Agenda packet — Oxnard City Council, November 1, 2022 (part 1 of 3)

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 include: (Minutes for 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 November 1, 2022
Appointment Items - 5:30 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: 867 9506 3955

3. Passcode: 576844
If you wish to speak during public comments or a particular item on the agenda, please sign-on by following the zoom calling in steps listed 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 INPERSON 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/citymeetings. *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 AMENDED AGENDA
Section F - Item 1 Language Edited
Consent - Item J.7 Attachment Revised
Reports - Item L.1 Updated

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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY November 1, 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 callin 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 and the Community Development Commission Successor Agency.

B. APPOINTMENT ITEMS (5:30 PM)

1. Public Works Department
SUBJECT: Presentation by the County of Ventura on the Santa Clara River (SCR) Levees 1 and 3 Update.

RECOMMENDATION: That the City Council receive a verbal report and presentation from the County of Ventura on the Santa Clara River (SCR) Levees 1 and 3 Update. (Live presentation by the County of Ventura.)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
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 November 11, 2022 as "Veterans Day" in the City of Oxnard.

E. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
A person may address the legislative body only on matters not appearing on the agenda and within the subject matter jurisdiction of the legislative body. Speaker requests shall be submitted as set forth on the first page of this agenda. Speakers are limited to three minutes. After 30 minutes, if all speakers have not 2 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY November 1, 2022 PAGE 3
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: Resolution Ratifying Director Orders. (5 minutes) RECOMMENDATION: That the City Council adopt a resolution ratifying orders issued by the Director of Emergency Services in response to the previously proclaimed water shortage emergency and mandatory water conservation measures and receive an update on the emergency and measures.

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

2. City Manager Department
SUBJECT: Agreement to Fund Development of Future Ormond Beach Public Access Park. (15 minutes)
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute Agreement No. A-8509 with Ormond Beach Power, LLC (GenOn) establishing a dedicated fund for the development of a future public access park at Ormond Beach if the State extends the operating life of Ormond Beach Generating Station.
(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/c5C7heDqBv8
Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430

3. 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.
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY November 1, 2022 PAGE 4
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.

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 September 20, 2022 and October 4, 2022 regular meetings as presented.

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

2. Public Works Department
SUBJECT: Additional Budget Appropriation for the Tree Mortality Grant – Round 1.

RECOMMENDATION: That the City Council approve and authorize the recognition of additional grant revenues and a budget appropriation in the amount of $1,181 for additional grant funding received in the State/Local Grant Fund (210) for dead tree removal services. (This item did not originate in Committee.)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

3. Public Works Department
SUBJECT: Resolution for SMART Grant Program from U.S. Department of Transportation.

RECOMMENDATION: That the City Council adopt a resolution:

1. Authorizing the City Manager to submit a grant application for an amount not to exceed $2,000,000 in Strengthening Mobility and Revolutionizing Transportation grant funds to be used for the City of Oxnard Citywide Mobility and Safety Enhancements Planning Project; and

2. Authorizing the City Manager or designee to execute grant agreements; the Finance Director or designee to submit financial reports and grant claims and approve budget appropriations for the use of grant funds; and the Director of Public Works or designee to submit non-financial reports. 4 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY November 1, 2022 PAGE 5
(This item did not originate in Committee.)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

4. Police Department
SUBJECT: Department of Alcoholic Beverage Control Local Enforcement Grant.

RECOMMENDATION: That the City Council adopt a resolution authorizing:

1. The City Manager to apply for $35,000 in grant funds from the Department of Alcoholic Beverage Control to be used for overtime to conduct four (4) Minor Decoy Operations, four (4) Shoulder Tap Operations, and six (6) Holiday Enforcement operations.

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 the use of ABC Grant funds.

4. The Chief of Police or designee to submit all program-related progress or status reports. (This item did not originate in Committee.)
Legislative Body: City Council
Contact: Jason Benites, (805) 385-7624

5. Housing Department
SUBJECT: Ratification of the Fourth Amendment to the Mercy House Shelter Agreement and Approval for Carryover of Measure O Funds for the Mercy House Shelter Operations.

RECOMMENDATION: That the City Council:

1. Ratify the Fourth Amendment to Agreement No. A-8194 with Mercy House, an immediate need amendment, for the provision of shelter and navigation center operations in Fiscal Year 2021-2022; and

2. Authorize the City Manager, or designee, to approve a carryover of Measure O funds in the amount of $641,202.23 (Project M1908 - Homeless Program) from fiscal year 2021-2022 to the 2022-2023 fiscal year for the Homeless Shelter operations. (This item did not originate in Committee.)
Legislative Body: City Council
Contact: Emilio Ramirez, (805) 385-8094

6. City Manager Department
SUBJECT: Exempt Surplus Land Declaration - Successor Agency Meta Street Parcels.

RECOMMENDATION: That the Oxnard Community Development Commission Successor Agency:

1. Adopt a Resolution titled, “A Resolution Of The Oxnard Community Development Commission Successor Agency Declaring Successor Agency Owned Property, As Described Herein, To Be Exempt Surplus Land Pursuant To Government Code Section 54221(F)(1)(D) and Authorizing The Staff To Take Related Actions”; and

2. Enter into two separate Grant Deeds with the City for the transfer of two parcels from the 5 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY November 1, 2022 PAGE 6
Successor Agency, located at 6th Street and Meta Street in Downtown Oxnard (APNs 201- 0-272-170 and 201-0-272-200), to the City for governmental use for one dollar ($1) each.

That the City Council:

1. Enter into two separate Grant Deeds with the Successor Agency for the transfer of two parcels from the Successor Agency, located at 6th Street and Meta Street in Downtown Oxnard (APNs 201-0-272-170 and 201-0-272-200), to the City for governmental use for one dollar ($1) each.
(Community Services, Public Safety, Housing & Development Committee approved 3-0.) Legislative Body: City Council, Oxnard Community Development Commission Successor Agency Contact: Ashley Golden, (805) 385-7478

7. City Manager Department
SUBJECT: Professional Services Agreement A-8501 for Whistleblower Hotline Services.

RECOMMENDATION: That the City Council approve and authorize the execution of Agreement No. A-8501 with Syntrio, Inc. in the amount of $30,500.00 for a duration of five years to provide whistleblower hotline services.

Legislative Body: City Council
Contact: Shiri Klima, (805) 385-7487
K. PUBLIC HEARINGS

1. Community Development Department
SUBJECT: Ordinance Regarding Building Regulations. (15 minutes) RECOMMENDATION: That City Council approve the first reading by title only and subsequent adoption of an ordinance repealing and reenacting Articles II through XII, XV, and XVI of Chapter 14 of the Oxnard City Code, pertaining to the California Building Code, California Residential Code, California Green Building Standards Code, International Property Maintenance Code, Uniform Code for the Abatement of Dangerous Buildings, California Historical Building Code, California Electrical Code, California Existing Buildings Code, California Mechanical Code, California Referenced Standards Code, California Plumbing Code, California Energy Code, Fire Codes, and Fire Sprinklers.
(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/UTXsjAnHwVg
Legislative Body: City Council
Contact: Ashley Golden, (805) 385-7478
L. REPORTS

1. City Treasurer
SUBJECT: City Treasurer’s Monthly Investment Report for the Period Ending September 30, 2022. (10 minutes)
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY November 1, 2022 PAGE 7
RECOMMENDATION: That the City Council receive and file the report.

Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/57AChjDDsDw
Legislative Body: City Council
Contact: Phillip Molina, (805) 385-7808

2. Finance Department
SUBJECT: Purchase and Financing of Two Fire Engines. (20 Minutes) RECOMMENDATION: That the City Council:

1. Approve and authorize the execution of a Purchase Order with South Coast Emergency Fire Equipment for the purchase of two fire engines; and

2. Adopt a resolution approving and authorizing the execution of Equipment Schedule No. 26 to Agreement A-7667 Master Equipment Lease/Purchase Agreement with Banc of America Public Capital Corp. in an amount not to exceed $2.1 million to reimburse the City for the purchase of two Fire Engines; authorizing the execution and delivery of other documents required in connection therewith; and authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by this resolution. (Community Services, Public Safety, Housing & Development Committee approved 3-0.) (Presentation will be live upon consultant's request.)
Legislative Body: City Council
Contact: Betsy George, Alexander Hamilton, (805) 200-5400, (805) 385-7700

3. City Attorney Department
SUBJECT: Urgency Ordinance Amending Chapter 22, Article VIII of the Oxnard City Code Regarding Water Waste. (20 minutes)
RECOMMENDATION: That the City Council introduce for first reading by title only and adopt an Urgency Ordinance pursuant to Government Code section 36937(b), amending certain sections of Article VIII of Chapter 22 of the Oxnard City Code and implementing water conservation measures that is entitled:
“AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD AMENDING CHAPTER 22, ARTICLE VIII OF THE OXNARD CITY CODE TO COMPLY

WITH AND ENFORCE EMERGENCY DROUGHT-RELATED WATER USE
RESTRICTIONS”.
(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/EN-9Ivc8OIs
Legislative Body: City Council
Contact: Stephen Fischer, (805) 385-7483

4. City Attorney Department
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY November 1, 2022 PAGE 8
SUBJECT: Ordinance Amending Chapter 22, Article VIII of the Oxnard City Code Regarding Water Waste (Non-Urgency). (20 minutes)
RECOMMENDATION: That the City Council introduce for first reading by title only an Ordinance amending certain sections of Article VIII of Chapter 22 of the Oxnard City Code and implementing water conservation measures that is entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD AMENDING CHAPTER 22, ARTICLE VIII OF THE OXNARD CITY CODE TO COMPLY WITH AND ENFORCE EMERGENCY DROUGHT-RELATED WATER USE RESTRICTIONS”. (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/GeD2lAVRq1Y
Legislative Body: City Council
Contact: Stephen Fischer, (805) 385-7483

5. Public Works Department
SUBJECT: Recommended Speed Limits-2022 Engineering and Traffic Survey Results and Amending Section 8-2 of Article I of Chapter 8 of the Oxnard City Code. (15 minutes) RECOMMENDATION: That the City Council:

1. Receive and comment on the 2022 speed limit survey results on 49 streets (175 roadway segments) in the City of Oxnard; and

2. Approve introduction of the 2022 Speed Limit Ordinance for the first reading by title only waiving further reading of the ordinance amending Section 8-2 of Article I of Chapter 8 of the Oxnard City Code.
(Public Works and Transportation Committee approved 2-0.) Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/70iF72z-JL8
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

6. Public Works Department
SUBJECT: Amendment to Trade Services Agreement A-8171 with Garcia’s Landscaping Maintenance Inc. for Landscape and Ballfield Maintenance in Riverpark CFD 5. (20 minutes) RECOMMENDATION: That the City Council approve and authorize the execution of the First Amendment to Trade Services Agreement No. A-8171 with Garcia’s Landscaping Maintenance, Inc. to increase the not to exceed amount from $3,120,435 to $4,300,607 and to extend the term from November 5, 2022 to November 5, 2023 for the performance of Landscape and Ballfield Maintenance in Riverpark CFD 5.
(Public Works and Transportation Committee approved 2-0.) Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/3MiamqeIdTw
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY November 1, 2022 PAGE 9
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

7. Public Works Department
SUBJECT: Update Report by Public Works Department Regarding Traffic Signal Improvement Projects. (15 minutes)
RECOMMENDATION: That the City Council receive and file a verbal report from the Public Works Department regarding traffic signal improvement projects. (This item did not originate in Committee as it was a request at the September 20, 2022 City Council meeting.)
Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/YCkyLE7pFTU
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

8. Public Works Department
SUBJECT: Grant Application for the 2022 Urban Community Drought Relief Grant Program. (10 minutes)
RECOMMENDATION: That the City Council adopt a resolution:

1. Authorizing the City Manager to submit a grant application for an amount not to exceed $9,450,000 in 2022 Urban Community Drought Relief Grant Program funds to be used for Education, Outreach, Direct Installation Programs, Rebate Programs, and Other Activities to Increase Water Conservations and Large-Scale Turf Replacement Projects (matching requirement of up to $2,400,000); and

2. Authorizing the City Manager or designee to execute grant agreements; the Finance Director or designee to submit financial reports and grant claims; and the Director of Public Works or designee to submit non-financial reports.
(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/N_oRNGVZvcs
Legislative Body: City Clerk
Contact: Michael Wolfe, (805) 385-8055
M. ADJOURNMENT
9 CITY COUNCIL AGENDA REPORT
APPOINTMENT ITEMS (5:30 PM)
AGENDA ITEM NO. B.1
DATE: November 1, 2022
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Presentation by the County of Ventura on the Santa Clara River (SCR) Levees 1 and 3 Update.

RECOMMENDATION
That the City Council receive a verbal report and presentation from the County of Ventura on the Santa Clara River (SCR) Levees 1 and 3 Update.
(Live presentation by the County of Ventura.)

BACKGROUND
The Santa Clara River (SCR) levee projects, SCR1 and SCR3, are flood control projects under the jurisdiction of the County of Ventura. Staff from the Ventura County Watershed Protection District is managing the two projects (SCR1/SCR3) and will provide project updates.

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

FINANCIAL IMPACT
There is no financial impact in receiving this verbal report.

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Michael Wolfe, Public Works Director

ATTACHMENTS
None
10 CITY COUNCIL AGENDA REPORT

REPORT OF CITY MANAGER/EXECUTIVE

DIRECTOR/SECRETARY
AGENDA ITEM NO. F.2
DATE: November 1, 2022
TO: City Council
FROM: Alexander Nguyen, City Manager, (805) 385-7430, [email protected] SUBJECT: Agreement to Fund Development of Future Ormond Beach Public Access Park. (15 minutes)

RECOMMENDATION
That the City Council approve and authorize the Mayor to execute Agreement No. A-8509 with Ormond Beach Power, LLC (GenOn) establishing a dedicated fund for the development of a future public access park at Ormond Beach if the State extends the operating life of Ormond Beach Generating Station. (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/c5C7heDqBv8

BACKGROUND
Under the State of California’s existing Once-Through-Cooling (OTC) Policy, Ormond Beach Generating Station (OBGS), currently operated by Ormond Beach Power, LLC is operating under an extension mandated by the state for the period 2021-2023. In an agreement for the term of this state mandated extension, the City of Oxnard was successful in getting GenOn to establish a $25M trust fund for the dismantling of the plant post decommission. That fund is held in trust at the Ventura County Community Foundation, and thus far has a $15M balance.

This summer the State passed AB 205, empowering the State Water Resources Control Board ("Water Board") to consider another round of operating extensions for OBGS and other OTC power plants in order to meet California’s electricity demands and grid reliability. Another state mandated extension is inevitable.

For its September 30, 2022 meeting, the Statewide Advisory Committee on Cooling Water Intake Structures (SACCWIS) published a report
(https://www.waterboards.ca.gov/water_issues/programs/ocean/cwa316/docs/2022/saccwis_report.pdf) with the following recommendation
The Statewide Advisory Committee on Cooling Water Intake Structures (SACCWIS) has prepared this report to the State Water Resources Control Board (State Water Board) to summarize the State of California’s current electrical grid reliability needs. This report includes a recommendation from the SACCWIS to the State Water Board to extend compliance dates set forth in the Water Quality Control Policy on the Use of Coastal and Estuarine Waters for Power Plant Cooling, also known as the Once-Through Cooling (OTC) Policy,1 for Alamitos Generating Station (Alamitos) Units 3, 4, and 5; Huntington Beach Generating Station (Huntington Beach) Unit 2; and Ormond Beach Generating Station (Ormond Beach) Units 1 and 2 for three years from December 31, 2023, through December 31, 2026, to support system reliability. (p.5)
While the final decision is yet to be made, the writing is on the wall. Hence, staff has worked with GenOn to fashion a 11 new funding agreement in the event the State mandates the next operating extension; this one to develop a future public access beach park, post demolition of the power plant.

Proposed Agreement Terms
The City and GenOn representatives have negotiated an agreement to establish a dedicated fund for the development of a public access park that will provide genuine coastal access for Oxnard residents at Ormond Beach. The Fund shall be between $5M and $10M, depending on the number of years the extension is mandated. During the term of the agreement, GenOn would make monthly deposits to the City, and we would restrict those funds for the stated purpose of the agreement. This agreement is triggered if and when the state mandates the operating extension of the Ormond Beach Power Plant. If this occurs, as we expect it will, staff will return to City Council with a Resolution restricting this fund for its intended purpose.

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

FINANCIAL IMPACT
There is no financial impact with this item.

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Stephen Fischer, City Attorney, Alexander Nguyen, City Manager

ATTACHMENTS

1. GenOn-Ormond Beach Coastal Access Park Agreement (A-8509)

2. GenOn Fund II 11-01-2022
12 13
14 15
16 17
18 19
20 Agreement to Fund Development of Future
Ormond Beach Public Access Park
City Council
November 01, 2022
Alexander Nguyen, City Manager
21 22
2 RECOMMENDATION
3 That the City Council approve and authorize the Mayor to execute Agreement No. A-8509 with Ormond Beach Power,
LLC (GenOn) establishing a dedicated fund for the
development of a future public access park at Ormond Beach if the State extends the operating life of Ormond Beach Generating Station.
23 BACKGROUND
• The power plant is operating under an extension mandated by the state for the period 2021-2023.
• In an agreement for the term of this state-mandated extension, the City of Oxnard was successful in getting GenOn to establish a $25M trust fund for the dismantling of the plant post decommission. That fund is held in trust at the Ventura County Community Foundation, and thus far has a $15M balance.
24 4

DISCUSSION
5 • This summer the state passed AB 205, empowering the State Water Resources Control Board ("Water Board") to
consider another round of operating extensions for OBGS and other OTC power plants in order to meet California’s electricity demands and grid reliability. Another state mandated extension is inevitable.
• For its September 30, 2022 meeting, the Statewide
Advisory Committee on Cooling Water Intake Structures
(SACCWIS) published a report recommending extensions.
(https://www.waterboards.ca.gov/water_issues/programs/oce an/cwa316/docs/2022/saccwis_report.pdf)
25 DISCUSSION
• We have negotiated an agreement to establish a dedicated fund for the development of a public access park that will provide genuine coastal access for Oxnard residents at Ormond Beach.
• Between $5M and $10M, depending on the number of years the extension is mandated.
• During the term of the agreement, GenOn would make monthly deposits to the City, and we would restrict those funds for the stated purpose of the agreement.
• This agreement is triggered if and when the state mandates the operating extension of the Ormond Beach Power Plant. If this occurs, as we expect it will, staff will return to City Council with a Resolution restricting this fund for its intended purpose.
26 6
27 7
Questions
28 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.1
DATE: November 1, 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 September 20, 2022 and October 4, 2022 regular meetings as presented.

BACKGROUND
Approval of Minutes.

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

FINANCIAL IMPACT
There is no financial impact.

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Rose Chaparro, City Clerk

ATTACHMENTS

1. MINUTES 09 20 2022 CC Regular Meeting

2. MINUTES 10 04 2022 CC Regular Meeting
29 MINUTES

OXNARD CITY COUNCIL
Regular Meeting
September 20, 2022
A. ROLL CALL, POSTING OF AGENDA
At 4:31 p.m., Mayor John C. Zaragoza called to order the regular meeting of the Oxnard City Council, in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California. The City Clerk called the roll and announced the posting of the agenda Councilmembers Vianey Lopez, Oscar Madrigal, Bert E. Perello, Gabriel (Gabe) Teran, Mayor Pro Tem Bryan A. MacDonald, and Mayor John C. Zaragoza were present.

Councilmember Gabriela Basua was absent.

Councilmember Gabe Teran left the meeting at 5:35 p.m., and rejoined the meeting at 6:52 p.m.

Staff members present in person were Alexander Nguyen, City Manager; Ashley Golden, Assistant City Manager; Stephen M. Fischer, City Attorney; Jennie Kelly, Assistant City Attorney; Michelle (Elle) McCarron, Assistant City Attorney; Michael Wolfe, Public Works Director; Joseph Marcinko, Assistant Public Works Director; Tatiana B. Arnaout, P.E., City Engineer; Omar Castro, Water Division Manager; Abraham Maldonado, Water Resources Manager; Megan Schneider, Public Works Water Conservation/Outreach Supervisor; Jeff Pengilley, Community Development Assistant Director; Mike More, Human Resources Risk Manager and Rose Chaparro, City Clerk.

Staff member Shiri Klima, Deputy City Manager; Jason Benites, Police Chief; Alexander Hamilton, Fire Chief; Eden Alomeri, Revenue & Licensing Director & Assistant City Treasurer; participated via videoconference.

THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council.

B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS (None received.) C. CLOSED SESSION (4:30 PM)

1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Government Code Section 54956.9(d)(1))
Name of case: Starr v. City of Oxnard
Ventura County Superior Court, Case No. 56-2017-00494475-CU-WM-VTA Legislative Body: City Council

2. CONFERENCE WITH LABOR NEGOTIATORS (Government Code section 54957.6) Agency designated representatives: Alex Nguyen, City Manager and Steve Naveau, Director of Human Resources
Employee organizations: International Association of Firefighters, AFL-CIO (IAFF), Local No. 1684; Oxnard Public Safety Managers Association (OPSMA) Legislative Body: City Council

3. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Government Code Section 54956.9(d)(1))
Name of case: Pedroso v. City of Oxnard
30 SEPTEMBER 20, 2022 OXNARD CITY COUNCIL PAGE 2
Ventura County Superior Court, Case No. 56-2020-00542336-CU-WT-VTA Legislative Body: City Council
At 4:33 p.m., the City Council recessed to a closed session. At 5:40 p.m., the City Council reconvened in open session in the Council Chambers. The City Attorney announced that items C.1, C.2, and C.3 were reviewed and that there were no reportable actions out of closed session.

D. APPOINTMENT ITEMS (5:00 PM)

1. City Manager Department
SUBJECT: Oxnard Convention & Visitors Bureau (OCVB) Annual Report. (15/10/5)

RECOMMENDATION: That the City Council receive the OCVB FY 21-22 Annual Report. (Live presentation by Oxnard Convention & Visitors Bureau President & CEO, Julie Mino.) Julie Mino Buffo, President & CEO and Brittney Hendricks, Vice President of Marketing & Communications with Visit Oxnard presented to Council their annual report. They provided an overview of the operations, accomplishments over the past year, activities included in their program, as well as the different ways in which they market and promote the City of Oxnard. They answered Council’s questions.

2. Public Works Department
SUBJECT: Presentation by City Staff on Drought Response Actions and Current Drought Conditions. (10/10/10)
RECOMMENDATION: That the City Council receive a verbal report by City staff on the Water Conservation Update Report.

Michael Wolfe, Public Works Director provided Council a report on the drought response activities being implemented by staff, an update on the current drought conditions, and the water conservation efforts being implemented by the City. Public comments were received from Patricia Brown. Report was received and filed, no official action was required.

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

F. CEREMONIAL ITEMS

1. SUBJECT: Presentation of a Proclamation Designating September 15 through October 15, 2022 as "Hispanic Heritage Month."
Mayor Zaragoza read the resolution and presented it to Javier Gomez, Artistic Director and Founder of Inlakech Cultural Arts Center and thanked him for his service to the community by creating, promoting, instructing and supervising the educational cultural arts program, as a cultural arts educator with a focus on diversity and inclusion initiatives. Director Gomez made a few remarks.

2. SUBJECT: Presentation of a Proclamation Designating the Month of October 2022 as " Multicultural Month" in the City of Oxnard.
31 SEPTEMBER 20, 2022 OXNARD CITY COUNCIL PAGE 3
Mayor Zaragoza read the proclamation and presented it to Chair Adam Lopez for the City of Oxnard’s Community Relations Commission (CRC). He was recognized and commended for his contributions, outstanding accomplishments, and dedication to the community.

G. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA

Dolores Lopez (VCTC Free Fare Program - Youth Ride Free), Patricia Brown (Drought, Sound System and Air Conditioning), Veronica Rivera (Food Trucks), Chris Hernandez (Unlicensed Street Vendors), Veronica Rivera (La Bonita Tacos – Street Vendors), and Jessica Ochoa (Street Vendors – Taco Trucks).

H. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY

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 #15,631 confirming the need to continue the local emergency declared on May 17, 2022, due to drought conditions and lack of adequate water supply; and

2. Adopt Resolution #15,632 ratifying DES Order No. 22-04 of the Director of Emergency Services modifying mandatory water conservation measures required during the local emergency.

