Public Works & Transportation Committee
September 27, 2022

projected impacts on all aspects of community function that may result from climate change.

This can include impacts related to hazard events (flood, wildfire, drought, and severe storms for example), as well as slow changes that affect agricultural, forestry, and fisheries productivity; ecosystem structure and function; and public health.”
Recognizing that GHG reduction is only part of the solution to addressing climate change, the other component is the “adaptation” needed to ensure preparedness and build resilience to expected vulnerabilities and risks that threaten the quality of life in Oxnard. Like other communities in California, Oxnard is likely to face serious economic, social, and environmental challenges in the coming decades due to rising temperatures, sea level rise, extreme storms, wind events, more severe droughts, and diminishing air quality that is expected to occur because of climate change. These impacts present significant threats to community health and wellbeing, which will not affect everyone equally. Vulnerable groups, such as the elderly, low-income families, farmworkers/agricultural workers, undocumented immigrants, communities of color, and individuals already suffering from chronic diseases, will be disproportionately impacted by these changes.

The CAAP draws upon and supports the community’s goals and policies identified in the City’s 2030 General Plan (adopted in 2011, from background data from 2006). Chapter 2, the Sustainable Community (SC) Element of the General Pan draws from SB32 and SB375 and identifies goals and policies to support these measures:
● SC-1.2 – Support Statewide Global Warming and Climate Change Mitigation: Continue to monitor and support the efforts of the California Air Resources Board and other agencies as they formulate Global Warming and Climate Change adaptation and mitigation strategies and programs.
● SC-1.3 – Develop a Climate Action and Adaptation Plan (CAAP) That Supports the Regional SB 375 Sustainable Communities Strategy: Develop a Climate Action and Adaptation Plan that implements requirements adopted by the California Air Resources Board and/or the Ventura County APCD that establishes a GHG emissions qualitative and quantitative threshold of significance, establishes GHG reduction targets, and supports the regional SB 375 Sustainable Communities Strategy. See - https://www.oxnard.org/wp-content/uploads/2017/06/Oxnard-2030-General-Plan-Amend -06.2017-SM.pdf (page 44 of pdf - Page 2-11 of 2030 General Plan document) The City recognizes the need to reevaluate these policies and will do so as part of the City’s comprehensive General Plan update which will kick off in 2023 (see Next Steps portion of this staff report).
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Structure of the Draft CAAP
The Draft CAAP can be downloaded here: https://www.oxnard.org/climate-action-plan/ Consistent with the City’s sustainability goals and initiatives, the document is being electronically attached to this staff report (Attachment A) and is not being printed and appended to this report.

The Draft CAAP contains an executive summary and five Chapters, as well as Appendices A through G, which provide additional detail on topics covered in the Draft CAAP:
● Executive Summary — The executive summary includes a synopsis of the Draft CAAP, including the plan’s organization and a summary of the City’s GHG emissions inventory and target, and the CAAP’s strategies for reducing emissions and adapting to climate change.
● Chapter 1— Introduction and Background: This Chapter provides an overview of the document, the purpose and scope of the CAAP, the basic science behind climate change, and the importance of considering equity when taking action. In addition, Chapter 1 provides a brief explanation of potential impacts of climate change in the City of Oxnard, the community benefits of taking action, the process for engaging with the community and stakeholders, and a discussion of the state and local actions to reduce GHG emissions.
● Chapter 2— Understanding Oxnard’s Greenhouse Gas Emissions: This Chapter presents a summary of GHG emissions being generated by the community and by municipal operations. It provides an understanding of where GHG emissions are originating from, including trends and forecasts, and what can be done to reduce them. Finally, Chapter 2 establishes Oxnard’s GHG reduction target.
● Chapter 3— Reducing Greenhouse Gas Emissions: This Chapter describes the GHG reduction strategies and actions the City will implement at the local level regarding energy use, transportation and land use, solid waste management, and water consumption.

Chapter 3 addresses each of these sectors, summarizing their contribution to total citywide emissions and describing the strategies and actions that will be implemented to reduce emissions from each category over time.
● Chapter 4— Community Resilience and Adaptation: This Chapter presents an overview of the impacts the City of Oxnard is expected to experience due to projected changes in the climate, and what the City can do to begin preparing for them. It describes expected local impacts and vulnerabilities, and potential adaptation planning strategies. ● Chapter 5— Implementation and Monitoring: This Chapter outlines recommended steps for implementing the GHG-reduction strategies described in Chapters 3 and 4, and for monitoring the progress of implementation. It identifies funding sources and assigns implementation and monitoring responsibility to specific City departments, presenting a schedule for implementation.
● Appendices — The document contains Appendices A - G to document work on the CAAP to support CAAP implementation; including Appendix A— Community and Stakeholder Engagement Reports; Appendix B— Major Climate Policies and 177

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Regulations in California as of 2022: Appendix C— Greenhouse Gas Quantification Methods; Appendix D— City of Oxnard Social Vulnerability Index; Appendix E— Partnering Organizations; Appendix F—Funding Sources; and Appendix G—CAAP Consistency Review Checklist.
4) Environmental Determination: As identified in the March 30, 2021, City Council staff report, the CAAP is being developed to align with California’s statewide target mandated by SB 32, which requires the State of California to reduce GHG emissions 40 percent below 1990 levels by 2030. Cities are expected to do their fair share to reach this target. And, in preparing the scope of work and contract budget for the CAAP, the City structured the document to reduce Oxnard’s GHG emissions to 40 percent below the City’s 1990 levels by 2030. By adopting this target and demonstrating through the CAAP how the City will achieve the target, the City will have a “qualified CAP/CAAP” that is consistent with California Environmental Quality Act (CEQA) Guidelines (Section 15183.5(b)). This is important because when a City has a qualified CAP/CAAP, it can be used to facilitate CEQA clearance of the City’s future development projects with respect to GHG emissions. Developing a qualified CAP/CAAP is proving to be the most effective and legally defensible way to plan for growth that does not create a significant impact with respect to GHG emissions.

5.) Discussion :
a.) General Discussion
The following provides more detailed information related to the key components of the CAAP as a basis for discussion. This includes details related to how the GHG inventory was developed and the main sources of emissions in the City; a summary of the GHG reduction strategies for achieving the City’s GHG reduction goals; a summary of adaptation strategies to prepare and build community resilience; and a summary of the CAAP’s implementation framework.

Importantly, following the summary of strategies is a list of implementing actions most impactful in achieving GHG reduction goals (see Attachment B). The Planning Commission may be particularly interested in these implementing actions. Additionally, this discussion concludes with a summary of the community engagement process, the community input received on the Draft CAAP, and next steps leading up to the adoption of the CAAP by City Council which will occur in early Fall 2022.
b.) GHG Inventory
The starting point for addressing climate change mitigation, which is a key component of the CAAP, is an understanding of the sources of the current GHG inventories in the City. These sources include the GHG emissions that the City has direct control over (Municipal GHG 178

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Inventory) and those that result from community activities (Community GHG Inventory), which are directly and indirectly impacted by local government programs, implementation of State mandates, planning, and development decisions.

Since April of 2020, the City has been working with the City’s CAAP consultant/ESA and the CAAP team to conduct an analysis of the Municipal and Community GHG Inventories.

These Municipal and Community GHG inventories have been developed using well-recognized protocols published by International Council for Local Environmental Initiatives (ICLEI) and adhere to national standards. The Community inventory utilizes the methodology prescribed by the “U.S. Community Protocol for Accounting and Reporting of Greenhouse Gas Emissions”, whereas the Municipal inventory, which comprises a subset of community emissions, utilizes ICLEI’s “Local Government Operations Protocol”. Consistent with national and international agreements, California uses 1990 as the baseline year for tracking and reducing GHG emissions.

However, most local jurisdictions select an appropriate baseline year determined by the availability of data. Accordingly, the City has chosen 2010 as its baseline year, consistent with available records and the City Council approved Energy Action Plan (April 2013 - https://www.oxnard.org/city-department/community-development/planning/energy-action/), which also used 2010 as the City’s baseline.

Following an extensive inventory procurement and analysis process, which included creating a GHG-emission inventory of sources specific to Oxnard, various key sectors (categories of emissions that are defined by the end use that causes them) were identified as the major contributors of GHG in the City. Those sectors, along with the percentage of total GHG contributions in 2018 (most recent inventory) are noted below. These sectors are the areas which directly result in GHG in the City of Oxnard and their percentage contribution to overall City GHG are as follows:
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The sectors contributing the most emissions (on-road transportation, electricity, natural gas, and solid waste), represent more than 90 percent of the City’s total (Community and Municipal) emissions.
c.) GHG Reduction Strategies
In developing the CAAP for a achieving a target in alignment with SB 32, the consultant evaluated and incorporated the following sector-specific strategies:
a. Green the electricity supply : This strategy reduces emissions from electricity used by buildings, lighting, and water delivery by increasing the percentage of power being supplied by renewable (i.e., zero-emissions) electricity. b. Electrify buildings : This strategy reduces emissions from the consumption of natural gas, by shifting the energy use to electricity, which has a lower carbon footprint, particularly when paired with the use of low- or zero-carbon electricity. 180

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c. Electrify transportation : This strategy reduces emissions from on-road vehicles, the biggest contributor to the City’s emissions, by supporting the transition to plug-in electric (PEV) and hydrogen-powered vehicles.
d. Improve energy efficiency of buildings : This strategy reduces emissions from electricity and natural gas by reducing the energy needed for heating, cooling and lighting. While new buildings will generally be highly energy efficient due to increasingly stringent building codes (e.g., Title 24), many existing buildings can be greatly improved with respect to energy efficiency.
e. Reduce vehicle miles traveled (VMT) : This strategy reduces emissions from on-road vehicles through land-use planning that emphasizes access to transit and reduces the need for vehicular travel through density increases, support for a mix of uses, and safe and convenient pedestrian and bicycle infrastructure.
f. Strive for zero waste : This strategy reduces emissions from landfill decomposition of organic waste by reducing the amount of waste sent to the landfill. g. Conserve water : This strategy reduces emissions associated with the energy needed to treat and deliver water to the City’s end consumers by reducing the amount of water consumed in the City.

It is important to acknowledge that the City has been active in developing programs and initiatives that fall under the strategies listed above:
● Green the electricity supply : In 2018, the City joined the Clean Power Alliance (CPA), making 100 percent renewable electricity available to all land uses and streamlined the permitting process for installing residential rooftop solar systems. ● Improve energy efficiency of buildings : In 2013, the City adopted an Energy Action Plan (EAP) that includes policies to increase building energy efficiency and to support local solar Photovoltaic (PV) installations as well as electric vehicle infrastructure. ● Reduce VMT : The City is developing a Sustainable Transportation Plan (due to be completed in 2022) which will look at measures to promote walking and reduce driving, improve alternative modes of transportation, and evaluate the roadway network, to name a few elements of the Plan.
● Strive for zero waste : The City is also developing a Resource Management Plan to increase recycling, and is planning a new facility to sustainably process organic waste.

The CAAP incorporates these initiatives, and accounts for the many economy-wide GHG reduction programs and policies being administered by the State with regards to energy, 181

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transportation and solid waste. Still, as the Draft CAAP demonstrates, the City must take additional local action to reduce community GHG emissions enough to be consistent with the State’s 2030 GHG reduction target.

Implementing these initiatives will still be insufficient for the City to achieve its 2030 CAAP target, as will relying on the many economy-wide GHG reduction programs and policies being administered by the State with regards to energy and transportation also be insufficient. The City must take additional local action to reduce Community GHG emissions further to be consistent with the State’s 2030 GHG reduction target.
d.) Resilience and Adaptation
R ecognizing that addressing GHG-reduction is only half of the solution to addressing climate change, the other component is the “adaptation” needed to ensure preparedness and build resilience to expected vulnerabilities and risks that threaten the City. Certain communities in Oxnard, including in the eastern, southern, and central areas, have a higher concentration of populations considered more vulnerable to the impacts of climate change. This is due to multiple social, economic, and demographic indicators of vulnerability such as existing health burdens, poverty, and working conditions. Similarly, certain critical facilities and infrastructure are also at greater risk from climate hazards especially if they are not built to withstand future climate events.

The CAAP will address the future challenges the City will have in addressing climate change and will recommend adaptation measures to ensure the City is ready and able in the future to handle flooding, extreme heat days, degraded air quality, and severe storms as summarized below:
a. Extreme Heat : Strategies to adapt to extreme heat include improving community accessibility to cooling facilities and amenities, providing cooling for households and public facilities, improving community infrastructure to combat heat, and providing support for vulnerable populations to stay safe from extreme heat hazards. b. Extreme Drought : Strategies to adapt to extreme drought include expanding education and awareness of water conservation and water reuse practices, increasing the city’s use of reclaimed water across various facilities and services, and collaborating with local organizations to build capacity for vulnerable groups to respond to drought conditions. c. Smoke and Air Pollution : Strategies to improve local air quality include reducing mobile pollution sources, increasing access to air filtration, improving indoor air quality, and making hazard alert systems and worker protections more effective for those who are most vulnerable to poor air quality.
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d. Sea Level Rise (SLR) : Strategies to adapt to SLR are addressed in the City’s Local Coastal Plan, and include strategies that decrease hazard risk, relocate or remove development out of hazard areas, and rely on a combination of natural and manmade infrastructure to protect coastal development.
e. Extreme Storms and Stormwater Flooding : Strategies to adapt to extreme storm events include prioritizing low-impact development, improving critical infrastructure, monitoring flood impacts, coordinating evacuation procedures, implementing green infrastructure, and remedying areas with stagnant water.

As part of the City’s General Plan update, the City will also simultaneously update the City’s Local Coastal Plan (LCP). Following the LCP update the City’s Local Coastal Implementing Plan (LIP, Chapter 17 of the Oxnard City Code) will be updated. In preparation for work to update the City’s LCP, the City prepared an Adaptation Report for consideration in developing the City’s SLR Adaptation Strategy for application in the LCP. This report will assist in developing the approach and process for coastal permitting, SLR adaptation planning, and related regulatory processes. See -
https://www.oxnard.org/wp-content/uploads/2021/04/Sea-Level-Rise-Adaptation-Strategy-Repor t-Summary.pdf . This report and recommended strategies was utilized as part of the Draft CAAP document. The LCP update will utilize this information and may consider options to these SLR protocols. The City will be initiating the LCP update with the City’s 2050 General Plan update, which is anticipated to kick off in 2023 and is anticipated to take three (3) to four (4) years to complete. The CAAP should be updated every five (5) years; with LCP related work, adaptation strategies will be reviewed, and evaluated as part of the City’s SLR policy approach. e.) Implementation and Monitoring - This Chapter outlines recommended steps for implementing the GHG-reduction strategies described in Chapters 3 and 4, and for monitoring the progress of implementation as well as resilience and adaptation strategies. It identifies funding sources and identifies implementation and monitoring responsibility to specific City departments, and presents a schedule for implementation.

