Oxnard City Council
October 4, 2022

Written materials relating to an item on this agenda that are distributed to the legislative bodies within 72 hours before the item is to be considered at its regularly scheduled meeting will be made available for public inspection at the City Clerk’s Office, 300 West Third Street 4th Floor during customary business hours. Agenda reports are also on the City of Oxnard web site at www.oxnard.org.

In compliance with the Americans with Disabilities Act, if you require special assistance to participate in a meeting, please contact the City Clerk’s Office at 385-7803. Notice at least 72 hours prior to the meeting will enable the City to reasonably arrange for your accessibility to the meeting.

Agenda Item time estimates: (Presentation / Council Discussion / Public Comment) AGENDA

OXNARD CITY COUNCIL

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY

OXNARD FINANCING AUTHORITY

OXNARD HOUSING AUTHORITY
Meeting Location: Council Chambers, 305 West Third Street October 4, 2022
Appointment Items - 5:00 PM
Regular Meeting - 6:00 PM

Zoom details to call-in for public comment during a meeting:

1. Dial Phone Number: (888) 475-4499

2. Enter Meeting ID: 864 5082 8680

3. Passcode: 624264
If you wish to speak during public comments or a particular item on the agenda, please sign-on by following the zoom calling-n steps listed above. Once the presiding officer calls for public speakers, press *9 to raise your hand to inform the City Clerk you would like to speak during the public speaking section for that particular item on the agenda, while in the zoom waiting room.

IN ACCORDANCE WITH ASSEMBLY BILL 361 AND IN RESPONSE TO THE DECLARED STATE AND

LOCAL EMERGENCIES DUE TO THE NOVEL CORONAVIRUS, THE LEGISLATIVE BODY WILL MEET IN- PERSON AND REMOTELY. TO PARTICIPATE REMOTELY VISIT WWW.OXNARD.ORG.

To find out how you may provide public comment, please refer to the instructions below or at www.https://www.oxnard.org/city-meetings/.

The public may view the meeting from home on Spectrum channel 10, Frontier channel 35, or YouTube at Youtube.com/oxnardnews.

Video recordings of the meeting are typically available online following the meeting at the City’s website at www.oxnard.org/city- meetings.
*Please see the link for the Measure M pre-recorded presentation video for each item listed on this agenda.

YOU MAY PARTICIPATE IN THE MEETING IN THE FOLLOWING WAYS:

1. ATTEND THE MEETING AT THE LOCATION LISTED ABOVE: Submit a speaker card to the City Clerk.

2. EMAIL COMMENTS OR SIGN UP TO SPEAK REMOTELY BEFORE THE MEETING

a. Submit a request to speak remotely by no later than 3 p.m. on the day of the meeting by using the form available at www.oxnard.org/citymeetings.
b. Submit an email to [email protected] no later than 3 p.m. on the day of the meeting (indicate the agenda item number in the subject line). All email correspondence will be forwarded to the legislative body prior to the start of the meeting and made part of the legislative record.
c. Contact the City Clerk’s Office at (805) 385-7803 to submit your request.

1 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY October 4, 2022 PAGE 2

3. PROVIDING PUBLIC COMMENTS REMOTELY DURING THE MEETING

a. To provide public comment during the meeting dial (888) 475-4499 and enter the Meeting ID and Passcode listed above as the Zoom details for this meeting. When the presiding officer announces the particular item on the agenda you want to speak on, press *9 to raise your hand while in the zoom waiting room. Once called on, press *6 to unmute your phone.
b. Public comments on agenda items will be taken following the announcement of the item. After the item is announced, members of the public may register or otherwise be recognized for the purpose of providing public comment.

Please review the Zoom instructions on the registration page to help ensure there are no technical difficulties during your comments and help you understand public comment procedures using Zoom. Detailed participation instructions can be found at www.oxnard.org/city-meetings.

In the event of a disruption which prevents a legislative body of the City of Oxnard from broadcasting a meeting using a call- in option or internet-based service option, or in the event of a disruption within the City’s control which prevents members of the public from offering public comment using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on a meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. However, if any of the broadcast options are disrupted, but any of the other broadcast options is still available to the public, the legislative body may take further action on items appearing on a meeting agenda without waiting for the disrupted broadcast option(s) to be restored.

* The City has filed pre-election and post-election lawsuits regarding the validity of Measure M.

A. ROLL CALL, POSTING OF AGENDA
THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council

B. APPOINTMENT ITEMS (5:00 PM)

1. City Manager Department
SUBJECT: Gold Coast Transit District Annual Report and Public Transit Update.

RECOMMENDATION: That the City Council receive a verbal report and presentation from Vanessa Rauschenberger, General Manager, Gold Coast Transit District.

Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430
C. OPENING CEREMONIES (6:00 PM)
Pledge of allegiance to the flag of the United States.

D. CEREMONIAL ITEMS

1. SUBJECT: Presentation of a Proclamation Designating the Month of October, 2022 as "Domestic Violence Awareness Month."

2. SUBJECT: Presentation of a Proclamation Designating the Month of October, 2022 as "Breast Cancer Awareness Month."

3. SUBJECT: Presentation of a Proclamation Designating the Week of October 9 - 15, 2022 as "Fire Prevention Week."

4. SUBJECT: Presentation of a Proclamation Designating October 10, 2022 as "Indigenous People's Day."

E. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
2 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY October 4, 2022 PAGE 3

A person may address the legislative body only on matters not appearing on the agenda and within the subject matter jurisdiction of the legislative body. Speaker requests shall be submitted as set forth on the first page of this agenda. Speakers are limited to three minutes. After 30 minutes, if all speakers have not had the opportunity to speak, the remaining speakers will be given an opportunity to speak prior to adjournment of the meeting. The legislative body cannot enter into a detailed discussion or take action on any items presented during public comments at this time. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion. Persons wishing to speak on public hearing items should do so at the time of the hearing.

F. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY

The City Manager/Executive Director/Secretary shall report on items of interest to the legislative body occurring since the last meeting. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion.

1. Public Works Department
SUBJECT: Ratification of Director Orders regarding the water shortage emergency and mandatory water conservation measures.

RECOMMENDATION: That the City Council adopt a resolution ratifying orders issued by the Director in response to the previously proclaimed water shortage emergency and mandatory water conservation measures.

Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

2. City Manager Department
SUBJECT: COVID-19 Update from Director of Emergency Services.

RECOMMENDATION: That the City Council re-authorize remote teleconference meetings of the legislative bodies of the City of Oxnard in accordance with Assembly Bill 361 based on the following findings: (i) the current COVID-19 situation, particularly with its variants, is causing, and will continue to cause, imminent risks to the health and safety of persons within the City, including City Council members, City staff, appointed officials, and members of the public; (ii) state and local officials continue to impose or recommend measures to promote social distancing; and (iii) the Governor's COVID-19 State of Emergency is still in effect; and (iv) numerous public agencies throughout Ventura County are still operating in accordance with Assembly 361, for the reasons stated herein.

Legislative Body: City Council
Contact: Stephen Fischer, (805) 385-7483
G. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY

BUSINESS/COMMITTEE REPORTS

At this time, a member of the legislative body may make a brief announcement, or make a brief report on his or her activities. Further, members of the legislative body may request to schedule consideration of whether to place an item on a future agenda. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. The member's report shall not exceed three minutes, unless additional time is granted by the presiding officer.

1. City Manager Department
3 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY October 4, 2022 PAGE 4
SUBJECT: Appointment of Member to Serve on the City's Parks, Recreation and Community Services Commission.

RECOMMENDATION: That the Mayor, with the approval of the City Council, appoint Ismael Paredes Ulloa to the City's Parks, Recreation and Community Services Commission representing District 3.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/iLS6_Y3SlsI
Legislative Body: City Council
Contact: Shiri Klima, (805) 385-7487
H. REVIEW OF INFORMATION/CONSENT AGENDA
The members of the legislative body will consider whether to remove Information/Consent Agenda items for discussion later during the meeting.

I. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
At this time, a person may address the legislative body only on matters appearing on the information/consent agenda. The presiding officer shall limit public comments to three minutes.

J. INFORMATION/CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of the July 28, 2022 regular meeting as presented.

Legislative Body: City Council
Contact: Rose Chaparro, (805) 385-7805

2. Housing Department
SUBJECT: Letter of Support for Many Mansions State Funding Application.

RECOMMENDATION: That the City Council authorize the Mayor to sign a letter of support for Many Mansions in an application for state funding in support of Aspire Apartments located at 536 Meta Street.

(This item did not originate in Committee.)
Legislative Body: City Council
Contact: Emilio Ramirez, (805) 385-8094

3. Public Works Department
SUBJECT: Professional Services Agreement A-8491 with Tetra Tech, Inc. for Professional Engineering Services for the Kamala and Hobson Cast Iron Pipe Replacement Project PW 22-83.

RECOMMENDATION: That the City Council approve and authorize the following for a total of $935,000 in Project funds for the Kamala and Hobson Cast Iron Pipe Replacement Project, Specification No. PW 22-83 (Project No. 226502 & 226503):

1. The Mayor to execute Professional Services Agreement A-8491 with Tetra Tech, Inc. for professional engineering services in the amount of $850,000 for the Project; and

2. A Project contingency amount of $85,000 for the Project. 4 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY October 4, 2022 PAGE 5

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

Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

4. Public Works Department
SUBJECT: Agreement A-8495 with Toro Enterprises, Inc. for the Water and Wastewater On-Call Construction and Repair Services Project, Specification No. PW 22-125.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute Agreement A-8495 with Toro Enterprises, Inc. in the amount not to exceed $10,300,000 for a 5- year term ending October 17, 2027, for the Water and Wastewater On-Call Construction And Repair Services Project, Specification No. PW 22-125.

(Public Works and Transportation Committee approved 3-0) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

5. Finance Department
SUBJECT: Resolution Declaring the Intent of the City to be Reimbursed for Certain Capital Expenditures from the Proceeds of Indebtedness.

RECOMMENDATION: That the City Council adopt a resolution declaring the intent of the City to be reimbursed for certain capital expenditures for the acquisition and equipping of fire vehicles from the proceeds of indebtedness.

(Finance and Governance Committee approved 3-0.)
Legislative Body: City Council
Contact: Betsy George, (805) 200-5400
K. PUBLIC HEARINGS

1. Community Development Department
SUBJECT: Approval of Amended 2021-2029 6th Cycle Housing Element. (0/15/20)

RECOMMENDATION: That the City Council:

1. Conduct a public hearing;

2. Adopt a resolution approving the Amended 2021-2029 6th Cycle Housing Element as Chapter 8 within the 2030 General Plan; and

3. Direct City Staff to finalize the Amended 2021-2029 6th Cycle Housing Element into the 2030 General Plan as Chapter 8 of Goals and Policies document and forward the Amended 2021-2029 Housing Element to the State of California Department of Housing and Community Development (HCD) for certification.

(This item did not originate in Committee.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/86NPsCh52Go
5 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY October 4, 2022 PAGE 6
Legislative Body: Council
Contact: Ashley Golden, (805) 385-7478
L. ADJOURNMENT

6 CITY COUNCIL AGENDA REPORT

REPORT OF CITY MANAGER/EXECUTIVE

DIRECTOR/SECRETARY
AGENDA ITEM NO. F.1

DATE: October 4, 2022

TO: City Council

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

SUBJECT: Ratification of Director Orders regarding the water shortage emergency and mandatory water conservation measures.

RECOMMENDATION

That the City Council adopt a resolution ratifying orders issued by the Director in response to the previously proclaimed water shortage emergency and mandatory water conservation measures.

BACKGROUND

STRATEGIC PRIORITIES

FINANCIAL IMPACT

There is no financial impact.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Michael Wolfe, Public Works Director

ATTACHMENTS
None
7 CITY COUNCIL AGENDA REPORT

REPORT OF CITY MANAGER/EXECUTIVE

DIRECTOR/SECRETARY
AGENDA ITEM NO. F.2

DATE: October 4, 2022

TO: City Council

FROM: Stephen Fischer, City Attorney, (805) 385-7483, [email protected]

SUBJECT: COVID-19 Update from Director of Emergency Services.

RECOMMENDATION

That the City Council re-authorize remote teleconference meetings of the legislative bodies of the City of Oxnard in accordance with Assembly Bill 361 based on the following findings: (i) the current COVID-19 situation, particularly with its variants, is causing, and will continue to cause, imminent risks to the health and safety of persons within the City, including City Council members, City staff, appointed officials, and members of the public; (ii) state and local officials continue to impose or recommend measures to promote social distancing; and (iii) the Governor's COVID-19 State of Emergency is still in effect; and (iv) numerous public agencies throughout Ventura County are still operating in accordance with Assembly 361, for the reasons stated herein.

BACKGROUND

Staff recommends that the City Council re-authorize remote teleconference meetings of the legislative bodies of the City of Oxnard in accordance with Assembly Bill 361 based on the following findings: (i) the current COVID-19 situation, particularly with its variants, is causing, and will continue to cause, imminent risks to the health and safety of persons within the City, including City Council members, City staff, appointed officials, and members of the public; (ii) state and local officials continue to impose or recommend measures to promote social distancing; and (iii) the Governor's COVID- 19 State of Emergency is still in effect; and (iv) numerous public agencies throughout Ventura County are still operating in accordance with Assembly 361, for the reasons stated herein.

STRATEGIC PRIORITIES

This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.

FINANCIAL IMPACT

There is no financial impact.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Jason Zaragoza, Deputy City Attorney

ATTACHMENTS
None
8 CITY COUNCIL AGENDA REPORT

CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR

AGENCY/FINANCING AUTHORITY

BUSINESS/COMMITTEE REPORTS
AGENDA ITEM NO. G.1

DATE: October 4, 2022

TO: City Council

FROM: Shiri Klima, Deputy City Manager, (805) 385-7487, [email protected]

SUBJECT: Appointment of Member to Serve on the City's Parks, Recreation and Community Services Commission.

RECOMMENDATION

That the Mayor, with the approval of the City Council, appoint Ismael Paredes Ulloa to the City's Parks, Recreation and Community Services Commission representing District 3.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/iLS6_Y3SlsI

BACKGROUND

Oxnard City Code section 2-36 states that the Mayor, with the approval of the City Council, shall appoint the members of each Citizen Advisory Group (CAG), including the Parks, Recreation and Community Services Commission. The process is outlined in that provision, including nomination by each Council member congruent with his or her term in office.

Section 2-37 states that each commissioner shall undergo the City’s formal background check procedures before appointment.

DISCUSSION

The Parks, Recreation and Community Services Commission (PRCSC) is concerned with all matters pertaining to the parks, recreation and community services activities in the City and serves as a liaison between the City Council and the community on such matters. The Commission is composed of seven members, all of whom must reside in the City and be over the age of 18. For this purpose, Councilmember Madrigal nominates Ismael Paredes Ulloa to represent D3. This individual has passed the City’s formal background check procedures.

Staff will return on a rolling basis with additional Council nominations to fill the remaining vacancies in the City’s commissions, committees and boards.

STRATEGIC PRIORITIES

This agenda item supports the Quality of Life strategy. The purpose of the Quality of Life strategy is to restore and increase quality services and programs that enrich Oxnard's diverse community, promotes safe neighborhoods, encourages community engagement, and supports our residents in their efforts to improve their quality of life.

FINANCIAL IMPACT

There is no financial impact.

COMMITTEE OUTCOME
9 This item did not originate in Committee.

Prepared by: Samantha Shapiro, Project Manager

ATTACHMENTS

1. Appointment of Member to Serve on the PRCSC Presentation 10 Samantha Shapiro, Project Manager
Appointment of Member to Serve
on the City’s Parks, Recreation
and Community Services
Commission
City Council
October 4, 2022
11 RECOMMENDATION 2
That the Mayor, with the approval of the City Council, appoint Ismael Paredes Ulloa to the City’s Parks, Recreation and Community Services Commission representing District 3.
12 3

PARKS, RECREATION AND COMMUNITY SERVICES COMMISSION
Function
Is concerned with all matters pertaining to the parks, recreation and community services activities in the City and serves as a liaison between the City Council and the community on such matters.

Requirements 7 members must reside in City and be over age 18 Nomination Councilmember Madrigal nominates Ismael Paredes Ulloa (D3) 13 THE END
4 14

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.1

DATE: October 4, 2022

TO: City Council

FROM: Rose Chaparro, City Clerk, (805) 385-7805, [email protected]

SUBJECT: Approval of Minutes.

RECOMMENDATION

That the City Council approve the minutes of the July 28, 2022 regular meeting as presented.

BACKGROUND

Approval of Minutes.

STRATEGIC PRIORITIES

This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.

FINANCIAL IMPACT

There is no financial impact.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Rose Chaparro, City Clerk

ATTACHMENTS

1. MINUTES 07 28 2022 CC Regular Meeting
15 MINUTES

OXNARD CITY COUNCIL
Regular Meeting
July 28, 2022

A. At 4:32 p.m., Mayor John C. Zaragoza called to order the regular meeting of the Oxnard City Council (concurrently with the Oxnard Housing Authority), in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California. The City Clerk called the roll and announced the posting of the agenda Councilmembers Gabriela Basua, Oscar Madrigal, Bert E. Perello, Gabriel (Gabe) Teran, Mayor Pro Tem Bryan A. MacDonald, and Mayor John C. Zaragoza were present.

Housing Authority Commissioner Jose Andrade joined the meeting at 6:00 p.m. Commissioner Francisco Vega was absent.

Councilmember Vianey Lopez joined the meeting at 6:31 p.m.

Staff members present in person were Alexander Nguyen, City Manager; As hley Golden, Assistant City Manager; Shiri Klima, Deputy City Manager; Stephen M. Fischer, City Attorney; Kenneth Rozell, Chief Assistant City Attorney; Jason Benites, Police Chief ; Michael Wolfe, Public Works Director; Steve Howlett, Assistant Public Wor ks Director; Tatiana B. Arnaout, P.E., City Engineer; Abraham Maldonado, Water Resources Manager; Renee Hatcher, Management Analyst; Vyto Adomaitis, Community Development Director; Joe Pearson II, AICP, Senior Planner; Emilio Ramirez, Housing Director; Helen Miller, Chief Information Officer; Adam Smith, Project Manager; and Rose Chaparro, City Clerk.

Emanuela Mayer with the Superior Court of California, County of Ventura and Member of the Grand Jury Panel attended the meeting in person.

Staff membe r Alexander Hamilton, Fire Chief; Denise Shadinger, Assistant Chief of Police; Marc Amon, Police Commander; Mark Sewell, Assistant Chief Financial Officer ; Beth Vo, Assistant Chief Financial Officer; Jennifer Yates, Purchasing Manager ; Juanita Guzman, Adm inistrative Services Manager; and Samantha Shapiro, Project Manager participated via videoconference.

Todd Mooney, Successor Agency Counsel; Luis Hernandez, Senior Project Manager at Many Mansions; Hassan Mirsadeghi, Commercial Habitat Inc.; Scott Boydstu n, Rasmussen & Associates; Andy Bhatnagar, Kreative Core; Genevieve Flores-Haro, MPA, Associate Director with the Mixteco Indigena Community Organizing Project; and Vanessa Teran, Director of Policy with the Mixteco/Indigena Community Organizing Project; also participated via videoconference.

THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council, Community Development Commission Successor Agency, and Oxnard Housing Authority.

B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS (None received.)

C. CLOSED SESSION (4:30 PM)

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Government Code section 54956.9(d)(2))
Based on existing facts and circumstances, there is significant exposure to litigation against the City in one potential case regarding the claim filed by Jason Corona to recover costs of removing a tree from 16 July 28, 2022 OXNARD CITY COUNCIL PAGE 2

his property.

Legislative Body: City Council

At 4:35 p.m., the City Council recessed to a closed session. At 5:25 p.m., the City Council reconvened in open session in the Council Chambers. The City Attorney announced that there were no reportable actions out of closed session.

D. APPOINTMENT ITEMS (5:30 PM)

1. SUBJECT: Presentation by Mixteco Indigena Community Organizing Project (MICOP) on the Mixteco/Indigenous migrant community in Oxnard.

Genevieve Flores-Haro, MPA, Associate Director with the Mixteco Indigena Community Organizing Project and Vanessa Teran, Director of Policy with the Mixteco/Indigena Community Organizing Project gave a presentation to Council and answered questions.

E. OPENING CEREMONIES (6:00 PM)
The flag salute was followed by a moment of silence.

F. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA

Public comments were received from Ray Blattel ( Landscape Maintenance District – requested that staff provide additional information for the multiple element public records request s submitted), Lawrence Stein (Aquatic Center and Sports Park at College Park), Roger Poirier, Parks, Recreation and Community Services Commissioner (Campus Park – Oxnard Parks and Recreation Master Plan ), and Eduardo Huerta (Oxnard Police Activities (PAL)).

G. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY

City Manager Nguyen provided community updates on the COVID-19 pandemic and the mobile vaccine clinics. He also announced the upcoming 2022 Dallas Cowboys Training Camp schedule and special events. City Manager Nguyen r eported on the s treets and alleys pavement improvements and the Ormond Beach Generating Station.

1. Public Works Department
SUBJECT: Reconsideration of Local Emergency and Ratification of Director Orders Regarding the Water Shortage Emergency and Mandatory Water Conservation Measures.

RECOMMENDATION: That the City Council :

1. Adopt Resolution #15,609 confirming the need to continue the local emergency declared on May 17, 2022 due to water shortage emergency conditions;

2. Ratify director orders, if any, modifying mandatory water conservation measures; and

3. Authorize the Mayor and the Chair of the Public Works and Transportation Committee to sign letters to regional water agencies regarding drought related issues on the City Council's behalf.

Michael Wolfe, Public Works Director presented and answered questions. Public comments were received from Lawrence Stein (drought , water system, recycle waste water, and source of new water ). Discussion ensued among the Council and staff.
17 July 28, 2022 OXNARD CITY COUNCIL PAGE 3

It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Perello, to approve the recommended a ction as presented. VOTE: Basua, Lopez, MacD onald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion passed 7-0.

H. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY

BUSINESS/COMMITTEE REPORTS

Councilmember Lopez r eminded residents to attend the upcoming Aquatic Center meetings and to complete the survey.

Councilmember Teran will attend the O xnard Police Department National Night Out event which is being hosted by t he Carriage Square and RiverPark Neighborhood Councils . He attended the Riverpark Neighborhood Council meeting. He also thanked the P ublic Works Department staff for the improvements done to the intersection l ocated at Doris Avenue and Ventura Road. The pedestrian crosswalks are being repainted , the signs are being replaced with new traffic signage, and lead time was added for pedestrians to cross the street.

Councilmember Madrigal thanked staff for their assistance in resolving issues in the Rose Park Neighborhood. He attended an event and presented to local students from the South Oxnard, Colonia, Rose Park a nd other surrounding neighborhoods about a ttending college and his career. He congratulated and thanked staff for their work on the Housing Element and for r eceiving a positive report from the State Department. He reported receiving requests by residents asking to conside r replacing the grass with turf at City parks to save water and maintenance costs.

Councilmember Basua reminded residents to atte nd the upcoming Aquatic Center D esign process meetings being held at the South Oxnard Center.

Councilmember Perello spoke about the public speeding through the neighborhood streets which i s dangerous. He requested that the City organize a meeting to discuss speed bumps.

Mayor Zaragoza , Councilmember Lopez , an d Planni ng Commissioner Steve Nash met with Walter Fuller at Ormond Beach a s well as the Nature Conser vancy, Friends of Ormond Beach, and other members of the community. T he Mayor thanked the R ecreation & C ommunity Se rvices Parks Division for the maintenance work being done at Ormond Beach fronting the Ormond Wetlands and coastal farmlands.

1. City Manager Department SUBJECT: Appointment of Member to Serve on the City's Cultural Arts Commission.

RECOMMENDATION: That the Mayor, with the approval of the City Council, appoint Teodoro Lopez to the Cultural Arts Commission to represent District 1.

It was moved by Mayor Pro Tem MacDonald , seconded by Councilmember Basua, to approve the recommended action as presented. VOTE: Basua, Lopez, MacD onald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion passed 7-0.

2. Human Resources Department
18 July 28, 2022 OXNARD CITY COUNCIL PAGE 4

SUBJECT: Amendments to City Manager and City Attorney Employment Agreements.

RECOMMENDATION: That the City Council:

1. Adopt Resolution #15,610 approving and authorizing the Mayor to execute the Second Amendment to the employment agreement (No. A-8087) between the City and City Manager Alexander Nguyen to 1) provide a salary increase of 12% ($34,200), and 2) to extend the term of his contract by 5 years to July 8, 2029, with no built-in raises for the extension.

2. Adopt Resolution #15,611 approving and authorizing the Mayor to execute the Third Amendment to the employment agreement (No. A-7880) between the City and City Attorney Stephen Fischer to 1) provide a salary increase of 10% ($24,853), 2) to extend the term of his contract by 4 years to July 8, 2027, subject to base salary increases for Executive Employees established by City Council resolution, and 3) modify severance upon termination from 6 month’s salary paid monthly with benefits to 9 month’s salary paid as a lump sum.

3. Adopt Resolution #15,612
of the City Council of the City of Oxnard amending Resolution No. 15,594 authorizing and approving classification and salary schedules pursuant to Chapter 4 of the City Personnel Rules and Regulations.

Steve Naveau, Human Resources Director was available to answer questions. Public comments were received from Lawrence Stein , Pat Brown, Nancy Lindholm - Chair of the Business A lliance, Manuel Herrera, and Eduardo Huerta.

It was moved by Mayor Zaragoza, seconded by Mayor Pro Tem MacDonald, to approve the recommended action as presented. VOTE: Basua, Lopez, MacD onald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion passed 7-0.

I. REVIEW OF INFORMATION/CONSENT AGENDA
Items K-1 through K-9 were discussed among the Council and staff.

J. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
Public comments were received from Pat Brown (K.1).

K. INFORMATION/CONSENT AGENDA

1. City Clerk Department SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of the June 21, 2022 regular meeting as presented.

2. Police Department SUBJECT: Office of Traffic Safety STEP Grant.

RECOMMENDATION: That the City Council adopt Resolution #15,613 authorizing:

1. The City Manager to apply for $500,000 in grant funds from the State of California, Office 19 July 28, 2022 OXNARD CITY COUNCIL PAGE 5

of Traffic Safety (OTS), to be used for the FY 2022-2023 Selective Traffic Enforcement Program (S.T.E.P.);

2. The City Manager or designee to execute grant agreements and appropriate funds upon confirmation of grant award;

3. The Chief Financial Officer or designee to submit financial reports and grant claims and approve budget appropriations for use of OTS funds; and

4. The Chief of Police or designee to submit all program related progress or status reports.

3. Public Works Department
SUBJECT: Agreement A-8489 to JTEC Corporation for Community Center Park East Restroom Project, Specification No. PW 22-116.

RECOMMENDATION: That the City Council approve and authorize the following for a total of $354,600 in Project funds for the Community Center Park East Restroom Project, Specification No.

PW 22-116 (No. 185701):

1. The Mayor to execute Agreement A-8489 with JTEC Corporation in the amount of $295,500 for the Project;

2. A Project contingency amount of $29,550 for the Project; and

3. A Project allocation amount of $29,550 for engineering, inspection, survey and project management for the Project.

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

4. Police Department
SUBJECT: Resolution Commending Robin Whitney for over Twenty-Seven Years of Outstanding Service to the City of Oxnard.

RECOMMENDATION: That the City Council adopt Resolution #15,614 commending Robin Whitney for over Twenty-Seven Years of Service to the City of Oxnard Police Department.

5. Information Technology Department SUBJECT: Infrastructure Investment and Jobs Act (IIJA) Grant Application.

RECOMMENDATION: That City Council adopt Resolution #15,615 authorizing:

1. The submittal of a grant application to the Federal Emergency Management Agency (FEMA) for a $500,000 grant funding, subject to use of City matching funds, through the Infrastructure Investment and Jobs Act (IIJA) for the purpose of investing in cybersecurity technology for systems used throughout the City;

2. The City Manager or Chief Information Officer, to execute all grant documents, applications, agreements, amendments and requests for payment, necessary to secure gr ant funds and implement the approved grant project for an amount not to exceed $500,000 in State of California IIJA 20 July 28, 2022 OXNARD CITY COUNCIL PAGE 6

cybersecurity grant funds;

3. The Chief Financial Officer to submit financial reports and grant claims and approve special budget appropriations for use of grant funds; and

4. The Chief Information Officer to submit non-financial reports.

6. Public Works Department
SUBJECT: Response to Grand Jury Report titled, "Cybersecurity of Water Providers in Ventura County."

RECOMMENDATION: That the City Council shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters under the Council's control related to the Ventura County Grand Jury Report "Cybersecurity of Water Providers in Ventura County" dated June 6, 2022, and that the Mayor shall also comment on the findings and recommendations, through the form titled "Response to the Grand Jury Report Form.

7. Finance Department
SUBJECT: Approval of Four Annual Citywide Blanket Purchase Orders with amounts greater than $200,000 each.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute Blanket Purchase Orders with Amazon Business for $300,000, Grainger, Inc. for $250,000, Offi ce Depot for $225,000, and Tri -County Office Furniture for $250,000, each utilizing competitively bid and awarded cooperative agreements for daily operations for a period of July 1, 2022, to June 30, 2023.
(Finance and Governance Committee approved 3-0.)

8. Human Resources Department
SUBJECT: Second Amendments to Gallagher Benefit Services Agreements for Recruitment, Classification and Market Study.

RECOMMENDATION: That the City Council:

1. Approve and authorize the Mayor to execute the Second Amendment to Agreement Number 9109-21-HR with Gallagher Benefit Services for services related to classification and market study for an increase of $75,000 for a total contract amount not to exceed $150,000 and extending the agreement to December 31, 2022; and

2. Approve and authorize the Mayor to execute the Second Amendment to Agreement Number 9338-21-HR with Gallagher Benefit Services for recruitment services for an increase of $100,000 for a total contract amount not to exceed $200,000 and extending the agreement to June 30, 2023.

9. City Attorney Department
SUBJECT: Adoption of Single-use Foodware Accessories and Standard Condiments Ordinance No. 3017.

RECOMMENDATION:

That the City Council adopt Ordinance No. 3017 title d: “AN ORDINANCE OF THE CITY 21 July 28, 2022 OXNARD CITY COUNCIL PAGE 7

COUNCIL OF THE CITY OF OXNARD ADDING ARTICLE XXIV TO CHAPTER 7 OF THE OXNARD CITY CODE IN COMPLIANCE WITH ASSEMBLY BILL NO. 1276, TO

RESTRICT THE DISTRIBUTION OF SINGLE- USE FOODWARE ACCESSORIES AND STANDARD CONDIMENTS”

It was moved by Mayor Pro Tem MacDonald , seconded by Councilmember Lopez, to approve the Information/Consent items as presented. VOTE: Basua, Lopez, MacD onald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion passed 7-0.

L. PUBLIC HEARINGS

1. City Manager Department
SUBJECT: Successor Agency and Many Mansions Purchase and Sale Agreement for 538 Meta Street for $1. (0/10/10)

RECOMMENDATION:

That the Oxnard Community Development Commission Successor Agency adopt Resolution CDCSA #41 titled “A Resolution of The Governing Board of The Oxnard Community Development Commission Successor Agency, Approving, and Recommending to The Ventura County Consolidated Oversight Board Approval of: (1) Entry By The Oxnard Community Development Commission Successor Agency Into a Proposed Purchase and Sale Agreement With Many Mansions; (2) A Grant Deed to Effectuate Said Purchase and Sale of Real Property; (3) The Remittance of the Net Purchase Price Proceeds Received By the Oxnard Community Development Commission Successor Agency After Close of Escrow to The Ventura County Auditor-Controller For Disposition to Taxing Entities; and (4) Related Actions.”

That the City Council:

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

2. Adopt Resolution #15,616 titled “A Resolution Of The City Council Of The City Of Oxnard (1) Making Findings And Taking Action Pursuant To The Provisions Of California Health And Safety Code Sections 33431 And 33433; (2) Approving: (A) The Sale And Transfer Of Certain Real Property From The Oxnard Community Development Commission Successor Agency To Many Mansions; (B) Entry By The Oxnard Community Development Commission Successor Agency And Many Mansions Into A Proposed Purchase And Sale Agreement; and (C) A Grant Deed To Effectuate Said Purchase And Sale Of Real Property; and (3) Approving Related Actions.”

The City Clerk announced the affidavit of publication and stated that no written communications were received. Adam Smith, Project Manager, was available to answer questions.

Mayor Zaragoza opened the public testimony portion of the public hearing. Public comments were received from Pat Brown.

22 July 28, 2022 OXNARD CITY COUNCIL PAGE 8

Without objection, the Council approved closing the public testimony portion of the public hearing.

Discussion ensued among the Council and staff.

First Vote: City Council of the City of Oxnard:

It was moved by Councilmember Teran , seconded by Councilmember Madrigal , to approve the recommended action as presented. VOTE: Basua, Lopez, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion passed 7-0.

Second vote: Oxnard Community Development Commission Successor Agency :

It was moved by Councilmember Teran , seconded by Councilmember Madrigal , to approve the recommended action as presented. VOTE: Basua, Lopez, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion passed 7-0.

2. Community Development Department

SUBJECT: Utility Easement Vacation; Planning and Zoning (PZ) Permit No. 22-660-01- A Resolution to vacate a thirty-eight (38) foot wide utility easement, totaling approximately 33,409 square feet located at 2700 and 2750 North Ventura Road, Oxnard, CA 93033 (APN 132-0-100- 095 & 132-0-100-085). (0/5/5)

RECOMMENDATION:

That the City Council:

1. Conduct a public hearing;

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

3. Adopt Resolution #15,617 to vacate its right, title and interest in a thirty-eight (38) foot wide utility easement, totaling approximately 33,409 square feet.

4. Authorize the Mayor to sign a Quitclaim Deed releasing City authority and/or rights to the access utility easement at such time that the appeal of the Fore Apartments project has been resolved in a manner that would allow the Fore Apartments project to move forward as proposed.
(This item did not originate in Committee.)
The City Clerk announced the affidavit of publication and stated that no written communications were received. Joe Pearson II, AICP, Senior Planner, was available to answer questions.

Mayor Zaragoza o pened the public testimony portion of the public hearing. No p ublic comments were received.

Without objection, the Council approved closing the public testimony portion of the public hearing.

Discussion ensued among the Council and staff.

It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Perello, to approve the recommended action as presented. VOTE: Basua, Lopez, MacDonald, Madrigal, Perello, Teran, and 23 July 28, 2022 OXNARD CITY COUNCIL PAGE 9

Zaragoza voted in favor; motion passed 7-0.

3. Community Development Department

SUBJECT: Subdivision of a 1.78 acre lot into two lots totaling 0.79 acre and 0.99 acre, located at 1600 Ives Avenue (APNs: 220-0-274-015, -025, -095). Filed by Hassan Amirsadeghi on behalf of the Philippine Center of Ventura County, property owner, 1600 Ives Avenue, Oxnard, California 93033. (0/5/5)

RECOMMENDATION: That the City Council:

1. Conduct a public hearing;

2. Find the project to be Categorically Exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15332 (Infill Development); and

3. Adopt Resolution #15,618 approving Planning and Zoning Permit No. 21-300-04 for a tentative parcel map, subject to certain findings and conditions. (This item did not originate in Committee.)

The City Clerk announced the affidavit of publication and stated that no written communicatio ns were received. Jay Dobrowalski, Senior Planner, was available to answer questions.

Mayor Zaragoza o pened the public testimony portion of the public hearing. No public comments were received.

Without objection, the Council approved closing the public testimony portion of the public hearing.

Discussion ensued among the Council and staff.

It was moved by Councilmember Madrigal , seconded by Councilmember Perello, to approve the recommended action as presented. VOTE: Basua, Lopez, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion passed 7-0.

M. REPORTS

1. City Treasurer
SUBJECT: City Treasurer’s Monthly Investment Report for the Period Ending June 30, 2022. (0/5/5)
RECOMMENDATION: That the City Council receive and file the report.

Phillip Molina, City Treasurer presented and answered questions. Public comments were received from Eduardo Huerta. Discussion ensued among the Council and staff. Report was received and filed, no formal action was required.

2. Human Resources Department SUBJECT: Memoranda of Understanding - Employee Bargaining Units. (0/10/5) RECOMMENDATION:

That the City Council of the City of Oxnard adopt the following Resolutions:
24 July 28, 2022 OXNARD CITY COUNCIL PAGE 10

1. Resolution #15,619 of the City Council of the City of Oxnard approving the successor Memorandum of Understanding between the City of Oxnard and the International Union of Operating Engineers and authorizing the City Manager or designee to take the necessary administrative actions to implement the agreement,

2. Resolution #15,620 of the City Council of the City of Oxnard approving the successor Memorandum of Understanding between the City of Oxnard and the Service Employees International Union and authorizing the City Manager or designee to take the necessary administrative actions to implement the agreement,

3. Resolution #15,621 of the City Council of the City of Oxnard approving the successor Memorandum of Understanding between the City of Oxnard and the Oxnard Peace Officers Association and authorizing the City Manager or designee to take the necessary administrative actions to implement the agreement,

4. Resolution #15,622 of the City Council of the City of Oxnard approving the benefits for the Executive and Unrepresented employees and authorizing the City Manager or designee to take the necessary administrative actions to implement the Resolution,

5. Resolution #15,623 of the City Council of the City of Oxnard amending Resolution number 15,594 authorizing and approving the classification and salary schedule pursuant to Chapter 4 of the City Personnel Rules and Regulations, and

6. Resolution #15,624
of the City Council of the City of Oxnard amending Resolution number 15,593 authorizing full time equivalent positions pursuant to Chapter 4 of the City Personnel Rules and Regulations.

Steve Naveau, Human Resources Director and Mike More, Human Resources Risk Manager presented and answered questions. Public comments were received from Ray Blattel . Discussion ensued among the Council and staff.

It was moved by Councilmember Perello, s econded by Councilmember Basua, to approve the recommended action as presented. VOTE: Basua, Lopez, MacD onald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion passed 7-0.

3. Human Resources Department SUBJECT: Memorandum of Understanding - Oxnard Mid-Managers Association. (0/10/5)

RECOMMENDATION:

That the City Council of the City of Oxnard adopt the following resolutions:

1. Resolution #15,625 of the City Council of the City of Oxnard approving the successor Memorandum of Understanding between the City of Oxnard and the Oxnard Mid-Managers Association and authorizing the City Manager or designee to take the necessary administrative actions to implement the agreement,

2. Resolution #15,626 of the City Council of the City of Oxnard amending Resolution number 15,594 authorizing and approving the classification and salary schedule pursuant to Chapter 4 of the City Personnel Rules and Regulations, and

3. Resolution #15,627 of the City Council of the City of Oxnard amending Resolution number 15,593 authorizing full time equivalent positions pursuant to Chapter 4 of the City Personnel Rules and Regulations.

25 July 28, 2022 OXNARD CITY COUNCIL PAGE 11

Steve Naveau, Human Resources Director presented and answered questions. Public comments were received from Ray Blattel, Lauren Bueling (OMMA Representative), Karl Lawson (OMMA Representative), and George Van Hemert. Discussion ensued among the Council and staff.

It was moved by Councilmember Lopez, s econded by Councilmember Teran, to approve the recommended action as presented. VOTE: Basua, Lopez, MacD onald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion passed 7-0.

4. City Manager Department
SUBJECT: Reconsideration of Successor Agency and Oxnard Housing Authority Properties in the Meta Street Area. (0/10/10)

RECOMMENDATION:

1. That the Board of Commissioners of the Housing Authority of the City of Oxnard upholds their October 5, 2021, decision to enter into a Purchase and Sale Agreement with the Oxnard Community Development Commission Successor Agency for property located on 6th and 7th streets adjacent to Meta Street (APNs 201-0-213-140, 201-0-272-030, 201-0-272-020, and 201-0- 213-130).

2. That the Oxnard Community Development Commission Successor Agency:
i. Upholds their October 5, 2021, decision to enter into a Purchase and Sale Agreement with the Housing Authority of the City of Oxnard for property located on 6th and 7th streets adjacent to Meta Street (APNs 201-0-213-140, 201-0-272-030, 201-0-272-020, and 201-0-213-130); ii. If the October 5, 2021 decision is not upheld, provide direction to staff to return to Committee to consider the parcels as either:
a. “Exempt Surplus Land” subject to the agency’s use and transfer ownership to the City of Oxnard in exchange for the price identified on the Long Range Property Management Plan; or
b. “Surplus Land” subject to future affordable housing construction through the California Department of Housing and Community Development. iii. Provide direction to staff to return to Committee to consider two (2) Successor Agency- owned properties (APNs 201-0-272-170, 201-0-272-200) as either:
a. “Exempt Surplus Land” subject to the agency’s use and transfer ownership to the City of Oxnard in exchange for the price identified on the Long Range Property Management Plan; or
b. “Surplus Land” subject to future affordable housing construction through the California Department of Housing and Community Development.

Ashley Golden, Assistant City Manager , presented and answered questions. No p ublic comments were received. Discussion ensued among the Council and staff.

Council voted separately on the following recommendations, as presented:

First vote:

4. (1) That the Board of Commissioners of the Housing Authority of the City of Oxnard uphold their October 5, 2021 decision.

26 July 28, 2022 OXNARD CITY COUNCIL PAGE 12

It was moved by Councilmember Basua, seconded by Councilmember Madrigal, to approve the recommended action as presented. VOTE: Basua, Lopez, MacDonald, Madrigal, Perello, Teran, Zar agoza, and Housing Commissioner Andrade voted in favor; motion passed 8-0.

Second vote:

4. ( 2) That the Oxnard Community Development Commission Successor Agency uphold their October 5, 2021 decision.

It was moved by Councilmember Basua, seconded by Counc ilmember Madrigal, to approve the recommended action as presented. VOTE: Basua, Lopez, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion passed 7-0.

Third vote:

4. (2. iii.) Provide direction to staff to return to Committee and to consider two (2) Successor Agency -owned properties (APNs 201-0-272-170, 201-0-272-200) as:
a. “Exempt Surplus Land” subject to the agency’s use and transfer ownership to the City of Oxnard in exchange for the price identified on the Long Range Property Management Plan.

It was moved by Councilmember Teran, seconded by Mayor Zaragoza , to approve the recommended action as presented. VOTE: Basua, Lopez, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion passed 7-0.

5. City Manager Department
SUBJECT: Third Amendment with Kreative Core Technologies Corp (9431-21-FN) for ERP Project Management Services. (0/10/5)

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a Third Amendment to the Professional Services Agreement with Kreative Core Technologies Corp (9431- 21-FN) in the amount of $1,700,000 for a new not to exceed contract amount of $2,600,000 and to extend the term to December 31, 2023, for Project Management Services related to the Enterprise Resource Planning (ERP) implementation.

(Finance and Governance Committee approved 3-0.)
Shiri Klima, Deputy City Manager introduced Mark Sewell, Assistant Chief Financial Officer and An dy Bhatnagar with Kreative Core which presented and answered questions. No public comments were received.

Discussion ensued among the Council and staff.

It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Perello , to approve the recommended action as presented. VOTE: Basua, Lopez, MacD onald, Madrigal, Perello, Teran, and
Zaragoza voted in favor; motion passed 7-0.

6. Public Works Department

SUBJECT: Agreement A-8487 with Unlimited Engineering Contracting Inc. for Thompson Park, Johnson Creek Park and Sierra Linda Park Improvements Project, Specification No. PW 22-100. (0/5/5)

RECOMMENDATION: That the City Council approve and authorize the following for a total of $1,021,068.00 in Project funds for the Thompson Park, Johnson Creek Park and Sierra Linda Park Improvements Project, Specification No. PW 22-100 (Project Nos. 215706 & 225704):
27 July 28, 2022 OXNARD CITY COUNCIL PAGE 13

1. The Mayor to execute Agreement A -8487 with Unlimited Engineering Contracting Inc. in the amount of $850,890 for the Project;

2. A Project contingency amount of $85,089 for the Project; and

3. A Project allocation amount of $85,089 for engineering, inspection, survey and project management for the Project.

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

Tatiana B. Arnaout, P.E., City Engineer answered questions. No p ublic comments were received .