It was moved by Mayor Zaragoza, seconded by Mayor Pro Tem MacDonald, to approve the recommended action as presented. VOTE: Lopez, MacDonald, Madrigal, Perello, and Zaragoza voted in favor; motion passed 4-0. Councilmember Basua was absent and Councilmember Teran was absent during this vote.

I. CITY COUNCIL REPORTS
Councilmember Perello spoke about food vendors and the presentation made by the County of Ventura Health Division. He attended the Seaview Neighborhood Council and the Harbor Neighborhood Council meetings. He asked staff to address the public restrooms located at the South West Park which are highly used by the public. He also made some comments regarding political sign locations.

Councilmember Madrigal also asked staff to address the public restrooms located at Colonia Park which are also highly used by the public. He attended the Colonia Neighborhood Council meeting and reported that it was well attended and that it was good to see the residents attend and participate. He also attended the Back to School Night at Fremont School. He reminded the public to be safe when riding bicycles and crossing the streets.

Mayor Pro Tem MacDonald announced that VCTC started a new program for students to ride the bus free of charge with proper identification. He also encouraged residents to take the Amtrak Pacific Surfliner train to San Diego instead of driving and to utilize public transportation whenever possible.

Councilmember Lopez attended the Blackstock Neighborhood Council meeting. She visited the Halaco Engineering Company Superfund Site in South Oxnard. She attended the 2022 League of Cities Annual Conference and represented the City.
32 SEPTEMBER 20, 2022 OXNARD CITY COUNCIL PAGE 4
Councilmember Teran thanked the County of Ventura for the event held in memory of Supervisor Carmen Ramirez. The event was well attended by members of the County of Ventura and residents from the City of Oxnard. He attended the Wagon Wheel Neighborhood Council and the Riverpark Neighborhood Council meetings. He reminded the public that September is Suicide Prevention Month.

He announced the upcoming meeting regarding the South Oxnard Aquatic Center. He asked staff to review the list for the signal light upgrades and asked if the lights at the intersection of Doris and Ventura Road qualify for this upgrade.

Mayor Zaragoza reported attending a meeting with the County of Ventura to review proposals for the Fisherman’s Wharf. Councilmember Perello, City Manager and City Attorney attended as well. He attended the “El Grito” celebration at Plaza Park. He also attended a presentation regarding pedestrian safety with Councilmember Lopez, Councilmember Perello, the Public Works Director, and the City Manager.

J. REVIEW OF INFORMATION/CONSENT AGENDA
Items L-1 through L-6 were discussed among the Council and staff.

K. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
Public comments were received from Amanda Meere (L.6).

L. INFORMATION/CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of the July 5, 2022 and July 19, 2022 regular meetings as presented.

2. Public Works Department
SUBJECT: Amendment to Agreement No. 9315-21-PW with Econolite Systems Incorporated for Traffic Signal Preventive, Emergency and Non-Emergency Maintenance Services.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a First Amendment to Agreement 9315-21-PW with Econolite Systems Incorporated to increase the not to exceed amount from $200,000 to $300,000 for traffic signal preventive, emergency and nonemergency maintenance services. (Public Works and Transportation Committee approved 3-0.)

3. Public Works Department
SUBJECT: Agreement A-8484 with Weck Laboratories, Inc. for Contract Laboratory Chemical Testing Services.

RECOMMENDATION: That the City Council approve and authorize the:

1. Mayor to execute Agreement A-8484 with Weck Laboratories, Inc. for a term of one year with the option to extend for two consecutive periods of one year each upon the written agreement of both parties for a maximum possible contract term of three years, and for a total contract not-to-exceed amount over the entire possible contract term of $1,700,000 for laboratory chemical testing services; and
33 SEPTEMBER 20, 2022 OXNARD CITY COUNCIL PAGE 5

2. Purchasing Agent to execute amendments to extend the term of Agreement A-8484 up to a maximum term of three years.
(Public Works and Transportation Committee approved 3-0.)

4. Public Works Department
SUBJECT: City of Oxnard Water Division 2019-2021 Public Health Goals Report.

RECOMMENDATION: That the City Council receive and file the 2019-2021 Public Health Goals Report.
(Public Works and Transportation Committee approved 3-0.)

5. Fire Department
SUBJECT: Adoption Resolution #15,633 Approving the 2022 Update of the Ventura County MultiJurisdictional Hazard Mitigation Plan.

RECOMMENDATION: That the City Council adopt Resolution #15,633 approving the 2022 update of the Ventura County Multi-Jurisdictional Hazard Mitigation Plan.

6. City Manager Department
SUBJECT: Activation of the Wagon Wheel Neighborhood Council.

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

It was moved by Councilmember Perello, seconded by Mayor Pro Tem MacDonald, to approve the Information/Consent items as presented. VOTE: Lopez, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion passed 6-0. Councilmember Basua was absent.

M. REPORTS

1. Community Development Department

SUBJECT: Proposed City-wide Residential Curb Cut Program to enhance the parking availability in residential areas by allowing curb cuts while minimizing impacts to existing on-street parking inventories. (0/15/15)
RECOMMENDATION: That the City Council adopt Resolution #15,634 titled: “A Resolution of the City Council of the City of Oxnard Adopting a City-Wide Residential Curb Cut Program.” Jeff Pengilley, Community Development Assistant Director, presented and answered questions. Michael Wolfe, Public Works Director was also available to answer questions. Public comments were received from Patricia Brown. Written comments were received and provided to Council. Discussion ensued among the Council and staff.

It was moved by Councilmember Teran, seconded by Councilmember Madrigal, to approve the recommended action as presented. VOTE: Lopez, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion passed 6-0. Councilmember Basua was absent.
34 SEPTEMBER 20, 2022 OXNARD CITY COUNCIL PAGE 6

2. Public Works Department
SUBJECT: Agreement A-8492 with Toro Enterprises, Inc. for Lift Station Improvements Project (Stations 1, 2, and 30), Specification No. PW 21-89. (0/5/5)

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

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

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

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

4. Authorize the City Manager or designee to approve a budget appropriation in the amount of $2,686,800 from the available Wastewater Operations Fund Balance for the use of this Project. (This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.)
Tatiana B. Arnaout, P.E., City Engineer, 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: Lopez, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion passed 6-0. Councilmember Basua was absent.

N. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 7:59 p.m.

ROSE CHAPARRO JOHN C. ZARAGOZA
City Clerk Mayor
35 MINUTES

OXNARD CITY COUNCIL
Regular Meeting
October 4, 2022
A. ROLL CALL, POSTING OF AGENDA
At 5:05 p.m., Mayor John C. Zaragoza called to order the regular meeting of the Oxnard City Council in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California. The City Clerk called the roll and announced the posting of the agenda. Councilmembers Gabriela Basua, Oscar Madrigal, Bert E. Perello, Gabriel (Gabe) Teran, Mayor Pro Tem Bryan A. MacDonald, and Mayor John C.

Zaragoza were present.

Staff members present in person were Alexander Nguyen, City Manager; Ashley Golden, Assistant City Manager; Stephen M. Fischer, City Attorney; Alexander Hamilton, Fire Chief; Joseph Marcinko, Assistant Public Works Director; Emilio Ramirez, Housing Director; Kathleen Mallory, Planning and Sustainability Manager; Samantha Shapiro, Project Manager and Dee Lai, Assistant City Clerk.

Staff members Michael Wolfe, Public Works Director and Jason Benites, Police Chief participated via videoconference.

Heather Davis, Rincon Consultant and Amy Sinsheimer, Placeworks Consultant also participated via videoconference.

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.

Vanessa Rauschenberger, Gold Coast Transit District General Manager made a presentation to Council about the Gold Coast Transit District services available to the community. She reviewed the annual report and provided a public transit update. She announced the Ventura County Clean Air Summit and Expo on Wednesday, October 12, 2022. Public comments were received from William Kwon and Pat Brown. The report was received and filed, no formal action was required.

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

D. CEREMONIAL ITEMS

1. SUBJECT: Presentation of a Proclamation Designating the Month of October, 2022 as "Domestic Violence Awareness Month."
Mayor Zaragoza read the proclamation and presented it to Police Department Sergeant Scott Aaron who thanked the Police Department team, the community, and the partner organizations which provide family services, resources, and support to the victims. Chief Benites also made some remarks and announced that 36 OCTOBER 4, 2022 OXNARD CITY COUNCIL PAGE 2
the Police Station will be lit-up in purple this month in support of domestic violence victims.

2. SUBJECT: Presentation of a Proclamation Designating the Month of October, 2022 as "Breast Cancer Awareness Month."
Mayor Zaragoza read the proclamation and presented it to Fire Chief Alexander Hamilton who stressed the importance of early detection and treatment for breast cancer.

3. SUBJECT: Presentation of a Proclamation Designating the Week of October 9 - 15, 2022 as "Fire Prevention Week."
Mayor Zaragoza read the proclamation and presented it to Fire Chief Alexander Hamilton who made remarks about smoke alarms. Chief Hamilton announced upcoming events at local mobile home parks. He encouraged the residents to contact the Fire Department if you need a smoke detector or a carbon monoxide detector alarms for your home. He thanked Council for their support.

4. SUBJECT: Presentation of a Proclamation Designating October 10, 2022 as "Indigenous People's Day."
Mayor Zaragoza read the proclamation and presented it to Chumash ancestors Alikoi Parra and Marianne Parra. Marianne Parra introduced her aunt Melissa Parra-Hernandez and her grandmother Annie Sandoval, a Chumash Plant Medicine woman which continue their legacy and thanked them for their hard work.

Marianne thanked Council for the recognition of their people, the original stewards of this land.

E. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Public comments were received from Francine Castanon (Aquatic Center) and Ronald Arruejo (General Election Candidate’s forum on October 12, 2022).

F. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY

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.

There were no orders to ratify the Director Orders; no formal action was taken on this item.

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, 37 OCTOBER 4, 2022 OXNARD CITY COUNCIL PAGE 3
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.

No public comments were received. Stephen Fischer, City Attorney provided a brief summary regarding the vacancy for District 6.

It was moved by Councilmember Perello, seconded by Councilmember Madrigal, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion passed 6-0.

G. CITY COUNCIL REPORTS
All the Councilmembers congratulated Vianey Lopez on her appointment to County Supervisor.

Mayor Pro Tem MacDonald will be attending the Gold Coast Transit District meeting on Wednesday, October 5, 2022. He will also attend the Ventura County Transportation Commission meeting on Friday, October 7, 2022.

Councilmember Basua commended staff for the extensive outreach done in the community for the Aquatic Center and asked that staff provide a report of the outreach done. She stated that the aquatic center will be something great for the City of Oxnard for many years.

Councilmember Madrigal announced that he attended community events in his district over the last couple of months. He also attended the Multicultural Festival on October 1, 2022. He announced the clean-up event at Colonia Park will be on Saturday, October 8, 2022 and encouraged the community to come out and participate. He also wished a happy birthday to his grandmother who is 86 years old.

Councilmember Teran announced that he attended the Wagon Wheel Neighborhood Council, the Sierra Linda Neighborhood Council, and the Riverpark Neighborhood meetings. He thanked the City Manager and Cultural Community Service Director for also attending the meetings. He congratulated Clay Downing, the former Chair of the Riverpark Neighborhood Council who has accepted a new position and will be relocating to another state. He also attended the Multicultural Festival. He thanked staff and community members with booths for their hard work and efforts to organize this event.

Councilmember Perello announced that he attended the Police Department graduation ceremony and stated that it was a very impressive event. He also attended the Multicultural Festival. He thanked the Legal Women Voters Forum and participated in the event as well. He also thanked the indigenous people that made the presentation during the meeting.

Mayor Zaragoza commented that he was interviewed by Channel 9 News about the City of Oxnard being named the fourth most neighborly city in the United States. He thanked Adam Lopez, Chair of the Cultural Recreation Committee, Martha Guillen, Luly Lopez, Samantha Shapiro, and Dania Aguilar for their hard work in organizing a very successful Multicultural event at Plaza Park. He and City Manager Nguyen attended the Carriage Square Neighborhood Council meeting which was well attended.
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1. City Manager Department
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.

Mayor Zaragoza and City Manager Nguyen introduced and presented the item. No public comments were received.

It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Madrigal, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion passed 6-0.

H. REVIEW OF INFORMATION/CONSENT AGENDA
Items J-1 through J-5 were discussed among the Council and staff.

I. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
Public comments were received from Patricia Brown (J-2).

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.

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.

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.

This item did not originate in Committee as this is a capital improvement project specifically 39 OCTOBER 4, 2022 OXNARD CITY COUNCIL PAGE 5
listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.

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.)

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 Resolution # 15,636 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.)
It was moved by Councilmember Basua, seconded by Councilmember Madrigal, to approve the Information/Consent items as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion passed 6-0.

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 Resolution # 15,635 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.)
The City Clerk announced the affidavit of publication and stated that written communications were received and provided to Council.

Kathleen Mallory, Planning & Sustainability Manager presented and answered questions.

Mayor Zaragoza opened the public testimony portion of the public hearing. Public comments were received from Barbara Macri-Ortiz, Sean Oxborough with Southwest Regional Carpenters, Jonathan Duran with Local 40 OCTOBER 4, 2022 OXNARD CITY COUNCIL PAGE 6
805 Carpenters, and Scott Zimmerman.

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, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion passed 6-0.

L. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 7:32 p.m.

ROSE CHAPARRO JOHN C. ZARAGOZA
City Clerk Mayor
41 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.2
DATE: November 1, 2022
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Additional Budget Appropriation for the Tree Mortality Grant – Round 1.

RECOMMENDATION
That the City Council approve and authorize the recognition of additional grant revenues and a budget appropriation in the amount of $1,181 for additional grant funding received in the State/Local Grant Fund (210) for dead tree removal services.
(This item did not originate in Committee.)

BACKGROUND
On October 30, 2015, Governor Brown proclaimed a state of emergency for drought-caused tree mortality. The proclamation included provisions to expedite the identification, removal and disposal of dead and dying trees that may pose a fall hazard or disease/insect vector hazard. Costs related to the identification, removal, and disposal of dead and dying trees as a result of drought conditions may be eligible for 75 percent reimbursement under the California Disaster Assistance Act (CDAA), with an additional allowance for administrative costs borne by the City.

On May 22, 2018, City Council adopted a resolution authorizing the City Manager to submit an application for federal financial assistance under the Disaster Relief Act of 1974 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act to be used to remove dead trees (also called "the Tree Mortality Event Response"). A budget appropriation was subsequently approved by the City Council on June 18, 2019 to complete the work. The staff report for this action is attached.

The work for this Round 1 effort to remove the diseased or declining trees was concluded in late 2021.

DISCUSSION
The Tree Mortality Grant program allows the City to accumulate tree removal costs and then submit reimbursement requests to the State for reimbursement at a 75/25 ratio for the work performed. There is no specified or maximum amount for the grant. The City is only required to submit reimbursement requests for the actual tree removal costs.

The tree removal costs were estimated and budgeted for the project. The final invoice from West Coast Arborists (contractor for these services) was $1,181 over what was estimated and budgeted for in the State/Local Grant Fund (210) project. However, there was approved funding available in the Public Works operating budget that was appropriated and intended to be used to cover all of the tree removal costs. The final reimbursement request that was submitted to the State did not include the $1,181 in the final invoice amount, since it was not included in the original estimate. The State subsequently recommended that the City submit the full invoice amount, since the State was able to reimburse the City for 75% of the total invoice cost. Therefore, the additional $1,181 was subsequently received from the State. 42 A City Council-authorized budget appropriation is required in order to allocate the additional $1,181 to the State/Local Grant Fund (210).

FINANCIAL IMPACT
The budget appropriation will increase the State grant revenues (2103302-48030) and professional services expenditures (2103302-53200) by $1,181.00 (Project M1912 - Tree Mortality Event Resp). This results in a net zero change to the fund balance (Fund 210 - State & Local Grants Fund). This grant was previously recorded in State/Local Grant Fund (219), Project MO5712 in the City’s legacy ERP system.

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Steve Howlett, Assistant Public Works Director

ATTACHMENTS

1. June 18, 2019 Agenda Report
43 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. H.11.

DATE: June 18, 2019
TO: City Council
FROM: Rosemarie Gaglione, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Budget Appropriation to Leverage Grant Funding for Dead Tree Removal.

RECOMMENDATION
That the City Council approve a budget appropriation in the total amount of $376,250, including $87,500 from Measure O funds to be used to leverage $288,750 from grant funds for dead tree removal (called the "Tree Mortality Event Response"). (Public Works and Transportation Committee approved 3-0)

DISCUSSION
The City of Oxnard has experienced a major die-off of several different species of trees throughout the City, which has been attributed to the ongoing drought. The drought has weakened trees, and a significant number have been unable to fight off infestations of insects and/or fungus. The proximity of the drought-affected trees to City and other adjacent structures prompted staff to take action and initiate removal of high risk trees.

In August of 2016, a hydrologist assessed the depth of the City’s groundwater. The hydrologist determined that the groundwater levels in the City have dropped two to eight feet in the last five years, due to the drought. Historically, groundwater depths throughout the City had been 8.8 feet to 10.7 feet deep. Groundwater depths are now 11 feet to 19 feet deep in the same locations.

Since the hydrologist’s assessment of groundwater depth, the City Arborist inspected several of the City’s dead and dying trees and determined that the drought has played a significant role in causing their death or decline.

In addition, staff contacted the City’s contracted, on-call tree service (West Coast Arborists) and had its arborist provide a second opinion. West Coast Arborists has come to the same conclusion and concurs with the findings of the City’s 280 44
Arborist.

The City began the removal of 201 dead trees with locations throughout the City's park system in early 2018. There are an estimated 613 additional dead and dying trees throughout the City located in parks, medians, and right-of-ways. West Coast Arborists continues to remove dead trees throughout the City as funding permits.

Due to the rising costs associated with the tree removals and limited funds available for the increasing problem, staff began seeking additional funds to pay for the project. Under current conditions, the City is eligible to request reimbursement of expended funds through the CDAA Program, which reimburse removal costs up to 75 percent, with an additional allowance for administrative costs. In order to complete the tree removal work, an appropriation of $87,500 of Measure O funds is required. Out of the requested Measure O budget appropriation, approximately $25,000 will be used in FY 2019, and the remaining in FY 2020.

Water shortages in many cities are leading to the restrictions of recreation irrigation and our urban forest. Selecting species that are drought tolerant to our current conditions is the best long-term solution to a healthier, low-maintenance urban forest. Installing drip irrigation, mulch, and slow irrigation watering bags to establish new trees and a healthy urban forest is key to our current and future conditions.

The CAL Fire tree replanting grant that the city has received will help re-establish trees that were impacted by the drought conditions in prior years. The Parks Division with the help of City Corp will be planting one thousand nonevasive drought tolerant trees throughout the city and help restore our urban forest to thrive. This grant has allowed the City to purchase water bags that slowly introduce water to the tree so there is no run off.

STRATEGIC PRIORITIES
This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to establish, preserve and improve our infrastructure and natural resources through effective planning, prioritization, and efficient use of available funding. This item supports the following goals and objectives:

Goal 5. Ensure orderly development and long-range conservation and management of our natural resources and coastal assets.

FINANCIAL IMPACT
The CDAA funding for the Tree Mortality Event Response provides 75 percent reimbursement for eligible tree identification, evaluation, removal and disposal efforts. A 10 percent administrative allowance is provided in addition to the 75 percent reimbursement from CDAA. This 10 percent allowance is applied as a percentage against the total approved State share to cover indirect costs associated with obtaining and administering CDAA funds. The 25 percent required City match will be paid using Measure O allocations, and this is estimated to be $87,500. Thus, the total cost to the City after reimbursable line items is $87,500. The estimated FY18-19 ending unassigned fund balance of Measure O (Fund 104) is $11.8 million, net of this appropriation request.

Funding Source Fund Amount Percentage of
Project
California Disaster Assistance Act
Reimbursement (tree efforts)
219 $262,500 75%
City of Oxnard Measure O 104 $87,500 25%
281 45
Total Cost of City Share and Match $350,000 100%
Additional 10% of Grant Share Admin
Reimbursement
219 $26,250 10% Admin

COMMITTEE OUTCOME
The Public Works and Transportation Committee voted 3-0 on May 28, 2019 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Eric Humel, Grants Specialist

ATTACHMENTS

1. Resolution No. 15,121

2. Tree Mortality Budget Appropriation
282 46
283 47
284 48
285 49
Department: Date:

Project/Program
Manager: Phone:

Reason for Appropriation:

Accounts and Descriptions AMOUNT
Fund: 219 STATE/LOCAL - MY GRANTS
Revenues/Transfers In
STATE / LOCAL SOURCES / STATE GRANT REVENUES 288,750
Sub-total Revenues 288,750
Expenditures/Transfers Out
CONTRACTS & SERVICES / SVCS-OTHER PROF/CONTRACT 262,500 219-5740-805-8452 INDIRECT COST PLAN CHARGES 26,250
Sub-total Expenditures 288,750
Net Change to Fund Balance 0
Fund:

Expenditures/Transfers Out
CONTRACTS AND SERVICES / SVCS-OTHER PROF/CONTRACT 87,500 Sub-total Expenditures 87,500
Net Change to Fund Balance (87,500)
Net Appropriation Change 376,250
Approvals
Department Director
Chief Financial Officer
City Manager

REQUEST FOR BUDGET APPROPRIATION
To appropriate funds for Tree Mortality Event Response. Tree Removal.

June 4, 2019
805-271-2231
Public Works
Eric Humel
Project Number TBD-Match
104-5740-805-8209
Project number TBD
219-5740-532-7231
Project number TBD
219-5740-805-8209
104 Half Cent Sales Tax

REQUIRES CITY COUNCIL AUTHORIZATION
BA# (Finance Use Only)______________
BA Doc# (Finance Use Only)___________
Revised : 2/23/2012
286 50

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.3
DATE: November 1, 2022
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Resolution for SMART Grant Program from U.S. Department of Transportation.

RECOMMENDATION
That the City Council adopt a resolution:

BACKGROUND
The Strengthening Mobility and Revolutionizing Transportation (SMART) grant program funds projects on a competitive basis to conduct demonstration projects focused on smart city or community technologies and systems to improve transportation efficiency or safety. The program funds projects that are focused on using technology interventions to solve real-world challenges and build data and technology capacity and expertise in the transportation sector.

The SMART Grants Program includes two stages: Stage 1 Planning and Prototyping Grants (Stage 1 grants) and Stage 2 Implementation Grants (Stage 2 grants). USDOT anticipates that only recipients of Stage 1 Planning and Prototyping Grants will be eligible for Stage 2 Implementation Grants and anticipates funding projects of up to $2,000,000 per project for Stage 1 and up to $15,000,000 per project for Stage 2.

This first round of the SMART Grants Program only funds Stage 1 projects for planning and prototyping grants.

DISCUSSION
Staff reviewed the grant program details and assessed how the grant’s priorities fit with the City’s. The grant priority category that is most relevant to current City needs is undergoing planning processes in order to increase the safety and reliability of the City’s transportation system. The strategy that will be proposed is making safety and mobility enhancements through the use of sensors that collect continuous traffic data for passenger vehicles, trucks and buses, cyclists, and pedestrians, and integrate with traffic signalization systems and transportation planning tools (the City of Oxnard citywide mobility and safety enhancements planning efforts).

The grant application is presently being developed, and more project details will be clarified through the process. The grant application will be submitted to the U.S. Department of Transportation by the November 18, 2022 deadline. 51 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 grant allows up to $2 million in SMART Grant Program funds if awarded. No matching funds are required to implement the planning project if the grant is awarded. Grant revenue will be recognized and appropriated upon award notification.

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Eric Humel, Grants Specialist, Tatiana Arnaout, City Engineer

ATTACHMENTS

1. Resolution
52 RESOLUTION NO. _________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD APPROVING THE

SUBMITTAL OF A GRANT APPLICATION FOR STRENGTHENING MOBILITY AND

REVOLUTIONIZING TRANSPORTATION GRANT PROGRAM GRANT FUNDS WHEREAS, Oxnard City Council Resolution No. 12,053 sets out the procedure by which City staff may submit grant applications, following approval by resolution of the City Council; and
WHEREAS, the Public Works Department has requested that City Council approve the submittal of an application to the U.S. Department of Transportation for an amount not to exceed $2,000,000 in Strengthening Mobility and Revolutionizing Transportation (SMART) Grant Program funds to be used for the City of Oxnard Citywide Mobility and Safety Enhancements Planning Project.