For GHG Reduction Actions: The Draft CAAP document identifies near term (Fiscal Years (FY) 2022-2025), mid term (FY 2025 to 2027), and long term (FY 2027-2030) implementation measures in order to realize GHG reduction goals. The long term actions are important for staying on track to achieve the deeper reductions needed throughout the State to reach carbon neutrality by 2045 (as called for in Governor’s Executive Order B-55-18).

The City’s Capital Improvement Program (CIP: FY 2022-2027) was adopted earlier this year, and represents a multi-year CIP. Projects from the CIP are presented to the City Council for funding approval in two-year increments; earlier this year the City Council approved projects for FY 2022-2024. Projects from the CIP will be presented to the City Council for funding in 2024 for FY 2024-2026. Since near term CIP projects have already been approved through 2024, the 183

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soonest near term efforts that could occur would begin in FY 2024-2025. The Draft CAAP identifies a number of near term efforts and based upon the two-year CIP approval time frames, the City would have limited time to execute these projects due to the City’s two-year CIP project adoption time frames. City Council prioritization will need to occur as part of the City’s yearly budgeting and CIP approval process.

For Resilience and Adaptation Strategies: Due to the inherent uncertainty of how future climate hazards will develop and the range of time frames in which the community will experience impacts, the time frames indicated for resilience and adaptation strategies differ from those used for the GHG Reduction Actions and are not proposed to change between the Draft CAAP and Final CAAP.

Staff in collaboration with the Public Works Department is recommending that the Draft CAAP timeframe change. Shifting near and mid-term efforts will not impact the City’s ability to achieve GHG reductions within prescribed time frames.

These recommended changes to the Draft CAAP time frames are as follows:

For GHG Reduction Actions
Draft CAAP Chapter 5 Time frames Staff Recommended Final CAAP Chapter 5 Time frames
Near Term 2022–2025 Now 2022-2026
Mid Term 2025–2027 Now 2026-2030
Long Term 2027– 2030*
* Currently there are no strategies identified for the Long-Term measures; however, that could change with future updates to the CAAP
Now 2030-2035
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f.) Policy Considerations Regarding GHG Reduction Strategies A few of the strategies and actions in Chapter 5 are considered policy level items which have been highlighted in Attachment B. These policy items pertain to procuring clean energy, green building infrastructure, waste reduction and recycling, transportation, land use, and water conservation. These particular strategies and actions may have significant cost to the City, are essential to achieving GHG reduction goals, and will impact City budgets and operations. City Council will be alerted to these items when considering the Final CAAP in early Fall 2022. g.) Community Engagement
In early 2021 staff assembled a Stakeholder Group to help guide in the development and visioning of the CAAP document. The roughly 125 member stakeholder group was focused on the following topic/issue areas: Environmental, Businesses, Utilities & Franchisees/Agency Representatives, Community Organizations, Education and Health Care, and City Staff. Over the past two years, this group has been consulted and engaged to secure feedback and input. Due to the pandemic outreach measures, approaches, and protocols had to be adjusted. The following summarizes meeting dates and outcomes, which is also summarized in Appendix A of the CAAP document:
● March 30, 2021 - City Council update regarding preparation of the CAAP document, including a detailed summary of what created climate impacts in the City, and an analysis of the City's compliance with emission targets, and identification of what the City can do to reduce these climate change activities. The staff report established that the CAAP was being developed to align with California’s statewide target mandate by SB32; this requires the State to reduce GHG emissions 40 percent below 1990 levels by 2030. As supported by the City Council, the City’s CAAP programs and policies were crafted to meet that reduction criteria.
● May 1 - 31, 2021 - Release of CAAP public survey (available in both English and Spanish) regarding key CAAP questions. The City received 133 survey responses. ● May 3rd and 10th, 2021 - Round 1 Virtual Stakeholder meetings with participants to discuss global climate change concerns, including vulnerable communities, and actions to consider for reducing GHGs in Oxnard. Six stakeholder group meetings were held during this time frame.
● May 17 and 22, 2021 - Virtual Public Workshops (conducted in both English and Spanish, including translation of PowerPoints) were conducted asking a series of questions regarding the CAAP. Approximately 60 members of the public participated during these two public workshops. The purpose of these engagement efforts was to identify the climate change impacts of most concern to the community and to gather ideas about the best ways to reduce GHGs in the community. These engagement efforts helped identify climate impacts of concern in the Community Vulnerability Assessment, and to identify effective CAAP strategies and actions for improving community resilience and 185

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reducing greenhouse gas emissions.
● January 25, 2022 - Community Services, Public Safety, Housing & Development Committee (“Committee”) report on the City’s CAAP including identification of a reduction percentage in compliance with State law. The report summarizes GHG reduction strategies, and provides the Committee with an update on stakeholder and community input.
● January 26th and 27th 2022 - Round 2 Virtual Stakeholder meetings with between 40 and 50 participants to: (1) Gather input on community vulnerabilities to climate change and potential strategies to address vulnerably; and (2) improve the understanding of community experience with climate change hazards and social vulnerability and equity.

Five stakeholder group meetings were held during this time. ● April 26, 2022 - The Draft CAAP was posted on the City’s CAAP website, with distribution to the City’s CAAP Stakeholder Group. Comments on the Draft CAAP were requested by June 1, 2022. As of this staff report preparation (June 1st) the City has received nine (9) comment letters (see Attachment C, which includes the comment letters and the City’s response to these comments).
● May 5, 2022 - The City conducted a Virtual Public Workshop where the Draft CAAP was reviewed. Members of the City’s CAAP Stakeholder group provided verbal comments on the document along with written comments. The City has prepared a response to comments document on the Draft CAAP which are contained in Attachment D. ● May 9, 2022 - The City conducted virtual drop in office hours from 4 - 6 p.m. (English and Spanish translation available), where community members were encouraged to “drop by” at any time to receive information and ask questions; no members of the public “dropped by” despite social media promotion measures and working with the City’s stakeholders group to promote the virtual hours.
● May 14, 2022 - Community members participated in the City’s virtual community workshop where the Draft CAAP was presented and participants were able to provide input. English and Spanish translation and interpretation were provided, along with a translated powerpoint. The event was posted on the City’s CAAP website, promoted via the City’s stakeholder group, and promoted on social media platforms. Approximately five (5) members of the public participated. A summary of the input is contained at the end of Attachments B and D.
h.) Community Input on Draft CAAP:

During the 43-day review period, the City received nine (9) comment letters (see Attachment C). Staff has summarized the comments, and provided detailed responses to these comments.

Further, Attachment D provides input on how the comments were addressed and identifies where the comment resulted in changes to the CAAP document. In many instances input resulted in additional language refinement, and clarification.

In reviewing comments, the comments generally pertain to the following topic areas; staff’s response to the themes follows in italics:
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● The City should exceed the California Building Energy Efficiency Standards Mandate for Full Electrification Sooner than State Requirements - A number of commenters expressed support for electrification in new construction earlier than mandated by California code requirements. The City's current strategy regarding building electrification is to enforce the requirements of California's building energy efficiency standards (Title 24, Part 6), which are updated every 3 years and will require new home construction to be 'electric ready' effective January 1, 2023. Future updates are expected to have even more prescriptive building electrification requirements. While the City recognizes that building electrification is beneficial from a GHG reduction perspective, it also sees the need to retain natural gas as a reliable energy source for times when the electricity grid is disrupted, at least for the foreseeable future until adequate local energy storage capacity is developed. Meanwhile, the Draft CAAP demonstrates that the City can achieve its 2030 GHG target without instituting an electrification reach code . Additionally, the City of Oxnard’s population is considered an at risk population, where power redundancy and energy security is needed for the City’s population. Redundancy is necessary in the event of an emergency, power shut offs, and/or brownouts, and to ensure that the City’s population is not put at risk. Insufficient or non-exist ent energy sources results in facilitates being inhabitable which puts the City’s population at risk and strains emergency response resources. The City supports climate change resiliency by having redundant energy sources and the City supports clean energy efforts. The City’s population and community would be served by securing infrastructure redundancy grants which would be implemented with electrification conversion; thus, still ensuring clean energy while providing redundancy.
● Details on the Cost and Precise Timing Associated with Programs and Measures should be provided - The City should know the fiscal ramifications associated with various strategies and actions. A detailed fiscal impact analysis is an expensive undertaking. Further, conducting this analysis prior to Council’s consideration of the various strategies and actions is not prudent. A fiscal impact analysis is impacted by market conditions and economics.

Therefore, it is recommended that it occur on near term projects to ensure estimates are r ealistic and align with the City’s two-year CIP process. ● The City should set more ambitious GHG emission targets and stronger greenhouse gas reduction goals such as 50-60% reduction by 2030 and carbon neutrality by 2035. While state measures are critical to meet the City of Oxnard’s (City’s) emission reduction goals, they are not likely to be all that is needed. Local policies and programs —and choices made by the City’s residents and businesses—will determine the City’s ability to achieve its emissions-reduction target for 2030. Through implementation of the strategies and actions in the CAAP, the City anticipates, at minimum, annual emissions reductions of 210,959 MTCO2e by the year 2030, as shown in Table 3-1. Combined with state measures, local actions will enable the City to reduce its total community GHG emissions to approximately 499,311 MTCO2e in the year 2030, as indicated in Table 3-2. This is just enough to achieve the City's stated target. Figure 2-4 in the Draft CAAP also indicates that the reductions expected from state standards and regulations are not enough to achieve the target, and additional local actions are needed. As indicated by the adjusted Business as Usual (BAU) forecast, the sectors with the greatest need for additional emissions reduction are on-road transportation, natural gas, electricity, and solid waste.
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● The CAA P should contain more information regarding measures to improve pedestrian, bikes, transportation, and micro-mobility solutions. The pedestrian, bicycle, and transportation network should be improved and options for getting folks out of cars should be more robustly considered and evaluated. The Draft CAAP referenced a number of programs, grants, and projects the City is working on. The City’s Sustainable Transportation Planning (STP) Grant will produce a plan incorporating complete streets design, safe routes to school, vision zero, and first/last mile planning in tandem with land use opportunities, plans, and existing conditions. This project is collaborative in nature, focusing on inclusive community engagement to ensure that the needs of each community, age group and socioeconomic status are represented. Development of the STP will include idea generation and prioritization, establishment of the sustainable transportation framework, catalog of enhanced streetscape elements, conceptual design alternatives, identification of funding sources, implementation steps, and a final STP for adoption by the City Council. The City’s Bicycle Facilities Master Plan along with the Santa Clara River Master Plan is referenced through strategies and actions to improve alternative forms of transportation. The City also recognizes that through the 2050 General Plan update which will kick off in 2023, land use patterns and alternatives will be robustly evaluated.
● Policy Level Comments from the Public - The public provided input on the Draft CAAP and raised policy level questions. Generally these pertained to energy usage/general, transportation, coordination/programming, heat use, energy/electrification, building/energy, resilience/SLR, and CAAP implementation. These are also summarized in Attachment B, “Public Comment”, with responses detailed in the CAAP stakeholder community response to comment document, Attachment D. These will be highlighted when the Final CAAP is presented to the City Council in Fall 2022. meeting, along with the overall policy level items.
i.) Next Steps:

The purpose of the July 7th Planning Commission meeting is to conduct a study session on the Draft CAAP. As identified in Attachment D, Staff is aware of edits necessary and recommended to the CAAP document. On July 21st the Planning Commission will be asked to adopt a resolution recommending City Council approval of the Final CAAP. Due to publication deadlines and to conserve fiscal resources, the Final CAAP will consist of the Draft CAAP and Addendum No. 1 to the Draft CAAP which will comprise Attachment D and any other recommended CAAP edits. The Final CAAP will include a preamble from the Mayor, and cover page with City renewable resources.

These documents will be transmitted to the City Council for approval, along with the Planning Commission resolution of approval in early Fall 2022.

Attachments:

A. Draft CAAP Document - see link: https://www.oxnard.org/climate-action-plan/ B. Strategies/Policy Document
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C. Comment Letters on Draft CAAP as of June 1, 2022
D. CAAP Stakeholder and Community Comment Letters (9 letters/emails) and City Response within matrix
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Draft CAAP Document - see link: https://www.oxnard.org/climate-action-plan/ Removed to avoid duplication
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Attachment B
Strategies/Policy Document
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Attachment C
Comment Letters on Draft CAAP as of June 1, 2022
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CAAP Stakeholder and Community Comment Letters (9 letters/emails) and City Response within matrix
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Attachment 6
Community Outreach Summary
● May 1st to 31st, 2021 - Release of CAAP public survey (available in both English and Spanish) regarding key CAAP questions. The City received 133 survey responses. ● May 3rd to 10th, 2021 - Round 1 Virtual Stakeholder meetings with participants to discuss global climate change concerns, including vulnerable communities, and actions to consider for reducing GHGs in Oxnard. Six stakeholder group meetings were held during this time frame.
● May 17 and 22, 2021 - Virtual Public Workshops (conducted in both English and Spanish, including translation of PowerPoints) were conducted asking a series of questions regarding the CAAP. Approximately 60 members of the public participated during these two public workshops. The purpose of these engagement efforts was to identify the climate change impacts of most concern to the community and to gather ideas about the best ways to reduce GHGs in the community. These engagement efforts helped identify climate impacts of concern in the Community Vulnerability Assessment, and to identify effective CAAP strategies and actions for improving community resilience and reducing GHG emissions. ● January 26th to 27th, 2022 - Round 2 Virtual Stakeholder meetings with between 40 and 50 participants to: (1) Gather input on community vulnerabilities to climate change and potential strategies to address vulnerably; and (2) improve the understanding of community experience with climate change hazards and social vulnerability and equity. Five stakeholder group meetings were held during this time.
● April 26, 2022 - The Draft CAAP was posted on the City’s CAAP website, with distribution to the City’s CAAP Stakeholder Group. The CAAP was made available to the public for initial review and comment between April 26, 2022 and June 1, 2022. During the 43-day review period, the City received nine (9) comment letters. The comments generally pertained to energy usage/general, transportation, coordination/programming, heat use, energy/electrification, building/energy, resilience/SLR, and CAAP implementation. (see Attachments C and D to the July 7, 2022 Planning Commission staff report in Attachment 5, which include the CAAP stakeholder and community comment letters and the City’s response to these comments)
● May 5, 2022 - The City conducted a Virtual Stakeholder Group Meeting Public Workshop where the Draft CAAP was reviewed. Members of the City’s CAAP Stakeholder group provided verbal comments on the document along with written comments. ● May 9, 2022 - The City conducted virtual drop in office hours from 4 - 6 p.m. (English and Spanish translation available), where community members were encouraged to “drop by” at any time to receive information and ask questions; no members of the public “dropped by” 225
Attachment 6
despite social media promotion measures and working with the City’s stakeholders group to promote the virtual hours.
● May 14, 2022 - Community members participated in a Virtual Public Workshop where the Draft CAAP was presented and participants were able to provide input. English and Spanish translation and interpretation were provided, along with a translated powerpoint. The event was posted on the City’s CAAP website, promoted via the City’s stakeholder group, and promoted on social media platforms. Approximately five (5) members of the public participated. The City included comments from the May 2022 workshops in the response to comments matrix which is contained in Attachment D in the July 7, 2022 Planning Commission staff report in Attachment 5.
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PUBLIC WORKS AND TRANSPORTATION COMMITTEE

AGENDA REPORT

REPORTS
AGENDA ITEM NO. D.5

DATE: September 27, 2022

TO: Public Works and Transportation Committee

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]

SUBJECT: Memorandum of Understanding and Caltrans Cooperative Agreements for the Village Specific Plan (Wagon Wheel) Berm/Flood Protection and U.S.101 Ventura Road Off-Ramp Projects. (0/5/5)

RECOMMENDATION

That the Public Works and Transportation Committee recommend that the City Council approve and authorize the following:

1. The Mayor to execute a Memorandum of Understanding with Oxnard CRFL Partners, LLC, for Caltrans Right of Way Improvements (Agreement No. A-8497);

2. The Mayor to execute Caltrans Cooperative Agreement 07-5237 for Berm Construction (Agreement No. A- 8348); and

3. Adopt a Resolution Authorizing the Mayor to Execute forthcoming Caltrans Cooperative Agreement 07- 5238 for U.S. 101 Exit 63A Off-Ramp Construction (Agreement No. A-8349).

