to be the one allowed curb cut (Attachment 1 and 2).

Three general exceptions to this current policy exist if the requested additional curb cut is not to be installed on a collector street, and is not in the Cultural Heritage Survey District: 1) Where 70% of the existing residences on the same block (both sides of the street) currently have legal curb cuts, a new curb cut from the street will be allowed; 2) A Reasonable Accommodation can be approved based on a specific disability need that requires a curb cut however, the curb cut must be restored back to the original condition when the Reasonable Accommodation is no longer required; and 3) For residents in the Bartolo Square and Hill Street neighborhoods, a special curb cut program was implemented in 2007 to allow new curb cuts, with specific conditions and restrictions.

ANALYSIS/DISCUSSION
In response to City Council requests in February 2022, a new residential curb cut program has been developed through a collaboration between the City’s Public Works, City Attorney and Community Development Departments. In many residential areas of the City, there is limited availability of on-street parking and ongoing requests for curb cuts.

Typically, for each curb cut that is created, at least one on-street parking space is lost, further reducing the availability of on-street parking.
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The proposed City-wide Residential Curb Cut Program allows single family and duplex residential property owners to apply for a curb cut that would require as a permit condition the accommodation of a minimum of two registered vehicles to be parked on their private property, resulting in the creation of additional parking space availability on adjacent public streets. The intent of the Proposed City-wide Residential Curb Cut Program is to allow for additional parking for single family and duplex properties in residential areas while minimizing impacts to the existing on-street parking inventories. For every new curb cut installed, there is a loss of at least one on-street parking spot. As such, in order to meet the purpose of the new proposed City-wide Residential Curb Cut Program, property owners must show that the new curb cut will accommodate a minimum of two registered vehicles that will be removed from existing on-street parking areas.

The proposed program builds upon the Bartolo Square North and South and the Hill Street Curb Cut Pilot Program, which allows curb cuts at properties with alleyway access with some additional modifications. Key issues the new Program is seeking to address are as follows:

1. Curb cuts and associated driveways constructed from impermeable materials increase stormwater runoff due to the increased impermeable surface area.

2. Additional curb cuts can only marginally help mitigate the street parking issues at best.

3. The issue of overcrowding and associated increased number of vehicles is not addressed by adding curb cuts and the associated loss of neighborhood character due to front yard parking and loss of front yard landscaping.

4. Curb cuts reduce on-street parking availability by as much as 1 or 2 parking spaces per curb cut.

5. Curb cuts can cause sidewalks to be more challenging to navigate safely for the disabled community.

6. Additional City staff time will be required to monitor that inoperable/unregistered vehicles, RVs, and commercial vehicles are not being parked or stored in the front yard areas.

Zoning and Land Use Considerations
This Program was developed in compliance with the existing approved city codes, guidelines, and policies. The Oxnard City Code (OCC) defines front yard setback and the amount of required parking for a particular use. Front yards are to be clear of structural development from the ground to the sky. In the case of single family homes, required parking is to be located within the garage to keep it screened from the street.

Specifically, OCC Section 16-333 seeks to maintain a formal delineation between areas used for parking and open space as “no person shall park or store a vehicle on any portion of residential property visible from a public street unless the vehicle is parked on a driveway.” Additionally, OCC Section 16-622 allows for tandem parking; however, “tandem parking spaces, whether or not in garages, and whether for residents, visitors or customers of the proposed use, shall not be counted toward satisfaction of the parking requirement for the proposed use.” The City also adopted the “Attention to Detail” design guidelines in 1992 and the Landscape Standards in 1988. Both of these documents have text which relates to either the treatment of front yards and / or screening of vehicles. The design guidelines state “Parking areas should be screened from public ways and divided with landscaping, walls, fences, landscape berms or other elements.”
The City’s Landscape Standards indirectly speak to parking as the standards seek to maximize open areas and minimize areas with hardscape. Specifically, the Landscape Standards state “All open areas shall be landscaped with some combination of trees, shrubs, ground cover or lawn. (Lawn shall not exceed 75% of the front yard, and a drought tolerant variety of grass must be specified.) The City reserves the right to modify plans in quantity and quality of landscaping.” Additionally, the landscape standards require that each single-family residence have one (1) tree planted at the front of each residence.

Collectively, the OCC, Attention to Detail, and Landscape Standards have all contributed to the current neighborhood character. These regulations collectively seek to maintain an organized and functional area to accommodate vehicle maneuvering while also providing the most amount of screening and landscaping possible to enhance neighborhood character. The City can modify these standards, but careful consideration should be given to the changes as it is expected that modifications to these standards would lead to changes in the neighborhood character. 1390
Proposed City-wide Residential Curb Cut Program Key Issues:
 By minimizing the allowed width of curb cuts and requiring that at least 2 off street spaces be created to justify a new curb cut, additional parking can be achieved by allowing curb cuts.  State Laws allowing Accessory Dwelling Units (ADUs), including the conversion of garages into ADUs, will increase the number of vehicles parked on the streets. A curb cut program that provides an increase in off-street parking may offset the ADU effects on neighborhood parking.  Curb cuts can be designed to maintain ADA compliant sidewalks by using a City approved alternative to the Standard Plates where a parkway does not exist.
 Increased stormwater runoff can be mitigated by the use of permeable paving for new parking areas on site.  During the City’s declared drought emergency and up to 90-days past the cessation of the emergency, compliance with landscaping standards can be modified in order to help mitigate the aesthetics of front yard parking areas.
 New curb cuts would not be allowed for front yard parking of commercial vehicles, recreational vehicles or inoperative/unregistered vehicles.

Proposed City-wide Residential Curb Cut Program
The Program in full detail is in Attachment #5. Highlights of the proposed Program requirements are noted here:

1. The curb cut must be requested by the property owner and be located in the front yard of the residential property. Only one curb cut will be allowed per residential property.

2. The curb cut is to serve a single family or duplex residence and is not to be utilized to park commercial vehicles, recreational vehicles, or to store inoperable or unregistered vehicles in the front yard area.

3. The curb cut is not located within the Henry T. Oxnard Historic District.

4. The property does not already have an existing curb cut.

5. The property owner must demonstrate that two vehicles currently parked on the street will be parked on the property. The minimum parking area for two cars shall be 20 feet in depth x 24 feet wide. Tandem parking may be considered on a case by case basis if the 20 feet x 24 feet front parking area is not feasible

6. An applicant’s garage must be able to fully function as a garage (e.g. a two car garage must be able to park two cars). The City will perform an inspection of the garage prior to issuance of the curb cut permit to verify that it is clear of storage or other items that would prohibit vehicle parking. This requirement does not apply to garages that have been legally converted to Accessory Dwelling Units.

7. If applicable, properties with garages shall execute a covenant running with the land, on a form approved by the City Attorney, requiring the ongoing maintenance of any such garage for vehicle parking at all times.

8. No more than 50% of the applicant’s front yard area may be paved, permeable or otherwise. However, where the required parking area exceeds 50% of the existing front yard, only the remaining front yard area shall be required to be landscaped.

9. Per the Landscape Standards, all open areas shall be landscaped with some combination of trees, shrubs, organic and inorganic ground cover, or lawn. Inorganic ground cover, such as decomposed granite, crushed rock, gravel, river rock, and/or boulders, shall not exceed 75% of the landscaped front yard. Lawn shall not exceed 75% of the landscaped front yard, and a drought tolerant variety of grass must be specified. The City reserves the right to modify plans in quantity and quality of landscaping at its discretion due to current or future drought conditions.

10. New on-site parking pad shall be constructed of a permeable material as approved by Community Development.

11. For properties with alley access, the property owner shall install and maintain in good working order a light providing illumination equivalent to 3200 lumens (typically 2-100 watt incandescent equivalent LED bulbs) on the alley at the rear of the property.

12. A licensed contractor is required for work in the City Right of Way. All curb cuts shall be installed by a Class “A” (General Engineering) California State licensed contractor.

In conclusion, the proposed City-wide Residential Curb Cut Program seeks to address the growing neighborhood and community issues related to the lack of adequate on street parking by allowing residential curb cut permits, subject to permit conditions and with permit approval, to take existing vehicles parked on public streets and accommodate them on 1391
private property.

The proposed City-wide Residential Curb Cut Program would be reviewed after the first 200 permits are issued or after two years, whichever occurs first, to determine the benefits and impacts of this program and whether changes or modifications to the program are needed.

Community Input
As part of the process to develop the proposed new curb cut program, in addition to Council Committee feedback (noted below), staff presented the Program to the Inter-Neighborhood Council Organization (INCO) on May 4, 2022. All three presentations resulted in support for development of the Program.

STRATEGIC PRIORITIES
This agenda item supports the Quality of Life strategy. The purpose of the Quality of Life strategy is to restore and increase quality services and programs that enrich Oxnard's diverse community, promotes safe neighborhoods, encourages community engagement, and supports our residents in their efforts to improve their quality of life. By providing additional parking opportunities through the utilization of curb cuts, a quality of life improvement can be achieved for residents seeking parking spaces in impacted neighborhoods.

FINANCIAL IMPACT
The City has adopted fees associated with permitting and inspection of curb cuts, electrical permits for the lighting requirement, initial garage inspections, and landscape reviews and inspections. If complaints are generated that will necessitate additional garage inspections, the costs of those inspections are not a cost recovery service. Those inspections are part of the daily work of the Code Compliance Division. Additional garage inspections will be part of the future assessment of the program and may necessitate the creation of the fee to cover staff time.