NOW, THEREFORE, the City Council of the City of Oxnard resolves to approve the submittal of a grant application by the City Manager to the U.S. Department of Transportation for the purpose of obtaining grant funding for the City of Oxnard Citywide Mobility and Safety Improvements Planning Project. The City Council further resolves that the City Manager or designee is authorized to execute grant agreements; the Finance Director or designee is authorized to submit financial reports and grant claims and approve special budget appropriations for the use of grant funds; and the Director of Public Works or designee is authorized to submit non-financial reports.

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

AYES:

NOES:

ABSTAIN:

ABSENT:
___________________________
John C. Zaragoza, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ ____________________________ Rose Chaparro, City Clerk Stephen M. Fischer, City Attorney 53 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.4
DATE: November 1, 2022
TO: City Council
FROM: Jason Benites, Police Chief, (805) 385-7624, [email protected] SUBJECT: Department of Alcoholic Beverage Control Local Enforcement Grant.

RECOMMENDATION
That the City Council adopt a resolution authorizing:

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 the use of ABC Grant funds.

4. The Chief of Police or designee to submit all program-related progress or status reports. (This item did not originate in Committee.)

BACKGROUND
The Department of Alcoholic Beverage Control (ABC) is awarding grant funding to local law enforcement agencies to be utilized for the Minor Decoy Program, Shoulder Tap Program, and Holiday Enforcement operations.

The Oxnard Police Department is committed to reducing alcohol-related crimes and improving the quality of life for community members through innovative approaches and proven techniques while working closely with outside agencies. The City of Oxnard will apply for $35,000 in grant funds to be used to fund personnel costs for overtime to conduct four (4) Minor Decoy Operations, four (4) Shoulder Tap Operations, and six (6) Holiday Enforcement operations. The increased ABC enforcement will increase awareness and help to reduce the use of alcohol by minors.

The goal of the Minor Decoy Program is to reduce the number of licensees who sell alcoholic beverages to minors. The Minor Decoy Program is an important and effective tool for law enforcement officials in combating sales of alcoholic beverages to persons under the age of 21 years. Local law enforcement agencies began using the program in the early 1980s. On April 4, 1994, the California Supreme Court issued a unanimous decision upholding the underage decoys by law enforcement officials. 54 The Shoulder Tap Program targets adults who furnish alcoholic beverages to minors. “Shoulder Tapping” refers to the practice used by minors to obtain alcohol from adult strangers near off-sale retail outlets. An underage decoy approaches adults outside an alcohol outlet and requests that the adult purchase alcohol on their behalf.

Both the Minor Decoy and Shoulder Tap Programs are conducted under the strict supervision of law enforcement officers.

The Holiday Enforcement program consists of working undercover and high-profile enforcement targeting underage drinking, sales/furnishing to minors, sales to obviously intoxicated patrons, and other related violations. To help reduce youth-involved fatal and/or injury crashes, the dates for Holiday Enforcement operations have been determined by the National Highway Traffic Safety Administration (NHTSA)/Office of Traffic Safety (OTS) to be holidays with an influx of DUI crashes. The holidays are defined as Halloween, New Year’s Eve, St. Patrick’s Day, Cinco de Mayo, Memorial Day weekend, and 4th of July.

The Police Department seeks to accomplish the following goals and objectives by securing this grant funding:
● Reduce the number of establishments selling alcohol to minors. ● Reduce the number of adults purchasing alcohol for minors. ● Promote awareness that providing alcohol to minors is illegal, and those that do will be prosecuted.

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

FINANCIAL IMPACT
There is no financial impact associated with submission of the grant application. The Department of Alcoholic Beverage Control grant does not require ongoing or one-time matching contributions. Upon confirmation of the grant award, the grant revenue will be recognized and appropriated accordingly.

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Marc Amon, Police Department

ATTACHMENTS

1. ABC Grant Resolution FY 22-23

2. ABC Local Enforcement Grant Presentation FY 22-23
55 CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD

APPROVING SUBMITTAL OF GRANT APPLICATION FOR THE
ABC Grant – Alcohol Policing Partnership Program
WHEREAS, City Council Resolution No. 12,053 sets out the procedures by which City staff may submit grant applications, following approval by resolution of the City Council; and WHEREAS, the Police Department has requested that City Council approve the submittal of an application to the Department of Alcoholic Beverage Control for $35,000 in grant funds, to be used to conduct Minor Decoy Operations, Shoulder Tap Operations, and Holiday Enforcement operations.

NOW, THEREFORE, the City Council of the City of Oxnard resolves to approve the submittal of a grant application by the City Manager for grant funds to be used to conduct Minor Decoy Operations, Shoulder Tap Operations, and Holiday Enforcement operations, and resolves to recognize grant revenue in the amount of $35,000 from the Department of Alcoholic Beverage Control. The City Council further resolves that the City Manager or designee is authorized to execute grant agreements; the Finance Director or designee is authorized to submit financial reports and grant claims and approve special budget appropriations for the use of grant funds; and the Chief of Police or designee is authorized to submit non-financial reports.

PASSED AND ADOPTED THIS 1st day of November, 2022 by the following vote:

AYES:

NOES:

ABSENT:

John Zaragoza, Mayor
ATTEST:

Rose Chaparro, City Clerk
APPROVED AS TO FORM:

Stephen M. Fischer, City Attorney
56 Department of Alcoholic Beverage Control
(ABC) – Office of Traffic Safety (OTS)
Local Enforcement Grant
Oxnard City Council
November 1, 2022
Marc Amon, Commander
57 Recommend that the City Council adopt a resolution authorizing:
• The City Manager to apply for $35,000 in grant funds from the Department of Alcoholic Beverage Control to be used for overtime to conduct four (4) Minor Decoy Operations, four (4) Shoulder Tap Operations, and six (6) Holiday Enforcement operations.
• The City Manager or designee to execute grant agreements and appropriate funds upon confirmation of grant award.
• The Chief Financial Officer or designee to submit financial reports and grant claims and approve budget appropriations for the use of ABC Grant funds.
• The Chief of Police or designee to submit all program-related progress or status reports.

RECOMMENDATION 2
58 Local Enforcement Grant
• Grant funding is offered through the Department of
Alcoholic Beverage Control (ABC) to law enforcement
agencies to be used for Minor Decoy Operations, Shoulder Tap Program, and Holiday Enforcement operations.
• Grant request amount: $35,000
LOCAL ENFORCEMENT GRANT 3
59 Minor Decoy Operations
• Goal is to reduce licensees who sell alcohol to minors. • An important and effective tool for law enforcement.
• Operation has been in use since early 1980s.
• In 1994, California Supreme Court issued unanimous
decision to use underage decoy operations.
• Oxnard Police Explorers are used for this operation and supervised by a police sergeant and police officers.

LOCAL ENFORCEMENT GRANT 4
60 Shoulder Tap Program
• Targets adults who furnish/purchase alcohol for minors • Operation is conducted near off-sale retail outlets.
• Minor “shoulder taps” adult and asks the adult to purchase alcohol on their behalf.
• Police Explorers used for this operation under strict supervision of law enforcement officers.

LOCAL ENFORCEMENT GRANT 5
61 Holiday Enforcement will target
• Underage drinking
• Sales/furnishing alcohol to minors
• Sales to obviously intoxicated patrons
NHTSA and OTS identified the holidays as

1. Halloween

2. New Year’s Eve

3. St. Patrick’s Day

4. Cinco de Mayo

5. Memorial Day weekend

6. 4th of July
LOCAL ENFORCEMENT GRANT 6
62 Goals and Objectives:
• Reduce the number of establishments selling alcohol to minors.
• Reduce the number of adults purchasing alcohol to minors. • Promote awareness that providing alcohol to minors is illegal, and those that do will be prosecuted.

LOCAL ENFORCEMENT GRANT 7
63 QUESTIONS
64 8

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.5
DATE: November 1, 2022
TO: City Council
FROM: Emilio Ramirez, Housing Director, (805) 385-8094, [email protected] SUBJECT: Ratification of the Fourth Amendment to the Mercy House Shelter Agreement and Approval for Carryover of Measure O Funds for the Mercy House Shelter Operations.

RECOMMENDATION
That the City Council:

1. Ratify the Fourth Amendment to Agreement No. A-8194 with Mercy House, an immediate need amendment, for the provision of shelter and navigation center operations in Fiscal Year 2021-2022; and

BACKGROUND
The Oxnard Navigation Center, located at 351 South K Street, is a 110-bed emergency shelter for homeless individuals that includes a multitude of services including meals and a safe place to sleep. Since the 2019 inception of the program, the City of Oxnard has partnered with Mercy House to operate the shelter.

FY 21-22 Amended Shelter Agreement
Agreement Number A-8194, between the City of Oxnard and Mercy House, began on January 1, 2020, and ended on June 30, 2022. The agreement was amended three times during this period. These amendments took place during the COVID-19 pandemic and included additional funds to cover the costs associated with the COVID-19 response. Not knowing how long the COVID-19 pandemic would last, the cumulative or ‘not-to-exceed’ amounts were often written as two separate amounts, where one was for the standard shelter operations and the other for the COVID response.

At the completion of the agreement, staff discovered that although the allocated funds for each fiscal year were correct, there were math errors in the cumulative not-to-exceed amounts. This mistake resulted in the not-to-exceed amount being under reported by $479,909.

The immediate need amendment (Fourth Amendment) was drafted and executed on September 22, 2022 to ensure that Mercy was paid for services already rendered and agreed upon in fiscal year 2021-2022. This immediate need was also warranted to close out the fiscal year. The City executed a Fourth Amendment, an immediate need amendment, pursuant to Oxnard City Code section 4-75.t. The Fourth Amendment rectifies the cumulative total of each amendment for a notto-exceed amount of $6,207,278 (previously indicated as $5,027,349). 65 Funding sources for the $6,207,278, cost of 2021-22 services include Measure O, Permanent Local Housing Allocation (PLHA) and General Fund funding.

FY 2021-2022 Measure O Carryover for Homeless Services for Operating Year 2022-2023 For several years, the City has been allocating Measure O funds for homeless services. This funding has been a critical piece in supporting shelter operations within the past three years. Shelter operations average expenditures of approximately $180,000 per month, or approximately $2.16 million dollars, annually.

In March 2020, in response to COVID-19, a second shelter site was opened across the street from the Navigation center at 350 South K Street (the Police Activities League (PAL) building). This second site allowed COVID-responsive services with minimal impacts on the bed capacity. In fiscal year 2021-22, the City utilized Emergency Shelter Grant - CARES Act (ESG-CV) funding to operate the shelters in a COVID-responsive manner, including operations at a second site. That year, the shelter was predominantly funded with ESG-CV funds. Only $462,344 Measure O funds were used, leaving a balance of $641,202. The ESG-CV funds approved for the shelters have now been expended.

The secondary shelter closed in July 2022. All persons were able to move back to the Navigation Center, which is back to operating as a 110-bed facility. On June 30, 2022, City Council approved A-8474 for the navigation center operations for FY 22-23 in the amount of $2,796,891. As approved on June 30, 2022, the navigation center will be funded with a combination of Measure O, General Fund, and Permanent Local Housing Allocation (PLHA) grants. The Navigation center needs the prior year Measure O fund balance allocated to homeless services, to support the new fiscal year, 2022- 2023, operations. Staff requests that Council approve a one-time carryover of the fiscal year 2021-2022 annual fund allocations to the current 2022-2023 fiscal year. The carryover funds requested will not be used for prior year expenditures.

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

FINANCIAL IMPACT
The June 30, 2022 staff report indicated a Measure O carryover (Project M1908 – Homeless Program) amount of $795,5665 for the FY 22-23 shelter operations (A- 8474); however, after the close out of the 21-22 fiscal year, this amount has been reduced to $641,202.24.

Staff will return to Council to request $154,363 in PHLA funds to equal the approved agreement amount of $7,796,891.

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Emilio Ramirez, Housing Director

ATTACHMENTS

1. Fourth Amendment To Agreement No. A-8194 For Professional Services Regarding Shelter And Navigation Center Operations
66 67
68 69

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.6
DATE: November 1, 2022
TO: City Council, Oxnard Community Development Commission Successor Agency FROM: Ashley Golden, Assistant City Manager, (805) 385-7478, [email protected] SUBJECT: Exempt Surplus Land Declaration - Successor Agency Meta Street Parcels.

RECOMMENDATION
That the Oxnard Community Development Commission Successor Agency:

2. Enter into two separate Grant Deeds with the City for the transfer of two parcels from the Successor Agency, located at 6th Street and Meta Street in Downtown Oxnard (APNs 201-0-272-170 and 201-0-272-200), to the City for governmental use for one dollar ($1) each.

That the City Council:

1. Enter into two separate Grant Deeds with the Successor Agency for the transfer of two parcels from the Successor Agency, located at 6th Street and Meta Street in Downtown Oxnard (APNs 201-0-272-170 and 201-0- 272-200), to the City for governmental use for one dollar ($1) each. (Community Services, Public Safety, Housing & Development Committee approved 3-0.)

BACKGROUND
On July 28, 2022, the Oxnard Community Development Commission Successor Agency (“Successor Agency”) recommended the declaration of two Successor Agency-owned properties (APNs 201-0-272-170 and 201-0-272-200) located on 6th Street and Meta Street in Downtown Oxnard (the “Additional Properties”) as “exempt surplus,” and transfer of the ownership to the City. This declaration allows for an “agency use,” such as open space and recreational use (Attachment 1).

Additional Properties’ Characteristics
APN Parcel # (Attachment
2)
Sq ft. LRPMP Estimated
Value
Proposed Purchase
Price
201-0-272-170 4 7,404 $111,060 $1
70 201-0-272-200 5 2,465 $12,325 $1
Surplus Land Act
Assembly Bill 1486, also known as the Surplus Land Act or the “Act,” requires a local agency to report annually on surplus land held by the local agency. The intent of the Act was, among other things, to improve the process for providing notice of surplus land to facilitate the development of affordable housing around the State.

Further, the Act requires a local agency to declare properties as “surplus land” or “exempt surplus land” before taking action to dispose of those properties. The Act defines “exempt surplus land,” in part, as “surplus land that a local agency transfers to another local agency for that agency’s use.” An “agency’s use” is defined in the Act as land that is used or planned to be used for the agency’s work or operations. As defined in the Act, “agency’s use” excludes commercial or industrial uses, such as non-government retail, entertainment, or office development. Importantly, land for open space or recreational purposes is considered an “agency’s use”; open space purposes means that the land is used for public recreation, enjoyment of scenic beauty, or conservation or use of natural resources.

The Successor Agency is being asked to declare the Additional Properties exempt surplus land, which the City will use for open space purposes.

A local agency that determines that a property is exempt surplus land shall support the determination with written findings, and the local agency shall provide a copy of the written determination to the State Housing and Community Development (HCD) at least thirty (30) days prior to disposition. Attached to this report is a resolution declaring the Additional Properties as “exempt surplus land,” following the procedures defined by the Act (Attachment 3).

Grant Deed
At the July 28, 2022, Successor Agency meeting, staff indicated that a declaration of exempt surplus land would be presented to the Committee, along with an agreement between the City and Successor Agency for the transfer of the Additional Properties for one dollar ($1) each (Attachment 4). While staff had indicated on July 28, 2022, that the Successor Agency and City could enter into a purchase and sale agreement for the transfer and sale of the Additional Properties, the Successor Agency also has the legal authority pursuant to Health and Safety Code Section 34181(a) to “transfer ownership of those assets that were constructed and used for a governmental purpose, such as roads, school buildings, parks, and fire stations,” to the City through a Grant Deed.

Due to the Additional Properties’ dimensions and Downtown zoning requirements, staff is proposing to transfer the Additional Properties through a Grant Deed to the City, with the use of each parcel being a public open space. Doing so would save Successor Agency and City staff administrative time and costs associated with preparing a purchase and sale agreement, publishing hearing notices, conducting a hearing, and opening an escrow.

Oxnard Parks and Recreation Master Plan (2021)
The Oxnard Parks and Recreation Master Plan (Master Plan) seeks to guide decision-making for the future development and management of the City’s parks, recreation facilities, beaches, and open spaces (Attachment 5). The Master Plan identifies Five Points as the City’s most significant gap in park acres per 1,000 residents, with less than one (1) acre per 1,000 residents. The Master Plan states that the City “should consider acquiring some of the vacant lots in these areas to develop into parks, when and if resources become available” (page 54). In addition, the Master Plan states, “as Oxnard has a difficult time managing its existing parks, the City should focus funding on improving what they already have. The City should build Campus Park and Sports Park, and finish College Park while continuing to plan small neighborhood parks for neighborhoods that lack park acreage” (page 140).

Parks, Recreation, and Community Services Commission
On January 26, 2022, the Parks, Recreation, and Community Services Commission (PRCSC) discussed the need for open 71 space or recreational areas for residents in Five Points and identified the Additional Properties as potential future locations. The Public Works Parks Division (Parks) has briefed the PRCSC on the existing challenges with maintaining the City's current inventory of parks. The PRCSC has understood the concerns but still recommended that staff continue to research options for the acquisition of property due to the limited availability of land in the Five Points area.

On May 25, 2022, the PRCSC approved a recommendation to the City Council to allocate sufficient Measure O, Measure E, or General Funds for the purchase and basic improvements of the Additional Properties to create recreational green space in Five Points. The PRCSC desires to reserve Quimby funds for the development of the park.

Park Maintenance Concerns
As stated previously, Parks has expressed its concerns to the PRCSC about maintaining new public facilities in addition to the current facilities. Parks is not only responsible for maintaining thirty-eight General Fund parks, but they are also responsible for maintaining the Citywide street landscapes, landscapes for public facilities, City-owned undeveloped property, Oxnard Beach, and nearly 50,000 trees. Beginning in FY 2021-22, the City began reinvesting Measure E funds to restore proper maintenance in these areas with contract services. However, staff has not been able to complete necessary capital improvements in the parks as a result of the financial cuts from previous fiscal years, the long-term deferred maintenance, delays in manufacturing and delivery of parts and equipment, competing priorities, and the inability to hire qualified staff. Adding additional facilities to develop and maintain will further exacerbate these issues.

Funding alone does not solve the years of deferred maintenance.

Quimby Funds
Quimby funds are funds paid by developers to cities in lieu of constructing new parks. Quimby funds cannot be used for the maintenance of a park but can be used for the acquisition and development of new parks or the improvements to existing ones. As of September 2022, there was approximately $1.25 million available in Quimby funds allocated to the Five Points Neighborhood to fund park improvements or new park development. These funds were acquired through the Gateway Station development, a 240-unit residential development just south of Five Points.

Next Steps
With the recommended action, staff will forward the Exempt Surplus Land Act Declaration Resolution and Grant Deed for the Additional Properties to the Successor Agency and City Council for approval (tentatively scheduled for November 1, 2022). As part of the 2012 Redevelopment Dissolution Law that dissolved all redevelopment agencies in the State of California, any action would require approval from the Ventura County Consolidated Oversight Board and the California Department of Finance.

Concurrently, per the guidelines established by the Act, staff will submit the resolution declaring the Additional Properties as “exempt surplus land” to HCD for approval.

If the declaration of the sites as exempt surplus and the Grant Deed to transfer the ownership to the City is not approved by any of the Ventura County Consolidated Oversight Board, DOF, or HCD, then this project would effectively end. The Successor Agency would then have to declare the Additional Properties “surplus land” in accordance with the Act in order to dispose of them, likely subjecting them to affordable housing purposes.

If the declaration of the sites as exempt surplus and the Grant Deed to transfer the ownership to the City are approved by the Successor Agency, City Council, Ventura County Consolidated Oversight Board, the California Department of Finance, and HCD, park ideas and potential recreational uses to serve the community will need to be explored.

Staff will return to the Committee with information on additional costs for the prospective design, construction, and maintenance of future open space on the Additional Properties. A landscape architectural firm will need to be contracted to develop biddable plans and specifications with an engineer's cost estimate for the park construction to be bid. The conceptual and final design will need to be brought before the City Council for final approval. Due to the already approved parks projects through the CIP and ARPA, there is not a timeline associated with these future actions described above.
72 STRATEGIC PRIORITIES
This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.

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

FINANCIAL IMPACT
The additional Properties will be sold and transferred to the City for one dollar ($1) each rather than for an amount identified in an appraisal or Broker Opinion of Value, as set forth in the LRPMP (i.e., for $111,060 and $12,325, respectively, Attachment 6) because they will not be used by private owners for market use. Instead, they will be for the City’s use (i.e., open space).

Sufficient funding is available in General Fund 101-1001-801-83.77 for the City to purchase the Additional Properties from the Successor Agency.

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

COMMITTEE OUTCOME
This item was recommended for Council approval by the Community Services, Public Safety, Housing & Development Committee on October 11, 2022, by a vote of 3-0.

The attached resolution has been updated to state that the City will purchase the Additional Properties from the Successor Agency for one dollar ($1) each and that the Additional Properties are not within a coastal zone, adjacent to a historical unit of the State Parks System, listed on the National Register of Historic Places, or within the Lake Tahoe region.

Prepared by: Adam Smith, Project Manager

ATTACHMENTS

1. Staff Report - July 28, 2022

2. SA Parcels

3. Surplus Land Act Resolution_ Meta Properties

4. Grant Deeds

5. Oxnard Parks & Recreation Master Plan - Five Points

6. Long Range Property Management Plan - LRPMP

7. Presentation - Exempt Surplus Properties
73 CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. M.4
DATE: July 28, 2022
TO: City Council, Community Development Commission Successor Agency, and Oxnard Housing Authority FROM: Ashley Golden, Assistant City Manager, (805) 385-7478, [email protected] 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.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/Mytm7lQqo10

BACKGROUND
Executive Summary
On October 5, 2021, staff presented the Successor Agency and the Board of Directors of the Oxnard Housing Authority (OHA) with a Purchase and Sale Agreement (PSA) for the sale of four Oxnard Community Development Commission Successor Agency (Successor Agency) owned properties (collectively, the Properties) for affordable housing purposes, which was approved 7-0. At the meeting, questions were raised about options for these four Successor Agency-owned 74 properties. The responses provided to the Successor Agency were incomplete and incorrect. At that meeting, staff presented that the only options were:

1. Move forward with the PSA between OHA and Successor Agency for the development of affordable housing for four of the six parcels; or

2. Allow the Exclusive Negotiating Agreement (ENA) to expire, which would mean the parcels would be subject to the Surplus Land Act and development of affordable housing through the California Department of Housing and Community Development (HCD).

During the meeting, questions were raised about options available for the disposition of two other Successor Agencyowned properties that were not part of the October 5, 2021, subject action (APNs 201-0-272-170 and 201-0-272-200 (the Additional Properties). The response provided to the Successor Agency was incomplete and incorrect. At that meeting, staff presented that the only option was to declare the Additional Properties as surplus public land, subject to future affordable housing construction through the HCD.

That information was incomplete as the Successor Agency could also choose to declare these two properties as exempt surplus land, subject to the agency’s (City) use for open space and recreational purposes. See additional information in the Surplus Land Act section of this report.

This report will provide information and context on the Successor Agency-owned parcels, including the Surplus Land Act, Housing Related Parks Program Grant Agreement & Measure O & Housing Element, the Purchase and Sale Agreement between OHA and the Successor Agency for the Properties, the Additional Properties, Oxnard Parks and Recreation Master Plan, Downtown Code, Parks, Recreation, and Community Services Commission recommendation, and Quimby funds.

Despite the incorrect and incomplete information, staff recommends that the Successor Agency and OHA uphold their October 5, 2021 decision to enter into a PSA between the two agencies, ensuring additional units of affordable housing in the City.

Surplus Land Act
Assembly Bill 1486 (the “Law”) requires a local agency to annually report on surplus land held by the local agency. The intent of this legislation was, among other things, to improve the process for providing notice of surplus land to facilitate the development of affordable housing around the State. The Law requires that any land owned in fee simple “not necessary for the “agency use” be declared surplus prior to disposition of the land. “Agency’s use” is defined in the Law as land that is used or planned to be used for the agency’s work or operations. As defined in the Law, "agency use" expressly excludes commercial or industrial uses, such as non-government retail, entertainment, or office development.

Land for open space or recreational purposes would be considered “agency’s use.” Exempt surplus land can mean properties less than five thousand (5,000) square feet in area or properties transferred from one agency to another for that “agency’s use.”
If an agency disposes of land to finance such a project or activity, that disposition must go through the surplus land process under the Law. Most recently, the Council declared 53 parcels surplus at their February 1, 2022 meeting.