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/h52P27EjBaQ

BACKGROUND

Oxnard CRFL Partners, LLC, (Developer) is the owner of and is developing real property in the City known as The Village Specific Plan (Wagon Wheel), located near the northwestern edge of the City. The development is bounded by Highway 101 to the north; Oxnard Boulevard to the east; the Union Pacific railroad and El Rio drain to the south; and North Ventura Road to the west.

The City and Developer entered into Development Agreement No. A-7122, dated January 27, 2009, First Amendment to Development Agreement, dated July 28, 2015, and Second Amendment to Development Agreement, dated December 1, 2020 and recorded on March 30, 2021.

The City approved Planning and Zoning Permit 19-300-01, pursuant to Resolution No. 15,396, subject to conditions of approval. Condition 117 provides that the Developer shall construct flood protection improvements along the Project’s Ventura Road frontage to provide protection from flooding by the Santa Clara River. Condition 193 provides that Developer shall design and re-construct the Highway 101 off-ramp for a right turn only movement in compliance with Caltrans’ approval concurrent with design and construction of Wagon Wheel Road from Cactus Drive to Ventura Road (i.e., Exit 63A Ventura Road).

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Both the berm/flood protection and the off-ramp improvements are located in the State right of way.

DISCUSSION

Early in the Developer’s process to perform work in the State right of way, the City provided assistance to secure State encroachment permits. However, Caltrans deemed the work as “complex” when the design evolved to include future right of way relinquishment to the City. As a result, Caltrans requires a Cooperative Agreement for each improvement. Since Caltrans does not execute Cooperative Agreements with private developers, the City is identified as the implementing agency, however the City is not responsible for funding these improvements, they are conditioned to the Developer.

Three-party Cooperative Agreements were considered, however Caltrans does not allow that mechanism.

Therefore, in order to clarify the Developers role, which is silent in the Cooperative Agreements, the City prepared the Memorandum of Understanding (MOU), A-8497.

In addition to recitals and indemnification clauses, MOU A-8497 covers City responsibilities, some of which include being the signatory for the: freeway maintenance agreement (completed April 6, 2022), right of way certification, utility policy certification, and encroachment permits. The MOU also indicates the City will obtain Caltrans’ relinquishment of right of way. Staff will return to Council to obtain approval for the relinquishment, which is anticipated to be located south of the U.S. 101 freeway and beyond the relocated off- ramp termination (exhibit attached).

MOU A-8497 further covers the Developer’s responsibilities, some of which include: hazardous material initial site investigation and decision documents; right of way engineering, identification of utility relocation, abandonment, protect-in-place measures, requests for information, reports of investigation, notices to utility owners and utility agreements; drafting encroachment permit applications; compliance with applicable environmental requirements; preparation of the Construction Plans, Specifications & Estimates including coordination with Caltrans’ design oversight unit to obtain Caltrans’ concurrence with plans; perform bidding, advertising, construction, construction management, and deliverance to the City of final drawings and as-built plans.

The Developer shall refer to the Caltrans Cooperative Agreements and Caltrans policies and guidance when designing and constructing work on the State Highway System. Both Cooperative agreements are nearly identical, except for the description of the scope.

Cooperative Agreement 07-5237/A-8348 covers the berm/flood wall construction, which begins approximately 60’ beyond the Ventura Road off-ramp in the landscaped right shoulder of U.S. 101 and extends beyond Wagon Wheel Road into the development. Work includes planted vegetation; installation of fencing, landscaping, and irrigation; and abandonment of existing utilities. This agreement has been approved by Caltrans Headquarters and is attached for signature.

Cooperative Agreement 07-5238/A-8349 covers the Ventura Road Exit 63A off-ramp, which currently includes two traffic signals. Work is expected to include modification of the off-ramp geometry, removal of the first signal, replaced with stop-controlled signage, conversion of existing two-way traffic from the off-ramp to Ventura Road to one-way, and traffic signal and intersection improvements at Ventura Road.

This agreement is pending approval by Caltrans Headquarters. It is anticipated to be the same template as the berm/flood wall agreement, with only the scope changing from berm to off-ramp work. Adopting the Resolution to execute the agreement when it is approved by Caltrans, rather than staff returning to Council, will eliminate delay to obtaining the Caltrans encroachment permit, which is a requirement before construction begins. The Developer’s schedule is to begin the berm construction as soon as possible as it is connected to the larger flood control project and civil and building permits for lots 2, 3, and 6. 228

Upon receipt of the final agreement, the City Attorney will review and if any material or significant changes are identified, staff will return to Council for review and approval. If there are no revisions or they are deemed immaterial by the City Attorney, staff is requesting adoption of the Resolution for the Mayor to execute the finalized agreement. The draft is attached.

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

There are no direct fiscal impacts with the recommended actions.

Prepared by: Debbie O'Leary, Transportation Planner, Tatiana Arnaout, City Engineer

ATTACHMENTS

1. Memorandum of Understanding (A-8497)

2. Caltrans Cooperative Agreement 07-5237 (A-8348)

3. Draft Caltrans Cooperative Agreement 07-5238 (A-8349)

4. Right of Way Exhibit

5. Resolution

6. Presentation
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MEMORANDUM OF UNDERSTANDING
______________________

CALTRANS RIGHT-OF-WAY IMPROVEMENTS
_______________________
This Memorandum of Understanding (“MOU”) is entered into effective October 18, 2022, by and between the City of Oxnard, a municipal corporation of the State of California (“City”), and Oxnard CRFL Partners, LLC, a Delaware limited liability company (“Developer”). The City and Developer (individually, “Party,” and collectively, “Parties”) agree that the following Recitals are a substantive part of the MOU, and further agree to the terms and conditions set forth herein:

RECITALS
A. Developer is the owner of and is developing real property located in the City known as The Village Specific Plan (Wagon Wheel), located near the northwestern edge of the City, and bounded by Highway 101 to the north; Oxnard Boulevard to the east; the Union Pacific railroad and El Rio drain to the south; and North Ventura Road to the west (“Project”).

B. The City and Developer entered into a Development Agreement No. A-7122, dated January 27, 2009 and recorded on March 10, 2009 (“DA”), in order to achieve the mutually beneficial development of the Project. The DA was subsequently amended by that certain First Amendment to Development Agreement, dated July 28, 2015 and recorded on August 1, 2015.

The DA was amended further by that certain Second Amendment to Development Agreement, dated December 1, 2020 and recorded on March 30, 2021.

C. Pursuant to Resolution No. 15,396, the City approved the Planning and Zoning Permit 19-300-01 (Revision to TTM No. 5745), subject to conditions of approval contained therein. Condition 117 provides that Developer shall construct flood protection improvements along the Project’s Ventura Road frontage to provide protection from flooding by the Santa Clara River. Condition 193 provides that Developer shall design and re-construct the Highway 101 off- ramp for a right turn only movement in compliance with Caltrans’ approval concurrent with design and construction of Wagon Wheel Road from Cactus Drive to Ventura Road (i.e., Exit 63A Ventura Road).

D. The flood protection improvements and the off-ramp improvements located in the Caltrans’ right-of-way along Highway 101 require two separate encroachment permits issued by Caltrans. In 2018, the City agreed to serve as the permit applicant, for both permits, during the Caltrans encroachment permit process.

E. At Caltrans’ request, the City intends to enter into two Cooperative Agreements with Caltrans for improvements to the State highway system. Agreement 07-5237/A-8348 covers berm/flood wall construction over Caltrans Old Wagon Wheel Road and planted vegetation; installation of fencing, landscaping, and irrigation; and abandonment of existing utilities.

Agreement 07-5238/A-8349 covers off-ramp and traffic signal modification at the Old Wagon Wheel Road and Ventura Road. The Cooperative Agreements identify the City as the project 230
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sponsor and implementing agency. However, the City is not responsible for funding these improvements and Developer shall refer to the Caltrans Cooperative Agreements and Caltrans policies and guidance when designing and constructing work on the State Highway System.

F. The Parties intend this MOU to clarify the City’s role in implementing the improvements within Caltrans’ right-of-way.

NOW THEREFORE, in consideration of the mutual promises set forth in this MOU, the Parties agree as follows:

ROLES AND RESPONSIBILITIES

1.City Responsibilities.

A. The City will, and has, entered into a freeway maintenance agreement with Caltrans, which will provide maintenance of such improvements permanently or until such time as Caltrans assumes full maintenance responsibilities.

B. The City will enter into Caltrans Cooperative Agreement – Berm/Floodwall 07-5237/A-8348.

C. The City will enter into Caltrans Cooperative Agreement – Offramp at Exit 63A 07-5238/A-8349.

D. The City will be the signatory for the Final Right of Way Certification and the Utility Policy Certification.

E. The City will provide authorization for Developer to submit Caltrans encroachment permit(s). The City will serve as the permit applicant on such permit(s).

F. The City will provide comments on 65%, 95%, and 100% Plans, Specifications & Estimates (PS&E).

G. The City will obtain Caltrans’ relinquishment of right-of-way to City.

2.Developer Responsibilities.

A. The Developer shall provide the Hazardous Material Initial Site Investigation and the Hazardous Material Decision Documents.

B. With respect to right-of-way engineering, the Developer shall identify utility relocation, abandonment, and protect-in-place measures, and prepare, as applicable, Requests for Information (RFI), Reports of Investigation (ROI), Notices to Owner (NTO), and Utility Agreements.

C. The Developer shall prepare and submit to Caltrans the encroachment permit applications and attachments. The City will serve as the permit applicant on such permit(s).
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D. The Developer shall comply with applicable CEQA/NEPA environmental requirements.

E. The Developer shall coordinate with Caltrans’ design oversight unit (via QMA process), conduct Project development team meetings, and obtain Caltrans’ concurrence with plans.

F. The Developer shall prepare the Construction Plans, Specifications & Estimates (PS&E).

G. The Developer shall perform the bidding, advertising, construction, and construction management.

H. The Developer shall provide the City with the final drawings and as-built plans.

F. The Developer shall be responsible for funding the improvements, including but not limited to design and construction work on the State Highway System associated with the site.

GENERAL PROVISIONS

3.Further Assurances. The Parties shall execute all documents and instruments, and take all actions reasonably necessary or appropriate to carry out the purpose and intent of this MOU.

The City and Developer shall each use reasonable efforts to cooperate fully with the other with respect to the matters covered by this MOU.

4.Notice. Any notice, request, demand, or other communication given or required to be given or delivered by this Agreement shall be in writing and shall be deemed given: (a) upon delivery if delivered by e-mail, provided such delivery is evidenced by electronic confirmation of delivery to the noticed party; (b) as of the first business day after delivery to an overnight delivery service; or (c) as of the second business day after mailing by United States mail, postage paid, by certified or registered mail, return receipt requested, correctly addressed to the Parties as follows:

CITY:

City of Oxnard
305 West Third Street, East Wing
Oxnard, CA 93030
Attn: Tatiana Arnaout
Email: [email protected]
DEVELOPER:

Oxnard CRFL Partners, LLC
64 Maxwell
Irvine, CA 92618
Attn: Carl Renezeder
Email:[email protected]
Or, to such other address or person as a Party may designate to the other from time-to-time in the manner set forth herein.
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5.Indemnification.

5.1. Neither City nor any officer or employee thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by Developer under or in connection with any work or authority delegated to Developer under this MOU. Developer shall fully defend, indemnify, and hold harmless City, its officers and employees, from all claims, suits or actions of every name, kind and description brought for or on account of injury occurring by reason of anything done or omitted to be done by Developer under or in connection with any work or authority delegated to Developer under this MOU.

5.2. Neither Developer nor any officer or employee thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by City under or in connection with any work or authority delegated to City under this MOU. City shall fully defend, indemnify, and hold harmless Developer, its officers and employees, from all claims, suits or actions of every name, kind and description brought for or on account of injury occurring by reason of anything done or omitted to be done by City under or in connection with any work or authority delegated to City under this MOU.

6.No Third Party Rights; Successors and Assigns. Nothing in this MOU shall be construed to give any rights or benefits to anyone other than the City and the Developer. This MOU shall inure to the benefit of, and bind, the Parties and their respective heirs, executors, administrators, successors, and assigns.

7.Entire Agreement. This MOU represents the entire understanding of the Parties as to those matters contained herein, and supersedes any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. This MOU may be modified by the Parties only by written agreement by the Parties.

8.Counterparts. This MOU may be executed in counterparts, a complete set of which shall be deemed to be an original and all of which together shall comprise but a single instrument.

Signatures may be given via e-mail transmission and shall be deemed given as of the date of the transmission of this MOU by e-mail to the other party.

IN WITNESS WHEREOF, the Parties have caused their duly authorized representatives to execute this MOU as of the date set forth above.

CITY OF OXNARD OXNARD CRFL PARTNERS, LLC
By__________________________________
Signature
_____________________________________
Name
_____________________________________
Title
By__________________________________
Signature
__________________________________
Name
__________________________________
Title
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Agreement 07-5237
Project No. 0721000133
EA 37710
07-VEN-101-R23.057
Project Development Agreement 2017-02-17 (Created April 15, 2021)1

COOPERATIVE AGREEMENT COVER SHEET
Work Description

BERM CONSTRUCTION OVER CALTRANS OLD WAGON WHEEL ROAD AND PLANTED VEGETATION; INSTALLATION OF FENCING, LANDSCAPING, AND IRRIGATION; ABANDONMENT/DISPOSAL OF EXISTING UTILITIES; AND PROTECTION OF EXISTING

AT&T LINES
Contact Information

CALTRANS
Dan Tran, Project Manager
100 South Main Street
Los Angeles, CA 90012
Office Phone: (213) 760-6818
Mobile Phone: (213)760-7149
Email: [email protected]

CITY OF OXNARD
Tatiana Arnaout, City Engineer
305 West 3rd Street
Oxnard, CA 93030
Office Phone: (805) 385-8341
Email: [email protected]
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Project No. 0721000133
Project Development Agreement 2017-02-17 (Created April 15, 2021)2 Table of Contents
COOPERATIVE AGREEMENT 1
RECITALS 1
RESPONSIBILITIES 3
Sponsorship 3
Implementing Agency 3
Funding 4
CALTRANS’ Quality Management 4
CEQA Lead Agency 5
Environmental Permits, Approvals and Agreements 5
Project Approval and Environmental Document (PA&ED) 6
California Environmental Quality Act (CEQA) 6
Plans, Specifications, and Estimate (PS&E) 8
RIGHT-OF-WAY 8
CONSTRUCTION 10
Schedule 14
Additional Provisions 14
Standards 14
Qualifications 14
Consultant Selection 15
Encroachment Permits 15
Protected Resources 15
Disclosures 15
Hazardous Materials 16
Claims 17
Interruption of Work 18
Penalties, Judgements and Settlements 18
Project Files 18
GENERAL CONDITIONS 18
Venue 18
Exemptions 19
Indemnification 19
Non-parties 19
Ambiguity and Performance 20
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Dispute Resolution 20
Prevailing Wage 21
SIGNATURES 22
CLOSURE STATEMENT 3
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COOPERATIVE AGREEMENT
This AGREEMENT, executed on and effective from _______________________________, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and:

City of Oxnard, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as CITY.