COMMITTEE OUTCOME
The Community Services, Public Safety, Housing & Development Committee recommended development of the Program with the following vote: Madrigal and MacDonald voted in favor; the motion carried 2-0. Member Zaragoza was absent.

The Public Works & Transportation Committee recommended development of the Program with the following vote:

Lopez and Perello voted in favor; the motion carried 2-0. Member Zaragoza was absent.

Prepared by: Michael Wolfe, Public Works Director, Jeff Pengilley, Assistant Community Development Director

ATTACHMENTS

1. 1992 Curb Cut Policy Statement

2. 2006 Curb Cut Policy Clarification

3. Bartolo Square-Hill Street Curb Cut Program

4. Committee Reports 3.22.22

5. Residential Curb Cut Resolution

6. Presentation
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Attachment 1
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ITEM 4.2
PAGE 1

CITY OF OXNARD

PLANNING DIVISION

POLICIES & PROCEDURES
SUBJECT: Residential Curb Cuts and Access
EFFECTIVE DATE: November 21, 2006
LAST REVISED: November 21, 2006 APPROVED BY: Susan L. Martin, AICP Section 16-636 of the City Code describes design standards for vehicular parking areas.

Regarding curb cuts for single-family residences that are adjacent to an alley, the following clarification is provided:

1. If potential access exists off a public street frontage and an alley, but there is no existing curb cut on the public street, access shall be granted only off the alley.

2. If a curb cut exists off the public street, and it is legally permitted, the applicant need not remove the curb cut. In addition, the applicant may also have access off the alley.

3. If vehicular access exists off an alley, the applicant may have direct access (i.e. multiple access points) off the alley provided all building setback and interior yard space requirements are satisfied.

4. If no vehicular access is available from the alley, and there is no existing curb cut at the public street, the applicant must apply for an encroachment permit to allow the driveway leading to the garage.

5. In any case, only one curb cut off the public street frontage is allowed per single-family residence.
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CURB CUT PROGRAM
for the

BARTOLO SQUARE (NORTH & SOUTH) AND

HILL STREET NEIGHBORHOODS
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To increase private onsite parking spaces for the residents in the Bartolo Square - North, Bartolo Square - South, and Hill Street neighborhoods, City Council has approved a policy for the issuance of curb cut permits for driveways in front yards within these neighborhoods.
• The policy does not allow curb cut permits on Wooley Road or Channel Islands Boulevard within these Neighborhoods.

The following three major items are required to obtain a curb cut permit:

A. INSPECTION OF GARAGE
An applicant’s garage must be able to fully function as a garage. (e.g. A 2 car garage must be able to park 2 cars) The city will perform an inspection of the garage prior to issuance of the curb cut permit to verify that it is clear of storage or other items that would prohibit vehicle parking.

B. ELECTRICAL PERMIT
Properties adjacent to an alley shall install and maintain in working order, lighting equivalent to at least 3200 lumens (typically 2-100 watt incandescent bulbs) to illuminate the alley adjacent to the garage. The light may be placed on the garage or on a pole placed in private property and shall be controlled by a motion sensor and photo-control. (NOTE: An electrical permit is required for the installation of any new electrical facilities. This permit can be issued simultaneous with the curb cut permit but the work must be completed prior to beginning construction of the curb cut.) C. SITE PLAN
A site plan is required to begin the permit application process. The following items must be shown on an 8 ½” by 11” (or larger) site plan:
□ Show all existing facilities that might affect the construction of the new curb cut.

These facilities include: Existing driveways, sidewalk width, water meters, trees, property lines, buildings/garages, existing/proposed electrical lighting in alley, any onsite paved area(s) (including walkways), traffic signs, utility poles, fire hydrants.

Plan must include the distance of these items from the proposed curb cut and the dimensions of all existing front yard concrete or paved surfaces. □ Show proposed location and width of the new curb cut. Include the distance from the property line. The maximum allowed width of a new curb cut is 15’ in the “W” dimension as per Exhibit A (attached).
□ Include owner’s name, phone number, and address where the curb is proposed. □ Most locations within these neighborhoods are constructed with a 5-foot wide sidewalk (measured from face of curb to back of sidewalk). To meet disabled access standards, new curb cuts/driveways must be constructed as shown on Exhibit A (attached).
□ Curb cuts shall maintain the required ADA (American Disability Act) sidewalk minimum width of 4 feet at the proposed driveway approach. (See Exhibit A). □ The maximum area allowed for parking in the front yard is limited as follows:

One Car parking: A 12’ x 20’ area (240 square feet)
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Two Car parking: A 24’ x 20’ area (480 square feet)
The permit inspector will verify compliance with these front yard paving limits prior to driveway/curb cut permit sign off.
□ Properties adjacent to an alley shall install and maintain, in working order, lighting equivalent to at least 3200 lumens (equivalent to 2-100 watt incandescent bulbs) for illuminating the alley adjacent to the garage. Show the location of the proposed or existing light meeting these requirements on the site plan. Indicate on the site plan that the light shall be controlled by a motion sensor and photo-control.

When the above requirements have been met, an encroachment permit process for a curb cut will commence. Please note the following:
• A LICENCED CONTRACTOR IS REQUIRED FOR WORK IN THE CITY

RIGHT OF WAY
All curb cuts shall be installed by a Class “A” (General Engineering) California State licensed contractor. A contractor with a valid City Business license and current general liability insurance, auto insurance, and workers compensation must sign the encroachment permit. (Contact the permit staff (385.7890) for insurance requirement handout.) The property owner is also required to sign the encroachment permit.
• PERIODIC GARAGE INSPECTIONS
As part of the permitting process, the property owner shall execute a Covenant running with the land allowing, periodic follow-up garage inspections as required by the Code Compliance Division. Garage inspection will include an inspection of the alley lighting requirement. (There will be no inspection fees associated with the periodic follow-up inspections of the garage.)
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Recording Requested by and
When Recorded Return to:

City of Oxnard
214 South C Street
Oxnard, California 93030
No Recording Fee Required In Accordance
With California Government Code Section 6103

SPACE ABOVE THIS LINE FOR RECORDING USE

AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY

THIS AGREEMENT CONTAINING COVENANTS AFFECTING REAL
PROPERTY ("Covenants") is entered into on ________________________________, in favor of THE CITY OF OXNARD, a public body, corporate and politic (“City”), by ________________________________________________________________________ (“Applicant”).

WHEREAS, Applicant is the owner of that certain real property in the City of Oxnard, County of Ventura, State of California, ("Property") commonly know as _____________________________________________________________________________, (APN ____-0-____-____) and more specifically described as Lot _________ of Tract ____________________; and
WHEREAS, Applicant wishes to obtain a permit to install a curb cut leading from Property to the adjacent City street; and
WHEREAS, Ordinance No. 2745 requires that any garage on the Property be maintained free of obstruction and in such a condition that such garage could be used for the storage of automobiles.

NOW, THEREFORE, IN CONSIDERATION OF BEING ISSUED A PERMIT TO

INSTALL A CURB CUT FROM THE PROPERTY TO THE CITY STREET, APPLICANT COVENANTS AND AGREES AS FOLLOWS:

1. Applicant, its successors and assigns, shall maintain every two-car garage on the Property free of obstructions and in such a condition that two automobiles can be parked in such garage.
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2. Applicant, its successors and assigns, shall maintain every one-car garage on the Property free of obstructions and in such a condition that one automobile can be parked in such garage.

3. To assure compliance with the foregoing, Applicant, its successors and assigns, agrees to allow City Code Compliance Personnel to inspect any garage on the Property upon twenty-four hours written notice being delivered to the Applicant, or its successors or assigns, or resident of the Property who is eighteen years of age or older.

4. City, its successors and assigns, is deemed the beneficiary of the covenants contained herein, without regard to technical classification and designation. The covenants shall run in favor of City, its successors and assigns.

5. The provisions contained herein are covenants running with the land and shall bind Applicant, its successors and assigns.

6. Applicant shall perform each and every obligation set forth in these Covenants, and this Agreement respecting the Property.

IN WITNESS WHEREOF, Applicant has executed this Agreement. (NOTARIZATION REQUIRED)
Applicant:

By:_____________________________ By:__________________________ (Signature) (Signature)
Name: __________________________ Name: ________________________ (Print Name) (Print Name)
Title: _________________________ Title: _________________________ 1401
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NOTARY ACKNOWLEDGEMENT REQUIRED
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 _______________________, 20____ 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 (Seal)
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 )
) §

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 (Seal)
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COMMUNITY SERVICES, PUBLIC SAFETY, HOUSING &

DEVELOPMENT COMMITTEE AGENDA REPORT

REPORTS
AGENDA ITEM NO. D.3
DATE: March 22, 2022
TO: Community Services, Public Safety, Housing & Development Committee FROM: Vyto Adomaitis, Community Development Director, (805) 385-7882, [email protected]
SUBJECT: Review of City’s proposed New Residential Curb Cut Policy to Enhance the Parking Availability in Residential Areas by Allowing Curb Cuts and Adding Off-street Parking on Residential Property. (0/15/15)

RECOMMENDATION
That the Community Services, Public Safety, Housing & Development Committee:

1. Receive a summary report on the City’s existing and proposed curb cut policies;

2. Provide input on the proposed curb cut policies; and

3. Recommend that staff should present a formal updated curb cut policy to the City Council.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/jJ62SZzAHSk

BACKGROUND
This item is being brought to the Committee for discussion and consideration in response to requests made previously by City Councilmembers, and most recently at the February 15, 2022 City Council meeting.