Housing Related Parks Program Grant Agreement & Measure O & Housing Element On November 14, 2017, the City Council authorized an agreement with HCD for grant funds to fund park facility improvements. As part of that report, there was a request from the Parks, Recreation, and Community Services Commission (PRCSC) to purchase land within the Five Points neighborhood, specifically property located at Seventh Street and Meta Street. Staff opposed the inclusion of these parcels due to their size, private ownership, development potential for affordable housing, and lack of budgets to maintain parks. These are the parcels that were part of the October 5, 2021, action authorizing a purchase and sale agreement for the development of affordable housing.

Despite staff’s recommendation, ultimately in 2017, the Council authorized $278,000 in Measure O funding for the “possible purchase of this property understanding that this Affordable Housing Opportunity Site will need to identify a replacement site and denote replacement units in 2018 before the current site can be used for a park.” These parcels 75 (APNs 201-0-272-030 and 201-0-272-020) were subject to the October 5, 2021, action and were designated in both the 5th and 6th cycle Housing Elements for affordable housing.

In January 2020, the Measure O Citizen Oversight Committee recommended that the funding allocated for the land acquisition in the Five Points Neighborhood for a park be removed. On February 18, 2020, the City Council took action to remove funding for the acquisition of land.

Purchase and Sale Agreement between OHA and the Successor Agency On November 17, 2020, the Successor Agency authorized its Executive Director to enter into an ENA by executing Agreement No. A-8247 with the OHA for the Properties to construct affordable housing.

On December 17, 2020, with the Department Of Finance’s approval, the Successor Agency entered into the ENA with the OHA to negotiate the terms of a PSA for the Properties.

On September 14, 2021, the Community Services, Public Safety, Housing & Development Committee recommended the approval of the PSA. On October 5, 2021, staff presented the Successor Agency and the Board of Commissioners of the OHA with a PSA between the Successor Agency and the OHA for the sale of the Properties located in the Meta area of Downtown Oxnard for affordable housing purposes (Attachment 1). The Successor Agency and the OHA both approved the PSA.

Staff recommends that the Successor Agency and OHA uphold their prior decision to enter into a PSA between the two agencies, ensuring the development of additional affordable housing units in the City.

If the action is upheld, the Housing Department and OHA staff will return to the City Council and the Housing Authority Board of Commissioners prior to the required December 29, 2022 deadline to satisfy all escrow conditions, as stated in the PSA, for authorization to execute a Grant Agreement between the City and the OHA, with the use of local or federal funds, to purchase the Properties.

Additional Successor Agency Properties (APNs 201-0-272-170, 201-0-272-200) As stated earlier, on October 5, 2021, staff provided incomplete and incorrect information regarding the Additional Properties properties that the Successor Agency owns (Attachment 2). The Successor Agency actually has two options:

1. Declare either or both of the parcels as “exempt surplus,” as defined earlier in this report which allows for “agency use” such as open space and recreational use; or

2. Declare either or both of the parcels as surplus and offer them through HCD to developers for development, with a priority for affordable housing.

These options have a variety of factors and different financial implications, which could be further explored at Committee should staff be directed to study these options further.

Oxnard Parks and Recreation Master Plan (2021)
The Oxnard Parks and Recreation Master Plan (Parks Master Plan) seeks to guide decision-making for the future development and management of the City’s parks, recreation facilities, beaches, and open spaces (Attachment 4).

The Parks Master Plan identifies Five Points as the City’s most significant gap in park acres per 1,000 residents, with less than one (1) acre per 1,000 residents. The Parks Master Plan states that the City “should consider acquiring some of the vacant lots in these areas to develop into parks, when and if resources become available” (page 54). In addition, the Parks Master Plan states, “as Oxnard has a difficult time managing its existing parks, the City should focus funding on improving what they already have. The City should build Campus Park and Sports Park, and finish College Park while continuing to plan small neighborhood parks for neighborhoods that lack park acreage” (page 140). Lastly, the Parks Master Plan states that “the City should consider privatized parks/open spaces as a way to supplement the amount of park space the City can maintain.” The privatization of park space is discussed further in the Downtown Code section of this report.
76 Concerns about developing a park in Five Points include the lack of continuous open space for recreational activities and the lack of financial and staff resources and staff in the Public Works Department Parks Division (Parks Division) to maintain the existing parks in the City.

Downtown Code
The City’s Downtown Code (Code), adopted in July 2019, which incorporates parts of three neighborhoods (Five Points, Wilson, and Hobson Park East), implements the City’s development and uses of individual lots and buildings in the Downtown area (Attachment 5). The Code is intended to create main street mixed-use areas serving urban neighborhoods of pedestrian-oriented streets with a variety of housing types. Notably, the Code lays the foundation for the creation and standards of public and private open spaces within its boundaries.

The Code establishes standards for both private open space (such as balconies and patios) and public open space. The public open space requirement was first incorporated into the Code in July 2019. This public open space requirement is designed to function as a comprehensive public open space system that supports various mixed-use places and is maintained by the developer.

Per the Code, all new development located on a site of at least 20,000 square feet within the Downtown area is required to provide on-site public open space as a condition of the development:

Required Public Space - Downtown Core, General, and Edge Zones Site Size Min Public Space to be Provided
20,000 sq ft to 2 acres min 7%
> 2 acres min 10%
Within the Five Points neighborhood of the Downtown area, pursuant to the 2019 Downtown Code, one new project (Aspire Apartments), will provide public open space, maintained by the private owner. This public open space is in addition to the private open space meant for the residents of the project.

The 88-unit Aspire Apartments project, located north of 6th Street on Meta Street, includes private and public open space. The second floor of the building includes a common area that will be landscaped and includes bench seating, tables, bike parking, and decorative hardscape. To the south of the building, the project will provide a 5,606 square-foot pocket park, in compliance with the Downtown code public open space requirement. The 5,606 square foot public pocket park is also on the July 28, 2022, Council agenda (Public Hearing item: "Successor Agency and Manay Mansions Purchase and Sale Agreement").

If the Successor Agency upholds their October 5, 2021 approval, the future affordable housing project for the Properties would also require public open space, maintained by the private property owner. Aspire Apartments and the subject Properties are within one block of each other.

Parks, Recreation, and Community Services Commission
On January 26, 2022, the PRCSC discussed the need for open space or recreational areas for residents in Five Points and identified the Additional Properties as potential future locations. The Parks Division has briefed the PRCSC on the existing challenges with maintaining the City's current inventory of parks. The PRCSC has understood the concerns but still recommended that staff continue to research options for the acquisition of property due to the limited availability of land in the Five Points area.

On May 25, 2022, the PRCSC approved a recommendation to the City Council to allocate sufficient Measure O, Measure E, or General Funds for the purchase and basic improvement of the Additional Properties to create recreational green 77 space in Five Points. The PRCSC desires to reserve Quimby funds for the development of a park.

Based on the Long Range Property Management Plan (LRPMP), the parcels are estimated to be valued at approximately $123,385 through a 2015 Broker Opinion of Value. Sufficient funding would be required to purchase these properties from the Successor Agency and the purchase would also require Ventura County Consolidated Oversight Board and Department of Finance approvals.

Additional Properties’ Characteristics
APN Parcel # (Attachment 3) Sq. Ft LRPMP Estimated Value 201-0-272-170 4 7,404 $111,060
201-0-272-200 5 2,465 $12,325
Quimby Funds
Quimby funds are funds paid by developers to cities in lieu of constructing new parks. Quimby funds cannot be used for the maintenance of a park. As of May 2022, there was approximately $1.25 million available in Quimby funds allocated to Five Points to fund park improvements or new park development. These funds were acquired through the Gateway Station development, a 240-unit residential development just south of Five Points. During the review and approval for that project, in April 2015, the City took a position to remove a 1.4-acre city park designation from the Five Points neighborhood and instead supported the development of privately owned and maintained open space.

Constructing a new park generally starts at approximately $1 million per acre and increases based on added amenities such as structures and restrooms, hardscapes, and lighting. Although, the cost for the actual construction and maintenance of a new park is subject to design and size.

FINANCIAL IMPACT
Regarding the OHA and Successor Agency recommendation to uphold their October 5, 2021, Recommendations 1 and 2(i):

As indicated in the October 5, 2021, staff report, the sale price for the Properties totaled $212,740. Per the redevelopment Dissolution Law, net proceeds from the sale of the properties would be transferred to the Ventura County AuditorController for distribution to the other taxing entities. The City’s General Fund, as a taxing entity, would potentially receive approximately $42,000, or an estimated 19.6% of any sales proceeds, in residual distribution from the County.

This amount would be deposited into General Fund Residual Distribution to the City (account no. 101-1001-511.70-09).

Housing Department and OHA staff would return to the City Council and the OHA Board of Commissioners prior to the required December 29, 2022, deadline to satisfy all escrow conditions, as stated in the PSA, for authorization to execute a Grant Agreement between the City and the OHA, with the use of local or federal funds, to purchase the Properties.

Regarding Recommendations 2(ii)(a) and 2(ii)(b) on October 5, 2021:

If the Successor Agency and OHA elected to not uphold their October 5, 2021, decision and instead proceed with recommendation 2(ii)(a) for the Properties, staff would come back before Committee with a Law declaration of exempt surplus land and PSA between the City and Successor Agency. The actual cost of the Properties cannot be determined at 78 this time; the value from a 2015 Broker Opinion of Value in the LRPMP is $212,740 (Attachment 6). Staff would also return with information on additional costs for the prospective design, construction, and maintenance of future open space on the Properties.

If the Successor Agency elected to not uphold their prior decision and instead proceed with recommendation 2(ii)(b) for the Properties, staff would come back before Committee with a Law declaration of surplus land, subject to affordable housing through HCD.

Regarding Recommendations 2(iii)(a) and 2(iii)(b) (Additional Properties):

If the Successor Agency elected to proceed with recommendation 2(iii)(a) for the Additional Properties, staff would come back before Committee with a Law declaration of exempt surplus land and PSA between the City and Successor Agency. The actual cost of the Additional Properties cannot be determined at this time; the value from a 2015 Broker Opinion of Value in the LRPMP is $123,385 (Attachment 6). Staff would also return with information on additional costs for the prospective design, construction, and maintenance of future open space on the Additional Properties.

If the Successor Agency elected to proceed with recommendation 2(iii)(b) for the Additional Properties, staff would come back before Committee with a Law declaration of surplus land, subject to affordable housing through HCD.

COMMITTEE OUTCOME
As mentioned previously in this report, the Community Services, Public Safety, Housing & Development Committee approved the PSA between the OHA and Successor Agency 3-0 on September 14, 2021, to approve the staff recommendation and to forward the item for Successor Agency and OHA approval. On October 5, 2021, staff received approval from the Successor Agency and OHA. Subsequently, this item did not return to Committee.

Prepared by: Ashley Golden, Assistant City Manager, Adam Smith, Project Manager

ATTACHMENTS

1. Agreement No. A-8372 - Purchase & Sale Agreement

2. Staff Report - October 5, 2021

3. Additional SA Properties Location

4. Oxnard Parks & Recreation Master Plan - Five Points

5. Downtown Code - Downtown General Zone

6. Long Range Property Management Plan - LRPMP

7. Presentation
79 REMAINING SUCCESSOR AGENCY PARCELS
Location of 7
remaining Successor
Agency Parcels
6th STREET

META STREET
7th STREET

OXNARD BOULEVARD
ALLEY
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3 4
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80 OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY RESOLUTION NO.

A RESOLUTION OF THE OXNARD COMMUNITY DEVELOPMENT

COMMISSION SUCCESSOR AGENCY DECLARING SUCCESSOR

AGENCY OWNED PROPERTY, AS DESCRIBED HEREIN TO BE

EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE
SECTION 54221(f)(1)(D) AND AUTHORIZING THE STAFF TO TAKE

RELATED ACTIONS
WHEREAS, Oxnard Community Development Commission Successor Agency (“Successor Agency”) owns two properties located at 6
th and Meta Street in Downtown
Oxnard (the “Properties”), APNs 201-0-272-170 and 201-0-272-200; and WHEREAS, the Properties were included in the Long Range Property Management Plan (“LRPMP”) approved by the California Department of Finance on December 31, 2015 in accordance with Chapter 9 (commencing with Section 34191.1) of Part 1.85 Division 24 of the California Health and Safety Code; and
WHEREAS, the Surplus Land Act (the “Act”) requires a local agency to either declare certain properties as “surplus land” or “exempt surplus land” before taking action to dispose of those properties; and
WHEREAS, Government Code Section 54221(f)(1)(D) of the Act defines “exempt surplus land”, in part, as surplus land that a local agency transfers to another local agency for that agency’s use; and
WHEREAS, Government Code Section 54221(d) of the Act defines “open-space purposes” as “the use of land for public recreation, enjoyment of scenic beauty, or conservation or use of natural resources”; and
WHEREAS, on July 28, 2022, the Successor Agency directed staff to declare the Properties as exempt surplus land, subject to the City of Oxnard’s (“City”) use for the purposes established in Government Code Section 54221(d), and to transfer ownership of the Properties to the City; and
WHEREAS, the Properties will be sold and transferred to the City for one dollar ($1) rather than for an amount identified in an appraisal or Broker Opinion of Value, as set forth in the LRPMP because the Properties will not be used by private owners for market use; and WHEREAS, the Successor Agency wishes to declare the Properties as “exempt surplus land” to ensure compliance with the Act.
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81 NOW, THEREFORE, the Successor Agency resolves as follows:

1. The foregoing recitals are adopted as true and correct.

2. The Successor Agency hereby declares that the Properties are “exempt surplus land” under the Act.

3. Specifically, the Properties described in Exhibit A, attached hereto and incorporated herein by this reference, are exempt surplus land under Government Code Section 54221(f)(1)(D) in that the Properties will be transferred to the City for the purposes established in Government Code Section 54221(d).

4. Staff is authorized to proceed with the steps necessary or appropriate to effectuate the purposes of this Resolution.

5. The Properties are not (i) within a coastal zone, (ii) adjacent to a historical unit of the State Parks System, (iii) listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places, or (iv) within the Lake Tahoe region as defined in Government Code Section 66905.5, and therefore the Successor Agency is not required to issue a Notice of Availability of the Properties for open space purposes pursuant to Government Code Section 54221(f)(2).

6. The actions described in this Resolution are not subject to California Environmental Quality Act ("CEQA") because they are activities that are excluded from the definition of a project by section 21065 of the Public Resources Code and section 15378(b) of the State CEQA Guidelines. This action declares the Properties exempt surplus land and directs staff to effectuate the purpose of this Resolution. This is administrative activity of government which will not result in direct or indirect physical changes to the environment. No commitment to any project is being made at this time. CEQA review requirements must be completed before any commitment to a project occurs and appropriate environmental review pursuant to CEQA will be completed at such time.

7. This Resolution shall take effect from and after the date of its passage and adoption. ///
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82 PASSED, APPROVED AND ADOPTED THIS DAY OF , 2022, BY
THE FOLLOWING VOTE:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: John C. Zaragoza, Chairman
Rose Chaparro, Secretary Designate
APPROVED AS TO FORM:

Stephen M. Fischer, General Counsel
83 EXHIBIT A
LEGAL

DESCRIPTION
APN 201-0-272-200
The east one-half of Lot Ten (10) in Block “D”, of the T.A. Rice Tract, as the same are designated and delineated upon that certain map entitled, “Rice Tract, map of subdivision of lands of T. A. Rice, part of Subdivision 31 of the Rancho El Rio de Santa Clara o’ La Colonia, Ventura County, California”, and filed in the office of the County Recorder of said Ventura county on the 14th day of February A.D. 1899. Said land having a 25 foot frontage on the Westerly line of Meta Street in said City of Oxnard, and having a depth of 75 feet, being the real property located 631 Meta St., Oxnard, California.

APN 201-0-272-170
Lots 2 and 3, Block “D”, according to the map entitled “Rice Tract, Map of Subdivision of lands of T. A. Rice”, in the City of Oxnard, County of Ventura, State of California, as per map recorded in the office of the County Recorder of said County of February 14, 1889, in book 1A, page 34 of Miscellaneous Records.
84 1
RECORDING REQUESTED BY:

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

WHEN RECORDED, MAIL TO AND SEND
TAX STATEMENTS TO:

City of Oxnard
Attn: Rose Chaparro, City Clerk
City Clerk’s Office
300 West Third Street, Fourth Floor
Oxnard, CA 93030
SPACE ABOVE THIS LINE FOR RECORDER’S USE
Parcel Number(s): 201-0-272-170 OFFICIAL BUSINESS
Document Entitled to Free Recording
Per California Government Code §27383
Exempt from Payment of Documentary Transfer Tax per California Revenue and Taxation Code Section 11922 (Governmental agency acquiring title)

GRANT DEED
FOR VALUABLE CONSIDERATION, including the payment of $1, receipt of which is hereby acknowledged, the OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY, a public body, corporate and politic, herein called the “Grantor”, acting to carry out the Long Range Property Management Plan (the “LRPMP”) approved by the California Department of Finance on December 31, 2015 in accordance with Chapter 9 (commencing with Section 34191.1) of Part 1.85 of Division 24 of the California Health and Safety Code, and for other public purposes, hereby grants to the CITY OF OXNARD, a municipal corporation, herein called the “Grantee”, the real property legally described in the Legal Description attached hereto as Exhibit A, incorporated herein by this reference (the “Property”), in accordance with and subject to the covenants, conditions and restrictions set forth in this Grant Deed (this “Grant Deed”).

Whenever the term “Grantee” is used in this Grant Deed, such term shall include any and all successors and assigns of the Grantee in and to the Property, or any interest therein or any portion thereof.

1. Conveyance in Accordance with LRPMP. The Property is conveyed in accordance with the LRPMP.
85 2

2. Nondiscrimination. The Grantee herein covenants by and for itself, its heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the Grantee itself or any person claiming under or through the Grantee, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land.

The Grantee shall refrain from restricting the rental, sale or lease of the Property on the basis of race, color, religion, sex, marital status, ancestry or national origin of any person. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses:
(a) In Deeds: “The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land.” (b) In Leases: “The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions:

That there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased.”
(c) In Contracts: “There shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1, 86 3
subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the land, nor shall the transferee itself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees of the land.”

3. Violations do not Impair Liens. No violation or breach of the covenants, conditions, restrictions, provisions or limitations contained in this Grant Deed shall defeat or render invalid or in any way impair the lien or charge of any mortgage or deed of trust or security interest made in good faith and for value as to the Property, whether or not said mortgage or deed of trust is subordinated to this Grant Deed; provided, however, that any subsequent owner of the Property, or any interest therein or any portion thereof, shall be bound by such remaining covenants, conditions, restrictions, limitations and provisions, whether such owner’s title was acquired by foreclosure, deed in lieu of foreclosure, trustee’s sale or otherwise.

4. Covenants Run with Land. All covenants contained in this Grant Deed shall be covenants running with the land. All of the Grantee’s obligations and covenants hereunder shall remain in effect in perpetuity.

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

6. Revisions to Grant Deed. Both the Grantor, its successors and assigns, and the Grantee and the Grantee’s successors and assigns in and to all or any part of the fee title to the Property shall have the right with the mutual consent of the Grantee and the Grantor to consent and agree to changes in, or to eliminate in whole or in part, any of the covenants, or restrictions contained in this Grant Deed without the consent of any tenant, lessee, easement holder, licensee, mortgagee, trustee, beneficiary under a deed of trust or any other person or entity having any interest less than a fee in the Property. The covenants contained in this Grant Deed, without regard to technical classification, shall not benefit or be enforceable by any owner of any other real property within or outside a Redevelopment Project Area, or any person or entity having any interest in any other such realty. No amendment to a Redevelopment Plan shall require the consent of the Grantee.

7. No Merger. None of the terms, covenants, agreements or conditions heretofore agreed upon in writing in other instruments between the parties to this Grant Deed with respect to 87 4
obligations to be performed, kept or observed by the Grantee or the Grantor in respect to the Property or any part thereof after the conveyance of said Property shall be deemed to be merged with this Grant Deed.

8. Administration. Whenever a reference is made in this Grant Deed to an action, finding, determination or approval to be undertaken by the Grantor, the Executive Director of the Grantor or designee is authorized to act on behalf of the Successor Agency unless specifically provided otherwise or the context should require otherwise. Notwithstanding the foregoing, the Executive Director of the Grantor may in his or her sole and absolute discretion refer any matter to the Successor Agency Board of Directors for action, direction or approval. [Signatures on Next Page]
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IN WITNESS WHEREOF, the Grantor and the Grantee have caused this instrument to be executed on their behalf by their respective officers hereunto duly authorized this ______ day of ________________, 202__.
“GRANTOR”

OXNARD COMMUNITY DEVELOPMENT

COMMISSION SUCCESSOR AGENCY,
a public body, corporate and politic
Dated: __________________ By: ________________________________ Name: ______________________________
Its: _________________________________
APPROVED AS TO FORM:

By: _______________________________
Kane, Ballmer & Berkman
Successor Agency Special Counsel
“GRANTEE”

CITY OF OXNARD,
a municipal corporation
Dated: __________________ By: ________________________________ Name: ______________________________
Its: _________________________________
APPROVED AS TO FORM:

By: _________________________________
Stephen M. Fischer
City Attorney

89 6
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

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

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

WITNESS my hand and official seal.

Signature _____________________________

90 7

EXHIBIT A

LEGAL DESCRIPTION
APN 201-0-272-170
Lots 2 and 3, Block “D”, according to the map entitled “Rice Tract, Map of Subdivision of lands of T. A. Rice”, in the City of Oxnard, County of Ventura, State of California, as per map recorded in the office of the County Recorder of said County of February 14, 1889, in book 1A, page 34 of Miscellaneous Records.
91 8

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Grant Deed dated ______________________, 202__, from the OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY, a public body, corporate and politic, to the CITY OF OXNARD, a municipal corporation, is hereby accepted by the undersigned officer on behalf of the City Council of the City of Oxnard pursuant to authority conferred by the City Council through Resolution No. ____ adopted on ______________________, 2022, and the Grantee consents to recordation thereof by its duly authorized officer.
“GRANTEE”

CITY OF OXNARD,
a municipal corporation
Dated: __________________ By: ________________________________ Name: ______________________________
Its: _________________________________
APPROVED AS TO FORM:

By: ________________________________
Stephen M. Fischer
City Attorney

92 9
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

WITNESS my hand and official seal.

Signature _____________________________
93 1
RECORDING REQUESTED BY:

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

WHEN RECORDED, MAIL TO AND SEND
TAX STATEMENTS TO:

City of Oxnard
Attn: Rose Chaparro, City Clerk
City Clerk’s Office
300 West Third Street, Fourth Floor
Oxnard, CA 93030
SPACE ABOVE THIS LINE FOR RECORDER’S USE
Parcel Number(s): 201-0-272-200 OFFICIAL BUSINESS
Document Entitled to Free Recording
Per California Government Code §27383
Exempt from Payment of Documentary Transfer Tax per California Revenue and Taxation Code Section 11922 (Governmental agency acquiring title)

1. Conveyance in Accordance with LRPMP. The Property is conveyed in accordance with the LRPMP.
94 2

That there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased.”
(c) In Contracts: “There shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1, 95 3
subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the land, nor shall the transferee itself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees of the land.”

7. No Merger. None of the terms, covenants, agreements or conditions heretofore agreed upon in writing in other instruments between the parties to this Grant Deed with respect to 96 4
obligations to be performed, kept or observed by the Grantee or the Grantor in respect to the Property or any part thereof after the conveyance of said Property shall be deemed to be merged with this Grant Deed.

8. Administration. Whenever a reference is made in this Grant Deed to an action, finding, determination or approval to be undertaken by the Grantor, the Executive Director of the Grantor or designee is authorized to act on behalf of the Successor Agency unless specifically provided otherwise or the context should require otherwise. Notwithstanding the foregoing, the Executive Director of the Grantor may in his or her sole and absolute discretion refer any matter to the Successor Agency Board of Directors for action, direction or approval. [Signatures on Next Page]
97 5
IN WITNESS WHEREOF, the Grantor and the Grantee have caused this instrument to be executed on their behalf by their respective officers hereunto duly authorized this ______ day of ________________, 202__.
“GRANTOR”

OXNARD COMMUNITY DEVELOPMENT

By: _______________________________
Kane, Ballmer & Berkman
Successor Agency Special Counsel
“GRANTEE”

CITY OF OXNARD,
a municipal corporation
Dated: __________________ By: ________________________________ Name: ______________________________
Its: _________________________________
APPROVED AS TO FORM:

By: _________________________________
Stephen M. Fischer
City Attorney

98 6
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

WITNESS my hand and official seal.