An individual signatory agency in this AGREEMENT is referred to as a PARTY. Collectively, the signatory agencies in this AGREEMENT are referred to as PARTIES.

RECITALS

1. PARTIES are authorized to enter into a cooperative agreement for improvements to the State Highway System per the California Streets and Highways Code, Sections 114 and 130.

2. For the purpose of this AGREEMENT, constructing earthen berm at Old Wagon Wheel Road and planting vegetation; installation of fencing, landscaping, and irrigation; abandonment/disposal of existing utilities; and protection of existing AT&T lines will be referred to hereinafter as PROJECT. The PROJECT scope of work is defined in the project initiation and approval documents (Design Engineering Evaluation Report).

3. All obligations and responsibilities assigned in this AGREEMENT to complete the following PROJECT COMPONENTS will be referred to hereinafter as WORK:
●PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT (PA&ED)
●PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E)
●RIGHT-OF-WAY
●CONSTRUCTION
Each PROJECT COMPONENT is defined in the CALTRANS Workplan Standards Guide as a distinct group of activities/products in the project planning and development process. 238
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4. The term AGREEMENT, as used herein, includes this document and any attachments, exhibits, and amendments.

This AGREEMENT is separate from and does not modify or replace any other cooperative agreement or memorandum of understanding between the PARTIES regarding the PROJECT.

PARTIES intend this AGREEMENT to be their final expression that supersedes any oral understanding or writings pertaining to the WORK. The requirements of this AGREEMENT will preside over any conflicting requirements in any documents that are made an express part of this AGREEMENT.

If any provisions in this AGREEMENT are found by a court of competent jurisdiction to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other AGREEMENT provisions invalid, inoperative, or unenforceable, and those provisions will be automatically severed from this AGREEMENT.

Except as otherwise provided in the AGREEMENT, PARTIES will execute a written amendment if there are any changes to the terms of this AGREEMENT.

PARTIES agree to sign a CLOSURE STATEMENT to terminate this AGREEMENT. However, all indemnification, document retention, audit, claims, environmental commitment, legal challenge, maintenance and ownership articles will remain in effect until terminated or modified in writing by mutual agreement or expire by the statute of limitations.

5. No PROJECT deliverables have been completed prior to this AGREEMENT.

6. CITY has expressed its interest in acquiring the Wagon Wheel Road and PARTIES will draft and execute a separate Relinquishment Agreement prior completion of PS&E WORK.

7. In this AGREEMENT capitalized words represent defined terms, initialisms, or acronyms.

8. PARTIES hereby set forth the terms, covenants, and conditions of this AGREEMENT. 239
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RESPONSIBILITIES
Sponsorship

9. A SPONSOR is responsible for establishing the scope of the PROJECT and securing the financial resources to fund the WORK. A SPONSOR is responsible for securing additional funds when necessary or implementing PROJECT changes to ensure the WORK can be completed with the funds obligated in this AGREEMENT.

PROJECT changes, as described in the CALTRANS Project Development Procedures Manual, will be approved by CALTRANS as the owner/operator of the State Highway System.

10. CITY is the SPONSOR for the WORK in this AGREEMENT.

Implementing Agency

11. The IMPLEMENTING AGENCY is the PARTY responsible for managing the scope, cost, schedule, and quality of the work activities and products of a PROJECT COMPONENT. ●CITY is the Project Approval and Environmental Document (PA&ED) IMPLEMENTING AGENCY.

PA&ED includes the completion of the Final Environmental Document and the Project Report (documenting the project alternative selection).
●CITY is the Plans, Specifications, and Estimate (PS&E) IMPLEMENTING AGENCY.

PS&E includes the development of the plans, specifications, and estimate; obtaining any resource agency permits; and the advertisement/award of the construction contract. ● CITY is the RIGHT OF WAY IMPLEMENTING AGENCY
RIGHT OF WAY includes coordination with utility owners for the protection, removal, or relocation of utilities; the acquisition of right-of-way interests; and post-construction work such as right-of-way monumentation/recordation, relinquishments/vacations, and excess land transactions. The RIGHT OF WAY component budget identifies the capital costs of right-of- way acquisition (RIGHT-OF-WAY CAPITAL) and the cost of the staff work in support of the acquisition (RIGHT-OF-WAY SUPPORT).
● CITY is the CONSTRUCTION IMPLEMENTING AGENCY.
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Project Development Agreement 2017-02-17/IQA (Created April 15, 2021)4 of 22 CONSTRUCTION includes construction contract administration, surveying/staking, inspection, quality assurance, and assuring regulatory compliance. The CONSTRUCTION component budget identifies the capital costs of the construction contract/furnished materials (CONSTRUCTION CAPITAL) and the cost of the staff work in support of the construction contract administration (CONSTRUCTION SUPPORT).

12. CITY will provide a Quality Management Plan (QMP) for the WORK in every PROJECT COMPONENT that they are the IMPLEMENTING AGENCY of. The QMP describes the IMPLEMENTING AGENCY’s quality policy and how it will be used. The QMP will include a process for resolving disputes between the PARTIES at the team level. The QMP is subject to CALTRANS review and approval.

13. Any PARTY responsible for completing WORK will make its personnel and consultants that prepare WORK available to help resolve WORK-related problems and changes for the entire duration of the PROJECT including PROJECT work that may occur under separate agreements.

Funding

14. The WORK does not use funds administered by CALTRANS. PARTIES will amend this AGREEMENT should this condition change.

15. Each PARTY is responsible for the costs they incur in performing the WORK.

CALTRANS’ Quality Management

16. CALTRANS, as the owner/operator of the State Highway System (SHS), will perform quality management work including Quality Management Assessment (QMA), environmental document quality control, and owner/operator approvals for the portions of WORK within the existing and proposed SHS right-of-way.

17. CALTRANS’ Quality Management Assessment (QMA) efforts are to ensure that CITY's quality assurance results in WORK that is in accordance with the applicable standards and the PROJECT’s quality management plan (QMP). QMA does not include any efforts necessary to develop or deliver WORK or any validation by verifying or rechecking WORK.

When CALTRANS performs QMA, it does so for its own benefit. No one can assign liability to CALTRANS due to its QMA.

18. CALTRANS, as the owner/operator of the State Highway System, will approve WORK products in accordance with CALTRANS policies and guidance and as indicated in this AGREEMENT. 241
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19. Per National Environmental Policy Act (NEPA) assignment and California Environmental Quality Act (CEQA) statutes, CALTRANS will perform environmental document quality control and NEPA assignment review procedures for environmental documentation. CALTRANS quality control and quality assurance procedures for all environmental documents are described in the Standard Environmental Reference, NEPA Assignments memorandums, available at https://dot.ca.gov/programs/environmental-analysis/standard-environmental-reference-ser, https://dot.ca.gov/-/media/dot-media/programs/environmental-analysis/documents/ser/nepa- recordretention-policy-final-ally.pdf. This includes the independent judgement analysis and determination under CEQA that the environmental documentation meets CEQA requirements.

20. CITY will provide WORK-related products and supporting documentation upon CALTRANS’ request for the purpose of CALTRANS’ quality management work.

21. CITY, including any employee, agent, consultant or sub-consultant retained by the CITY, shall implement uniform document control policies necessary to retain all records and electronically stored information associated with the WORK, including but not limited to those records identified in California Public Resources Code, Section 21167.6, and including email and attachments, in a manner consistent with the CALTRANS Uniform Filing System and the “Final Caltrans Environmental Records Retention Policy”, available at https://dot.ca.gov/-/media/dot- media/programs/environmental-analysis/documents/nepa-recordretention-policy-final- a11y.pdf. These records, along with an index of the records, shall be provided to CALTRANS within 60 days of CALTRANS’ written request.

22. The cost of CALTRANS’ quality management work is to be borne by CALTRANS.

CEQA Lead Agency

23. CALTRANS is the CEQA Lead Agency for the PROJECT.

Environmental Permits, Approvals and Agreements

24. CITY will comply with the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements as those commitments and conditions apply to CITY's responsibilities in this AGREEMENT.

25. Unless otherwise assigned in this AGREEMENT, the IMPLEMENTING AGENCY for a PROJECT COMPONENT is responsible for all PROJECT COMPONENT WORK associated with coordinating, obtaining, implementing, renewing, and amending the PROJECT permits, agreements, and approvals whether they are identified in the planned project scope of work or become necessary in the course of completing the PROJECT. 242
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26. It is expected that the PROJECT requires the following environmental permits/approvals:

ENVIRONMENTAL PERMITS/REQUIREMENTS
South Coast Air Quality Management District
Project Approval and Environmental Document (PA&ED)

27. As the PA&ED IMPLEMENTING AGENCY, CITY is responsible for all PA&ED WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.

28. CALTRANS will be responsible for completing the following PA&ED activities:

CALTRANS Work Breakdown Structure Identifier (If Applicable) 100.10.10.xx Quality Management
175.20 Project Preferred Alternative
180.10.05.05.xx CEQA Lead Final Env. Doc QA/QC and Approval 180.15.10 Notice of Exemption (CEQA)

29. Any PARTY preparing environmental documentation, including studies and reports, will ensure that qualified personnel remain available to help resolve environmental issues and perform any necessary work to ensure that the PROJECT remains in environmental compliance.

30. CITY will provide written notice of the initiation of environmental studies to the CEQA Lead Agency prior to completing any other PA&ED phase work.

California Environmental Quality Act (CEQA)

31. Environmental documentation will be prepared in compliance with the California Public Resources Code §§ 21080.3.1(d)(e). CALTRANS will provide, and CITY will use, a letter template and a list of California Native American tribes requesting notification if necessary. CITY will prepare consultation documentation for CALTRANS’ signature and transmittal in compliance with the statutorily required time frames, if necessary.
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32. The CEQA Lead Agency will determine the type of CEQA documentation and will cause that documentation to be prepared in accordance with CEQA requirements.

33. Any PARTY involved in the preparation of CEQA documentation will prepare the documentation to meet CEQA requirements and follow the CEQA Lead Agency’s standards that apply to the CEQA process.

34. Any PARTY preparing any portion of the CEQA documentation, including any studies and reports, will submit that portion of the documentation to the CEQA Lead Agency for review, comment, and approval at appropriate stages of development prior to public availability.

35. CITY will submit CEQA-related public notices to CALTRANS for review, comment, and approval prior to publication and circulation.

36. CITY will submit all CEQA-related public meeting materials to the CEQA Lead Agency for review, comment, and approval at least ten (10) working days prior to the public meeting date.

If the CEQA Lead Agency makes any changes to the materials, then the CEQA Lead Agency will allow CITY to review, comment, and concur on those changes at least three (3) working days prior to the public meeting date.

37. The CEQA Lead Agency has final approval authority over all CEQA documentation.

38. The CEQA Lead Agency will attend all CEQA-related public meetings.

39. If a PARTY who is not the CEQA Lead Agency holds a public meeting about the PROJECT, that PARTY must clearly state its role in the PROJECT and the identity of the CEQA Lead Agency on all meeting publications. All meeting publications must also inform the attendees that public comments collected at the meetings are not part of the CEQA public review process.

That PARTY will submit all meeting advertisements, agendas, exhibits, handouts, and materials to the CEQA Lead Agency for review, comment, and approval at least ten (10) working days prior to publication or use. If that PARTY makes any changes to the materials, it will allow the CEQA Lead Agency to review, comment on, and approve those changes at least three (3) working days prior to the public meeting date.

The CEQA Lead Agency maintains final editorial control with respect to text or graphics that could lead to public confusion over CEQA-related roles and responsibilities. 244
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40. As the PS&E IMPLEMENTING AGENCY, CITY is responsible for all PS&E WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.

41. CALTRANS will be responsible for completing the following PS&E activities:

CALTRANS Work Breakdown Structure Identifier (If Applicable) 100.15.10.xx Quality Management

42. CITY will prepare Utility Conflict Maps identifying the accommodation, protection, relocation, or removal of any existing utility facilities that conflict with construction of the PROJECT or that violate CALTRANS’ encroachment policy.

CITY will provide CALTRANS a copy of Utility Conflict Maps for CALTRANS' concurrence prior to issuing the Notices to Owner and executing the utility agreement. All utility conflicts will be addressed in the PROJECT plans, specifications, and estimate.

43. CITY will determine the cost to positively identify and locate, accommodate, protect, relocate, or remove any utility facilities whether inside or outside the State Highway System right-of-way in accordance with federal and California laws and regulations, and CALTRANS’ policies, procedures, standards, practices, and applicable agreements including but not limited to Freeway Master Contracts.

RIGHT-OF-WAY

44. As the RIGHT-OF-WAY IMPLEMENTING AGENCY, CITY is responsible for all RIGHT-OF- WAY WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT. 245
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45. CALTRANS will be responsible for completing the following RIGHT-OF-WAY activities:

CALTRANS Work Breakdown Structure Identifier (If Applicable) 100.25.10.xx Quality Management

46. The selection of personnel performing RIGHT-OF-WAY WORK will be in accordance with federal and California laws and regulations, and CALTRANS’ policies, procedures, standards, practices, and applicable agreements.

47. CITY will make all necessary arrangements with utility owners for the timely accommodation, protection, relocation, or removal of any existing utility facilities that conflict with construction of the PROJECT or that violate CALTRANS’ encroachment policy.

48. CITY will provide CALTRANS a copy of conflict maps, relocation plans, proposed notices to owner, reports of investigation, and utility agreements (if applicable) for CALTRANS' concurrence prior to issuing the notices to owner and executing the utility agreement. All utility conflicts will be fully addressed prior to Right-of-Way Certification and all arrangements for the protection, relocation, or removal of all conflicting facilities will be completed prior to construction contract award and included in the PROJECT plans, specifications, and estimate.

49. CITY will provide a land surveyor licensed in the State of California to be responsible for surveying and right-of-way engineering. All survey and right-of-way engineering documents will bear the professional seal, certificate number, registration classification, expiration date of certificate, and signature of the responsible surveyor.