In 1992, the City approved a policy statement restricting curb cuts for various reasons (Attachment 1), and a clarification policy was issued in 2006 (Attachment 2). On September 11, 2007 City Council adopted the Bartolo Square North and South and the Hill Street Curb Cut Pilot Program (Uncodified Ordinance No. 2745), which expanded options for curb cuts within these specific neighborhoods.

Under this program, 90 curb cut permits have been issued, 18 of which were in the last year. Outside of the pilot program area, since 2012, an additional 15 reasonable accommodation permit requests that include a curb cut have been approved. Of the 15 requests that were approved, only 9 were constructed, bringing the total permitted and constructed curb cuts to 99 since 2007.

From a Code Compliance standpoint, 10 garage inspections related to issued curb cut permits are in process and 3 active code compliance cases are open for unpermitted curb cuts.

DISCUSSION
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Roughly 50-60 inquiries regarding curb cut permits were received last year. As a means to address the numerous requests for curb cuts due to limited on-street parking, a new draft curb cut policy has been developed in a collaboration between the Community Development Department, and the Public Works Department, to provide opportunities to increase off-street parking availability within residential neighborhoods by permitting curb cuts. The draft policy is based on the 2007 Bartolo Square North and South and the Hill Street Curb Cut Pilot Program.
1992 Policy & 2007 Bartolo Square North & South and the Hill Street Curb Cut Pilot Program Current City policy generally does not allow new residential curb cuts where alley access to the property is already provided. Under the City’s current policy, only one curb cut is allowed per property and the alley access is considered to be the one allowed curb cut. Three general exceptions to this current policy exist if the requested additional curb cut is not to be installed on a collector street, and is not in the Cultural Heritage Survey District: 1) Where 70% of the existing residences on the same block (both sides of the street) currently have legal curb cuts, a new curb cut from the street will be allowed; 2) A Reasonable Accommodation can be approved based on a specific disability need that requires a curb cut however, the curb cut must be restored back to the original condition when the Reasonable Accommodation is no longer required; 3) For residents in the Bartolo Square and Hill Street neighborhoods, a special curb cut program was implemented in 2007 to allow new curb cuts, with specific conditions and restrictions.

Approximately 20 curb cut Encroachment Permits were issued by Building & Engineering last year which represent both projects which receive a Planning entitlement and projects which don’t require a Planning entitlement.

Zoning and land use considerations
The Oxnard City Code (OCC) defines front yard setback and the amount of required parking for a particular use. Front yards are to be clear of structural development from the ground to sky. In the case of single family homes, required parking is to be located within the garage to keep it screened from the street.

Specifically, OCC Section 16-333 seeks to maintain a formal delineation between areas used for parking and open space as “no person shall park or store a vehicle on any portion of residential property visible from a public street unless the vehicle is parked on a driveway.” Additionally, OCC Section 16-622 allows for tandem parking; however, “tandem parking spaces, whether or not in garages, and whether for residents, visitors or customers of the proposed use, shall not be counted toward satisfaction of the parking requirement for the proposed use.”
The City has also adopted the “Attention to Detail” design guidelines in 1992 and the Landscape Standards in 1988, and both of these documents have text which relates to either the treatment of front yards and / or screening of vehicles. The design guidelines state “Parking areas should be screened from public ways and divided with landscaping, walls, fences, landscape berms or other elements.” The landscape standards indirectly speak to parking as the standards seek to maximize open areas and minimize areas with hardscape. Specifically, the landscape standards state “All open areas shall be landscaped with some combination of trees, shrubs, ground cover or lawn. (Lawn shall not exceed 75% of the front yard, and a drought tolerant variety of grass must be specified.) The City reserves the right to modify plans in quantity and quality of landscaping.” Additionally, the landscape standards require that each single-family residence have one (1) tree planted at the front of each residence, and two (2) trees required at the side of each residence if located on a corner lot.

Collectively, the OCC, Attention to Detail, and Landscape Standards have all contributed to the current 1404
neighborhood character. These regulations collectively seek to maintain an organized and functional area to accommodate vehicle maneuvering while also providing the most amount of screening and landscaping possible to enhance neighborhood character.

The City can modify these standards, but careful consideration should be given to the changes as it is expected that modifications to these standards would lead to changes in the neighborhood's character.

Proposed Curb Cut Policy
The intent of the new policy is to allow for additional parking for single family and duplex properties in residential areas while minimizing impacts to the existing on street parking inventories. For every new curb cut installed, there is a loss of at least one on-street parking spot. As such, in order to meet the purpose of the new proposed Curb Cut Policy, property owners must show that the new curb cut will accommodate a minimum of two registered vehicles that will be removed from existing on street parking areas.

The proposed policy builds upon the Bartolo Square North and South and the Hill Street Curb Cut Pilot Program, which allows curb cuts at properties with alleyway access with some additional modifications. The key modifications to the existing program can be summarized as follows:

1. Requires that permeable pavement be utilized at new driveways.

2. No more than 50% of the front yard area be paved.

3. Requires that existing paved front yards be reduced to a maximum of 50% of the front yard area.

4. Requires that the applicant demonstrate that they can park 2 additional vehicles off street in order to allow the curb cut, since the curb cut itself causes the loss of 1 on-street parking space at a minimum.

5. Explicitly prohibits front yard parking of commercial vehicles, RV’s, and inoperable/unregistered vehicles.

6. Requires the remaining front yard landscaping be brought into compliance with current Landscaping Standards.

Additionally, properties with existing garages shall comply with City requirements that any garage on the property be maintained free of obstructions and in such a condition that automobiles could be parked in a garage. Properties with a legally permitted Accessory Dwelling Unit (ADU) are also eligible for a curb cut. If a garage has been converted to create an ADU, replacement parking for the garage isn’t required, but replacement parking is encouraged onsite.

Similar to the Bartolo Square North/South and the Hill Street Curb Cut Pilot Program, unpermitted curb cuts must be brought up to current standards in order to be permitted.

Key issues the new Policy is trying to address:
 Curb cuts and associated driveways constructed from impermeable materials increase stormwater runoff due to the increased impermeable surface area.
 Additional curb cuts can only marginally help mitigate the street parking issues at best. The issue of overcrowding and associated increased number of vehicles is not addressed by adding curb cuts and the associated loss of neighborhood character due to front yard parking and loss of front yard landscaping.  Curb cuts reduce on-street parking availability by as much as 1 or 2 parking spaces per curb cut.  Curb cuts can cause sidewalks to be more challenging to navigate safely for the disabled community.  Additional City staff time will be required to monitor that inoperable/unregistered vehicles, RV’s, and commercial vehicles are not being parked or stored in the front yard areas. 1405
New Curb Cut Policy features seeking to address the key issues:
 By minimizing the allowed width of curb cuts and requiring that at least 2 off street spaces be created to justify a new curb cut, additional parking can be achieved by allowing curb cuts.  State Laws allowing ADU’s, including the conversion of garages into ADUs, will increase the number of vehicles parked on the streets. A curb cut policy that provides an increase in off-street parking may offset the ADU effects on neighborhood parking.
 Curb cuts can be designed to maintain ADA compliant sidewalks by using a City approved alternative to the Standard Plates where a parkway does not exist.
 Increased stormwater runoff can be mitigated by the use of permeable paving for new parking areas on site.
 Compliance with landscaping standards can be required to help mitigate the aesthetics of front yard parking areas.
 New curb cuts would not be allowed for front yard parking of commercial vehicles, Recreational Vehicles or inoperative/unregistered vehicles.

Example Areas for Committee Feedback

1. Staff recommends a citywide policy, rather than a neighborhood specific policy. Is the Council Committee supportive of this recommendation?

2. Staff recommends that the policy be reviewed after 2 years or 250 curb cuts are constructed, whichever comes first. Is the Council Committee supportive of these proposed review thresholds?

3. To improve the safety of the alleys, staff recommends inclusion of the installation of the alley lighting requirement of the Bartolo Square North and South and the Hill Street Curb Cut Pilot Program. Is the Council Committee supportive of this recommendation?

4. To support compliance with the “Attention to Detail” design guidelines, the Landscape Standards, and to mitigate stormwater runoff concerns staff recommends that no more than 50% of the front yard area be paved. This could require the removal of existing hardscape in a front yard when a curb cut is constructed. Is the Council Committee supportive of this recommendation?

STRATEGIC PRIORITIES
This agenda item supports the Quality of Life Strategy. The purpose of the Quality of Life strategy is to restore and increase quality service 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. By providing additional parking opportunities through the utilization of curb cuts, a quality of life improvement can be achieved for residents of parking impacted neighborhoods.

FINANCIAL IMPACT
There is no financial impact associated with this discussion. The City has established fees associated with permitting and inspection of curb cuts, electrical permits for the lighting requirement, initial garage inspections, and landscape reviews and inspections. If complaints are generated that will necessitate additional garage inspections, the costs of those inspections are not a costs recovery service. Those inspections are part of the daily work of the Code Compliance Division. Additional garage inspections will be part of the future assessment of the program and may necessitate the creation of the fee to cover staff time.