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

WITNESS my hand and official seal.

Signature _____________________________

99 7

EXHIBIT A

LEGAL DESCRIPTION
APN 201-0-272-200
The east one-half of Lot Ten (10) in Block “D”, of the T.A. Rice Tract, as the same are designated and delineated upon that certain map entitled, “Rice Tract, map of subdivision of lands of T. A.

Rice, part of Subdivision 31 of the Rancho El Rio de Santa Clara o’ La Colonia, Ventura County, California”, and filed in the office of the County Recorder of said Ventura county on the 14th day of February A.D. 1899. Said land having a 25 foot frontage on the Westerly line of Meta Street in said City of Oxnard, and having a depth of 75 feet, being the real property located 631 Meta St., Oxnard, California.

100
8 CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Grant Deed dated ______________________, 202__, from the OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY, a public body, corporate and politic, to the CITY OF OXNARD, a municipal corporation, is hereby accepted by the undersigned officer on behalf of the City Council of the City of Oxnard pursuant to authority conferred by the City Council through Resolution No. ____ adopted on ______________________, 2022, and the Grantee consents to recordation thereof by its duly authorized officer.
“GRANTEE”

CITY OF OXNARD,
a municipal corporation
Dated: __________________ By: ________________________________ Name: ______________________________
Its: _________________________________
APPROVED AS TO FORM:

By: ________________________________
Stephen M. Fischer
City Attorney

101
9 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

WITNESS my hand and official seal.

Signature _____________________________
102
FEBRUARY 2021

CITY OF OXNARD

PARKS & RECREATION

MASTER PLAN
103

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

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

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

OXNARD PARK AMENITIES PER POPULATION STATISTICS
54 104
OXNARD PARKS AND RECREATION MASTER PLAN N Oxnard Blvd
Ventura Fwy
S Oxnard Blvd
W Channel Islands Blvd
Harbor Blvd
Wooley Rd
N Ventura Rd
N Patterson Rd
N Rose AvePacific Coast Hwy
E Pleasant Valley Rd
W Gonzales Rd

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

Park Walkability in Miles
0’ to 100’
100’ to 500’
.5 to 1 mile
1 to 3 miles
500’ to .25 mile
.25 to .5 mile
3 to 5 miles
5+ miles
55 105
140 GOALS
Focus On Existing
Parks Before
Adding More
Oxnard has fewer parks than the
national average. However, when
considering the City’s position
between the coast, Ormond Beach,
and the Santa Clara River, there
are many opportunities for outdoor
recreation. The diagram in Chapter
3 (p. 24) supports this, showing that
the coverage of public parks (per
mileage radius) leaves service gaps
in areas that need more park space
even if you include the future Sports
Park and Campus Park. As Oxnard
has a difficult time managing its
existing parks, the City should focus
funding on improving what they
already have.

The beach could be a greater resource for the City if it were more accessible and programmed.

FOCUS ON OXNARD’S EXISTING PARKS AND OPEN SPACES
Incorporate diverse programming
into existing parks to attract more
people and take full advantage of
the current park acreage. Programs
include public agriculture,
community gardens, habitats, and
orchards.

The City should build Campus
Park and Sports Park, and finish
College Park while continuing to
plan small neighborhood parks
for neighborhoods that lack park
acreage. Both developments
will be a resource for the entire
community, prioritizing their needs
for funding and maintenance
resources.

The City should consider privatized
parks/open spaces as a way to
supplement the amount of park
space the City can maintain.
106
107
108
109
110
111
112
Adam Smith, Project Manager
Exempt Surplus Land Declaration -
Successor Agency Meta Street
Parcels
Community Services, Public Safety, Housing & Development Committee October 11, 2022
That the Community Services, Public Safety, Housing &
Development Committee recommends that the Oxnard
Community Development Commission Successor Agency:

1. Adopt a Resolution titled, “A Resolution Of The Oxnard Community Development Commission Successor Agency
Declaring Successor Agency Owned Property, As Described Herein, To Be Exempt Surplus Land Pursuant To Government Code Section 54221(F)(1)(D) and Authorizing The Staff To Take Related Actions”; and

2. Enter into two separate Grant Deeds with the City for the transfer of two parcels from the Successor Agency, located at 6th Street and Meta Street in Downtown Oxnard (APNs
201-0-272-170 and 201-0-272-200), to the City for
governmental use for one dollar ($1) each.

RECOMMENDATION 2
113
That the Community Services, Public Safety, Housing &
Development Committee recommends that the City Council:

RECOMMENDATION 3
• On July 28, 2022, the Oxnard Community Development
Commission Successor Agency (“Successor Agency”)
recommended the declaration of two Successor Agency-owned properties (APNs 201-0-272-170 and 201-0-272-200) located on 6th Street and Meta Street in Downtown Oxnard (the
“Additional Properties”) as “exempt surplus”
• This declaration allows for an “agency use,” such as open space and recreational use
BACKGROUND 4
114
THE ADDITIONAL PROPERTIES 5
6 th STREET

META STREET
7th STREET

OXNARD BOULEVARD
ALLEY
4 5
• Assembly Bill 1486 (the Act) requires a local agency to annually report on surplus land held by the local agency; the Act seeks to improve the process to provide notice of surplus land for affordable housing
• Requires that any land owned in fee simple not necessary for “agency use” be declared surplus prior to disposition of the land • Agency use = land that is used or planned to be used for the agency’s work or operations
• The Successor Agency is being asked to declare the Additional Properties exempt surplus land, which the City will use for open space purposes
SURPLUS LAND ACT 6
115
• At the July 28, 2022, Successor Agency meeting, staff advised that a declaration of exempt surplus land by resolution would be presented to the Committee
• While staff at that time indicated that the Successor Agency and City could enter into a purchase and sale agreement for the transfer and sale of the Additional Properties, the Successor Agency also has the authority to transfer ownership to the City through a Grant Deed
• Doing so would save Successor Agency and City staff
administrative time and costs associated with preparing a purchase and sale agreement, publishing hearing notices, conducting a hearing, and opening an escrow
GRANT DEED 7
• The transfer of the Additional Properties is for one dollar ($1) each
• The use of each parcel being contemplated as a governmental use public open space
GRANT DEED 8
116
• The Parks Master Plan seeks to
guide decision-making for the
future development and
management of the City’s parks,
recreation facilities, beaches,
and open spaces
• Identifies Five Points as the
City’s most significant gap in
park acres per 1,000 residents,
with less than one (1) acre per
1,000 residents
OXNARD PARKS AND RECREATION MASTER PLAN (2021) 9
• Plan states that the City
“should consider acquiring
some of the vacant lots in
these areas to develop into
parks, when and if resources
become available”
• Also states the City “has a
difficult time managing its
existing parks, the City should
focus funding on improving
what they already have”
OXNARD PARKS AND RECREATION MASTER PLAN (2021) 10
117
• Finally, the Parks Master Plan states that “the City should consider privatized parks/open spaces as a way to supplement the amount of park space the City can maintain”
• Concerns for developing a park in Five Points include the lack of continuous open space for recreational activities
• Lack of financial and staff resources and staff in the Public Works Department Parks Division to maintain the existing parks in the City
OXNARD PARKS AND RECREATION MASTER PLAN (2021) 11
• On January 26, 2022, the PRCSC
discussed the need for open
space or recreational areas for
residents in Five Points
• Identified the Additional
Properties as potential future
locations
PARKS, RECREATION, AND COMMUNITY SERVICES COMMISSION 12 6 th
STREET

META STREET
7th
STREET

OXNARD BOULEVARD
ALLEY
4 5
118
• PRCSC has understood Parks Division concerns on the challenges with maintaining City parks
• Still recommended that staff continue to research options for the acquisition of property due to the limited availability of land in the Five Points area
• On May 25, 2022, the PRCSC approved a recommendation to the City Council to allocate sufficient Measure O, Measure E, or General Funds for the purchase and basic improvement of the Additional Properties to create recreational green space in Five Points and reserve Quimby funds for the development of a park PARKS, RECREATION, AND COMMUNITY SERVICES COMMISSION 13 • Currently, the City’s Parks Division is responsible for maintaining thirty-eight General Fund parks, maintaining the Citywide street landscapes, landscapes for public facilities, City-owned undeveloped property, Oxnard Beach, and nearly 50,000 trees
• Staff has not been able to complete necessary capital improvements in the parks as a result of the financial cuts from previous fiscal years
• Issues include long-term deferred maintenance, delays in manufacturing and delivery of parts and equipment, competing priorities, and the inability to hire qualified staff
PARK MAINTENANCE CONCERNS 14
119
• Quimby funds are funds paid by developers to cities in lieu of constructing new parks
• Quimby funds cannot be used for the maintenance of a park but can be used for the acquisition and development of new parks or the improvements to existing ones
• As of September 2022, there was approximately $1.25 million available in Quimby funds allocated to Five Points
QUIMBY FUNDS 15
• With the recommended action, staff will forward the Exempt Surplus Land Act Declaration Resolution and Grant Deed for the Additional Properties to the Successor Agency and City Council for approval (tentatively November 1, 2022)
• Concurrently, per the guidelines established by the Act, staff will submit the resolution declaring the Additional Properties as “exempt surplus land” to California Dept. of Housing and Community Development (HCD) for approval
NEXT STEPS 16
120
• If these actions are not approved by any of the Ventura County Consolidated Oversight Board (VCCOB), California
Department of Finance (DOF), or HCD, then this project would effectively end
• The Successor Agency would have to declare the Additional Properties “surplus land” in accordance with the Act in order to dispose of them, likely subjecting them to affordable housing purposes
NEXT STEPS 17
• If the declaration of the sites as exempt surplus and the Grant Deed to transfer the ownership to the City are approved by the Successor Agency, City Council, VCCOB, DOF, and HCD, park ideas and potential recreational uses to serve the community will need to be explored
• Staff will return to the Committee with information on additional costs for the prospective design, construction, and maintenance of future open space on the Additional Properties • A landscape architectural firm will need to be contracted to develop biddable plans and specifications with an engineer's cost estimate for the park construction to be bid
NEXT STEPS 18
121
• Concept and final design will need to be brought before the City Council for final approval
• Due to the already approved parks projects through the CIP and ARPA, there is no timeline associated with these future actions NEXT STEPS 19
• With City Council and Successor Agency approval, the
Additional Properties will be sold and transferred to the City for one dollar ($1) each
• Per the redevelopment Dissolution Law, net proceeds from the sale of the Properties would be transferred to the Ventura County Auditor-Controller for distribution to the other taxing entities
FINANCIAL IMPACT 20
122
That the Community Services, Public Safety, Housing &
Development Committee recommends that the Oxnard
Community Development Commission Successor Agency:

1. Adopt a Resolution titled, “A Resolution Of The Oxnard Community Development Commission Successor Agency
Declaring Successor Agency Owned Property, As Described Herein, To Be Exempt Surplus Land Pursuant To Government Code Section 54221(F)(1)(D) and Authorizing The Staff To Take Related Actions”; and

2. Enter into two separate Grant Deeds with the City for the transfer of two parcels from the Successor Agency, located at 6th Street and Meta Street in Downtown Oxnard (APNs
201-0-272-170 and 201-0-272-200), to the City for
governmental use for one dollar ($1) each.

RECOMMENDATION 21
That the Community Services, Public Safety, Housing &
Development Committee recommends that the City Council:

RECOMMENDATION 22
123

THE END
23 124

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.7
DATE: November 1, 2022
TO: City Council
FROM: Shiri Klima, Deputy City Manager, (805) 385-7487, [email protected] SUBJECT: Professional Services Agreement A-8501 for Whistleblower Hotline Services.

RECOMMENDATION
That the City Council approve and authorize the execution of Agreement No. A-8501 with Syntrio, Inc. in the amount of $30,500.00 for a duration of five years to provide whistleblower hotline services.

BACKGROUND
On June 1, 2021, City Council approved a third amendment to extend a consulting services agreement (No. A-7986) with Price Page and Company for whistleblower hotline services. On June 6, 2022, City staff was notified by Price Page that, due to capacity constraints, it would not be able to continue with the existing contract to monitor the whistleblower program. A formal letter was submitted from Price Page to the Chair of the Finance and Governance Committee in accordance with the agreement under the provisions of contract termination.

DISCUSSION
On August 22, 2022, the City solicited a request for proposals (RFP) for whistleblower hotline consultant services. The City’s evaluation committee--which was comprised of Councilmember Gabe Teran, City Attorney Steve Fischer, and Deputy City Manager Shiri Klima -- selected Syntrio, Inc. and submitted a letter of intent award on September 19, 2022.

Syntrio is a global leader in governance, risk, compliance, and human resource solutions that helps more than 6,000 organizations improve workplace conditions. Syntrio solutions include a robust employee experience platform, reporting hotline and case management system, and more than 1,000 eLearning courses in Employment Law and Harassment, Ethics and Compliance, Diversity and Inclusion, Health and Safety, Business Skills and Cybersecurity. The whistleblower hotline services provided by Syntrio include:
 A dedicated North American toll-free number & all usage fees;  10 standard reporting categories;
 6 authorized reviewers within the City who will have access to review specific report categories such as fraud, theft, and harassment;
 An unlimited number of reports through multiple reporting channels (Web, Live Agent, Voicemail);  24/7/365 reviewer access to the ClearView Connects™ Case Management System to search for, sort, manage, and generate reports;
 Complete implementation of the organization’s profile into the ClearView system;  A virtual dialogue capability allowing complainants to anonymously provide responses to the reviewers’ questions and comments; and
 Reviewer training via webinar prior to the official Go Live date. 125
Syntrio will forward complaints related to HR or anything other than potential fraud, waste and abuse to the appropriate departments. All complaints related to potential fraud, waste and abuse will be sent directly to Vasquez, the City's internal auditor, who will filter the complaints in accordance with the City's Whistleblower Hotline Policy (Attachment 2). More specifically, Vasquez will do an initial review to assess if the matter lacks merit and relevance; if so, Vasquez will document and close the matter. Thereafter, Vasquez will review the complaint for priority according to the following definitions from the City's policy:

1. High Priority: Reasons why allegations may be considered high priority include a safety concern, losses to the City of Oxnard for more or equal to $75,000, criminal activity resulting in a loss of at least $400, high-level involvement, collusion of multiple wrongdoers, a major department-wide issue, or need for immediate action to stop a potential major issue.

2. Medium Priority: Allegations in this category could include a loss to the City of Oxnard for more or equal to $25,000, abuse of authority, medium to low-level employee involvement, minor department-wide issues, or patterns of small problems that could become serious in the aggregate.

3. Low Priority: Allegations in this category could include a loss to the City of less than $25,000, isolated instances of time abuse, wasteful practices that would lead to limited gains in efficiencies if corrected, or allegations that lack credibility and evidence. However, if the same or similar issues were reported multiple times, low priority items may become more of a priority.

The Internal Auditor will keep a running list, shared with the Chair of the Finance and Governance Committee, City Manager's office, and the City Attorney's office of the complaints as they are received and the priority of those complaints unless any one of those complaints implicated the Chair, City Manager's office or City Attorney's office (in which case the relevant individual or department would be omitted from learning of that complaint). The Internal Auditor would then immediately investigate all high priority complaints and discuss the prioritization of investigating medium and low priority complaints. Staff from the City Manager's or City Attorney's office will present a summary of the whistleblower complaints to the Committee at least every six months, and the Internal Auditor will present investigative findings with recommendations as they occur to the Committee and Council.

STRATEGIC PRIORITIES
This agenda item supports the Organizational Effectiveness strategy. The purpose of the Organizational Effectiveness strategy is to reinforce, stabilize, improve, and strengthen the organizational foundation of the City in order to build a modern, high-functioning City government that effectively and efficiently supports the operating departments in providing high-quality services and programs for our residents and businesses.

FINANCIAL IMPACT
There is funding in the General Fund Non-Departmental professional contract (Account 101-1001-801.-82-09) in Fiscal Year 2022-23 to cover the estimated costs for the remainder of the current fiscal year. Funding for future years' costs will be included in the respective budgets of each Fiscal Year (2023-24, 2024-25, 2025-26, and 2026-27).

Agreement Term
(Calendar Year)
2022 &
2023 2024 2025 2026 2027 TotalAgreement
Annual
Subscription Fee $6,000 $6,000 $6,000 $6,250 $6,250 $30,500

COMMITTEE OUTCOME
This item is scheduled to be presented to the Finance and Governance Committee on October 25, 2022. At the time of this City Council agenda's publication, the agreement had not been presented to the Committee. An update on the Committee's outcome will be provided during the November 1, 2022 City Council meeting.

Prepared by: Shiri Klima, Deputy City Manager
126

ATTACHMENTS

1. A-8501 Syntrio Agreement For Professional Services 10.25.22 Amended

2. Whistleblower Hotline Policy
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
Exhibit INS-A

INSURANCE REQUIREMENTS FOR CONSULTANTS
(WITH ERRORS AND OMISSIONS REQUIREMENT)

1. Consultant shall obtain and maintain during the performance of any services under this Agreement 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 Consultant, its agents, representatives, employees or subconsultants. a. Commercial General Liability Insurance, including Contractual 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 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 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. Professional liability/errors and omissions insurance appropriate to Consultant’s profession to a minimum coverage of $1,000,000, with neither Consultant nor listed subconsultants 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. 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.

2. Consultant 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-A. 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 commencement of services. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email (or fax if necessary) to the Risk Manager, addressed as follows (do not send hard copies):

City of Oxnard
Insurance Compliance
Reference No.

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

3. Consultant 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, 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 liability and business automobile liability insurance policies shall be endorsed to name City, its City Council, officers, employees, agents and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, 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 Council, officers, employees, agents and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-A 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 selfinsurance 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 reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

6. The insurer shall declare any deductibles or self-insured retentions to and be 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 Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
146
Exhibit INS-A

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7. All insurance standards applicable to Consultant shall also be applicable to Consultant's subconsultants. Consultant agrees to maintain appropriate agreements with subconsultants and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.
7/6/2022
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Exhibit INS-A

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INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS Certificates of Insurance
The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance.

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

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

Endorsement Forms
Original endorsements are required for commercial general liability and business automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference 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
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Exhibit INS-A

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

PRODUCER

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

CODE SUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE

INSURED COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANY

LETTER B

COVERAGES

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

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

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

CO
LTR

TYPE OF INSURANCE POLICY
NUMBER
POLICY

EFFECTIVE
DATE
(MM/DD/YY)
POLICY

EXPIRATION
DATE
(MM/DD/YY)
LIMITS

A GENERAL LIABILITY
[x] COMMERCIAL GENERAL
LIABILITY [ ] 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 OPERATIONS/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
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Exhibit INS-A

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

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

Insurance Company:

Policy No.:

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

GENERAL LIABILITY
 COMMERCIAL GENERAL LIABILITY
 COMPREHENSIVE GENERAL LIABILITY
 OWNERS & CONTRACTORS PROTECTIVE
 Claims Made
Retroactive Date
 Occurrence

OTHER PROVISIONS
COVERAGES LIABILITY LIMITS IN THOUSANDS $

EACHOCCURRENCE AGGREGATE
 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 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, 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 leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

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 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. Insurance Services Office Commercial General Liability 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 exclusions 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 hereon do so bind this company to this endorsement.

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

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Exhibit INS-A

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

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

Insurance Company:

Policy No.:

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

CITY AGREEMENTS/PERMITS

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

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

Name:

Address:

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

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

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

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

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

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

9. 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.

10. 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.

11. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as: a. Insurance Services Office Automobile Liability Coverage, “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, conditions, agreements or exclusions 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

Signature
(original signature required)
Telephone: ( ) Date Signed
Rev. 7/6/2022 INS-A.doc
151
EXHIBIT 1
City of Oxnard Whistleblower Hotline Policy

WHISTLEBLOWER PROTECTION
The City will take all appropriate steps to thoroughly evaluate any allegations of improper governmental action that are brought to its attention. No City official or employee shall take retaliatory action against any employee or member of the public who, based on a good faith belief, has made a complaint or allegation concerning improper governmental action. Any individual who files a complaint may elect to have their identity kept confidential to the extent permitted by law unless the employee waives confidentiality in writing. The City shall establish a Whistleblower Hotline in order to receive and investigate allegations of possible City Fraud, Waste, and Abuse. This policy reflects the City's ongoing commitment to support open, ethical, accountable, and transparent local government.

Purpose
It is the purpose of this policy to 1) encourage employees and members of the public to report information concerning any allegedly improper governmental action orsubsequent retaliation by the City's officers or employees by providing them protection against retaliation, and 2) reinforce the expected values and behaviors of City officials and employees because of their role as guardians of the public trust and resources.

Procedures
The following procedures aim to ensure accountability by creating a consistent and logical method for receiving and tracking allegations received through the Whistleblower Hotline. These procedures describe how the Internal Auditor and others involved in the reporting process will handle these allegations.

Additionally, the procedures lay out a risk-based approach for using the Internal Auditor's limited resources to investigate the allegations that could place the City of Oxnard at the greatest risk.

Receiving Allegations
City staff or members of the public may submit allegations by either calling the Whistleblower Hotline's toll-free number, 1-***-***-****, or by completing the online form located at https://www.**********. In addition, individuals may also submit allegations directly to the Internal Auditor. Any individual who
files a complaint may elect to have their identity kept confidential. The individual's identity will be kept confidential to the extent permitted by law unless the individual waives confidentiality in writing.

Information can be submitted in person, over the phone, by voicemail, by e-mail, or by mail. The following provides the general procedure for receiving allegations.

In-Person or Phoned-In A/legations
Persons responsible for intake of allegations should adhere to the following procedures:

1. Ask about the subject of the allegation to ensure that the complainant is reporting to the correct entity. Determine if the allegation is about a City Department, Employee, Vendor, or Contractor; or if the complaint would fall under another jurisdiction. • If the allegation is not related to City government (for example, it is about a State or County 152
Employee), refer the complainant to other relevant reporting options. See Reporting Options table. Enter the information in the Intake Log with a note about which entity the complainant was referred to.

2. If the allegation is about a City Department, Employee, Vendor, or Contractor, start a conversation with the complainant about the allegation.

3. After obtaining a basic understanding of the allegation, if the complainant had not already provided his or her name, ask for their name and contact information. Discuss the complainant's preference about remaining anonymous. Note this information on the Intake Form. Persons receiving allegations may enter notes on paper or directly into the electronic form.

4. After gathering this information, continue the conversation about the allegation. Ask the questions from the Intake Form, if appropriate. However, use your discretion to ask additional questions. The form's questions are meant to be used as a tool to aid the conversation and to solicit possible additional evidence.

5. After completing the conversation, enter/review Intake Form notes and save the file on the Investigations database.

6. Log the allegation information on the Intake Log.

7. Discuss the allegation with appropriate Internal Auditor Staff. Depending on the severity of the allegations, this discussion might need to occur immediately. See Allegations section below. For less serious allegations, discussions of many allegations may take place during periodic whistleblower hotline meetings.

Voicemail Allegations
I. Listen to the voicemail.

2. Log the allegation information on the Intake Log.

3. Complete the Intake Form.

4. If necessary and contact information is available, seek additional information by using any contact information that the complainant provided.

5. If contact is made, update the Intake Form to reflect additional information.

6. Discuss the allegation with appropriate Internal Auditor Staff. Depending on the severity of the allegations, this discussion might need to occur immediately. See Allegations section below. For less serious allegations, discussions of many allegations may take place during periodic whistleblower hotline meetings.

E-mailed or Mailed-In Allegations
I. Read the e-mail or letter.

2. Log the allegation information on the Intake Log.

3. Complete the Intake Form.

4. If necessary and contact information is available, seek additional information by using any contact information that the complainant provided.

5. If contact is made, update the Intake Form to reflect additional information.

Screening for Merit and Relevance
The Whistleblower Hotline is open to the public at large. As such, it welcomes an expansive range of complaints. Therefore, it is important to consider, during the interview process, how the allegation may 153
relate to waste, fraud, or abuse by the City or its Employees. To do this, intake staff should think broadly about how the provided statements could tie into a related matter. Allegations, from a cursory review, could appear to lack in merit or relevance due to a myriad of reasons. However, upon a thorough and professional evaluation, they may point to an issue that puts the City at risk, which merits further investigation. However, cases that lack merit and relevance, as determined by insubstantial statements, should be documented and closed as 'Dismissed: Does Not Appear to Have Merit' in the Whistleblower Intake Log in order to preserve Internal Auditor resources. Taking these necessary steps protects the integrity of the Whistleblower Hotline and efficiently preserves public resources for matters that have merit and relevance.