Discussion ensued among the Council and staff.

It was moved by Councilmem ber Basua, seconded by Councilmember Lopez, to approve the recommended action as presented. VOTE: Basua, Lopez, MacD onald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion passed 7-0.

7. Public Works Department
SUBJECT: Additional Appropriations for Fiscal Year 2021-22 in the Golf Enterprise Fund. (0/10/5)

RECOMMENDATION: That the City Council approve and authorize the recognition of additional golf course revenues in the amount of $1,197,450 and appropriate an amount not to exceed $778,352 for FY 2021-22 in the Golf Enterprise Fund (651).

Betsy George, Chief Financial Officer presented a nd answered questions. Public comments were received from Ray Blattel and Douglas Partello. Discussion ensued among the Council and staff.

It was moved by Councilmember Basua, s econded by Councilmember Perello, to approve the recommended action as presented. VOTE: Basua, Lopez, MacD onald, Perello, Teran, and Zaragoza voted in favor;

Madrigal voted against; motion passed 6-1.

N. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 9:47 p.m.

ROSE CHAPARRO JOHN C. ZARAGOZA
City Clerk Mayor

28 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.2

DATE: October 4, 2022

TO: City Council

FROM: Emilio Ramirez, Housing Director, (805) 385-8094, [email protected]

SUBJECT: Letter of Support for Many Mansions State Funding Application.

RECOMMENDATION

That the City Council authorize the Mayor to sign a letter of support for Many Mansions in an application for state funding in support of Aspire Apartments located at 536 Meta Street.

(This item did not originate in Committee.)

BACKGROUND

On June 27th, 2022, Many Mansions received their land use entitlements for the construction of Aspire Apartments located at 536 Meta Street, which is a 5-story mixed use, 100% affordable housing project that includes 88 residential units, 53 parking spaces, 5,185 square foot courtyard, and a 5,606 square foot paseo. The paseo is being constructed on a successor agency parcel that Many Mansions currently has under a purchase and sale agreement that is set to close escrow in September of 2022. The paseo will not only provide much needed open space, but allow for a seamless and contiguous design between Aspire Apartments and Central Terrace Apartments. Central Terrace Apartments is another Many Mansions affordable housing project that is currently under construction and located just south of Aspire Apartments.

Currently, Many Mansions is in the process of securing financing for the construction of Aspire Apartments. The California Department of Housing and Community Development (HCD) recently released the Multifamily Finance Super Notice of Funding Availability (Super NOFA). The Super NOFA provides funding through four distinct programs:

Multifamily Housing Program (MHP), Veterans Housing and Homeless Prevention Program (VHHP), Joe Serna, Jr.

Farmworker Housing Grant Program and Infill Infrastructure Grant Program. In total, $650 million dollars is available under the Super NOFA. HCD plans to announce program awards in November of 2022.

DISCUSSION

Many Mansions has requested $2,500,000 from the Infill Infrastructure Grant Program and $22,716,416 from the Multifamily Housing Loan Program to support the development of Aspire Apartments.

The Infill Infrastructure Grant Program provides grants for infrastructure improvements necessary to facilitate new infill affordable housing development. Eligible improvements include the development of open space, water, sewer, or other utility improvements, streets, roads, sidewalks and streetscape improvements.

The Multifamily Housing Program provides low interest loans to support the development of affordable housing. Funds can be used for property acquisition, construction and rehabilitation, on and off-site improvements, architecture, engineering and legal costs.

29 Both programs are highly competitive programs and annually oversubscribed, therefore it’s important for Many Mansions to garner as many points as possible. This year applicants are eligible to receive additional points if a letter of support is provided by the local governing body by October 14th 2022.

The Housing Department supports the development of Aspire Apartments and recommends the issuance of a letter of support for Many Mansions funding application. The future development of Aspire Apartments will provide much needed new affordable housing opportunities in the City of Oxnard.

STRATEGIC PRIORITIES

This agenda item supports the Quality of Life strategy. The purpose of the Quality of Life strategy is to restore and increase quality services and programs that enrich Oxnard's diverse community, promotes safe neighborhoods, encourages community engagement, and supports our residents in their efforts to improve their quality of life.

FINANCIAL IMPACT

There is no financial impact.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Emilio Ramirez, Housing Director

ATTACHMENTS

1. Oxnard City Council Letter of Support for Aspire Apartments 10.04.22

2. Presentation
30 John C. Zaragoza
Mayor
Office of the Mayor
300 West Third Street
Oxnard, CA 93030
(805) 385-7430
Fax (805) 385-7595
www.oxnard.org
October 4, 2022
California Department of Housing & Community Development 2020 West El Camino Avenue, Suite 500
Sacramento, CA 95833
[email protected]
RE: Oxnard City Council Letter of Support for Aspire Apartments To whom it may concern:

On behalf of the Oxnard City Council, I would like to extend this letter of support for the development of Aspire Apartments, a proposed 88‐unit, new-construction affordable housing development targeting lower-income and homeless households with incomes at 30, 45, 50, and 60 percent of Area Median Income (AMI). The project - located at 536 Meta Street, Oxnard, California, 93030 - applied for funding under HCD’s Super NOFA released March 30, 2022.

Aspire Apartments is being developed by Aspire Apartments LP, an affiliate of Many Mansions, a California nonprofit corporation, and developer of affordable housing. The City of Oxnard has a longstanding partnership with Many Mansions. This includes Ormond Beach Villas, which was completed in 2019 and consists of 40 units of affordable housing for homeless and low-income veterans and their families; as well as Central Terrace Apartments, an 87-unit affordable housing development for lower-income families and homeless individuals, which began construction in July of 2022.

Central Terrace Apartments was funded in part by HCD and SGC’s Affordable Housing and Sustainable Communities program, which also provided $4.9 million to improve transportation and related amenities in Downtown Oxnard. The City of Oxnard provided gap financing for both Ormond Beach Villas and Central Terrace Apartments.

Aspire Apartments is an initiative that will allow the City of Oxnard to continue to meet the housing needs of its lower income and homeless residents.

Sincerely,
John C. Zaragoza
Mayor
31 Aspire Apartments
Emilio Ramirez, Director
Housing Department
City Council
October 4, 2022
32 Background
2 33
Project Location

CENTRAL TERRACE

APARTMENTS

PROJECT SITE
3 ASPIRE APARTMENTS

PROJECT SITE
Paseo
34 Aspire Apartments
4 35

1. State Dept. of Housing and Community Development Released a $650 Million Dollar Super Notice of Funding Availability (NOFA).

2. Under this NOFA, Many Mansions requested $2.5 million from the Infill Infrastructure Grant Program and $22,716,416 from the Multifamily Housing Loan Program.

3. Infill Infrastructure Grant Program: Provides grants for infrastructure improvements that support the creation of affordable housing. Eligible improvements include the development of open space, water, sewer, or other utility improvements, streets, roads and sidewalks.

4. Multifamily Housing Loan Program: Provides low interest loans to support the creation of affordable housing. Funds can be used for acquisition, rehabilitation and construction architecture, engineering and legal costs.

5. Both programs are highly competitive. For additional points Many Mansions must submit a letter of support by the local governing body (City of Oxnard) by October 14th, 2022

6. HCD plans to announce program awards in November of 2022. 5 HCD Super NOFA
36 That the City Council authorize the Mayor to execute a letter of support for Many Mansions in an application for state funding in support of Aspire Apartments.

Recommendation
6 37

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.3

DATE: October 4, 2022

TO: City Council

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

SUBJECT: Professional Services Agreement A-8491 with Tetra Tech, Inc. for Professional Engineering Services for the Kamala and Hobson Cast Iron Pipe Replacement Project PW 22-83.

RECOMMENDATION

That the City Council approve and authorize the following for a total of $935,000 in Project funds for the Kamala and Hobson Cast Iron Pipe Replacement Project, Specification No. PW 22-83 (Project No. 226502 & 226503):

1. The Mayor to execute Professional Services Agreement A-8491 with Tetra Tech, Inc. for professional engineering services in the amount of $850,000 for the Project; and

2. A Project contingency amount of $85,000 for the Project.

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

BACKGROUND

Cast iron pipe water lines within the City of Oxnard are typically over 50 years old, in poor physical condition, and beyond their service life. The City has defined replacement projects by neighborhood and prioritized them according to pipe and asphalt conditions.

The project involves preparing a preliminary engineering study, design drawings, specifications, and bid documents for the design and construction phase engineering services of new water mains in various locations throughout the Kamala and Hobson Neighborhoods. The full scope of work will replace approximately 48,700 linear feet of existing cast iron pipe water distribution mains (ranging from 8” to 12” in diameter) including associated valves, fire hydrants, services, and other appurtenances.

Capital Improvement Program (CIP) Reference:

Project No. 226502 & 226503 – Kamala and Hobson Cast Iron Pipe Replacement Project, Specification No. PW 22-105 - CIP 2022-2027 - Adopted May 3, 2022 – Page 125 & 126.

DISCUSSION

The project is specifically focused on replacing infrastructure that has reached the end of its useful life, increasing system reliability, and completing underground work in preparation for road resurfacing. The consultant is tasked with the following:
 Develop a comprehensive preliminary design report (PDR) outlining the pipeline alignment alternatives, pipe material selection, and trenchless construction technology selection for the new pipeline. 38  Provide a complete set of design drawings, specifications, and bid documents that incorporate the results of the PDR.
 Provide a bid item list with a construction cost estimate to be used for budgetary purposes by the City.  Provide bid and construction phase services and support.  Develop record drawings representing the final installation.

The request for proposals (RFP) for the Project was published on May 9, 2022, and all proposals were due on June 17, 2022. The City received two proposals and were reviewed by two staff members consisting of the Water Operations Manager and Senior Civil Engineer.

Tetra Tech, Inc. (Tetra Tech) was selected as the most qualified firm to complete the design for the Kamala and Hobson Cast Iron Pipe Replacement Project. The selection was based upon the firm’s dedication to the field of cast iron pipe replacement, significant experience, and proposed approach to the project. Staff has confirmed that Tetra Tech meets all required City contractual provisions including possession of a City business tax certificate, insurance certificates and corporate filing with the California Secretary of State. Based upon the available information and research performed to date, staff believes that the contractor is capable of satisfactorily completing the project. Thus, staff recommends that the City Council award the contract for this project to Tetra Tech.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The total cost for the design phase of the Project shall not exceed $935,000 which includes the agreement with Tetra Tech and a contingency. Kamala and Hobson Cast Iron Pipe Replacement Project No. 226502 & 226503 has a combined approved design budget of $1,323,700 and is funded by the Water Capital Fund 601. Construction funding will be brought to the City Council for approval at a later date.

COMMITTEE OUTCOME

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

Prepared by: Tatiana Arnaout, City Engineer

ATTACHMENTS

1. Professional Services Agreement A-8491 Tetra Tech, Inc. 39 Agreement No. A-8491

AGREEMENT FOR PROFESSIONAL SERVICES

COVER PAGE

(1) Agreement Start Date: October 18, 2022
(2) Consultant: Tetra Tech, Inc.
(3) Services: Professional Engineering Services for the Hobson and Kamala Water Cast Iron Pipe Replace ment Project
(4) Schedule of Services: See Schedule of Services Exhibit, which is attached hereto and incorporated herein (5) Agreement Ending Date: October 18, 2025
(6) Total Agreement Amount: $850,000
(7) City’s Project Manager: Jorge Espinoza, Project Manager (8) Consultant’s Project Manager: Laurence Esguerra , P.E., Project Manager (9) Insurance Coverage: INS-A
(10) Addresses for Notice:

FOR CONSULTANT: FOR CITY:

Tetra Tech, Inc. City of Oxnard
17885 Von Karman Ave. Suite 500 305 West Third, Ea st Wing, 2 nd Floor
Irvine, CA 92614-5227 Oxnard, CA 93030
Attn: Laurence Esguerra, P.E., Project Manager At tn: Jorge Espinoza, Project Manager (11) Contact Emails:

CONSULTANT’S PROJECT CITY’S PROJECT MANAGER:

MANAGER:

[email protected] [email protected]

The Agreement for Professional Services is attached hereto and incorporated herein by this reference. The following exhibits are also attached hereto and incorporated herein by this reference into the Agreement:

Scope of Services Exhibit
☒ Schedule of Services Exhibit
☒ Rates and Costs Exhibit
☒ Insurance Exhibit (INS-A)
Prevailing Wage Exhibit
4,
4,
40 Agreement No. A-8491

AGREEMENT FOR PROFESSIONAL SERVICES (V-05/23/22)

AGREEMENT FOR PROFESSIONAL SERVICES

THIS
AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is entered into in Ventura C ounty, California, on the date that is written as “(1) Agr eement Start Date” on the Cover Page, which is atta ched hereto and incorporated herein by this reference. This Agreement is entered by and between the City of Oxnard (“C ity”) and the person or entity listed as “(2) Consultant” on the Cover Page, subject to the following terms and cond itions:

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

2. Standard of Performance. Consultant shall undertake and complete the Services to conclusion using the standard of care, skill and diligence normally prov ided by a professional person in the performance of similar consulting services.

3. Correction of Errors. Consultant shall correct, at its expense, all errors which may be disclosed duri ng review of the Services. Should Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by City, and the cost thereof shall be paid by Consultant.

4. Term. This Agreement shall begin on the date that i s written as “(1) Agreement Start Date” on the Cover Page and shall end on the date that is writte n as “(5) Agreement Ending Date” on the Cover Page. Time is of the essence in this Agreement.

5. Compensation. For the Services performed during the term of this Agreement, City shall pay Consultant an amount not to exceed the amount that is listed as “(6) Total Agreement Amount” on the Co ver Page, at the rates listed in Rates and Costs Exhibit, att ached hereto and incorporated herein by this refere nce. The rates in Rates and Costs Exhibit shall be in effect through the end of this Agreement. Except as otherwise exp ressly provided in this Agreement, City shall not be respo nsible for expenses incurred by Consultant in perfo rming the Services.

6. Invoices. Consultant shall submit a payment request to City by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month. Each invoice must also list the current balance on the Agreement, including that in voice, as well as the months remaining on the term of the Agreement. Invoices may be emailed to: pwinvoices@o xnard.org.

7. Acceptance of Payment. Consultant’s acceptance of f inal payment made pursuant to this Agreement shall constitute a release of City from all claims and liabilities for compensation to Consultant for anything completed, finished or relating to the Services. Ci ty’s payment shall not constitute nor be deemed a r elease of the responsibility and liability of Consultant for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such paymen t be deemed to be an assumption of responsibility o r liability by City for any defect or error in the Services per formed by Consultant and its employees, agents and subcontractors. Consultant shall provide City with a completed Request for Taxpayer Identification Nu mber and Certification, as issued by the Internal Revenue Se rvice. If any sales tax is due for the Services pe rformed by Consultant or materials or products provided to Cit y by Consultant, Consultant shall pay the sales tax . City shall not reimburse Consultant for sales taxes paid by Consultant.

8. Non-Appropriation of Funds. Payments to be made to Consultant by City for the Services performed within the current fiscal year are within the curre nt fiscal budget and within an available, unexhaust ed and unencumbered appropriation of City. In the event C ity does not appropriate sufficient funds for payme nt of the Services beyond the current fiscal year, this Agree ment shall cover payment for the Services only up t o the conclusion of the last fiscal year in which City ap propriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.
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9. Coordination of Services. The Services shall be coo rdinated with the person in the position listed in “(7) City’s Project Manager” on the Cover Page, sub ject to the direction of the City Manager and Depar tment Director. Consultant hereby designates the person i n the position listed in “(8) Consultant’s Project Manager” on the Cover Page as the person responsible for the Servic es who shall coordinate with City’s Project Manager in making binding decisions in line with this Agreement on behalf of Consultant.

10. Personnel. Consultant represents that it has, or shall secure at its own expense, all personnel requir ed to perform the Services. Any person who performs engin eering services pursuant to this Agreement shall be licensed as a Civil Engineer by the State of California and in good standing. Consultant shall make reasonable ef forts to maintain the continuity of Consultant’s staff who a re assigned to perform the Services. Consultant may associate with or employ associates or subcontractors in the performance of the Services, but at all times shall Vendor be responsible for its associates and subcontractors’ labor, advice or materials provided in furtherance of providing the Services. Should any of Consultant’s employees, ass igns or subcontractors not conduct him- or herself appropriately, as determined by the City’s Project Manager, in the process of providing the Services o r any portion thereof, the City’s Project Manager may notify the Consultant’s Project Manager, who shall immediately handle the problem, as determined appropriate by him or her, such that the problem does not persist.

11. Additional Work. City may request additional specif ied work under this Agreement. The City’s Project Manager must authorize all such work in wri ting before commencement. Consultant shall perform such work, and City shall pay for such additional work, in accordance with Rates and Costs Exhibit. Should the work not fall under any such listed rate or cost, Consultant shall submit a quote for all additional work, whic h the City’s Project Manager must approve in writing by before a ny such work may commence. The City shall compensat e Consultant for any work that does not fall under a rate or cost listed in the Rates and Costs Exhibit, and for which Consultant did not obtain the City’s Project Manage r’s written approval before work commenced, as dete rmined by the City’s Project Manager in his or her sole discretion.

12. Audit. City shall have the option of inspecting, au diting and/or reproducing all records and other written materials used by Consultant in preparing i ts billings to City as a condition precedent to any payment to Consultant. Consultant will promptly furnish all do cuments requested by City. Additionally, if this Ag reement is in excess of $10,000, the State Auditor may examine an d audit Consultant for a period of 3 years after fi nal payment under the Agreement. Regardless of whether a State audit is permitted, Consultant shall maintain and p reserve all such records for a period of at least 3 years after final payment under the Agreement. Consultant shall include a copy of this Section 12 in all contracts with its subcon tractors, and Consultant shall be responsible for i mmediately obtaining those records or other written material f rom its subcontractors upon a request by the State Auditor and/or City.

13. Termination. City may terminate this Agreement at a ny time, with or without cause and without penalty, upon 15 days prior written notice. Such te rmination shall be effective on the date specified in the notice, or if no date is specified, then 10 calendar days from the date of delivery or mailing of such notice. Co nsultant may terminate this Agreement at any time, with or witho ut cause and without penalty, upon 30 days prior wr itten notice.

Such termination shall be effective on the date spe cified in the notice, or if no date is specified, t hen 10 calendar days from the date of delivery or mailing of such n otice and only if all assignments accepted by Consu ltant have been completed before the date of termination. In t he event of termination of this Agreement by either party due to no fault or failure of performance by Consultant, C ity shall pay Consultant compensation for all Servi ces satisfactorily completed in accordance with all of the terms and provisions of this Agreement, as dete rmined by the City, before the effective date of termination; pro vided, in no event shall the Consultant receive an amount exceeding that which would have been paid to Consultant for the full performance of the Services.

14. Hold Harmless, Defense and Indemnity.

If Consultant provides any architectural, landscap e architectural, engineering or land surveying (“de sign professional”) services, to the maximum extent perm itted by law, Consultant shall hold harmless, defen d, and indemnify City, its legislative and advisory bodies , and the City’s officials, directors, officers, em ployees, and agents (collectively, “Indemnitees”) from and again st any and all claims, demands, causes of action, d amages, 42 Agreement No. A-8491

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injuries, liabilities, losses, penalties, fines, ju dgments, costs or expenses, including reimbursement of attorneys’ fees, court costs and costs of alternative dispute resolu tion, including but not limited to those relating t o death or injury to any person and injury to any property (collectively , “Claims”), to the extent that the Claims arise ou t of, pertain to, or relate to the negligence, recklessness, or willf ul misconduct of Consultant or of any of its office rs, employees, subcontractors or agents in the performance of the Agreement or in the failure to comply with any of t he obligations contained in this Agreement. Consultant’s obligatio n to defend is a separate and distinct obligation f rom Consultant’s duty to indemnify and applies through final judgment, including exhaustion of any appeals . Consultant shall be obligated to defend Indemnitees in all leg al, equitable, administrative, or special proceedin gs, with counsel approved by the City Attorney, to the extent requir ed herein immediately upon tender to Consultant of the Claim in any form or at any stage of an action or proceeding . The defense obligation includes the obligation to provide independent defense counsel if Consultant asserts t hat the liability is caused in whole or in part by the negligence or willful misconduct of any of the Indemnitees.

If Consultant provides no design professional serv ices, to the maximum extent permitted by law, Consu ltant shall hold harmless, defend and indemnify the Indemnitees from and against any and all Claims, which arise o ut of, pertain to, or relate to the performance of this Ag reement, or the failure to comply with any of the o bligations contained in this Agreement, by Consultant or of an y of its officials, directors, officers, employees, subcontractors, or agents. Consultant’s obligation to defend is a s eparate and distinct obligation from Consultant’s d uty to indemnify and applies through final judgment, including exhau stion of any appeals. Consultant shall be obligated to defend Indemnitees in all legal, equitable, administrative , or special proceedings, with counsel approved by the City Attorney, immediately upon tender to Consultant of the Claim in any form or at any stage of an action or proceeding. The defense obligation includes the ob ligation to provide independent defense counsel if Consultant asserts that the liability is caused in whole or in part by the negligence or willful misconduct of an y of the Indemnitees.

a. The review, acceptance or approval of Consultant’s work or work product by any of the Indemnitees shall not affect, relieve or reduce Con sultant’s indemnification or defense obligations. This Section 14 shall survive completion of the Services or termina tion of this Agreement. The provisions of this Sec tion 14 shall not be restricted by and does not affect the provisions of this Agreement relating to insurance.

15. Insurance. Consultant shall obtain and maintain dur ing the performance of any services under this Agreement the insurance coverages listed within the insurance document stated in “(9) Insurance Covera ge” on the Cover Page and in the Insurance Exhibit, which is a ttached hereto and incorporated herein by this refe rence, unless the City’s Risk Manager waives, in writing, the req uirement that Consultant obtain and maintain such i nsurance coverages. Consultant shall, before performance of any Services, file with the City’s Risk Manager evi dence of insurance coverage as specified in “(9) Insurance C overage” on the Cover Page and in the Insurance Exh ibit.

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

16. Documents and Materials.

a. All final computations, exhibits, files, plans, cor respondence, reports, drawings, designs, data, photographs, specifications, information, images, v ideo files, media, or other deliverables prepared, created, drawn, calculated, photographed or developed by Consultant pursuant to this Agreement (“Documents and Materia ls”) shall be the City’s property without restriction or limitation upon its use, duplication or dissemination. A ll Documents and Materials shall be considered “works made for hire, ” and all Documents and Materials and any and all i ntellectual property rights arising from their creation, includ ing, but not limited to, all copyrights and other p roprietary rights, shall be and remain the property of the City withou t restriction or limitation upon their use, duplica tion or dissemination by the City. Consultant shall not ob tain or attempt to obtain copyright protection as t o any Documents and Materials. Consultant hereby assigns to the City all ownership and any and all intellec tual property rights to the Documents and Materials that are not otherwise vested in the City pursuant to this Section 16.

b. Consultant shall deliver all Documents and Material s to City’s Project Manager upon completion of the Services or termination of this Agreement wi thout additional cost or expense to the City. Addit ionally, 43 Agreement No. A-8491

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anytime at City’s request, City shall be entitled t o possession of, and Consultant shall furnish to Ci ty’s Project Manager within 10 calendar days, any or all of the Documents and Materials without additional cost or expense to the City. In both situations, if Consultant prepare s Documents and Materials on a computer, Consultant shall provide City with said Documents and Materials both in a pr inted format and in an electronic format that is ac ceptable to the City. Consultant may retain copies of these Documen ts and Materials but must request permission from t he City before use, duplication or dissemination of these D ocuments and Materials for any purpose other than f or the Services provided to the City pursuant to this Agreement.

c. Any substantive modification of the Documents and M aterials by City staff or any use of the completed Documents and Materials for other City pr ojects, or any use of incomplete Documents and Mate rials, without the written consent of Consultant, shall be at City’s sole risk and without liability or legal exposure to Consultant.

d. Consultant warrants and represents that it has secu red all necessary licenses, consents or approvals to use any instrumentality, thing or comp onent as to which any intellectual property right e xists, including computer software, used in the rendering of the Ser vices and the production of all Documents and Mater ials, and that the City has full legal title to and the right to use, duplicate or disseminate the Documents and Materials.

Consultant shall defend, indemnify and hold Indemni tees harmless from any loss, claim or liability in any way related to a claim that City’s use of any of the Do cuments and Materials is violating federal, state o r local laws, any contractual provisions, or any laws relating to tra de names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or i nterests in products or inventions. Consultant sha ll bear all costs arising from the use of patented, copyrighted, trad e secret or trademarked documents, materials, equip ment, devices or processes in connection with its provision of th e services and Documents and Materials. In the eve nt the use of any of the Documents and Materials by the City is h eld to constitute an infringement and the use of an y of the same is enjoined, Consultant, at its own expense, shall: secure for City the right to continue using the Do cuments and Materials by suspension of any injunction, or by pr ocuring a license or licenses for City; or modify t he Documents and Materials so that they become non-infringing wh ile remaining in compliance with the requirements o f this Agreement.

e. This Section 16 shall survive the termination of this Agreement.

17. Confidentiality of Information.

a. For the purposes of this Agreement, “Confidentia l Information” means all information, in whatever form transmitted, relating to the past, present or future business affairs of the City, including with out limitation, (i) technical information, including patent, copyright, trade secret, and other proprietary information, t echniques, sketches, drawings, models, inventions, processes, apparatus, equipment, algorithms, software programs , software source documents, and formulas; or (ii) non-technic al information, including without limitation financ es, financial and accounting data and information, suppliers, cus tomers, customer lists, purchasing data and any oth er information belonging to the City or to a third par ty whose information is in the City’s possession or control under obligations of confidentiality, and which is disclo sed to Consultant or is developed by Consultant in whole or in part at the City’s expense.

b. All Documents and Materials shall be considered Confidential Information and shall not be reproduced, transmitted, disclosed or used by the C onsultant without the written consent of the City, except as may be necessary for Consultant to fulfill its obligations to the City.

c. Notwithstanding the above, these limitations sha ll not apply to information that (i) is already kno wn to Consultant at the time of that information’s disclo sure or becomes publicly known through no wrongful act or omission of Consultant, (ii) is communicated to a t hird party with the express written consent of City and is not subject to restrictions on further use or disclosur e, (iii) is independently developed by Consultant a nd has no relation to this Agreement, or (iv) is required by law, cour t order, court-issued subpoena or other legal proce ss to be disclosed; provided, however, that before making su ch disclosure, Consultant shall immediately provide City with written notice and a reasonable opportunity for Cit y to object to the disclosure or to take action to maintain the confidentiality of the information, unless such prior disclosure is legally impermissible.

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d. Consultant shall use reasonable care to protect the Confidential Information. In the event of a bre ach or threatened breach of this Agreement, City shall be entitled to obtain an injunction prohibiting any su ch breach, the costs of which shall be paid by Consultant. Any rel ief granted shall be in addition to and not in lieu of any other legal or equitable relief, including money damages. The parties acknowledge that Confidential Informat ion is valuable and unique and that disclosure of the Conf idential Information in breach of this Agreement ma y result in irreparable injury to the City.

e. Other than an obligation upon the City to deal i n good faith, the City makes no warranties and shal l bear no liability or responsibility for errors or o missions in any Confidential Information disclosed under this Agreement or for any business decisions made by Con sultant in reliance on any Confidential Information disclosed under this Agreement.

f. This Section 17 shall survive the termination of this Agreement.

18. Independent Contractor. Consultant is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its employees o r agents shall have control over the conduct of Con sultant or any of its employees, except as stated in this Agreemen t. Consultant has and shall retain the right to exe rcise full control over the employment, direction, means of performanc e, location, compensation and discharge of all pers ons assisting Consultant, and it is free to dispose of all portions of its time which it is not obligated to devote to City in such a manner and to such persons, firms, or corpor ations as Consultant wishes except as expressly pro vided in this Agreement. This Agreement shall not be interpreted to prevent or preclude Consultant from rendering an y services for Consultant’s own account or to any other person or entity as Consultant in its sole discretion sha ll determine; provided, however, that performing such services sh all not materially interfere with the Services Cons ultant shall perform for the City. Except as City’s Project Mana ger specifies in writing, Consultant and its employ ees and agents have no authority, express or implied, to act on be half of City in any capacity, to incur any debt, ob ligation or liability on behalf of City, bind City in any manne r, or otherwise act on behalf of City as an agent. Consultant and its employees are not employees of City. Consultant and its employees are not entitled to receive from Cit y any of the benefits or rights afforded employees of City, incl uding but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dent al, long-term disability and workers’ compensation insurance bene fits. Consultant shall not, at any time or in any m anner, represent that it or any of its agents or employees are in any manner agents or employees of City. Con sultant agrees to pay all required taxes on amounts paid to Consul tant under this Agreement, and to indemnify and hol d City harmless from any and all taxes, assessments, penal ties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall be solely responsible for, and shall save City harmless from, all matters relating to th e payment of Consultant’s subcontractors, material suppliers, directors, officers, employees, agents and represen tatives, including compliance with social security requirements, federal and State income tax withholding, and all o ther regulations governing employer-employee relati ons, as applicable. City shall have the right to offset aga inst the amount of any compensation due to Consulta nt under this Agreement any amount due to City from Consultant as a result of its failure to promptly pay to City an y reimbursement or indemnification arising under this Section 18.

19. Nondiscriminatory Employment. Consultant shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identificat ion, primary language, physical disability, mental disability, m edical condition, genetic information, marital stat us, gender, gender identity, gender expression, sex, sexual ori entation, age, immigration status, citizenship or m ilitary and veteran status. Consultant understands and agrees t hat it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, Consultant shall be res ponsible for such subcontractor’s compliance with this Section 19.

20. Consultant’s Representations. Consultant represents , covenants and guarantees that: a) Consultant is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perfor m the Services in accordance with the terms and conditions set forth in this Agreement; b) there are no obligations, com mitments, or impediments of any kind that will limit or prevent Consultant’s full performance under this Agreement; c) to the extent required by the standard of practice, Consul tant has investigated and considered the scope of S ervices performed, has carefully considered how the Service s should be performed, and understands the faciliti es, difficulties and restrictions attending performance of the Services under this Agreement. 45 Agreement No. A-8491

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21. Compliance with Laws. In performing the Services un der this Agreement, Consultant shall comply with all applicable laws, ordinances and regulation s. Before providing any Services under this Agreem ent, Consultant shall, at its own expense, obtain and ma intain all required certificates, licenses and perm its, including a City business tax certificate.

22. Conflict of Interest. If, in performing the Service s set forth in this Agreement, Consultant makes, or participates in, a “governmental decision” as descr ibed in Title 2, Section 18704 of the California Co de of Regulations, or performs the same or substantially all the same duties for City that would otherwise b e performed by a City employee holding a position specified in Cit y's conflict of interest code, Consultant shall be subject to City's conflict of interest code, the requirements of whic h include the filing of one or more statements of e conomic interests disclosing the relevant financial interes ts of Consultant's personnel providing the Services set forth in this Agreement. Furthermore, Consultant shall not to acc ept any employment or representation during the ter m of this Agreement or within 12 months after completion of t he Services which is or may likely make Consultant “financially interested,” as provided in California Government Code Sections 1090 and 87100, in any de cisions made by City on any matter in connection with which Consultant has been retained pursuant to this Agreement.

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

24. Non-Assignability. This Agreement contemplates pers onal performance by Consultant and is based upon a determination of Consultant’s personnel’s un ique competence, experience and specialized persona l knowledge. Consultant shall not assign or transfer any interest in this Agreement or any part thereof, whether by assignment or novation, without City’s prior writte n consent, which may be withheld for any reason or for no reason at all. Any purported assignment without written co nsent shall be null, void, and of no effect, and Co nsultant shall hold harmless, defend and indemnify Indemnitees fro m and against all Claims arising from or relating t o any unauthorized assignment.

25. Successors and Assigns. This Agreement shall be bin ding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns o f Consultant.

26. Applicable Law; Venue. The validity, interpretation , and performance of this Agreement shall be controlled by and construed under the laws of the S tate of California, excluding California’s choice o f law rules.

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

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

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

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

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

31. Integration; Amendment. This Agreement, including a ny other documents incorporated herein by specific reference, constitutes the entire and inte grated agreement of City and Consultant regarding t he subject matter described herein. This Agreement supersedes all prior oral or written communications, negotiati ons, representations, agreements and promises. This Agre ement may not be modified or amended, nor any provi sion or breach waived, except in a writing, signed by both parties, that expressly refers to this Agreement. 46 Agreement No. A-8491

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

33. No Waiver. Waiver by either party of any one or mor e of the conditions of performance under this Agreement shall not be a waiver of any other condit ion of performance under this Agreement. In no even t shall the making by City of any payment to Consultant constit ute or be construed as a waiver by City of any brea ch of covenant, or any default that may then exist on the part of Consultant, and the making of any such pay ment by City shall in no way impair or prejudice any right or re medy available to City with regard to such breach or default.

34. Attorneys’ Fees. The prevailing party shall be enti tled to recover reasonable costs, attorneys’ fees (including the reasonable value of the services ren dered by the City Attorney’s Office) and expenses, including investigation fees and expert witness fees, in addi tion to any other relief to which that party may be entitled, in any legal action or other proceeding, including an acti on for declaratory relief, for the enforcement of t his Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement.

35. Notice. Except as otherwise required by law, a noti ce or communication authorized or required by this Agreement shall be in writing and shall be deemed r eceived—on (a) the day of delivery if delivered by hand or overnight courier service during City’s regular bus iness hours or (b) the third business day following deposit in the United States mail, postage prepaid—to the addresse s listed as “(10) Addresses for Notice” on the Cove r Page or at such other address as one party may notify the other in writing.

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

A signed copy of this Agreement transmitted by emai l to Project Managers’ emails listed in “(11) Conta ct Emails” on the Cover Page or by other means of electronic t ransmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agree ment for all purposes.

37. Severability. If any term or portion of this Agreem ent is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall c ontinue in full force and effect.

[Signatures on next page]

47 Agreement No. A-8491

AGREEMENT
FOR PROFESSIONAL SERVICES (V-01/29/21)
IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the date that is written as “(1) Agreement Start Date” on the Cover Page.

CITY OF OXNARD TETRA TECH, INC.

☒ John C. Zaragoza, Mayor 1 Date Dan L. Batrack, CEO 2 Date ☐ Alexander Nguyen, City Manager
☐ Jennifer Yates, Purchasing Manager
☐ [name], Buyer
Preston Hopson, Secretary Date

ATTEST:

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

APPROVED AS TO FORM:

Stephen M. Fischer, City Date
Attorney (always required)

1 The City Council must authorize and the Mayor must sign any agreement over $200,000 annually. The Cit y Manager may authorize and sign any agreement over $ 100,000 but up to $200,000 annually. The Purchasing Manager may authorize and sign any agreement up to $100,000 annually. A Buyer may authorize and sign a ny agreement up to $25,000 annually.

2 The City requires the following for any contract:
● For a corporation, the signatures of the Board Pres ident, CEO or Vice President and of the Board Secre tary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC; or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

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

48 Agreement No. A-8491

SCOPE OF SERVICES EXHIBIT

Consultant to perform engineering design services for the replacement of approximately 60,150 LF of existing cast iron pipe water distribution mains (ranging from 8” to 12” in diameter) including associated valves, fire hydrants and other appurtenances.

The project shall also include resurfacing/paving of streets for long sections where pipe is to be replaced.

Task 1: Program Management

1. Project Management. Consultant shall coordinate all efforts of the Project Team including representatives from the City of Oxnard’s Public Works Department and Water Division (City). The Consultant shall facilitate regular Project progress meetings and provide monthly written updates on the Project status and budget.

2. Project Kick-off Meeting. At the commencement of the Project, the Consultant shall facilitate a “kick-off” meeting with the City’s engineering and operations staff to discuss the scope and parameters of the Project. The Consultant shall prepare and distribute a draft agenda in advance of the meeting for review and comment by the City.

3. Progress Meetings. Consultant shall attend monthly meetings at the City for the duration of the project. As part of the effort, the Consultant is responsible for developing meeting information and an agenda prior to the meeting and meeting minutes within three business days following the meeting with complete action tracking log.

4. Project Schedule. Consultant shall develop a project schedule at the beginning of the project that covers preliminary design, recommendations, design drawings, specifications, construction cost estimate, bid documents, and bid/award support services. Project schedule shall be submitted with the proposal and shall be updated within 2 weeks of the kickoff meeting.

5. Project Communication. Consultant shall develop a communications protocol to be followed by all team members to be submitted within one week of starting the project. Communication protocol will include standard project communication as well as emergency communication protocols.

6. Project Coordination. Consultant shall coordinate all of the services of sub-consultants including site visits and site inspections, and shall ensure coordination with the City operations and engineering staff and other interested parties as outlined by the City.

49 Agreement No. A-8491

7. Quality Assurance and Quality Control (QA/QC). The Consultant shall develop a QA/QC plan, to be followed for all submittals, within two weeks of starting the project. The plan shall include the staff who are responsible for reviewing design and documentation as well as the means for integrating review comments from the City.

8. Monthly Invoicing. The Consultant shall submit invoices on a monthly basis with all supporting documentation in a format acceptable to the City. Invoices requiring amendment shall be dated according to when the revised invoice is delivered to the City. Invoices shall be delivered electronically to the Project Manager and to
[email protected] .

Task 2: Preliminary Design

The consultant shall conduct land survey work as necessary to adequately complete the design, file permit applications, and provide reference points for construction layouts. As a minimum, property lines, right-of-ways, easements, topographic information, location of existing landmarks (e.g. edge of road, sidewalks, buildings, trees, valves, meter boxes, etc.) and underground utility locations are to be included. The engineer shall coordinate with the City and other utility owners to obtain underground utility information prior to the survey. If deemed necessary, the consultant shall conduct subsurface utility engineering locates to determine the location of important underground facilities.

The Consultant shall determine which permits are required for the project, including CEQA documentation, prepare and submit the necessary applications, and provide technical input as required in securing these permits. The consultant shall also provide the City with information regarding the approximate length of review time for each permit, and any special requirements that could delay this process.

The Consultant shall develop a project phasing plan to ensure utility service is maintained throughout the course of the construction project and construction impacts are minimized.

1. Site Survey: The Consultant shall include an allowance in its proposal to perform topographic and/or aerial surveys along the pipelines to be replaced. Aerial photography shall be at a minimum of 1-foot intervals to be used on a 1” = 40’ scale plan and profile drawings.

Survey information shall include, at a minimum, elevations, northings and eastings of existing street infrastructure and all appurtenances (i.e. sidewalks, curb and gutter, utility 50 Agreement No. A-8491

boxes, catch basins, utility covers, manholes, fences, driveways, medians, trees, vegetation, etc.). A benchmark and line of bearing shall be established and shall be tied to existing survey control. Electronic CAD files (.DWF) of each topographic survey shall be transmitted to the City and provided as a base map for the project.

2. Geotechnical Borings: The Consultant shall engage a geotechnical service firm to take 25 bore log samples to a minimum depth of six feet and determine the characteristics of the formation. A geotechnical analysis shall be completed by the Consultant and include the determination of needing imported backfill material and removal of unsuitable soil.

3. Potholing: The Consultant shall include an allowance in its proposal to perform exploratory excavations (i.e. “potholing”) at 25 locations, at a minimum depth of 6 feet.

4. Preliminary Drawings: Develop plan and profile drawings equivalent to the 30-percent design level.

5. List of Specification: The preliminary design submittal shall include a list of anticipated technical specifications for all aspects of the facilities construction.

Deliverable
The Consultant shall submit the preliminary design electronically in the appropriate format (dwg & pdf).

Task 3: Pipeline 75% Design Services
The Consultant shall create a design, equivalent to the 75-percent design level, including various components such as design criteria, plan and profile drawings, connection details and cross sections.

The Consultant shall produce the following 75% design deliverables:

1. General/Civil Design:
a. Title Sheet
b. Vicinity and location maps with contacts
c. Drawing index, general notes, symbols, abbreviations, and legends d. Referenced Standards and Specifications

2. Pipeline Design:
a. Plan and Profile Drawings: The Consultant shall prepare plan and profiles drawings to the 75% design level.
b. Pipeline and Utility Key Map.
c. Details: Consultant shall design connection details. 51 Agreement No. A-8491

d. Backfill: Consultant shall provide design mix for all backfill material per the geotechnical report.

3. Paving and Resurfacing
a. Develop trenching, backfill, paving and resurfacing drawings. b. Striping plan
c. Provide a standard design pavement section that adheres to the City Standards.

The design shall consider and include limits of replacement.

4. Traffic Control:
a. Stipulate traffic control requirements per the City of standards and permitting requirements.

Include requirements as a line item on the bid documents for the Contractor to complete.

5. Specifications:
a. Preliminary technical specification with draft text in all sections

6. Prepare Preliminary Construction Cost Estimate: Consultant shall prepare a preliminary construction estimate (Level 4 standard per the Association of Construction Cost Estimators) based on the PDR. This initial cost estimate will be updated throughout the final design process. Cost estimates shall include operating costs.

Deliverable
The Consultant shall provide the 75% design package containing drawings and specifications electronically and four (4) sets of 22”x34” (D Size) drawings.

Task 5: Pipeline Final Design Services

Consultant shall provide final design services that include full preparation of drawings, specifications, general and special provisions. The Consultant shall incorporate the review comments from the preliminary design phase into the 100% design package with the intermediate 90% submittal. The 100% design package shall include all bid documents, front-end documents, technical specifications, and drawings suitable for public bid. Subtasks include:

1. 90% Design Submittal: Drawings and specifications from the preliminary design phase shall be modified to account for any remaining design changes as a result of the preliminary (75%) design review. At the end of the 90 percent design phase, drawings and specifications shall be complete. The following tasks are to be completed:
52 Agreement No. A-8491

a. Civil drawings and details
b. Pipeline drawings and details
c. Paving and trench repair plans
d. Traffic control drawings (as required)
e. Specifications
f. Construction cost estimate
g. Construction schedule

Deliverable
The Consultant shall provide the 90% design package (electronically)

2. Final Design Submittal: During the final design phase, minor comments from the 90 percent design submittal shall be incorporated into the drawings and specifications. This final submittal will not be reviewed by the City and will be considered the bid set. Tasks include:
a. Production of final engineering drawings
b. Production of final engineering specifications
c. The Consultant shall prepare a probable construction cost estimate to be transmitted along with the final 100% design package.

Deliverable
The Consultant shall provide the final design package (electronically). All drawings shall be prepared using AutoCAD 2018 or later.

Task 6: Bid Phase Services
The Consultant shall provide assistance to the City during the project advertisement and award period. Bid phase assistance shall include, at a minimum, the following:

1. Preparation of addenda in response to requests for information (RFIs) and requests for clarification (RFCs) received during the bid period.

2. Attendance and participation in the mandatory pre-bid meeting.

3. The Consultant shall incorporate all addenda issued during the Bid Period into a conformed set of contract documents within one week of the Bid Opening. Consultant shall provide the City with a written response to questions within two business days of questions received during the bidding period. The responses shall be provided in short memorandum format with the question and response shown. Consultant shall also keep a log of the questions and responses. 53 Agreement No. A-8491

Task 7 – Pipeline Construction Phase Services
Engineering services during construction (ESDC) shall include, at a minimum, the following:

1. Preconstruction Conference: Attendance and participation in the Pre-Construction Conference.

2. Project Meetings: Attendance and participation in the Bi-Weekly Project Progress Meetings with the construction contractor and all Project stakeholders.

3. Submittal Review: Consultant shall review all shop drawing and material submittals transmitted by the construction contractor.

4. Change Order Review: Consultant shall review all change order requests submitted by the construction contractor. The Consultant shall review each request and make a formal statement regarding entitlement and the merit of the contractor’s request.

5. Project Close-out: The Consultant shall assist in the development of Project punch lists and coordinate the delivery of all Project-related documentation.

Record Drawings
The Consultant shall prepare a record drawing set based on the red-line drawings submitted by the construction contractor. The record drawings shall be prepared using the version of AutoCAD 2018 or later and shall be transmitted to the City within 30 calendar days of receipt of the contractor’s red-line drawings. Electronic copies of the record drawings shall be submitted to the City in both AutoCAD and PDF formats.