Prepared by: Vyto Adomaitis, Community Development Director 1406

ATTACHMENTS

1. 1992 Curb Cut Policy Statement

2. 2006 Curb Cut Policy Clarification

3. Bartolo Square-Hill Street Curb Cut Program

4. Proposed New Curb Cut Policy

5. Staff Presentation
1407

PUBLIC WORKS AND TRANSPORTATION COMMITTEE

AGENDA REPORT

REPORTS
AGENDA ITEM NO. D.4
DATE: March 22, 2022
TO: Public Works and Transportation Committee
FROM: Vyto Adomaitis, Community Development Director, (805) 385-7882, [email protected]
Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Review of City’s proposed New Residential Curb Cut Policy to Enhance the Parking Availability in Residential Areas by Allowing Curb Cuts and Adding Off-street Parking on Residential Property. (0/15/15)

RECOMMENDATION
That the Public Works and Transportation Committee:

1. Receive a summary report on the City’s existing and proposed curb cut policies;

2. Provide input on the proposed curb cut policies; and

3. Recommend that staff should present a formal updated curb cut policy to the City Council.

Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/KwXwS42Vtrc

From a Code Compliance standpoint, 10 garage inspections related to issued curb cut permits are in process and 3 active code compliance cases are open for unpermitted curb cuts. 1408

DISCUSSION
Roughly 50-60 inquiries regarding curb cut permits were received last year. As a means to address the numerous requests for curb cuts due to limited on-street parking, a new draft curb cut policy has been developed in a collaboration between the Community Development Department, and the Public Works Department, to provide opportunities to increase off-street parking availability within residential neighborhoods by permitting curb cuts. The draft policy is based on the 2007 Bartolo Square North and South and the Hill Street Curb Cut Pilot Program.
1992 Policy & 2007 Bartolo Square North & South and the Hill Street Curb Cut Pilot Program Current City policy generally does not allow new residential curb cuts where alley access to the property is already provided. Under the City’s current policy, only one curb cut is allowed per property and the alley access is considered to be the one allowed curb cut. Three general exceptions to this current policy exist if the requested additional curb cut is not to be installed on a collector street, and is not in the Cultural Heritage Survey District: 1) Where 70% of the existing residences on the same block (both sides of the street) currently have legal curb cuts, a new curb cut from the street will be allowed; 2) A Reasonable Accommodation can be approved based on a specific disability need that requires a curb cut however, the curb cut must be restored back to the original condition when the Reasonable Accommodation is no longer required; 3) For residents in the Bartolo Square and Hill Street neighborhoods, a special curb cut program was implemented in 2007 to allow new curb cuts, with specific conditions and restrictions.

Specifically, OCC Section 16-333 seeks to maintain a formal delineation between areas used for parking and open space as “no person shall park or store a vehicle on any portion of residential property visible from a public street unless the vehicle is parked on a driveway.” Additionally, OCC Section 16-622 allows for tandem parking; however, “tandem parking spaces, whether or not in garages, and whether for residents, visitors or customers of the proposed use, shall not be counted toward satisfaction of the parking requirement for the proposed use.”
The City has also adopted the “Attention to Detail” design guidelines in 1992 and the Landscape Standards in 1988, and both of these documents have text which relates to either the treatment of front yards and / or screening of vehicles. The design guidelines state “Parking areas should be screened from public ways and divided with landscaping, walls, fences, landscape berms or other elements.” The landscape standards indirectly speak to parking as the standards seek to maximize open areas and minimize areas with hardscape. Specifically, the landscape standards state “All open areas shall be landscaped with some combination of trees, shrubs, ground cover or lawn. (Lawn shall not exceed 75% of the front yard, and a drought tolerant variety of grass must be specified.) The City reserves the right to modify plans in quantity and quality of landscaping.” Additionally, the landscape standards require that each single-family residence have one (1) tree planted at the front of each residence, and two (2) trees required at the side of each residence if located on a corner lot.
1409
Collectively, the OCC, Attention to Detail, and Landscape Standards have all contributed to the current neighborhood character. These regulations collectively seek to maintain an organized and functional area to accommodate vehicle maneuvering while also providing the most amount of screening and landscaping possible to enhance neighborhood character.

1. Requires that permeable pavement be utilized at new driveways.

2. No more than 50% of the front yard area be paved.

3. Requires that existing paved front yards be reduced to a maximum of 50% of the front yard area.

5. Explicitly prohibits front yard parking of commercial vehicles, RV’s, and inoperable/unregistered vehicles.

6. Requires the remaining front yard landscaping be brought into compliance with current Landscaping Standards.

Similar to the Bartolo Square North/South and the Hill Street Curb Cut Pilot Program, unpermitted curb cuts must be brought up to current standards in order to be permitted.

Key issues the new Policy is trying to address:
 Curb cuts and associated driveways constructed from impermeable materials increase stormwater runoff due to the increased impermeable surface area.
 Additional curb cuts can only marginally help mitigate the street parking issues at best. The issue of overcrowding and associated increased number of vehicles is not addressed by adding curb cuts and the associated loss of neighborhood character due to front yard parking and loss of front yard landscaping.  Curb cuts reduce on-street parking availability by as much as 1 or 2 parking spaces per curb cut.  Curb cuts can cause sidewalks to be more challenging to navigate safely for the disabled community.  Additional City staff time will be required to monitor that inoperable/unregistered vehicles, RV’s, and commercial vehicles are not being parked or stored in the front yard areas. 1410
New Curb Cut Policy features seeking to address the key issues:
 By minimizing the allowed width of curb cuts and requiring that at least 2 off street spaces be created to justify a new curb cut, additional parking can be achieved by allowing curb cuts.  State Laws allowing ADU’s, including the conversion of garages into ADUs, will increase the number of vehicles parked on the streets. A curb cut policy that provides an increase in off-street parking may offset the ADU effects on neighborhood parking.
 Curb cuts can be designed to maintain ADA compliant sidewalks by using a City approved alternative to the Standard Plates where a parkway does not exist.
 Increased stormwater runoff can be mitigated by the use of permeable paving for new parking areas on site.
 Compliance with landscaping standards can be required to help mitigate the aesthetics of front yard parking areas.
 New curb cuts would not be allowed for front yard parking of commercial vehicles, Recreational Vehicles or inoperative/unregistered vehicles.

Example Areas for Committee Feedback

1. Staff recommends a citywide policy, rather than a neighborhood specific policy. Is the Council Committee supportive of this recommendation?

2. Staff recommends that the policy be reviewed after 2 years or 250 curb cuts are constructed, whichever comes first. Is the Council Committee supportive of these proposed review thresholds?

Prepared by: Vyto Adomaitis, Community Development Director, Michael Wolfe, Public Works Director 1411

ATTACHMENTS

1. 1992 Curb Cut Policy Statement

2. 2006 Curb Cut Policy Clarification

3. Bartolo Square-Hill Street Curb Cut Program

4. Proposed New Curb Cut Policy

5. Staff Presentation
1412

CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD ADOPTING

A CITY-WIDE RESIDENTIAL CURB CUT PROGRAM
WHEREAS, in 1992 and 2006 the City enacted a policies concerning curb cuts; and WHEREAS, in 2007, the City adopted a pilot curb cut program to allow curb cuts in specific areas of the City (Bartolo Square North, Bartolo Square South, and Hill Street); and WHEREAS, the City Council wishes to adopt a City-wide residential curb cut program as a means to help address the numerous requests for curb cuts due to limited on-street parking for single family homes and duplexes that meet specific requirements; and WHEREAS, this new program policy is to enhance the parking availability in residential areas by allowing curb cuts while minimizing impacts to the existing on-street parking inventories; and
WHEREAS, for every new curb cut installed, there is an anticipated loss of at least one on-street parking spot; and
WHEREAS, in order to meet the purpose of the new residential curb cut program, property owners must ensure that the new curb cut will allow two registered vehicles to be parked off the street; and
WHEREAS, properties with existing garages shall demonstrate, as one of the conditions of the curb cut permit, that any two-car garage on the property is maintained free of obstructions and in such a condition that two automobiles could be parked and that any one-car garage on the property is maintained free of obstructions and in such a condition that an automobile could be parked in such garage. This requirement would not be applicable to garages legally converted into Accessory Dwelling Units; and
WHEREAS, this residential curb cut program shall be reviewed within two years after its adoption or after the issuance of 200 permits, whichever occurs first, to determine the benefits and impacts of this program and whether changes or modifications to the program are needed.

NOW, THEREFORE, the City Council of the City of Oxnard resolves:

SECTION 1. The City Council hereby adopts the City-wide Residential Curb Cut Program attached hereto as Exhibit A and incorporated herein by this reference. Any prior curb cut programs and policies are hereby repealed.
1413
Resolution No.

City-Wide Residential Curb Cut Program
City Council
September 20, 2022

Page 2 ends

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

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________
John C. Zaragoza, Mayor
ATTEST:
_________________________________
Rose Chaparro, City Clerk
APPROVED AS TO FORM:
_________________________________
Stephen M. Fischer, City Attorney
1414
Resolution No.

City-Wide Residential Curb Cut Program
City Council
September 20, 2022

Page 3 ends

EXHIBIT A

CITY-WIDE RESIDENTIAL CURB CUT PROGRAM
This City-wide Residential Curb Cut Program (the “Program”) is adopted as a means to enhance the parking availability in residential areas by allowing curb cuts while minimizing impacts to the existing on-street parking inventories. This Program will be reviewed within two years from its adoption or after the issuance of 200 permits, whichever occurs first, to determine the benefits and impacts of this program and whether changes to the Program are needed.

The conditions of the Program are as follows:

1. The curb cut must be requested by the property owner and be located on the front yard of the residential property. For residential properties that have multiple street frontages, the front yard shall be determined by the Community Development Director or designee.

2. Only one front yard curb cut will be allowed per residential property.

3. The curb cut is to serve a single family or duplex residence and is not to be utilized to park commercial vehicles, recreational vehicles, or to store inoperable or unregistered vehicles in the front yard area.