Allegations
The Intake Log and Intake Form requires Internal Auditor staff conducting the intake to rate the priority of the complaint using "low," "medium," and "high." This method is to help the Internal Auditor prioritize its investigations by targeting overall risk to the City of Oxnard. Any allegations that are rated "medium" or "high" should be presented to the City's Internal Auditor or relevant Internal Auditor staff as soon as practicable. Those rated "low" can be discussed during periodic hotline discussions. The following provides guidance about rating allegations:

High Priority
Reasons why allegations may be considered high priority include a safety concern, losses to the City of Oxnard for more or equal to $75,000, criminal activity resulting in a loss of at least $400, high-level involvement, collusion of multiple wrongdoers, a major department-wide issue, or need for immediate action to stop a potential major issue. High-priority items should be discussed immediately. In addition, addressing these items could take priority over other investigations and audits - at the Internal Auditor's discretion.

Medium Priority
Allegations in this category could include a loss to the City of Oxnard for more or equal to $25,000, abuse of authority, medium to low-level employee involvement, minor department-wide issues, or patterns of small problems that could become serious in the aggregate.

Low Priority
Allegations in this category could include a loss to the City of less than $25,000, isolated instances of time abuse, wasteful practices that would lead to limited gains in efficiencies if corrected, or allegations that lack credibility and evidence. The Internal Auditor would aim to investigate items in this list, but may not do so because of limited resources or if the complaint is insubstantial due to a lack of sufficient information to warrant an investigation. However, if the same or similar issues were reported multiple times, low priority items may become more of a priority.

Allegations Covered By the Internal Auditor
The hotline is designed to promote good government by providing City employees and members of the public with a way to report allegations of fraud, waste, and abuse.

In 2009, State Law went into effect that enabled local government auditors to establish whistleblower hotlines and to provide whistleblower protections. Local auditors are authorized under California 154
Government Code Section 53087.6 to create whistleblower hotlines with the approval of their respective legislative bodies.

The California Government Code defines "fraud, waste, or abuse" in this context as an activity by a local government or employee "that is in violation of any local, state, or federal law or regulation relating to corruption, malfeasance, bribery, theft of government property, fraudulent claims, fraud, coercion, conversion, malicious prosecution, misuse of government property, or willful omission to perform duty, is economically wasteful, or involves gross misconduct."
The following further defines fraud, waste, and abuse:

Fraud-- The Association of Certified Fraud Examiners defines occupational fraud as ''the use of one's occupation for personal enrichment through the deliberate misuse or misapplication of the employing organization's resources or assets."
Some examples of possible fraud include theft of City funds or property, accepting or soliciting a bribe or kickback, falsifying payroll information, falsifying financial records to hide theft, submitting a false voucher, or using city property for non-City business.

Waste - Waste can be intentional or unintentional and can involve unnecessary or extravagant City expenditures or misuse of City resources.

Abuse - This is the use of an employee's position in the City to obtain personal gain for that employee or for someone else like a family member or friend.

The above definitions are meant to provide guidance, and are not meant to cover all types of allegations that will be investigated.

Additional Definitions
Employee means anyone employed by the City, whether in a permanent or temporary position, including full-time, part-time and intermittent workers. It also includes volunteers and members of appointed boards or commissions, whether or not paid.

Good faith belief means an honest and reasonable belief based on personal knowledge.

Improper governmental action means any activity by a local agency or employee that is undertaken in the performance of the employee's official duties, including activities deemed to be outside the scope of his or her employment, that is in violation of any local, state, or federal law or regulation relating to corruption, malfeasance, bribery, theft of government property, fraudulent claims, fraud, coercion, conversion, malicious prosecution, misuse of government property, or willful omission to perform duty, is economically wasteful, or involves gross misconduct.

Retaliatory action means any adverse change in an employee's employment status or the terms and conditions of employment resulting from an employee's complaint or allegation ofan improper governmental action based on good faith belief.
155
Allegations Covered by Other City Offices
Some allegations are more appropriately investigated by other City Departments. The intent of establishing a whistleblower hotline is not to replace or limit other reporting options. Specifically, many Human Resources related issues should still be reported to the appropriate Human Resources staff. For example, labor grievances, discrimination allegations, and workers' compensation claims should be reported under the City's current procedures. Also, some callers may want to report legal issues to the City Attorney's Office, or code enforcement issues to the Development Services Department. As appropriate, the Internal Auditor will refer reporters to other City departments. However, it may also be appropriate for Internal Auditor staff to gather initial information in these areas to better understand the issues involved.

Internal Referrals Reporting Options:

Human Resources Department for workers' compensation information, union grievance procedures, and environmental health and safety programs like OSHA and DOT compliance:
805-385-7590
http://hr.cityofoxnard.org/l1
Financial Resources - Risk Management for liability claims:
805-385-7475
http://finance.cityofoxnard.org/8/
City Attorney:
805-385-7483
http://cityattorney.cityofoxnard.org/l
Code Compliance Division for neighborhood code, housing and dangerous buildings, business compliance, landscape requirements, rental house standards, and anti-graffiti:
805-385-7940
http://developmentservices.cityofoxnard.org/Uploads/code/ Police for non-emergencies:
805-385-7600
https://www.oxnardpd.org/
156
Reporting Options for Allegations Covered by Non-City Agencies Jurisdiction
County of Ventura
Organization
County AuditorController
Reporting
Audit Fraud Hotline
Methods
805-644-6019
State of California
Consumer Complaints
Against a Business
Bureau of State Audits
California Office of the
Attorney General
Audit Fraud Hotline/ County of Ventura/
800 South Victoria/
Ventura, CA 93009-1540
Whistleblower Hotline 800-952-5665
Investigations/
Bureau of State Audits/
555 Capitol Mall, Suite 300/
Oxnard, CA 95814
http://www.bsa.ca.gov/hotline/filecomp
Comment/ Complaint https://oag.ca.gov/contact/
Form consumer-complaintagainst-business-orcompany
Consumer Complaints
Against a Business
California Attorneys
Better Business Bureau Complaints https://www.bbb.org/cons umer-complaints/file-acomplaint/get-started
State Bar of California Complaints 800-843-9053
http://www.calbar.ca.gov/Attorneys/LawyerRegulation/FilingaComplaint.aspx California Judges Commission on Judicial
Performance
Complaints 415-557-1200
http://cjp.ca.gov/file_a_complaint.htm
157
Special Circumstances
I. The Internal Auditor may receive allegations about elected officials. As the Internal Auditor does not generally have the authority to audit the City Council without their request to be audited, allegations involving these officials shall be discussed with the Internal Auditor immediately. The Internal Auditor and other City officials, if necessary, will discuss how to evaluate these types of allegations.

2. Additionally, allegations may be received about members of the Internal Auditor's staff. If such allegations occur, those receiving the allegations should report them to the Internal Auditor immediately. The Internal Auditor and any other Internal Auditor staff who become aware of the complaint will evaluate the allegation, possibly with the advice of other City staff and officials, to determine if an investigation shall be conducted by the City or by an outside entity. The Internal Auditor's staff is expected to keep the allegation confidential and not inform the individual who is the subject of the allegation. If the complaint is about the designated Internal Auditor, the individual receiving the allegation should discuss it with another staff member and possibly seek guidance from City staff or officials to determine how to proceed.

Periodic Reporting
The Internal Auditor shall, at least every six months, report to the City Council on the allegations received through the Whistleblower Hotline, including the priority assigned and the status or disposition of each reported allegation.

Contact Information for the Internal Auditor Appointed by the Oxnard City Council:

To be determined within three weeks of contract approval by the City Council. 158

CITY COUNCIL AGENDA REPORT

PUBLIC HEARINGS
AGENDA ITEM NO. K.1
DATE: November 1, 2022
TO: City Council
FROM: Ashley Golden, Assistant City Manager, (805) 385-7478, [email protected] SUBJECT: Ordinance Regarding Building Regulations. (15 minutes)

RECOMMENDATION
That City Council approve the first reading by title only and subsequent adoption of an ordinance repealing and reenacting Articles II through XII, XV, and XVI of Chapter 14 of the Oxnard City Code, pertaining to the California Building Code, California Residential Code, California Green Building Standards Code, International Property Maintenance Code, Uniform Code for the Abatement of Dangerous Buildings, California Historical Building Code, California Electrical Code, California Existing Buildings Code, California Mechanical Code, California Referenced Standards Code, California Plumbing Code, California Energy Code, Fire Codes, and Fire Sprinklers. (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/UTXsjAnHwVg

BACKGROUND
The State of California periodically updates the fire and life safety standards contained in the state’s California Building Standards Code. These codes are based on model codes which act as national standards published by model code organizations made up of building officials, design professionals, academic bodies, construction related industries, contractors, and other construction related individuals. The publishers of these codes are mainly the International Code Council, National Fire Protection Agency, and the International Association of Plumbing and Mechanical Officials. State Agencies modify these model codes to address some of the challenges that California faces along with compliance to State laws, such as accessibility and other safety standards that the state has adopted over the years. The codes are completely replaced every three years. The 2022 codes were published July 1 and take effect January 1, 2023. This code adoption ordinance also adopts the International Property Maintenance Code and the Uniform Code for the Abatement of Dangerous Buildings, which are not California Codes, but serve as a valuable reference standard in property maintenance and abatement efforts by the Code Enforcement Division of Community Development.

A city may make modifications to the codes adopted by the State, when local conditions require special attention. This action adopts changes to the standards and customizes the codes to the specific challenges that Oxnard may face. When this occurs, the City Council is required to make express findings of the necessity for the changes due to local climatic, geographical, or topographical conditions. Based on the location of the City of Oxnard, modifications to the codes adopted by the state are necessary. The findings of necessity are included within the body of the ordinance and are further set forth in Exhibit A to the ordinance, entitled “Index and Summary to the California Codes and Amendments.” Local changes for climatic, geographical, or topographical conditions include, but are not limited to special requirements noted below. Topographic conditions dictate provisions to reduce the chance of flooding due to slow water runoff caused by the relatively flat topography in the city of Oxnard. Geological conditions dictate provisions for earthquakes due to 159
the proximity of faults, the type of soils found under Oxnard, and the level of groundwater. Climatic conditions dictate special roof construction, and other provisions for high moisture content of the air adjoining the ocean. Most of these changes are based on recommendations from local and regional building code official associations, as well as from experienced Oxnard Community Development staff. The majority of these changes have been adopted by Council many times over the years and are similar to changes made by many jurisdictions in southern California. Local administrative changes are made to accommodate local permit processing to better serve the City’s customers.

This recommended action will adopt these updated codes by reference in the building and fire code ordinances to maintain consistency and uniformity in enforcement. The adoption of these codes is categorically exempt under the California Environmental Quality Act.

STRATEGIC PRIORITIES
This agenda item is a routine operational item and as such does not relate to the City Council strategic priorities.

FINANCIAL IMPACT
The cost of administering the codes that govern construction is recovered by fees. Costs associated with enforcement of these codes by administrative hearing and recourse to the courts is funded within Code Compliance and the City Attorney’s Office.

COMMITTEE OUTCOME
This item did not originate in Committee as it is a routine operational item.

Prepared by: Jeff Pengilley, Assistant Community Development Director

ATTACHMENTS

1. 2022 California Building Code Ordinance_FINAL

2. Exhibit A_Ord index-summary 2022_Final

3. Presentation Placeholder (see link in Item Timeline for slides). 160

CITY COUNCIL OF THE CITY OF OXNARD
ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD

REPEALING AND REENACTING ARTICLES II THROUGH XII, XV, AND XVI OF CHAPTER 14 OF THE OXNARD CITY CODE, PERTAINING TO

THE CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE,

CALIFORNIA GREEN BUILDING STANDARDS CODE, INTERNATIONAL

PROPERTY MAINTENANCE CODE, UNIFORM CODE FOR THE

ABATEMENT OF DANGEROUS BUILDINGS, CALIFORNIA HISTORICAL

BUILDING CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA

EXISTING BUILDINGS CODE, CALIFORNIA MECHANICAL CODE,

CALIFORNIA REFERENCED STANDARDS CODE, CALIFORNIA

PLUMBING CODE, CALIFORNIA ENERGY CODE, FIRE CODES, FIRE SPRINKLERS.

The City Council of the City of Oxnard does ordain as follows:

PART 1. Articles II through XII, XV, and XVI of Chapter 14 of the Oxnard City Code are hereby repealed and reenacted.

PART 2. The following acronyms are used in this ordinance to clarify the sections of the City Code being added or amended.

ACI-318 American Concrete Institute – Building Code Requirements for Structural Concrete, 2019 Edition.

ANSI American National Standards Institute
ASCE-7 American Society of Civil Engineers – Minimum Design Loads for Buildings and Other Structures, 2016 Edition.

AWC
SDPWS
American Wood Council – Special Design Provisions for
Wind and Seismic, 2021 Edition.

CAC California Administrative Code [Title 24, Part 1 of the California Code of Regulations (C.C.R.)]
CBC California Building Code [Title 24, Part 2 of the California Code of Regulations (C.C.R.)]
CBSC California Building Standards Commission
CEBC California Existing Building Code [Title 24, Part 10 of the California Code of Regulations (C.C.R.)]
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CEC California Electrical Code [Title 24, Part 3 of the California Code of Regulations (C.C.R.)]
CALGreen California Green Building Standards Code [Title 24, Part 11 of the California Code of Regulations (C.C.R.)]
CFC California Fire Code [Title 24, Part 9 of the California Code of Regulations (C.C.R.)]
CHBC California Historical Building Code [Title 24, Part 8 of the California Code of Regulations (C.C.R.)]
CMC California Mechanical Code [Title 24, Part 4 of the California Code of Regulations (C.C.R.)]
CPC California Plumbing Code [Title 24, Part 5 of the California Code of Regulations (C.C.R.)]
CRC California Residential Code [Title 24, Part 2.5 of the California Code of Regulations (C.C.R.)]
Energy
Code
California Energy Code [Title 24, Part 6 of the California Code of Regulations (C.C.R.)]
IAPMO International Association of Plumbing and Mechanical Officials
NEC National Electrical Code
OCC Oxnard City Code
PART 3. Article II – California Building Code, Article III California Residential Code, Article IV – California Green Building Standards Code, Article V – Property Maintenance and Abatement Codes, Article VI – California Historical Building Code, Article VII - California Electrical Code, Article VIII – California Existing Buildings Code, Article IX - California Mechanical Code, Article X – California Referenced Standards Code, Article XI - California Plumbing Code, Article XII – California Energy Code, Article XV – Fire Codes, Article XVI – Fire Sprinklers, are added to Chapter 14 of the Oxnard City Code to read as follows:
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ARTICLE II. CALIFORNIA BUILDING CODE
SEC. 14-2. CALIFORNIA BUILDING CODE ADOPTED.

The second part of twelve parts of the California Code of Regulations, Title 24, known as the California Building Code (“CBC”), 2022 Edition, including Appendices C, H, and J, as published by the Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento CA 95833-2936, is hereby adopted by reference, subject to the amendments, additions, and deletions hereinafter set forth. One true copy of this code is on file in the office of the City Clerk and is available for public inspection as required by law.

SEC. 14-3. AMENDMENTS TO THE CBC.
(A) Chapter 1 Division II, Section [A]101.4.4: Amend Section [A]101.4.4 to read as follows:
[A]101.4.4. Property Maintenance. The provisions of the Oxnard City Code shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibility of owners, operators and occupants; and occupancy of existing premises and structures. (B) Chapter 1 Division II, Section [A]103.1: Amend Section [A]103.1 to read as follows:
[A]103.1. Creation of enforcement agency. The Building and Engineering Division of the Community Development Department is hereby created and the official in charge thereof shall be known as the building official.
(C) Chapter 1 Division II, Section [A]105.2: Amend Section [A]105.2, items 2 and 4, to read as follows:

Building:

2. Fences not over 6 feet high and concrete or masonry walls not over 3’-6” high as measured from the lowest finished grade to the top of the wall.

4. Retaining walls that are not over 3 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II, or II-A liquids.
(D) Chapter 1 Division II, Section [A]105.3.2: Amend Section [A]105.3.2, to read as follows:
[A]105.3.2. Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for 3 163
additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
(E) Chapter 1 Division II, Section [A]107.1: Amend Section [A]107.1, to read as follows:
[A]107.1. General. Plans, specifications, engineering calculations, diagrams, soil investigation reports, special inspection and structural observation programs and other data shall constitute the submittal documents and shall be submitted in one or more sets with each application for a permit. When such plans are not prepared by an architect or engineer, the Building Official may require the applicant submitting such plans or other data to demonstrate that state law does not require that the plans be prepared by a licensed architect or engineer. The Building Official may require plans, computations and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such even if not required by state law.

EXCEPTION: The Building Official may waive the submission of plans, calculations, construction inspection requirements and other data if it is found that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this Code.

Computations, diagrams, schedules, soil reports, geological or geotechnical reports, hazardous material reports and other data sufficient to show the correctness and adequacy of the plans shall be submitted when required by the Building Official. (F) Chapter 1 Division II, Section [A]109.2: Amend Section [A]109.2, to read as follows:
[A]109.2. Schedule of permit fees. On building, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be as set forth in the fee schedule adopted by resolution or ordinance of the City Council, in accordance with the most current policies and procedures as described in the Fees Charged to Developers document approved by the Community Development Director. (G) Chapter 1 Division II, Section [A]110.3.12: Add Section [A]110.3.12.3 to read as follows:
[A]110.3.12.3. OSHPD 3 Inspection. For clinics and facilities covered by Office of Statewide Health Planning and development (OSHPD 3) requirements and requiring certification of the construction meeting OSHPD 3 requirements, prior to a final inspection by the building inspector, the owner shall employ an OSHPD certified inspector to conduct an inspection of all applicable OSHPD 3 requirements and prepare a report stating that the construction fully complies to all of California’s OSHPD 3 requirements. The report shall be submitted to the building inspector for their review and approval prior to scheduling a final inspection for the facility. 4 164
(H) Section 903.2: Amend Section 903.2 to read as follows:
903.2. Where required. Approved automatic fire sprinkler systems shall be installed in all structures, occupancies, and locations as set forth in this section. For the purposes of this section, fire walls, fire barriers, and fire partitions shall not be considered as creating separate buildings.
(I) Section 1403.1: Amend Section 1403.1 to read as follows:
1403.1. General. The provisions of this section shall apply to exterior walls, wall coverings and components thereof. Additionally, balconies, landings, exterior stairways, occupied roofs and similar surfaces exposed to the weather and sealed underneath shall be waterproofed and sloped a minimum 1/4 unit vertical in 12 units horizontal (2% slope) for drainage. The weather-exposed areas with ceilings or horizontal projections not required to be sealed for fire resistive construction shall be provided with ventilation devices so as to provide adequate air movement to dry out any moisture infiltrating within the horizontal areas. Details and notes on ventilation devices shall be provided in the submittal drawings.
(J) Section 1505.1: Amend the first paragraph of Section 1505.1 to read as follows:
1505.1. General. The roof covering on any structure regulated by this code shall be a Class A or B roof covering. The roof covering assembly includes the roof deck, underlayment, interlayment, insulation, and covering which is assigned a roof covering classification. Roof coverings required to be listed by this section shall be tested in accordance with ASTM E 108 or UL 790. In addition, fire-retardant-treated wood roof coverings shall be tested in accordance with ASTM D 2928. (K) Section 1507.3.1: Amend Section 1507.3.1 to read as follows:
1507.3.1. Deck Requirements. Concrete and clay tile shall be installed only over solid sheathing.
(L) Section 1511.1: Amend the first paragraph of Section 1511.1 to read as follows:
1511.1. General. All reroofing shall be constructed with Class A or B roofing and shall conform to the applicable provisions of Chapter 15 of this Code, or as approved by the building official.
(M) Section 1613.5: Add Section 1613.5 to read as follows:
1613.5. Amendments to ASCE 7. The provisions of Section 1613.5 shall be permitted as an amendment to the relevant provisions of ASCE-7.
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(N) Section 1613.5.1: Add Section 1613.5.1 to read as follows:
1613.5.1. Modification to ASCE 7 Section 12.2.3.1 Exception 3. ASCE 7 Section

12.2.3.1, Exception 3 is modified to read as follows:

3. Detached one-and two-family dwellings up to two stories in height of light frame construction.
(O) Section 1613.5.2: Add Section 1613.5.2 to read as follows:
1613.5.2 Modification to ASCE 7 Section 12.11.2.2.3. ASCE 7 Section 12.11.2.2.3 is modified to read as follows:

12.11.2.2.3. Wood Diaphragms. The anchorage of concrete or masonry structural walls to wood diaphragms shall be in accordance with AWC SDPWS 4.1.5.1 and this section. Continuous ties required by this section shall be in addition to the diaphragm sheathing. Anchorage shall not be accomplished by use of toe nails or nails subject to withdrawal, nor shall wood ledgers or framing be used in cross-grain bending or cross-grain tension. The diaphragm sheathing shall not be considered effective as providing ties or struts required by this section.

For wood diaphragms supporting concrete or masonry walls, wood diaphragms shall comply with the following:

1. The spacing of continuous ties shall not exceed 40 feet. Added chords of diaphragms may be used to form sub-diaphragms to transmit the anchorage forces to the main continuous crossties.

2. The maximum diaphragm shear used to determine the depth of the sub-diaphragm shall not exceed 75% of the maximum diaphragm shear.
(P) Section 1613.5.3: Add Section 1615.3 to read as follows:
1615.3. Modification to ASCE 7 Section 12.12.3. ASCE 7 Section 12.12.3, Equation

12.12-1 is modified to read as follows:
δM = Cdδmax (Eq. 12-12.1)
(Q) Section 1704.6: Amend Section 1704.6 to read as follows:
1704.6. Structural Observations. Where required by the provisions of Section 1704.6.1 or 1704.6.2, or 1704.6.3, the owner shall employ a structural observer to perform structural observations. Structural observation does not include or waive the responsibility for the inspections in Section 110 or the special inspections in Section 1705 6 166
or other sections of this code. The structural observer shall be one of the following individuals:

1. The registered design professional responsible for the structural design, or

2. A registered design professional designated by the registered design professional responsible for the structural design.

The registered design professional responsible for the structural design shall submit to the building official a written statement identifying the frequency and extent of structural observations. This written statement shall be made part of the construction documents prior to permit issuance.

At the conclusion of the work included in the permit, the structural observer shall submit a final report which states that all observed deficiencies have been resolved, prior to acceptance of the work by the building official.
(R) Section 1705.3: Amend Section 1705.3 to read as follows:
1705.3. Concrete Construction. The special inspections and verifications for concrete construction shall be as required by this section and Table 1705.3.

EXCEPTIONS: Special inspection and test shall not be required for:

1. Isolated spread concrete footings of buildings three stories or less in height that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength, f’c, no greater than 2,500 pounds per square inch (psi) (17.2 Mpa).

2. Continuous concrete footings supporting walls of buildings three stories or less in height that are fully supported on earth or rock where:

2.1. The footings support walls of light-frame construction;

2.2. The footings are designed in accordance with Table 1809.7, or

2.3. The structural design of the footing is based on a specified compressive strength, f’c, no greater than 2,500 pounds per square inch (psi) (17.2 Mpa), regardless of the compressive strength specified in the construction documents or used in the footing construction.