54 Agreement No. A-8491

SCHEDULE OF SERVICES EXHIBIT

55 Agreement No. A-8491

RATES AND COSTS EXHIBIT
56 Agreement No. A-8491
57 Exhibit INS-A

INSURANCE REQUIREMENTS FOR CONSULTANTS
(WITH ERRORS AND OMISSIONS REQUIREMENT)

1. Consultant shall obtain and maintain during the per formance of any services under this Agreement the f ollowing insurance against claims for injuries to persons or damages t o property which may arise from or in connection wi th the performance of services hereunder by Consultant, its agents, representatives, employees or subconsultants.

a. Commercial General Liability Insurance, including C ontractual Liability, in an amount not less than $1 ,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with covera ge equivalent to Insurance Services Office Commercial General Liability Coverage (Occur rence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project or shall be twice the occurrence amount;

b. Business automobile liability insurance in an amoun t not less than $1,000,000 combined single limit fo r bodily injury and property damage for each claimant for automobile li ability with coverage equivalent to Insurance Servi ces Office automobile liability coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;”

c. Professional liability/errors and omissions insuran ce appropriate to Consultant’s profession to a mini mum coverage of $1,000,000, with neither Consultant nor listed subc onsultants having less than $500,000 individually. The professional liability/errors and omissions insurance must be project specific with at least a one year extended reporting period, or lo nger upon request.

d. Workers’ compensation insurance in compliance with the laws of the State of California, and employer’s liability insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy sh all include a waiver of all rights of subrogation which the insurer may have against the City.

2. Consultant shall, prior to performance of any servi ces, file with the Risk Manager certificates of ins urance with original endorsements effecting coverage required by this Ex hibit INS-A. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bi nd coverage on its behalf. The certificates and en dorsements are to be on the attached forms or on other forms approved by the Risk Manage r. All certificates and endorsements are to be rec eived and approved by the Risk Manager before commencement of services. City rese rves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and end orsements shall be sent via email (or fax if necess ary) to the Risk Manager, addressed as follows (do not send hard copies):

City of Oxnard
Insurance Compliance
Reference No.

P.O. Box 100085 – OX
Duluth, GA 30096
Via Email:
[email protected]
Via Fax: 678-259-1007

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

4. Consultant agrees that the commercial general liabi lity and business automobile liability insurance po licies shall be endorsed to name City, its City Council, officers, employees, a gents and volunteers as additional insureds as resp ects: liability arising out of activities performed by or on behalf of Consultant; products a nd completed operations of Consultant; premises own ed, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Coun cil, officers, employees, agents and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special E ndorsement Form attached to this Exhibit INS-A or s ubstitute forms containing the same information and acceptable to t he Risk Manager shall be used to provide the endors ements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edi tion date prior to 01/04 and CG 2037).

5. The coverages provided to City shall be primary and not contributing to or in excess of any existing C ity insurance or self- insurance coverages ( this must be endorsed) . Additionally, the workers’ compensation policy s hall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisi ons of the policies shall not affect coverage provided to City, its City Council, office rs, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

6. The insurer shall declare any deductibles or self-i nsured retentions to and be approved by the Risk Ma nager. At the option of the Risk Manager, either the insurer shall reduce or el iminate such deductibles or self-insured retention s as respects City, its City Council, officers, employees and volunteers, or the Consulta nt shall procure a bond guaranteeing payment of los ses and related investigations, claim administration and defense expenses.

7. All insurance standards applicable to Consultant sh all also be applicable to Consultant's subconsultan ts. Consultant agrees to maintain appropriate agreements with subconsultants and to provide proper evidence of coverage upon re ceipt of a written request from the Risk Manager.

8/22
Insurance Exhibit (INS-A)
58 Exhibit INS-A

INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS

Certificates of Insurance

The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance.

You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached samp le accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City’s practice is to return unidentifiable insurance certificat es to the insured for clarification as to the contract number.

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

Endorsement Forms

Original endorsements are required for commercial general liabilit y and business automobile liability insurance policies and m ust be attached to the applicable certificate of insurance. City preferen ce is that the Consultant/insurer use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the sample accord form.

INS-A.doc
59 Exhibit INS-A

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

PRODUCER

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

CODE SUB-CODE

COMPANIES AFFORDING INSURANCE COVERAGE

INSURED

COMPANY
LETTER

A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANY
LETTER
B

COVERAGES

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY

PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO

WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HA VE BEEN REDUCED BY PAID CLAIMS.

CO
LTR

TYPE OF INSURANCE

POLICY
NUMBER

POLICY

EFFECTIVE
DATE
(MM/DD/YY)

POLICY

EXPIRATION
DATE
(MM/DD/YY)

LIMITS

A

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

GENERAL AGGREGATE $1,000,000
PRODUCTS COMP/OP AGG . $1,000,000
PERSONAL & ADV. INJURY $1,000,000
EACH OCCURRENCE $1,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $

A

AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

GARAGE LIABILITY

COMBINED SINGLE $1,000,000
LIMIT

BODILY INJURY
$
(Per person)

BODILY INJURY
$
(Per accident)

PROPERTY DAMAGE
$

A

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA
FORM

EACH OCCURRENCE $

AGGREGATE
$

A

WORKERS'

COMPENSATION
AND

EMPLOYERS' LIABILITY

STATUTORY LIMITS

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

A

OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession

Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant

DESCRIPTION OF OPERA TIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS

CERTIFICATE HOLDER

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

CANCELLATION

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

DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT

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

AUTHORIZED REPRESENTATIVE

Rev. 8/22 INS-A.doc
60 Exhibit INS-A

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE  Included in Limits
 In Addition to Limits

Telephone:  Deductible  Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage.  Per Occurrence  Per Claim (which) NAMED INSURED

APPLICABILITY. This insurance pertains to the operations, products and/or tenan cy of the named insured under all written agreement s and permits in force with the City unless checked here  in which case only the following specific agreement s and permits with the City are covered

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

GENERAL LIABILITY
 COMMERCIAL GENERAL LIABILITY
 COMPREHENSIVE GENERAL LIABILITY
 OWNERS & CONTRACTORS PROTECTIVE

 Claims Made
Retroactive Date
 Occurrence

OTHER PROVISIONS

COVERAGES
LIABILITY LIMITS IN THOUSANDS $

EACH OCCURRENCE AGGREGA TE
 GENERAL
 PRODUCTS/COMPLETED OPERATIONS
 PERSONAL & ADVERTISING INJURY
 FIRE DAMAGE


CLAIMS : Underwriter’s representative for claims pursuant to this insurance .

Name:

Address:

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

1. INSURED. The City, its officers, agents, employees and vol unteers are included as insureds with regard to lia bility and defense of suits arising fro m the operations, products and activities performed by or on behalf of the named insured.

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

3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought exce pt with respect to the company’s limits of liability.

The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.

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

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

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Commercial General Lia bility Coverage, “occurrence” form CG0001; or b. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.

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

ENDORSEMENT HOLDER

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

AUTHORIZED REPRESENTATIVE
 Broker/Agent  Underwriter 

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

Signature
(original signature required)
Telephone: ( ) Date Signed:

Rev. 8/22 INS-A.doc
61 Exhibit INS-A

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE  Included in Limits
 In Addition to Limits

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE OTHER PROVISIONS
 COMMERCIAL AUTO POLICY
 BUSINESS AUTO POLICY
 OTHER

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

Name:

Address:

Telephone: ( )

$ per accident, for bodily injury and propert y damage.

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

1. INSURED. The City, its officers, agents, volunteers and em ployees are included as insureds with regard to lia bility and defense of suits arising from the operat ions, products and activities performed by or on behalf of the named insured.

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

3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respec t to the company’s limits of liability.

The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.

4. CANCELLATION NOTICE. With respect to the interests of the City, this i nsurance shall not be canceled, or materially reduc ed in coverage or limits except after thirty (30) d ays prior written notice by receipted delivery has been given to the City.

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

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Automobile Liability C overage, “occurrence” form CA0001, code ("any auto"); or b. If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).

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

ENDORSEMENT HOLDER

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

AUTHORIZED REPRESENTATIVE
 Broker/Agent  Underwriter 

I
(print/type name), warrant that I have authority to
bind the above-mentioned insurance company and by my signature her eon do so bind this company to this endorsement.

Signature
(original signature required)
Telephone: ( ) Date Signed
Rev. 8/22 INS-A.doc
62 PREVAILING WAGE EXHIBIT

1. The Project defined in the Agreement between City and Contractor is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and this Agreement is subject to Chapter 1 and the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. Contractor shall perform the Project as a public work. Contractor shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein.

2. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file with the Project Coordinator at City Hall and will be made available to any interested party on request. They are also available at http://www.dir.ca.gov/Public-Works/Prevailing-Wage.html. Contractor shall post such rates at each job site covered by this Agreement.

3. Contractor is required to post job site notices, as prescribed by regulation. See Labor Code Section 1771.4(a)(2).

4. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to City, forfeit not more than $200 for each calendar day or portion thereof for each worker paid less than the DIR’s determined prevailing rates for the work or craft in which the worker is employed pursuant to this Agreement by Contractor or any subcontractor. The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.

5. Contractor shall comply with Labor Code Section 1776, which requires Contractor and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, (2) certify and make such payroll records available for inspection, and (3) inform City of the location of the records.

6. Contractor shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq . concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Before commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program.

Within 60 days of the Agreement Ending Date listed in (6) of the Cover Page or the conclusion of the Project, whichever happens later, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

7. Contractor shall not be debarred or suspended throughout the duration of this Agreement pursuant to Labor Code Section 1777.1 or 1777.7. If Contractor becomes debarred or suspended throughout the duration of the Agreement, Contractor shall immediately notify City.

8. Contractor is not qualified to bid on, be listed in a Bid, or engage in the performance of any contract for public work, as defined in LC Sections 1720 through 1861, unless currently registered and qualified to perform public work pursuant to LC Section 1725.5. Contractor shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the Agreement’s term. This provision does not apply to construction, alteration, demolition, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less.

9. Contractor acknowledges that 8 hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code Section 1810.

10. Contractor shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit $25 for each worker employed in the performance of this Agreement by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by Contractor’s employees in excess of 8 hours per day and 40 hours per week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1½ times the basic rate of pay.

11. The Project listed in the Agreement is subject to compliance monitoring and enforcement by the DIR.

12. Contractor shall be responsible for each and every one of its subcontractors’ compliance with Chapter 63 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. Contractor shall include in the written contract between it and each subcontractor a copy of, and a requirement that each subcontractor shall comply with, those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’ compliance, including without limitation, conducting a periodic review of the certified payroll records of each subcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified prevailing rate of wages, Contractor shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent, Contractor shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify City, its legislative bodies, and its officials, officers, employees, agents, successors and assigns from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of Contractor under this Section shall survive Agreement termination.
64 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.4

DATE: October 4, 2022

TO: City Council

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

SUBJECT: Agreement A-8495 with Toro Enterprises, Inc. for the Water and Wastewater On-Call Construction and Repair Services Project, Specification No. PW 22-125.

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute Agreement A-8495 with Toro Enterprises, Inc. in the amount not to exceed $10,300,000 for a 5-year term ending October 17, 2027, for the Water and Wastewater On-Call Construction And Repair Services Project, Specification No. PW 22-125.

(Public Works and Transportation Committee approved 3-0)

BACKGROUND

The Public Works Department comprises multiple divisions, including water; wastewater; recycled water; and stormwater; all of which require scheduled and non-scheduled or unplanned repair and maintenance to facilities and infrastructure from time-to-time. In order to avoid regulatory non-compliance, public health and safety hazards, property and/or environmental damage, the work must be completed with urgency, requiring quick response from a contractor. To respond promptly to these planned and unplanned infrastructure repairs, the Public Works Department requires an on-call contract with a qualified contractor or contractor team that has diverse technical capabilities as well as the ability to respond quickly to the City’s needs.

The City has maintained similar contracts for many years to streamline the contracting process, allowing for quick response to unplanned repair needs. Assignments have ranged from relatively small repairs to large repairs.

Projects to be completed by the Contractor are categorized as follows:

Non-Scheduled Urgent Repair Work

Contractor must verbally respond within 30 minutes of telephone notification by the City. Contractor must be on the site within one hour of the notification and begin work immediately. Urgent repairs are those where public interest and necessity demand the immediate expenditure of public money to avoid harm to, or to safeguard life, health or property.

Scheduled Repair and Maintenance Work

Contractor must verbally respond within 24 hours of telephone notification by the City. The scope of work and schedule shall be mutually agreed to between City staff and the Contractor before work begins. Work under this category shall be planned and scheduled Monday through Friday between the hours of 8:00 am and 5:00 pm unless otherwise agreed to by the City.

The Project scope consists of furnishing all necessary labor, materials, equipment, and other incidental and appurtenant 65 work to provide on-call construction and repair services for the Public Works Department Water and Wastewater Divisions. This agreement will be a task order based on time and material contract. The contractor shall provide a written estimate of services before a task order is issued.

DISCUSSION

The work includes furnishing all necessary labor, materials, equipment and other incidental and appurtenant work to provide on-call construction and repair services for the Public Works Department Water and Wastewater Divisions. Work of this nature is typically not done in house as it requires specialized equipment along with a dedicated construction/repair workforce capable of quickly mobilizing during an urgent repair. These repairs include, but are not limited to water main breaks, sink hole repairs, wastewater sewer repairs, and repairs to existing treatment infrastructure.

These repairs range in cost, but can reach hundreds of thousands per repair. Due to rising costs and the unknown frequency of unscheduled urgent repairs through the next 5 years, staff recommend a not to exceed value of $10,300,000 to be adequately prepared for all foreseen and unforeseen repairs over the five-year period.

The notice inviting formal bids (NIFB) for this public project was published on July 28, 2022, and all bids were due and opened on August 12, 2022. The City received three bids.

After review of all bids, Toro Enterprises, Inc. (Toro) was determined to be the lowest responsive bidder with the two remaining bids being deemed unresponsive. Procurement staff verified Toro’s possession of all required licenses; reviewed the Federal Occupational Safety and Health Administration (OSHA) website for safety violations; and verified registration with the California Department of Industrial Relations (DIR). Based upon the available information and research performed to date, staff believes that the contractor is capable of satisfactorily completing the work. Thus, staff recommends that the City Council award the contract for this Project to Toro.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The cost of this five-year agreement with Toro Enterprises, Inc. shall not exceed $10,300,000. Funding shall be provided by the Water Fund (601), Wastewater Funds (611/621), and Stormwater Fund (114) based on a task order process and available funding for each respective division. There is funding in the current fiscal year, should the need arise. Funding for subsequent fiscal years will be requested in the annual budget process.

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 3-0 on September 13, 2022 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Jan Hauser, Wastewater Division Manager, Omar Castro, Water Division Manager, Joseph Marcinko, Assistant Public Works Director

ATTACHMENTS

1. A-8495
66 Agreement No. A-8495
REVISED C 1
C

ITY OF OXNARD CONTRACT FOR THE

WATER AND WASTEWATER ON-CALL CONSTRUCTION AND REPAIR SERVICES

PROJECT
SPECIFICATION NO. PW 22-125
THIS CONTRACT (“Contract”) is made and entered this ______ day of _____________, 2022 (“Effective Date”), by and between the CITY OF OXNARD, a California municipal corporation (“City”) and Toro Enterprises, Inc. (“Contractor”). Contractor’s license number is 710580.

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

1. Incorporation. The Contract consists of all Contract Documents, which shall include the General Provisions, Special Provisions and all documents referenced in either the General or Special Provisions as well as the Contractor’s Bid Response. These documents are incorporated herein by reference.

2. Scope of Services. Contractor shall perform all Tasks in a good and workmanlike manner for the project identified as the WATER AND WASTEWATER ON- CALL CONSTRUCTION AND REPAIR SERVICES PROJECT , Specification No. PW 22 -125 (“Project”), as d escribed in this Contract and in the Contract Documents, throughout the Contract Term. The Bid Sheets from the Contractor’s Bid Response are attached hereto as “Exhibit A” and incorporated herein by this reference. The Special Provisions from the Contract Documents are attached hereto as “Exhibit B” and incorporated herein by this reference.

3. Compensation. In consideration of the services rendered pursuant to the requirements listed in the Contract Documents, City shall pay Contractor for each Task in accordance with the Contract Unit Prices submitted in the Bid and included in the attached Exhibit A, which in any case shall not exceed ten million three hundred thousand dollars ($10,300,000) during the Contract Term. A price increase for the Contract Unit Prices quoted in the Bid Sheets shall be increased by three percent (3%) each year to account for inflation costs. The effective date of the first increase will be November 1, 2023 and shall subsequently increase by three percent (3%) over the previous year’s increase on November 1, 2024, November 1, 2025, November 1, 2026 and November 1, 2027.

4. Contract Term. The
Contract Term shall begin on the Effective Date and end five (5) years thereafter, unless sooner terminated pursuant to the Contract Documents.

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

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

6. Prevailing Wages. C
ity and Contractor acknowledge that the Tasks comprising the Project are public works to which prevailing wages apply. Once the Project Manager issues a Task Order, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the corresponding Task will be on file with the Project Coordinator at City Hall and will be made available to any interested party on request. Contractor and all Subcontractors are not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless registered and 67 Agreement No. A-8495
2 qualified to perform public work pursuant to Labor Code Section 1725.5 a t the time of Bid submission.

7. W orkers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions befor e c
ommencing the performance of the Work of this Contract.”

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

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

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

11. Amendment. No modification, amendment or supplement to this Contract other than Change Orders or Task Orders shall be binding unless made in writing and signed by the duly authorized representatives of both parties.

12. Counterparts. This Contract may be executed in one or more counterparts, each of whic h shall be deemed an original, but all of which together shall constitute one and the same instrument. A signed copy of this Contract transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an or igina l
ex
ecuted copy of this Contract for all purposes. This provision shall likewise apply to all Task Orders and other Contract Documents.
[signatures on following page]
68 Agreement No. A-8495
3 IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the first written above.

CI
TY OF OXNARD TORO ENTERPRISES, INC.

John C. Zaragoza, Mayor1 Date Sean Castillo, President2 Date Alexander Nguyen, City Manager
Purchasing Manager
[name] , Buyer
J erry Hannigan, Secretary Date
ATTEST:

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

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

If the company has a different structure, or if the above- listed persons are not the appropriate signers, please submit to the City Attorney legally -binding documentation stating who can sign and bind your company.
69 4

Exhibit INS- G

INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS
(WITHOUT BUILDER’S RISK REQUIREMENT)
1 Contractor shall obtain and maintain during the performance of any services unde r this Contract the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Contractor, its agents, representatives, employees or subcontractors. a. C
ommercial General Liability Insurance, including Contractual Liability, in an amount not less than $2,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001).

If a general aggregate limit is used, that limit shall apply separately to the project location or shall be twice the occurrence amount;
b. Business Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;” c. If architectural, engineering, or electrical work will be performed under the Contract, Professional Liability/Errors and Omissions Insurance appropriate to the work being done in an amount not less than $1,000,000, with neither Contractor nor listed subcontractors having less than $500,000 individually. The Professional Liability/Errors and Omissions Insurance must be project specific with at least a one year extended reporting period, or longer upon request.

If the policy is not project specific, it m ust have a per claim and aggregate to tal of no less than $5,000,000 with subcontractors maintaining coverage in an amount of not less than $1,000,000. d. Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. e. Contractors Pollution Liability and Errors & Omissions applicable to the work being performed, with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year. 2 Contractor shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS -G. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before work commences. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email (or fax if necessary) to the Risk Manager, addressed as follows (do not send hard copies):

City of Oxnard
Insurance Compliance
R eference No. A-8495
P .O. Box 100085 – OX
Duluth, GA 30096
V
ia Email: [email protected]
V ia Fax: 678-259-1007
3 Contractor agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled by either party, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice. 4 Contractor agrees that the Commercial General Liability and Business Automobile Liability Insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects:
liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS- G or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037). 5 The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance or self -insurance coverages (this must be endorsed) . Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with 70 5
reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shal l apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
6 Any deductibles or self-insured retentions must be declared to and approved by the Risk Manager. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City, its City Council, officers, employees and volunteers, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 7 All insurance standards applicable to Contractor shall also be applicable to Contractor’s subcontractors.

Contractor agrees to maintain appropriate agreements with subcontractors and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager. 71 6

INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS C
ertificates of Insurance
T
he sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start -up date because the City s practice is to return unidentifiable insuranc e
c
ertificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.

E
ndorsement Forms
O
riginal endorsements are required for general liability and automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that you use the endorsement forms which are attached.

Substitute forms will be accepted, however, as long as they include provisions comparable to the attached. 72 7

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

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

CODESUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE

INSURED COMPANY

LETTER ASPECIFY COMPANY NAMES IN THIS SPACE

COMPANY LETTER B

COVERAGES

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

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

CO
LTR

T YPE OF INSUR ANCE POLICY NUMBER POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY)

L IMITS

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

GENERAL AGGREGATE $2,000,000
PRODUCTS COMP/OP AGG. $2,000,000
PERSONAL & ADV. INJURY $2,000,000
EACH OCCURRENCE $2,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $

A AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

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

A EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM
EACH OCCURRENCE $
AGGREGATE $
A WORKERS’ COMPENSATION
AND
EMPLOYERS’ LIABILITY

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

A OTHER
Errors and omissions insurance or malpractice insurance available for the insured’s profession; if architectural, engineering or electrical work will be performed under the Contract
C
ontractors Pollution Liability and Contractors Pollution Errors & Omissions Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant
PER CLAIM / OCCURRENCE $2,000,000
GENERAL AGGREGATE $2,000,000

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

CERTIFICATE HOLDER

CITY OF OXNARD
Attn: Insurance Compliance
R eference No. A-8495
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007

CANCELLATION

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

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

AU

THORIZED REPRESENTATIVE
73 8

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE  Included in Limits
 In Addition to Limits
Telephone:  De ductible  Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage.  Per Occurrence  Per Claim (which)

NAMED INSURED
APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here  in which case only the following specific agreements and permits with the City are covered:

CITY

AGREEMENTS/PERMITS

TYPE OF INSURANCE

GENERAL LIABILITY
 COMMERCIA L GENERAL LIABILITY
 COMPREHEN

SIVE GENERAL LIABILITY
 O

WNERS & CONTRACTORS PROTECTIVE
 Claims Made
Retroactive Date
 Occurrence

OTHER PROVISIONS

COVERAGES
LIABILITY LIMITS IN THOUSANDS $

EACH OCCURRENCE

AGGREGATE

 GENERAL
 PRODUCTS/

COMPLETED OPERATIONS
 PERSONAL
& ADVERTISING INJURY
 FIRE DAMAG
E


CLAIMS: Underwriters representative for claims pursuant to this insurance.

Name:

Address:

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

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

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

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

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

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

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Ins
urance Services Office Commercial General Liability Coverage, occ urrence fo
rm CG0001; or
b. If
excess, affords coverage which is at least as broad as the primary insurance form CG0001.

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

ENDORSEMENT HOLDER

CITY OF OXNARD
Attn: Insurance Compliance
R eference No. A-8495
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007

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

Signature
( original signature required)
Telephone: ( ) Date Signed
74 9

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) ( to)
LOSS ADJUSTMENT EXPENSE  Included in Limits
 In Addition to Limits
Telephone:  Deductible  Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage.  Per Occurrence  Per Claim (which)

NAMED INSURED
APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here  in which case only the following specific agreements and permits with the City are covered:

C

ITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

OTHER PROVISIONS
 COMMERCIAL AUTO POLICY
 BUSINESS AUTO POLICY
 OTHER
LIMIT OF LIABILITY CLAIMS: Underwriters representative for claims pursuant to this insurance.

Name:

Address:

Telephone: ( )

$ per accident, for bodily injury and property damage.

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

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

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

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

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

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

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Ins
urance Services Office Automobile Liability Coverage, occ urrence” form CA0001, code (any
auto); o
r
b. If
excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).

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

ENDORSEMENT HOLDER

CITY OF OXNARD
Attn: Insurance Compliance
R eference No. A-8495
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007

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

Signature
(o riginal signature required)
Telephone: ( ) Date Signed
75 10

Bond No. __________

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

WHEREAS the City of Oxnard (“A gency”), State of California, has awarded to (“P rincipal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as the WATER AND WASTEWATER ON-CALL CONSTRUCTION AND REPAIR SERVICES PROJECT, Specification No. PW 22 -125 (the “Project”).

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

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

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

The Project shall be considered “accepted” for the purposes of triggering Bond deadlines at the Contractor’s final completion of all Tasks, the City’s acceptance of all Tasks, and the end of the Contract Term, whichever occurs last. Upon expiration of the time within which the California 76 11

Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this B ond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, including all incorporated documents, shall in any manner affect its obligations on this Bond. The Surety hereby waives notice of any such change, extension, alteration, or addition. Additionally, the Surety hereby waives California Civil Code Sections 2845 and 2849 as well as any statutes of limitation, statutes of repose and laches as they may apply to an action on this Bond.

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

Dated:
“Principal”
By:

Its: __________________________
By:

Its: __________________________
(Seal)
“Surety”
By:

Its: __________________________
By:

Its: __________________________
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in-fact must be attached. The date of the Bond must not be before the Contract’s Effective Date. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California.
77 12

Bond No. __________

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the C ity of Oxnard (“Agency”), has awarded to _______ (“P rincipal”)
( Name and address of Contractor)
a contract (the “Contract”) for the Work described as the WATER AND WASTEWATER ON-CALL CONSTRUCTION AND REPAIR SERVICES PROJECT, Specification No. PW 22 -125 (the “Project”).

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

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

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

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

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, including all incorporated documents, or of the Work to be performed under any Task Order shall in any way affect the Surety’s obligations under this Bond. The Surety hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work in any Task Order. Surety hereby waives California Civil Code 2845 78 13

and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

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

Dated:
“Principal”
By:

Its: __________________________
By:

Its: __________________________
(Seal)
“Surety”
By:

Its: _________________________
By:

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

CITY OF
OXNARD
..., ---

CALIFORNIA
FOR · ·'"'
WATER.AND WASTEWATER ON-CALL
CONSTRUCTl·ON AND REPAIR SERVICES

PROJECT
SPECIFICATION NO. PW 22-125
Submitted by:

Contractor's Name: TORO ENTERPRISES,INC.

Address: 2101 E VENTURA BLVD,OXNARD,CA 93036
City: OXNARD State: CA Zip Code: 93036
Contact Person: SEAN CASTILLO,PRESIDENT Phone: 805-483-4515 Email: [email protected] Date: rt/21/l L-
B 1

EXHIBIT A
80 BID FOR THE WATER AND WASTEWATER ON-CALL CONSTRUCTION AND REPAIR

SERVICES PROJECT
SPECIFICATION NO.PW 22-125
The undersigned, as Bidder, declares that:

1. The Bidder has carefully examined the Contract Documents, all Addenda, and any other information provided regarding the Water and Wastewater On-Call Construction and Repair Services Project, Specification No. PW 22-125 ("Project") and is satisfied as to the conditions, character, quality and quantities of Work to be performed, and the materials to be furnished.

2. The Bid includes all taxes, fees and costs, and as such is the total amount required for the Bidder to complete this Project in accordance with the Contract Documents.

3. The Bidder is properly licensed by the State as a contractor to perform this type of Work.

The undersigned, as Bidder, agrees to the following:

A. The submission of this Bid shall be conclusive evidence that the Bidder has examined and investigated, to the greatest extent possible, the surface, subsurface and other conditions affecting the Work, including also the possible groundwater conditions, transportation, the disposal, handling and storage of materials, and the possible availability of labor, water, electric power, roads and the equipment and facilities needed for the Work. No information derived from an inspection of records or investigation will relieve the Bidder from its obligations under the Contract Documents nor entitle the Bidder to any additional compensation. The Bidder shall not make any claim, including for additional compensation, against the City based upon ignorance or misunderstanding of any condition of any Task site or of the Contract Documents' requirements.
.. B. Accompanying this Bid is a permissible form of Bid security in an amount equal to at least ten percent (10%) of the total Bid price submitted. The Bid security is given as a guarantee that, if selected, the Bidder will execute the Contract in conformity with the Contract Documents, provide evidence of all required insurance, provide a copy of its City business license and furnish the Performance and Payment Bonds (as well as a photocopy of each Bond)-each in the amount of one hundred percent (100%) of the Contract Price-within fourteen (14) Calendar Days of the date of delivery of the Contract to the Bidder. If the Bidder refuses or fails to do so, the City may award the Contract to the next lowest responsible Bidder, and this Bid security may be forfeited to the City as permitted by law.

C. In the event the Contract is awarded to the Bidder, the Bidder shall execute the Contract to perform all Tasks comprising the Project in accordance with the Contract Documents. Should the undersigned be awarded the Contract and thereafter fail or refuse to execute the Contract and provide the required evidence of its City business license, insurance and Bonds (plus photocopies) within fourteen (14) Calendar Days after the Contract award, then the Bid Bond, cash, cashier's check or certified check shall be forfeited to the City to the extent permitted by law.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on Aw,,,.,rC 11,,.,-rAI Z 02-'L [date], at OXNARD ____ [city], CALIFOR [state]. J
Signature:

Print: SEAN CASTILLO
G@J)�-Signature:
-)
Print: JERRY HANNIGAN
B2
Title: PRESIDENT
Date: t/2i/ii
Title: SECRETARY
Date: t/21-/22-I I
81 CITY OF OXNARD

BID SHEETS FOR THE WATER AND WASTEWATER ON-CALL CONSTRUCTION AND REPAIR SERVICES PROJECT, SPECIFICATION NO. PW 22-125
Bidder's Name: TORO ENTERPRISES,INC.

To the Honorable Mayor and Members of the City Council:

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

ITEM
NO.
1 2
3 4
5 6
7 8
9 10
BID ITEM UNIT COST FOR NON-SCHEDULED URGENT REPAIR WORK:

NON-SCHEDULED URGENT REPAIR WORK

DESCRIPTION
Foreman
Equipment
Operator
Laborer
Superintendent
Air Compressor
Service Truck
Hourly Rate
... Mon-Fri
8-:00am � 5:00pm
work begins within
1 hour
$
$
$
4 ••
LABOR
(1Jf 5''3 /hr

HOURLY RATES
Hourly Rate
. Mon-Fri
5:01 pm -7:59am
'Work begins
within 1 hour
$ Z f b. 3 � /hr
$ If tf. 2 / /hr $ 2 '3/. 3 'l /hr

EQUIPMENT
Hourly Rate
Sat, Sun, and
Holidays
work begins
within 1 hour
$ l$5'. S-0 /hr
$
ZJf 1. 0 S- /hr
$ ("IS. I J /hr
$ 'J O '1', 4 5 /hr
$ /hr $ Z 3. - /hr $ Z. 3. ,,,-- /hr
$ '-16. - /hr $
Backhoe (CAT 420 $ or eQual) /hr $ �f.'irO /hr $ 5f, 1'0 /hr
Bobtail Dump
Truck
150 GPM Pump
with 20-ft Hose
Traffic Control, No
Flaggers
8 Hr Dav
$ lff/. 30 /hr
$ 1. z.o
$ /hr
/hr $ 4.�0 /hr f,z_O
$ J&. ( D /hr $
83 82
Traffic Control,
11 with Flaggers
8 Hr Day
12 Stihl TS 500
or Equal Saw
Multquip MTX70 or
13 Equal Compaction
Unit
14 Pumper Truck 120
Barrel
Column Total for Non-
Scheduled Urgent Repair
Work:
$ 2 oq._ tZ /hr
$ t,zo /hr
$ /0.LfO /hr
$ rJ.... >� /-Sthr
$ / Z00.,'!2-J
$ JO 12?--- /hr
$ 1.2rJ /hr
$ /0.lf 0 /hr
$ 31(, f {) /hr
$I, (;31.f. r<
$ 40f✓&'3 /hr
$ 'D, 20 /hr
$ lOJfl) /hr
$ j /b. -lL/thr
$ 21 o5'f 18'
BID ITEM UNIT COST FOR SCHEDULED REPAIR AND MAINTENANCE WORK:

ITEM
NO.
-
15 16
17 18
19 20
21 22
23 SCHEDULED REPAIR AND MAINTENANCE WORK

DESCRIPTION
Foreman $
Equipment $ Operator
Laborer $
Superintendent $
Air $Compressor
Service Truck $
Backhoe (CAT $ 420 or equal)
Bobtail Dump $ Truck
150 GPM
Pump with 20- $
ft Hose
Hourly Rate
Mon- Fri
8:00am - 5:00pm
LABOR
{ 4 lf. l� /hr
f Zl/-, �J /hr
crz. f;,b /hr
(�l/, ZI /hr

HOURLY RA TES

EQUIPMENT

23.-- /hr
/fb.- /hr
�7, 1!) /hr
Lff 'JO /hr

1. ZD /hr
84 83
Traffic Control,
24 No Flaggers
8 Hr Day
Traffic Control,
25 with Flaggers
8 Hr Dav
26 Stihl TS 500
or Equal Saw
Multquip
MTX70 or
27 Equal
Compaction
Unit
28 Pumper Truck
120 Barrel
Column Total for
Scheduled Repair and
Maintenance Work:
$
$
$
Jl.i i) /hr
204J 'IZ /hr
t.20 /hr
$ ( D. lf O /hr
$ 2 3f', 7-f" 1hr
$ ( 200, ii. r
BID ITEM UNIT COST FOR MISC. WORK:

MISC. WORK
ITEM DESCRIPTION UNIT OF EVALUATION QUANTITY NO. MEASURE 4-inch 6-inch 8-inch
Discharge Discharge Discharge
Pump Pump Pump
$ l/ 17-. i,t; $ t/�. 2> $ 7JO. 2-5"
Bypass Per pump 12-inch 16-inch 24-inch
29 Discharge Discharge Discharge Pumping Per day Pump Pump Pump $ (l Oil. -- $ I, Of 1, - $ t, orz. --
Total for Misc. Work: $
4, '6 � cf. 1-�
TOTAL OF ALL CONTRACT UNIT PRICES (BID PRICE): $ / 01 f tj""J · 1- z_ 85 84
Note:

1. No adjustment in the Contract Unit Prices will be allowed except as noted below **. The cost of all labor, material , export of material, and other costs shall be included in the above Contract Unit Prices; no additional compensation will be granted for such expenses.

2. The ranges of quantities listed in the Bid Sheet are supplied only to give an indication of the general scope of work.

3. ltCFns ffiay be adjusteel or eleleteel. Any elalanges to tlale eiuantities fer tl=iese iteffis slalall not olassify as a substantial ohange as stipulateet in Greenbool< Scotian 7 a.e.2 anet 7 a.a.a.

Regardless of total actual volume eomf:)areel to estimated eiuar,tities, the ur,it f:)riees pro•rieleet above slalall be applieel to tlale final eiuantity wtaien payffient is ealeulateel fer these iteFRs. �Jo aetjustFRent in the unit prises -.•rill be alloweet. The Ci� reserves the right to r,ot use ar,y of the estimated eiuar,titics, and if this right is e>e:creiscd, the Gor,traetor will not be entitleel to any aelelitional eoffipensation. Tlale east of all labor, ffiaterials, e*port of FRaterial shall be inolueteet in the aboire unit oosts; no aetetitional ooFRponsation will be grar,tcd fer SUOR C>C:f:)Cnscs.

BID PRICE IN DIGITS: $ I OJ q 5' >. l z_
BID PRICE IN WORDS: fc,n fb.'u.,i61a.n £ oin 0 h.'--'n lie) P. i-f-t,-Jh.r�c J0((�f7 1 sdvcnfv -ffA./P U:.ri f3 The City does not promise or guarantee that Contractor's services will be called upon at any time or at all,
**A price increase for the Contract Unit Prices quoted in the Bid Sheets shall be increased by three percent (3%) each year to account for inflation costs. The effective date of the first increase will be November 1, 2023 and shall subsequently increase by three percent (3%) over the previous year's increase on November 1, 2024, November 1, 2025, November 1, 2026 and November 1, 2027. **
Bidder acknowledges receipt of all addenda
Addendum:
#01
#02
Date Received:
08/09/2022
8/09/2022
Addendum:
#03
#04
Date Received:
1oro Enfutc,� 0, J;ae- .

Print: s ----------------
Signature: �-
Print: JERRY HANNIGAN __ )
REVISED 86
Title: PRESIDENT
Date: 1(, z(z,1_
Title: _s_E_CR-:-iE
,_
T_A
+-
RY _______ _
Date: -..;;...,tl..__
1 r-+i!_
1 '2.-...;;.?,,, ____ _ I I
85 QUESTIONNAIRE FORM
Fill out all of the following information. Attach additional sheets if necessary. Do not leave any question blank. If the question does not apply, write "N/A." (1) Bidder's Name: TORO ENTERPRISES.INC.
( 2 ) If the Bidder's name is a fictitious name, what is the full name of the registered owner? N/A
* If you are doing· business under a fictitious name, provide a copy of the filed valid Fictitious Business Name Statement with your submitted Bid. (3 ) Business Address: 2101 E VENTURA BLVD,OXNARD,CA 93036 Phone 1: 805- 483-4515 Phone 2: --'&/'-"-+-1/la....:..f{ _____ _ Email: [email protected]
(4) Type of Firm (Partnership, LLC, Corporation, S-Corp, etc.): CORPORATION Organized under the laws of the State of: _C_A_L_I _FO_R _N _IA __________ _ (5) Califoroia State Contractor's License Number and Class: 710580;A, C-31 Original Date Issued: _8_11_19_5 ______ Expiration Date: _8_/3_1_/ _23 ______ _ (6) DIR Contractor Registration Number: _1_0_0 _0_00_2_4_1_0 ____________ _ (7) Does the Bidder have a minimum of three (3 ) consecutive years of current experience in the type of Work related to the Project, and is this experience in actual operation of the Bidder with permanent employees performing a part of the Work as disti �
t f
o
n;i..a,.tirm
operating entirely by subcontracting all phases of the Work? Circle one: YES � §) (8) List the names, titles, addresses and phone numbers of all individuals, members, partners, joint venturers and company officers having a principal interest in this Bid:

SEAN CASTILLO,PRESIDENT;2101 E VENTURA BLVD,OXNARD,CA 93036 805-483-4515 JERRY HANNIGAN,SECRETARY;2101 E VENTURA BLVD,OXNARD,CA 93036;805-483-4515 TRENT ROYLE,VP OPERATIONS;2101 E VENTURA BLVD,OXNARD,CA 93036;805-483-4515 (9 ) List all current and prior aliases, and provide all filed fictitious business names ("doing business as"), for any principal having interest in this Bid:

N/A
87 86
(10) List the dates of any voluntary and involuntary bankruptcy judgments against any principal having an interest in this Bid:

N/A
(11) For all arbitrations, lawsuits, settlements and the like (in/out of court) that the Bidder or any principal with an interest in this Bid has been involved with in the past five (5) years:
a. List the names, addresses and phone numbers of the parties' contact persons:

N/A
b. Briefly summarize the parties' claims and defenses:

N/A
c. State the tribunal (e.g., Superior Court, American Arbitration Association, etc.), the matter number, and the outcome:

N/A
( 12) If the Bidder or any principal having an interest in this Bid has ever had a contract terminated by the owner or agency, explain below:

N/A
(13) If the Bidder or any principal having an interest in this Bid ever failed to complete a project, explain below:

N/A
(14) If the Bidder or any principal having an interest in this Bid has ever been terminated for cause, even if it was converted to a "termination of convenience," explain below:

N/A
For the final questions, the word "you" and "your" shall refer to the Bidder and all individuals, members, partners, joint venturers and company officers having a principal interest in this Bid. 88 87
. ,. ...
(15) For projects that the Bidder or any principal having an interest in this Bid has been involved with in the last five (5) years, did you have any claims or actions:
a. By you against the owner? Circle one:
b. By the owner against you? Circle one:

C. By any agency or individual for labor compliance? Circle one:
d. By Subcontractors? Circle one:
e. Are any such claims/actions unresolved/outstanding? Circle one:

If your answer is "yes" to any part or parts of this question, explain.

N/A
Yes (No)
Yes @
Yes @
Yes (No)
Yes (No)
(16) List the last three (3) projects, if any, you have worked on or are currently working on for the City of Oxnard:

1. 2.

3. ON-CALL MECHANICAL FACILITY REPAIR

LA COLONIA GREEN ALLEY'S PROJECT
WEST CAST IRON REPLACEMENT & SD tfv'IPROVEMENTS
Upon request of the City, the Bidder shall furnish evidence showing a notarized financial statement, financial data, construction experience or other additional information.

The Bidder certifies under penalty
information provided in this
perjury under the laws of the State of California that the naire Form is true and correct.

Signature: ___ ,,,,c-.....,,__-=---+-...,L.------
Print: SEAN CAS
Signature: ®l�
Print: J ERRY HANNIGAN
This Questionnaire Form must be notarized below.

B9
Title: PRESIDENT
Date:
rf?f-2-
Title: SECRETARY
Date:
71,1f1-0
88 State of California
County of VENTURA
City of OXNARD
)
) ss
)
On A'jWif /2� ZDt-�before me, TYSON RISING, NOTARY PUBLIC

SEAN CASTILLO, PRESIDENT &
(insert name and title of the officer) personally appeared JERRY HANNIGAN, SECRETARY, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) . .
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that is true and correct. WITNESS my hand and official seal. (Seal)_ .. _.
810

TYSON RISING
COMM .#2388737 z
Notary P°tt'lic • California �
Ventura County ....

Comm. Expires Dec. 31, 2025
89 REFERENCES FORM
For all like work that the Bidder is currently working on or has worked on for public agencies in the past two (2) years, provide the information requested below. If all of this information does not fit on this page, attach another page listing all information for all other work. You may, but are not obligated to, attach a separate page to explain why a final contract amount differed from an original contract amount (e.g., change orders, extra work, or other circumstances) or if you or the agency filed any claims against each other and the substance and outcome of those claims.

Project 1 Description: CONVEYANCE MAIN PROJECT
Construction Dates From: 12/2021 To: TBD
Agency Name: CITY OF SANTA BARBARA
Project Manager: CARSON WOLLERT
Original Contract Amount: $13,620,686.00
Telephone: 805-451- 1 074
Final Contract Amount: $ TBD ------
Did you file any claims against the Agency? Circle one: Yes INo I Did the Agency file any claims against you? Circle one: Yes Wg)

BRYCE CANYON NORTH/SOUTH AND FREEMONT NORTH NEIGHBORHOOD Project 2 Description: WATER CAST IRON PIPE REPLACEMENT PROJECT Construction Dates From: 0S/2020 To: 09/2020
Agency Name: CITY OF OXNARD
Project Manager: GIANNA POURARIEN
Original Contract Amount: $4,652,679.00
---------
Telephone: 805-385-8280
Final Contract Amount: $4,793,391 .00
Did you file any claims against the Agency? Circle one: Yes INo I Did the Agency file any claims against you? Circle one: Yes Wg) B 11
4'l
90 On-Call Mechanical Facility Repair, Maintenance,
Project 3 Description: Replacement and Construction Services Construction Dates From: 05 /2019 To:
_
_ 0_5 _/2_0_2 _2 ____ _
Agency Name: CITY OF OXNARD
Project Manager: CHRIS PALMIERI Telephone: 805-654-7800 Original Contract Amount: $ $4,500,000.00 Final Contract Amount: $ $4, 500, 000.00 Did you file any claims against the Agency? Circle one: Yes (No) Did the Agency file any claims against you? Circle one: Yes I Nol

ON-CALUAS NEEDED PIPELINE REPAIR AND
Project 4 Description: PAVING/CONCRETE SERVICES
Construction Dates From: 09/2020 To: __ T�B�D'--------
Agency Name: LAS VIRGENES MUNICIPAL WATER DISTRICT
Project Manager: OLIVER SLOSSER.