4. The curb cut must be approved and permitted by the Community Development Department Director or designee.

5. The curb cut must meet current City of Oxnard Standard Plates or other design standards approved by the Community Development Department.

6. The curb cut must be inspected by the Community Development Department to ensure the curb cut installation meets City standards and that the other program requirements have been met.

7. The curb cut is on a residential street that is not a Primary, Secondary, or Local Arterial as designated by the 2030 General Plan or future General Plans as approved by the City Council.

8. The curb cut is not located within the Henry T. Oxnard Historic District.

9. The curb cut does not create a traffic or pedestrian safety issue as determined by the City Traffic Engineer.

10. The curb cut does not interfere or conflict with any existing easements or utilities.

11. The property owner must demonstrate that two registered vehicles currently parked on the street will be parked on the property. The minimum parking area for two cars shall be 20 feet in depth x 24 feet wide. Tandem parking may be considered on a case by case basis if the 20 feet 1415
Resolution No.

City-Wide Residential Curb Cut Program
City Council
September 20, 2022

Page 4 ends

x 24 feet front parking area is not feasible. Under unique circumstances, where the City determines these standards are not feasible for a given property, the Community Development Director may consider a modification of these standards.

12. The area of the front yard on residential properties available for vehicle parking shall be limited to that necessary to park no more than two vehicles.

13. After the proposed curb cut, the property meets the front yard Landscape Standards, as approved by the Community Development Department, and still be able to park two vehicles on site with the following specific conditions:
a. No more than 50% of the applicant’s front yard area may be paved, permeable or otherwise. However, where the required parking area exceeds 50% of the existing front yard, only the remaining front yard area shall be required to be landscaped. b. Existing paved yards must reduce the amount of existing paving to 50% or less of the front yard area. However, paving may exceed 50%, if necessary to provide the required parking area.
c. All open areas shall be landscaped with some combination of trees, shrubs, organic and inorganic ground cover, or lawn. Inorganic ground cover, such as decomposed granite, crushed rock, gravel, river rock, and/or boulders, shall not exceed 75% of the landscaped front yard. Lawn shall not exceed 75% of the landscaped front yard, and a drought tolerant variety of grass must be specified.

The City reserves the right to modify plans in quantity and quality of landscaping at its discretion.
d. Per the Landscape Standards, one tree is required at the front of each residence, however, during the City Council declared drought emergencies, the installation of the single tree may be postponed until the end of the declaration.

14. An applicant’s garage must be able to fully function as a garage (e.g. a two car garage must be able to park two cars). The City will perform an inspection of the garage prior to issuance of the curb cut permit to verify that it is clear of storage or other items that would prohibit vehicle parking. This requirement does not apply to garages that have been legally converted to Accessory Dwelling Units.

15. If applicable, properties with garages shall execute a covenant running with the land, on a form approved by the City Attorney, requiring the ongoing maintenance of any such garage for vehicle parking at all times.

16. Curb cuts installed without permits shall be brought into compliance with City standards as part of the Program’s permitting process.
1416
Resolution No.

City-Wide Residential Curb Cut Program
City Council
September 20, 2022

Page 5 ends

17. The width of the curb cut shall be limited to 15 feet maximum/12 feet minimum with a three foot transition on each side. Construction shall comply with City standards including disabled access requirements.

18. New on-site parking pad shall be constructed of a permeable material as approved by the Community Development Department.

19. Curb cuts shall be located to maximize on-street parking in front of the residential property no closer than three feet from a property line and a minimum of five feet from light poles, fire hydrants or other obstructions. Curb cuts shall be located so that where feasible, at least one vehicle may park between successive curb cuts.

20. For properties with alley access, the property owner shall install and maintain in good working order a light providing illumination equivalent to 3200 lumens (typically 2-100 watt incandescent equivalent LED bulbs) projected towards the the alley but located specifically on the permitted property, to the rear of the property. Such light shall be approved and permitted by the Community Development Department and controlled by a motion sensor or photo-cell. (Note: An electrical permit is required for the installation of any new electrical facilities. This permit can be issued simultaneously with the curb cut permit but the work must be completed prior to beginning construction of the curb cut.)

21. The curb cut must be installed by a Class A licensed contractor with an encroachment permit issued by the Community Development Department. The curb cut must meet City Standard Plate 115 for properties with a parkway.

22. Parking pad depth shall be a minimum of 20 feet encompassed entirely on the applicant’s private property so that no part of a parked vehicle extends into the right-of-way and/or over the Americans with Disability Act (ADA) path of travel and/or sidewalk.

23. As part of the permitting process, the property owner shall execute a Covenant running with the land allowing follow-up garage inspections as required by the City’s Code Compliance Division. Garage inspection will include an inspection of the alley lighting requirement. 1417
Proposed New
City-wide
Residential Curb Cut Program
Presentation to City Council
September 20, 2022
Michael Wolfe, Director of Public Works
Jeff Pengilley, Assistant Director of Community Development

1418
Background
• In 1992, the City approved a policy statement restricting curb cuts, citing expenses, navigation difficulties for our disabled community, potential liabilities and more.
• A clarifying policy for single-family residences that are adjacent to an alley was issued in 2006.
• The Bartolo/Hill Street Pilot Program, implemented in 2007, allows applications for curb cuts in the Hill Street and Bartolo neighborhoods.
• The request for considering a new curb cut program is in response to prior City Council requests made most recently at the February 15, City Council meeting.
• Staff has collaboratively developed a new proposed curb cut program for consideration.
2 1419
Existing Policy
• Current policy only allows one curb cut per property.

Where alley access is provided, the current policy does not allow for additional curb cuts.
• There are three exceptions:

1. 70% of the existing properties on the same block have a curb cut.

2. Reasonable Accommodations - Medical need/Handicap
Accessibility

3. Bartolo Square and Hill Street neighborhoods, a special curb cut program was implemented in 2007 to allow
new curb cuts, with specific conditions and restrictions. 3 1420
Existing Policy
• Curb Cut Permits are issued by the Community Development - Building and Engineering Division.
• City staff receive approximately 50-60 inquiries annually and has issued 102 curb cut permits under the Bartolo/Hill Street pilot program since 2007 between the pilot program and reasonable accommodations (13) granted by the Planning Division.
• Approximately 20 curb cut permits were issued in 2021 • One Development Design Review Permit was issued
• Three Reasonable accommodation permits were issued
• 7 curb cut permits issued in 2022 consisting of 3-Bartolo Program 4- Reasonable Accomodations
4 1421
Zoning and Land Use Considerations
• In 1988 and 1992, the City adopted Landscape standards and “Attention to Detail” design guidelines “Parking areas should be screened from public ways and divided with landscaping, walls, fences, landscape berms or other elements.”
• The Oxnard City Code (OCC) defines front yard setbacks and the amount of parking for a particular use.
• OCC Section 16-333 maintains a formal delineation between areas used for parking and open space.
• OCC Section 16-622 allows for tandem parking with conditions. 5 1422
Pros and Cons of allowing new Curb Cuts
6 Pros Cons
● Additional parking can be achieved by
minimizing the allowed width of curb cuts and
requiring a minimum of 2 off street spaces.
● Provides an increase in off-street parking
needed to offset ADU effects on
neighborhoods.
● Curb cuts can be designed to maintain ADA
compliant sidewalks.
● Increased stormwater runoff can be mitigated
by the use of permeable pavement for the
driveway.
● Landscaping standards can be modified under
current drought conditions to help mitigate the
aesthetics of front parking areas.
● New curb cuts would not be allowed for front
yard parking of commercial vehicles,
recreational vehicles or
inoperative/unregistered vehicles.
● Curb cuts can increase stormwater runoff
due to increased impermeable surface
area.
● Marginally addresses parking issues. The
issue of overcrowding and the associated
vehicles is not addressed.
● Reduced on-street parking availability by at
least one on-street parking spot
● Curb cuts can make sidewalks more
challenging to navigate safely for the
disabled community.
● Additional City staff time may be required to
respond to complaints regarding
inoperable/unregistered vehicles, RV’s, and
commercial vehicles being parked or stored
in the front yard areas.
1423
Review of New Proposed City-wide Residential Curb Cut Program The proposed new City-wide Residential Curb Cut Program replicates the Bartolo Square Curb Cut Program which allows curb cuts for properties with alleyway access, with some modifications:

1. Requires that permeable pavement be utilized at new driveways and that no more than 50% of the front yard area be paved where feasible.

2. Requires that the applicant demonstrate that they can park 2 vehicles off street in order to allow the curb cut, since the curb cut itself causes the loss of at least 1 on-street parking space.