50. Acquisition of right-of-way will not occur prior to the approval of the environmental document without written approval from the CEQA Lead Agency.

51. CITY will hear and adopt Resolutions of Necessity when authorized to do so by law or will work with local agencies having jurisdiction and authorized under the law to hear and adopt Resolutions of Necessity.

CITY will conduct and document Condemnation Evaluation Meetings and Condemnation Panel Review Meetings as required in accordance with CALTRANS policy and guidance. CALTRANS will be notified in advance of any Condemnation Evaluation Meetings and Condemnation Panel Review Meetings.

52. If CITY acquires any right-of-way to be incorporated into the State Highway System, CITY will first acquire in its own name.
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Project Development Agreement 2017-02-17/IQA (Created April 15, 2021)10 of 22 No right-of-way will be acquired in CALTRANS' name.

Title to the State Highway System right-of-way will ultimately be vested in the State.

CALTRANS’ acceptance of title will occur after the Right-of-Way Closeout activities are complete.

53. CITY will utilize a public agency currently qualified by CALTRANS or a properly licensed consultant for all RIGHT-OF-WAY activities. A qualified right-of-way agent will administer all right-of-way consultant contracts.

CITY will submit a draft Right-of-Way Certification to CALTRANS six weeks prior to the scheduled Right-of-Way Certification milestone date for review.

54. CITY will submit a final Right-of-Way Certification to CALTRANS for approval prior to the advertising the construction contract. Physical and legal possession of the right-of-way must be completed prior to advertising the construction contract unless PARTIES mutually agree to other arrangements in writing.

55. CALTRANS’ acceptance of right-of-way title is subject to review of an Updated Preliminary Title Report provided by CITY verifying that the title is free of all encumbrances and liens. Upon acceptance, CITY will provide CALTRANS with a Policy of Title Insurance in CALTRANS’ name.

56. Right-of-way conveyances must be completed prior to WORK completion unless PARTIES mutually agree to other arrangements in writing.

CONSTRUCTION

57. As the CONSTRUCTION IMPLEMENTING AGENCY, CITY is responsible for all CONSTRUCTION WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.

58. CALTRANS will be responsible for completing the following CONSTRUCTION SUPPORT activities:

CALTRANS Work Breakdown Structure Identifier (If Applicable) 100.20.10.xx Quality Management
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59. CALTRANS will not issue an encroachment permit to CITY for construction work until the following conditions are met:
●CALTRANS accepts the final plans, specifications, and estimate ●CALTRANS accepts the Right-of-Way Certification
●Any new or amended maintenance agreements required for the WORK are executed.

60. CITY will require the construction contractor to furnish payment and performance bonds naming CITY as obligee, and CALTRANS as additional obligee, and to carry liability insurance in accordance with CALTRANS Standard Specifications.

61. CITY will advertise, open bids, award, and approve the construction contract in accordance with the California Public Contract Code and the California Labor Code. By accepting responsibility to advertise and award the construction contract, CITY also accepts responsibility to administer the construction contract.

62. CALTRANS will not issue an encroachment permit to CITY's construction contractor until CALTRANS accepts:
●The payment and performance bonds
●The CONSTRUCTION Quality Management Plan

63. The CONSTRUCTION Quality Management Plan (QMP) will describe how construction material verification and workmanship inspections will be performed at manufacturing sources and the PROJECT job-site. The construction material and Source Inspection QMP (SIQMP) are subject to review and approval by the State Materials Engineer.

CITY will provide a resident engineer and CONSTRUCTION SUPPORT staff that are independent of the construction contractor. The Resident Engineer will be a Civil Engineer, licensed in the State of California, who is responsible for construction contract administration activities.
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64. CALTRANS will review and concur with:
●Change Orders affecting public safety, public convenience, protected environmental resources, the preservation of property, all design and specification changes, and all major changes as defined in the CALTRANS Construction Manual. These Change Orders must receive written concurrence by CALTRANS prior to implementation.
●The Stormwater Pollution Prevention Plan (SWPPP) or the Water Pollution Control Plan (WPCP).

65. CITY will administer and process all construction contract claims pursuant to the requirements set forth under Public Contract Code, Section 9204. In addition, all public works claims of $375,000 or less shall be resolved in accordance with Public Contract Code Section 20104, et seq. and other applicable laws.

66. CITY is designated as the Legally Responsible Person pursuant to the Construction General Permit, State Water Resources Control Board (SWRCB) Order Number 2009-0009-DWQ, as defined in Appendix 5, Glossary, and assumes all roles and responsibilities assigned to the Legally Responsible Person as mandated by the Construction General Permit. CITY is required to comply with the CALTRANS MS4 National Pollutant Discharge Elimination System (NPDES) permit for all work within the State Highway System.

67. As the CONSTRUCTION IMPLEMENTING AGENCY, CITY is responsible for maintenance of the State Highway System (SHS) within the PROJECT limits as part of the construction contract until the following conditions are met:
●Any required maintenance agreements are executed for the portions of SHS for which relief of maintenance is to be granted.
●CALTRANS approves a request from CITY for relief from maintenance of the PROJECT or a portion thereof.

68. Upon WORK completion, ownership or title to all materials and equipment constructed or installed for the operations and/or maintenance of the State Highway System (SHS) within SHS right-of-way as part of WORK become the property of CALTRANS.

CALTRANS will not accept ownership or title to any materials or equipment constructed or installed outside SHS right-of-way.
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71.Within one hundred eighty (180) calendar days following the completion and acceptance of the PROJECT construction contract, CITY will furnish CALTRANS with a complete set of “As- Built” plans and Change Orders, including any changes authorized by CALTRANS, using an approved medium, such as a CD ROM, flash drive, File and in accordance with CALTRANS’ then current CADD User’s Manual (Section 4.3), Plans Preparation Manual, and CALTRANS practice.

The plans will have the Resident Engineer’s name, contract number, and construction contract acceptance date printed on each plan sheet, and with the Resident Engineer’s signature only on the title sheet. The As-Built plans will be in Microstation DGN format, version 8.0. In addition, CITY will provide one set of As-Built plans and addenda in TIFF format.

The submittal must also include all CALTRANS requested contract records, and land survey documents. The land survey documents include monument preservation documents and records of surveys prepared to satisfy the requirements of the California Land Surveyors Act (Business and Professions Code, Sections 8700 – 8805). Copies of survey documents and Records of Surveys filed in accordance with Business & Professions Code, Sections 8762 and 8771, will contain the filing information provided by the county in which filed.

Schedule

70. PARTIES will manage the WORK schedule to ensure the timely use of obligated funds, if applicable, and to ensure compliance with any environmental permits, right-of-way agreements, construction contracts, and any other commitments. PARTIES will communicate schedule risks or changes as soon as they are identified and will actively manage and mitigate schedule risks. 250
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Standards

71. PARTIES will perform all WORK in accordance with federal and California laws, regulations, and standards; Federal Highway Administration (FHWA) standards; and CALTRANS standards.

CALTRANS standards include, but are not limited to, the guidance provided in the:
●CADD Users’ Manual
●CALTRANS policies and directives
●Plans Preparation Manual
●Project Development Procedures Manual (PDPM)
●Workplan Standards Guide
●Standard Environmental Reference
●Highway Design Manual
●Right of Way Manual
●Construction Manual
●Construction Manual Supplement for Local Agency Resident Engineers ●Local Agency Structure Representative Guidelines
Qualifications

72. Each PARTY will ensure that personnel participating in WORK are appropriately qualified or licensed to perform the tasks assigned to them.

Consultant Selection

73. CITY will invite CALTRANS to participate in the selection of any consultants that participate in the WORK.
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Project Development Agreement 2017-02-17/IQA (Created April 15, 2021)15 of 22 Encroachment Permits

74. CALTRANS will issue, upon proper application, the encroachment permits required for WORK within State Highway System (SHS) right-of-way. CITY, their contractors, consultants, agents and utility owners will not work within the SHS right-of-way without an encroachment permit issued in their name. CALTRANS will provide encroachment permits to CITY, their contractors, consultants, and agents at no cost. CALTRANS will provide encroachment permits to utility owners at no cost. If the encroachment permit and this AGREEMENT conflict, the requirements of this AGREEMENT will prevail.

75. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare, obtain, implement, renew, and amend any encroachment permits needed to complete the WORK.

Protected Resources

76. If any PARTY discovers unanticipated cultural, archaeological, paleontological, or other protected resources during WORK, all WORK in that area will stop and that PARTY will notify all PARTIES within 24 hours of discovery. WORK may only resume after a qualified professional has evaluated the nature and significance of the discovery and CALTRANS approves a plan for its removal or protection.

Disclosures

77. PARTIES will hold all administrative drafts and administrative final reports, studies, materials, and documentation relied upon, produced, created, or utilized for the WORK in confidence to the extent permitted by law and where applicable, the provisions of California Government Code, Section 6254.5(e) will protect the confidentiality of such documents in the event that said documents are shared between PARTIES.

PARTIES will not distribute, release, or share said documents with anyone other than employees, agents, and consultants who require access to complete the WORK without the written consent of the PARTY authorized to release them, unless required or authorized to do so by law.

78. If a PARTY receives a public records request pertaining to the WORK, that PARTY will notify PARTIES within five (5) working days of receipt and make PARTIES aware of any disclosed public records.
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79. HM-1 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law, irrespective of whether it is disturbed by the PROJECT or not.

HM-2 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by the PROJECT.

The management activities related to HM-1 and HM-2, including and without limitation, any necessary manifest requirements and disposal facility designations are referred to herein as HM-1 MANAGEMENT and HM-2 MANAGEMENT respectively.

80. If HM-1 or HM-2 is found the discovering PARTY will immediately notify all other PARTIES.

81. CALTRANS, independent of the PROJECT, is responsible for any HM-1 found within the existing State Highway System right-of-way. CALTRANS will undertake, or cause to be undertaken, HM- 1 MANAGEMENT with minimum impact to the PROJECT schedule.

CALTRANS, independent of the PROJECT will pay, or cause to be paid, the cost of HM-1 MANAGEMENT related to HM-1 found within the existing State Highway System right-of-way.

82. CITY, independent of the PROJECT, is responsible for any HM-1 found within the PROJECT limits and outside the existing State Highway System right-of-way. CITY will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.

CITY, independent of the PROJECT, will pay, or cause to be paid, the cost of HM-1 MANAGEMENT for HM-1 found within the PROJECT limits and outside of the existing State Highway System right-of-way.

83. The CONSTRUCTION IMPLEMENTING AGENCY is responsible for HM‑2 MANAGEMENT within the PROJECT limits.
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Project Development Agreement 2017-02-17/IQA (Created April 15, 2021)17 of 22 CITY and CALTRANS will comply with the Soil Management Agreement for Aerially Deposited Lead Contaminated Soils (Soil Management Agreement) executed between CALTRANS and the California Department of Toxic Substances Control (DTSC). Under Section 3.2 of the Soil Management Agreement, CALTRANS and CITY each retain joint and severable liability for noncompliance with the provisions of the Soil Management Agreement. CITY will assume all responsibilities assigned to CALTRANS in the Soil Management Agreement during PROJECT COMPONENTS for which they are the IMPLEMENTING AGENCY except for final placement and burial of soil within the State right-of-way, per Section 4.5 of the Soil Management Agreement, which is subject to CALTRANS concurrence and reporting to DTSC which will be performed by CALTRANS.

84. CALTRANS’ acquisition or acceptance of title to any property on which any HM-1 or HM-2 is found will proceed in accordance with CALTRANS’ policy on such acquisition.

Claims

85. CITY may accept, reject, compromise, settle, or litigate claims of any consultants or contractors hired to complete WORK without concurrence from the other PARTY.

86. PARTIES will confer on any claim that may affect the WORK or PARTIES’ liability or responsibility under this AGREEMENT in order to retain resolution possibilities for potential future claims. No PARTY will prejudice the rights of another PARTY until after PARTIES confer on the claim.

87. If the WORK expends state or federal funds, each PARTY will comply with the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards of 2 CFR, Part 200. PARTIES will ensure that any for-profit consultant hired to participate in the WORK will comply with the requirements in 48 CFR, Chapter 1, Part 31. When state or federal funds are expended on the WORK these principles and requirements apply to all funding types included in this AGREEMENT.

88. If the WORK expends state or federal funds, each PARTY will undergo an annual audit in accordance with the Single Audit Act in the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as defined in 2 CFR, Part 200.

89. When a PARTY reimburses a consultant for WORK with state or federal funds, the procurement of the consultant and the consultant overhead costs will be in accordance with the Local Assistance Procedures Manual, Chapter 10.
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90. If WORK stops for any reason, IMPLEMENTING AGENCY will place the PROJECT right-of- way in a safe and operable condition acceptable to CALTRANS.

91. If WORK stops for any reason, each PARTY will continue with environmental commitments included in the environmental documentation, permits, agreements, or approvals that are in effect at the time that WORK stops, and will keep the PROJECT in environmental compliance until WORK resumes.

Penalties, Judgements and Settlements

92. The cost of awards, judgements, fines, interest, penalties, attorney’s fees, and/or settlements generated by the WORK are considered WORK costs.

93. The cost of legal challenges to the environmental process or are considered WORK costs.

94. Any PARTY whose action or lack of action causes the levy of fines, interest, or penalties will indemnify and hold all other PARTIES harmless per the terms of this AGREEMENT.

Project Files

95. CITY will furnish CALTRANS with the Project History Files related to the PROJECT facilities on State Highway System within sixty (60) days following the completion of each PROJECT COMPONENT. CITY will assure that the Project History File is prepared and submitted in compliance with the Project Development Procedures Manual, Chapter 7. All material will be submitted neatly in a three-ring binder and in PDF format.

GENERAL CONDITIONS

96. All portions of this AGREEMENT, including the Recitals Section, are enforceable.

Venue

97. PARTIES understand that this AGREEMENT is in accordance with and governed by the Constitution and laws of the State of California. This AGREEMENT will be enforceable in the State of California. Any PARTY initiating legal action arising from this AGREEMENT will file and maintain that legal action in the Superior Court of the county in which the CALTRANS district office that is signatory to this AGREEMENT resides, or in the Superior Court of the county in which the PROJECT is physically located.
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98. All CALTRANS’ obligations under this AGREEMENT are subject to the appropriation of resources by the Legislature, the State Budget Act authority, programming and allocation of funds by the California Transportation Commission (CTC).

Indemnification

99. Neither CALTRANS nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed that CITY, to the extent permitted by law, will defend, indemnify, and save harmless CALTRANS and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under this AGREEMENT. 100. Neither CITY nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless CITY and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under this AGREEMENT.

Non-parties
101. PARTIES do not intend this AGREEMENT to create a third party beneficiary or define duties, obligations, or rights for entities not signatory to this AGREEMENT. PARTIES do not intend this AGREEMENT to affect their legal liability by imposing any standard of care for fulfilling the WORK different from the standards imposed by law.
102. PARTIES will not assign or attempt to assign obligations to entities not signatory to this AGREEMENT without an amendment to this AGREEMENT.