Original Contract Amount: $ 800,000.00
Telephone: 805-251-2143
Final Contract Amount: $_T_B_D
___
_
Did you file any claims against the Agency? Circle one: Yes (Nol Did the Agency file any claims against you? Circle one: Yes (No) I hereby give my permission to the City of Oxnard and its officers, employees and agents to contact references of the Bidder and its officers, managers, members, general partners, limited partners and other owners (collectively, the "Owners") and to request information from other agencies in which the Bidder and/or its Owners have worked. This permission includes the City reviewing any criminal records of the Owners and obtaining public records regarding the Owners, such as records of arrests, indictments, convictions, civil judicial actions, tax liens, or outstanding judgments. I have authority to waive, and I do waive, any and all rights and claims the Bidder and its Owners, employees and agents may have against the City, its officers, employees and agents, as well as any agency providing feedback or the mentioned records, and thos gencies' officers, employees and agents, regarding any actions taken pursuant to, related to or ·nci tal to, the authorization given in this paragraph. ,INC.

Signature: ------"'---------­
Print: SEAN CA TILLO, PRESIDENT
Signature: r:iA)t � _,
Print: JERR�IGAN
B 12
Title:

Date:

Title:

Date:

PRESIDENT
fflrij1-1-(

SECRETARY
'¢2/2.� I
91 DESIGNATION OF SUBCONTRACTORS
List all Subcontractors who will likely perform Work or labor or render service to the Contractor in or about the construction of the Work or improvement, or a Subcontractor licensed by the State of California who, under subcontract to the Contractor, will likely specially fabricate and install a portion of the Work or improvement according to detailed drawings contained in the Plans, Specifications and Task Orders. If all Subcontractors do not fit on this page, photocopy it and attach that additional page or those additional pages listing all other Subcontractors. If ther� is any change in this list of Subcontractors, Contractor must provide a new list to Project Manager before any unlisted Subcontractor can perform any Work on any Task. If Contractor intends to use no Subcontractors, please write "N/A" in the first open box.

Name under which CSLB License
Subcontractor is Licensed Number(s)
and Registered and Class(es)

T& T TRUCK & CRANE
SERVICE T100004
Performance Pipeline
Technologies Inc 825824
,
'
COLEMAN-PACIFIC, INC. 548754

TAFT ELECTRIC COMPANY
77)62-45
Bidder's Name: TORO ¢ER�ES, INC.

Signature: //4/i
Print: SEAN CASTILLO
Signature B\�� '-
Print: JERRYHA IGAN
DIR Contractor
Registration
Number Address and Phone Number
1000016362 PO BOX 1748
VENTURA, CA 93002
(805)648-3348 '
1000561121 5292 System Drive
Huntington Beach, CA 92649
(714)536-7386
735 W. Ventl.ira'Blvd U�it B
c·amarillo,'·cA 93010 1000008074 (805)529-1844
PO BOX 3416
VENTURA, CA 930061000000149 (805)642-0121
..

Title: PRESlqEN_T
Date:

Title: SECRETA� Y
Date: ijt i/ 1,,, v
Highest
Type of Work Possible
(e.g., Percentage
Electrical) of Work (e.g.,
10%).

CRANE
SERVICE 10%

CLEANING
& VIDEO 7%
Et1cTR.ICAL 16%

TRAFFIC
LOOPS
2%
' (
If Subcontractor X may perform 4% of one item on the Bid Sheets, 6% of another item and 9% of a third item, list only 9%. This percentage shal) , represent the "portion of the work" for the purposes of Public Contract Code Section 4104(b). Bidders are instructed to review General Provisions Section 3-2 "SELF PERFORMANCE" for the percentage of Contract Work required of the Contractor.

B 13
I
I '
92 DESIGNATION OF SUBCONTRACTORS
List all Subcontractors who will likely perform Work or labor or render service to the Contractor in or about the construction of the Work or improvement, or a Subcontractor licensed by the State of California who, under subcontract to the Contractor, will likely specially fabricate and install a portion of the Work or improvement according to detailed drawings contained in the Plans, Specifications and Task Orders. If all Subcontractors do not fit on this page, photocopy it and attach that additional page or those additional pages listing all other Subcontractors. If there is any change in this list of Subcontractors, Contractor must provide a new list to Project Manager before any unlisted Subcontractor can perform any Work on any Task. If Contractor intends to use no Subcontractors, please write "N/A" in the first open box.

Name under which CSLB. License
Subcontractor is Licensed Number(s)
and Registered and Class(es)
LOREN BRUGGER WELDING 723583
PRECON PRODUCTS 246528
AQUA TECH SERVICES, INC 414466
:

PENHALL COMPANY 56e673
w I
Bidder's Name: TORO EN�PR�S, INC.

Signature: /4//
Print: SEAN CASTILLO (/
Signature: (j.� ........_
Print: J ERRY HANNIGAN j
DIR Contractor
Registration
Number Address and Phone Number
6825 BARCELONA WAY
1000041851 RIVERSIDE, CA 92504
(909)229-3877
'· P.O. BOX 940669
SIMI VALLEY, CA 93094
1000018644 (805)527-0841
PO BOX 3171
VENTURA, CA 93006
1000062332 (805)340-037 4
1ooooob860 180,�PENHALL ·WAY
ANAF-IEIM; CA 92801
(714) 627-9510
V
Title: PRESIDENT'
Date: I i 1.,,,
Title: SECRET ARY
Date: �1,/2,i,-
I
Type of Work
(e.g.,
Electrical)

WELDING
SEWER

MANHOLES

4. L. . ' I 1\1 n.l
_,I

CHLORINATION

SAWCUTTING
Highest
Possible
Percentage
of Work (e.g.,
10%).
13%
2%
10%
2%
I I \
'
If Subcontractor X may perform 4% of one item on the Bid Sheets, 6% of another item and 9% of a third item, list only 9%. This percentage shall represent the "portion of the work" for the purposes of Public Contract Cpde Section 4104(b). Bidders are instructed to review General Provisions Section 3-2 "SELF PERFORMANCE" for the percentage of Contract Work required of the Contractor.

B 13
I ,
I I l
'\
93 !

DESIGNATION OF SUBCONTRACTORS
List all Subcontractors who will likely perform Work or labor or render service to the Contractor in or about the construction of the Work or improvement, or a Subcontractor licensed by the State of California who, under subcontract to the Contractor, will likely specially fabricate and install a portion of the Work or improvement according to detailed drawings contained in the Plans, Specifications and Task Orders. If all Subcontractors do not fit on this page, photocopy it and attach that additional page or those additional pages listing all other Subcontractors. If there is any change in this list of Subcontractors, Contractor must provide a new list to Project Manager before any unlisted Subcontractor can perform any Work on any Task. If Contractor intends to use no Subcontractors, please write "N/A" in the first open box.

Name under which CSLB License
Subcontractor is Licensed Number(s)
and Registered and Class(es)
GRIFFIN DEWATERING LLC 1008718

PRECISION PLUMBING
MECHANICAL 533836
SUNBELT R1=NTALS INC 965213

PATRIOT ENVIRONMENTAL

SERVICES INC
,9990
A
Bidder's Name: TORO�E�ISES, INC.

Signature: /4A
Print: SEAN CASTI LL6
Signature, � �
Print: JERRYf-lAiGAN
DIR Contractor
Registration
Number Address and Phone Number
5306 CLINTON DR
1000033023 HOUSTON, TX 77020
(713) 676-8000
1000004502 5350 GABBERT RD
MOORPARK, CA 93021
(805) 529-4748
1000014710 2341 DEERFIELD DRIVE
FORT-Milli SC 29715
(803) 578-5462
1000013962 PO BOX 1b91
LONG BEACH, CA 90801
(562) 436-2614
Title: PRESIDENT
Date: . ?tuihi-I
Title: _S_E_C_R_E-+-T_A�R"-Y _____ _
Date: ____,ff,"-1-JU.__,2-i--::-h-=-i,,, __ _I I
Type of Work
(e.g.,
Electrical)

DEWATERING

PLUMBING
SEWER

BYPASS -

PUMPING
Highest
Possible
Percentage
of Work (e.g.,
10%).
25%
12%
28%
20%
I I
\ '
If Subcontractor X may perform 4% of one item on the Bid Sheets, 6% of another item and 9% of a third item, list only 9%. This percentage shall represent the "portion of the work" for the purposes of Public Contract Code Section 4104(b). Bidders are instructed to review General Provisions Section 3-2 "SELF PERFORMANCE" for the percentage of Contract WorJ<. required of the Contractor.

B 13
94 INDUSTRIAL SAFETY RECORD FORM
This Industrial Safety Record Form must include all construction work undertaken in California by the undersigned and any partnership, joint venture corporation or s-corporation that any principal of the undersigned participated in as a principal or owner for the listed years. Separate information must be submitted for each such partnership, joint venture, or corporate or individual. The undersigned may attach any additional information or explanation of data that it would like to be taken into consideration in evaluating the Industrial Safety Record Form. An explanation of the circumstances surrounding any and all fatalities must be attached. 2022 2021 2020 2019 2018 2017 Total (so far)
Number of contracts 20 265 250 228 220 210 1,193
Total dollar amount of
$7M $137M $125M $114M $98M $88M contracts (in thousands) $569M Number of fatalities 0 0 0 0 0 0 0
Number of lost workday
7 5 0 0 0 3 15 cases
Number of lost workday
cases involving permanent 7 10 8 5 12 transfer to another job or 5 47 termination of employment
The above information was compiled from the records that are available to me at this time, and I declare under penalty of perjury that the information is true and accur withi e limitations of those records.

Title: PRESlpENJ
Date:
r£/ f 1/ 2 2--
Title: SECRETr
Y 1
Date: 4 f22 \
I.
95 NONCOLLUSION DECLARATION

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
The undersigned declare(s):

I/we am/are the PRESIDENT of TORO ENTERPRISES,INC.----------- the party making the foregoing Bid.

The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, LLC, corporation or s-corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted its, Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, s-corporation, LLC, partnership, company, association, organization, Bid depository, or to any member or agent thereof, or to any individual, to effectuate a collusive or sham Bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person(s) executing this declaration on behalf of the Bidder that is a corporation, ,, ,. partnership, joint-,venture, limited liability company, limited liability partner-ship, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.

I declare under penalty of perjury under the laws of the State of car rni that the foregoing is true and correct and that this declaration is executed on / 2. '2- [date], at OXNARD [city], CALIFORNIA [state].

Signature:

Print: SEAN C
Signature: ��
Print: JERRY HANNIGAN -
Title: PRESIDENT
Date: t/4 z/z1-1 I
Title: SEC�ET}\RY
Date: </( t2{itr
This Noncollusion Declaration must be notarized on the following page.

B15
96 State of California
(Continuation of Noncollusion Declaration)
)
County of VENTURA ) ss
City of OXNARD )
On flJM t- (U� 2-0l'2----betore me,
TYSON RISING, NOTARY PUBLIC (insert name and title of the officer)

SEAN CASTILLO, PRESIDENT &
· personally appeared JERRY HANNIGAN, SECRETARY. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal)
816
97 CITY OF OXNARD

WATER AND WASTEWATER ON-CALL CONSTRUCTION AND REPAIR SERVICES PROJECT, SPECIFICATION NO. PW 22-125

IRAN CONTRACTING ACT CERTIFICATION
(TO BE EXECUTED AND SUBMITTED WITH ANY BID EXCEEDING $1,000,000) Public Contract Code Sections 2202-2208
Pursuant to Public Contract Code 2204.(a) A public entity shall require a person that is submits a bid or proposal to.or otherwise proposes to enter into or renew a contract with, a public entity with respect to a contract for goods or services of one million dollars ($1,000,000) or more to certify, at the time the bid is submitted or the contract is renewed, that the person is not identified on a list created pursuant to subdivision (b) of Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Section 2202.5 or as a person described in .subdivision 9b) of Section 2202.5, as applicable.

To comply with this requirement, please insert your company/entity and Federal ID number (if available) and complete 2!!! of the options below. Please note, California law established penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made, contract termination and three-year ineligibility to bid on contract in accordance with Public Contract Code section 2205.

OPTION No.1 - CERTIFICATION
I, the official named below, certify I am duly authorized to execute this certification on behalf of the company/entity identified below, and the company/entity identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person or entity, for 45 days or more, if that other person or company/entity will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS in accordance with subdivision (b) of Public Contract Code 2203.

SEAN CAS TILLO,PRESIDENT
Federal ID Number (or n/a):
. ·�""
77-0396663
Date Exec�t;d / -_
'l/'1,2�
Executed in the County of. __ V_E_N_T _U_RA ________ in the State of CALIFORNIA OPTION No.2- EXEMPTION
. -- -
Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below and attach documentation demonstrating the exemption approval.

Company Name/Financial Institution (printed): Federal ID Number (or n/a):

N/A N/A
By (Authorized Signature):

N/A
Printed Name & litle of Person Signing: Date Executed

N/A N/A
Executed in the County of _____________ .in the State of ________ _ 817
98 SMALL LOCAL BUSINESS PURCHASING PREFERENCE REQUEST
The City offers a bidding preference for small local businesses. A small local business is defined as a business entity that meets all of the following criteria:

1. Has for at least 36 months immediately preceding submittal of its Bid held a current City business license;

2. Has maintained within the City of Oxnard's boundaries its principal business office, which is defined as the place where the principal officers or owners generally transact business, to which reports are made and from which orders and payments are made, and the place which the business represents to government authorities as its principal office or principal place of business;

3. Has average annual gross receipts of $20 million or less over the 36 months immediately preceding submittal of its bid; and

4. Employs fewer than 100 employees.

Additionally, a small local business must certify one of the following:

5. 6.

At least 50 percent of its employees are Oxnard residents and have been Oxnard residents for at least 90 days prior to submission of the bid; .Q[ For a Bidder who intends to hire employees and/or obtain Subcontractors for the Project, the Bidder submits with its Bid a certification confirming it has verified its own proposed employee base for performance of the Contract and confirmed with all Subcontractors providing bids used to formulate the Contractor's Bid that at least 50 percent of the labor hours devoted to performance of the Contract will be provided_by residents of the City of Oxnard.

Please note that under City Code Section 4-71, you may be subject to audit and may be required to provide proof of compliance with the requirements of the Section. You will be subject to penalties for falsely claiming to be a Small Local Business under the Section. More information is available at City Code Section 4-71.

If you wish to certify as a small local business, please submit the certification on the next page with the rest of your Bid.

B 18
99 SMALL LOCAL BUSINESS PURCHASING PREFERENCE:

BIDDER'S CERTIFICATION
Please refer to Oxnard City Code Section 4-71 to verify that your company is eligible for this Small Local Business Purchasing Preference Program.

The undersigned hereby certifies under penalty of perjury that:
□ At least 50 percent of the Bidder's employees are Oxnard residents and have been Oxnard residents for at least 90 days prior to submission of the bid; Q[ □ For.a Bidder who intends to hire employees and/or obtain Subcontractors for the Project, the Bidder has verified its own proposed employee base for performance of t�e Contract and confirmed with all Subcontractors providing bids used to formulate the Bid that at least 50 percent of the labor hours devoted to performance of the Contract will be provided by residents of the City of Oxnard.

Any person(s) executing this certification on behalf of the Bidder hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on NIA [date], at NIA [city], NIA [state].

Bidder's Name: NIA.

Signature: N/A
Print:

Signature: N/A
Print:
_, _: .. ·
Title:

Date:

Title:

Date:
*If the Bidder is not requesting a Small Local Business Purchasing Preference, this form is not required to be completed and submitted with Bid.

Please note: The Small Local Business Purchasing Preference is not applicable for projects funded by grants or programs outside the City's General Fund, such as federal or State grants. 819
100

GENERAL ENGINEERING

CONTRACTORS
Certificate of Corporate Authority
I hereby certify thac Toro Enterprises, Inc. is a duly organized and existing California corporation, which has the power to take the action called for by the following resolution.

I further certify that Sean Castillo is President, Jeny Hannigan is Secretary and Trent Royle is Vice President of Operations and all have the authority individually to execute bid bonds, bid submittals, contract documents and change orders on behalf of the corporation as stated in the minutes of che Board of Directors' Meeting of Toro Enterprises, Inc. held July 15, 2016.

In witness whereof, I hiwe affix.ed by hand and seal of ::;aid corporation this 15th day of July 2016.

JH/rc
Equal Opportunity Employer
PO BOX 6285, OXNARD, CA 93031 ; -. PHONE: (805) 483-4515 FAX: (805) 483-3635 101
Public Works Department
305 West Third Street, East Wing, Third Floor
Oxnard, California 93030
Tel 805.385.8280
August 9, 2022
ADDENDUM NO. 1

CITY OF
OXNARD
...,,, CALIFORNIA
,.;:::::;
Project Name: Water And Wastewater On-Call Construction And Repair Services Project Specification No.: PW 22-125
BID DUE DATE: 2:00 pm on August 12, 2022
TO ALL BIDDERS:

Acknowledge receipt of this Addendum by enclosing one signed copy with your bid documents. (Note: Bidders are not required to include all addenda attachments with the signed copy.) Failure to do so may subject the bidder to disqualification. This Addendum forms a part of the Contract Documents as follows:

A. Revisions to Bid Sheets. Bidders are instructed to replace page B6 provided with the Contract Documents with the attached Revised B6:' It is not necessary for Bidders to include the attachment with the executed Addendum 1.

B. Revisions to Contract Template. Bidders are instructed to replace page Cl provided with the Contract Documents with the attached Revised CI. It is not necessary for Bidders to include the attachment with the executed Addendum I.

C. Revisions to Special Provisions. Bidders are instructed to replace page SP2 provided with the Contract Documents with the attached Revised SP2 and SP3. It is not necessary for Bidders to include the attachment with the executed Addendum I.

SEAN CASTILLO, PRESIDENT
Printed Name & Title
Date: ____,��-0�0/ Z-�Z--;___ __ I I
2101 E VENTURA BLVD
Address
OXNARD, CA 93036
City, State, Zip Code
805-483-4515
Telephone number, including area code
102
Public Works Department
305 West Third Street, East Wing, Third Floor
Oxnard, California 93030
Tel 805.385.8280
August 9, 2022
ADDENDUM NO. 2

CITY OF
OXNARD
..,,,,
·....::::::

CALIFORNIA
Project Name: Water And Wastewater On-Call Construction And Repair Services Project Specification No.: PW 22-125
BID DUE DATE: 2:00 pm on August 12, 2022
TO ALL BIDDERS:

Acknowledge receipt of this Addendum by enclosing one signed copy with your bid documents. (Note: Bidders are not required to include all addenda attachments with the signed copy.) Failure to do so may subject the bidder to disqualification. This Addendum forms a part of the Contract Documents as follows:

A. Revisions to Contract Document Exhibit INS-G. Bidders are instructed to replace Exhibit INS-G' page C 4 in ,h.: Coniract Documents with the attached page "Revised C 4". The insurance requirements are revised to reflect that if coverage under the Contractors policy is not project specific, it must have a per claim and aggregate total of no less than $5,000,000 with subcontractors maintaining coverage in an amount not less than $1,000,000. It is not necessary for Bidders to include the attachment with the executed Addendum 2.

B. RFI Question / Response:

1. Question: In response to Addendum# 1 three percent (3%) increase language: The unions do their pay increases every July I
st
, so can you change the date from November l st to
July I st?
Response: Per Addendum #1, the 3% cost increase is to account for inflation cost, It has no bearing on Union dates. The date ofNovember 1st correlates to the City's anticipated contract date.

SEAN CASTILLO, PRESIDENT
Printed Name & Title
Date:_<lil-'--/20.+-=-lz_�-­
t I
2101 E VENJURA BLVD
Address
OXNARD, CA 93036
City, State, Zip Code
805-483-4515
Telephone number, including area code
103

BID BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

Bond No. "'"N"'"/A'----
WHEREAS the City of Oxnard ("Agency"), has issued an invitation for bids for, the Work described as the WATER AND WASTEWATER ON-CALL CONSTRUCTION AND REPAIR SERVICES PROJECT, Specification No. PW 22-125.

WHEREAS TORO ENTERPRISES, INC., 2101 E VENTURA BLVD. OXNARD, CA 93036 (Name and address of Bidder)
("Principal"), desires to submit a Bid to Agency for the Work.

WHEREAS, Bidders are required to furnish a form of Bidder's security with their.Bids.

NOW, THEREFORE, we, the undersigned Principal, and ____________ _ Travelers Casualty and Surety Campany of Amertca, ONE TOWER SQUARE, HARTFORD, CT 06183 (Name and address of Surety)
a corporation organized and existing under the laws of the State of ..,.,.,.c_an_n,...ect_icu_t -::----,--­ ("Surety"), a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Agency in the penal sum of ____________ _ Ten Percent of the Total Bid Price
Dollars ($ 10% aftheTotal Bid Price ). being not less than ten percent (10%) of the total Bid price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, assigns, -executors, administrators, successors, and administrators, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is awarded the Contract for the Work by the Agency and, within the time and in the manner required by the Contract Documents, enters into the written form of Contract, furnishes the. required Payment and Performance Bonds (and a photocopy of each Bond), furnishes a copy of the Bidder's City business license, and furnishes the required insurance coverage, then this obligation shall become null and void; otherwise, it shall be and remain in fuli force and effect.

In case suit is brought upon this instrument, Surety further shall pay all court costs incurred by · the Agency in the suit and reasonable attorneys' fees in an amount fixed by the court. Surety hereby waives Civil Code Section 2845.

B20
104
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated: August 9, 2022
"Principal" "Surety"
TORO ENTERPRISES, INC. Travelers Casualty and Surety Company of America By:

Its: Ethan Spector, Attorney-in-Fact
By: By: NIA
Its: NIA
(Seal) (Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of California.

B 21
105
CALIFORNIA ALL-PURPOSE ACKNOWLEDGME!\)T' CIVIL CODE§ 1189 A notary public or other officer completing this certificate vertfies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy;'orvalidity of that document.

State of California,
County of Ventura,
On August 12th, 2022 before me, Tyson Rising\ ·Notaty Public Date ; ,f:le_re Insert !'!Jame and Title of the Officer personally-appeared ------�S�ea�n�C�a�st�il�lo�&"'r�J�e�rry�·H=a�n�n�iq�a�n�-----------­ :Wame(sJ of Signer(s)
who proved to me on the basis of satisfactory evitience :to.,,,bEf 'the person(s) whose name(s) is/are sub scribed to the within instrum ent and acknowledged,-to"me •that, [;le/sj1e/lhey executed the same in �fh,er/lheir authorized capacity(ies), and that by 1)!§¥ritheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, .executedcthe -instrument.·, I ¢ertify,cundeti'PENAllYOF·PERJURY under the laws
of,Jhe ·State of California that the foregoing paragraph is:true and correct.
l TYSON RISING l
COMM. #2388737 z
Notary Public - California � Ventura County
My Comm. Ex ires Dec. 31, 2025
-Place Notary Seal Above
-------------------------------- OPTIONAL--------------------------------------------------- Though this section is optional, completing this infonnation can deter alteration of the document or fraudulent reattachment of this kinn to an unintended document.

Description of Attached Document
Title or.Type of Document: CITY _GF OXNARD - SPEC �O. �W 22-125 - BID BOND Date: 08/09/2022 Number of Pages: _ 1 _ Signer (s) Other Than
Capacity_(ies) .. Claimed by Signer(s)
Name�'.Above: _____________ _
Signers Name Sean C astillo , ,,Signers ·Name: �J�e�rry�H�a�n�ni�g�an�-------­ □ Corporate Officer -Title(s): �P�r�es�i�d�en�t�-�-:::-'ia gorporate Officer -Title(s}:_�S�e�cr�e�ta�rx�---- □ Partner - □ Limited □ General �-" □ Partner -
□ Individual □ Attorney in Fact ''.·;□ -Individual
□ Limited □ General
□ Attorney in Fact
□ Guardian or Conservator□ Trustee □ Gu_ardian or Conservator �- □ Trustee □ Other:--------------� r', □- Other, ______________ _
Signer Is Representing: Toro Enterprises, Inc .. •, Signer Is Representing:"Toro Enterprises, Inc. ��mgg.�rng.���
· ©2014 National Notary Association • www.NationaiNota'1(!9f9 •-1,&.00,US._NOJARY.(1-800-876-6827) Item #5907 106

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Los Angeles
On AUG O 9 2D2Z before me, D. Garcia, Notary Public, personally appeared Ethan Spector who proved to me on the basis of satisfactory evidence to be the personW whose namefsris/are subscribed to the within instrument and acknowledgment to me that he/she/they executed the same in his/.hefl.thett' authorized capacity(ies), and that by his/her/their signatureW on the instrument the personW, or the entity upon behalf of which the personW acted, executed the instrument.

D. GARCIA
COMM. #2354770 z
Notary Public - California � Los Angeles County �
Comm. Ex ires Apr. 18, 2025
I certify under PENAL TY OF PERITJR Y under the laws of the State of California that the foregoing paragraph is true and correct.

Witness my hand and official seal.

Signature ___
1_(}_; __ J........., ........... fl!l_ ___ � __ r _________ _ D ½kcia,NotaryPublic
107
.... TRAVELERSJ
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
St. Paul Fire and Marine Insurance Company

POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the ncompanies"), and that the Companies do hereby make, constitute and appoint Ethan Spector of LOS ANGELES , California , their true and lawful Attomey(s)-in-Fact to sign, execute, . seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.

IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021.

State of Connecticut
By:

City of Hartford ss.

On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

My Commission expires the 30th day of June, 2026
Anna P. Nowik, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows:

RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or: her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of Indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, i_f required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certifica_te relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in­ Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing-such facsimile signature or facsimile seal shall.be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached.

I, Kevin E. Hughes, the undersigned, Assistant Secretary �of. e?�h of the Companies, do hereby certify true and correct copy of the Power of Attorney executed by said:Co/'TlpBnles, Which remains In full force and effect. day of . AUG O 9 l022 ; . : .. ·· .. ·•····· .. :: i\
Dated this
m�:�-f"( .. ---:--:: \.'; 'i't � ':ti � '· ' - ·' � ff
® , .... ·i)JJ. ... ·. .· �-;
. ,'Q " .. ·. W:. 0_�,. � ··... .·· -: .·
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that the above and foregoing is a
To verify the authenticity of this Pol/Ver of Aitorney, pleas� call us at 1-800-421-3880.

Please refer to the above-named Attorney{s)-in-Fact al1d the details of the bond to which this Power of Attorney is attached. 108
No. 6516

STATE OF CALIFORNIA

DEPARTMENT OF INSURANCE

SAN FRANCISCO
Amended
Certificate of Authority
TI-IlS IS TO CERTIFY that, pursuant to the insurance Code of the State of California, Travelers Casualty and Surety Company of America
of Hartford, Connecticut, organized under the laws of Connecticut, subject to its Articles of incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance:

Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, Aircraft and Miscellaneous as such classes are now or may hereafter be defined in the insurance Laws of the State of California.

TIIlS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended.

Fee:$ 92.00
Rec. No.

Filed: 5/28/97
IN WlTNESS WHEREOF, effective as of the istday of July, 1997, 1 have hereunto set my hand and caused my official seal to be affixed this 16,hday of June, 1997.

By
Certification
Chuck Quackenbush
Insurance Comm1ss10ner
Victoria S. Sidbury
Deputy
I, the undersigned Insurance Commissioner of the State of California, do hereby certify that 1 have compared the above copy of Certificate of Authority with the duplicate of original now on file in my office, and that the same is a full, true. and correct transcript thereof and of the whole of said duplicate, and said Certificate of Authority is now in full force and effect.

IN WITNESS WHEREOF, 1 have set my hand and caused my official seal to be affixed this 29,h day of September, 2020.

Ricardo Lara
By
('.to'c-(9-'
J:a�utie�
109
SP 1

EXHIBIT B
SPEC

IAL PROVISIONS
1000 SCOPE OF WORK
The Contractor or their sub-contractor(s) shall furnish all necessary labor, materials, equipment, supervision, and other incidental and appurtenant Work to provide on-call construction and repair services for the Public Works Department Water and Wastewater Divisions.

Work shall include repair, maintenance, replacement, and/or restoration of exposed and underground water; wastewater; recycled water; stormwater pipes; tanks; vessels; valves; hydrants; meters; chemical containment areas; manholes; sensors; controls; cathodic protection; filters; pumps; lift stations; treatment plant facilities; process equipment piping; and other related appurtenances.
1000-1 STANDARDS
All Work shall be completed to design and construction standards identified in the General Provisions and as outlined in the Task Orders. Standards may include but are not limited to: the City Standard Plates, Wastewater Division Standards, Manual on Uniform Traffic Control Devices (MUTCD), and the Caltrans traffic control regulations.
1000-2 RESPONSE TIME
Contractor shall respond to all requests as required, 24 hours per day, 365 days per year, including holidays. Response time by Contractor shall be as stated below:

1. Non-Scheduled Urgent Work:

Contractor shall verbally respond within thirty (30) minutes of telephone notification by the City. Contractor shall be on site within one (1) hour of the notification and begin Work immediately. Urgent repairs are those where the public interest and necessity demand the immediate expenditure of public funds to avoid harm to, or safeguard life, employee health, public health, or property.

2. Scheduled Work:

Contractor shall verbally respond within twenty-four (24) hours of telephone notification by the City. The scope of Work, schedule, and fee shall be mutually agreed upon by the City and Contractor before work begins. Work under this category shall be pl anned and scheduled Monday through Friday between the hours of 8:00 am and 5:00 pm unless otherwise agreed to by the City.
1000-3 WORK DONE IN THE RIGHT-OF-WAY
All work performed in the right -of-way shall comply with the applicable City Standards including obtaining Encroachment Permits which shall be specified in the approved Task Order. Work done in the right-of-way shall be inspected and approved by the Public Works Engineering Division. 110
REVISED SP 2
1000-4 WORK DONE AT WATER OR WASTEWATER FACILITIES
All work performed at Water and Wastewater Facilities that are not in the right-of-way shall meet minimum standards identified in the Task Order. Work done at the Water or Wastewater Facilities shall be managed, inspected, and approved by the Water or Wastewater Division staff. 1000-5 PAYMENT AND INVOICING
I
nvoice shall include a cover letter with a summary of the work performed, detailed backup of all labor, receipts from all sub-contractors, equipment rentals, and materials. The City will not pay for an invoice over the amount specified in the Task Order unless a Task Order amendment is executed.

Labor
, equipment, and bypass pumping shall be invoiced per the prices listed on the bid items.

Items not listed on the bid items shall be identified in the Task Order and billed per the price in the Task Order.
1000
-6 TASK ORDER PROCESS
E
ach project will be assigned a Task Order. Scheduled Work will be pre -approved by a Task Order issued by the Water or Wastewater Division prior to starting Work. Work can begin only after a fully executed Task Order is issued to the Contractor. Unscheduled Work will have a Task Order issued as soon as the scope and fees are made available. The scope and fees shall be provided by the Contractor as soon as possible following the start of urgent Work.

Task Orders shall include all estimated labor, equipment, materials, and taxes needed to complete the scope of work. The Task Order shall include all materials, labor, and taxes; if it does not, the Contractor shall clarify any missing information before commencing Work. Materi al and equipment rental shall be reimbursed at cost (Contractor must include receipt of purchase with the invoice submitted to the City) plus ten percent (10%) for material /equipment handling and Contractor will be required to itemize the supplies cost wit hin the Task Order . Any equipment required to complete the Task Order that is not listed on the Bid Sheets and is owned by the Contractor, shall be paid at the rate listed in the State of California, State Transportation Agency, Department of Transportation, Division of Construction “Equipment Rental Rates and Labor Surcharge” latest edition as of the date the Task Order is issued. This publication is only for establishing equipment costs and shall not be used for any adjustments to Labor Rates related to this Project. Website link to the aforementioned document is provided for your convenience:
https://dot.ca.gov/programs/construction/equipment-rental-rates-and-labor-surcharge A
separate invoice is required for each Task Order issued pursuant to the Contract. Contractor is required to itemize the number of hours it will take for completion of a Task Order. Contractor shall request a Task Order amendment if expenses surpas s the original Task Order fee. Upon mutual agreement between City and Contractor, City shall issue a Task Order amendment for the increased cost. Contractor shall only invoice for time spent at the location of service. The City shall not pay for time spent on route or traveling to acquire parts or supplies unless pre-approved by the Project Manager and included in the Task Order.
111
REVISED SP 3
For scheduled work, Contractor shall meet with the Water or Wastewater Division to review and understand the project scope prior to submitting a project proposal. The Division will identify any relevant standards and materials necessary to complete the Task Order.

For unscheduled work, Contractor shall meet with the Water or Wastewater Division within seventy-two (72) hours of starting Work to confirm the scope. Contractor shall provide a project fee within seventy-two (72) hours after scope confirmation.

1000-7 ADJUSTMENT TO CONTRACT UNIT PRICES.

A price increase for the Contract Unit Prices quoted in the Bid Sheets shall be increased by three percent (3%) each year to account for inflation costs. The effective date of the first increase will be November 1, 2023 and shall subsequently increase by three percent (3%) over the previous year’s increase on November 1, 2024, November 1, 2025, November 1, 2026 and November 1, 2027.
112

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.5

DATE: October 4, 2022

TO: City Council

FROM: Betsy George, Chief Financial Officer, (805) 200-5400, [email protected]

SUBJECT: Resolution Declaring the Intent of the City to be Reimbursed for Certain Capital Expenditures from the Proceeds of Indebtedness.

RECOMMENDATION

That the City Council adopt a resolution declaring the intent of the City to be reimbursed for certain capital expenditures for the acquisition and equipping of fire vehicles from the proceeds of indebtedness.

(Finance and Governance Committee approved 3-0.)

BACKGROUND

City Council ratified the purchase of eight fire battalion chief command vehicle chassis from National Auto Fleet at the January 4, 2022, meeting. Subsequently, staff purchased the eight chassis and they were delivered to the city. City staff made full payment for the eight chassis to National Auto Fleet in late August.

City staff plan to utilize the outstanding Master Equipment Lease Purchase Agreement (“Master Lease”) with Banc of America to reimburse the City for the cost of the eight chassis. In order for the reimbursement from the proceeds of a tax exempt financing to be compliant with the requirements of IRS, the City is required to adopt a resolution declaring its intention to reimburse the City out of tax-exempt financing proceeds. This must be adopted within 60 days of when the payments for purchases are made. Adopting this resolution preserves the option for the City to be reimbursed from draws on the line of credit for the amounts already paid for the vehicles.

In addition to reimbursing the City for the cost of purchasing eight chassis, City staff also planned to use the Master Lease to reimburse the City for the cost of outfitting those eight chassis to bring them into operating condition. The eight chassis were received in July 2022 and payment was made to the vendor, National Auto Fleet, on August 26, 2022. The initial vendor identified for the uplifting raised its price considerably. Therefore, the request for Council to authorize the purchasing of the uplifting was pulled from the September 7th Council meeting. Staff is obtaining bids from alternative vendors and expects to bring the uplifting agreement to Committee in October 2022.

City staff are also planning to request the Council to authorize the use of the Master Lease to reimburse the City for the cost of purchasing additional fire vehicles (two fire engines, one ladder truck). The total expected financing amount for the reimbursement for all these purchases is about $6.5 million (subject to change based on vendor quotes).

While adopting the reimbursement resolution demonstrates the City’s intent to borrow funds, it does not obligate the City to borrow the funds. Staff will bring agenda items to the Committee and Council at later dates related to the approval of any financing.

STRATEGIC PRIORITIES

113
This agenda item supports Public Safety strategy. The purpose of the Public Safety strategy is to restore and modernize the delivery of public safety services to provide for the safety of our neighborhoods and health of our community.

FINANCIAL IMPACT

This reimbursement resolution is not expected to have any direct financial impact on the City. The decision to enter into a financing for the purchase of the fire vehicles will be made on a separate date.

COMMITTEE OUTCOME

The Finance and Governance Committee approved 3-0 on July 26, 2022, to approve the staff recommendation and to forward the item for Council approval.

Prepared by: NHA Advisors

ATTACHMENTS

1. Oxnard Reimbursement Resolution (Fire Vehicles and Equipment) 114

CITY COUNCIL OF THE CITY OF OXNARD

RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD

DECLARING THE INTENT OF THE CITY TO BE REIMBURSED FOR CERTAIN

CAPITAL EXPENDITURES FROM THE PROCEEDS OF INDEBTEDNESS

WHEREAS, the City of Oxnard (the “ City”) intends to acquire and equip emergency fire equipment and vehicles to be used to perform its essential governmental functions (the "Project"); and

WHEREAS, the City will pay certain Capital E xpenditures in connection with the Project (the "Expenditures") prior to the issuance of one or more series of tax -exempt obligations in the expected approximate principal amou nt of $ 6.5 million (the "Indebtedness") for the purpose of financing costs associated with the Project; and

WHEREAS, the City reasonably expects that certain of the proceeds of the Indebtedness will be used to reimburse the City for the Expenditures; and

WHEREAS, Se ction 1.150 -2 of the Treasury Regulations requires the City to declare its reasonable official int ent to be reimbursed for prior Capital E xpenditures made for the Project with proceeds of a subsequent borrowing.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OXNARD AS FOLLOWS:

1. The City finds and determines that the foregoing recitals are true and correct.

2. This declaration is made solely for purpose of establishing compliance with the requirements of Section 1.150-2 of the Treasury Regulations, and does not bind the City to make any expenditure, incur any indebtedness, or proceed with the Project.

3. The City declares its official intent to use proceeds of the Indebtedness to reimburse itself for Expenditures made on or after the date which is no more than 60 days prior to the date of adoption of this Resolution.

4. The City will make a reimbursement allocation, which is a written allocation by the City that evidences the City's use of proceeds of the Indebtedness to reimburse itself for an Expenditure, no later than eighteen (18) months after the later of the date on which the expenditure is paid or the Project is placed in service or abandoned, but in no event more than three years after the date on which the Expenditure is paid.

5. The City recognizes that exceptions are also available under the Treasury Regulations for certain "preliminary expenditures," costs of issuance, certain de minim is amounts, expenditures by "small issuers" (based on the year of issuance and not the year of expen diture) and expenditures for construction projects of at least five (5) years.

115

6. This Resolution shall take effect upon its adoption by this City Council.

PASSED AND ADOPTED THIS 4TH DAY OF OCTOBER 2022 BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSENT:

ABSTAIN:

John C. Zaragoza
Mayor

ATTEST:

_____________________________
Rose Chaparro
City Clerk

APPROVED AS TO FORM:

_____________________________
Stephen M. Fischer
City Attorney
116

CITY COUNCIL AGENDA REPORT

PUBLIC HEARINGS
AGENDA ITEM NO. K.1

DATE: October 4, 2022

TO: Council

FROM: Ashley Golden, Assistant City Manager, (805) 385-7478, [email protected]

SUBJECT: Approval of Amended 2021-2029 6th Cycle Housing Element. (0/15/20)

RECOMMENDATION

That the City Council:

1. Conduct a public hearing;

2. Adopt a resolution approving the Amended 2021-2029 6th Cycle Housing Element as Chapter 8 within the 2030 General Plan; and

3. Direct City Staff to finalize the Amended 2021-2029 6th Cycle Housing Element into the 2030 General Plan as Chapter 8 of Goals and Policies document and forward the Amended 2021-2029 Housing Element to the State of California Department of Housing and Community Development (HCD) for certification.

(This item did not originate in Committee.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/86NPsCh52Go

BACKGROUND

EXECUTIVE SUMMARY

The City Council is being asked to approve the Amended 2021-2029 6th Cycle Housing Element (Attachment 1, see https://www.oxnard.org/housing-element-update/).

On October 5, 2021, the City Council approved the City of Oxnard 2021-2029 6th Cycle Final Housing Element (“Housing Element”) (Resolution No. 15,490) and associated housing related ordinances. The Housing Element was submitted to HCD for approval/certification.

On January 10, 2022, the City received a findings letter from HCD on our Housing Element. Since that time, staff has worked with HCD to address their comments.

Many of HCD’s requests were for non-substantial changes, such as more information on existing City programs and updated information on project entitlements. HCD also requested substantial changes to the City Council adopted Housing Element including: 1.) identifying clear metrics and identification of fiscal year (FY) timing within specific programs to comply with state and federal law; 2.) reduction in the number of projected accessory dwelling units (ADUs) from 490 ADUs to 320 ADUs; and 3.) creation of a new program to conduct a Targeted Windshield Housing Conditions Survey to help to inform the City on where rehabilitation efforts should be focused. Staff made these recommended edits and prepared an Amended Housing Element. The Amended Housing Element under consideration by the City Council 117
addresses all of HCD’s comments and will enable the City to secure HCD’s formal certification of the City’s Housing Element.

BACKGROUND

The Council’s October 2021 approval of the Housing Element, as well as General Plan and Zoning Map Amendments to change land use designations to be consistent with the Housing Element (Resolution 15,491) and five (5) zoning ordinances to facilitate construction of housing units as stipulated in the Housing Element enabled the City to comply with the State’s Housing Element approval deadlines and requirements.

On January 10, 2022, HCD completed their review and sent a findings letter to the City (Exhibit 1, Attachment 2). The State found that the City’s Housing Element addressed most of the statutory requirements but required additional revisions to fully comply with State Housing Element Law. Based upon HCD’s letter and follow-up meetings with HCD staff, City staff prepared a Conceptual Amended Housing Element and submitted it to HCD on May 12, 2022 (hard copy May 13th) for review and comment. In compliance with State law, the Conceptual Amended Housing Element was also posted on the City’s website and interested parties were notified.

Based on follow-up input from HCD staff, additional revisions to the Conceptual Amended Housing Element were submitted to HCD on July 7, 2022. The proposed revisions were also posted on the City’s website and interested parties were notified.

On July 11, 2022, HCD completed their review of the Conceptual Amended Housing Element submitted on May 12, 2022, as revised on July 7, 2022, and issued a Conditional Certification letter (Exhibit 2, Attachment 2) for the Amended Housing Element. According to HCD’s letter, the Housing Element will comply when it is adopted, submitted to and approved by HCD.

On July 27, 2022, in compliance with State law the City posted the Amended Housing Element A comprehensive list of all recommended changes to the Housing Element (October 2021 adopted), as endorsed by HCD staff, is provided in Attachment 8 to the Planning Commission staff report (Attachment 3).

On September 15, 2022 (report dated August 18, 2022 due to required meeting continuance to September 15), the Planning Commission unanimously adopted a resolution recommending City Council approval of the Amended Housing Element. The Commission expressed support for the Amended Housing Element communicating the importance of the document and asked clarifying questions regarding various program revisions. Ms. Barbara Macri-Ortiz attended and expressed support for the Amended Housing Element. A member of the public asked questions regarding water and sewer availability and the ability to provide infrastructure to the proposed housing units. Staff responded that the City’s infrastructure capacity could support the proposed housing units.

DISCUSSION

The January 10, 2022 letter from HCD required a number of changes to the City Council adopted Housing Element. The majority of these requests were for non-substantial changes, such as more information on existing City programs and current information on project entitlements, building permits and code compliance data.

The Amended Housing Element was revised in the following categories:
 Revisions to comply with State and Federal law;
 Reduction in the number of ADUs utilized to fulfill the City’s lower and moderate income housing requirement;  New Targeted Windshield Housing Conditions Survey;
 Community engagement; and
 Changes necessary to reflect Council actions since October 2021.

The Planning Commission staff report focuses only on the substantial changes and provides an analysis of these recommended substantial changes (Attachment 3). Staff is highlighting a few items which City Council may be specifically interested in (more in depth analysis contained within the Planning Commission staff report):
118

Revisions to comply with State and Federal Laws
o Affirmatively Furthering Fair Housing (AFFH) - Several programs were updated to identify goals and actions that seek to overcome contributing factors to fair housing issues, including metrics and milestones to address choice and affordability in high opportunity areas, place-based strategies to preserve and revitalize, and address displacement risk.
o Emergency Shelters - Program 6 (Zoning Code Amendment) was revised to reflect that the development standards for emergency shelters will be updated to allow development standards specific to the underlying zone and those standards listed in California Government Code for emergency shelters. o Persons with Disabilities - Programs 6 (Zoning Code Amendments) and 21 (Reasonable Accommodation) was revised to reflect that the findings for Reasonable Accommodation will only include objective considerations, consistent with State law. Parking requirements for persons with disabilities (assisted living, nursing home, etc.) will be moved from health services to the residential parking section of the code, and the types of residential care will be updated to reflect changes in the industry.
o Single Room Occupancy (SRO) - Programs 6 (Zoning Code Amendments) and 22 (Special Needs Groups) - in compliance with State law, these requirements were revised to allow SROs in at least one zone district, rather than ‘study the allowance.’ Note that the policy decision on which zone will accommodate SROs will be reviewed by the City Council and implemented in FY 2022-2023.