3. Explicitly prohibits front yard parking of commercial vehicles, RV’s, and inoperable/unregistered vehicles.

4. Requires that the remaining front yard be landscaped but allows for modifications due to current drought conditions.

5. Attempts to increase on-street parking space availability in residential neighborhoods by allowing curb cuts.

6. Expands residential curb cut program to be City-wide. Program would be reviewed after 200 permits issued or 2 years, whichever comes first. 7 1424
Recommendation
● Recommend that the City Council adopt the proposed City-wide Residential Curb Cut Program.
● Direct staff to review the program after the first 200 permits are issued or after two years, whichever occurs first, for any potential changes to help facilitate the program going forward. 8 1425
1426

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. M.2
DATE: September 20, 2022
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Agreement A-8492 with Toro Enterprises, Inc. for Lift Station Improvements Project (Stations 1, 2, and 30), Specification No. PW 21-89. (0/5/5)

RECOMMENDATION
That the City Council approve and authorize the following for a total of $3,586,800 in Project funds for the Lift Station Improvements Project (Stations 1, 2, and 30), Specification No. PW 21-89 (Project No. 226601):

1. The Mayor to execute Agreement A-8492 with Toro Enterprises, Inc. in the amount of $2,989,000 for the Project;

2. A Project contingency amount of $298,900;

3. A Project allocation amount of $298,900 for engineering, inspection, survey and project management; and

4. Authorize the City Manager or designee to approve a budget appropriation in the amount of $2,686,800 from the available Wastewater Operations Fund Balance for the use of this Project. (This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.) Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/CdBt9ufTILQ

BACKGROUND
In May 2021 Public Works Engineering and the Wastewater Maintenance Division performed a condition assessment on all of the City-owned lift stations within the sewer collection system. A general scope of work was developed for lift stations requiring rehabilitation and each was prioritized according to their condition. The planned work was presented to and approved by City Council as part of the 2022-27 Capital Improvement Program, page 98, Lift Station Improvements.

Lift Stations 1, 2, and 30 were selected as the top priority due to their condition, shared force main, and interconnection with Channel Islands Beach Community Services District. A design consultant was engaged to develop the plans and specifications for the project, summarized in Discussion.

CIP Reference
Project No. 226601 – Wastewater Collection: Lift Station Improvements, Specification No. PW 21-89 - CIP 2022-2027 - Adopted May 3, 2022 – Page 98.

DISCUSSION
Due to the corrosive nature of wastewater the concrete structures and mechanical equipment have a relatively short useful life. These specific lift stations are also in close proximity to the ocean causing corrosion of the electrical panels. This project will repair the concrete and replace the mechanical and electrical equipment at Lift Stations 1 & 2. Equipment 1427
specifications include standardization across the collection system. Replacement with new corrosion resistant materials and rehabilitation of the wet well with epoxy coating will extend the useful life of the stations. In addition, the forcemain for Lift Station 1 will be constructed, rerouting the flow from CIBCSD gravity main and pump station to a shared forcemain, eliminating the double pumping that occurs now. Lift Stations 1, 2, & 30 will be fitted with a flow meter and communication allowing for real time flow monitoring. For reference, the locations of the three lift stations are:

LS-1: 360 Cabezone Circle
LS-2: 2310 S. Harbor Service Road
LS-30: 2600 Harbor Boulevard
The work is tentatively scheduled to begin in Winter of 2022 and continue into June of 2023 (180 working days). Lift Stations 1, 2, & 30 are spread across three neighborhoods; Hollywood by the Sea, Channel Islands, and Oxnard Shores respectively. Staff will work closely with each Neighborhood Council to keep them informed of the schedule and will also work closely with the businesses and residents directly impacted by the work to keep them informed of the project schedule. There will be no interruptions in service as the contract includes temporary bypassing of each lift station.

General project information will be disseminated to help keep the public informed as well.

The notice inviting formal bids (NIFB) on the Project was published on June 9, 2022, and all bids were due and opened on August 2, 2022. The City received the following bids:

J.R. Filanc Construction Company, Inc.: $3,068,258.00
Toro Enterprises, Inc.: $2,989,000.00
The lowest bidder is Toro Enterprises, Inc. and its bid is responsive to the City’s NIFB. Following this determination, procurement staff reviewed all documentation received from Toro Enterprises, Inc. and its subcontractor. Procurement staff verified possession of required currently valid licenses, reviewed the federal Occupational Safety and Health Administration (OSHA) website for safety violations, and verified registration with the California Department of Industrial Relations (DIR). Based upon the available information and research performed to date, staff believes that the contractor is capable of satisfactorily completing the project. Thus, staff recommends that the City Council award the contract for this Project to Toro Enterprises, Inc.

In addition to the project award amount of $2,989,000, Staff recommends authorizing $597,800 for the project, which includes $298,900 for project contingency (10% of the contract costs) and $298,900 for the cost for engineering services and City staff (10% of the contract cost). Engineering services include the following activities during construction: engineering, inspection, survey and project management. These recommendations bring the total estimated cost of the project to $3,586,800.

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

FINANCIAL IMPACT
The total cost for this Project is $3,586,800 which includes the construction agreement, contingency and project allocation. There is a total of $1,020,000 in approved appropriations from the Wastewater Operating Fund (611) for the Lift Stations 1, 2, and 30 Improvements Project, Specification No. PW 21-89 (Project No. 226601) and has a current available budget balance of approximately $900,000. Due to the project being ahead of schedule, an additional budget appropriation of $2,686,800 from the Wastewater Collection Operating Fund (611) is needed to provide sufficient funds to award the contract. These additional appropriations were originally anticipated and in FY 2023-24.

Project
226601
Current Project
Appropriations
Additional
Appropriations
New Total Project
Appropriations
1428
Wastewater
Op Fund
$1,020,000 $2,686,800 $3,706,800

COMMITTEE OUTCOME
This item did not originate in Committee as this is a capital improvement project specifically listed in the Capital Improvement Program budget, which was previously approved by the City Council.

Prepared by: Tatiana Arnaout, City Engineer

ATTACHMENTS

1. A-8492 TORO Enterprises PW 21-89

2. Budget Appropriation

3. Presentation
1429
Agreement No. A-8492
1 CONTRACT

CITY OF OXNARD CONTRACT FOR
LIFT STATIONS 1, 2, AND 30 IMPROVEMENTS PROJECT
SPECIFICATION NO. PW 21-89
THIS CONTRACT (“Contract”) is made and entered this ______ day of _____________, 20___ (“Effective Date”), by and between the CITY OF OXNARD, a California municipal corporation (“City”) and TORO ENTERPRISES, INC. (“Contractor”). Contractor’s license number is 710580.

In consideration of the covenants set forth herein, the parties hereto agree as follows:

1. Incorporation. The Contract consists of all Contract Documents, which shall include the Notice Inviting Bids, Instructions to Bidders, General Provisions, Special Provisions, Technical Specifications, Plans, Standard Plans, Greenbook, Reference Specifications, Bid (including documentation accompanying the Bid and post-Bid documentation submitted before the notice of award), insurance documentation, Bonds, the City business license, permits from regulatory agencies, Addenda, Change Orders and Supplemental Agreements. These documents are incorporated herein by reference.

2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as Lift Stations 1, 2, and 30 Improvements Project, Specification No. PW 21-89 (“Project”), as described in this Contract and in the incorporated Contract Documents.

3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of Two Million, Nine Hundred Eighty-Nine Thousand Dollars ($2,989,000) in accordance with the prices as submitted in the Bid, attached hereto as Exhibit “A” and incorporated herein by this reference.

4. Antitrust Claims. In entering into this Contract, Contractor assigns to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Section 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.

5. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply. Copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Project are on file with the Project Coordinator at City Hall and will be made available to any interested party on request.

Contractor and all Subcontractors are not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless registered and qualified to perform public work pursuant to Labor Code Section 1725.5 at the time of Bid submission.

6. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance 1430
Agreement No. A-8492
2 in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

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

8. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

9. Entire Agreement. This Contract, including all incorporated documents, constitutes the entire agreement between the parties hereto with respect to the Project, and supersedes all previous agreements, promises, proposals, representations, understandings and negotiations, whether written or oral, between the parties regarding the subject matter.

10. Amendment. No Contract modification, amendment or supplement to this Contract other than Change Orders will be binding unless written and signed by the parties’ duly authorized representatives.

11. Counterparts. This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A signed copy of this Contract transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Contract for all purposes.
[signatures on following page]
1431
Agreement No. A-8492
3 IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the first written above.

CITY OF OXNARD TORO ENTERPRISES, INC.
☐ John C. Zaragoza, Mayor1 Date Sean Castillo, C.E.O. 2 Date ☐ Alexander Nguyen, City Manager
☐ Jennifer Yates, Purchasing Manager
☐ , Buyer
Jerry Hannigan, Secretary Date
ATTEST:

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

Stephen M. Fischer, City Date
Attorney (always required)
1 The City Council must authorize and the Mayor must sign any agreement over $200,000 annually. The City Manager may authorize and sign any agreement over $100,000 but up to $200,000 annually. The Purchasing Manager may authorize and sign any agreement up to $100,000 annually. A Buyer may authorize and sign any agreement up to $25,000 annually. 2 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower‐level managers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

If the company has a different structure, or if the above‐listed persons are not the appropriate signers, please submit to the City Attorney legally‐binding documentation stating who can sign and bind your company. 1432

CITY OF OXNARD
BID SHEETS FOR LIFT STATIONS 1, 2, AND 30 IMPROVEMENTS PROJECT SPECIFICATION NO. PW 21-89
Bidder's Name: TORO ENTERPRISES I INC.

To the Honorable Mayor and Members of the City Council:

In compliance with the Notice Inviting Bids, the undersigned hereby agrees to execute the Contract to furnish all labor, materials, equipment and supplies for the Project in accordance with the Contract Documents to the satisfaction and under the direction of the City Engineer at the following prices:

ITEM DESCRIPTION PAYMENT UNIT OF ESTIMATED UNIT PRICE EXTENDED NO. REFERENCE MEASURE QUANTITY (+/-$) AMOUNT
Mobilization and
1 Demobilization (5% 1000-1 LS 1 $ maximum of Total l°2. s:. OC". - Bid Price)
2 LS1 Demolition 1000-2 LS 1 $ 46/C;OC.
-
-
3 LS1 Temporary 1000-3 LS 1 $ �so,.oo<>.
-
Sewer Bypassing
LS1 Polymer
4 Concrete Wet Well 1000-4 LS 1 $ b'o,.. o<:,<>,
Liner
LS1 Replace Access
5 Hatch - H20 Spring 1000-5 EA 2 $ 6"o ,.ooc.,.. $ foc},/ t:,t:>a,___.