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103. Neither PARTY will interpret any ambiguity contained in this AGREEMENT against the other PARTY. PARTIES waive the provisions of California Civil Code, Section 1654.

A waiver of a PARTY’s performance under this AGREEMENT will not constitute a continuous waiver of any other provision.
104. A delay or omission to exercise a right or power due to a default does not negate the use of that right or power in the future when deemed necessary.

Defaults
105. If any PARTY defaults in its performance of the WORK, a non-defaulting PARTY will request in writing that the default be remedied within thirty (30) calendar days. If the defaulting PARTY fails to do so, the non-defaulting PARTY may initiate dispute resolution.

Dispute Resolution
106. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level as described in the Quality Management Plan. If they cannot resolve the dispute themselves, the CALTRANS District Director and the Executive Officer of CITY will attempt to negotiate a resolution. If PARTIES do not reach a resolution, PARTIES’ legal counsel will initiate mediation.

PARTIES agree to participate in mediation in good faith and will share equally in its costs.

Neither the dispute nor the mediation process relieves PARTIES from full and timely performance of the WORK in accordance with the terms of this AGREEMENT. However, if any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to ensure that the WORK continues.

Except for equitable relief, no PARTY may file a civil complaint until after mediation, or forty- five (45) calendar days after filing the written mediation request, whichever occurs first.

PARTIES will file any civil complaints in the Superior Court of the county in which the CALTRANS District Office signatory to this AGREEMENT resides or in the Superior Court of the county in which the PROJECT is physically located.
107. PARTIES maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution.
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108. When WORK falls within the Labor Code § 1720(a)(1) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code § 1771, PARTIES will conform to the provisions of Labor Code §§ 1720-1815, and all applicable provisions of California Code of Regulations, Title 8, Division 1, Chapter 8, Subchapter 3, Articles 1-7. PARTIES will include prevailing wage requirements in contracts for public work and require contractors to include the same prevailing wage requirements in all subcontracts.

Work performed by a PARTY’s own employees is exempt from the Labor Code's Prevailing Wage requirements.

If WORK is paid for, in whole or part, with federal funds and is of the type of work subject to federal prevailing wage requirements, PARTIES will conform to the provisions of the Davis- Bacon and Related Acts, 40 U.S.C. §§ 3141-3148.

When applicable, PARTIES will include federal prevailing wage requirements in contracts for public works. WORK performed by a PARTY’s employees is exempt from federal prevailing wage requirements.
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SIGNATURES
PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT.

The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
Gregory Farr
Acting Deputy District Director,
Program/Project Management
Verification of funds and authority:

Vickie Murphy
District Budget Manager

CITY OF OXNARD
John Zaragoza
Mayor
Attest:
_________________________________
Rose Chaparro
City Clerk
Approved as to form and procedure:

Stephen M. Fischer
City Attorney
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CLOSURE STATEMENT INSTRUCTIONS

1. Did PARTIES complete all scope, cost and schedule commitments included in this AGREEMENT and any amendments to this AGREEMENT?

YES / NO

2. Did CALTRANS accept and approve all final deliverables submitted by other PARTIES?

YES / NO

3. Did the CALTRANS HQ Office of Accounting verify that all final accounting for this AGREEMENT and any amendments to this AGREEMENT were completed?

YES / NO

4. If construction is involved, did the CALTRANS District Project Manager verify that all claims and third-party billings (utilities, etc.) have been settled before termination of the AGREEMENT?

YES / NO

5.Did PARTIES complete and transmit the As-Built Plans, Project History File, and all other required contract documents?

YES / NO
If ALL answers are “YES”, this form may be used to TERMINATE this AGREEMENT. 260
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CLOSURE STATEMENT
PARTIES agree that they have completed all scope, cost, and schedule commitments included in Agreement 07-5237 and any amendments to the agreement. The final signature date on this document terminates agreement 07-5237 except survival articles. All survival articles in agreement 07-5237 will remain in effect until expired by law, terminated or modified in writing by the PARTIES’ mutual agreement, whichever occurs earlier.

The people signing this agreement have the authority to do so on behalf of their public agencies.

The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
District Director
Date:

CITY OF OXNARD
Title TBD
Date:
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Project Development Agreement 2017-02-17 (Created April 15, 2021)1

DRAFT COOPERATIVE AGREEMENT COVER SHEET
Work Description

OFF-RAMP AND TRAFFIC SIGNAL MODIFICATION AT THE OLD WAGON WHEEL ROAD

AND VENTURA ROAD
Contact Information

CALTRANS
Dan Tran, Project Manager
100 South Main Street
Los Angeles, CA 90012
Office Phone: (213) 760-6818
Mobile Phone: (213)760-7149
Email: [email protected]

CITY OF OXNARD
Tatiana Arnaout, City Engineer
305 West 3rd Street
Oxnard, CA 93030
Office Phone: (805) 385-8341
Email: [email protected]
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Project Development Agreement 2017-02-17 (Created April 15, 2021)2 Table of Contents
COOPERATIVE AGREEMENT 1
RECITALS 1
RESPONSIBILITIES 3
Sponsorship 3
Implementing Agency 3
Funding 4
CALTRANS’ Quality Management 4
CEQA Lead Agency 5
Environmental Permits, Approvals and Agreements 5
Project Approval and Environmental Document (PA&ED) 6
California Environmental Quality Act (CEQA) 6
Plans, Specifications, and Estimate (PS&E) 8
RIGHT-OF-WAY 8
CONSTRUCTION 10
Schedule 14
Additional Provisions 14
Standards 14
Qualifications 14
Consultant Selection 15
Encroachment Permits 15
Protected Resources 15
Disclosures 15
Hazardous Materials 16
Claims 17
Interruption of Work 18
Penalties, Judgements and Settlements 18
Project Files 18
GENERAL CONDITIONS 18
Venue 18
Exemptions 19
Indemnification 19
Non-parties 19
Ambiguity and Performance 20
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Dispute Resolution 20
Prevailing Wage 21
SIGNATURES 22
CLOSURE STATEMENT 3
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COOPERATIVE AGREEMENT
This AGREEMENT, executed on and effective from _______________________________, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and:

City of Oxnard, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as CITY.

An individual signatory agency in this AGREEMENT is referred to as a PARTY. Collectively, the signatory agencies in this AGREEMENT are referred to as PARTIES.

RECITALS

1. PARTIES are authorized to enter into a cooperative agreement for improvements to the State Highway System per the California Streets and Highways Code, Sections 114 and 130.

2. For the purpose of this AGREEMENT, constructing earthen berm off-ramp and traffic signal modification at the Old Wagon Wheel Road and Ventura Road will be referred to hereinafter as PROJECT. The PROJECT scope of work is defined in the project initiation and approval documents (Design Engineering Evaluation Report).

3. All obligations and responsibilities assigned in this AGREEMENT to complete the following PROJECT COMPONENTS will be referred to hereinafter as WORK:
●PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT (PA&ED)
●PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E)
●RIGHT-OF-WAY
●CONSTRUCTION
Each PROJECT COMPONENT is defined in the CALTRANS Workplan Standards Guide as a distinct group of activities/products in the project planning and development process. 265
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4. The term AGREEMENT, as used herein, includes this document and any attachments, exhibits, and amendments.

This AGREEMENT is separate from and does not modify or replace any other cooperative agreement or memorandum of understanding between the PARTIES regarding the PROJECT.

PARTIES intend this AGREEMENT to be their final expression that supersedes any oral understanding or writings pertaining to the WORK. The requirements of this AGREEMENT will preside over any conflicting requirements in any documents that are made an express part of this AGREEMENT.

If any provisions in this AGREEMENT are found by a court of competent jurisdiction to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other AGREEMENT provisions invalid, inoperative, or unenforceable, and those provisions will be automatically severed from this AGREEMENT.

Except as otherwise provided in the AGREEMENT, PARTIES will execute a written amendment if there are any changes to the terms of this AGREEMENT.

PARTIES agree to sign a CLOSURE STATEMENT to terminate this AGREEMENT. However, all indemnification, document retention, audit, claims, environmental commitment, legal challenge, maintenance and ownership articles will remain in effect until terminated or modified in writing by mutual agreement or expire by the statute of limitations.

5. No PROJECT deliverables have been completed prior to this AGREEMENT.

6. CITY has expressed its interest in acquiring the Wagon Wheel Road and PARTIES will draft and execute a separate Relinquishment Agreement prior completion of PS&E WORK.

7. In this AGREEMENT capitalized words represent defined terms, initialisms, or acronyms.

8. PARTIES hereby set forth the terms, covenants, and conditions of this AGREEMENT. 266
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RESPONSIBILITIES
Sponsorship

9. A SPONSOR is responsible for establishing the scope of the PROJECT and securing the financial resources to fund the WORK. A SPONSOR is responsible for securing additional funds when necessary or implementing PROJECT changes to ensure the WORK can be completed with the funds obligated in this AGREEMENT.

PROJECT changes, as described in the CALTRANS Project Development Procedures Manual, will be approved by CALTRANS as the owner/operator of the State Highway System.

10. CITY is the SPONSOR for the WORK in this AGREEMENT.

Implementing Agency

11. The IMPLEMENTING AGENCY is the PARTY responsible for managing the scope, cost, schedule, and quality of the work activities and products of a PROJECT COMPONENT. ●CITY is the Project Approval and Environmental Document (PA&ED) IMPLEMENTING AGENCY.

PA&ED includes the completion of the Final Environmental Document and the Project Report (documenting the project alternative selection).
●CITY is the Plans, Specifications, and Estimate (PS&E) IMPLEMENTING AGENCY.

PS&E includes the development of the plans, specifications, and estimate; obtaining any resource agency permits; and the advertisement/award of the construction contract. ● CITY is the RIGHT OF WAY IMPLEMENTING AGENCY
RIGHT OF WAY includes coordination with utility owners for the protection, removal, or relocation of utilities; the acquisition of right-of-way interests; and post-construction work such as right-of-way monumentation/recordation, relinquishments/vacations, and excess land transactions. The RIGHT OF WAY component budget identifies the capital costs of right-of- way acquisition (RIGHT-OF-WAY CAPITAL) and the cost of the staff work in support of the acquisition (RIGHT-OF-WAY SUPPORT).
● CITY is the CONSTRUCTION IMPLEMENTING AGENCY.
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Project Development Agreement 2017-02-17/IQA (Created April 15, 2021)4 of 22 CONSTRUCTION includes construction contract administration, surveying/staking, inspection, quality assurance, and assuring regulatory compliance. The CONSTRUCTION component budget identifies the capital costs of the construction contract/furnished materials (CONSTRUCTION CAPITAL) and the cost of the staff work in support of the construction contract administration (CONSTRUCTION SUPPORT).

12. CITY will provide a Quality Management Plan (QMP) for the WORK in every PROJECT COMPONENT that they are the IMPLEMENTING AGENCY of. The QMP describes the IMPLEMENTING AGENCY’s quality policy and how it will be used. The QMP will include a process for resolving disputes between the PARTIES at the team level. The QMP is subject to CALTRANS review and approval.

13. Any PARTY responsible for completing WORK will make its personnel and consultants that prepare WORK available to help resolve WORK-related problems and changes for the entire duration of the PROJECT including PROJECT work that may occur under separate agreements.

Funding

14. The WORK does not use funds administered by CALTRANS. PARTIES will amend this AGREEMENT should this condition change.

15. Each PARTY is responsible for the costs they incur in performing the WORK.

CALTRANS’ Quality Management

16. CALTRANS, as the owner/operator of the State Highway System (SHS), will perform quality management work including Quality Management Assessment (QMA), environmental document quality control, and owner/operator approvals for the portions of WORK within the existing and proposed SHS right-of-way.

17. CALTRANS’ Quality Management Assessment (QMA) efforts are to ensure that CITY's quality assurance results in WORK that is in accordance with the applicable standards and the PROJECT’s quality management plan (QMP). QMA does not include any efforts necessary to develop or deliver WORK or any validation by verifying or rechecking WORK.

When CALTRANS performs QMA, it does so for its own benefit. No one can assign liability to CALTRANS due to its QMA.

18. CALTRANS, as the owner/operator of the State Highway System, will approve WORK products in accordance with CALTRANS policies and guidance and as indicated in this AGREEMENT. 268
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19. Per National Environmental Policy Act (NEPA) assignment and California Environmental Quality Act (CEQA) statutes, CALTRANS will perform environmental document quality control and NEPA assignment review procedures for environmental documentation. CALTRANS quality control and quality assurance procedures for all environmental documents are described in the Standard Environmental Reference, NEPA Assignments memorandums, available at https://dot.ca.gov/programs/environmental-analysis/standard-environmental-reference-ser, https://dot.ca.gov/-/media/dot-media/programs/environmental-analysis/documents/ser/nepa- recordretention-policy-final-ally.pdf. This includes the independent judgement analysis and determination under CEQA that the environmental documentation meets CEQA requirements.

20. CITY will provide WORK-related products and supporting documentation upon CALTRANS’ request for the purpose of CALTRANS’ quality management work.

21. CITY, including any employee, agent, consultant or sub-consultant retained by the CITY, shall implement uniform document control policies necessary to retain all records and electronically stored information associated with the WORK, including but not limited to those records identified in California Public Resources Code, Section 21167.6, and including email and attachments, in a manner consistent with the CALTRANS Uniform Filing System and the “Final Caltrans Environmental Records Retention Policy”, available at https://dot.ca.gov/-/media/dot- media/programs/environmental-analysis/documents/nepa-recordretention-policy-final- a11y.pdf. These records, along with an index of the records, shall be provided to CALTRANS within 60 days of CALTRANS’ written request.

22. The cost of CALTRANS’ quality management work is to be borne by CALTRANS.

CEQA Lead Agency

23. CALTRANS is the CEQA Lead Agency for the PROJECT.

Environmental Permits, Approvals and Agreements

24. CITY will comply with the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements as those commitments and conditions apply to CITY's responsibilities in this AGREEMENT.

25. Unless otherwise assigned in this AGREEMENT, the IMPLEMENTING AGENCY for a PROJECT COMPONENT is responsible for all PROJECT COMPONENT WORK associated with coordinating, obtaining, implementing, renewing, and amending the PROJECT permits, agreements, and approvals whether they are identified in the planned project scope of work or become necessary in the course of completing the PROJECT. 269
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26. It is expected that the PROJECT requires the following environmental permits/approvals:

ENVIRONMENTAL PERMITS/REQUIREMENTS
South Coast Air Quality Management District
Project Approval and Environmental Document (PA&ED)

27. As the PA&ED IMPLEMENTING AGENCY, CITY is responsible for all PA&ED WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.

28. CALTRANS will be responsible for completing the following PA&ED activities:

CALTRANS Work Breakdown Structure Identifier (If Applicable) 100.10.10.xx Quality Management
175.20 Project Preferred Alternative
180.10.05.05.xx CEQA Lead Final Env. Doc QA/QC and Approval 180.15.10 Notice of Exemption (CEQA)

29. Any PARTY preparing environmental documentation, including studies and reports, will ensure that qualified personnel remain available to help resolve environmental issues and perform any necessary work to ensure that the PROJECT remains in environmental compliance.