Reduction in the Number of ADUs

The Amended Housing Element reduced the number of ADUs utilized for lower income housing; the number of ADU’s was reduced from 490 ADUs to 320 ADUs based on building permit history. The projected ADUs reflected in the Housing Element can be reduced to 320 units without impacting the number of lower income units identified to meet the City’s RHNA in all income categories. This is because the City provided a 15% buffer within the site inventory to account for loss of sites and other potential reductions to inventory.

New Targeted Windshield Housing Conditions Survey

HCD requested that the City add a Targeted Windshield Housing Conditions Survey/New Program (added to Program 1) to help to inform the City on where rehabilitation efforts should be focused. The survey will be conducted by visually assessing exterior of homes such as roofing, windows, and siding conditions and categorizing units as sound, in need of minor repair, moderate repair, substantial rehabilitation or dilapidated. Based upon the survey findings, in FY 2025-2026 the City will identify specific needs and tailor housing rehabilitation measures to fit those needs, such as encouraging housing preservation, conservation, acquisition rehabilitation, mitigation of potential costs, and minimizing displacement and relocation impacts on residents.

With these revisions, HCD has indicated in their July 2022 correspondence that the Amended Housing Element will be certified (Exhibit 2, Attachment 2).

Edits to Reflect Community Engagement and HCD Request for Information on Process

In the January 10, 2022 letter, HCD requested additional information on the policy and program changes incorporated into the Amended Housing Element as a result of community outreach and public participation during preparation of the Amended Housing Element. The Housing Element (October 2021) implemented many, if not all, of the public recommendations submitted to the City. A summary of this input and associated revisions to the document were forwarded to HCD on March 8, 2022 and were added to Supplement 3 of the Amended Housing Element.

The Conceptual Amended Housing Element that staff prepared to address HCD’s letter was: 1) posted on the City’s website for one week; 2) notification of the posting of this document was sent to interested parties; and 3) the Conceptual Amended Housing Element was submitted to HCD on May 12, 2022 (hard copy May 13th) for the state stipulated 60-day review. Following posting of the Conceptual Amended Housing Element in May 2022, staff received additional public input that resulted in minor revisions to the Housing Element. These include the following revisions. 119
o Figure B-12 Racially or Ethnically Concentrated Areas of Poverty (R/ECAPS) map has been added to Chapter B.

The Housing Element currently includes maps in Chapter B that identify disadvantaged areas in the City such as California Tax Credit Allocation Committee (TCAC) Opportunity Areas, Linguistic Isolation, and CalEnviroScreen 4.0. Ms. Macri-Ortiz identified, and staff concurs, the need for identification of R/ECAPS, which would be helpful for affordable housing developers to identify areas with greater need and associated availability of public funding.
o Ms. Macri-Ortiz identified, and staff concurs, the need for discussion on the City’s recent Just Cause Eviction and Rent Stabilization ordinances. Further discussion on this addition is provided below under “Changes necessary to reflect Council actions since October 2021.”

On August 1, 2022 from 3:00 pm to 5:00 pm, staff hosted community drop-in hours for the public to discuss any questions they had on the proposed Amended Housing Element. One member of the public attended and identified minor grammatical and word choice revisions to the Housing Element. These minor revisions are reflected in the Summary Matrix of Revisions to Housing Element that was included as Attachment 8 in the Planning Commission packet (Attachment 3). No additional discussion has been received from members of the public since the preparation of this staff report.

Changes Necessary to Reflect Council Actions since October 2021

On May 3, 2022, the City Council adopted a Just Cause Eviction ordinance (Ord. No. 3012) and a Rent Stabilization ordinance (Ord. No. 3013). These two ordinances became effective June 4, 2022 and were codified into the OCC. The Just Cause ordinance requires landlords to give tenants a reason for their eviction and includes a requirement that the owner provide tenant relocation assistance for no-fault evictions equal to 2 months of the tenant’s rent or $5,000, whichever is greater. The Rent Stabilization ordinance restricts annual rent adjustments to not more than 4%. Both ordinances are more protective than California law. Descriptions of these two ordinances have been added to Section B.8 Fair Housing in the Housing Element and Program 19 AFFH. The program recognizes implementation of the adopted ordinances.

Project status since Council Approval of the Housing Element (October 2021)

City Council’s approval of the Housing Element and adoption of several ordinances in October 2021 to accommodate the Housing Element have resulted in the following recent project entitlements for affordable housing:
o Lockwood 1, aka Lockwood Senior Apartments, at 2001 Outlet Center Drive was approved by the Oxnard Planning Commission on December 16, 2021. The project includes 173 senior apartments with kitchens for individuals who are 62 years of age or older and is 100% affordable (10% affordable to extremely low income, 10% affordable to very low income and 80% affordable to low income). The project is located within the Business Research Park - Affordable Housing Discretionary (BRP-AHD) zone. o Lockwood 2 Senior Apartments, also located at 2001 Outlet Center Drive on a separate parcel in the BRP-AHD zone, includes 168-units for seniors (55+) and is also restricted to 100% affordable (22% affordable to very low income, 78% affordable to low income @ 60% AMI). The project was approved by the Planning Commission on May 5, 2022.

Impact to City by Failure to Secure a Certified Housing Element?

Without HCD Housing Element certification, the State has the potential to withhold or withdraw grant money targeted for housing planning as well as grant money for construction of the Homeless Solutions Center in Downtown Oxnard.

The State has also threatened to withhold gas tax money.

COMMUNITY INPUT AND LEGAL NOTICE

A notice of public hearing was posted in the Ventura County Vida newspaper, and an email was sent to the City’s Housing Element interested parties list on September 22, 2022. The Amended Housing Element was posted on the City’s website and notification was sent to the City’s Housing Element interested parties list on July 26, 2022, along with 120
notification of Community drop-in hours on August 1, 2022.

2030 GENERAL PLAN CONSISTENCY

An analysis of General Plan conformity was conducted for City Council adoption of the Housing Element on October 5, 2021. The Amended Housing Element does not change this analysis. Additionally, the action of the City Council on October 5, 2021 to update the General Plan Land Use Element ensured that the Land Use and the Housing Element would be internally consistent and support actions and development densities allowed within the Housing Element.

ENVIRONMENTAL REVIEW

On October 5, 2021, the City Council approved an Initial Study - Mitigated Negative Declaration (IS/MND - No. 2021- 01) for the Housing Element and related actions in accordance with the California Environmental Quality Act (CEQA) Guidelines, Section 15070; see https://www.oxnard.org/housing-element-update/.

Consistent with CEQA Guidelines Sections 15162 and 15164, the proposed Amended Housing Element updates existing information and does not trigger the need to prepare a subsequent or supplemental environmental document.

STRATEGIC PRIORITIES

This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.

FINANCIAL IMPACT

Adoption of the Amended Housing Element commits the City to implement programs identified in Chapter G of the Amended Housing Element, including a new Targeted Windshield Housing Conditions Survey survey (added to Program 1) in targeted older and lower income neighborhoods during FY 2024-2025. This revision creates a City obligation that will require substantial staff time and resources to implement.

Implementation of the Amended Housing Element programs identified in Chapter G will either be executed as ongoing programs or grant funds (for example: Senate Bill 2 funding through Dec. 2023) already included in various departmental work efforts and priorities; or as new programs which will require departmental prioritization. As part of the FY 2023/2024 budget requests, the Community Development and Housing Departments will put together a comprehensive budget request for Council consideration.

COMMITTEE OUTCOME

This is a Public Hearing and was heard by the Planning Commission, therefore this item did not originate in Committee.

Prepared by: Kathleen Mallory, Planning & Sustainability Manager

ATTACHMENTS

1. Amended 2021-2029 Housing Element

2. Resolution - Amended Housing Element

3. August 18, 2022 Planning Commission Staff Report

4. Presentation - Amended Housing Element
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Attachment 1
See https://www.oxnard.org/housing-element-update/
Draft Amended City of Oxnard 6th Cycle 2021-2029 Housing Element (July 2022) The City’s Draft Amended Housing Element can be downloaded here. Two versions are available: Draft Clean Version and Draft Track Change/Legislative Version. This document will be reviewed by the Planning Commission on September 15, 2022 and considered by the City Council in Fall 2022.

You can download the Clean Draft (July 2022) of the Housing Element here . https://www.oxnard.org/wp-content/uploads/2022/07/Oxnard_Conceptual-Revised-Draft-Housin g-Element_July-2022_clean.pdf
The Legislative Version reflects changes made to the October 2021 Adopted Housing Element in response to input received during the public comment period, follow up meetings with housing advocates, and input from meetings and written correspondence from HCD. Removed text is shown in strikethrough and new text has been underlined. The text that was revised following the May 2022 published Conceptual Draft Housing Element has additionally been denoted by highlighted text and is summarized in the following table.

You can download the Legislative Draft (July 2022) of the Housing Element here . https://www.oxnard.org/wp-content/uploads/2022/07/Oxnard_Conceptual-Revised-Draft-Housin g-Element_July-2022_TrackedChanges.pdf
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RESOLUTION NO.

RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFOXNARDAMENDINGTHE2030GENERALPLANGOALSANDPOLICIESDOCUMENTBYADOPTINGTHEAMENDED2021-2029HOUSINGELEMENT(6THCYCLE)(PZ20-620-03).FILEDBYCITYOFOXNARD,COMMUNITYDEVELOPMENTDEPARTMENT,214SOUTHCSTREET,OXNARD, CA, 93030.

WHEREAS,GovernmentCodeSection65300requireseachlegislativebodyandplanningagencyto prepareand adopta comprehensive,long-termgeneralplanfor the physicaldevelopmentof thecityandanylandoutsideitsboundarieswhichin theplanningagency’sjudgment bears relation to its planning; andWHEREAS,theCaliforniaStateLegislatureidentifiedtheState’s majorhousinggoalastheattainmentofadecenthomeandsuitablelivingenvironmentforeveryCalifornianandduetothecriticalrolethatlocalplanningprogramsplayin achievingthisgoal,theCaliforniaStateLegislaturerequiresthatalljurisdictionsprepareandperiodicallyreviewandupdateaHousingElement as the directed by the California State Legislature; andWHEREAS,GovernmentCodeSection65583listsrequirementsoftheHousingElementwhereineachHousingElementmustcontain“anidentificationandanalysisofexistingandprojectedhousingneedsanda statementof goals,policies,quantifiedobjectives,financialresources,andscheduledprogramactionsforthepreservation,improvement,anddevelopmentofhousing”; andWHEREAS,theCityof Oxnard(City)fallswithinthemetropolitanplanningregioncoveredbytheSouthernCaliforniaAssociationofGovernments(SCAG)andforeachHousingElementplanningcycle,SCAGisrequiredtodeterminetheshareoftheregionalhousingneedstobe allocatedto eachcityandunincorporatedcountyareawithintheSCAGregion,andthisprocess is called the Regional Housing Need Assessment (RHNA); andWHEREAS,theHousingElementrequiresreviewandcertificationby theStateofCalifornia, Department of Housing and Community Development (HCD); andWHEREAS,theCityofOxnard2030GeneralPlanwasadoptedonOctober11,2011;andtheoperativedocumentsoftheOxnard2030GeneralPlanconsistofthe(1)BackgroundReport(2006),andthe(2)GoalsandPolicieswhichincludestheHCD-certified2006-2014HousingElement as Chapter 8; andWHEREAS,theCityCounciladoptedthe5 th
Cycle2013-2021HousingElementupdateonDecember13,2016,andtheMid-Cycle2013-2021HousingElementupdateonOctober10,2017. Both updates were certified by HCD; andWHEREAS,theCityCounciladoptedthe6 th
Cycle2021-2029FinalHousingElementonOctober 5, 2021; andWHEREAS,OnOctober8, 2021theadopted2021-2029FinalHousingElementwassubmitted to HCD for 90-day review; andWHEREAS,OnJanuary10,2022HCDcompletedtheir90-dayreviewandsentafindingsletterto theCity, incorporatedbyreferenceasExhibit“A.” TheStatefoundthattheCity’sadoptedHousingElementaddressedmostofthestatutoryrequirementsbutrequiredadditional 123
Resolution No.PZ 20-620-03 (General Plan Amendment)Page2 revisionsto fullycomplywithStateHousingElementLaw(Article106ofGov. Code),andincluded a request for specific revisions or additional information; andWHEREAS,CityStaff metwithHCDonFebruary16,2022,March17,2022andApril4,2022toreceiveclarificationonthetopicsintheJanuary10,2022letter. InresponsetotheState’sreview, a ConceptualAmendedHousingElementwaspreparedto addressHCD’s letter. TheConceptualAmendedHousingElementwaspostedontheCity’swebsiteandnotificationwassentto theCity’s HousingElementinterestedpersonsliston May5, 2022,andtheConceptualAmendedHousingElementwassubmittedtoHCDonMay12,2022fora60-dayreviewperiod;and WHEREAS,Baseduponfollow-updiscussionswithHCDstaff onJune22ndand28th,2022,staff preparedan Addendumto the ConceptualDraft6th Cycle2021-2029AmendedHousingElement.TheAddendumaddressedHCD’s commentsand minorrevisionsresultingfromongoingcommunityinputontheMay2022ConceptualDraftAmendedHousingElement.TheAddendumwaspostedontheCity’s websiteandnotificationwassentto theCity’s HousingElementinterestedpersonslistonJuly1,2022,andtheAddendumwassenttoHCDonJuly7,2022; andWHEREAS,OnJuly11,2022HCDcompletedtheirreviewoftheConceptualAmendedHousingElementsubmittedonMay12,2022,asrevisedonJuly7,2022,andissuedaConditionalCertificationletter, incorporatedbyreferenceasExhibit“B.”HCD’s letterstatedthattheHousingElement will comply when it is adopted, submitted to and approved by HCD; andWHEREAS,thePlanningCommissionhelda publichearingonSeptember15,2022toconsiderapprovingaresolutionrecommendingthattheCityCounciloftheCityofOxnardamendthe 2030GeneralPlanby adoptingtheAmended2021-2029FinalHousingElementandincorporatingit as Chapter8 of the2030GeneralPlan(GeneralPlanAmendmentPZNo.20-620-03); andWHEREAS,theCityCouncilhelda publichearingonOctober4, 2022andreceivedwrittenandverbalcommentsfromthepublicrelatedtotheproposedGeneralPlanAmendmenttothe 2030 General Plan Housing Element and Land Use Element; andWHEREAS,thedocumentsandothermaterialthatconstitutetherecordofproceedingsuponwhichthe2030GeneralPlanislocatedinthePlanningDivision,andthecustodianoftherecord is the Planning Manager; andWHEREAS,theproposedAmended2021-2029HousingElementisconsistentwiththeCity of Oxnard 2030 General Plan and the certified Coastal Land Use Program; and.WHEREAS,theproposedAmended2021-2029HousingElementUpdatemeetstherequirementsofstatelaw(GovernmentCodeSection65880et seq.) andassociatedregulationsrelating to Housing Elements; and.WHEREAS,consistentwiththe requirementsof statelaw, theproposedAmended2021-2029HousingElementidentifiesandanalyzesthecurrentandfuturehousingneedswithintheCityofOxnardandidentifiesgoals,policiesandprogramstoprovidecertainservicesandensureadequateopportunitiesforhousingofallincomelevelsfortheplanningperiodsetbytheState of California; andWHEREAS,changeshavebeenmadetotheFinal2021-2029HousingElementtoaddresstheissuesraisedby HCDas referencedin its letterof January10,2022,andsubsequent 124
Resolution No.PZ 20-620-03 (General Plan Amendment)Page3 discussionswithHCD;andthesechangesallowHCDtodeterminethattheAmended2021-2029Housing Element meets the statutory requirements of state housing law; andWHEREAS,theCityhasmetalllegalrequirementsforpublicoutreachandobtainingpublic input relating to the proposed Amended 2021-2029 Housing Element.WHEREAS,beforeapprovingtheAmended2021-2029FinalHousingElement,theCityCouncilheldadulynoticedpublichearingonOctober4,2022inwhichallthosewhowishedtospeak were given the opportunity to do so; and.WHEREAS,in addition,beforeapprovingthe Amended2021-2029FinalHousingElementUpdate,theCityCouncilconsideredall evidencein therecord,includingwrittencomments and public comments.WHEREAS,theproposedPlanningandZoning(PZ)PermitNo.20-620-03,GeneralPlanAmendment,replacesinitsentiretythecurrentChapter8(2021-2029FinalHousingElement)withthe Amended 2021-2029 Amended Housing Element; andNOW, THEREFORE, the City Council of the City of Oxnard hereby resolves as follows:

Section1. Theforegoingrecitalsaretrueandcorrectandareherebyincorporatedintotheoperative provisions of this Resolution.

Section2. TheCityCouncilamendsthe2030GeneralPlanto incorporatetheAmended2021-2029 Housing Element in its entirety as Chapter 8.

PASSED AND ADOPTED this 4
th
day of October, 2022,by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:
______________________________________John Zaragoza, Mayor ATTEST:
______________________________________Rose Chaparro, City Clerk APPROVED AS TO FORM:
125
Resolution No.PZ 20-620-03 (General Plan Amendment)Page4 ______________________________________Stephen M. Fischer, City Attorney 126
Resolution No.PZ 20-620-03 (General Plan Amendment)Page5

EXHIBIT A
January 10, 2022 HCD Findings Letter
127
Resolution No.PZ 20-620-03 (General Plan Amendment)Page6 EXHIBIT BJuly 11, 2022 HCD Conditional Certification Letter 128

PLANNING COMMISSIONSTAFF REPORT
TO: Planning Commission
FROM: Kathleen Mallory, AICP, Planning & SustainabilityManagerHeather Davis, Contract Planner DATE: August 18, 2022
SUBJECT: Planning&Zoning(PZ)PermitNo.20-620-03,GeneralPlanAmendment-RecommendingCity CouncilApprovalof the Amended2021-2029Housing Element (6th Cycle) 1) Recommendation:That the Planning Commission:a) ReceiveapresentationontheDraftAmendedCityofOxnard6thCycle2021-2029Housing Element(Attachment 1 - see link); andb) Open the public hearing and receive public input; andc) Adopta Resolution2022-XXrecommendingCityCouncilapprovaloftheDraftAmendedCityofOxnard6thCycle2021-2029HousingElementasChapter8within the 2030 General Plan, (Attachment 2); and 2) Background:OnSeptember16,2021,thePlanningCommissionrecommendedCityCouncilapprovalof the FinalHousingElement(October2021)andassociatedapprovals,includingtheFinalInitialStudy/MitigatedNegativeDeclaration,GeneralPlanLandUseElementamendmentsandfiveordinances.TherecommendationincludedapprovalofamendmentstotheGeneralPlanLandUseElementandZoningtextandmapchangesconcurrentlywiththe6 th
CycleHousingElementsothatatthetimeof6thCycleHousingElementadoption,theappropriatezoneswouldbeinplacetoaccommodateandimplementthesitesidentifiedinSupplement1 oftheHousingElement, including the City’s lower income RHNA allocation.

OnOctober5,2021theCityCounciladoptedResolutionNo.15,490approvingthe2021-20296 th
CycleHousingElement.TheCouncilalsoapprovedGeneralPlanandZoningMapAmendmentstochangelandusedesignationon13parcelsandthezoningdesignationon106parcels(https://arcg.is/HmSS1)tobeconsistentwithSupplement1oftheFinalHousingElement(Resolution15,491)andfive(5)zoningordinancestofacilitateconstructionofhousingunitsasstipulatedintheHousingElement;thesefive(5) ordinances are summarized in Attachment 3.

The Citysubmittedthe adoptedHousingElementto the Stateof CaliforniaDepartmentofHousingandCommunityDevelopment(HCD)for90-dayreviewon 129
Amended 2021-2029 Housing ElementPlanning Commission: August 18, 2022Page2of 9 October8,2021.TheStatelawchangedatthebeginningof2022andshortenedthereview period for adopted Housing Elements to 60-days.

OnJanuary10,2022theHCDcompletedtheirreviewandsentafindingslettertotheCity(Attachment4). TheStatefoundthattheCity’s adoptedHousingElementaddressedmostofthestatutoryrequirementsbutrequiredadditionalrevisionstofullycomplywithStateHousingElementLaw(Article10.6ofGov. Code).HCDidentifiedspecificrequirementstocomplytowithStateLaw, includingrevisionsoradditionalinformation needed regarding the following topics:
a) Affirmatively Furthering Fair Housing (AFFH)(substantialedit);b) Rehabilitation/Renovation(substantial edit);c) Status of pending projects;d) Realistic capacity oncommercially and industriallyzoned parcels;e) AccessoryDwellingunit(ADU)projectionandaffordability(substantialedit);f) Availability of Infrastructure;g) Emergency Shelters (substantial edit);h) Parking Requirements;i) Design Review and Site Plan Review;j) Processing and Permit Procedures;k) Persons with Disabilities (substantial edit);l) Developed Densities and Permit Times;m) Local Coastal Program;n) Single Room Occupancy (SRO) (substantial edit); ando) Public Participation.

Staff hadreviewmeetingswithHCDstaff onFebruary16,2022,March17,2022andApril4,2022toreceiveclarificationonthetopicsintheJanuary10,2022letter. Asaresultofthesemeetings,staffpreparedaConceptualAmendedHousingElementandaresponseletteroutlininghowtheCitywouldaddresstheJanuary10,2022HCDcommentletter(seeAttachment5).Pursuanttostatelaw, theConceptualAmendedHousingElementwas:1)postedontheCity’swebsiteforoneweek;2)notificationofthepostingofthisdocumentwassentto interestedparties;and3)theConceptualAmendedHousingElementwassubmittedtoHCDonMay12,2022(hardcopyMay13th) for the state stipulated 60-day review.

Asa resultoftheMay2022submittaltoHCD,staff hadreviewmeetingswithHCDstaff onJune22ndand28th,2022andHCDstaff askedforfurtherrevisions(seeAttachment6). HCDrequestedadditionalinformationandrevisionto addressconcerns regarding the following topics:
a) AgeandConditionof housingstockinformationandadditionto CodeCompliance Program (substantial edit);b) Guest parking requirements; 130
Amended 2021-2029 Housing ElementPlanning Commission: August 18, 2022Page3of 9 c) Findings for the City’s recently adopted Site Plan Review process; andd) Timing to update the City's Local Coastal Plan.

Pursuantto Statelaw, theProposedRevisionsin responseto HCDinputon theConceptualAmendedHousingElementwere:1)postedontheCity’s websiteforoneweek;2)notificationofthepostingofthisdocumentwassenttointerestedparties;and3) the ProposedRevisionsto the ConceptualAmendedHousingElementwassubmittedtoHCDonJuly7,2022.OnJuly11,2022HCDcompletedtheirreviewoftheConceptualAmendedHousingElementsubmittedonMay12,2022,asrevisedonJuly7, 2022,andissueda ConditionalCertificationletter(Attachment7)fortheAmended2021-2029HousingElement.Accordingto HCD’s letter, theHousingElement will comply when it is adopted, submitted to and approved by HCD.

OnJuly27,2022,theCitypostedtheAmended6thcycle2021-2029HousingElement(July2022- reflectingalloftheeditsstaff recommendedandHCDendorsed).Toaidin review, two versionswereposted: DraftCleanVersionandDraftTrackChange/LegislativeVersion.HousingadvocatesandinterestedpartieswereinformedonJuly27,2022ofthepostingofthereviseddocumentandnotifiedofanupcomingAugust1stvirtualpublicreviewmeeting,andthePlanningCommission’s August18,2022 public hearing. 3) Analysis:ThoughthereareanumberofrequiredchangestotheCityCounciladoptedFinalHousingElement,this staff reportfocuseson the HCDrecommended“substantialchanges”to the Final HousingElement.The substantialandnon-substantialchangesaredescribedindetailinAttachment8(andhighlightedabovein thebackgroundsectionof thestaff report),havebeenreviewedwithhousingadvocates,andpostedon theCity’s HousingElementupdatewebsiteat HousingElementUpdate—CityOfOxnard(onJuly29,2022)fortransparencyandclarity.Detaileddiscussionsofthenon-substantialandsubstantialchangesarealsoprovidedin the letters to HCD on May 13, 2022 and June 28, 2022 (See Attachments 5 & 6).

Recommended Substantial Changes to Housing Element (Since October 2021):
● AffirmativelyFurtheringFairHousing(AFFH)– Goals,Priorities,MetricsandMilestones(Attachment4HCDJan.10,2022LetteronAppendixpages1and2)–HCDrequestedspecific,quantifiablecommitmentstopromotingAFFHinPrograms4,10,11,12,18,19,26,29,35&36.Goalsandactionsmustsignificantlyseektoovercomecontributingfactorstofairhousingissues,andactionsmusthavemetricsandmilestonestoaddresschoice&affordabilityinhighopportunityareas,place-basedstrategiestopreserve&revitalize,andaddressdisplacementrisk.Thelistedprogramshavebeenupdatedwithinformationonexistingmetrics,orwererevisedtoincludenew metrics as discussed below to address HCD’s comment:
a) Program4 - UrbanVillageProgram.The2030GeneralPlanrequiresUrbanVillagesto provide15%affordablehousing.Consistentwiththisrequirement, 131
Amended 2021-2029 Housing ElementPlanning Commission: August 18, 2022Page4of 9 Program4hasbeenupdatedwithametricof372lowerincomeunitswithinUrbanVillageHousingElementSites(NorthMaulhardt,RiverParkSpecificPlanAmendment,and Teal Club);thesenumbersare consistentwithapplicantproposals.NotethatHousingElementProgram24alreadyestablishedthatiftheTealClubAnnexationhasnotoccurredbytheendofFiscalYear2025-2026,theCitywillidentifynewsites.TheonlychangetoProgram4istoalignthemetricfor lowerincomeunitsaccommodatedby thisprogramwiththe proposeddevelopment project.b) Program6 - ZoningCodeAmendment- Program6 hasbeenupdatedwithintheproposedAmendedHousingElementtoincludezoningcodeamendmentstoallowResidentialCareFacilitiesasapermitteduseinzoneswheremultifamilyhousingispermitted,andallowSingleRoomOccupancyunits(SROs)inazoningdistrictbytheendofFiscalYear2022-2023.Program6hasalsobeenupdatedtoincluderevisiontoemergencyshelterstandardstoonlythosethatcomplywithstatelaw,andto reviseReasonableAccommodationfindingsto onlyincludeobjectiveconsiderations.TheonlychangesareupdatestotheOCCtocomplywithexistingState law, and to specify when the code will be updated.c) Program11- HomeOwnershipAssistanceCitywide.Themetricforthisprogramhasbeenrevisedtoassist4 householdsannually, withatleasthalftohouseholdsoriginatingfromlowresourceareasand/orareasdesignatedasR/ECAPs.Thisisan ongoingprogramthatis subjectto availableHome,CalHome,BEGINandinclusionaryin-lieufunds.AtimeframeofJune2023hasbeenaddedwithintheproposedAmendedHousingElementfordevelopinganddisseminatingmarketingmaterialfortheprograminlowresourceorR/ECAPsareastosupporttheCity’santi-displacementstrategybyincreasinghomeownership.Theonlychangesaretoidentifythenumberofhouseholdstobeassisted,specifyingthatatleasthalfofthehouseholdsassistedwouldoriginatefromlowresourcesareasorR/ECAPS,andspecifying the date by when to disseminate marketing materials.d) Program12- MortgageCreditCertificate.Themetricforthisprogramistohelp6mortgagetaxcreditcertificatesperyear, andanadditionalmetrichasbeenaddedfortheVenturaCountyConsortiumtooutreachtoatleasttwenty-fourhouseholds,withatleasthalfofapplicantsfromlowresourceareasand/orareasdesignatedasR/ECAPs.ThisongoingprogramcanbeusedwiththeCity’s HomeOwnershipAssistanceprogramtoqualifyforprivatemortgages.AtimeframeofJune2023hasbeenaddedfordevelopinganddisseminatingfocusedmarketingmaterialforthe programin low resourceor R/ECAPsareasto supportthe City’santi-displacementstrategybyincreasinghomeownership.Theonlychangesaretoidentifythenumberof householdsfor VenturaCountyConsortiumoutreach,specifyingthatatleasthalfofthehouseholdsassistedwouldoriginatefromlowresourcesareasor R/ECAPS,andspecifythedateby whento disseminatemarketing materials.e) Program19 - AFFH.Thisprogramhasbeenupdatedto includeadditionalAnti-displacementStrategies,Place-basedRevitalizationStrategies,andStrategiesto AddressBarriers.Manyoftheexistingactionshavebeenupdatedtoincludemetricsforassistanceto a specifiednumberof householdsandfocusonlow 132
Amended 2021-2029 Housing ElementPlanning Commission: August 18, 2022Page5of 9 resourceareas,areasoflinguisticisolationandR/ECAPs.TheCityhasalsoaddedactionitemsthatutilizetheCity’s ClimateActionandAdaptationPlan(CAAP),GreenAlleyPlan,ParksandRecreationMasterPlan,BicycleandPedestrianFacilityMasterPlanand SustainableTransportationPlanto directgreeninfrastructureandcapitalimprovementsinlowresourceareas.Theonlychangeistofocusonhouseholds/lowresourceareas/linguisticisolationareastobeassistedand other programs and studies the City is currently working on.f) Program26- Extremelylowincomehouseholds.TheProgramobjectivehasbeenmodifiedtoaccommodatea metricofatleast600extremelylow-incomeunitsinareasdesignatedasmoderateorhigherresourceareas.Thisnumberrepresents⅔oftheCity’s extremelylowincomeRHNA.ThetimeframeforProgram26hasbeenupdatedto beginmeetingwithdevelopersannuallyin 2023to facilitateopportunitiestodevelopextremelylow-incomeunits.Program26isanongoingprogramto encouragedevelopmentof housingfor extremelylow incomehouseholds.TheprogramissubjecttoavailableFederal,Stateorlocalgrantfunds.Program22SpecialNeedsGroupshasalsobeenupdatedtoallowsingleroomoccupancyinatleastonezoningdistrictpursuanttoAB2634.Theonlychangesaretoidentifythenumberofextremelylow-incomeunitstobelocatedinmoderateor higherresourceareas,andspecifyinga datewhenthisprogramwillbeimplemented.g) Program29- Cityownedsitesanddeveloperassistance.Program29hasbeenupdatedwitha metricto accommodate193unitsaffordableto lowerincomehouseholdsoncity-ownedpropertiesasidentifiedinSupplement1oftheHousingElement.Thisnumberis consistentwiththe numberof unitsprojectedonCity-ownedsitesinSupplement1oftheHousingElement.Theonlychangesareto identifythenumberoflowerincomeunitsonCity-ownedproperties,andtospecify the date to begin community outreach.h) Program34(RenumberedfromProgram36)- Pre-ApprovedAccessoryDwellingUnits(ADU).TheCitycommitstoincorporatingrelevantandusefulADU/CountyREAPinformationon theCity’s PlanningDepartmentwebsitebyFiscalYear2023-2024,providedtheCountyhascompletedtheADUdesignatthattime.Theprogramdescriptionhasbeenupdatedtoincludeanobjectiveofreducingoveralldevelopmentcoststhroughpre-approvedplansandstreamlinedapprovals.Ametrichasalsobeenaddedtoaccommodateatleast320ADUstoincreasehousingchoiceandmobilitytohigherresourceareas.TheonlychangesaretoclarifythenumberofADUsprojectedtobeaccommodatedthroughtheADUprogramsandcommittingto utilizepre-approvedADUplansif acceptableby theBuildingOfficial. ● Rehabilitation/RenovationUnits(Attachment4 HCDJan.10,2022LetteronAppendixpage2andfollow-updiscussionswithHCDstaffonJune22,2022andJune28,2022)- HCDrequestedthattheHousingElementclarifythenumberofestimatedhousingunitsinneedofrehabilitationorreplacementandincludequantifiedobjectivesto becloserin linewiththeestimates. TheproposedAmendedHousing 133
Amended 2021-2029 Housing ElementPlanning Commission: August 18, 2022Page6of 9 ElementSectionB.6HousingStockCharacteristicswasupdatedto provideanestimate of the number of units in need of rehabilitation or replacement (page B-19).

Program1 in ChapterG wasalsoupdatedtoincludea targetedhousingconditionssurveyasrequestedbyHCDreviewerMelindaCoyin discussionswiththeCity’sHousingElementconsultant,Placeworks,in a phonecallon June28,2022.TheProgram1 revisionisa commitmentfortheCitytocompletea windshieldhousingconditionsurveyintargetedolderandlowerincomeneighborhoodsduringFiscalYear(FY)2024-2025,whichwillhelptoinformtheCityonwhererehabilitationeffortsshouldbefocused.Thesurveywillbeconductedbyvisuallyassessingexteriorofhomessuchas roofing,windows,andsidingconditionsandcategorizingunitsassound,in needof minorrepair, moderaterepair, substantialrehabilitationordilapidated.Baseduponthesurveyfindings,inFY2025-2026theCitywillidentifyspecificneedsandtailorhousingrehabilitationmeasurestofitthoseneeds,suchasencouragehousingpreservation,conservation,acquisitionrehabilitation,mitigationofpotentialcosts,andminimizingdisplacementandrelocationimpactsonresidents.ThisrevisioncreatesaCityobligationthatwillrequiresubstantialstaff timeandresourcestoimplement.Anestimateofmanhoursneededforthistypeofsurveyarenotknownat thistime,as theyaredependentonthescaleofthesurveyandthenumberofneighborhoodstargeted.Manycommunitieshave fundedsuch studieswithCommunityDevelopmentBlockGrantfundsspecificallyawardedforthistypeofsurvey. The only change was to create a survey program. ● AccessoryDwellingUnit(ADU)projectionsandaffordability(Attachment4HCDJan.10,2022LetteronAppendixpage3 anddiscussionwithHCDonMarch8, 2022andMarch17,2022)- HCDquestionedintheirJanuary10,2022lettertheCity’s FinalHousingElement(October2021)projectionof490ADUstobeconstructedfrom2021to2029.TheCityhadprojectedthatnumberofADUsbasedonthe54ADUbuildingpermitsissuedin2021(54x8.8year6thcycletimeframe=475)asaresultoftheCity’s recentADUcodeupdate,streamlinedbuildingpermitprocess,andcreationof4 newADUHousingElementprogramsandthenonetlossprogram(Program3) in the FinalHousingElement. On March8, 2022,in a CitycorrespondencetheCityaskedHCDto reconsidertheirpositionandprovidedananalysisontheADUprojectionsanddatajustifyingADUaffordabilityassumptionsbasedonentitlementapplicationrentalsurveys.DuringavirtualmeetingbetweentheCityandHCDstaff onMarch17,2022,HCDstaff indicatedthata revisedADUprojectof 320unitswouldbe acceptablebasedon buildingpermithistory. StaffreviewedupdatedbuildingpermitdataandsiteinformationanddeterminedthattheProjectedADUsreflectedintheHousingElementcouldbereducedtothe320units.HCDstaff alsoindicatedthatbasedon the dataprovidedon March8, 2022,approximately10%of theprojectedADUsshouldbe reflectedas moderate.ThenumberandaffordabilityofprojectedADUsinSectionF.2(AccessoryDwellingUnitPotential)andin TableF-3(pageF-13)havebeenupdatedtoreflect320projectedADUsfor2021-2029andtheremainingnumberofADUs(283)aftersubtractingbuildingpermitstodateintheRHNAcycle.Withthisadjustment,theCitywillstill 134
Amended 2021-2029 Housing ElementPlanning Commission: August 18, 2022Page7of 9 havesufficientunitstomeetRHNAinallincomecategories.Theonlychangewastoreduce the number of ADUs and level of affordability in meeting our RHNA. ● Zoningfora Varietyof HousingTypes(EmergencyShelters)(Attachment4HCDJan.10,2022LetteronAppendixpage3 anddiscussionwithHCDonFebruary15,2022)- DuringtheFebruary15,2022virtualmeeting,HCDstaffidentifiedthattheCity’s standardsforemergencyshelters(OxnardCityCode(OCC)Section16-504)are greaterthanthoseapplicableto residentialor commercialdevelopmentwithinthesamezone.ConsistentwiththeStatelaw, Program6(ZoningCodeAmendments)hasbeenrevisedtoincludeanupdatetoOCCSection16-504foremergencyshelters.Theonlychangeistoallowdevelopmentstandardsspecifictotheunderlyingzone and those standardslisted in GovernmentCode Section65583(a)(4)(A). ● PersonswithDisabilities(Attachment4 HCDJan.10,2022LetteronAppendixpage4)- InresponsetoHCD’s comments,Program27(ParkingStandards)hasbeenupdatedto lista revisionto OCCSection16-622(Off-streetParking)tomovetherequirementsforparkingforpersonswithdisabilities(assistedliving,nursinghome)fromtheHealthServicescategorytotheResidentialcategory,andexpandthetypesofresidentialcarefacilitiestorecognizechangesintheindustry(currentlyonlyassistedlivingandnursinghomearelistedto encompassthevarioustypesofseniorcarefacilities,includingresidentialcarefacilities,independentliving,memorycare,etc.Programs6 (ZoningCodeAmendments)and21(ReasonableAccommodation)havealsobeenupdatedto reflecta revisionto OCCSection16-501.5(ReasonableAccommodation-Findings)byendofFiscalYear2022-2023toonlyincludeobjectiveconsiderations,consistentwithStatelaw. Theonlychangesarerevisiontoresidentialcare facility requirements to comply with current state and federal law. ● HousingProgramsSRO's(Attachment4HCDJan.10,2022LetteronAppendixpage5)- HCDrequestedaCitycommitmenttoamendtheOCCtoallowSROsinatleastonezone,consistentwithAssemblyBill(AB)2634.Programs6(ZoningCodeAmendments)and22 (SpecialNeedsGroups)withintheConceptualAmendedHousingElementhavebeenupdatedtoprovidelanguagetoallowSROsinatleastonezonedistrict,ratherthan‘studytheallowance.’NotethatthepolicydecisiononwhichzonewillaccommodateSROswillbereviewedbytheCityCouncilandimplementedwithintheprescribedtimeframe.ThetimeframeforupdatingtheOCCperHousingElementProgram6 and 22 is FiscalYear 2022-2023.Theonlychangeis acommitment to allow SROs, consistent with current state law.

Revisions to Adopted Final Housing Element from New Information and City Actions:
● PublicParticipation- AftertheConceptualAmendedHousingElementwaspostedforpublicreviewinMay2022,staff receivedanemailfromBarbaraMacri-OrtizonMay25,2022(Attachment9).Staff metwithMs.Macri-Ortiztwotimes(May31,2022andJuly29,2022)toanswerquestionsanddiscussrequestedrevisionstothe 135
Amended 2021-2029 Housing ElementPlanning Commission: August 18, 2022Page8of 9 ConceptualAmendedHousingElement.Basedoninput,thefollowingrevisionsarerecommended and have been included in the proposed Amended Housing Element:a) FigureB-12RaciallyorEthnicallyConcentratedAreasofPoverty(R/ECAPS)maphasbeenaddedtoChapterB.TheHousingElementcurrentlyincludesmapsin ChapterB thatidentifydisadvantagedareasin the Citysuchas TCACOpportunityAreas,LinguisticIsolation,andCalEnviroScreen4.0.Ms.Macri-Ortizidentified,andstaff concurs,theneedforidentificationofR/ECAPS,whichwouldbehelpfulforaffordablehousingdeveloperstoidentifyareaswithgreaterneedandassociated availability of public funding.b) Discussionon theJustCauseEvictionordinance(Ord.No.3012)anda RentStabilizationordinance(Ord.No.3013)thatwererecentlyadoptedonMay3,2022hasbeenaddedtoSectionB.8FairHousingintheHousingElementandProgram19 AFFH. The program recognizes implementation of the adopted ordinances. ● CurrentInformation– TheDraftAmendedHousingElementhasbeenupdatedtoincludecurrentinformation,suchasnumberofpermitsissuedandapprovalstatus;andrevision/removalof programsthathadbeenimplementedsincetheCityCouncil’sadoptionofthe2021-2029FinalHousingElementinOctober2021.Thefollowingupdatesarereflectedin theproposedDraftAmended2021-2029HousingElement(Attachment 1).a) SectionD.2 (HousingProductionProgress)has been updatedto reflectentitlements,buildingpermitsandcertificatesofoccupancybetweenJune30,2021andFebruary28,2022.TablesD-2,D-3& F-3(ResidentialUnitsApproved,RemainingRHNA,andComparisonofSiteCapacity)havebeenupdatedtoreflectapprovals through February 28, 2022.b) SeveralsectionsandprogramsintheHousingElementwererevisedtoreflectCityCouncilsapprovalin October2021to rezoneparcelsandreviseGeneralPlandesignationstoaccommodateRHNA.TablesE-1,E-2andE-3andassociatedtextwere updatedto includedevelopmentstandardsfor the newlyadopted-AHP/-AHDAdditiveZones.DescriptionandfindingsfortheCity’snewSitePlanReviewpermitwereaddedtoChapterE. Program3 wasrevisedandrenamedfrom“Rezoneto MeetRHNA”to “NoNetLossMonitoring,”andProgram30(VacantRepeatSitesforLowerIncomeRHNA)andProgram31(Non-VacantRepeat Sites for Lower-Income RHNA) have been removed as fulfilled programs.c) CodecompliancecasedatahasbeenupdatedfromrecentquarterlyreportsthroughMarch 2022.d) Supplement1 siteshavebeenupdatedtoreflecttheCityCouncilOctober2021rezoneofparcelsandthecurrentprojectstatushasbeenupdated.Forexample,onSite1 the LockwoodSeniorApartments(173lower-incomeunits)andtheLockwood2 SeniorApartments(168lower-incomeunits)wereapprovedbythePlanning Commission on December 16, 2021 and May 5, 2022, respectively.e) FigureS-1wasupdatedto reflecta reconfigurationoflotsresultingfromtheWagon Wheel (Village Specific Plan) Final Map. 136
Amended 2021-2029 Housing ElementPlanning Commission: August 18, 2022Page9of 9 4) GeneralPlanConformity:AnanalysisofGeneralPlanconformitywasconductedforCityCounciladoptionofthe2021-2029FinalHousingElementonOctober5,2021andis containedin approvaldocuments.TheproposedAmendmentto the2021-2029HousingElementdoesnotchangethisanalysis.Additionally, theactionoftheCityCouncilonOctober5,2021toupdatetheGeneralPlanLandUseElementensuredthattheLandUseandtheHousingElementwouldbeinternallyconsistentandsupport actions and development densities allowed within the Housing Element. 5) CaliforniaEnvironmentalQualityAct(CEQA)Review:OnOctober5,2021theCityCouncilapprovedanInitialStudy- MitigatedNegativeDeclaration(IS/MND-No.2021-01)for the2021-2029FinalHousingElementandrelatedactionsinaccordance with CEQA Guidelines, Section 15070; seehttps://www.oxnard.org/housing-element-update/.

ConsistentwithCEQAGuidelinesSections15162and 15164,the proposedamendmenttothe2021-2029FinalHousingElementupdatesexistinginformationanddoesnottriggertheneedto preparea subsequentorsupplementalenvironmentaldocument. 6) CommunityOutreach:AnoticeofpublichearingwaspostedintheVenturaCountyVidanewspaper, andanemailsenttotheCity’s HousingElementinterestedpartieslist.TheDraft Amended2021-2029HousingElementwaspostedon theCity’swebsiteandnotificationwassenttotheCity’sHousingElementinterestedpartieslistonJuly26,2022,alongwithnotificationofCommunitydrop-inhours.OnAugust1,2022from3pmto5pm,staffhostedcommunitydrop-inhoursforthepublictodiscussanyquestionstheyhadontheproposedDraftAmended2021-2029HousingElement.Otherthanthe summaryof discussionswiththe affordablehousingadvocatessummarizedaboveunderanalysis,noadditionaldiscussionhasbeenreceivedfrommembers of the public since the preparation of this staff report.