Assisted Hatch
LS1 Replace
6 Concrete Slab, add 1000-6 LS 1 $ S:o_, o�,--
Davits, add Bollards
7 LS1 New 3/4" Water 1000-7 EA 1 $ '-fo,. oc-o , _...

Service Connection
LS1 Replace Pump
$ go, c,oo.- 8 Discharge Valves 1000-8 LS 1
and Piping
LS 1 Flow Meter and
Bypass Vault, Hatch, 1000-9 LS 1 $ (ptSJ. ooo.
and Appurtenances
10 LS1 Replace 1000-10 LS 1 $ i;c,� c,e,<:, _..,,, Electrical Panel 11 LS 1 Electrical 1000-11 LS 1 $ 30_..,oo .-
Service Upgrade

EXHIBIT A
A-1
Agreement No. A-8492
1433

ITEM DESCRIPTION PAYMENT UNIT OF ESTIMATED UNIT PRICE EXTENDED NO. REFERENCE MEASURE QUANTITY (+/-$) AMOUNT
12 LS1 Panel and Site 1000-12 LS 1 $ 30_..
oao. - Lighting
LS1 Instrumentation,
13 Controls, Programing 1000-13 LS 1 I $3c,.
,oa.-
Coordination
LS1 Install New
-
14 Pumps and Control 1000-14 EA 1 $ (,5"o I oo" ,
-
Panel-10 HP
Submersible
LS1 Install New
15 Force Main - 6" 1000-15 LF 1,220 $ O.fJC> , .,- $" \CJ,.oe1c- .- HOPE DR 21
16 LS1 Site Restoration 1000-16 LS 1 $ ?.CJ,,o()c. -
17 LS1 Temporary 1000-17 LS 1 $ �0()0, -
Fencing
18 LS1 Traffic Control 1000-18 LS 1 $lt6_.. Ode.._,
19 LS2 Demolition 1000-19 LS 1 $ So.,. aoc, ,-
20 LS2 Temporary
Sewer Bypassing 1000-20 LS 1 $ �5"u,..odd • -
LS2 Replace Access
21 Hatch - H20 Spring 1000-21 EA 2 $�o,ooc,J.- $ l'C,,c:._,oae. - Assisted Hatch
22 LS2 Modify Concrete 1000-22 LS 1 $ �c,;' oo•. -
Slab
LS2 Polymer
23 Concrete Wet Well 1000-23 LS 1 $ s-e1,,c;e-o. -
Liner
LS2 Install New 6"
24 Force Main Flow 1000-24 LS 1 $ '1C✓,1 000,-- Meter within New Vault �
25 LS2 New 3/4" Water 1000-25 EA 1 $ qc,,..oe:16 .-
Service Connection
26 LS2 Replace 1000-26 EA 1 $ 30,.. 00.t;.-
Electrical Panel
LS2 Panel and Site -
27 Lighting 1000-27 EA 1 $1,. .. ,660
A-2
Agreement No. A-8492
1434

ITEM DESCRIPTION PAYMENT UNIT OF ESTIMATED UNIT PRICE EXTENDED NO. REFERENCE MEASURE QUANTITY (+/-$) AMOUNT
LS2 Connect New
28 Flow Meter to 1000-28 LS 1 $ 30,oa�, -
Existing Control
Panel -
29 LS2 Replace Pump 1000-29 LS 1 $ �o,.
011c. -
Discharge Piping
LS2 Install New
30 Pumps and Control 1000-30 LS 1 $ \<;;,-c.,1c,ae.- Panel - 5 HP Submersible
LS2 Instrumentation,
31 Controls, Programing 1000-31 LS 1 $ 30_, coo ,-
Coordination
LS2 Reconstruct lfo,oo• �-
32 1000-32 LS 1 $ .-. Access Stairs &;)
33 LS2 New Access 1000-33 LS 1 $ 30.., 000. -
Stairs
34 LS2 Temporary 1000-34 LS 1 $5",. ad_.
-
Fencing
-
35 LS2 Traffic Control 1000-35 LS 1 $ lt>;OC"- ,--
36 LS30 Demolition 1000-36 LS 1 $ Jo1ouo ,-
37 LS30 Temporary 1000-37 LS 1 $ \ '2-5'" 000, -- Bypassing ,. -
LS30 Install New 8"
38 Force Main Flow 1000-38 LS 1 $L,61 (IO<S
--
Meter and Bypass
within New Vault
LS30 New DIP,
39 Valves, and Bypass 1000-39 LS 1 $Zo _.C)C,C , - Connection Outside Vault
LS30 Install New
40 Access Hatches (2) 1000-40 LS 1 $ \oO,Ce!i4._..
at Existinq Vault
LS30 Connect New
41 Flow Meter to 1000-41 LS 1 $ Z,'S",o••· ,-
Existing Control
Panel -
A-3
Agreement No. A-8492
1435

ITEM DESCRIPTION PAYMENT
NO. REFERENCE
42 LS30 New 3/4" Water 1000-42 Service Connection
LS30 Improve
43 Surfaces Around 1000-43
Vault
44 LS30 Electrical 1000-44 Improvements
45 LS30 Panel and Site 1000-45 Lighting
LS30
46 Instrumentation, 1000-46 Controls, Programing
Coordination
47 LS30 Install New 1000-47 Bollards at Site
48 LS30 Temporary 1000-48 Fencing

UNIT OF ESTIMATED

MEASURE QUANTITY
EA 1
LS 1 I
LS 1
LS 1
LS 1
LS 1
LS 1
TOTAL BID PRICE:

UNIT PRICE
(+/-$)
- ,--

EXTENDED
AMOUNT
$ 30_, ooe; .-
$ 81
ocso .-
$ p;,,ooo .-
$ 7, a,:,<;.
--
$ ,,c:100,-
$ \O_, D6'd .-
$ 11,ooc.. -
$ z qg'f I �C, '
-
I
Note: Several items may be adjusted or deleted. Any changes to the quantities for these items shall not classify as a substantial change as stipulated in Greenbook Section 7-3.5.1. Regardless of total actual volume compared to estimated quantities, the unit prices provided above shall be applied to the final quantity when payment is calculated for these items. No adjustment in the unit prices will be allowed. The City reserves the right to not use any of the estimated quantities, and if this right is exercised, the Contractor will not be entitled to any additional compensation. The cost of all labor, materials, export of material shall be included in the above unit costs; no additional compensation will be granted for such expenses.

TOTAL BID PRICE IN DIGITS: $_Z::;;....,t__;t:i....;;.'il_'t�o::....:tic.;.;::..:.• _-_____________ _ TOTAL BID PRICE IN WORDS: 1\-ve- ,.,..:u :0 ,1 n; nt:- h-...-.Jl'e,, cl �Uh�y-"'L.-,'n<'.,, lhc<.A.�� J.l'-.r_.s::

Contractor must complete all Work within one hundred eighty (180) Working Days of the City's Notice to Proceed.

A-5
Agreement No. A-8492
1436
Bidder acknowledges receipt of all addenda
Addendum:
#01
#02
#l>>
Addendum:
#03
#04
#()G
ENTERPRISES,INC.

Signature:---=------------
Print: A.N CASTILLO
Signature: �
Print: JERRY�)
Tille: PRESIDENT
Date: 8 /2--/2.Z.

Title: SECRE�ARY
Date: i/ 'L/ '2----z._
I t
A-6
Agreement No. A-8492
1437
Agreement No. A-8492

REVISED

EXHIBIT INS-F

INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS

1. Contractor shall obtain and maintain during the performance of any services under this Contract the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Contractor, its agents, representatives, employees or subcontractors. a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $5,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project location or shall be twice the occurrence amount;
b. Business Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;” c. If architectural, engineering, or electrical work will be performed under the Contract, Professional Liability/Errors and Omissions Insurance appropriate to the work being done in an amount not less than $1,000,000, with neither Contractor nor listed subcontractors having less than $500,000 individually. The Professional Liability/Errors and Omissions Insurance must be project specific with at least a one year extended reporting period, or longer upon request. If the policy is not project specific, it must have a per claim and aggregate total of no less than $5,000,000 with subcontractors maintaining coverage in an amount not less than $1,000,000. d. Course of Construction Insurance providing coverage for “all risks” of loss in an amount not less than the completed value of the project, with City named as Owner and Insured. e. Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.

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

City of Oxnard
Insurance Compliance
Reference No. PW 21-89
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007

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

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

5. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance or self-insurance coverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with 1438
Agreement No. A-8492
reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

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

7. All insurance standards applicable to Contractor shall also be applicable to Contractor’s subcontractors.

Contractor agrees to maintain appropriate agreements with subcontractors and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager. 1439
Agreement No. A-8492

INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS Certificates of Insurance
The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number.

Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.