3. Nonstructural concrete slabs supported directly on the ground, including concrete patios, driveways and sidewalks
(S) Section 1705.13.2: Amend Section 1705.13.2, Exception, to read as follows:

Exception: Special inspections are not required for wood shear walls, shear panels and diaphragms, including nailing, bolting, anchoring and other fastening to other elements of the seismic-force-resisting system, where either (1) the fastener spacing of the sheathing 7 167
is more than 4 inches (102mm) on center (o.c.), or (2) the tabular values for allowable shear design values are reduced to seventy-five percent (75%). (T) Section 1803.2: Amend the first paragraph of Section 1803.2 to read as follows:
1803.2. Investigations required. Geotechnical investigations shall be conducted in accordance with Sections 1803.3 through 1803.5. Whenever unusual soil conditions are found which justify a special site investigation to determine soil stability or questionable adequacy of the overall building site, the building official may require that the owner obtain a special geological, hydrological, soil gas profile, soil chemical analysis, soils contamination, or other report as may be deemed appropriate. The investigation shall be conducted by trained and experienced professionals licensed by the State of California to prepare such evaluations, recommendations, and reports. (U) Section 1804.4: Amend Section 1804.4 to read as follows:
1804.4. Site Grading. The ground immediately adjacent to the foundation shall be sloped away from the building at a slope of not less than one unit vertical in 50 units horizontal (2-percent) for a minimum distance of 10 feet (3048 mm) measured perpendicular to the face of the wall. If physical obstructions or lot lines prohibit 10 feet (3048 mm) of horizontal distance, a 2-percent slope shall be provided to an approved alternative method of diverting water away from the foundation. Swales used for this purpose shall be sloped not less than 2 percent where located within 10 feet (3048mm) of the building foundation. Impervious surfaces within 10 feet (3048 mm) of the building foundation shall be sloped not less than 2 percent away from the building.

Exception: Impervious surfaces shall be permitted to be sloped less than 2 percent where the surface is a door landing or ramp that is required to comply with Section 1010.1.4, 1012.3 or 1012.6.1.

The procedure used to establish the final ground level adjacent to the foundation shall account for additional settlement of the backfill.

Provisions shall be made for the control and drainage of surface water around buildings.

Concentrated drainage such as rainwater from gutters and downspouts, scuppers, and roof valleys shall be diverted away from building foundations by means of concrete splash blocks or other approved non-erosive devices. Unless an alternate design is approved by the building official, under floor access crawl holes shall be provided with curbs extending not less than six (6) inches above adjacent grade to prevent surface water from entering the under floor area.

Gutters and Downspouts - when buildings are located on expansive soil having an expansion index greater than 50, gutters, downspouts, piping, and/or other non-erosive devices shall be provided to collect and conduct rainwater to a street, storm drain, or other approved watercourse or disposal area.
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Lot Drainage - All lots shall be graded to drain to a street or public way that abuts the site or shall be provided with approved drainage devices. Minimum gradient of all lots shall comply with the following:

Longitudinal Cross Slope

1. Pervious surfaces -- 1 percent slope 2 percent slope

2. Asphalt surfaces -- 1/2 percent slope 1 percent slope

3. Concrete surfaces -- 1/4 percent slope ½ percent slope (2 percent = ¼ inch per foot; 1 percent = 1/8” per foot; ½ percent = 1/16” per foot; and ¼ percent = 1/32 inch per foot.)
In rural areas where curbs or gutters have not been installed, drainage design plans shall be submitted for approval by the building official.
(V) Section 1808.7.4: Amend Section 1808.7.4 to read as follows:
1808.7.4. Foundation Elevation. The top of any exterior foundation shall extend above the elevation of the lowest adjacent street gutter or the inlet of an approved drainage device not less than 25 inches. Alternative elevations are permitted subject to approval of the building official, provided that it can be demonstrated that required drainage to the point of discharge and away from the structure is provided at all locations on the site. (W) Section 1905.1: Amend Section 1905.1 to read as follows:
1905.1. General. The text of ACI 318 shall be modified as indicated in Sections 1905.1.1 through 1905.1.11.
(X) Section 1905.1.7: Amend Section 1905.1.7 to read as follows:
1905.1.7. Section 14.1.4 of ACI 318 is not adopted. It is replaced with the following:

14.1.4 – Plain concrete in structures assigned to Seismic Design Category C, D, E, or F.

14.1.4.1 Structures assigned to Seismic Design Category C, D, E, or F shall not have elements of structural plan concrete, except as follows. (a) Concrete used for fill with a minimum cement content of two (2) sacks of Portland cement per cubic yard.
(b) Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness. (c) In detached one- and two-family dwellings three stories or less in height and constructed with stud-bearing walls, plain concrete footings having a total area of longitudinal reinforcing steel of not less than 0.002 times the 9 169
gross cross-sectional area of the footing, with at least two continuous longitudinal reinforcing bars not smaller than No. 4 are permitted. In addition, where the foundation system consists of a plain concrete footing and a plain concrete stemwall, an additional longitudinal reinforcing bar not smaller than No. 4 shall be provided at the top of the stemwall, and vertical bars not less than No.4 shall be placed in the stemwall at 24” on center, with a standard 90 degree hook into the footing.
(Y) Section 1905.1.9: Add Section 1905.1.9 to read as follows:
1905.1.9. Modify ACI 318 Section 18.7.5, by adding Section 18.7.5.8 and 18.7.5.9 to read as follows:

18.7.5.8 - Where the calculated point of contraflexure is not within the middle half of the member clear height, provide transverse reinforcement as specified in ACI 318 Sections 18.7.5.1, items (a) through (c), over the full height of the member.

18.7.5.9 – At any section where the design strength, φPn, of the column is less than the sum of the shears Ve computed in accordance with ACI 318 Sections

18.7.6.1 and 18.6.5.1 for all the beams framing into the column above the level under consideration, transverse reinforcement as specified in ACI 318 Sections

18.7.5.1 through 18.7.5.3 shall be provided. For beams framing into opposite sides of the column, the moment components may be assumed to be of opposite sign. For the determination of the design strength, φPn, of the column, these moments are permitted to be assumed to result from the deformation of the frame in any one principal axis.
(Z) Section 1905.1.10: Add Section 1905.1.10 to read as follows:
1905.1.10. Modify ACI 318 Section 18.10.4, by adding Section 18.10.4.7 to read as follows:

18.10.4.7 – Walls and portions of walls with Pu > 0.35Po shall not be considered to contribute to the calculated shear strength of the structure for resisting earthquake-induced forces. Such walls shall conform to the requirements of ACI 318 Section 18.14.
(AA) Section 1905.1.11: Add Section 1905.1.11 to read as follows:
1905.1.11. Modify ACI 318, by adding section 18.12.6.2 as follows:

18.12.6.2 - Collector and boundary elements in topping slabs placed over precast floor and roof elements shall not be less than 3 inches (76mm) or 6 dbthick, where dbis the diameter of the largest reinforcement in the topping slab. (BB) Section 2304.10.2: Amend Section 2304.10.2 to read as follows:
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2304.10.2. Fastener requirements. Connections for wood members shall be designed in accordance with the appropriate methodology in Section 2302.1. The number and size of fasteners connecting wood members shall not be less than that set forth in Table 2304.10.1. Staple fasteners in Table 2304.10.1 shall not be used to resist or transfer seismic forces in structures assigned to Seismic Design Category D, E, or F.

Exception: Staples may be used to resist or transfer seismic forces when the allowable shear values are substantiated by cyclic testing and approved by the building official.
(CC) Section 2304.10.3.1: Add Section 2304.10.3.1 to read as follows:
2304.10.3.1. Quality of Nails. Mechanically driven nails used in wood structural panel shear walls shall meet the same dimensions as that required for hand-driven nails, including diameter, minimum length, and minimum head diameter. Clipped head or box nails are not permitted in new construction. The allowable design value for clipped head nails in existing construction may be taken at no more than the nail-head-area ratio of that of the same size hand-driven nails.
(DD) Section 2305.4: Add Section 2305.4 to read as follows:
2305.4. Hold-down connectors. In Seismic Design Category D, E, or F, hold-down connectors shall be designed to resist shear wall overturning moments using approved cyclic load values or 75 percent of the allowable seismic load values that do not consider cyclic loading of the product. Connector bolts into wood framing shall require steel plate washers on the post on the opposite side of the anchorage device. Plate size shall be a minimum of 0.229 inch by 3 inches by 3 inches (5.82 mm by 76 mm by 76mm) in size.

Hold-down connectors shall be tightened to finger tight plus one half (1/2) wrench turn just prior to covering the wall framing.
(EE) Section 2306.2: Amend Section 2306.2 to read as follows:
2306.2. Wood-frame diaphragms. Wood-frame diaphragms shall be designed and constructed in accordance with AWC SDPWS. Where panels are fastened to framing members with staples, requirements and limitations of AWC SDPWS shall be met and the allowable shear values set forth in Table 2306.2(1) or 2306.2(2) shall only be permitted for structures assigned to Seismic Design Category A, B, or C.

Exception: Allowable shear values where panels are fastened to framing members with staples may be used if such values are substantiated by cyclic testing and approved by the building official.

The allowable shear values in Tables 2306.2(1) and 2306.2(2) are permitted to be increased 40 percent for wind design.

Wood structural panel diaphragms used to resist seismic forces in structures assigned to Seismic Design Category D, E, or F shall be applied directly to the framing members. 11 171
Exception: Wood structural panel diaphragms are permitted to be fastened over solid lumber planking or laminated decking, provided the panel joints and lumber planking or laminated decking joints do not coincide.
(FF) Section 2306.3: Amend Section 2306.3 to read as follows:
2306.3. Wood-frame shear walls. Wood-frame shearwalls shall be designed and constructed in accordance with AWC SDPWS. For structures assigned to Seismic Design Category D, E, or F, application of Tables 4.3A and 4.3B of AWC SDPWS shall include the following:

1. Wood structural panel thickness for shear walls shall not be less than 3/8 inch thick and studs shall not be spaced at more than 16 inches on center.

2. The maximum nominal unit shear capacities for 3/8 inch wood structural panels resisting seismic forces in structures assigned to Seismic Design Category D, E, or F is 400 pounds per linear foot (plf), and shall not exceed 200 pounds per linear foot (plf) for plywood structural panels containing three or fewer laminated layers.

Exception: Other nominal unit shear capacities may be permitted if such values are substantiated by cyclic testing and approved by the building official.

3. Where shear design values using allowable stress design (ASD) exceed 350 plf or load and resistance factor design (LRFD) exceed 500 plf, all framing members receiving edge nailing from abutting panels shall not be less than a single 3-inch nominal member or two 2-inch nominal members fastened together in accordance with Section 2306.1 to transfer the design shear value between framing members. Wood structural panel joint and sill plate nailing shall be staggered at all panel edges. See Section 4.3.6.1 and 4.3.6.4.3 of AWC SDPWS for sill plate size and anchorage requirements.

4. Nails shall be placed not less than 1/2 inch in from the panel edges and not less than 3/8 inch from the edge of the connecting members for shear greater than 350 plf using ASD or 500 plf using LRFD. Nails shall be placed not less than 3/8 inch from panel edges and not less than 1/4 inch from the edge of the connecting member for shears of 350 plf or less using ASD or 500 plf or less using LRFD.

5. Table 4.3B application is not allowed for structures assigned to Seismic Design Category D, E, or F.

For structures assigned to Seismic Design Category D, application of Table 4.3C of AWC SDPWS shall not be used below the top level in a multi-level building, and the allowable seismic shear values shall not exceed 90 plf for Portland cement plaster and 30 plf for 12 172
gypsum. Table 4.3C shall not be allowed for structures assigned to Seismic Design Category E, or F.

Where panels are fastened to framing members with staples, requirements and limitations of AWC SDPWS shall be met and the allowable shear values set forth in Table 2306.3(1), 2306.3(2) or 2306.3(3) shall only be permitted for structures assigned to Seismic Design Category A, B, or C.

Exception: Allowable shear values where panels are fastened to framing members with staples may be used if such values are substantiated by cyclic testing and approved by the building official.

The allowable shear values in Table 2306.3(1), 2306.3(2) are permitted to be increased 40 percent for wind design. Panels complying with ANSI/APA PRP-210 shall be permitted to use design values for Plywood Siding in the AWC SDPWS.

Exception: [DSA-SS DSA-SS/CC and OSHPD 1,2,&4] Wood structural panel walls using staples as fasteners are not permitted by DSA and OSHPD. (GG) Section 2307.2: Add Section 2307.2 to read as follows:
2307.2. Wood-frame shear walls. Wood-frame shear walls shall be designed and constructed in accordance with Section 2306.3 as applicable. (HH) Table 2308.6.1: Amend Table 2308.6.1 by modifying footnote “b” to read as follows:
b. See section 2308.6.3 for full description of bracing methods. Bracing methods DWB, SFB, PBS, HPS, and GB are not permitted in Seismic Design Categories D or E.
(II) Section 2308.6.8.1: Amend Section 2308.6.8.1, first Exception, to read as follows:

Exception: For structures in Seismic Design Category A, B, or C, with a maximum plan dimension not more than 50 feet (15 240mm), continuous foundations are required at exterior walls only.
(JJ) Section 2308.6.9: Amend Section 2308.6.9 to read as follows:
2308.6.9. Attachment of Sheathing. Fastening of braced wall panel sheathing shall not be les than that prescribed in Table 2308.6.1 or Table 2304.10.1. Wall sheathing shall not be attached to framing members by adhesives. Staple fasteners in Table 2304.10.1 shall not be used to resist or transfer seismic forces in structures assigned to Seismic Design Category D, E, or F.
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Exception: Staples may be used to resist or transfer seismic forces when the allowable shear values are substantiated by cyclic testing and approved by the building official.
(KK) Appendix Chapter J, Section J103.2, Exception 1: Amend Appendix Chapter J, Section J103.2, Exception 1, to read as follows:

1. Grading in an isolated, self-contained area, provided there is no danger to the public, the total quantity of graded soil does not exceed 150 cubic yards, and that such grading will not adversely affect adjoining properties. (LL) Appendix Chapter J, Section J104.1: Amend Appendix Chapter J, Section J104.1 to read as follows:

J104.1. Submittal Requirements. Application for a grading permit shall be accompanied by four sets of plans and specifications, and supporting data consisting of a soils engineering report (and an engineering geology report where required by the Building Official.) The sets of plans submitted for final approval shall be submitted on mylar. The plans and specifications shall be prepared and signed by an individual licensed by the state to prepare such plans or specifications when required by the building official. The dates of the soils engineering (and engineering geology report if required) along with the names, addresses, and phone numbers of the firms or individuals who prepared the reports, shall appear on the grading plans. In addition to the provisions of Section 105.3, and 1.8.4, as applicable, the applicant shall state the estimated quantities of excavation and fill.

ARTICLE III. CALIFORNIA RESIDENTIAL CODE
SEC. 14-4. CALIFORNIA RESIDENTIAL CODE ADOPTED .

The part 2.5 of twelve parts of the California Code of Regulations, Title 24, known as the California Residential Code (“CRC”), 2022 Edition, including Appendix AH and AQ, as published by the Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento CA 95833-2936, is hereby adopted by reference, subject to the amendments, additions, and deletions hereinafter set forth. One true copy of this code is on file in the office of the City Clerk and is available for public inspection as required by law.

SEC. 14-5. AMENDMENTS TO THE CRC.
(A) Chapter One – Division II ADMINISTRATION. Except for Sections 101.1, 101.2, and 101.3, entitled “Title,” “Scope,” and “Purpose,” Chapter One, entitled “Division II Administration” is hereby deleted from the CRC. The Administrative Code as adopted in the Oxnard City Code, Chapter 14, Article II, shall apply to this Article. (B) Section R301.2.2.11: Add Section R301.2.2.11 to read as follows:
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R301.2.2.11. Anchorage of mechanical, electrical, or plumbing components and equipment. Mechanical, electrical, or plumbing components and equipment shall be anchored to the structure. Anchorage of the components and equipment shall be designed to resist loads in accordance with the California Building Code and ASCE7, except where the component is positively attached to the structure and flexible connections are provided between the component and associated ductwork, piping, and conduit; and either:

1. The component weighs 400 lb. or less and has a center of mass located 4ft. or less above the supporting structure; or

2. The component weighs 20 lb. or less or, in the case of a distributed system, 5 lb/ft or less.
(C) Section R313: Add Section R313 to read as follows:

R313. General. Approved automatic fire extinguishing systems shall be installed and maintained in accordance with Chapter 14 of the Oxnard City Code, Article XVI. (D) Section R401.1: Amend the Exception to Section R401.1 to read as follows:

Exception: Wood foundations in Seismic Design Categories D0, D1, and D2 shall not be permitted. The provisions of this chapter shall be permitted to be used for wood foundations only in the following situations:

1. In non-occupied, single-story, detached storage sheds and similar uses other than carport or garage, provided the gross floor area does not exceed 200 square feet, the plate height does not exceed 12 feet in height above the grade plane at any point, and the maximum roof projection does not exceed 24 inches. (E) Section R403.1.2: Amend Section R403.1.2 to read as follows:

R403.1.2. Continuous footing in Seismic Design Categories D0, D1, and D2. The braced wall panels at exterior walls of buildings located in Seismic Design Categories D0, D1, and D2 shall be supported by continuous footings. All required interior braced wall panels in buildings shall be supported by continuous footings. (F) Section R403.1.3.6: Section R403.1.3.6 is deleted in its entirety. (G) Section R404.2: Amend Section R404.2 to read as follows:

R404.2. Wood foundation walls. Wood foundation walls shall be constructed in accordance with the provisions of Sections R404.2.1 through R404.2.6 and with details shown in Figures R403.1(2) and R403.1(3). Wood foundation walls shall not be used for structures located in Seismic Design Category D0, D1, and D2. (H) Table R602.3(1): Amend Table R602.3(1) by adding footnote “j” to be applicable to the entire table and to read as follows:
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j. Use of staples in braced wall panels shall be prohibited in Seismic Design Category D0, D1, and D2.
(I) Table R602.3(2): Amend Table R602.3(2) by revising footnote “b” to read as follows:
b. Staples shall have a minimum crown width of 7/16-inch diameter except as noted. Use of staples in roof, floor, subfloor, and braced wall panels shall be prohibited in Seismic Design Category D0, D1, and D2.
(J) Table R602.10.3(3): Amend Table R602.10.3(3) to read as follows:
(K) Table R602.10.4: Amend Table R602.10.4 by adding footnote “f” to be applicable to the entire table and to read as follows:
f. Use of staples in braced wall panels shall be prohibited in Seismic Design Category D0, D1, and D2.
(L) Section R703.1: Amend Section R703.1 to read as follows:
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R703.1. General. Exterior walls shall provide the building with a weather-resistant exterior wall envelope. The exterior wall envelope shall included flashing as described in Section R703.4. Additionally, balconies, landings, exterior stairways, occupied roofs and similar surfaces exposed to the weather and sealed underneath shall be waterproofed and sloped a minimum 1/4 unit vertical in 12 units horizontal (2% slope) for drainage. The weather-exposed areas with ceilings or horizontal projections not required to be sealed for fire resistive construction shall be provided with ventilation devices so as to provide adequate air movement to dry out any moisture infiltrating within the horizontal areas.

Details and notes on ventilation devices shall be provided in the submittal drawings. (M) Section R902.1: Amend the first paragraph of Section R902.1 to read as follows:

R902.1. Roofing covering materials. Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum Class A or B roofing shall be installed in areas designated by this section or where the edge of the roof is less than 3 feet from a lot line.

Class A or B roofing required by this section shall be tested in accordance with UL 790 or ASTM E108.
(N) Section R902.1.2: Amend Section R902.1.3 to read as follows:

R902.1.3. Roof coverings in all other areas. All reroofing shall be constructed with Class A or B roofing and shall conform to the applicable provisions of this Chapter, or as approved by the building official.
(O) Appendix Chapter AH, Section AH103.2: Amend Appendix Chapter AH, Section AH103.2 to read as follows:

AH 103.2. Light, ventilation and emergency egress. Exterior openings required for light and ventilation shall be permitted to open into a patio structure conforming to Section AH101. Where such exterior openings serve as an exit from the dwelling unit, the patio structure, unless unenclosed, shall be provided with exits conforming to the provisions of Section R311 of this code. Emergency egress or rescue openings from sleeping rooms shall not open into a patio structure.
(P) Appendix Chapter AQ, Section AQ106: Appendix Chapter AQ, Section AQ106 is deleted in its entirety.
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ARTICLE IV. CALIFORNIA GREEN BUILDING STANDARDS CODE
SEC. 14-6. CALIFORNIA GREEN BUILDING STANDARDS CODE ADOPTED.

The part eleven of twelve parts of the California Code of Regulations, Title 24, known as the California Green Building Standards Code (“CALGreen”), 2022 Edition, as published by the California Building Standards Commission, 2524 Natomas Park Drive, Suite 130, Sacramento, CA 95833-2936, is hereby adopted by reference, subject to the amendments, additions, and deletions hereinafter set forth. One true copy of this code is on file in the office of the City Clerk and is available for public inspection as required by law.

ARTICLE V. PROPERTY MAINTENANCE AND ABATEMENT CODES
SEC. 14-8. INTERNATIONAL PROPERTY MAINTENANCE CODE AND UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS ADOPTED.

The International Property Maintenance Code, 2021 Edition, and the Uniform Code for Abatement of Dangerous Buildings, 1997 Edition, as published respectively by the International Code Council, 500 New Jersey Avenue, NW, 6th Floor, Washington, D.C. 20001, and the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601, are hereby adopted by reference. One true copy of these codes is on file in the office of the City Clerk and is available for public inspection as required by law.

SEC. 14-9. AMENDMENTS.
(A) Section 101.1: Amend Section 101.1 to read as follows:
101.1. Title. These regulations shall be known as the Oxnard Property Maintenance Code (OPMC), hereinafter referred to as “this code”.
(B) Section 103.1: Amend Section 103.1 to read as follows:
103.1. Creation of Agency. The Code Compliance Division is hereby created and the official in charge thereof shall be known as the code official. The function of the agency shall be in the implementation, administration and enforcement of the provisions of this code.
(C) Section 201.3: Amend Section 201.3 to read as follows:
201.3. Terms Defined in Other Codes. Where terms are not defined in this code and are defined in the California Building Standards Code or NFPA 70, such terms shall have the meanings ascribed to them as stated in those codes.
(D) Section 302.4: Amend Section 302.4 to read as follows:
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302.4. Weeds. Premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12) inches. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens.

Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 108.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation any duly authorized employee of the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.
(E) Section 302.8: Amend Section 302.8 to read as follows:
302.8. Motor Vehicles. Except as provided for in other regulations, inoperative, unregistered, or unlicensed motor vehicles, motorcycles, vessels or trailers shall not be parked, kept, or stored on any premises, and shall not at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of motor vehicles, motorcycles, vessels or trailers is prohibited unless conducted inside an approved spray booth.

Exception. A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. (F) Section 304.1.1: Amend the first sentence of Section 304.1.1 to read as follows:
304.1.1. Unsafe Conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the California Building Standards Code as required for existing buildings:
(G) Section 304.14: Amend Section 304.14 to read as follows:
304.14. Insect Screens. Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen doors used for insect control shall have a self closing device in good working condition.

Exception. Screens shall not be required where other approved means, such as air curtains or insect repellant fans, are employed.
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(H) Section 305.1.1 : Amend the first sentence of Section 305.1.1 to read as follows:
305.1.1. Unsafe Conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the California Building Standards Code as required for existing buildings:
(I) Section 306.1.1: Amend the first sentence of Section 305.1.1 to read as follows:
306.1.1. Unsafe Conditions. Where any of the following conditions cause the component or system to be beyond its limit state, the component or system shall be determined as unsafe and shall be required or replaced to comply with the California Building Standards Code as required for existing buildings:
(J) Section 401.3: Amend Section 401.3 to read as follows:
401.3. Alternative Devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the California Building Standards Code shall be permitted.
(K) Section 502.5: Amend Section 502.5 to read as follows:
502.5. Public Toilet Facilities. Public toilet facilities shall be maintained in a safe, sanitary and working condition in accordance with the California Plumbing Code. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy of the premises. (L) Section 505.1: Amend Section 505.1 to read as follows:
505.1. General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. Kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the California Plumbing Code.
(M) Section 505.5.1: Amend Section 505.5.1 to read as follows:
505.5.1. Abandonment of Systems. Where a nonpotable water reuse system or a rainwater collection and distribution system is not maintained or the owner ceases use of the system, the system shall be abandoned in accordance with the California Plumbing Code.
(N) Section 602.2: Amend Section 602.2 to read as follows:
602.2. Residential Occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68℉ (20℃) in all habitable rooms, bathrooms and toilet rooms. Cooking appliances shall not be used, nor shall portable unvented fuel-burning space heaters be used, as a means to provide required heating. The 20 180
installation of one or more portable space heaters shall not be used to achieve compliance with this section.

Exception: In areas where the average monthly temperature is above 30℉ (-1℃), a minimum temperature of 65℉ (18℃) shall be maintained. (O) Section 602.3: Amend Section 602.3 to read as follows:
602.3. Heating Supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a minimum temperature of 68℉ (20℃) in all habitable rooms, bathrooms and toilet rooms. (P) Section 602.4: Amend Section 602.4 to read as follows:
602.4. Occupiable Work Spaces. Indoor occupiable works spaces shall be supplied with heat to maintain a minimum temperature of 65℉ (18℃) during the period the spaces are occupied.