30. CITY will provide written notice of the initiation of environmental studies to the CEQA Lead Agency prior to completing any other PA&ED phase work.

California Environmental Quality Act (CEQA)

31. Environmental documentation will be prepared in compliance with the California Public Resources Code §§ 21080.3.1(d)(e). CALTRANS will provide, and CITY will use, a letter template and a list of California Native American tribes requesting notification if necessary. CITY will prepare consultation documentation for CALTRANS’ signature and transmittal in compliance with the statutorily required time frames, if necessary.
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32. The CEQA Lead Agency will determine the type of CEQA documentation and will cause that documentation to be prepared in accordance with CEQA requirements.

33. Any PARTY involved in the preparation of CEQA documentation will prepare the documentation to meet CEQA requirements and follow the CEQA Lead Agency’s standards that apply to the CEQA process.

34. Any PARTY preparing any portion of the CEQA documentation, including any studies and reports, will submit that portion of the documentation to the CEQA Lead Agency for review, comment, and approval at appropriate stages of development prior to public availability.

35. CITY will submit CEQA-related public notices to CALTRANS for review, comment, and approval prior to publication and circulation.

36. CITY will submit all CEQA-related public meeting materials to the CEQA Lead Agency for review, comment, and approval at least ten (10) working days prior to the public meeting date.

If the CEQA Lead Agency makes any changes to the materials, then the CEQA Lead Agency will allow CITY to review, comment, and concur on those changes at least three (3) working days prior to the public meeting date.

37. The CEQA Lead Agency has final approval authority over all CEQA documentation.

38. The CEQA Lead Agency will attend all CEQA-related public meetings.

39. If a PARTY who is not the CEQA Lead Agency holds a public meeting about the PROJECT, that PARTY must clearly state its role in the PROJECT and the identity of the CEQA Lead Agency on all meeting publications. All meeting publications must also inform the attendees that public comments collected at the meetings are not part of the CEQA public review process.

That PARTY will submit all meeting advertisements, agendas, exhibits, handouts, and materials to the CEQA Lead Agency for review, comment, and approval at least ten (10) working days prior to publication or use. If that PARTY makes any changes to the materials, it will allow the CEQA Lead Agency to review, comment on, and approve those changes at least three (3) working days prior to the public meeting date.

The CEQA Lead Agency maintains final editorial control with respect to text or graphics that could lead to public confusion over CEQA-related roles and responsibilities. 271
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Project Development Agreement 2017-02-17/IQA (Created April 15, 2021)8 of 22 Plans, Specifications, and Estimate (PS&E)

40. As the PS&E IMPLEMENTING AGENCY, CITY is responsible for all PS&E WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.

41. CALTRANS will be responsible for completing the following PS&E activities:

CALTRANS Work Breakdown Structure Identifier (If Applicable) 100.15.10.xx Quality Management

42. CITY will prepare Utility Conflict Maps identifying the accommodation, protection, relocation, or removal of any existing utility facilities that conflict with construction of the PROJECT or that violate CALTRANS’ encroachment policy.

CITY will provide CALTRANS a copy of Utility Conflict Maps for CALTRANS' concurrence prior to issuing the Notices to Owner and executing the utility agreement. All utility conflicts will be addressed in the PROJECT plans, specifications, and estimate.

43. CITY will determine the cost to positively identify and locate, accommodate, protect, relocate, or remove any utility facilities whether inside or outside the State Highway System right-of-way in accordance with federal and California laws and regulations, and CALTRANS’ policies, procedures, standards, practices, and applicable agreements including but not limited to Freeway Master Contracts.

RIGHT-OF-WAY

44. As the RIGHT-OF-WAY IMPLEMENTING AGENCY, CITY is responsible for all RIGHT-OF- WAY WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT. 272
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45. CALTRANS will be responsible for completing the following RIGHT-OF-WAY activities:

CALTRANS Work Breakdown Structure Identifier (If Applicable) 100.25.10.xx Quality Management

46. The selection of personnel performing RIGHT-OF-WAY WORK will be in accordance with federal and California laws and regulations, and CALTRANS’ policies, procedures, standards, practices, and applicable agreements.

47. CITY will make all necessary arrangements with utility owners for the timely accommodation, protection, relocation, or removal of any existing utility facilities that conflict with construction of the PROJECT or that violate CALTRANS’ encroachment policy.

48. CITY will provide CALTRANS a copy of conflict maps, relocation plans, proposed notices to owner, reports of investigation, and utility agreements (if applicable) for CALTRANS' concurrence prior to issuing the notices to owner and executing the utility agreement. All utility conflicts will be fully addressed prior to Right-of-Way Certification and all arrangements for the protection, relocation, or removal of all conflicting facilities will be completed prior to construction contract award and included in the PROJECT plans, specifications, and estimate.

49. CITY will provide a land surveyor licensed in the State of California to be responsible for surveying and right-of-way engineering. All survey and right-of-way engineering documents will bear the professional seal, certificate number, registration classification, expiration date of certificate, and signature of the responsible surveyor.

50. Acquisition of right-of-way will not occur prior to the approval of the environmental document without written approval from the CEQA Lead Agency.

51. CITY will hear and adopt Resolutions of Necessity when authorized to do so by law or will work with local agencies having jurisdiction and authorized under the law to hear and adopt Resolutions of Necessity.

CITY will conduct and document Condemnation Evaluation Meetings and Condemnation Panel Review Meetings as required in accordance with CALTRANS policy and guidance. CALTRANS will be notified in advance of any Condemnation Evaluation Meetings and Condemnation Panel Review Meetings.

52. If CITY acquires any right-of-way to be incorporated into the State Highway System, CITY will first acquire in its own name.
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Project Development Agreement 2017-02-17/IQA (Created April 15, 2021)10 of 22 No right-of-way will be acquired in CALTRANS' name.

Title to the State Highway System right-of-way will ultimately be vested in the State.

CALTRANS’ acceptance of title will occur after the Right-of-Way Closeout activities are complete.

53. CITY will utilize a public agency currently qualified by CALTRANS or a properly licensed consultant for all RIGHT-OF-WAY activities. A qualified right-of-way agent will administer all right-of-way consultant contracts.

CITY will submit a draft Right-of-Way Certification to CALTRANS six weeks prior to the scheduled Right-of-Way Certification milestone date for review.

54. CITY will submit a final Right-of-Way Certification to CALTRANS for approval prior to the advertising the construction contract. Physical and legal possession of the right-of-way must be completed prior to advertising the construction contract unless PARTIES mutually agree to other arrangements in writing.

55. CALTRANS’ acceptance of right-of-way title is subject to review of an Updated Preliminary Title Report provided by CITY verifying that the title is free of all encumbrances and liens. Upon acceptance, CITY will provide CALTRANS with a Policy of Title Insurance in CALTRANS’ name.

56. Right-of-way conveyances must be completed prior to WORK completion unless PARTIES mutually agree to other arrangements in writing.

CONSTRUCTION

57. As the CONSTRUCTION IMPLEMENTING AGENCY, CITY is responsible for all CONSTRUCTION WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.

58. CALTRANS will be responsible for completing the following CONSTRUCTION SUPPORT activities:

CALTRANS Work Breakdown Structure Identifier (If Applicable) 100.20.10.xx Quality Management
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59. CALTRANS will not issue an encroachment permit to CITY for construction work until the following conditions are met:
●CALTRANS accepts the final plans, specifications, and estimate ●CALTRANS accepts the Right-of-Way Certification
●Any new or amended maintenance agreements required for the WORK are executed.

60. CITY will require the construction contractor to furnish payment and performance bonds naming CITY as obligee, and CALTRANS as additional obligee, and to carry liability insurance in accordance with CALTRANS Standard Specifications.

61. CITY will advertise, open bids, award, and approve the construction contract in accordance with the California Public Contract Code and the California Labor Code. By accepting responsibility to advertise and award the construction contract, CITY also accepts responsibility to administer the construction contract.

62. CALTRANS will not issue an encroachment permit to CITY's construction contractor until CALTRANS accepts:
●The payment and performance bonds
●The CONSTRUCTION Quality Management Plan

63. The CONSTRUCTION Quality Management Plan (QMP) will describe how construction material verification and workmanship inspections will be performed at manufacturing sources and the PROJECT job-site. The construction material and Source Inspection QMP (SIQMP) are subject to review and approval by the State Materials Engineer.

CITY will provide a resident engineer and CONSTRUCTION SUPPORT staff that are independent of the construction contractor. The Resident Engineer will be a Civil Engineer, licensed in the State of California, who is responsible for construction contract administration activities.
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64. CALTRANS will review and concur with:
●Change Orders affecting public safety, public convenience, protected environmental resources, the preservation of property, all design and specification changes, and all major changes as defined in the CALTRANS Construction Manual. These Change Orders must receive written concurrence by CALTRANS prior to implementation.
●The Stormwater Pollution Prevention Plan (SWPPP) or the Water Pollution Control Plan (WPCP).

65. CITY will administer and process all construction contract claims pursuant to the requirements set forth under Public Contract Code, Section 9204. In addition, all public works claims of $375,000 or less shall be resolved in accordance with Public Contract Code Section 20104, et seq. and other applicable laws.

66. CITY is designated as the Legally Responsible Person pursuant to the Construction General Permit, State Water Resources Control Board (SWRCB) Order Number 2009-0009-DWQ, as defined in Appendix 5, Glossary, and assumes all roles and responsibilities assigned to the Legally Responsible Person as mandated by the Construction General Permit. CITY is required to comply with the CALTRANS MS4 National Pollutant Discharge Elimination System (NPDES) permit for all work within the State Highway System.

67. As the CONSTRUCTION IMPLEMENTING AGENCY, CITY is responsible for maintenance of the State Highway System (SHS) within the PROJECT limits as part of the construction contract until the following conditions are met:
●Any required maintenance agreements are executed for the portions of SHS for which relief of maintenance is to be granted.
●CALTRANS approves a request from CITY for relief from maintenance of the PROJECT or a portion thereof.

68. Upon WORK completion, ownership or title to all materials and equipment constructed or installed for the operations and/or maintenance of the State Highway System (SHS) within SHS right-of-way as part of WORK become the property of CALTRANS.

CALTRANS will not accept ownership or title to any materials or equipment constructed or installed outside SHS right-of-way.
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71.Within one hundred eighty (180) calendar days following the completion and acceptance of the PROJECT construction contract, CITY will furnish CALTRANS with a complete set of “As- Built” plans and Change Orders, including any changes authorized by CALTRANS, using an approved medium, such as a CD ROM, flash drive, Filr and in accordance with CALTRANS’ then current CADD User’s Manual (Section 4.3), Plans Preparation Manual, and CALTRANS practice.

The plans will have the Resident Engineer’s name, contract number, and construction contract acceptance date printed on each plan sheet, and with the Resident Engineer’s signature only on the title sheet. The As-Built plans will be in Microstation DGN format, version 8.0. In addition, CITY will provide one set of As-Built plans and addenda in TIFF format.

The submittal must also include all CALTRANS requested contract records, and land survey documents. The land survey documents include monument preservation documents and records of surveys prepared to satisfy the requirements of the California Land Surveyors Act (Business and Professions Code, Sections 8700 – 8805). Copies of survey documents and Records of Surveys filed in accordance with Business & Professions Code, Sections 8762 and 8771, will contain the filing information provided by the county in which filed.

Schedule

70. PARTIES will manage the WORK schedule to ensure the timely use of obligated funds, if applicable, and to ensure compliance with any environmental permits, right-of-way agreements, construction contracts, and any other commitments. PARTIES will communicate schedule risks or changes as soon as they are identified and will actively manage and mitigate schedule risks. 277
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Standards

71. PARTIES will perform all WORK in accordance with federal and California laws, regulations, and standards; Federal Highway Administration (FHWA) standards; and CALTRANS standards.

CALTRANS standards include, but are not limited to, the guidance provided in the:
●CADD Users’ Manual
●CALTRANS policies and directives
●Plans Preparation Manual
●Project Development Procedures Manual (PDPM)
●Workplan Standards Guide
●Standard Environmental Reference
●Highway Design Manual
●Right of Way Manual
●Construction Manual
●Construction Manual Supplement for Local Agency Resident Engineers ●Local Agency Structure Representative Guidelines
Qualifications

72. Each PARTY will ensure that personnel participating in WORK are appropriately qualified or licensed to perform the tasks assigned to them.

Consultant Selection

73. CITY will invite CALTRANS to participate in the selection of any consultants that participate in the WORK.
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Project Development Agreement 2017-02-17/IQA (Created April 15, 2021)15 of 22 Encroachment Permits

74. CALTRANS will issue, upon proper application, the encroachment permits required for WORK within State Highway System (SHS) right-of-way. CITY, their contractors, consultants, agents and utility owners will not work within the SHS right-of-way without an encroachment permit issued in their name. CALTRANS will provide encroachment permits to CITY, their contractors, consultants, and agents at no cost. CALTRANS will provide encroachment permits to utility owners at no cost. If the encroachment permit and this AGREEMENT conflict, the requirements of this AGREEMENT will prevail.

75. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare, obtain, implement, renew, and amend any encroachment permits needed to complete the WORK.

Protected Resources

76. If any PARTY discovers unanticipated cultural, archaeological, paleontological, or other protected resources during WORK, all WORK in that area will stop and that PARTY will notify all PARTIES within 24 hours of discovery. WORK may only resume after a qualified professional has evaluated the nature and significance of the discovery and CALTRANS approves a plan for its removal or protection.

Disclosures

77. PARTIES will hold all administrative drafts and administrative final reports, studies, materials, and documentation relied upon, produced, created, or utilized for the WORK in confidence to the extent permitted by law and where applicable, the provisions of California Government Code, Section 6254.5(e) will protect the confidentiality of such documents in the event that said documents are shared between PARTIES.

PARTIES will not distribute, release, or share said documents with anyone other than employees, agents, and consultants who require access to complete the WORK without the written consent of the PARTY authorized to release them, unless required or authorized to do so by law.

78. If a PARTY receives a public records request pertaining to the WORK, that PARTY will notify PARTIES within five (5) working days of receipt and make PARTIES aware of any disclosed public records.
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Project Development Agreement 2017-02-17/IQA (Created April 15, 2021)16 of 22 Hazardous Materials

79. HM-1 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law, irrespective of whether it is disturbed by the PROJECT or not.

HM-2 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by the PROJECT.

The management activities related to HM-1 and HM-2, including and without limitation, any necessary manifest requirements and disposal facility designations are referred to herein as HM-1 MANAGEMENT and HM-2 MANAGEMENT respectively.

80. If HM-1 or HM-2 is found the discovering PARTY will immediately notify all other PARTIES.

81. CALTRANS, independent of the PROJECT, is responsible for any HM-1 found within the existing State Highway System right-of-way. CALTRANS will undertake, or cause to be undertaken, HM- 1 MANAGEMENT with minimum impact to the PROJECT schedule.

CALTRANS, independent of the PROJECT will pay, or cause to be paid, the cost of HM-1 MANAGEMENT related to HM-1 found within the existing State Highway System right-of-way.