Attachments:1. DraftAmendedCityof Oxnard6thCycle2021-2029HousingElement(seehttps://www.oxnard.org/housing-element-update/)2. Resolution for General Plan Amendment3. Summary of Ordinances approved in October 20214. January 10, 2022 Findings letter from HCD5. May 13, 2022 Resubmittal Letter with Response to HCD Requirements6. June 28, 2022 Addendum to May 2022 Conceptual Amended Housing Element7. July 11, 2022 Conditional Certification Letter from HCD8. Summary Matrix of Revisions to 2021-2029 Final Housing Element (October2021)9. Public Comment(s)10.Staff Presentation 137
Attachment 1Seehttps://www.oxnard.org/housing-element-update/ Draft Amended City of Oxnard 6th Cycle 2021-2029 Housing Element (July 2022) The City’s Draft Amended Housing Element can be downloaded here. Two versions are available: Draft Clean Version and Draft Track Change/Legislative Version. This document will be reviewed by the Planning Commission on August 18, 2022 and considered by the City Council in early Fall 2022.

You can download the
Clean Draft (July 2022) of the
Housing Element here
.

The Legislative Version reflects changes made to the October 2021 Adopted Housing Element in response to input received during the public comment period, follow up meetings with housing advocates, and input from meetings and written correspondence from HCD. Removed text is shown in strikethrough and new text has been underlined.

The text that was revised following the May 2022 published Conceptual Draft Housing Element has additionally been denoted by highlighted text and is summarized in the following table.

You can download the
Legislative Draft (July 2022)
of the Housing Element here
.
138
Attachment 2
Resolution of General Plan Amendment
139
RESOLUTION NO. 2022 – [PZ 20-620-03]
RESOLUTIONOFTHEPLANNINGCOMMISSIONOFTHECITYOFOXNARDRECOMMENDINGTHATTHECITYCOUNCILAMENDTHE2030GENERALPLANGOALSANDPOLICIESDOCUMENTBYADOPTINGTHEAMENDED2021-2029HOUSINGELEMENT(6THCYCLE)(PZ20-620-03).FILEDBYCITYOFOXNARD,COMMUNITYDEVELOPMENTDEPARTMENT, 214SOUTHC STREET, OXNARD,CA, 93030.

WHEREAS,GovernmentCodeSection65300requireseachlegislativebodyandplanningagencyto prepareand adopta comprehensive,long-termgeneralplanfor the physicaldevelopmentof thecityandanylandoutsideits boundarieswhichin theplanningagency’s judgment bears relation to its planning; andWHEREAS,theCaliforniaStateLegislatureidentifiedtheState’s majorhousinggoalastheattainmentofadecenthomeandsuitablelivingenvironmentforeveryCalifornianandduetothecriticalrolethatlocalplanningprogramsplayinachievingthisgoal,theCaliforniaStateLegislaturerequiresthatalljurisdictionsprepareandperiodicallyreviewandupdatea Housing Element as the directed by the California State Legislature; andWHEREAS,GovernmentCodeSection65583listsrequirementsoftheHousingElementwhereineachHousingElementmustcontain“anidentificationandanalysisof existingandprojectedhousingneedsandastatementofgoals,policies,quantifiedobjectives,financialresources,and scheduledprogramactionsfor the preservation,improvement,anddevelopment of housing”; andWHEREAS,theCityofOxnard(City)fallswithinthemetropolitanplanningregioncoveredbytheSouthernCaliforniaAssociationof Governments(SCAG)andforeachHousingElementplanningcycle,SCAGisrequiredtodeterminetheshareoftheregionalhousingneedstobeallocatedtoeachcityandunincorporatedcountyareawithintheSCAGregion,and this process is called the Regional Housing Need Assessment (RHNA); andWHEREAS,theHousingElementrequiresreviewandcertificationbytheStateofCalifornia,Department of Housing and Community Development (HCD); andWHEREAS,theCityofOxnard2030GeneralPlanwasadoptedonOctober11,2011;andtheoperativedocumentsof theOxnard2030GeneralPlanconsistofthe(1)BackgroundReport(2006),and the (2) GoalsandPolicieswhichincludesthe HCD-certified2006-2014 Housing Element as Chapter 8; andWHEREAS,theCityCounciladoptedthe5 th
Cycle2013-2021HousingElementupdateonDecember13,2016,andtheMid-Cycle2013-2021HousingElementupdateonOctober10, 2017. Both updates were certified by HCD; andWHEREAS,theCityCounciladoptedthe6 th
Cycle2021-2029FinalHousingElementonOctober 5, 2021; andWHEREAS,OnOctober8,2021theadopted2021-2029FinalHousingElementwassubmittedtoHCD for 90-day review; andWHEREAS,OnJanuary10,2022HCDcompletedtheir90-dayreviewandsentafindingsletterto theCity, incorporatedbyreferenceasExhibit“A.”TheStatefoundthattheCity’s 140
Resolution No. 2022-PZ 20-620-03 (General Plan Amendment)Page2 adoptedHousingElementaddressedmostof thestatutoryrequirementsbutrequiredadditionalrevisionstofullycomplywithStateHousingElementLaw(Article106ofGov.Code), and included a request for specific revisions or additional information; andWHEREAS,CityStaff metwithHCDonFebruary16,2022,March17,2022andApril4,2022toreceiveclarificationonthetopicsintheJanuary10,2022letter. InresponsetotheState’sreview, a ConceptualAmendedHousingElementwaspreparedtoaddressHCD’s letter.TheConceptualAmendedHousingElementwaspostedon the City’s websiteandnotificationwassenttotheCity’s HousingElementinterestedpersonslistonMay5,2022,andtheConceptualAmendedHousingElementwassubmittedtoHCDonMay12,2022for a 60-day review period; andWHEREAS,Baseduponfollow-updiscussionswithHCDstaffonJune22ndand28th,2022,staffpreparedanAddendumto the ConceptualDraft6th Cycle2021-2029AmendedHousingElement.TheAddendumalsoaddressedHCD’s commentsand minorrevisionsresultingfromongoingcommunityinputontheMay2022ConceptualDraftAmendedHousingElement.TheAddendumwaspostedontheCity’s websiteandnotificationwassenttotheCity’s HousingElementinterestedpersonslistonJuly1,2022,andtheAddendumwassentto HCD on July 7, 2022; andWHEREAS,OnJuly11,2022HCDcompletedtheirreviewoftheConceptualAmendedHousingElementsubmittedonMay12,2022,asrevisedonJuly7,2022,andissuedaConditionalCertificationletter, incorporatedbyreferenceasExhibit“B.”HCD’s letterstatedthattheHousing Element will comply when it is adopted, submitted to and approved by HCD; andWHEREAS,thedocumentsandothermaterialthatconstitutetherecordofproceedingsuponwhichthe2030GeneralPlanislocatedinthePlanningDivision,andthecustodianoftherecord is the Planning Manager; andWHEREAS,theproposedAmended2021-2029HousingElementisconsistentwiththeCityofOxnard 2030 General Plan and the certified Coastal Land Use Program; and.WHEREAS,theproposedAmended2021-2029HousingElementUpdatemeetstherequirementsofstatelaw(GovernmentCodeSection65880etseq.) andassociatedregulationsrelatingto Housing Elements; and.WHEREAS,consistentwiththerequirementsofstatelaw, theproposedAmended2021-2029HousingElementidentifiesandanalyzesthecurrentandfuturehousingneedswithintheCityofOxnardandidentifiesgoals,policiesandprogramstoprovidecertainservicesandensureadequateopportunitiesforhousingofallincomelevelsfortheplanningperiodsetby the State of California; andWHEREAS,changeshavebeenmadetotheFinal2021-2029HousingElementtoaddresstheissuesraisedby HCDasreferencedin itsletterofJanuary10,2022,andsubsequentdiscussionswithHCD;andthesechangesallowHCDtodeterminethattheAmended2021-2029 Housing Element meets the statutory requirements of state housing law; andWHEREAS,theCityhasmetalllegalrequirementsforpublicoutreachandobtainingpublicinputrelating to the proposed Amended 2021-2029 Housing Element .WHEREAS,beforemakingitsrecommendationregardingthe Amended2021-2029HousingElement, thePlanningCommissionhelda dulynoticedpublichearingonAugust18,2022 in which all those who wished to speak were given the opportunity to do so; and 141
Resolution No. 2022-PZ 20-620-03 (General Plan Amendment)Page3 WHEREAS,the proposedPlanningandZoning(PZ)PermitNo.20-620-03,GeneralPlanAmendment,replacesin its entiretythecurrentChapter8 (2021-2029FinalHousingElement) with the Amended 2021-2029 Amended Housing Element; andWHEREAS,inaddition,beforemakingitsrecommendationregardingtheAmended2021-2029HousingElement,the PlanningCommissionconsideredall evidencein therecord,including written comments and public comments.NOW, THEREFORE, the Planning Commission of the City of Oxnard hereby resolves as follows:

Section1. Theforegoingrecitalsaretrueandcorrectandareherebyincorporatedintotheoperative provisions of this Resolution.

Section2.ThePlanningCommissionrecommendsthattheCityCouncilamendthe2030GeneralPlantoincorporatetheAmended2021-2029HousingElementinitsentiretyasChapter 8.

PASSED AND ADOPTED by the Planning Commission of the City of Oxnard on this 18 th
day ofAugust, 2022, by the following vote:

AYES: Commissioners:NOES: Commissioners:ABSENT: Commissioners:

Daniel Chavez Jr., ChairATTEST: ______________________________Joe Pearson, Secretary 142
Resolution No. 2022-PZ 20-620-03 (General Plan Amendment)Page4

EXHIBIT A
January 10, 2022 HCD Findings Letter
143
Resolution No. 2022-PZ 20-620-03 (General Plan Amendment)Page5 EXHIBIT BJuly 11, 2022 HCD Conditional Certification Letter 144
Attachment 3
OrdinanceNo.2999repealingtheAll-affordableHousingOpportunityProgram(AAHOP)andreplacetheseregulationswithnewlycreatedAffordableHousing,Permitted(-AHP)AndAffordableHousing,Discretionary(-AHD)AdditiveZoneDefinitions,Designationsand Regulations in OCC Sections 16-420a through 16-420k; and OrdinanceNo.3000amendingtheGeneralCommercialzonepermittedandrelatedusesinOCCSection16-135& 16-136to allowupto 30dwellingunitsperacreonparcelsidentified as AHP or AHD; and OrdinanceNo.3001amendingtheBusinessAndResearchPark(BRP)zonepermittedusesinOCCSection16-162&16-163toallowupto30dwellingunitsperacreonparcelsidentified as AHP or AHD; and OrdinanceNo.3002amendingtheDensityBonusordinanceinOCCSection16-410toallowDensityBonuspermitapprovalbytheapprovalauthorityauthorizedtoapprovetheassociateddiscretionaryorministerialpermitapprovalfortheunderlyingdevelopmentpermit; and OrdinanceNo.3003creatingaMinisterialSitePlanReviewprocessOCCSections16-523through 16-523.12. 145
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Attachment 5
May 13, 2022 Resubmittal Letter with Response toHCD Comment Letter Dated January 10, 2022(Submittal of Conceptual Draft Amended Housing Element - Identifying in Text Formathow the City would Address HCD’s January 10, 2022 Comment letter) 147
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160
Attachment A1 - Capacity Analysis of Commercial and Industrial Sites 2013-2021 Housing Element Commercial and Industrial Sites Development Status AAHOP
Number
APN Site Description GP Des Zoning Total Acreage
Buildable
Acreage
Allowable
Density
Site Capacity
All Affordable
Overlay Site
Zone
Affordabili
ty
Level
Developed with
New
Commercial?
Site Continued
in 6th cycle
Housing
Element
Development Status
(No Change = No
improvements since 2013-
2021 Mid-Cycle Housing
Element)
Vacant
A-05 225001418 Vacant CG C2-PD 13.9 11 24 211 VL/L No Yes No change B-01 139026025 2121 N. Oxnard
Blvd
Auto sales lot CG C2-PD 5.2 4.5 24 65 VL/L No No No change B-02 222015208 4684 & 4700
Saviers
Eagles Lodge RMH C-2-PD* 1.16 1.16 24 17 VL/L No Yes No change 222015202 Propane gas distributor RMH C-2-PD* 0.59 0.59 24 8 VL/L No Yes No change B-06 203012048 1331 - 1369
Saviers Rd
garage bldg CG C2 0.77 0.77 24 11 VL/L No Yes No change 203012050 Com. strip center CG C2 0.24 0.24 24 3 VL/L No Yes No change 2,500 sf total in No Yes No change
203012041 two garage CG C2 0.35 0.35 24 5 VL/L No Yes No change buildings No Yes No change
B-07 205044308 3461 Saviers Rd partly vacant former
market/swap meet
CG C2 4.2 4.2 24 60 VL/L No Yes No change
B-11 223004104 5690 Cypress Rd vacant ILM* M1-PD* 0.37 0.29 24 6 VL/L No No Developed with Residential, Garden City Labor Camp,
100% affordabe
B-12 222001126 5513 Saviers residence, CG C-2 PD 0.92 0.92 24 13 VL/L No No No change vehicle storage
222001111 5777 S. Saviers vacant CG C-2 PD 0.45 0.45 24 6 VL/L No Yes No change 222001130 161 W. Hueneme vacant CG C-2 PD 1.7 1.7 24 24 VL/L No Yes No change 222001129 5489 S Saviers SF residence CG C-2 PD 0.92 0.92 24 13 VL/L No No No change 222001128 5527 S Saviers vacant CG C-2 PD 0.90 0.90 24 22 VL/L No No Developed with Ormond Beach Villas 39 veteran
units, 100% affordable
222001127 5527 S Saviers vacant CG C-2 PD 0.91 0.91 24 22 VL/L No No Developed with Ormond Beach Villas 39 veteran
units, 100% affordable
222001110 5577 S Saviers auto repair CG C-2 PD 0.31 0.31 24 4 VL/L No No no change 161
Attachment A 1- Capacity Analysis of Commercial and Industrial Sites B-13 222010201 Saviers and
Pleasant Valley
vacant CG C-2-PD 0.44 0.38 24 5 VL/L No Yes No change
222010218 parking lot CG C-2-PD 0.13 0.13 24 2 VL/L No No no change 222010219 restaurant CG C-2-PD 0.34 0.34 24 5 VL/L No No no change 222010225 vacant CG C-2-PD 0.01 0.01 24 0 VL/L No No no change 222010227 vacant CG C-2-PD 0.01 0.01 24 0 VL/L No No no change B-14 202005409 2nd St Vacant. bldg CG C-2 0.16 0.16 24 2 VL/L No Yes No change 202005408 parking lot CG C-2 0.16 0.16 24 2 VL/L No Yes No change 202005407 Vacant building (city
owned)
CG C-2 0.32 0.32 24 5 VL/L No Yes No change
202005410 vacant CG C-2 0.16 0.16 24 2 VL/L No Yes no change 202005404 vacant CG C-2 0.16 0.16 24 2 VL/L No Yes no change 202005403 vacant CG C-2 0.16 0.16 24 2 VL/L No Yes no change 202005402 vacant CG C-2 0.16 0.16 24 2 VL/L No Yes no change B-19 203004114 800-900 blocks of commercial CG C-2-PD 0.09 0.09 24 2 VL/L No No no change 203004115 W . W ooley Rd commercial CG C-2-PD 0.18 0.18 24 5 VL/L No No no change 203004116 commercial CG C-2-PD 0.09 0.09 24 2 VL/L No No no change 203004117 commercial CG C-2-PD 0.09 0.09 24 2 VL/L No No no change 203004118 commercial CG C-2-PD 0.35 0.35 24 9 VL/L No No no change 203004119 commercial CG C-2-PD 0.18 0.18 24 4 VL/L No No no change 203004216 commercial CG C-2-PD 0.09 0.09 24 2 VL/L No No no change 203004217 commercial CG C-2-PD 0.18 0.18 24 4 VL/L No No no change 203004218 commercial CG C-2-PD 0.35 0.35 24 8 VL/L No No no change 203004219 commercial CG C-2-PD 0.18 0.18 24 4 VL/L No No no change 203004222 commercial CG C-2-PD 0.18 0.18 24 5 VL/L No No no change 203004226 commercial CG C-2-PD 0.01 0.01 24 0 VL/L No No no change Largely Vacant Structure
C-01 142001034 Levits parking lot CG C2-PD 5.3 5.3 24 76 VL/L No No no change 142002101 vacant Levitz CG C2-PD 3.6 3.6 24 52 VL/L No No no change C-03 222008229 207-631 W .

Hueneme
older strip com. CG C-PD* 0.7 0.7 24 10 VL/L No yes no change 222001128 older strip com. CG C-PD* 1.37 1.37 24 20 VL/L No yes no change 222001127 vacant CG C-PD* 0.27 0.27 24 4 VL/L No yes no change 222001126 vacant CG C-PD* 1.09 1.09 24 16 VL/L No yes no change 222008265 older strip com. CG C-2 0.29 0.29 24 4 VL/L No yes no change 222008263 older strip com. CG C-2 1.48 1.48 24 21 VL/L No yes no change 162
Attachment A1 - Capacity Analysis of Commercial and Industrial Sites 222008257 older strip com. CG C-2 0.59 0.59 24 8 VL/L No yes no change 222008255 older strip com. CG C-2 0.59 0.59 24 8 VL/L No yes no change 222008256 parking lot CG C-2 0.29 0.29 24 4 VL/L No yes no change 222008258 older strip com. CG C-2 0.3 0.3 24 4 VL/L No yes no change Constrained
D-03 203007028 1132 S. C St. vacant CG C-PD* 0.29 0.29 24 6 VL/L No Yes no change D-05 205014132 Pleasant Valley
Shopping Center
Unique Characteristics CG C2 7.8 3 24 43 VL/L No No no change D-06 200010002 1345 N. Oxnard car dealership CG C2-PD 2.82 2.82 24 41 VL/L No Yes Active application for residential, 195 units, 100%
affordable
200010003 car dealership CG C2-PD 1.13 1.13 24 16 VL/L No Yes Active application for residential, 195 units, 100%
affordable
200010004 car dealership CG C2-PD 4.47 4.47 24 64 VL/L No No no change D-07 200008219 1205 N. Oxnard
Bvd
dealership CG C2-PD 2.8 2.5 24 36 VL/L No Yes no change D-10 203007034 1111 S. Saviers
Rd
CG C2 1.4 1.3 24 19 VL/L No Yes no change
D-11 204006003 1225 to 1263 S
Oxnard
auto shop CG CM-PD 0.6 0.6 24 9 VL/L No Yes no change
204006004 small offices CG CM-PD 0.7 0.7 24 10 VL/L No Yes no change 204006012 vacant CG CM-PD 0.85 0.85 24 12 VL/L No Yes no change 204006013 9 apartments CG CM-PD 0.5 0.5 24 7 VL/L No Yes no change D-12 204007301 1325to 1401 S.

Oxnard
bar & parking CG C-2 0.34 0.34 24 5 VL/L No No no change 204007302 auto sales CG C-2 0.34 0.34 24 5 VL/L No Yes no change 204007317 auto sales CG C-2 0.17 0.17 24 2 VL/L No Yes no change 204007318 auto sales CG C-2 0.17 0.17 24 2 VL/L No Yes no change D-14 183025021 SE corner
Patterson Rd &
W. Wooley Rd
industrial bdg IL ML 0.5

0.5 24 12 VL/L No No no change
183025013 industrial bdg IL M-PD 0.4 0.4 24 10 VL/L No No no change 183025015 industrial bdg IL M-PD 0.4 0.4 24 10 VL/L No No no change 183025023 industrial bdg IL ML 1.5 1.5 24 36 VL/L No No no change 183025024 self storage IL ML 2.4 2.4 24 57 VL/L No No no change 183025018 industrial bdg IL M-PD 0.2 0.2 24 5 VL/L No No no change 183025019 industrial bdg IL M-PD 0.3 0.3 24 5 VL/L No No no change 183025009 industrial bdg IL ML 0.6 0.6 24 14 VL/L No No no change 183025010 industrial bdg IL ML 0.4 0.4 24 10 VL/L No No no change 163
Attachment A1 - Capacity Analysis of Commercial and Industrial Sites 183025012 industrial bdg IL M-PD 0.3 0.3 24 8 VL/L No No no change 183025022 industrial bdg IL ML 1.2 1.2 24 29 VL/L No No no change 164
Attachment A2 to A4 – Redacted

165
Attachment 6
June 28, 2022 Proposed Revisions to Conceptual Draft Amended Housing Element(Revisions to Conceptual Amended Housing Element) 166
167
168
169
170
171
172
173
174
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176
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/i255/1/2/2/3/4/5/6/7/8/2/i255/9/i255
/i255/11/12/13/14/i255/15/15/16/i255/17/18/17/17/i255/19/20/21/i255/20/22/23/24/25/26/25/22/23/27/13/i255/20/28/29/26/25/30/25/31/27/26/25/22/23/i255/32/28/26/26/28/29/i255 /i255/33/28/28/i255/34/35/36/25/37/25/26/i255/38/i255/22/30/i255/39/26/26/27/31/36/40/28/23/26/i255/17/i255 178
Attachment 8
Summary Matrix of Revisions to Final Housing Element (October 2021) 179
1 Attachment No. 8Thisattachment providesa matrixofrevisionsto theOctober2021AdoptedHousingElement. EditstotheHousingElement arenotedbelowinlegislativeformat;text toberemovedisshowninstrikethroughandnewtext is underlined. Thematrixincludeschangesreflectedin1)theCityofOxnardConceptualDraftAmended2021-2029HousingElementthatwasreleasetothepublicoftheonMay5,2022andsubmittedtoHCDonMay12,2022(May13,2022LettertoHCD);and2)RevisionsthatwerepublishedonJune28,2022andsenttoHCDonJuly7,2022(June28,2022lettertoHCD),whichwerebasedonfollowupinputfromHCDdiscussionswithstaff on June 22nd and 30th, 2022 and ongoing community input on the May 2022 Draft.

OnJuly11,2022HCDsent aconditionalcertificationletterbasedontheMay2022DraftandtheproposedJuly7, 2022 revisions.

Thefollowingrevisionssummarize changesto theCityCounciladoptedHousingElement (October2021).Changescanbecategorizedassubstantialandnon-substantialchanges.Changeshave beenreviewedwithhousing advocates and interested parties. Most of the changes can be considered non-substantial.

PageNumber
SubstantialChange/Non-SubstantialChange
UpdatedInformation orInput Received
Description of Change Staff Comment
PageB-19
Non-substantial change
Date January10, 2022Findings Letterfrom HCD(Attachment 4);and June 22,2022 and June28, 2022meetings withHCD(Attachment 6June 28, 2022Letter to HCD) -clarify thenumber ofestimatedhousing units inneed ofrehabilitation.

CurrentInformation:Update CodeCompliancedata through2022 and “The City relies on anecdotalinformationfrominspector, PoliceandFire department fieldpersonnel,andCode Compliancecases to providestatistics on the conditionof thehousingstock. From 2015through2022,CodeCompliancehasopenedatotalof518substandardhousingcases,investigated a total of 2,168substandard Housing cases andresolved/closed 529 substandardhousing cases.” “As summarized in Table B-25,approximately 45 percent of thehousingunits in the City wereconstructedpriorto1970andmaybeinneedofsometypeofrehabilitationorreplacement. Althoughage doesnotalways correlate with substandardhousingconditions,neighborhoodswitha concentrationofhomes50years old(ormore) are more likelythannewerneighborhoodsto experiencehousingproblemsstemmingfrom deferredmaintenance,inadequate landscaping,andoutdated utilities,andthereforeapproximately11,440unitscouldbeinneedof rehabilitation.However, thisdoesnot considerongoingproperty The codecomplianceinformation isbeingupdatedtoinclude currentdata throughMarch 2022.

HCD requestedthat theHousingElement furtherclarify thenumber ofestimatedhousingunitsinneed ofrehabilitation orreplacement.

ThediscussiononProgram1 (CodeComplianceProgram)hasalsobeenupdated toincludeatargetedhousingconditionssurveyas requested byHCD reviewerMelindaCoy in 180
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ownerreinvestment andmostlikelytherehabilitationneedis muchlower. Toensure the City has an accurateunderstandingoftheneighborhoodsinneedof rehabilitation,the CityhasincludedinProgram1acommitmenttocomplete a windshieldhousingconditionsurvey intargetedolderandlowerincomeneighborhoodswhichwillhelp to inform the City on whererehabilitationeffortsshouldbefocused.“ discussionswiththeCity’sHousingElementconsultant,Placeworks, in aphone call onJune 28, 2022.

B-33 Non-substantial change
Date May 31,2022 meetingwith BarbaraMacri Ortiz (seeAttachment 9May 25, 2022email) - Add toSection B.8 FairHousing adiscussion onthe City’srecentlyadopted JustCause and RentStabilizationordinances.

TheCityadopteda Just CauseEvictionordinance(Ord. No.3012)anda RentStabilizationordinance(Ord.No.3013)on May 3, 2022 that are moreprotective thanCaliforniaCivilCodeSection1946.2.Thesetwo ordinancesbecameeffectiveJune3,2022andwerecodifiedintotheOCCunderChapter27ArticlesI and II. The Just Causeordinancerequires landlords to givetenants a reasonfor theireviction(ConsistentwithCaliforniaAB1482)andincludesa requirement that theownerprovidetenant relocationassistanceforno-faultevictionsequalto2monthsofthetenant’s rent or$5,000,whicheveris greater. The Rent StabilizationOrdinance restricts annual rentadjustmentstonotmorethan4%.Bothordinancesmakeitillegalforownersortheirrepresentativestoretaliateagainsttenants for lawfully and peaceablyexercisingtheirlegal rights undertheordinances.Thelandlordsare requiredto post noticeof the existenceofChapter 27inthefollowinglanguages:English,Purepecha,Mixteco, Otomi,Tagalog, Zapoteco, Nahuatl, andSpanish.

This informationis being addeddue todevelopment andadoptionof thisprogram afterCouncilapprovalof the October2021 HousingElement.

Note: theeffective date oftheordinancesisincorrect in thelegislative draft.This will beupdated for theversion that issubmitted toHCD.

PagesB-35 &B-36
Non-substantial change
As a result ofongoing publicoutreach, staffidentified aneed for a clear “Thedifferent categoriesof areasintermsofresourcesasdefinedbyTCACareshownbelow.Notallofthetypesofareas currently exist in Oxnard. Thecurrent map and types of areas The definitionsfor OpportunityAreas (akaresourcecategories) from 181
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description ofthe differentresourcecategories asdefined by TCACin HousingElement SectionB.8 Fair HousingAssessment. identifiedrepresent astaticmoment intime and will change over time.

HighSegregation& Poverty. Areasinwhichat least 30 percent of thepopulationearnsanincomebelowthefederal povertylineandthere is anoverrepresentationof peopleof colorrelative to the county.

High Resource. Top 40 percenthighest-scoringcensustracts in theregion.Indicates residents in thesecensustracts have accessto highlypositive outcomesin termsof health,economicattainment, andeducationattainment.

Highest Resource. Top 20 percenthighest-scoringcensustracts in theregion.Indicates residents in thesecensustractshave accessto thebestoutcomesintermsofhealth,economicattainment, and education attainment.

Low Resource.Bottom30 percent ofremainingcensustractsin theregion.Indicates residents in thesecensustractscouldbeexperiencinga lackofaccess to positive environmental,economic,andeducationfactorsresultsin negative outcomesor perpetuatedoutcomes (such as perpetuatedpoverty).

Moderate Resource.Top30percent ofremainingcensustractsin theregion.Indicates residents in thesecensustractshave accessto eithersomewhatpositive outcomesin termsof health,economicattainment,andeducation;orpositive outcomesin a certain area(e.g.,score highforhealth,education)butnotallareas(e.g.,mayscorepoorlyfor economic attainment).

Moderate Resource (RapidlyChanging).Afilterappliedtomoderateresource tractsbasedonindex scores theCalifornia TaxCredit AllocationCommittee(TCAC)have beenadded to theHousing Elementfor clarity. Notethat Oxnard doesnot have anyareas that qualifyas high or highestresource areas(See HousingElement FigureB-2 TCAC/HCDOpportunityAreas). 182
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just belowthehighresourcethresholdandexperiencingrapidincreasesinkeydimensionsof opportunity(housingprice,medianincome,job proximity,etc.).“ PageB-36
Non-substantial change
Add referenceto new FigureB-12, R/ECAPmap
“Oxnardhasthreecensustractsthatareconsidered a Racially/EthnicallyConcentratedAreaofPoverty(R/ECAP),orareasinwhichmorethan50percentof the population identifies asnon-whiteandthereisapovertyrateof40percent ormoreorapovertyrateofmore thanthree timesthe averagepovertyrate forthecounty(seeFigureB-12).“ See discussion forPage B-58.

PageB-39
Non-substantial change
Date January10, 2022Findings Letterfrom HCD(Attachment 4);update toaddress AFFH. “To addressissuesof segregationandpovertytheCityhasincludedPrograms2,4,9,10,11,12,13,19,and26,29,33& 34in Chapter G to:” ●“Increasing housing mobilityopportunitiesand/orhousinginhighresource areas.” This revision addsprograms whereAFFH goals areaddressed. AnAFFH goal toincrease mobilityto high resourceareas has beenadded to the listof how theHousing Elementaddressespatterns ofsegregation.

PageB-40 toB-42
Non-substantial change
Date January10, 2022Findings Letterfrom HCD(Attachment 4).HCDrecommendedthat theHousingElement includeadditionalfactors/policies/programsrelated toaccess totransportationopportunities; “In February 2011,theCityadoptedaBicycleandPedestrianFacilitiesMasterPlan,whichidentifiedtheexistingbikeandpedestrianinfrastructure andthedemandfor routes, improvements,and/orsafetyfeatures.AsidentifiedinthePlan,theCityhasexistingClassIIbike routes (separate bike lane)citywide,includingwithintheCity’slowresource areasin central Oxnard andareasdesignatedasanR/ECAP. WithintheR/ECAPs, ClassII bike routes areprovidedalongGonzalesRoad,CaminoDel Sol, andRose Avenueprovidingeitherdirect or proximate accesstoseven schoolsandseveral parks. TheBicycleandPedestrianFacilitiesMaster The discussion onMobility Optionsin Chapter B isbeing updated toinclude adiscussion on theCity’s adoptedBicycle andPedestrianFacilities MasterPlan, which willbe incorporatedwith the City’sSustainableTransportationPlan (STP). ThePlan includes 183
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specifically,land usecontrols for bikelanes,carsharing,walkability andpedestrianinfrastructure toexpand accessto publictransportation..

Plan includesproposedbike planimprovements and expansions,mostsignificantlyamulti-usepath(notintheroadway)forbikesandpedestriansthatrunsnorthandsouthincentralOxnardalongOxnardBoulevardandconnectingpath (east/west) withinthe R/ECAPalongFifthStreet. Thiswill provideconvenient andsafe accessto a majorcommercialcorridorandisaccessibletoresidents of low resourceandR/ECAPareas. The Bicycle and PedestrianFacilitiesMaster PlanwillbereviewedandincorporatedasapartoftheCity’sSustainableTransportationPlan(STP)effort, whichwas initiated in 2022.Access,multi-modaltransportation,andenvironmentalamenitiesaresignificantgoalsoftheSustainableTransportationPlan.TheCityhasaddedanactionitemto Program19in Chapter G regardingthecompletionof theCityof OxnardSTPin Fiscal Year2022-2023.TheSTPwill address disparitiesin accesstotransportation opportunitiesbyincorporatingcomplete streets design,safe routes to school,visionzero,sidewalkandbike laneimprovementsandfirst/last mileplanningin tandemwithlanduseopportunitiesin lowerresourcedareasincludingR/ECAPs andareasof linguistic isolation.Followingsubmissionof thehousingelement toHCDinOctober2021,theCityreceiveda $410,000transportationgrant fromCaltranstoward completingtheSTP. InApril2022theCityCouncilawardedaprofessionalservicesagreement withFehr & Peers to developthe STP.Development of theSTP willincludeidea generation and prioritization,establishment of the sustainabletransportation framework,catalogofenhanced streetscape elements,conceptual design alternatives,identification of funding sources, Class II bikeroutes (separatebike lanes) withinthe City’s lowresource areas incentral Oxnardand areasdesignated asR/ECAP toprovide mobilityoptions forresidents. 184
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implementationsteps, anda finalSTPfor adoption by the City Council.

A keyinitiativeoftheCity’s BicycleandPedestrianFacilitiesMasterPlanwastocomplete a citywidesidewalksurveytoidentify areasof increasedpedestriandemand(basedonproximitytoschools,commercialareas/employment centers,andpublictransit,amongotherfactors)andbarriers to safelyutilizepedestrianinfrastructure inareasofhighdemand.TheCitycompletedthereportofHighDemandPedestrian Areas in 2015,identifying14highdemandpedestrianareasthat eachencompassaboutoneto two blocks. Of the14 pedestrianareas, 11 are located alongOxnardBoulevard/SouthOxnard Boulevard/Saviers Roadcorridor, andseven (orhalf) are concentrated alongSouthOxnard Boulevard betweenWest NinthStreet to thesouthandPalmDrive tothenorth(referred to as DowntownOxnard in thereport).Theseareasfallwithincensustractsdesignatedaslowresource (west of South OxnardBoulevard) and an area of HighSegregationandPoverty(east ofSouthOxnard Boulevard) and wouldreasonablybe utilized by residents inbothcensustracts.TheHighDemandPedestrianAreasreportidentifiedthatwithina halfmileradiusoftheseareasthere were approximately20instancesofmissingcurbramps and40instancesof pedestriancollisions.Compared totheCity’sotherhighdemandpedestrianareas, Downtown Oxnard has lowerinstancesof missingcurbs andramps,whichis more significant sinceitisthelargest area surveyed. With theexception of Palm Drive, the highdemandpedestrianareasinDowntownOxnard also received relatively lowscorescomparativelyforADA Severity,anindicatorforthenumberofbarrierswithineacharea for a personwith 185
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disabilitiesto safely navigate as apedestrian.However, the numberofpedestrian collisionsin DowntownOxnard is higherthanotherareasofhighpedestriandemand.Thereportincludes the following suggestedprogramsfortheCityto considerthatwould address pedestrian safety. ● Consideradoptinga VisionZeropolicysets the goal of reducingtraffic-relatedfatalitiestozerobyacertainyear.TheCitywouldworktoimprove safety conditionsfor allroadusers, particularlyvulnerableusers like pedestrians and cyclists.● Consideradopting a CompleteStreets policyto institutionalizepracticesassociatedwithcompletestreets.● Install pedestrian-friendlytrafficsignals,suchasleadingpedestrianintervalsthat givespedestriansanadvance walk signal beforemotorists get a greensignal,andpedestrian-oriented speed limits.

Theseeffortshave beenincludedinProgram 19.

In additionto providinginfrastructureforalternative transportation,theCityfurthersupportsalternative formsoftransportation in the Downtown byallowingcentralizedparkinginanoffsitelotforresidentialdevelopmentsratherthan requiringparkingminimumsonsite. Thisallows more efficient landusedevelopment by dedicatingmorespaceonsitetothelanduse,andinthecase of multifamilyhousing, allowsmore units onsite. The City iscommitted to reviewingdevelopmentstandardsandregulationsonanannualbasis to facilitate transit-orienteddevelopment Downtown(Program19)and reviewingparkingrequirementscitywide (Program 27). 186
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Pag B-58 Non-substantial change
Date May 31,2022 meetingwith BarbaraMacri Ortiz (seeAttachment 9,May 25, 2022email) - AddR/ECAPS map asFigure B-12 Figure B-12 Racially or EthnicallyConcentrated Areas of Poverty (R/ECAPS) Map is beingaddedto assistaffordablehousingdevelopers inlocating R/ECAPSareas.

PagesD-2& D-3
Non-substantial change
CurrentInformation:Update datathroughFebruary 28,2022.
“Housing Completed Through July2021February 28, 2022
Housing Element law and HCDGuidelinesallowcitiestocounthousingunitsreceivingentitlements, buildingpermits,or certificate of occupationtowardsmeetingtheRHNAallocationiftheentitlements, buildingpermits,orcertificate of occupation are issuedafter June30, 2021.TableD-2listshousingprojectsas of July 2021February 2022 that have receivedbuildingpermitsafter June30,2021andareexpectedtobefullydevelopedby October 15, 2029.” Table D-2. Residential UnitsApproved, through July 2021February 28, 2022 ProjectName
ExtremelyLow/VeryLow(EL/V
Low
(Low)
Moder
(Mod)
Above
Moderate
Total
This revisionupdates TablesD-2 & D-3 withbuilding permitsissued throughFebruary 28,2022. 187
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L)
DuplexSingleFamily,Detached,July –December2021
0 0 0 2 2
DuplexesJuly –Decembe2021
0 0 0 4 4
F StreetCondomms, July –Decembe2021
0 0 0 12 12
WagonWheel,Oxford FSingleFamilyAttachedJuly –Decembe2021 0 0 0 24 24
AnacapaTownhomSingleFamilyAttachedJuly –Decembe2021
0 0 0 16 16
Accessordwellingunits, JulDecembe2021
41 60 150 0 251
Accessordwellingunits,January –February2022
31 70 20 0 121
Accessordwelling
0 1 0 0 1
188
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unit
AccessordwellingunitWagWheel,Oxford FSingleFamilyAttachedJanuary –February2022 0 01 0 120 121
Accessordwellingunit
0 1 0 0 1
TOTAL(Ju2021)
72 133 170 702 1077
Source: City of OxnardJuly 2021February2022project listNote 1: The accessory dwelling units arecounted as affordable to very low andlow income households based on thesurvey of ADUs for rent conducted by theCity in 2020-2022.

TableD-3presentstheCity’s totalandremainingRHNAfor the 2021–2029RHNAcycleaftersubtractingunitsthathave beenapproved(TableD-2).AsofJuly2021February2022,theCity’stotalremainingRHNAneedis 8,442unitsinthe four income categories.

Table D-3. RemainingRHNAthroughas ofJuly 2021February 28, 2022 StatusTowardGoal
ExtremelyLow/VeryLow
Low Mod
Above
Moderate
Total
RHNAAllocation (2014
1,8401,0711,5384,1008,549
189
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–2021)
UnderConstrution orApproved
72 133 170 702 1078
Remainng
1,8338 1,0568 1,5213 4,0309 8,4542
Source: SCAG 2021; City of Oxnard 20221
Page E-2& E-3
Non-substantial change
Date January10, 2022Findings Letterfrom HCD(Attachment 4).HCD requestedthat the Cityadd a definitionof family. “Family. A groupof residents whosemembers jointlyoccupyadwellingunitasasinglehousekeepingunit;havejointuseof andresponsibilityforcommonareas;share householdactivitiessuchas meals,chores, maintenanceandexpenses;butnotincludingresidentsofcommercialgrouplivingsuchashotels,dormitories and fraternities.” “Gross acreage. Thetotal area of adevelopment site expressedin acres,usuallyincludingtheareatobedevotedto streets.

HighSegregation& Poverty. Areasinwhichat least 30 percent of thepopulationearnsanincomebelowthefederal povertylineandthere is anoverrepresentationof peopleof colorrelative to the county.

High Resource. Top 40 percenthighest-scoringcensustracts in theregion.Indicates residents in thesecensustracts have accessto highlypositive outcomesin termsof health,economicattainment, andeducationattainment.

Highest Resource. Top 20 percenthighest-scoringcensustracts in theregion.Indicates residents in thesecensustractshave accessto thebest The definition for‘family’ in OCCSection 16-10 isthe same as thebuilding codedefinition for ahousehold, whichis a group ofresidents.Thisdefinition hasbeen added tothe Terms inHousing Element.

For clarity and aconsistentunderstanding ofterms, TCACdefinitions forresource areashave been addedto the definitions. 190
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outcomesintermsofhealth,economicattainment, and education attainment.

Lotcoverage. Theamount ofalotthatis allowed to be covered by thefootprint of structures on that lot.

Low Resource.Bottom30 percent ofremainingcensustractsin theregion.Indicates residents in thesecensustractscouldbeexperiencinga lackofaccess to positive environmental,economic,andeducationfactorsresultsin negative outcomesor perpetuatedoutcomes (such as perpetuatedpoverty).

Moderate Resource.Top30percent ofremainingcensustractsin theregion.Indicates residents in thesecensustractshave accessto eithersomewhatpositive outcomesin termsof health,economicattainment,andeducation;orpositive outcomesin a certain area(e.g.,score highforhealth,education)butnotallareas(e.g.,mayscorepoorlyfor economic attainment).

Moderate Resource (RapidlyChanging).Afilterappliedtomoderateresource tractsbasedonindex scoresjust belowthehighresourcethresholdandexperiencingrapidincreasesinkeydimensionsof opportunity(housingprice,medianincome,job proximity,etc.).” Page E-3 Non-substantial change
CurrentInformation:-AHP and -AHDzones adoptedby Council inOctober 2021 “In October2021the CityadoptedAffordable HousingAdditive Zones(-AHPand-AHD).TheAdditive Zonesare a residential overlay zonesthatallow multifamily development onnonresidentialzonedsitesidentifiedinSupplement 1 of theHousingElementat densitiesofupto30du/acwiththeprovisionof20%ofunitsaffordabletolowerincomehouseholds.TheAdditiveZoneshave a specificset of objectivestandards to streamlinetheapproval A discussion ontheAdditiveZonesthat wereadoptedin October 2021has beenaddedtoHousing ElementSection E.1Land-use Planningand DevelopmentStandards. 191
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processfor affordableprojectsandaccommodategreaterdensity,suchasahigherheight limitthantheunderlyingzone.“ Note: the text inthe legislativedraft includes atypo (‘adopting’).This will beupdated for theversion that issubmitted to HCD.

Page E-4,E- &E-14
Non-substantial change
CurrentInformation:Newly adopted-AHP and -AHDzones added toTables E-1 & E-2 TableE-1 Residential Zoningand 2030 General Plan Compatibility Zoning DistrictMinimuLot Areaperhousingunit(SquareFeet) DensitRangeUnits peNet Acr(Zoning
2030GeneraPlan LanUseDesignaon
DwellinUnits pGrossAcre(2030GeneraPlan)
-AHP/-AHD
AffordaeHousinAdditivZone
na Up to30
Affordae HousiAdditivZone
Up to30
Table E-2 ResidentialDevelopment Standards by ZoningDistrict ZoninDistr
TypeHousAllow
DensUnitsAcre
FrontSideRearHeighMin. Size (
LotCove/FAR
-AHP/-AHD
Multlyresidal witmin 2of unafforde toloweincomADUsUsesallowin 30unitsperacre
20 fC2
30 fBR
5 ft 1-2 s7.5 f3 st10 ft4+ stin
30stresideBR
5 ft 1-2 s7.5 f3 st10 ft4+ stin
N/ABR
56UnderlyinZone
n/a
Additive Zonesthat wereadoptedin October 2021have been addedto Tables E-1, E-2and E-3 to showdevelopmentstandards specificto the newadditive zones. 192
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undeg zon
TableE-3 Allowance forHousing in Oxnard’s NonresidentialZoning Districts ZoninDistr
TypeHousAllow
DensUnitsAcre
FrontSideRearHeighMin. Size (
LotCove/FAR
-AHP/-AHD
Multlyresidal witmin 2of unafforde toloweincomADUsUsesallowinundeg zon 30unitsperacre
20 fC2
30 fBR
5 ft 1-2 s7.5 f3 st10 ft4+ stin
30stresideBR
5 ft 1-2 s7.5 f3 st10 ft4+ stin
N/ABR
56UnderlyinZone
n/a
Page E-13 Non-substantial change
CurrentInformation:Newly adopted-AHP and -AHDzones added todiscussion onNonresidentialZoning Options.