Endorsement Forms
Original endorsements are required for general liability and automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that you use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the attached.
1440
Agreement No. A-8492
SAMPLE

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

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

CODE SUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE

INSURED COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANY

LETTER B

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

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

CO
LTR

TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY)
LIMITS

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

GENERAL AGGREGATE $5,000,000 PRODUCTS COMP/OP AGG. $5,000,000 PERSONAL & ADV. INJURY $5,000,000 EACH OCCURRENCE $5,000,000 FIRE DAMAGE (Any one fire) $ MED. EXPENSE (Any one person) $

A AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

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

A EXCESS LIABILITY UMBRELLA FORM

OTHER THAN UMBRELLA FORM
EACH OCCURRENCE $ AGGREGATE $

A WORKERS' COMPENSATION
AND

EMPLOYERS' LIABILITY

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

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

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

CERTIFICATE HOLDER

CITY OF OXNARD
Attn: Insurance Compliance
Reference No. PW 21-89
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007

CANCELLATION

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

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

AUTHORIZED REPRESENTATIVE
1441
Agreement No. A-8492

GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)

SUBMIT IN DUPLICATE
ENDORSEMENT NO. ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to NAMED INSURED coverage. Per Occurrence Per Claim (which) SAMPLE
APPLICABILITY This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:

CITY AGREEMENTS/PERMITS TYPE OF INSURANCE

GENERAL LIABILITY

COMMERCIAL GENERAL LIABILITY

COMPREHENSIVE GENERAL LIABILITY

OWNERS & CONTRACTORS PROTECTIVE
Claims Made
Retroactive Date
Occurrence

OTHER PROVISIONS

COVERAGES
LIABILITY LIMITS IN THOUSANDS $
EACH

OCCURRENCE AGGREGATE

GENERAL

PRODUCTS/COMPLETED OPERATIONS

PERSONAL & ADVERTISING INJURY

FIRE DAMAGE

Underwriter=s representative for claims pursuant to this insurance.

CLAIMS:

Name:

Address:

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

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

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

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

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

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

SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:

Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or If excess, affords coverage which is at least as broad as the primary insurance form CG0001.

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

ENDORSEMENT HOLDER

CITY OF OXNARD
Attn: Insurance Compliance
Reference No. PW 21-89
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007

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

Signature
(original signature required)
Telephone: ( ) Date Signed
1442
Agreement No. A-8492

AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)

SUBMIT IN DUPLICATE
ENDORSEMENT NO. ISSUE DATE
(MM/DD/YY)
PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to NAMED INSURED coverage. Per Occurrence Per Claim (which) SAMPLE
APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE OTHER PROVISIONS

COMMERCIAL AUTO POLICY

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

Name:

Address:

Telephone: ( )
$ per accident, for bodily injury and property damage.

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

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

SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:

Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); or If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).

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

ENDORSEMENT HOLDER

CITY OF OXNARD
Attn: Insurance Compliance
Reference No. PW 21-89
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007

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

Signature
(original signature required)
Telephone: ( ) Date Signed
1443
Agreement No. A-8492
Bond No. __________

PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Oxnard (“Agency”), State of California, has awarded to Toro Enterprises, Inc. 2101 E. Ventura Boulevard, Oxnard, CA 93036 (“Principal”) (Name and address of Contractor)
a contract (the “Contract”) for the Work described as Lift Stations 1, 2, and 30 Improvements Project, Specification No. PW 21-89.

WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of any Work, to file a good and sufficient Payment Bond with the Agency to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, and our heirs, assignees, successors, executors and administrators are held and firmly bound, jointly and severally, unto the Agency and all Contractors, Subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Two Million, Nine Hundred Eighty-Nine Thousand Dollars ($2,989,000), this amount being not less than a hundred percent (100%) of the total Contract Price in lawful money of the United States of America, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Agency in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. 1444
Agreement No. A-8492
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, including all incorporated documents, shall in any manner affect its obligations on this Bond. The Surety hereby waives notice of any such change, extension, alteration, or addition. Additionally, the Surety hereby waives California Civil Code 2845 and 2849 as well as any statutes of limitation, statutes of repose and laches as they may apply to an action on this Bond.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:
“Principal”
By:

Its: ________________________
By:

Its: ________________________
(Seal)
“Surety”
By:

Its: ________________________
By:

Its: ________________________
(Seal)
Notes: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Date of Bond must not be before the Effective Date of the Contract. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California. 1445
Agreement No. A-8492
Bond No. __________

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Oxnard (“Agency”), State of California has awarded to Toro Enterprises, Inc. 2101 E. Ventura Boulevard, Oxnard, CA 93036 (“Principal”) (Name and address of Contractor)
a contract (the “Contract”) for the Work described as Lift Stations 1, 2, and 30 Improvements Project, Specification No. PW 21-89.

WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and
, (Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Agency in the penal sum of Two Million, Nine Hundred EightyNine Thousand Dollars ($2,989,000), this amount being not less than a hundred percent (100%) of the total Contract Price in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, assignees, successors, executors and administrators, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Agency, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void one (1) year from the date of recordation of the Notice of Completion for the Project; otherwise, it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statutes of limitation, statutes of repose and laches as they may apply to an action on this Bond.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, including all incorporated documents, or of the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect the Surety’s obligations under this Bond. The Surety hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. Surety hereby waives California Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto. 1446
Agreement No. A-8492
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:
“Principal”
By:

Its: ________________________
By:

Its: ________________________
(Seal)
“Surety”
By:

Its: _______________________
By:

Its: _______________________
(Seal)
Notes: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Date of Bond must not be before the Effective Date of the Contract. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California. 1447
Department: Date:

Project/Program
Manager: Phone:

Reason for Appropriation:

Accounts and Descriptions AMOUNT
Fund:

Expenditures/Transfers Out
2,686,800
Sub-total Expenditures 2,686,800
Net Change to Fund Balance (2,686,800)
Net Appropriation Change 2,686,800
Approvals
Department Director
Chief Financial Officer
City Manager
611 W/W COLLECTION OPERATING
PROJECT 226601 LIFT STATION IMPROVEMENTS
611-6631-821.82-08 SVCS - CONSTRUCTION

REQUEST FOR BUDGET APPROPRIATION
Public Works/Engineering September 20, 2022
Tatiana Arnaout x8341
Budget appropriation to fund Agreement A-8492 with Toro Enterprises, Inc. for the Lift Stations 1, 2, and 30 Improvements Project, Specification No. PW 21-89. Project No. 226601 Lift Station Improvements.

REQUIRES CITY COUNCIL AUTHORIZATION
BA# (Finance Use Only)______________
BA Doc# (Finance Use Only)___________
Revised : 2/23/2012
DocuSign Envelope ID: 0306438F-9048-418C-A431-D1C30529B6F1 1448
City Council
September 20, 2022
Tatiana Arnaout, PE
City Engineer
Agreement A-8492 with Toro Enterprises, Inc.
for Lift Station Improvements (Stations 1, 2, and
30), Specification No. PW 21-89
1449
RECOMMENDATION 2
That the City Council approve and authorize the following for a total of $3,586,800 in Project funds for the Lift Stations 1, 2, and 30 Improvements Project, Specification No. PW 21-89 (Project No. 226601):

1. The Mayor to execute Agreement A-8492 with Toro Enterprises, Inc. in the amount of $2,989,000 for the Project;

2. A Project contingency amount of $298,900;

3. A Project allocation amount of $298,900 for engineering, inspection, survey and project management; and

4. Authorize the Finance Director or designee to approve a budget appropriation in the amount of $2,686,800 from the available Wastewater Operations Fund Balance for the use of this Project.
1450
BACKGROUND 3
• In May 2021 Public Works Engineering and the
Wastewater Maintenance Division performed a
condition assessment on all of the City owned lift
stations within the sewer collection system
• A scope of work for each lift station was developed
• Operations and Engineering prioritized rehabilitation of each lift station based on:
• Condition of structure
• Condition of mechanical equipment
• Condition of electrical Panels
• Operational constraints
1451
BACKGROUND 4
• The planned work was presented to and approved by
City Council as part of the 2021-22 Capital
Improvement Program
• Engineering engaged an on-call consultant to complete the design and documentation
• Plans and specifications were completed in May 2022
• The project was advertised for construction in June
2022
1452
GOALS AND OBJECTIVES 5
Lift Stations 1 & 2
• Rehabilitation of wet wells
• Replacement and standardization of
• Pumps
• Mechanical equipment
• Electrical equipment
• New hatches improving access and safety
• Installation of flow meters
• Installation of a bypass connections
• Site civil improvements
• New force main to remove gravity interconnection
and addition pumping with Channel Islands Beach
Community Services District (Lift Station 1 only)
1453
GOALS AND OBJECTIVES 6
Lift Stations 30
• New hatches improving access and safety
• Installation of flow meter
• Installation of a bypass connection
➢ Note:Lift Station 30 electrical equipment was replaced in July 2019 following damage from a vehicular collision
1454
DISCUSSION 7
Lift Stations 1, 2, and 30 Improvements Project
• The Project was advertised for construction bids on June 9, 2022, with bids due on August 2, 2022.
• Two bids were received and evaluated.
• The lowest responsive bidder was Toro Enterprises, Inc., at $2,989,000.
1455
FINANCIAL IMPACT 8
AGREEMENT A-8243
Toro Enterprises, Inc. $2,989,000
Project Contingency (10%) $298,900
Project Allocation (10%) $298,900
Total Project Cost: $3,586,800
• The Lift Stations 1, 2, and 30 Improvements Project is being funded by the Wastewater Operating Fund
• Additional appropriations for $2,686,800 from the Wastewater Operating Fund (611) is needed to fund this contract
1456

QUESTIONS
9 1457

Oxnard City CouncilSeptember 20, 2022

Oxnard City Council
September 20, 2022