82. CITY, independent of the PROJECT, is responsible for any HM-1 found within the PROJECT limits and outside the existing State Highway System right-of-way. CITY will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.

CITY, independent of the PROJECT, will pay, or cause to be paid, the cost of HM-1 MANAGEMENT for HM-1 found within the PROJECT limits and outside of the existing State Highway System right-of-way.

83. The CONSTRUCTION IMPLEMENTING AGENCY is responsible for HM‑2 MANAGEMENT within the PROJECT limits.
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Project Development Agreement 2017-02-17/IQA (Created April 15, 2021)17 of 22 CITY and CALTRANS will comply with the Soil Management Agreement for Aerially Deposited Lead Contaminated Soils (Soil Management Agreement) executed between CALTRANS and the California Department of Toxic Substances Control (DTSC). Under Section 3.2 of the Soil Management Agreement, CALTRANS and CITY each retain joint and severable liability for noncompliance with the provisions of the Soil Management Agreement. CITY will assume all responsibilities assigned to CALTRANS in the Soil Management Agreement during PROJECT COMPONENTS for which they are the IMPLEMENTING AGENCY except for final placement and burial of soil within the State right-of-way, per Section 4.5 of the Soil Management Agreement, which is subject to CALTRANS concurrence and reporting to DTSC which will be performed by CALTRANS.

84. CALTRANS’ acquisition or acceptance of title to any property on which any HM-1 or HM-2 is found will proceed in accordance with CALTRANS’ policy on such acquisition.

Claims

85. CITY may accept, reject, compromise, settle, or litigate claims of any consultants or contractors hired to complete WORK without concurrence from the other PARTY.

86. PARTIES will confer on any claim that may affect the WORK or PARTIES’ liability or responsibility under this AGREEMENT in order to retain resolution possibilities for potential future claims. No PARTY will prejudice the rights of another PARTY until after PARTIES confer on the claim.

87. If the WORK expends state or federal funds, each PARTY will comply with the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards of 2 CFR, Part 200. PARTIES will ensure that any for-profit consultant hired to participate in the WORK will comply with the requirements in 48 CFR, Chapter 1, Part 31. When state or federal funds are expended on the WORK these principles and requirements apply to all funding types included in this AGREEMENT.

88. If the WORK expends state or federal funds, each PARTY will undergo an annual audit in accordance with the Single Audit Act in the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as defined in 2 CFR, Part 200.

89. When a PARTY reimburses a consultant for WORK with state or federal funds, the procurement of the consultant and the consultant overhead costs will be in accordance with the Local Assistance Procedures Manual, Chapter 10.
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90. If WORK stops for any reason, IMPLEMENTING AGENCY will place the PROJECT right-of- way in a safe and operable condition acceptable to CALTRANS.

91. If WORK stops for any reason, each PARTY will continue with environmental commitments included in the environmental documentation, permits, agreements, or approvals that are in effect at the time that WORK stops, and will keep the PROJECT in environmental compliance until WORK resumes.

Penalties, Judgements and Settlements

92. The cost of awards, judgements, fines, interest, penalties, attorney’s fees, and/or settlements generated by the WORK are considered WORK costs.

93. The cost of legal challenges to the environmental process or are considered WORK costs.

94. Any PARTY whose action or lack of action causes the levy of fines, interest, or penalties will indemnify and hold all other PARTIES harmless per the terms of this AGREEMENT.

Project Files

95. CITY will furnish CALTRANS with the Project History Files related to the PROJECT facilities on State Highway System within sixty (60) days following the completion of each PROJECT COMPONENT. CITY will assure that the Project History File is prepared and submitted in compliance with the Project Development Procedures Manual, Chapter 7. All material will be submitted neatly in a three-ring binder and in PDF format.

GENERAL CONDITIONS

96. All portions of this AGREEMENT, including the Recitals Section, are enforceable.

Venue

97. PARTIES understand that this AGREEMENT is in accordance with and governed by the Constitution and laws of the State of California. This AGREEMENT will be enforceable in the State of California. Any PARTY initiating legal action arising from this AGREEMENT will file and maintain that legal action in the Superior Court of the county in which the CALTRANS district office that is signatory to this AGREEMENT resides, or in the Superior Court of the county in which the PROJECT is physically located.
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98. All CALTRANS’ obligations under this AGREEMENT are subject to the appropriation of resources by the Legislature, the State Budget Act authority, programming and allocation of funds by the California Transportation Commission (CTC).

Indemnification

99. Neither CALTRANS nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed that CITY, to the extent permitted by law, will defend, indemnify, and save harmless CALTRANS and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under this AGREEMENT. 100. Neither CITY nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless CITY and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under this AGREEMENT.

Non-parties
101. PARTIES do not intend this AGREEMENT to create a third party beneficiary or define duties, obligations, or rights for entities not signatory to this AGREEMENT. PARTIES do not intend this AGREEMENT to affect their legal liability by imposing any standard of care for fulfilling the WORK different from the standards imposed by law.
102. PARTIES will not assign or attempt to assign obligations to entities not signatory to this AGREEMENT without an amendment to this AGREEMENT.

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103. Neither PARTY will interpret any ambiguity contained in this AGREEMENT against the other PARTY. PARTIES waive the provisions of California Civil Code, Section 1654.

A waiver of a PARTY’s performance under this AGREEMENT will not constitute a continuous waiver of any other provision.
104. A delay or omission to exercise a right or power due to a default does not negate the use of that right or power in the future when deemed necessary.

Defaults
105. If any PARTY defaults in its performance of the WORK, a non-defaulting PARTY will request in writing that the default be remedied within thirty (30) calendar days. If the defaulting PARTY fails to do so, the non-defaulting PARTY may initiate dispute resolution.

Dispute Resolution
106. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level as described in the Quality Management Plan. If they cannot resolve the dispute themselves, the CALTRANS District Director and the Executive Officer of CITY will attempt to negotiate a resolution. If PARTIES do not reach a resolution, PARTIES’ legal counsel will initiate mediation.

PARTIES agree to participate in mediation in good faith and will share equally in its costs.

Neither the dispute nor the mediation process relieves PARTIES from full and timely performance of the WORK in accordance with the terms of this AGREEMENT. However, if any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to ensure that the WORK continues.

Except for equitable relief, no PARTY may file a civil complaint until after mediation, or forty- five (45) calendar days after filing the written mediation request, whichever occurs first.

PARTIES will file any civil complaints in the Superior Court of the county in which the CALTRANS District Office signatory to this AGREEMENT resides or in the Superior Court of the county in which the PROJECT is physically located.
107. PARTIES maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution.
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108. When WORK falls within the Labor Code § 1720(a)(1) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code § 1771, PARTIES will conform to the provisions of Labor Code §§ 1720-1815, and all applicable provisions of California Code of Regulations, Title 8, Division 1, Chapter 8, Subchapter 3, Articles 1-7. PARTIES will include prevailing wage requirements in contracts for public work and require contractors to include the same prevailing wage requirements in all subcontracts.

Work performed by a PARTY’s own employees is exempt from the Labor Code's Prevailing Wage requirements.

If WORK is paid for, in whole or part, with federal funds and is of the type of work subject to federal prevailing wage requirements, PARTIES will conform to the provisions of the Davis- Bacon and Related Acts, 40 U.S.C. §§ 3141-3148.

When applicable, PARTIES will include federal prevailing wage requirements in contracts for public works. WORK performed by a PARTY’s employees is exempt from federal prevailing wage requirements.
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SIGNATURES
PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT.

The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
Gregory Farr
Acting Deputy District Director,
Program/Project Management
Verification of funds and authority:

Vickie Murphy
District Budget Manager

CITY OF OXNARD
John Zaragoza
Mayor
Attest:

Rose Chaparro
City Clerk
Approved as to form and procedure:

Stephen M. Fischer
City Attorney
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CLOSURE STATEMENT INSTRUCTIONS

1. Did PARTIES complete all scope, cost and schedule commitments included in this AGREEMENT and any amendments to this AGREEMENT?

YES / NO

2. Did CALTRANS accept and approve all final deliverables submitted by other PARTIES?

YES / NO

3. Did the CALTRANS HQ Office of Accounting verify that all final accounting for this AGREEMENT and any amendments to this AGREEMENT were completed?

YES / NO

4. If construction is involved, did the CALTRANS District Project Manager verify that all claims and third-party billings (utilities, etc.) have been settled before termination of the AGREEMENT?

YES / NO

5.Did PARTIES complete and transmit the As-Built Plans, Project History File, and all other required contract documents?

YES / NO
If ALL answers are “YES”, this form may be used to TERMINATE this AGREEMENT. 287
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CLOSURE STATEMENT
PARTIES agree that they have completed all scope, cost, and schedule commitments included in Agreement 07-5237 and any amendments to the agreement. The final signature date on this document terminates agreement 07-5237 except survival articles. All survival articles in agreement 07-5237 will remain in effect until expired by law, terminated or modified in writing by the PARTIES’ mutual agreement, whichever occurs earlier.

The people signing this agreement have the authority to do so on behalf of their public agencies.

The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
District Director
Date:

CITY OF OXNARD
Title TBD
Date:
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LEGEND
RIGHT-OF-WAY EXHIBIT (ALT-2)
US-101 / WAGON WHEEL ROAD OFF-RAMP
289

CITY COUNCIL OF THE CITY OF
RESOLUTION NO._______

RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE FORTHCOMING CALTRANS COOPERATIVE AGREEMENT 07-5238 FOR U.S. 101 EXIT 63A OFF-RAMP CONSTRUCTION (AGREEMENT NO. A-8349)
WHEREAS, Oxnard CRFL Partners, LLC, (Developer) is the owner of and is developing real property in the City known as The Village Specific Plan (Wagon Wheel); and WHEREAS, The City and Developer entered into Development Agreement No. A-7122, dated January 27, 2009, First Amendment to Development Agreement, dated July 28, 2015, and Second Amendment to Development Agreement, dated December 1, 2020 and recorded on March 30, 2021; and WHEREAS, The City approved Planning and Zoning Permit 19-300-01, pursuant to Resolution No. 15,396, subject to conditions of approval including Condition 193 that Developer shall design and re- construct the Highway 101 off-ramp for a right turn only movement in compliance with Caltrans’ approval concurrent with design and construction of Wagon Wheel Road from Cactus Drive to Ventura Road (i.e., Exit 63A Ventura Road); and
WHEREAS, Caltrans requires a Cooperative Agreement for this improvement; and WHEREAS, the Draft Cooperative Agreement 07-5238/A-8349 for the U.S. 101 Ventura Road Exit 63A is pending Caltrans Headquarters approval, and upon receipt of the final agreement, the City Attorney will determine if there are no revisions or that any such revision is deemed immaterial, Mayor or his designee may execute the finalized agreement.

NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Oxnard, as follows:

1. The foregoing recitals are true and correct and are incorporated by reference as though fully set forth herein to this resolution.

3. The City Council authorizes the Mayor or his designee to execute Caltrans Cooperative Agreement 07-5238/A-8349
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Resolution No.

Page No. 2
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 Fischer, City Attorney
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Memorandum of Understanding and
Caltrans Cooperative Agreements for the
Village Specific Plan (Wagon Wheel)
Berm/Flood Protection and
U.S.101 Ventura Road Off-Ramp Projects
Public Works and Transportation Committee
September 27, 2022
Tatiana Arnaout
City Engineer
292
That the Public Works and Transportation Committee recommend that the City Council approve and authorize the following:

1. The Mayor to execute a Memorandum of Understanding with Oxnard CRFL Partners, LLC, for Caltrans Right of Way
Improvements (Agreement No. A-8497);

2. The Mayor to execute Caltrans Cooperative Agreement
07-5237 for Berm Construction (Agreement No. A-8348); and

3. Adopt a Resolution Authorizing the Mayor to Execute
forthcoming [Draft] Caltrans Cooperative Agreement 07-5238 for U.S. 101 Exit 63A Off-Ramp Construction (Agreement No.

A-8349).

RECOMMENDATION 2
293
Oxnard CRFL Partners, LLC, (Developer) is the owner of and is developing real property in the City known as The Village Specific Plan (Wagon Wheel).

The City and Developer entered into Development Agreement No. A-7122 in 2009, which was later amended in 2015 and 2020.

The City approved Planning and Zoning Permit 19-300-01, pursuant to Resolution No. 15,396, subject to conditions of approval.

BACKGROUND 3
294
Condition 117 directs the Developer to construct flood protection improvements along the Project’s Ventura Road frontage to provide protection from flooding by the Santa Clara River.

This improvement is located in State right of way.

BACKGROUND 4
295
Condition 193 directs the Developer to design and re-construct the U.S. 101 off-ramp at Ventura Road Exit 63A.

This improvement is located
in State right of way.

BACKGROUND 5
296
BACKGROUND 6

OFF RAMP
BERM
297
The City is providing assistance to the Developer to secure Caltrans encroachment permits.

Through this process, Caltrans deemed the work as “complex,” and is requiring a Cooperative Agreement for each improvement.

Caltrans does not execute Cooperative Agreements with private developers, therefore the City is recognized as the implementing agency.

In order to define the Developers role, which is silent in the Cooperative Agreements, the City prepared a Memorandum of Understanding (MOU), A-8497.

DISCUSSION 7
298
MOU A-8497 City responsibilities:
• Freeway maintenance agreement (completed April 6, 2022) • Signatory for the Right of Way Certification, Utility Policy Certification, and Encroachment Permits
• Accept future Caltrans relinquished right of way*
*Staff will return to Council to obtain approval for the relinquishment, located south of the U.S. 101 freeway and approximately 437’ between the new stop-controlled off-ramp and Ventura Road (exhibit attached).

DISCUSSION - MOU between City and Developer 8
299
MOU A-8497 Developers responsibilities:
• Funding the projects
• Hazardous material site investigation, decision document • Right of Way engineering, utility agreements
• Draft encroachment permit applications for City signature • Compliance with environmental requirements
• Construction Plans, Specifications & Estimates
• Bidding, advertising, construction, construction management • Final drawings and as-built plans
DISCUSSION - MOU between City and Developer 9
300
Cooperative Agreement 07-5237/A-8348 - Berm/Floodwall
Work includes:
• Planted vegetation
• Fencing
• Landscaping
• Irrigation
• Abandonment of
existing utilities
This agreement has been approved by Caltrans Headquarters and is attached for signature.

DISCUSSION - Cooperative Agreement between City and Caltrans 10 Draft Plan
BERM
301
Cooperative Agreement 07-5238/A-8349 - Ventura Exit 63A Work includes:
• Modify geometry
• Remove traffic signal and
replace with stop signs
• Convert two-way traffic
from the off-ramp to
Ventura Road to one-way
• Traffic signal and intersection
modifications at Ventura Road
and Wagon Wheel Road
This agreement is pending approval by Caltrans Headquarters. (draft attached).

DISCUSSION - Cooperative Agreement between City and Caltrans 11 302
There are no direct fiscal impacts with the recommended actions.

FINANCIAL IMPACT 12
303

QUESTIONS
13 304