ThemajorityofhousingopportunitiesinOxnard are governedby itsresidentialzoningdistricts.There is considerableopportunityfor residential growth inboth the commercial and industrialzoningdistrictsandin theDowntownZones: Downtown Core (DT-C),Downtown General (DT-G), andDowntown Edge (DT-E). Table E-3summarizes these opportunitiesbynonresidential zoningdistrict.Oxnardwillneedtotakeintoconsiderationtherequirements of California’s HousingAccountability Act (CaliforniaGovernment Code Section65589.5)whenconsideringapplicationsforthedistrictslistedinTableE-3.LotcoverageisindicatedforeachdistrictinTableE-3.

Additive Zonesthat wereadoptedin October 2021have been addeddiscussion onNonresidentialZoning Options. 193
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Many districtsdon’thave a maximumlotcoverageorFAR.Thosethatdohavemaximumlot coverage or FAR havelarge enoughlotcoveragestoallowformaximumresidentialdensitiesin thatzone.In addition,in October2021multiplepropertiesinzonesinTableE-3hadanAffordableHousingoverlayzoneappliedthat allows 30 du/ac andobjective development standards foraffordablehousingare proposedtoreceive an overlay that allows highdensity housing and will beaccompaniedbyanyneededchangestodevelopment standards to facilitatethosedensities(SeePrograms3,30,31,and 35 in Chapter G).E-16 Non-substantial change Date January10, 2022Findings Letterfrom HCD(Attachment 4).Provideadditionaldiscussion on ifparkingrequirementsfor covered/enclosedresidentialparking maycreate aconstraint onaffordability. “Multifamilyprojectsreceive furtherparkingreductions(novisitor spacesrequired)witha state densitybonus,whichis applicabletomost multifamilydevelopment astheyaresubjecttotheCity'sinclusionaryhousingrequirementof providing10percent lower incomeunits. “ Thisrevisionaddsa discussiononMultifamilyparkingrequirements.Most multifamilyprojectintheCityhave beensubject toreduced statedensity bonusparkingrequirementsdueto theCity’s 10%lower incomeinclusionaryhousingordinance thatmakes mostmultifamilydevelopmenteligiblefor statedensity bonus. 194
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E-17 Non-substantial change
Date January10, 2022FindingsLetterfrom HCD(Attachment 4).Provideadditionaldiscussiononifparkingrequirementsfor covered/enclosedresidentialparking maycreate aconstraint onaffordability.

Table E-4. Residential Off-StreetParking
Requirements Detached single-familydwelling with Accessory Dwelling Unit “Per OCC16-468,ADUparkingis notrequiredforthemajorityoflocationsintheCity. TheCitywillupdateADUcode(16-468(D)and16-622)to recognizecurrent State law that noreplacementparkingspacesarerequiredifusingthegarage for an ADU.” Minimumoff-street parkingrequirement forDetachedSingle-familydwelling withAccessoryDwellingUnitInTable E-4 hasbeenupdated toinclude OCC16-468.TheOCCwill needto beupdatedregarding ADUreplacementparking to beconsistent withState law. Thecodeupdate willbe processedatthesametimeasOCC updateslisted in Program6.

PageE-18& E-19
Non-substantial change
Date January10, 2022Findings Letterfrom HCD(Attachment 4).Provideadditionaldiscussion on ifparkingrequirementsfor covered/enclosedresidentialparking maycreate aconstraint onaffordability. “Onlytwo(garage)spacesarepresentlyrequired for single-familyunitsup tofive bedrooms,whichare themajorityofsingle-familyunits.Detachedhousingin Oxnard requiresa minimumoftwogarageparkingspacesfordwellingunitsup to six bedrooms,One additionalgarage spaceis required at sevenbedrooms,andanotherspaceforeightor more bedrooms.In the case ofapartments, only a singlespaceisrequired,unlesstherearetwoormorebedroomsintheunit,inwhichcasetwoare required.Onlyonevisitorspaceisrequired for the first 30 unitsin amultifamily project. When theinclusionary regulationsapply, asisthecaseonnearlyallmultifamilyprojects,visitor parkingis waived altogetherupon request of the developer.Adequate and appropriate on-sitegarage parkingis a necessitythat Clarification onexisting coderequirements hasbeen addedtothe HousingElementdiscussion onParkingRequirements.

Note: a clarifier“uponrequest ofthe developer”has beenaddedto the revisionthat discussesvisitor parking.This will beupdated for theversion that issubmitted toHCD. 195
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preventsimpactsonpublicstreetsandneighborhoodsand providessecureparking for vehicles.” “TheCityhasan administrative reliefprocedure that is often approved torequest reducedparkingundercertaincircumstances (such as retirementhousing, seniorhousing, andaffordablehousing)andtheCity’s densitybonusordinanceis in compliancewithstatelaw to allow a lower parkingrequirement forprojectsthatqualifyforthedensitybonus.Most mMultifamilyprojectsin theCityare generallyareautomatically eligible for parkingreductions(novisitor parking)underState DensityBonuslaw as they aresubjectto the City's inclusionaryhousingrequirement of providing10percent lower incomeunitsreducingguest parking, utilizingtandemparking,andusingmore surfaceparkingastheprojectsqualify for densitybonusparkingstandards.TheCityOCCSection16-466also allows reducedparkingrequirementsforseniorandaffordablehousingprojectsseniorassistedlivingresidentialfacilitieswithapprovalofaparking study that demonstratessufficient parkingas well as sharedparkingwhen uses with differentpeakingcharacteristics(suchasofficesandapartments) are combinedin asingle structure. Program 27 alsoproposes to update the parkingrequirementsinOCCSection16-622tomove parkingrequirements for theelderly– residential care facilities,independent living, memory care –underresidential uses(OCC16-622currentlylistsparkingforassistedlivingand nursing homesunder healthservices). Currently, assisted livingrequiresonespaceforevery twounitsplusoneshuttle van parkingspace.NursingHomesrequire onespaceperthreebedsfornursingandconvalescent 196
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homeswhichdonotcontainseparateliving quarters containingindividualkitchens,plusonespaceforevery twoemployees required on largest shift.Over the past five years, the Citymonitoredtheimpactsoftheseparkingstudiesfor any constraints on thedevelopment of housingaffordabletolower-incomehouseholds.In addition,thenewDowntownCode,approvedin2019, has reduced parkingrequirementsforresidentialusesinthedowntown andreductionsfor studioand one-bedroomapartments, as aresultof a review of city parkingrequirements. The reducedrequirementsfortheDowntownincludeThe Downtown ParkingIn-Lieufeeprogramwhichfacilitatesdesignationofparkingspacesto serve residentialprojectsin Downtownin cityparkinggarages ratherthanrequiringparkingonsite for each project.” Page E-24 Non-substantial change
Date January10, 2022FindingsLetterfrom HCD(Attachment 4).update toaddress HCD’scomments onReasonableAccommodation.

Zoning and Land-Use PoliciesTheOxnardZoningCodeisconsciousoffairhousinglawandthehousingneedsof thedisabled.It containsprovisionsdesigned to accommodate thedevelopment of housingfor residentswithphysicaland/ormentalchallenges.Program 6 in Chapter G proposestoremove a findingthat is partof theCity’s ReasonableAccommodationapproval processfor consistencywithstate law.

The ReasonableAccommodationfindingsin OCCSection16-501.5willberevisedtoremove asubjectiveconsideration, incompliancewiththeFair HousingAct. This OCCupdate will beprocessedat thesame time asother codeupdates listed inProgram 6.

Page E-26 Non-substantial change
Date January10, 2022Findings Letterfrom HCD(Attachment 4).Updatediscussion on Permit ProcedureIncompliancewiththeCaliforniaHealthandSafety Code,theCityof Oxnardpermitsresidentialcarefacilitiesfortheelderlyby right. NoSpecialUsePermitis requiredforthesetypesoflicensed A discussionhasbeen addedonrevision to therequirements forresidentialcaretocomply with 197
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residential carefacilities inrelation toreasonaccommodation. facilitiesinresidentialzonesandtheC-Rzoneas longasthey are designedtoserve no more thansix persons,andresidentialcare facilitieswithnomorethan15 personsare permittedin theC-2zoneby right. Similarly, congregateliving healthfacilitiesare allowedpermittedinresidentialzones,theC-RzoneandtheC-2zoneby right, whichensures that the City providestheabilityto considerthesesmallertypesofdwellingsfortheelderlyanddisabledin itsMunicipalCode.To affirmativelypromote more inclusive communities,theCitywillalsoreviewandrevisetheCity’s requirementsforResidentialCareFacilitieswithsevenormorepersonsbytheendof Fiscal Year2022-2023andpermitthemas a residential useinzoneswhere multifamilyhousingarepermitted, subjectonly to thoserestrictionsthat apply to otherresidentialdwellingsofthesametypeinthe same zone.

ReasonableAccommodationand AFFH.

Program 6includesa newaction item toreviewandrevisethe City’srequirements forResidential CareFacilities to bepermitted wheremultifamilyhousing arepermitted andsubjectonly tothoserestrictionsthat apply tootherresidentialdwellingsof thesametypeinthesame zone.

PagesE-27 &E-28
Non-substantial change
Date January10, 2022Findings Letterfrom HCD(Attachment 4).Update toaddress HCD’scomments onReasonableAccommodation. “Program6 in Chapter G proposestoremovethefollowingfindingthatispartof the City’s ReasonableAccommodationapproval processforconsistency with state law:
§ Whethertheaccommodationwouldresultinasubstantialincreaseintrafficor insufficient parking.

Program27alsoproposestomovetherequirementsforparkingfortheelderlyfromtheHealthServicescategory totheResidential category, andexpandthetypesofresidentialcarefacilitiestorecognize changes in the industry(currently only assisted living andnursinghomeare listedto encompassthevarioustypesoffacilities,includingresidentialcare facilities,independentliving, memory care, etc.” The ReasonableAccommodationapproval processin OCC Section16-501will berevised incompliancewiththeFair HousingAct.

Program 27 hasbeenupdated tolist a revisiontoOCC Section16-622(Off-streetParking)to movetherequirementsfor parkingforthe elderlyfromthe HealthServicescategoryto theResidentialcategory. ThisOCCupdate will 198
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be processedatthesametimeasother codeupdates listed inProgram 6.

PagesE-30 &E-31
Non-substantial change
Date January10, 2022Findings Letterfrom HCD(Attachment 4).Add to the thestandards foremergencyshelters andzoning codeupdate inProgram 6 tobring standardsinto compliancewith state law.

Theparkingrequirementsstatedaboveare in compliancewithcurrent statelaw. The standards for emergencyshelters listed below are out ofcompliancewith state law. UnderProgram6 in Chapter G theCitywilldelete orrevisetheserequirementstocomply with state law:
●The emergency shelter operatorshallconductabackgroundcheckonall prospective patrons usingMegan'sLaw databaseandrestrictpatron intake in accordancewithState and local registered sexoffender residency restrictions.●Patrons shall not possessorconsumealcoholicbeverages orillegaldrugswhileintheshelter,norshallthey possessweaponsof anykind while in the shelter.●Spaceshallbe allocated for eachpatron consisting of a bed andstorage area.●At least twotoilets,oneshowerandonesinkshallbeprovidedforeverytwenty patrons.●All itemsstored outdoors shallbescreenedfromtheviewofallpublicrights-of-way.●Shouldan emergencyshelter beproposedwithin300 feet of aschool,the development servicesdirector or designeemay requestthat the developer/sponsorcoordinatewiththeschooldistricttoaddress potential concerns.

Existing OCCfindings foremergencyshelterhavebeenprovided perHCD’s request.Thestandardsarerequired to beupdated tocomplywithstatelaw. Therevisionwill allowdevelopmentstandardsspecificto theunderlyingzone and thosestandardslistedinGovernmentCode Section65583(a)(4)(A).This revision isdiscussed inHousingelementSectionF.4underOther SpecialNeeds Housing.

Page E-37 Non-substantial change
CurrentInformation:Newly adopted-AHP and -AHD
TableE-7 Housing TypesPermitted by Zoning District(See Table) Additive Zonesthat wereadoptedin October 2021have been addedto Table E-7 to 199
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zones added toTable E-7
Notes: 12. Permissibleif allowedinunderlyingzone and subject topermittingrequiredin underlyingzone(see OCC 16-420c) clarify requiredpermits (SPR orSUP) formultifamilyineachoverlay zone.Most residentialuses listed aspermissible ifallowed inunderlying zone.

PagesE-40 andE-41
Non-substantial change
Date January10, 2022FindingsLetterfrom HCD(Attachment 4).List all findingsfor SUPs andaddclarificationregarding OCC16-530 Purpose.

OnceCity staff have reviewed theapplicationfortheSpecialUsePermitasdescribedabove,it isforwardedtothePlanningCommissionfor a publichearing. Developers are required tonotifyandthenpresenttheirprojectstothePlanningCommissionandpublicatthat hearingsothat interestedcitizensmay provide input.This processisintendedto confirmthepublic’s issuesand any concernsearly in thedevelopment review process. Therequired findingsfor SpecialUsePermits are:
●Theproposeduseis inconformancewiththe General Planand otheradopted standards.●The nature, condition anddevelopment of adjacent uses,buildingsand structures shall beconsidered,andnoproposedspecialusepermitshallbe granted if theapproval bodyfindssuchuse willadversely affect or be materiallydetrimental to suchadjacent uses,buildingsor structures or to thepublic health,safety or generalwelfare.●Thesite that issubjecttothespecialusepermitshallbeadequate insizeandshapetoaccommodatetheyards,walls, fences,parkingandloadingfacilities,landscapinganditemswhichmay be required by section 16-532.●Thesite that issubjecttothespecialuse permitshall be served byhighways adequate in widthand TheSUPfindingswere includedintheOctober2021HousingElement.HCD’s January10th letterindicated that athird partyidentified asubjective findingfor SUPapprovalthat was notincludedin theCity’s list of SUPapproval findingsin Section E.5Processing andPermitProcedures. Thethird party’sreferenced linewas from theintroductorysection of theDivisionfor SUP(OCC Section16-530) thatexplains whySUPs arenecessary ingeneralandisnota requiredfinding. Thisclarification hasbeen added.

Note: thetext inthe legislative
200
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improved as necessary to carry thekindandquantityoftrafficsuchusewould generate.●Thesite that issubjecttothespecialuse permitshallbe providedwithadequate sewerage, water, fireprotection and storm drainagefacilities.

It shouldbe noted that the abovefindingsare theonlycriteriausedtomake a determinationaboutapprovalof a project.ThepurposesectionforSpecialUse Permits(OCC Section16-530) includes the followinglanguage: “..necessary to preserve theintegrityandcharacter of thezoningdistrict,theutilityandvalueofadjacentpropertyandthegeneralwelfareoftheneighborhoodand the public.” Thislanguageisnotaconstraint toapprovalof SpecialUsePermitsas it is notarequired findingfor approval. ThePlanningCommissionmust renderadecisionby writtenresolution,recitingany findingson whichthedecisionisbasedandany conditionsimposedontheapprovedpermit,within30days ofthe publichearing.The conditionsimposeduponaSpecialUsePermitmayinvolve any ofthefactors affectingtheestablishment, operation, ormaintenanceof the requested use,includingbut not limited to: specialyards, openspacesandbuffer areas;fencesandwalls;trafficcirculationandparkingfacilities;street and alleydedicationsandimprovements; watersupply,fireprotection,sewerageserviceand storm drainage facilities;landscaping and maintenance ofgrounds;regulationofnuisancefactorssuchasnoise,vibrations,smoke,dust,dirt, odors, gasses,noxiousmatter,heat, glare, electromagneticdisturbancesandradiation;regulationof operating hours for activitiesaffecting normal neighborhood draft includesamisspelling.Thiswill be updatedfor the versionthat is submittedto HCD. 201
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schedulesandfunctions;regulationofsigns and outdoor advertising;aspecifiedperiodlimitingthetimeinwhich development may begin;provisionfor a bondor othersuretythat theproposedspecialusewillberemoved on orbefore a specialdate;height limitations to protect thecharacter and integrityof abuttingparcels or the general welfare;residential density, by specifyingthenumberofdwellingunitsperacre;andsuchotherconditionsas will makepossiblethe development of theproposedspecialuseinanorderlyandefficient mannerand in generalaccordancewith the intent of theZoning Code.

Theapplicant mayfileanappealofthePlanningCommission’srulingtotheCityCouncilwithin18days afterthedateofthe decision.

Page E-41 Non-substantial change
Date January10, 2022FindingsLetterfrom HCD(Attachment 4).HCD requesteddiscussiononpotentialconstraints onhousingdevelopmentcausedby thedesign reviewprocessrelatedto by-rightdevelopment.

Development Review ProcessLargerandmorecomplexprojects,suchas subdivisions, condominiums,apartments, or projectsthat requireotherplanningpermits(e.g., SpecialUse Permits)usuallyrequire designreview. However, in October2021theCityCouncilapprovedanewministerialSite PlanReview processfor by-rightapproval of development on sitesidentifiedinSupplement 1that wereinpriorHousingElements.Thesesitesareno longer subjectto designreview.FurtherdiscussiononSite PlanReviewis provided in the next section.

Clarification wasadded thatby-rightdevelopment onsites identified inSupplement 1 areno longer subjectto design reviewandreferencesthenew Site PlanReview processadopted byCouncil inOctober2021.

Page E-42 Non-substantial change
Date January10, 2022Findings Letterfrom HCD(Attachment 4).HCD requestedinformation ontypical time Typicalturnaroundtimeafterreceivingplanningentitlementsuntilrequestingabuildingpermitisdrivenbymarket andfunding availability. Developmentprojectsare conditionedto secure abuildingpermitwithin12-36monthsfrom entitlement (dependingon thepermittype).Thelast five residential Information hasbeen addedonpage E-42 toindicate thetimebetweenwhenanapplicationreceives theirentitlement and 202
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betweenentitlement andbuilding permitissuance.
projectsthat have beenprocessedintheCitytookanaverage of18monthsbetweenentitlement andtherequestfor a building permit. whenthey applyfor buildingpermits,whichistypically dictatedbythedevelopersfunding andoutsideof theCity’s control.

E-43 &E-44
Non-substantial change
Date June 22,2022 meetingwith HCD(Attachment 6June 28, 2022Letter to HCD);add discussionon the newlyadopted SitePlan Reviewpermitprocessand findings.

With regard to parcels with theproposedAHP additive zone, the adevelopment that provides20%lowerincomeunitswouldbereviewedunderSite PlanReview ratherthanDesignReview. TheSitePlanReviewprocessisdiscussedfurtherbelow.reviewprocessis staff approvedanddoesnotrequirereview by thePlanningCommissionorCity Council.

Theseconcepts reviewedidentify onlytechnical issuessuchas architecturalandlandscapedesignissuesanddonotconstrain development of housingaffordabletolower-incomehouseholds.Rather, theyensurefunctionality,publicsafety, and neighborhood compatibility.

Site Plan Review Process
In October 2021 the City Councilapproved a new ministerialSite PlanReview process (OCC 16-523)forreviewingby-right development, theadditionof a new AffordableHousingAdditive Zone code (16-420),andupdate to theZoningmapandGeneralPlanLandUsePlanto includethenewAffordableHousingAdditive Zone.TheAdditive Zonecodeincludesobjectivestandards for reviewing affordabledevelopments.SitesthatarezonedAHPare reviewedunderaSitePlanReview.Site PlanReview is reviewed by theCommunityDevelopment Directorunlessthedevelopment is processedconcurrently with a requireddiscretionary permit.Procedures forSite PlanReview are outlinedunder This revisionprovides adescriptionoftheCity’s newministerial SitePlan Reviewprocess (OCCSection 16-523)that the CityCounciladoptedas part of the2021-2029FinalHousingElementin October2021for reviewingby-rightdevelopment.

Referenceto theDevelopmentstandardsfortheAffordableHousingAdditiveZone sites (OCCSection 16-420;also adopted inOctober 2021)have also beenadded to thediscussion. 203
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OCC16-523.2,and are intentionallystreamlinedtoreducecostsandprocesstime for affordable housingdevelopment. Theprocessincludesthefollowing:
●Theapplicationis reviewed by theDevelopment Advisory Committee(DAC)forconsistencywithapplicableregulationsandstandards.Theintentof this review is to provideinterdepartmental perspective andcoordinationpriortoprojectapprovalwiththe goal of streamliningthebuildingpermitprocess.Thisreviewisnon-discretionary, though theCommitteemayprovideconditionsofapproval to ensure compliancewithapplicable regulations and standards.●Theapplicant is informedin writingwithin30calendardaysofapplicationsubmittal if the application iscomplete or the application isincomplete and additionalinformation,specifiedin writing, isrequiredbeforeitcanbeacceptedforprocessing.●A Site PlanReviewisissuedaftertheDirectormakesthefollowingrequiredfindings:(A) Theprojectisconsistentwiththeapplicablegeneralplanpoliciesandisin conformancewith applicablezoningregulationscontainedin OCCChapter 16 and the adoptedstandards.(B) Thereareadequateinfrastructureandpublicservicesavailabletoservetheproposeddevelopment,includingsewerage, water, fire and policeprotection,stormdrainage facilities,and legal access to the lot.(C) Theproposeddevelopmentisona legally created lot.

HousingdevelopmentspermittedundertheAdditive Zonecodearerequiredtofollow Objective DesignStandards 204
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outlinedunder OCC 16-420Iforneighborhoodcompatibility, buildingdesign,massing/articulation,sitedesignandaccessory elementssuchasrefuseenclosures.

Page E-46 Non-substantial change
Date January10, 2022FindingsLetterfrom HCD(Attachment 4).HCD requestedinformation ondesign reviewfindings.

TheCitymakesthesamefindingsforthe Development Design ReviewprocessasthoserequiredforaSpecialUsePermit.Thosefindingsare listedearlier in this chapter in Section E.5.

Thesestandardsfindingsare to ensureconformance with surroundingneighborhoods and increasetransparency in the permitreviewprocess,thereby minimizingadditionalcosts related to additionalworkandextendedprojecttimelines.Therefore,these standards do not constraindevelopment of housingaffordabletolower-income households.

Informationaddedon City’sexistingrequirements.

PagesE-54 &E-55
Non-substantial change
Date January10, 2022FindingsLetterfrom HCD (Attachment 4);and June 22,2022 meetingwith HCD (Attachment 6June 28, 2022Letterto HCD)-Providediscussiononthe LCP timeline Local Coastal ProgramThe Citywill be updatingtheCity'sGeneral PlanandLocal Coastal Plan(LCP)simultaneouslybeginninginearly2023. Thismulti-yearworkeffortisenvisionedto take 3 - 4 years.FollowingCityCouncilapproval ofthetwo documents, in accordancewithState lawtheLCPwillbesubmittedtothe State of California CoastalCommissionfor review andapproval.The review andapproval processisestimated to take 1 1/2 years tocomplete. Therefore, Fiscal Year2027-2028hasbeenspecifiedin theHousingElement for revisionsto theCity'sLocal Coastal ImplementingPlan(LIP),Chapter17whichimplementstheLCP.

This informationis beingaddedtoclarify therealistic timelinefor updatingtheCity’s LCPandLIP,Chapter 17 thatimplements theLCP.

PagesF-2& F-3
Non-substantial change
Update numberof ADU thatreceivedbuildingpermits through2021.

F.2 Accessory Dwelling Unit PotentialIn 2018, 2019,and2020,to 2021Cityplanningpermitrecordsindicatethatanaverageof2416ADUsreceivedbuildingpermits per year.●2018- 43 ADUsreceived buildingpermits Data was addedto thediscussiononADUpotentialto justify the490ADUs that hadbeenprojectedintheOctober2021 205
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Date January10, 2022FindingsLetterfrom HCD(Attachment 4);providediscussion ofanalysisofADUaffordability. ●2019- 143 ADUsreceivedbuildingpermits●2020- 258 ADUsreceivedbuildingpermits●2021– 54 ADUsreceived buildingpermits●TheincreaseinADUspermittedin2020and2021was dueto updatesin theCity’s ADU program that becameeffective in January 2020.The2020ADU program simplifiedthe ADUpermitting process, reviseddevelopment standards and waivedparkingrequirements consistent withState law basedon ADU location.Becauseof effortstheCityis alreadymakingtopromoteandfacilitateADUs,andadditionaleffortscommittedto inthe programs in Chapter G, it isassumedthat an additional320490ADUshave alreadybeenor willbepermittedbetweennowJune30,2021,and October 2029.

Over thecourseof a coupleweeks inMay 2020,theCityconductedasurveyofADUsforrent inOxnard.Sixlistingsfor ADUsfor rent were foundduringthat point-in-timesurvey. Addressinformationwasonlyavailableforthreeof thelistings.Two of thoselistingswereinthenorthernsectionofthecityin moderate resource areasandonewasinthecentralpartofthecityinalow resource area. All of theADUsavailablefor rent were affordabletovery low- or low-income one- ortwo-person households.The averagemarketrateforanADUsurveyedrangedfromabout$975permonth to upto$1,575per month. Not all listingsincludedinformationaboutsize oftheunitsbutthosethat didrangedfrom300to940squarefeet.Alllistingswereeitherstudiosorone-bedroomunits.Inaddition,over thepast few years, theCityhasbeencollectingrental figures Final HousingElement. Theanalysis wasbased on theresultsof 2021and 2022 ADUaffordabilitysurveys & 2021Buildingpermitsissued.The490ADU projectionwas reducedfollowingconversationwithHCDonanumberthey wouldfindacceptablebasedon buildingpermit historypriortotheCity’sADU codeupdate.Withthisadjustment, theCitywillstillhavesufficient unitstomeet RHNAinallincomecategories.

ProjectedAffordability isbased on thecombination oftheonlinesurveyanalysis, thefeedback fromADU owners inOxnard, andtheChappleindustryresearch,andhasbeen evaluatedby HCD asacceptable. 206
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on ADU application materials todocument rentalaffordability. ProvidingthistypeofinformationisvoluntaryforADU applicants. To justify theaffordabilityassumptionsfor ADUsinthisHousingElement,asummaryoftheADUaffordabilitydata collectedbytheCity is provided below.

In2021,90ofthe182ADUentitlementapplicationsreported rental amounts.Of the 90 applications,94 percentreported rental rates that wereaffordabletolowerincomehouseholds.Thedistributionof responseswas asfollows:●18%were affordableto personsofextremely low income;●22%were affordableto personsofvery low income;●54.5%wereaffordabletopersonsoflow income;●4.5%were affordableto personsofmoderate income; and●1%(1unit)wasreportedat “marketrate” whichmay beinterpretedasabove moderate income In 2022,34 of the 40 entitlementapplicationsreceivedthroughFebruaryof2022reportedrentalratesthat were100percent affordabletolowerincomehouseholds.●6% were affordableto personsofextremely low income;●23.5%wereaffordabletopersonsofvery low income;●70.5%wereaffordabletopersonsoflow income;●0% were moderate income; and●0% were above moderate incomeInaddition,ADUresearchconductedbytheUniversityof California,Berkeley’s(UCBerkeley’s) Center forCommunityInnovation (Chappleet al. 2017)indicatesthat 40percent of ADUsaretypicallyrentedto familymembers orfriends at either no cost or 207
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below-market rentalrates.Basedonthecombination of the onlinesurveyanalysis, the feedbackfrom ADUowners in Oxnard, andtheChappleindustry research,90percent the320490 ADUsprojected to be builtinOxnard between2021and2029areanticipated to be affordable tolower-income householdsand 10percent areanticipatedtobeaffordableto moderate-income households.TheOxnardADUregulationsencouragethishousingtypeandallowflexibilityintheirdevelopment. TheCityhasmostrecentlyupdatedtheirADUregulationsin20202019andwillcontinuetodosotocomplywithstatelaw(seeProgram6in Chapter G). The Cityalsohas adedicated website providinginformationandresourcesrelated toADUs.Programs6, 346, 357, 368, and424 committheCityto otherongoingand new efforts to promote andfacilitate ADUs to support thedevelopmentofanincreasednumberofADUsduringthe2021-2029HousingElement update.PagesF-3& F-4 Non-substantial change
Currentinformation
F.3Vacant SitesTableF-1 shows that Oxnard hasalimited number of vacantnever-developedparcels withzoningthat currently allows residentialdevelopment, or withchanges to thezoningand/or General Planlandusethat would allow residentialdevelopment at suitabledensities.Adetailedtableof vacant parcels byAssessor’s Parcel Number(APN)isshowninSupplement 1.Thesitesthatare addressingthelower-incomeRHNAallocationare describedinmore detailin Supplement 1. TableF-1providesasummary of landavailableon vacantandnon-vacant sitesin theCity. Sitesthatwereusedtoaddresslower-incomeRHNAallocationsin the two prior Discussion onvacant sites hasbeen updated toreflectadjustments todevelopmentstatus of siteswithinSupplement1. For example,the buildings onSite 13 (GoldCoast) weredemolished, whichrevised the siteclassification from‘non-vacant’ to‘vacant.’ Discussion of thenewly adoptedAdditive Zonealsoadded.
208
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HousingElements are subjecttoProgram 30 in Chapter G.

Certainvacant sites willneeda haverecently received a change to theirzoningand/ortheirGeneral Planlanduse designation to address thelower-income allocation via overlaysthat allow greater densitywiththeprovision of 20% lower incomeunits(see Program 3 in Chapter G).SeveralsitesarepartofexistingSpecificPlansthat have notbeencompletelybuiltout.TheCitywillalsorely onnon-vacant sitesandadiscussionofthenon-vacant, underutilizedsitesthat areavailable for meeting the City’slower-incomeRHNAallocationfollowsthissection.Thesitesthat are inthevacant land inventory canaccommodate 1,233010lower-incomeunits,1421moderate-incomeunits,and610 above-moderate income units.

Page F-4 Non-substantial change
CurrentInformation
Table F-1. Summary of Vacant andNon-Vacant Sites (Including SpecificPlans and Pending Annexations) CurrentZoningDesignation(overlaysnotdenoted)
TotalAcreage PerZone
Current orProposedMaximumDensity(du/ac)
Realistic/
NetUnitCapacity
BusinessResearchPark

27.03 30 68114
MultipleFamilyResidential
134.28 30 1,2397
TableF-1hasbeenupdated to reflectminor revisions tototal acreage andRealistic net unitcapacity based oncurrent data andchanges todevelopmentstatus. 209
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(R-2)
DowntownGeneral

57.45 Unlimited
2,9682
DowntownCore

28.4731
Unlimited
88478
TOTAL 504.3418
— 9,5148,512
Page F-4 Non-substantial change
CurrentInformation
F.4 Non-Vacant SitesTo provide adequate sites for thelower-income RHNA categories,additionalnon-vacant siteshave beenidentifiedas themost likelylocationswhereadditionalhousingcouldbebuiltbytheprivatesector.Aswiththevacantsites, theCityhassomewillneedarecentlychangedtotheirzoningand/orGeneralPlanlandusedesignations(seeProgram3inChapterG)toaddressthelowerincomeallocation. AsummaryofthesitesisshowninTableF-1.Thesitesthat are addressingthelower-incomeRHNAallocationaredescribedindetailin Supplement 1.Sitesthat were usedto address lower-income RHNAallocationinthepriorHousingElementare subject to Program 31 in Chapter G.

Discussionupdated to reflectCity’s rezone ofparcels to meetRHNA in October2021.

PagesF.12 andF.13
Non-substantial change
Date January10, 2022FindingsLetterfrom HCD(Attachment 4)and discussionwith HCD onFebruary 16,2022.To justifythe housingprojectionsforresidentialdevelopmentonnonresidentialsites (BRPBusiness and “Realisticcapacityforvacant siteswasdeterminedby first multiplyingthenumberof acres by the maximumdensityforthesiteor30dwellingunitsperacre for thesites to addressthelower-income RHNA. Thirtydwellingunitsperacre hasbeenusedforthesitesasthedefaultdensityto addressthe lower-income RHNA allocationbecause those sites wereill eitherrezonedand/or redesignated to thatmaximum density prior to the2021–2029RHNAplanningperiodinOctober2021. CityCouncilresolution15,491makingtheupdatesis includedin Supplement 3.Therealisticcapacity Section F.6Realistic Capacitywas revised inresponseto HCDinputto includean analysis onrealistic capacityanda discussiononparkinginthedowntown.

The analysisfoundthat noneof thecommercial orindustrial zoned 210
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Research Park,C-2 GeneralCommercial,M-L IndustrialLimited, andM-1 LightManufacturingzonedparcels),HCDasked theCity to assessthe percentageofnonresidentialsites listed inthe 2013-2021(prior)adoptedMid-CycleHousingElement thatwere developedwithcommercialusesratherthanlowerincome/residential land uses.HCD requestedthattheCityusethat percentageto inform therealisticdevelopmentcapacityassumption forsites in thesezones. calculationwas thenreducedby 20percent as a buffer to account forsetbacks, openspace,accessand/orother requirements for sites.” “To further support the unitassumptionsin thesitesinventory forthesesites that allow non-residentialdevelopment,theCityhasanalyzedthepast development trendsonsiteslistedin theCity’s current housingelementthatallownon-residentialdevelopment.TheCityreviewedallofthesiteswithanAllAffordableHousingOpportunityProgram(AAHOP)additive designationwitha basedesignationofcommercialor industrial in the City’s currentlyadopted Mid-Cycle HousingElement(2013-2021)andcompared that withcurrent useson thesite. Thedetailsabout the sites analyzed are below:
●20of theAAHOPsiteswere zonedC-2,CM,M-1orML(commercialandindustrial zones).The sites weremade up of 80 parcels●Noneof theAAHOPcommercialorindustrial zonedsites have beendevelopedwithnewcommercialorindustrial uses●Two of theAAHOPsiteshave beendevelopedwithnew 100percentaffordable residential uses●14ofthe20AAHOPsites(orsomeparcels from the sites) werecontinuedinthe2021-2029HousingElement sitesinventoryassitesthatmay be developed by right.

The City foundthat noneof thecommercialorindustrialzonedAAHOPsites were developed with newcommercial or industrial uses.Thisanalysisdidnotresultinidentificationof a needto adjust realistic capacityassumptions on this type of site.” IntheDowntownthereisnomaximumdensityandallprojectswithresidential sites in thepriorhousingelementwere developedwith newcommercial orindustrial uses.Therefore, therealistic capacityutilized (whichreflected HCD’sstandard of 80%of the potentialdensity) wasretained. 211
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unitsproposedorapprovedsincetheDowntownCodewasadoptedin2019havehaddensitiesofover100dwellingunitsperacre;therefore,themaximumnumberof unitsat 100dwellingunitsper acre were calculated for therealistic/net unitnumbers on sites intheDowntown.Thisassumptionalsoreliesontheunderstandingthatparkingis nota constraint to development inDowntown,supportedby thedensitiesthat projectsare achievingandtheDowntownParkingIn-LieuFeeprogramthat is inplace.TheDowntownParkingIn-Lieu fee programs facilitatesdesignationof parkingspacesto serveresidentialprojectsinDowntownincityparkinggarages ratherthanrequiringparkingonsiteforeachproject.Multipleprojectsare listedinTableF-2that arependingorhavebeenapproved/builtintheDT-Gzoneandtheircharacteristicssupport the realistic capacityassumptionsforsitesintheDowntown.Becausethereisnomaximumdensityinthe Downtown, the state defaultdensitythresholdwasusedtocalculatethepercent ofalloweddensityachievedon projectsin Downtown shown inTable F-2.

Page F-13 Non-substantial change
Date January10, 2022FindingsLetterfrom HCD(Attachment 4);Updateprojected ADUs.

UpdateremainingRHNAbased onconstructiondata throughFebruary 2022.Update vacantand nonvacantsite capacitybased on TableF-3.ComparisonofSiteCapacityto 2021-2029RegionalHousingNeedsAssessment IncomGroup
RemaRHNA
TableD-3
ProjeAcceDwelUnits
VacaSitesCapa[Supp
Non-nt SitCapa[Supp
SpecPlans[Supp
SubtoRemaRHNA
PendAnnens (RUrbaand TClub)
TotalUnitsAddr
SurplRHNA
ExtremLow
1,8335
254490
1,233010
1,303456
224
0 165
3,199350
+288439
VeryLow
Low 1,05
Table F-3 hasbeenupdated toreflect 320projected ADUsfor 2021-2029and theremainingnumberof ADUs(283) aftersubtractingbuildingpermitsto date in theRHNA cycle.

TableF-3hasalsobeenupdated toreflect currentremainingRHNA 212
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updates to sitestatus inSupplement 1.
871
Mode 1,52138
290
1421
504
706
14087
285
1,68336
+14598
AboveMode
4,03098
0 610
2,273
625
52290
707
4,285169
+18517
TOTAL 8,4542
283490
1,985761
4,080233
1,555
662777
1,157
9,167427
AsshowninTableF-3,afterreviewingavailable sites for residentialdevelopment,theCityhasanadditional662777moderate-andabove-moderateincome units to accommodate. as adjusted inTable D-3 aftersubtractingbuildingpermitsthroughFebruary2022.

PagesF-15andF-16
Non-substantial change
Date January10, 2022FindingsLetterfrom HCD(Attachment 4);HCD requestedthat the Cityclarifyavailability ofsufficient waterandwastewatercapacity tosupport newhousing units. ●Adequate Water Supply, WaterDelivery, and Water TreatmentFacilities. As describedin greaterdetailin the2030GeneralPlan,theCity has a comprehensivemultifaceted Water ManagementProgramthat outlineshow theCityplansto provideanadequate watersupply to meet forecast waterdemandswell into thefuture. TheCitycompletedandadoptedits2015WaterMasterPlanandUrbanWaterManagement Planin2016.Thelanduseassumptionsarewithintherangeof the2030General Planandwithconsiderationof waterconservation,usedemandfactors, andagriculturewaterannexationfactors,theCityhasdeterminedit has sufficient watersupplies.The City completed andadopted its 2020 Urban WaterManagement Plan(UWMP)in2021.

Section F.10EnvironmentalConstraints andAdequateInfrastructure hasbeenupdated toincludeinformation onwater andseweravailability.Basedonthedataprovidedin the2020 UrbanWaterManagementPlan,theCityhasadequatefacilities,servicesandinfrastructureto accommodatethe plannedresidential 213
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The UWMPidentified additionalwater sources to planfor futuregrowth, such as utilizingrecycledwaterforindirectpotablereuse.TheCityis currently in theprocessofupdatingthe2015UWMP.Toplanforfuture growth theCityis pursuingwater sources and implementingwaterconservationmeasures.Oxnardvoters approvedMeasureEin2020tofund City improvements includinginfrastructure improvements thatwouldfurtherassist in conservationefforts. In additionto its internalwatermanagement program,theCityis workingcooperatively withlocalgroundwater managers, suchastheFox Canyon GroundwaterManagement Agency (FCGMA),United Water ConservationDistrict(UWCD), and CalleguasMunicipalWaterDistrict(CMWD)(LasPosas)onlocal groundwater managementprograms,aswellaswiththeCMWDandtheMetropolitanWater District(MWD)on regionalimported watersupply issues. Together, theseprogramsare intendedto provideahighdegreeofflexibilitytoprovideareliablelong-termwatersupplyundera broad range of known (i.e.,projectedgrowthandplannedwatersupply projects) and unknownscenarios(i.e.,globalclimatechange).Theavailabilityof localgroundwaterias augmented by existinggroundwater management programs(includinggroundwater rechargethrough the Freeman Diversionproject,theLasPosasAquiferStorageProject,andtheAquiferStorage andRecovery program),imported statewater, andtheCity’s plannedwaterrecycling effort through itsGroundwaterRecovery Enhancementand Treatment (GREAT) andAugmentedMunicipalandIndustrial(M&I) SupplementalWaterPrograms growthwithinthecitylimitsduringthetimeframeofthis HousingElement. 214
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willhelpto ensure that theCitywillbe ableto meet long-termwaterdemands.Relative to waterdelivery,allAffordableHousingadditive zonesites wouldbe considered infill orredevelopment andare withintheCity’s abilityto serve. The 2030General Planincludespoliciesandimplementation measures thataddressa range ofwatersupplyandgroundwater resource issues.Withimplementation of the applicablepolicies and implementationprograms, the 2030General PlanProjectEnvironmentalImpactReport(PEIR) found impactson waterresources and services to be aless-than-significant impact.Basedon thedata providedin the2020UrbanWaterManagementPlan,the City has adequate facilities,services and infrastructure toaccommodatetheplannedresidentialgrowthwithinthecitylimitduringthetimeframeofthisHousingElement.TheCityhasthewater capacitytoaccommodate the projectedresidential demand. ●AdequateWastewaterCollectionandTreatment. TheOxnard WastewaterTreatment Plant(OWTP)hasacurrentcapacityof 31.7milliongallonsperday(mgd)withaveragedailyflows ofapproximately 19.0mgd. Sufficientcapacityexists to accommodatewastewater generated by the2030General Plan and the fulldevelopment oftheHousingElementsites. Majorinterceptor andtrunklinesalsohave sufficient capacitytoaccommodate known futurewastewater flows. Localizedwastewater conveyance (includingsewer linesandlift stations)mayrequire additionalwastewater flowcapacityneedto be increasedtoaccommodate future wastewater 215
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flows associated with AffordableHousingadditive zonesites.Capacityoflocalsewersandliftstationswillbeevaluated on development to bedeterminedona case-by-case basisduringtechnicaldevelopment review.Deficient sewerinfrastructure willbeaddressedaspartofthedevelopmentproject.Page G-6 Non-substantial change Date January10, 2022FindingsLetterfrom HCD(Attachment 4);HCD alsorequestedtheHousingElement toincludegoalsto overcomepatterns ofsegregationand fosterinclusivecommunitiesfree frombarriers thatrestrictaccesstoopportunity.

H-5.9 Affirmatively Furthering FairHousingTake proactive steps to overcomeaddress longstanding patterns ofsegregation (including racially orethnically concentratedareas of povertyand areas of linguistic isolation),discrimination, and disinvestment withafocus on use of Federal funds. Fosterinclusive communities freefrombarriersthat restrict access to opportunity.

Goal H-5 inChapter G hasbeenaugmentedto includeadditionallanguage underPolicyH-5.9(pageG-6) to specifyovercomingpatterns ofsegregation,includingRacially/EthnicallyConcentratedAreasof Poverty(R/ECAP) andareasoflinguisticisolation, andfosteringinclusivecommunitiesfreefrombarriersthatrestrictaccesstoopportunity.

Page G-7 Non-substantial change
Date June 22,2022 meetingwith HCD(Attachment 6June 28, 2022Letter to HCD)-in Table G-1,update numberof estimatedmoderate andupper incomerehabilitationconservationunits to align TableG-1HousingUnitObjectivesbyIncome Category (QuantifiedObjectives): 2021–2029 IncomeGroup
2021–2029RH
RehabilitationConservationEstimate
[Program No.]
PreservationEstimate
[Program No.]
TotalHousing UnitsConstructed,Rehabilitated,or
This revisionincreases theestimate to becloser to thenumberof unitsanticipated to berehabilitated bymoderate andabove moderateincomehomeowners. Therevisiondoesnotcreate a newobjective for the 216
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with projectedneedsdiscussedin Chapter B.

NA
TableD-1
Preserved
Moderate
1,538
28150[1,2]
0 1,5661,688
AboveModerate
4,100
28300[1,2]
0 4,1284,400
TOTAL
8,549
306700
431 9,2869,680
City, asrehabilitation ofmoderate andabove moderateunits would beowner funded,whilesomefundsareavailablefromthe City forrehabilitation oflower incomeunits.

Note: The Tableon Page G-7shows theincorrect total inthe last column.This will beupdated for theversion that issubmitted to HCD.

Page G-8 SubstantialChange
Date June 28,2022 HCDreviewerdiscussionswiththe City’sHousingElementconsultant,Placeworks,requested theCity includeatargetedwindshieldhousingconditionsurveyto helpinformthe City onwhererehabilitation Program 1: Code Compliance Program
“Additionally, theCitywillcomplete atargetedwindshieldhousingconditionssurveyduringFiscalYear(FY)2024-2025in several City selected olderneighborhoodsandneighborhoodswithlower medianincomes,to evaluaterehabilitationneeds.Thesurveywillbeconductedbyvisuallyassessingexteriorofhomessuchasroofing,windows,andsidingconditionsandcategorizingunitsas sound,in needof minorrepair,moderate repair, substantialrehabilitation or dilapidated. Basedupon the survey findings, in FY2025-2026theCitywillidentifyspecificneedsandtailorhousingrehabilitationmeasures to fit thoseneeds,suchas ThisrevisionaddsanactionitemtoProgram 1 thatwill requiresubstantial stafftimetoconductatargetedwindshieldhousingconditionssurvey,compile resultsand takemeasures listedbasedon surveyfindings. 217
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efforts shouldbe focused.

Program1(CodeComplianceProgram) hasbeenupdatedtoinclude atargetedhousingconditionssurvey. encourage housing preservation,conservation,acquisitionrehabilitation,mitigation of potential costs, andminimizingdisplacement andrelocationimpactson residents. Thesemeasuresmay include,butare notlimitedtothefollowing:· Reachingoutdirectlytohomeownersof housingunitsin needof repairtopromote the Homeowner RepairProgram (Program 2).· Streamliningpermitreviewforrepairson housingunitsidentifiedduringtheconditions survey.· Seekingnon-cityfundingto offerrelocation assistance to low-incometenants or owners displacedduringrehabilitation efforts.· Seekingnon-cityfundingtodevelopa housing rehabilitation program.” Page G-9 Non-substantial change
Date January10, 2022FindingsLetterfrom HCD(Attachment 4);address HCD’scomment onAFFH.

Program 2: Citywide HomeownerRepair ProgramThe Homeowner Repair Programsupports an anti-displacement strategy.

Added sentenceclarifies that theexistingHomeownerRepair Programsupports an AFFHstrategy.

Page G-9and G-10
Non-substantial change
Updateprogramfollowing Cityrezoning tomeet RHNAinOctober 2021.Renameprogram,updatetimeframe andProgramObjective,removereference torezoning thathas took place Program 3: Rezone to Meet RHNANo Net Loss Monitoring
TimeFrame:Assesswhethersufficientsitesremainannuallyandcontinuetomaintainsufficient sitesat allincomecategoriesthroughoutthe planningperiod.TimeFrame:Rezoningwillbecompletedpriorto orconcurrent withHousingElement adoptionbyOctober15, 2021.

Maintain sufficient sites to meet theRHNAthroughouttheplanningperiodRezonesitesto allow30dwellingunitsper acre (du/ac) and continue to This updateremoves aportionof Program3 thatwas completed inOctober 2021withthe City rezone ofparcels inSupplement 1 toaccommodate thedefault density of30 dwellingunits/acre. 218
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in October2021.
maintaina runningsitesinventorythatmeetsorexceedstheremainingRHNAlower income allocation need.

To address the 2021–2029 RHNA, theCity shall amend the General Plan andthe Zoning Code, as needed, and asdetailed in Chapter F, Achieving theRHNA Allocation, to provide adequatesite(s) for at least 2,911 lower-incomeunits and allow 30 dwelling units peracre or greater on certain sites or incertain zones. The City intends toamend the General Plan Land Use mapand text, as well as Chapter 16 of theOxnard City Code (OCC ) and zoningmap as part of this program, for theAssessor’s Parcel Numbers (APNs) listedin Supplement 1 of this HousingElement. This will include changingGeneral Plan and Zoning density andtext as needed to allow for the densityof 30 dwelling units per acre. Rezoningwill be completed prior to the start ofthe Housing Element planning period,which is October 15, 2021. (Thisprogram replaces Programs 3 and 26 inthe 2013-2021 Housing Element.) Consistent with“no-net-loss”zoningrequirements in Government codesection65863,theCitywillmaintainaninventory of potential sites toaccommodate housingat all incomecategories. In the event that theapproval of a development projectresultsin theremainingsites’capacitybecominginadequate to accommodatetheCity’sRHNAbyincomecategoryandthere are no replacement sitesremainingintheSitesInventorysurplus(TableF-3), theCitywillinitiate thelegislative processto rezoneenoughsitestomeetNoNetLossrequirements.The determination as to on if areplacement site is neededandrequiredwillbebasedonresultsoftheCity’s AnnualReportwhichwill be 219
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submittedtotheCaliforniaDepartmentof Housing and CommunityDevelopment (HCD)ona yearlybasis.The legislative process will beimplemented whentheCitydoesnothave sufficient surpluslandcapacitytomeet the RHNA.

PageG-10
Non-substantial change
Date January10, 2022FindingsLetterfrom HCD(Attachment 4);UpdateObjective toinclude a metricand add text toaddress HCD’scomment onAFFH.

Program 4: Urban Village Program“Accommodate at least 372 lowerincomeunitsin UrbanVillage areasidentifiedin Supplement 1 to increaseaccessto higheropportunityareas,prioritizingconstructionof affordableunits.” “Development of the UrbanVillagesaffirmatively furthers fair housingbyincreasing access to housinginmoderate andhigherresourceareasbyreducingconstraintsondevelopmentofaffordable residential units andexpandingwhere they can be built.Supplement 1 identifies372 lowerincomeunitsin three UrbanVillagedesignated SpecificPlanprojects(TealClub148units,RiverparkSpecificPlanAmendment 118units,andNortheastCommunity/East Village SpecificPlanAmendment 106 units). UrbanVillagesshouldoccurin thedesignatedareasbutmay beproposedin othersthrougha General PlanAmendment,and other associated entitlementpermits. Theintegrationoflandusesisintendedto provideandpromote apedestrianorientationto reducetripsandvehiclemilestraveledin ordertoreduce greenhousegas emissions.Urban Villages are implementedthroughCity Councilapproval of aspecificplanandentitlement permits.Withintheseareas,asstipulatedinthe2030GeneralPlanLandUseElement aminimumof 15 percent of theUVPhousing would be affordable.” This revisionprovidesa metricthat alignswiththelowerincomeunitsaccommodatedwithin theproposeddevelopmentproject withinUrban VillageHousingElementSites (NorthMaulhardt, RiverParkSpecificPlanAmendment, andTeal Club) 220
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PageG-12
Substantialchange
Date January10,2022Letterfrom HCD(seeAttachment 4);and June 22,2022andJune28, 2022meetings withHCD (Attachment 6June 28, 2022Letter to HCD) - InProgram6,update bulletsto bring OCCinto compliancewithstate andfederal law,includingADUparking,EmployeeHousing Act,emergencyshelters,residential carefacilities, andreasonableaccommodations.

Remove SPRactionitemthatwas adoptedinOctober 2021.

Program 6: Zoning Code Amendments●“ In orderto complywithrecentlyadopted state law and addressidentifiedconstraints to residentialdevelopment,theCitywilladdressthefollowingissuesandmake neededOCC amendments. Amendments toChapter 17 (Coastal Zoning)of thecodewilloccuroncetheCityupdatesits Local CoastalPlan(LCP) whichisestimated to occurby theendofFiscal Year 2027-2028.●The City adopted updates to theAccessory Dwelling Unit (ADU)ordinancein 2020to complywithstate law and implement thisprogram. With the City’s ADUprogram, the City has successfullypermittedADU’s throughouttheCity.TheCitywillamendtheordinancefurtherto make one change toaddresscurrent state law. BytheendofFiscalYear2022-2023,theCitywillupdate OCCSections16-468(D)and16-622torecognizecurrent Statelawthat no replacement parkingspacesarerequiredifusingthegarageforanADU.Ifadditionalchangestostatelawoccurduringtheplanningperiod,theADUordinancewillbe updated tocomply with those changes.●Pursuant to the state EmployeeHousingAct(HealthandSafetyCodeSections17021.5,17021.6,and17021.8)andSenate Bill2 (2007),in2022,theCityanticipatesbeginningtoupdatetheCoastalZoningChapter17oftheOCCto addressupdatescalledfor in this HousingElement inPrograms9 and14 oncetheCityupdates the Local Coastal Plan.Completionof updates to theLocalCoastalPlanare expectedbytheendofFiscalYear2027-2028.TheCitywilladhere to theEmployeeHousingActinareasoutsideoftheCoastalzonebytheendof Fiscal Year2022-2023as Therecommendedadditionalactionitems arenecessary tobring the OCCinto compliancewithexistinglawon ADUparking,EmployeeHousing Act,emergencyshelters,residential carefacilities, andreasonableaccommodation.

Site PlanReviewwas adopted asOCC Section16-523et seq.inOctober 2021. 221
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thoserequirements are alreadyineffect.”
● “BytheendofFiscalYear2022-2023,update Chapter 16 of theOCCtostreamlinetheordinanceprovisions,clarifying permitting requirements,simplifying the code requirements,and creating a web-based OCC .●By theendof Fiscal Year2022By2023,amendthe ZoningCodetoallow supportive housing incompliancewithAB2162.Thislawrequires that supportive housingbeallowedwithoutdiscretionary reviewin areaszonedforresidentialuseinzoneswhere multifamilyandmixeduses are permitted, includinginnon-residential zones permittingmultifamily uses.●By theendofFiscalYear2024-2025,amendtheOCCChapter16,Article5,Division18 to limitthe standardsapplyingto emergencyshelters toonly those that comply with state law.●BytheByendofFiscalYear2022-2023,amendtheOCCto allowlow-barriernavigation centers withoutdiscretionary review in compliancewithAssemblyBill(AB)101inareaszoned for mixed-use andnonresidential zones permittingmultifamily uses.● By endof Fiscal Year2022-2023,pursuant to AssemblyBill 2634,amendtheOCCto allow studytheallowanceof single-roomoccupancyunitsinat least onezoningdistricttofacilitate housing options forextremelylow income householdspursuant to AssemblyBill 2634Solutionssuitable to address theneeds of extremelylow incomehouseholdsinclude single-roomoccupancyand/or shared housing,establishingdeeperincometargetingfor subsidieson housingprojects, 222
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providinghousingwith supportiveservicesor rent subsidiesthroughvouchers.●To affirmatively promote moreinclusivecommunities,pursuanttoAB686,the Citywillalsoreview andrevise the City’s requirements forResidentialCare Facilitieswithsevenormore personsby theendofFiscalYear2022-2023andpermitthemasaresidential use in zones wheremultifamilyhousingare permitted,subjectonlytothoserestrictionsthatapplytootherresidentialdwellingsofthe same type in the same zone.●By theendofFiscalYear2022-2023,and as required underthe FairHousingAmendment Act (FHAA),amend OCC Section 16-501.5(Reasonable Accommodation –Findings)to onlyincludeobjectiveconsiderationsincompliancewiththeFair Housing Act.” ●“By December2022,amendtheOCCto includea Site PlanReview (SPR)processforministerialreview of ByRight projects.ThePlanningManageror designeewill be the reviewingauthorityfor SPRs.Theprocesswillincludeobjective review by theDevelopment Advisory Committee(madeupofCityStaff)forconsistencywithlocal, state andfederal codes,whichwillultimatelyreducepermitprocessingtime during buildingpermitplancheck.TheministerialSPRprocess will not be subjecttodiscretionary review, hearings,publicworkshops or publicnotificationrequirements.“PageG-15 Date January10,2022Letterfrom HCD(seeAttachment 4);update toaddress HCD’s Program 10: Inclusionary HousingProgramIn 1999, the Inclusionary HousingProgram was establishedto generateaffordablehousingin proportionwiththe overall increase in market-rate The programdescription hasbeenupdated toinclude AFFHpriorities andgoals. 223
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comments onAFFH
residential units. City CouncilOrdinances2594,2980,2721,2615,and2688require developers withten10ormore unitsto provideten10-percentaffordableunits.Developers of rentalprojectswith10 or more unitsarerequired to providefive5 percent forvery low-income householdsand 5percent for low-income households.Pursuant to current ordinanceprovisions,Developers mayrequest CityCouncilapproval at the preliminarystage in advance for payment ofentitlement processing(i.e., at thebeginning)tosecureCouncilapprovaltopay the City’s Inclusionary Housingin-lieufees(Resolution15,330), whichare periodically adjusted baseduponinflation provisionscontainedin theordinanceTheCityconducteda studyand subsequently updated theinclusionary housing fee in May 2020.

The Citywillusethein-lieufeestoproduce affordable housingopportunitieswithinareasoftheCityofOxnard that areproximatetomoderateorhigherresources(suchasplacebasedconditionsproximate to the OxnardTransit Center, employment hubs,education facilities and medicalproviders) to supportupward housingmobility. TheCitywillalsoseektoimprove the existing living andaffordabilityconditionsof raciallyorethnicallyconcentratedareasofpovertywithhighrates of householdsoverburdenedby housingcost andwithlinguistic isolation (such as SouthOxnard, Downtown, Five PointsNortheast andColonia).TheCitywillalso implement anti displacementstrategiesto prevent displacement ofhouseholdsin areasimprovedby newaffordable housing.

By early2023,theCitywillupdate theCity’s Inclusionary HousingOrdinance 224
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theinclusionary housingrequirements,whichwillbecodifiedinChapter16oftheOCCtotakeintoconsiderationmanycomponents and factors, includingconstructiontrends,opportunities,andeffectiveness in securingaffordablehousing, to name a few.

In addition,to ensure theInclusionaryHousingProgram doesnot poseaconstraint to thedevelopment of allhousingaffordabilitylevels,theCitywillannuallymonitortheimplementationofthisprogramthroughtheCity’s AnnualHousingElement Workshop(Program41),evaluate theimpactsonthecostsand supplyof housing, and makenecessary revisions to the program(s).PageG-16 Substantialchange
Date January10,2022Letterfrom HCD(seeAttachment 4);update toaddress HCD’scomments onAFFH. Addmetric.

Program 11: HomeownershipAssistance Program
TimeFrame:Developanddisseminatemarketingmaterialsforby June2023,update on an annual basis;Ongoing Assist a total of four3 householdsannually. At least halfofthehouseholdsoriginating from low resource areasand/or areasdesignated as raciallyorethnicallyconcentratedareasofpovertyin Oxnard.

Continuedassistanceis providedformoderateandlower-incomehouseholdsto buy single-family units,condominiums,andmobilehomes.Twoloanopportunitiesare offeredwithanaggregateThemaximumdownpaymentassistanceofisupto$57,000,basedonincomelevel andneed. A forgivableloanwillbeupto $30,000,witha ten10-yearterm,non-zerointerestbearing,deferred , no monthly payments,forgivenat theendoftheterm,ordueandforgivablenote.payableifpropertyis sold,transferred,ordefaultsbeforetheendoftheterm.Adeferredloanof The programtimeline,objective anddescription havebeenupdated toinclude AFFHmetrics,prioritiesand goals.

The metric forthisprogramhasbeenrevisedtoassist 4householdsannually. Toaddress AFFH,ametric has alsobeenincludedtorequire at leasthalf of thehouseholdsassisted originatefrom lowresource areasand/or areasdesignated asR/ECAPs. Thisisan ongoingprogram that issubject to 225
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upto$27,000withathirtyyearterm,three percent interest bearing, anddeferred note.

TosupportupwardhousingmobilitytheCity will developfocuseddiscussionquestionswhichwillbesharedduringthe City’s Annualworkshopandwilladdresstheneedsoflowresourceareasand areas designated as raciallyorethnicallyconcentratedareasofpoverty(suchasSouthOxnard,Downtown,FivePoints Northeast andColonia)to offerthemhomeownershipopportunities.Tocombat barriers to participationduetolinguistic isolation, all programmaticmaterialswillbeofferedinSpanish.TheCity will also partnerwith localcommunity-based organizations thatserve residents in these neighborhoodsthetermor earlierif thepropertyissold,transferred,ordefaultsbeforetheend of the term. available Home,CalHome,BEGINand inclusionaryin-lieu funds.

PageG-17
Date January10,2022Letterfrom HCD(seeAttachment 4);update toaddress HCD’scomments onAFFH. Addmetric.

Program 12: Mortgage CreditCertificate (MCC)Responsibility:HousingDepartmentand Ventura County TimeFrame:Developanddisseminatemarketing materialsby June 2023,update on an annualbasis;Ongoingand as first-time homebuyers’applications are pursued Continue working with the VenturaCounty Consortium to distribute fundingand work toward Oxnard residents usingat least six Mortgage Credit Certificatesper year.Work with the Ventura CountyConsortium to request that theyoutreach to at least twenty-fourhouseholds in the areas designated aslow resource and/or RE/CAPs throughmarketing efforts, so at least half of The programtimeline,objective anddescription havebeenupdated toinclude AFFHmetrics,prioritiesand goals.

Ametrichasbeenadded for theVentura CountyConsortiumtooutreach to atleast twenty-fourhouseholds,withat least half ofapplicants fromlow resourceareas and/orareas designatedas R/ECAPs. 226
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applicants are from low resource areasand/or areas designated as racially orethnically concentrated areas of povertyin Oxnard.

Oxnard participateswitha consortiumof cities in the Mortgage CreditCertificate (MCC)programadministeredby Ventura County. Mortgage CreditCertificates MCCsare availableforincome-qualified,first-timehomebuyersandprovidea federalincometax creditup to twenty percent of theannualmortgage interest paid. Since themortgagepaymentsrepaythebonds,noCityguarantee is required. MortgageCreditCertificates MCCscan be usedwithCityhomebuyerprogramstoassistpersonsto qualify forprivatemortgagefinancing.

To support upward housing mobilitytheCity will outreach to the Ventura CountyConsortium to develop a focusedmarketing campaign to households inlow resource areas and areas designatedas racially or ethnically concentratedareas of poverty to offer themhomeownership opportunities. Tocombat barriers to participation due tolinguistic isolation, the City will ask theVentura County Consortium to ensurethat all programmatic materials beoffered in Spanish, and the City will askthe Ventura County Consortium topartner with local community-basedorganizations that serve residents inthese neighborhoods.

PageG-18
Non-substantial change
Date June 22,2022andJune28, 2022meetings withHCD (seeAttachment 6June 28, 2022Letterto HCD)-In Program 14, Program 14: Shelter DevelopmentProgram"The City will complywith SB 2requirements for transitionalandsupportive housingoutsideof theCoastal zoneby theendofFiscalYear2023-24." Thisrevisionisforadherenceto anexisting law.
227
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update timelineto complywithSB2requirementsfor transitionaland supportivehousing.

PageG-21
Non-substantial change
Date January10,2022Letterfrom HCD(seeAttachment 4);updatetimeframe,objective anddescription toaddress HCD’scomments onAFFH. Addmetric.

Program 18: Section 8 AssistanceProgram
Responsibility: Oxnard HousingAuthority
TimeFrame:Ongoing.Increasevoucherutilization;Seeknew vouchers and/ortoraisethepaymentstandards;expandlandlord outreach. Provideannualtrainingto landlords startingin June2023.standard as needed annually Continueto participateintheSection8Assistanceprogram.Increasevoucherutilizationby 95%, encourage propertyowners to register units,andseektoraisethepayment standard asneededto alignwithprivate rental markets.Expand landlord outreach TheSection8RentalAssistanceprogramprovides rental assistance to verylow-incomefamiliestoaffordhousingintheprivate rental market. Participants’grosshouseholdincomemaynotexceed50%of the medianincomefor thecounty or metropolitan area in whichthey chooseto live. Theincomelevelsandmaximumpayment standards areestablishedby theHUD. Theprogramhasan incometargetingrequirementwhichestablishesthat at least 75%ofnew admissionsto theprogrammustcompriseof applicants whoseincomedoesnot exceed30%of the areamedianincome level. The HousingAuthoritymust alsomonitortherentalmarket andadjust thelocal paymentstandard so that thevoucherremains The programtimeline,objective anddescription havebeenupdated toinclude AFFHmetrics,prioritiesand goals. 228
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competitive.TheHousingAuthoritywillbuild on the recommendations asfundingallows, focusingontheeffortsof increasingvoucherutilizationandlandlord participation in the program.

TheOxnard HousingAuthoritywillseekto increase voucherutilization byexpandingourlandlord outreachandengagement effort, including ademonstration that Section 8participants are valuedtenants andlandlords are not permitted todiscriminate onthebasisofaSection8voucher participant.

Thegoal is to improve landlord andtenant relationsandcustomerservice,which in turn will impact theparticipationrateofpropertyowners intheSection8 program.TheCitywillapplyfor new or targeted populationvouchers as those opportunities arise.

TheSection8 programsubsidizesverylow-income householdswhoexpendover half their income on rent.Prospectiverenters securehousingfromHUD-registered apartments, andHUDpays thedifferencebetweenwhat thetenant can afford andthenegotiatedpayment standard. HUD regulationsrequirethat75percentofnewleasesbemadeto householdsearningbelow35percent of medianfamily income,providedlessthan40percent oftheirincomeis spent on housing.In aninflatingrental market, thisstandard isoftenexceeded,resultingindenialofacertificate. To protect housingopportunitiesfor very low-incomehouseholds,the rental paymentstandard must keep pacewiththemarket. The City regularlyseeks toincreaseSection8 vouchers fromHUD.In2020,theHousingAuthoritybegananeffortknownas“RethinkandRenew”torestructure operations.Thegoalis to 229
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improve landlord andtenant relationsandcustomerservice,whichinturnwillimpacttheparticipationrateofpropertyowners intheSection8program. Asaresultof theCOVID-19pandemic,alleffortshadto bepostponeduntil theCity of Oxnard authorizes for thedepartment toproceedwithcommunityoutreachevents.InNovemberof2020,theHousingAuthoritysubmittedagrantrequest to HUDfortechnicalassistancepertainingto theRethinkandRenewefforts.Theapplicationrevolvesaroundassistance with asset portfoliorepositioning, organizationalandstaffassessment, andanalysisof workforceproductivity. All of thesetasks arealignedwiththegoalsandobjectivesofthe RethinkandReneweffort.TheCitycontinuethistypeofworkthroughtheplanningperiodif fundingallows. TheCitywillalsoprovidebiannualtrainingto landlords regarding fair housingrequirements, including therequirement that theyaccept vouchers,andencouragethemtomarketavailableunitsat theirrental propertiesin highresource areasto voucherholders toincrease mobilityfrom low to highresource areas.

PagesG-22 toG-27
SubstantialChange
Date January10,2022Letterfrom HCD(seeAttachment 4);update toaddress HCD’scomments onAFFH. Addmetricsto eachaction item.

Date May 31,2022 meetingwith BarbaraMacriOrtiz(seeAttachment 9May 25, 2022 Program19: AffirmativelyFurtheringFair Housing
TimeFrame:Fairhousingservicesareongoing;Create planby Fiscal Year2022-2023and implement on anongoing basis. Timeframes forindividualactionsare includedin theaction description.

Quantified objectives for specificactionsare includedin the actiondescription.Average 320contactsperyear. Reachat least 50householdsinareas of linguistic isolation toparticipate in theplanningprocessor The programupdate includesadditionalAnti-displacementstrategies,place-basedrevitalizationstrategies, andstrategies toaddress barriers.Many of theactionshave alsobeenupdated toinclude metricsforassistancetoaspecifiednumberof households 230
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email) - InProgram 19underAnti-displacement Strategies,addimplementationof the City’srecentlyadopted JustCauseandRentStabilizationordinances.

In Program 19,addclarificationon theprojected datewhen theSustainableTransportationPlan(STP) willbe completed. serve the City duringthe planningperiod.
“TheCitywillcontinueto providefairhousingservicesandwillconnectwithan average 320contactsperyeartoaccess fair housing services.” Specific actions include:
●Implement thisprogramto addressAFFH affirmatively further fairhousing, including targetingcommunityrevitalization throughplace-basedprograms, enhancingmobilitybetween neighborhoods,anddevelopingstrategiesto reducedisplacement riskin areasof higherconcentration of lower-incomehouseholdsand overpayment (e.g.Programs10, 11, 12, and29)andfacilitating affordable housinginmoderate or higherresource highopportunityareas(e.g. Programs26and3436).

Anti-displacement Strategies:
●Annuallyseek fundingto providetargetedrehabilitationeffortsinlowresourceareasandareasdesignatedasRaciallyorEthnicallyConcentratedAreas of Poverty to prioritizeanti-displacement efforts inneighborhoodswithintheseareas.TheCitywillprovideloansundertheCitywideHomeownerRepairProgram(HousingElement Program 2) torehabilitate 6 lower incomehomesannually, withat least halfof loansprovided to householdsin lowresourceareasandareasdesignatedasRaciallyorEthnicallyConcentratedAreas of Poverty.●Work with Ventura CountyDepartment of HealthandHousingRights Center to trackfair housingissuesandidentify patternsin theCity, includingmeetingannuallyto andfocusonlowresource areas,areasoflinguisticisolation andR/ECAPs. Actionitems have alsobeenaddedthatutilize the City’sClimate Actionand AdaptationPlan (CAAP),GreenAlley Plan,Parks andRecreationMaster Plan,Bicycle andPedestrianFacilityMaster PlanandSustainableTransportationPlan to directgreen infra-structure andcapital improve-ments in lowresource areas.

Implementationoftwoordinancesthat Counciladopted in May2022 have alsobeen added.

This revision alsoclarifies the fiscalyear timeframefor this actionitem in Program19. 231
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checkonthestatusof active cases.TheCitywillsupportVenturaCountyandHousingRightscentertoincreasepubliceducation andoutreachonneighborhoodsidentifiedas beingareasoflinguisticisolation,aswellascontinuing to assist in theinvestigation and resolutionofcomplaintsofhousingdiscrimination,including, where merited, targetedtesting.Thisincreasedoutreachshallinclude,beginningin 2024,at leastoneeducationaloutreachcampaignannuallyin an area of linguisticisolation,targetinga minimumofatleast 25 householdsin suchareaswith multi-lingualfair housingeducationresources.TheCitywilluseits partnerships withcommunity-basedorganizationsthatwork with the Oxnard Mixtecocommunityto provide accesstoinformationandresources,andwillinvite those organizations toparticipate in the City’s AnnualHousingElement workshop(Program41).●Continue working with VenturaCounty groups who promoteexpanded housing opportunitiesthroughvariousfinancialassistanceinitiatives and affordablehousing/neighborhoodrevitalizationprograms and educates thecommunityaboutfair-housingandequalhousingopportunity, providinghousingcounselingservices andfamily resource information andreferral.Throughthispartnership,theCitywillconnectwithanaverage of320contactsperyear. TheCitywillcollaborate withtheseorganizationsandtheHousingRightsCenter(whichprovides materials in sevenlanguages) to disseminate fairhousinginformationinallappropriatelanguages, and to encouragecommunity participation in 232
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workshops, and public hearings,whichshallincludeat least onefairhousingoutreach and educationworkshop annually, beginningin2024, in the areas of linguisticisolation and in Spanish language.●AspartoftheCity’s HousingElementAnnualReport,continueto annuallymonitorzoningregulationstoensurecompliance with fair housing laws.●Each time a housingproject isproposedthat may influenceaparticulargrouporneighborhood,inparticularin areas of linguisticisolation,theCitywillmakeeffortstodistribute informationontheprojectin Spanish,includingpartneringwithcommunity-basedorganizations topromote communityengagementopportunities,to ensure that thegroup or neighborhoodis madeaware oftheprojectandtheprocessandhastheopportunityto respond.Whenhousingprojectsareproposed,includingprojectswhichmayimpactaparticulargrouporneighborhoodinaparticularareaoflinguisticisolation,the Cityshallcontinueto provideinterpretation services at saidmeetings. Further, the City willcontinueto ensurethat publicnoticeincludestext communicating thatinterpretive services are availableshould they be needed.●Implement the City of Oxnard’srecently adopted andcodifiedRentStabilizationOrdinanceNo.3012andtheJust CauseEvictionOrdinanceNo.3013to increasethecertainty andfairnesswithintheresidentialrentalmarket in theCity. Bothordinancesare more protective thanCaliforniaCivil Code Section 1946.2.

Place-based Revitalization Strategies:
●Continueto promote methodswhichprovideopportunitiesfor residents 233
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fromneighborhoodsofconcentratedpoverty and areas of linguisticisolationto serve or participate onboards,committees,andotherlocalgovernmentbodies.TheCity’sefffortsto promote jobopportunityandESLjobs at theCity’s newlyconstructedAmazon Distribution FullfillmentCenter is an exampleof a relevantprogram.TheCity, on an on-goingbasis, will track participation byresidents of areas of linguisticisolation in publicworkshops, fairhousingeducation and outreachseminars, andpublichearings,andwillalsocollectannualdatafromtheHousingRights Center on all casesopenedfromtheseareaswhichraisepotential fair housing issues.●Utilize theCity’s Climate ActionandAdaptation Plan (CAAP) todisseminate communityprogramstoimprove climate and resiliencecitywidewithparticularattentiontodisadvantaged communityareas asidentified in the City’s CAAP.●Utilize the results of the treeinventory publishedas partof theCity’s GreenAlleys Plan(2016),withfocus on fundingtree canopyinstallation/improvements inRacially/Ethnically ConcentratedAreasofPovertyR/ECAPareasduringthe City’s Capital ImprovementProgram (CIP)andin publicareasonly. Focuswill be on areas oflinguistic isolation, andneighborhoods identified asdisadvantaged communitiesbyDecember2025.Iftreecanopyislessthan in otherareas of the City,prioritize actionsthroughtheCity’sCIP.●As partof the City’s CIPprocess,prioritize green infrastructureinvestment (permeablepavements,infiltration planters, trees, etc.) inareas of concentrated poverty, 234
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specificallyneighborhoodsidentifiedas disadvantaged communities.●TheCitywillreviewthesufficiencyofopen spacerequirements (duringFiscal Year 2025-2026)for newdevelopments,withconsiderationtostatemandatesandconservation,andCitypolicesandreviseasnecessaryby June2026to ensure allresidentshave accessto healthy outdoorspaces.Theanalysiswillconsiderifmore orlessopenspaceisnecessaryto supporthousing, density, andoptionsfor passive or active openspaceis considerationto water andconservation.●The City’s Parks and RecreationalMaster Planwillassist theCityindevelopingCIPactivitiesto improve.accessto parks and recreationalareas, includingseekingfundingsourcesto developand/or improveparks or recreational areas andprograms and/or partnerships toaccessnearby recreationalspaceslocated on sites that are notCity-controlled.●Implement the City’s Bicycle andPedestrian Facility Master Plan(2011),withconsiderationto bicycleandpedestrianfacilitiesin R/ECAPareas.●The City of Oxnard SustainableTransportationPlan(scheduledtobecomplete in Fiscal Year2022-2023)will focuson inclusive communityengagement toensurethattheneedsof eachcommunity, age group,andsocioeconomic status arerepresented. The document willincorporate complete streetsdesign,safe routes to school,visionzero,sidewalkorbike laneimprovementsandfirst/last mileplanningintandemwithlanduseopportunitiesinlowerresourced areas includingR/ECAPsandareasof linguisticisolation.TheSustainableTransportationPlanshall 235
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incorporate the findingsand keystrategiesidentifiedin theCityofOxnardBicycleandPedestrianFacilityMasterPlanin2011andtheSidewalkSurvey prepared in 2015,includingthefollowingstrategiesthat improvepedestrian safety:
o Consideradoptinga VisionZeropolicyset of goalsfor reducingtraffic-relatedfatalitiestozerobya certain year. TheCitywouldwork to improve safetyconditionsfor all road users,particularlyvulnerableusers likepedestrians and cyclists. o Consideradoptinga CompleteStreets policyto institutionalizepractices associated withcomplete streets. o Secure grant, or otherfundingopportunitiesandseekto installpedestrian-friendlytrafficsignalsconsistent withSection5.2.2ofthe Oxnard Bicycle andPedestrian Master Plan, suchaudible crossing signals,countdown timer signals,pedestrian refuge islands,andpedestrian-oriented speed limits.

Strategies to Address Barriers toHousingChoicein HigherOpportunityAreas and Housing Mobility:
●Promote transit-orienteddevelopment in Downtown Oxnardthrough implementation of theDowntownDevelopment Planandasfeasible the City’s SustainabilityTransportation Plan, and reviewdevelopment standardsaspartoftheCity’s Annual HousingElementoutreach(Program41)toensurethat 236
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Cityregulationspromote,ratherthanconstrain, transit-orienteddevelopment.●Use land use, zoning, anddevelopment standards to addressbarriers to housingchoicesinmoderate or higheropportunityareas,suchas allowingADUsanddecreasing minimumlot sizes.StartinginJanuary 2023,andaspartoftheCity’s AnnualHousingElementworkshop,review landuse,zoning,and development standards toidentify regulationsthat constrainaffordablehousingdevelopment inhigherresource areas.TheCitywillinitiate thisprocessbyamendingtheOCCto allowsingle-roomoccupancyunitsinat least onezoningdistricttofacilitate housing options forextremelylow incomehouseholdspursuant to AssemblyBill 2634(Program 6).●AspartoftheCity’s AnnualHousingElement Workshop,theCitywillmeetwith developers to discusspossibilitiesof multifamilyhousingdevelopment on sites identifiedinSupplement 1 of the HousingElement.located in●Continue to promote affordablehousingprogramsandopportunitiesin collaboration withthe HousingDepartment and economicdevelopment organizations,aswellasaffordablehousingadvocatesandanyinterested party – see interestepartyseehttps://www.oxnard.org/city-department/community-development/oxnard_affordable_housing/. Theseorganizationsandinterested partieswill also be consulted duringtheCity’s Annual HousingElementWorkshop(Program41).TheCitywilluseits partnerships to ensure thatrepresentatives from the OxnardMixteccommunityparticipate inthe 237
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AnnualHousingElement Workshop.43).●Continueto provideVentura Countybrochures and Ventura CountyDepartment of HealthandHumanServicesinformation regardingfairhousing, tenant rights,rehabilitationgrants,rehabilitationloans,first-timehomebuyer programs,andSection8programsin EnglishandSpanishattheOxnardcustomerservicecounter,Housing Department and Citylibraries.Continuetoprovidealinktothe City’s professionalfair housingservicesproviderorganization,theHousingRights Center’s website ontheCity’s website.TheHousingRightCenter provides numerous fairhousingresourcesandbrochuresontheirwebsite, in multiplelanguages.The Citywill collaborate withtheHousing Rights Center (whichprovides materials in sevenlanguages) todistributepromotionalmaterials(digital and physical) byDecember2024toensureresidentsinareas of linguistic isolation (asidentifiedinFigureB-7)canaccessfairhousingeducation and City andCounty programresources.TheCitywill use its partnerships withcommunity-basedorganizations toensure the Oxnard Mixtecocommunityhasaccesstoinformationand resources.●Actively recruit residents fromneighborhoodsof concentratedpoverty and areas of linguisticisolationto serve or participate onboards,committees,andotherlocalgovernment bodies. Ensureenvironmental hazards are notdisproportionately concentrated inlow-income communities of color.●Encourage additionalmultifamilyhousingin high-performingschoolareas. 238
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●Meet withlocal schooldistrictsbyFebruary 2022 to identifymechanismsof attracting andretaininghigh-qualityteachers toschools in Oxnard.●Use land use, zoning, anddevelopment standards to addressbarriers to housingchoicesinhigh-opportunityareas, such asallowing ADUs and decreasingminimum lot sizes.●Prioritize green infrastructureinvestment in areasof concentratedpoverty.●Ensure non-English-speakingresidents applicants have accesstoprograms like rehabilitationgrants,rehabilitation loans, first-timehomebuyer programs,andSection8programs throughadvertisingandoutreach,includingaccommodationfor translationservicesduringtheapplication review●Each time a housingproject isproposedthat may influenceaparticulargrouporneighborhood,inparticularin areas of linguisticisolation,theCitywillmakeeffortstodistribute informationontheprojectto ensure that the group orneighborhoodis madeaware oftheprojectandtheprocessandhastheopportunity to respond.●Expand access to utilities inRacially/Ethnically ConcentratedAreas of Poverty (R/ECAPs).●Conductan assessment of treecanopy inR/ECAPareasandareasoflinguistic isolation.If treecanopy islessthanin otherareasof theCity,includeactionsintheClimateActionPlantheCityiscurrentlypreparingtoincrease tree coverage in theidentified areas.

PageG-28
SubstantialChange
Date January10,2022Letterfrom HCD(see
Program 21:ReasonableAccommodation
The ReasonableAccommodationfindingsin OCC
239
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Attachment 4);update toaddress HCD’scomments onReasonableAccommodation.

The Cityof Oxnard willcontinuetoprocess requests for reasonableaccommodationwhicharereviewedona staff level(Chapter16).OCCSection16-501.5(ReasonableAccommodation– Findings)willbeupdatedbytheendof Fiscal Year 2022-2023to removesubjectiveconsiderationsincompliancewith the Fair Housing Act.

Section16-501.5willberevisedtoonly includeobjectiveconsideration, incompliancewiththeFair HousingAct. This OCCupdate will beprocessedat thesame time asother codeupdates listed inProgram 6.

PageG-28
Non-substantial Change
Date January10,2022Letterfrom HCD(seeAttachment 4);update toaddress HCD’scomments onSROs.

Date May 31,2022 meetingwith BarbaraMacriOrtiz(seeAttachment 9May 25, 2022email) - InProgram 22,revise text forSRO to beconsistent withProgram 6.

Program 22: Special Needs Groups“TheCitywillalsoexplorethefeasibilityof usingits CDBGto provideseedmoney to assist nonprofitagenciesinthese efforts.“ “By end of Fiscal Year 2022-2023,pursuant to AssemblyBill2634,amendthe OCCto studythe allowanceofsingle-roomoccupancyunitsinat leastonezoningdistrictto facilitatehousingoptions for extremelylow incomehouseholds.” Revision isnecessary for theCity to complywith AB 2634 toallow SROs in atleast one zoningdistrict.

PagesG-29 &G-30
Update programto recognizeLAFCO approvalof Rio Urbanannexation.

Program 24: Annexation Areas
TimeFrame:AnnexationofRioUrbanain Fiscal Year2021-2022.CityCouncilactionin Fiscal Year2023-2024,with;Consideralternative approachesifannexationdoesnotoccurbytheendofFiscalYear2021-2022.AnnexationofTealClubfeasibleexpectedby2024-25;Consideralternative approachesif Programhasbeenupdated withcurrentinformation onstatusof theRioUrbanasite thatwas recentlyreceived LAFCOapproval forannexation. Thisprogram stillincludestheTeal 240
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annexationdoesnotoccurby endofFiscal Year20242025-2026.

TheHousingElement is relyingontheRio UrbanaAnnexation to satisfy aportionofitsRHNAallocation,including17lowerincomeunits,3moderateTheannexationis currentlyundergoingtheannexation processand 147 abovemoderate.may or may not beapprovedTheprojectproposedat thissite hasalreadybeenapprovedby theCityofOxnard. BecausetheprojectsiteiswithintheCity’ssphereofinfluenceitis requiredto bebuiltin theCitynotwithintheCountyofVentura pursuantto theVentura County GuidelinesforOrderlyDevelopment. Annexationwasapproved by theCounty of Ventura,Local AgencyFormation Commission(LAFCO)This program is intendedtocreate 167 residential units inDecember8 three-story buildings,including17 low-incomeunitsand3moderate-incomeunits.Theannexationandrezoneisexpectedtobecompletedin early Fall2021.

TheCityis alsocontinuingtoprocessaevaluatethepotentialdevelopmentandannexationproject,knownas theTealClub Specific Plan site, whichencompassesapproximately of about174 acres. If approval of thedevelopment projectandsupportforannexation is approved by the CityCouncil, annexationof theTeal ClubSpecificPlanarea willaccommodateallow thedevelopment of up to 990housingunitsinarangeofdensitiesandaffordability. CityactionontheSpecificPlanprojectwillbemadeinFiscalYear2023-2024. Due to Ventura CountyLAFCO Local Agency FormationCommissionannexationprocesses,theannexation and service districtdetachment process takesapproximatelyapproximatrelyoneyear.

Club annexationsite,alongwitharequirement tofind sites toaccommodate990 RHNAallocationsif TealClub is notannexed duringFY 2025-2026. 241
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Therefore, annexation would occurduring Fiscal Year 2024-2025.

If the Rio Urbanaand Teal Clubannexation is annexations are notapproved, this program will alsobeused to find alternative housingopportunitieslandtoaccommodate990rezoneorup-zoneforthecreationofthe1,157units(148lowerincome,282moderate,560abovemoderate)duringFiscal Year2025-2026.

PagesG-30 &G-31
SubstantialChange
Date January10,2022Letterfrom HCD(seeAttachment 4);Update toaddress AFFH Program 26: Extremely Low-IncomeHouseholds
TimeFrame:Beginningin Fiscal Year2022-2023,aspartoftheCity’sAnnualHousingElement workshop,meetwithdevelopers toLookforopportunitiestodevelop or facilitate extremelylow-incomeunits.Provideassistanceto support development on aproject-by-projectbasisthroughouttheplanningperiodand on an annualbasis.at least annually ComplywithAB2634.toaccommodateat least 600extremelylow-incomeunits(whichrepresents 2/3rd of theCity’sExtremelyLowIncomeRHNA)inareasdesignated as moderate or higherresource.Comply with AB 2634.

To address the housingneedsofextremelylow-incomehouseholds,theCity will continueto encourage thedevelopment of housingsuitableforextremelylow-incomehouseholds(i.e.,single-room occupancy units,transitionalhousing, multifamily, etc.),withaspecialemphasisonconstructionof theseunitsin moderate or higherhighresource areas to supporttheCity’s housingelement goals. , theCitywillregularlymeet withdevelopersandonanannualbasisaspartoftheCity’sAnnualHousingElement workshop(Program41)todiscussthepossibilities The programtimeline,objective anddescription havebeenupdated toinclude AFFHmetrics,prioritiesand goals.

Ametrichasbeenaddedforat least600 extremelylow-incomeunitsin areasdesignated asmoderate orhigher resourceareas. Thisnumberrepresents ⅔ ofthe City’sextremely lowincome RHNA. 242
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of developinghousingsuitable forextremelylow incomehouseholdsonsites located in neighborhoodsin theCity’s moderate or higherresourceareas.

The City commitsto supportingdevelopers by. Activitiesincludeassisting with site identification,availableandacquisitionlocalfunding,financialresources,assistingtoprovidestreamlined and streamliningentitlements, and implementingprovidingconcessionsandincentives.Program 22 also calls for allowingsingle-roomoccupancyunitsinat leastonezoningdistrictintheCity.TheCitywill meet with local nonprofitdevelopers throughoutthe planningperiod.

PageG-32
Non-Substantial Change
Date January10,2022Letterfrom HCD.Update toaddress HCDcomment onparkingfor thedisabled,suchas residentialcare.

Date June 22,2022 meetingwith HCD(Attachment 6June 28, 2022Letterto HCD)-In Program 27,adda bullet tomonitor if theCity’s guestparkingrequirementisagovernmentalconstraint tothe production Program 27: Review ParkingStandards
●“By endof Fiscal Year2023-2024,pursuant to the Fair HousingAct,updateOCCSection16-622toclassifyparkingrequirementsforthefacilitiesfor the elderly– residential carefacilities,independent living, memorycare, etc. as residentialusesratherthanhealthfacilitiesandto updatethe standards themselves.●By theendofFiscalYear2022-2023,the Citywill update OCCSections16-468(D)and16-622to recognizecurrentStatelawthatnoreplacementparkingspacesare requiredif usingthegarage foranAccessoryDwellingUnit.” ●“Study ways to increasetransit-oriented development inDowntown.●Monitor existing visitor parkingrequirements for impacts toaffordable housing developmentapplications.As partof the City’s Program 27 hasbeenupdated tolist a revisiontoOCC Section16-622(Off-streetParking)to movetherequirementsfor parkingforthe elderlyfromthe HealthServicescategoryto theResidentialcategory, andexpandthetypesofresidentialcarefacilities torecognizechanges in theindustry(currently onlyassistedlivingandnursinghomearelisted toencompass thevarioustypesoffacilities,including 243
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of affordablehousing.

AnnualHousingElement reporting,theCitywillevaluate themultifamilyvisitor parking requirements todetermineif it is a constraint toproductionoflowerincomeunitsandconductnecessary Oxnard CityCodemodificationsasneeded.(Multifamilyvisitor parkingis presently oneuncoveredvisitorspaceperunitforthefirst 30units;afterthe31st unit,0.5 uncovered visitor space per unit).” “Per Government Code Section65583(a),bBy theendof Fiscal Year2023-2024,...” residential carefacilities,independentliving, memorycare, etc.