Exceptions:

1. Processing, storage and operation areas that require cooling or special temperature conditions.

2. Areas in which persons are primarily engaged in vigorous physical activities.
(Q) Section 604.3.1.1: Amend the first sentence of Section 604.3.1.1 to read as follows:
604.3.1.1. Electrical Equipment. Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, surge protectors, molded case circuit breakers, low-voltage fuses, luminaires, ballasts, motos and electronic control, signaling and communication equipment that have been exposed to water shall be replaced in accordance with the provisions of the California Electrical Code.
(R) Section 604.3.2.1: Amend the first sentence of Section 604.3.2.1 to read as follows:
604.3.2.1. Electrical Equipment. Electrical switches, receptacles and fixtures, including furnace, water heating, security system and power distribution circuits, that have been exposed to fire, shall be replaced in accordance with the provisions of the California Electrical Code.
(S) Section 702.1: Amend Section 702.1 to read as follows:
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702.1. General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the California Fire Code.
(T) Section 702.2 Aisles: Amend Section 702.2 Aisles to read as follows:
702.2. Aisles. The required width of aisles in accordance with the California Fire Code shall be unobstructed.
(U) Section 702.3: Amend Section 702.3 to read as follows:
702.3. Locked Doors. Means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the California Building Code.
(V) Section 702.4: Amend Section 702.4 to read as follows:
702.4 Emergency Escape and Rescue Openings. Required emergency and rescue openings shall be maintained in accordance with the code in effect at the time of construction, and both of the following:

1. Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools.

2. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings provided that the minimum net clear opening size complies with the code that was in effect at the time of construction and the unit is equipped with smoke alarms installed in accordance with the California Building Code. Such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening.
(W) Section 703.2: Amend Section 703.2 to read as follows:
703.2 Unsafe Conditions. Where any components are not maintained and do not function as intended or do not have the fire resistance required by the code under which the building was constructed or altered, such components or portions thereof shall be deemed unsafe conditions in accordance with the California FireCode. Components or portions thereof determined to be unsafe shall be repaired or replaced to conform to the code under which the building was constructed or altered. Where the condition of components is such that any building, structure or portion thereof presents an imminent danger to the occupants of the building, structure or portion there, the fire code official shall act in accordance with the California Fire Code.
(X) Section 703.7: Amend Section 703.7 to read as follows:
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703.7. Vertical Shafts. Interior vertical shafts, including stairways, elevator hoistways and service and utility shafts, which connect two or more stories of a building shall be enclosed or protected as required by the California Fire Code. New floor openings in existing buildings shall comply with the California Building Code. (Y) Section 704.1: Amend Section 704.1 to read as follows:
704.1. Inspection, Testing and Maintenance. Fire protection and life safety systems shall be maintained in accordance with the California Fire Code in an operative condition at all times, and shall be replaced or repaired where defective. (Z) Section 704.1.1: Amend Section 704.1.1 to read as follows:
704.1.1. Fire Protection and Life Safety Systems. Fire protection and life safety systems shall be installed, repaired, operated and maintained in accordance with this code the California Fire Code and the California Building Code. (AA) Section 704.1.2: Amend Section 704.1.2 to read as follows:
704.1.2. Required Fire Protection and Life Safety Systems. Fire protection and life safety systems required by this code, the California Fire Code or the California Building Code shall be installed, repaired, operated, tested and maintained in accordance with this code. A fire protection and life safety system for which a design option, exception or reduction to the provisions of this code, the California Fire Code or the California Building Code has been granted shall be considered a required system. (BB) Section 704.1.3: Amend Section 704.1.3 to read as follows:
704.1.3. Fire Protection Systems. Fire protection systems shall be inspected, maintained and tested in accordance with the California Fire Code requirements. (CC) Section 704.3: Amend Section 704.3 to read as follows:
704.3. Systems Out of Service. Where a required fire protection system is out of service, the fire department and the fire code official shall be notified immediately and, where required by the fire code official, either the building shall be evacuated or an approved fire watch shall be provided for all occupants left unprotected by he shutdown until the fire protection system has been returned to service. Where utilized, fire watches shall be provided with not less than one approved means for notification of the fire department and shall not have duties beyond performing constant patrols of the protected premises and keeping watch for fires. Actions shall be taken in accordance with the California Fire Code to bring the systems back in service.
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Exception: Facilities with an approved notification and impairment management program. The notification and impairment program for water-based fire protection systems shall comply with NFPA 25.
(DD) Section 704.3.1: Amend Section 704.3.1 to read as follows:
704.3.1. Emergency Impairments. Where unplanned impairments of fire protection systems occur, appropriate emergency action shall be taken to minimize potential injury and damage. The impairment coordinator shall implement the steps outlined in the California Fire Code.
(EE) Section 704.4.2: Amend Section 704.4.2 to read as follows:
704.4.2. Removal of existing occupant-use hose lines. The Fire Code Official is authorized to permit the removal of existing occupant-use hose lines where all of the following apply:

1. The installation is not required by the California Fire Code or the California Building Code.

2. The hose line would not be used by trained personnel or the fire department.

3. The remaining outlets are compatible with local fire department fittings. (FF) Section 704.4.3: Amend Section 704.4.3 to read as follows:
704.4.3. Termination of Monitoring Service. For fire alarm systems required to be monitored by the California Fire Code, notice shall be made to the fire code official whenever alarm monitoring services are terminated. Notice shall be made in writing by the provider of the monitoring service being terminated. (GG) Section 704.5.1: Amend Section 704.5.1 to read as follows:
704.5.1. Fire Department Connection Access. Ready access to the fire department connections shall be maintained at all times and without obstruction by fences, bushes, trees, walls or any other fixed or movable objects. Access to fire department connections shall be approved by the fire chief.

Exception: Fences, where provided with an access gate equipped with a sign complying with the California Fire Code and a means of emergency operation.

The gate and the means of emergency operation shall be approved by the fire chief and maintained operational at all times.
(HH) Section 704.6.4: Amend Section 704.6.4 to read as follows:
704.6.4. Smoke Detection System. Smoke detectors listed in accordance with UL 268 and provided as part of the building’s fire alarm system shall be an acceptable alternative to single- and multiple-station smoke alarms and shall comply with the following:
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1. The fire alarm system shall comply with all applicable requirements of the California Fire Code.

2. Activation of a smoke detector in a dwelling or sleeping unit shall initiate alarm notification in the dwelling or sleeping unit in accordance with the California Fire Code.

3. Activation of a smoke detector in a dwelling or sleeping unit shall not activate alarm notification appliances outside of the dwelling or sleeping unit, provided that a supervisory signal is generated and monitored in accordance with the California Fire Code.
(II) Section 705.1: Amend Section 705.1 to read as follows:
705.1. General. Carbon monoxide alarms shall be installed in dwellings in accordance with the California Fire Code, except that alarms in dwellings covered by the California Residential Code shall be installed in accordance with Section R315 of that code.

ARTICLE VI. CALIFORNIA HISTORICAL BUILDING CODE
SEC. 14-10. CALIFORNIA HISTORICAL BUILDING CODE ADOPTED .

The eighth part of twelve parts of the California Code of Regulations, Title 24, known as the California Historical Building Code (“CHBC”), 2022 Edition, including Appendix A, as published by the Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento CA 95833-2936, is hereby adopted by reference. One true copy of this code is on file in the office of the City Clerk and is available for public inspection as required by law.

ARTICLE VII. CALIFORNIA ELECTRICAL CODE
SEC. 14-11. CALIFORNIA ELECTRICAL CODE ADOPTED.

The third part of twelve parts of the California Code of Regulations, Title 24, known as the California Electrical Code (“CEC”), 2022 Edition, which incorporates by reference the National Electrical Code (“NEC”), 2020 Edition, published by the Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento CA 95833-2936, is hereby adopted by reference, subject to the amendments hereinafter set forth. One true copy of this code is on file in the office of the City Clerk and is available for public inspection as required by law.

SEC. 14-12. AMENDMENTS.
(A) Article 90-10: Add Article 90-10 to read as follows:
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Article 90-10. Administration. The legal jurisdiction and administration of this electrical code is regulated by the administrative sections as adopted in Chapter 14, Article II of the Oxnard City Code.
(B) Article 695.3: Amend Article 695.3 to read as follows:

Article 695.3. Power Source(s) for Electric Motor-Driven Fire Pumps. Electric motor-driven fire pumps shall have a reliable source of power. Power provided by the local serving utility company shall only be considered a reliable source of power where an onsite generator is provided as an alternate source of power. [OSHPD 1, 1R, 2, 3, 4, & 5] Such reliable source of power shall consist of a normal source and an onsite generator as the alternate source.

ARTICLE VIII. CALIFORNIA EXISTING BUILDING CODE
SEC. 14-13. CALIFORNIA EXISTING BUILDING CODE ADOPTED.

The tenth part of eleven parts of the California Code of Regulations, Title 24, known as the California Existing Buildings Code (“CEBC”), 2022 Edition, as published by the Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento CA 95833-2936, is hereby adopted by reference. One true copy of this code is on file in the office of the City Clerk and is available for public inspection as required by law.

ARTICLE IX. CALIFORNIA MECHANICAL CODE
SEC. 14-14. CALIFORNIA MECHANICAL CODE ADOPTED.

The fourth part of eleven parts of the California Code of Regulations, Title 24, known as the California Mechanical Code (“CMC”), 2022 Edition, and Appendices B and C thereof, and Standards contained therein, published by the Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento CA 95833-2936, is hereby adopted by reference, subject to the amendment hereinafter set forth. One true copy of this code is on file in the office of the City Clerk and is available for public inspection as required by law.

SEC. 14-15. AMENDMENT.
(A) Chapter One, Division II– Administration. Except for Sections 101.1, 101.2, and 101.3, entitled “Title,” “Purpose,” and “Scope,” Chapter One, Division II entitled “Administration” is hereby deleted from the CMC. The Administrative Code as adopted in the Oxnard City Code, Chapter 14, Article II, shall apply to this Article. 26 186
ARTICLE X. CALIFORNIA REFERENCED STANDARDS CODE
SEC. 14-16. CALIFORNIA REFERENCED STANDARDS CODE ADOPTED.

The twelfth part of twelve parts of the California Code of Regulations, Title 24, known as the California Referenced Standards Code (“CRSC”), 2022 Edition, as published by the Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento CA 95833-2936, is hereby adopted by reference. One true copy of this code is on file in the office of the City Clerk and is available for public inspection as required by law.

ARTICLE XI. CALIFORNIA PLUMBING CODE
SEC. 14-17. CALIFORNIA PLUMBING CODE ADOPTED.

The fifth part of eleven parts of the California Code of Regulations, Title 24, known as the California Plumbing Code (“CPC”), 2022 Edition, including Appendices A, B, D, I, and K thereof, and standards contained therein, published by the Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento CA 95833-2936, is hereby adopted by reference, subject to the amendment hereinafter set forth. One copy of this code is on file in the office of the City Clerk and is available for public inspection as required by law.

SEC. 14-18. AMENDMENT.
(A) Chapter One, Division II– Administration. Except for Sections 101.1, 101.2, and 101.3, entitled “Title,” “Purpose,” and “Scope,” Chapter One, Division II entitled “Administration” is hereby deleted from the CPC. The Administrative Code as adopted in the Oxnard City Code, Chapter 14, Article II, shall apply to this Article.

ARTICLE XII. CALIFORNIA ENERGY CODE
SEC. 14-19. CALIFORNIA ENERGY CODE ADOPTED .

The sixth part of twelve parts of the California Code of Regulations, Title 24, known as the California Energy Code (“Energy Code”), 2022 Edition, including Appendices 1-A and 1-B, as published by the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento CA 95833-2936, is hereby adopted by reference. One true copy of this code is on file in the office of the City Clerk and is available for public inspection as required by law. 27 187
ARTICLE XIII. (RESERVED)
ARTICLE XIV. (RESERVED)
ARTICLE XV. CALIFORNIA FIRE CODE
SEC. 14-24. CALIFORNIA FIRE CODE – ADOPTED.

The California Fire Code (“CFC”) 2022 Edition, including Appendix Chapter 4, Appendix B, Appendix C, Appendix D, Appendix F, and Appendix O, published by the Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento CA 95833-2936, is hereby adopted by reference, subject to the amendments, additions, and deletions hereinafter set forth. One copy of such code is on file in the office of the City Clerk and is available for public inspection as required by law.

SEC. 14-25. AMENDMENTS
(A) Chapter 1, Section [A] 101.1: Amend Section [A] 101.1 to read:
[A] 101.1. Title. These regulations shall be known as the Fire Code of the City of Oxnard, hereinafter referred to as “this code”.
(B) Chapter 1, Section [A] 103.1: Amend Section [A] 103.1 to read:
[A] 103.1 Creation of agency. The Oxnard Fire Prevention Bureau is hereby created and the official in charge thereof shall be known as the fire code official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.
(C) Chapter 1, Section 104.13: Add Section 104.13 to read:
104.13. General. When the chief finds in any building, on any premises, or on any lot or parcel combustible, hazardous or explosive materials or dangerous accumulations of rubbish; or finds unnecessary accumulations of wastepaper, boxes, shavings, or any highly flammable materials which are so situated as to endanger life or property; or finds obstructions to or on fire escapes, stairs, passageways, doors, or windows that reasonably tend to interfere with the operations of the Fire Department or the egress of the occupants of such building or premises; or finds that this code is being violated, the chief is authorized to issue orders as necessary for the enforcement of the fire prevention laws and ordinances governing the same and for the safeguarding of life and property from fire. (D) Chapter 1, Section 104.13: Add Section 104.13.1 to read:
104.13.1. Cost Recovery. Where an emergency situation is caused or exacerbated by a willful act, a negligent act, or a violation of the Fire Code, Building Code, or any other applicable law, ordinance or regulation, the cost of mitigating and securing any emergency that is within the responsibility of the Fire Chief shall be charged against the 28 188
person who caused the emergency or who caused the circumstances leading to the creation of the emergency. Damages and expenses incurred by any public agency providing mutual aid shall constitute debt of such person and shall be collectible by the Fire Chief for proper distribution in the same manner as in the case of an obligation under contract expressed or implied. Expenses as stated above shall include, but not limited to, equipment and personnel committed and any payments required by the public agency to outside business firms requested by the public agency to mitigate or secure the emergency, monitor remediation, and clean up.
(E) Chapter 1, Section 104.1:. Add Section 104.14 to read:
104.14. Stopping uses, evacuation. The chief is authorized to order an operation or use stopped, or the evacuation of any premises building or vehicle or portion thereof which has or is a fire hazard, hazardous condition or situation which presents a hazard to life or property.
(F) Chapter 1, Section 105.5.54: Add Subsection 4 to read:

4. Cannabis. An operational permit is required to dispense, test, distribute, grow, manufacture, or cultivate cannabis for commercial use.
(G) Chapter 1, Section 105.5.54: Add Subsection 5 to read:

5. Wood and Wood Composite Pallet Manufacturing and Recycling Facilities.

Wood and wood composite pallet manufacturing and recycling facilities require an operational permit.
(H) Chapter 1, Section 105.5.54: Add Subsection 6 to read:

6. Electronic Gate Access. Where section 503.7 Electronic and Electric Access Gates applies, an operational permit is required.
(I) Section [A] 112.4: Amend Section [A] 112.4 to read:
[A] 112.4. Violation Penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair, or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment not exceeding (6) months, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(J) Section 202: The following definitions are added or amended to read as follows:

Fire Chief. The Chief Officer of the Fire Department serving the jurisdiction. 29 189
Fire Code Official. The fire chief or other member of the fire department appointed by the fire chief charged with the administration and enforcement of this code.

Operational Fire Permit. An official document or certificate issued by the Oxnard Fire Department which authorizes performance of a specific activity. (K) Section 401.10: Add Section 401.10 to read:
401.10. Immediate Reporting of a Release or a Threatened Release. Any person who stores, transports, dispenses, uses, or handles hazardous materials, or any facility required by Occupational Safety and Health Administration (OSHA) regulations to prepare or maintain a Material Safety Data Sheet (MSDS)/Safety Data Sheets (SDS), including those who store extremely hazardous substances shall provide an immediate, verbal report of any release or threatened release of a hazardous material to the City of Oxnard Fire Department accessing the 911 emergency reporting system without delay as soon as:

1. a person has knowledge of the release or threatened release; a. notification can be provided without impeding immediate control of the release or threatened release;
b. Notification can be provided without impeding immediate emergency medical measures.

2. The immediate reporting pursuant to subsection #1. of this section shall include, as a minimum:
a. the exact location of the release or threatened release; b. the name of the person reporting the release or threatened release; c. the hazardous materials involved in the release or threatened release; d. an estimate of the quantity of hazardous materials involved; and e. if known, the potential hazards presented by the hazardous material involved in the release or threatened release.
(L) Section 503.1.2.1: Add Section 503.1.2.1 to read:
503.1.2.1. Difficult Apparatus Access. If the Fire Code Official determines that access for fire apparatus to any building or structure is unduly difficult, installation of an automatic fire-extinguisher system shall be required.
(M) Section 503.2.1: Amend Section 503.2.1 to read:
503.2.1. Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 26 feet (7925 mm) and an unobstructed height of not less than 13 feet 6 inches (4115 mm).

Exceptions:

1. Alleys without fire hydrants must have an unobstructed width of not less than 20 feet (6096 mm).

2. Approved security gates in accordance with Section 503.6. (N) Section 503.7: Add Section 503.7 to read:
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503.7. Electronic and Electric Access Gates. When access to or within a structure or area is impeded by an electronically or electrically secured opening or gate, such electronically or electrically secured opening or gate shall be constructed and maintained in accordance with plans approved by the Fire Code Official or Oxnard Police Department. The Fire Code Official or Oxnard Police Department shall not approve such plans unless the plans allow emergency vehicles and emergency personnel to open such electronically or electrically secured openings or gates by City approved radio equipment used by such emergency vehicles or personnel.

On or before August 1, 2006, all existing electronically or electrically secured openings or gates that impede access to a structure or area shall either be (a) removed, or (b) constructed and maintained in accordance with plans approved by the Fire Code Official or Oxnard Police Department.

For the purposes of this section 503.7, “opening” shall be limited to an exterior door for a commercial or industrial building or a door on a commercial, industrial, or residential property that limits access to a common area that is an accessway to more than one commercial, industrial, or residential occupancy.
(O) Section 503.7.1: Add Section 503.7.1 to read:
503.7.1.Battery Backup. Electronic and Electric Access Gates shall be installed with battery back up to ensure functionality in the case of power failure to the primary means of power.
(P) Section 503.7.2: Add Section 503.7.2 to read:
503.7.2. Electronic and Electric Access Gates Maintenance. Electronic and Electric Access Gates shall be maintained in working order at all times. Inspections, testing and maintenance shall occur on an annual basis to verify proper functionality of Electronic and Electric Access Gates. Electronic and Electric Access Gates found to be not functioning properly shall be secured in a manner which ensures access at all times as needed. Notification of non working Electronic and Electric Access Gates shall be made to the fire code official at time of discovery.
(Q) Section 503.7.3: Add Section 503.7.3 to read:
503.7.3. Electronic and Electric Access Gates Maintenance Records. All contractors who service, test, install and/or maintain Electronic and Electric Access Gates within the city are required to enroll and utilize the designated and approved single-point repository service to file records of all system inspections, tests, and maintenance as required by the fire code official. This repository service shall be maintained electronically and provided to the fire code official through a third party inspection reporting system. Fees, as applicable, will be paid directly from the contractor to the approved single-point repository service vendor. It is the responsibility of the third party testing company to upload test data to the single-point repository within 30 days of test completion 31 191
(R) Section 507.5: Amend Section 507.5 to read:
507.5. Fire Hydrant systems. Fire hydrant systems shall comply with Sections 507.5.1 through 507.5.6 and Oxnard Fire Department published Standards and Appendix C or by an approved method.
(S) Section 507.5.1.1: Amend Section 507.5.1.1 to read:
507.5.1.1. Hydrant for standpipe systems. Buildings equipped with a standpipe system installed in accordance with Section 905 shall have a fire hydrant within 50 feet (15 m) of the fire department connections.

Exception: The distance shall be permitted to exceed 50 feet (15 m) where approved by the fire code official.
(T) Section 901.6.3.2: Add Section 901.6.3.2 to read:
901.6.3.2 System Records. All contractors or property owners who service, test, install and/or maintain fire protection systems and devices within the city are required to enroll and utilize the designated and approved single-point repository service to file records of all system inspections, tests, and maintenance required by the referenced standards. This repository service shall be maintained electronically and provided to the fire code official through a third party inspection reporting system. Fees, as applicable, will be paid directly from the Responsible Party to the approved single-point repository service vendor. It is the responsibility of the third party testing company to upload test data to the single-point repository within 30 days of test completion. (U) Section 903.4.2.1: Add Section 903.4.2.1 to read:
903.4.2.1. Exterior Strobe. Provide an approved exterior strobe, in an approved location, visible from the street or approach roadway or drive aisle. (V) Section 904.3.5: Amend Section 904.3.5 to read:
904.3.5. Monitoring. Where a building fire alarm system, or a monitoring and alarm system complying with section 903.4, is installed, automatic fire-extinguishing systems shall be monitored by the building fire alarm system or the monitoring and alarm system in accordance with NFPA 72.
(W) Section 906.1, #10. Add Section 906.1, #10 to read:

10. As required by the Fire Code Official.
(X) Section 907.3.5: Add Section 907.3.5 to read:
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907.3.5. Fog or Smoke Emitting Systems. No system shall be installed in any building/structure or portion thereof, which discharges any gas, vapor, liquid or other product when the primary intent of system discharge is to obscure the vision, cause disorientation, or otherwise incapacitate any occupant of said building/structure or portion thereof. Nothing in this section is intended to preclude the installation of an approved fire suppression system.
(Y) Section 907.5.2.3.5: Add Section 907.5.2.3.5 to read:
907.5.2.3.5. Exterior Strobe. Provide an approved exterior strobe, in an approved location, visible from the street or approach roadway or drive aisle. (Z) Section 3901.1: Amend Section 3901.1 to read:
3901.1. Scope. Plant cultivation, processing, or extraction facilities shall comply with this chapter and the California Building Code. The extraction process includes the act of extraction of the oils and fats by use of a solvent, desolventizing of the raw material, production of the miscella, distillation of the solvent from the miscella, and solvent recovery. The use, storage, transfilling, and handling of hazardous materials in these facilities shall comply with this chapter, other applicable provisions of this code, Chapter 38 of NFPA 1, and the California Building Code.
(AA) Add Sections 4908 through 4908.9.1 to read:
4908. VERY HIGH FIRE HAZARD SEVERITY ZONE-REQUIREMENTS
SPECIFIC TO OXNARD.
4908.1. Very High Fire Hazard Severity Zone Established. The Very High Fire Hazard Severity Zone shall be established as set forth in Sections 4908.1.1 through 4908.1.3. 4908.1.1. Very High Fire Hazard Severity Zone Ordinance and Map. The Very High Fire Hazard Severity Zones are hereby established and declared to be those districts and areas included within the boundary described and set forth in the most current map, ATTACHMENT A, which is incorporated herein and made a part hereof for all purposes and shall be available at the Fire Marshal’s Office.

FIGURE 4908.1.1

VERY HIGH FIRE HAZARD SEVERITY ZONE MAP
4908.1.2. Modified Boundary Lines. When in the course of improvement of undeveloped areas of the City, new streets, lots and building sites are created where none existed before, and such new streets, lots and building sites overlap the existing boundary line of the Very High Fire Hazard Severity Zone, the boundary line of such zone shall be 33 193
deemed to be relocated to coincide with the property boundary or along the center line of such newly created streets that lie closest to the original boundary line location. 4908.1.3. Legal Description. The Fire Code Official shall, by regulation, establish a legal description of the Very High Fire Hazard Severity Zone. Such regulation shall be amended from time to time to reflect changes necessitated by Section 4908.1.2, or for other necessary purposes. Every such regulation of the Fire Code Official shall be established according to the requirements of Section 104.1.1. 4908.2. Posting of Signs Prohibiting Smoking and Burning. There shall be no open burning or smoking in the Very High Fire Hazard Severity Zone. The Fire Code Official shall cause such districts to be posted at all times by suitable signs giving notice thereof. 4908.3. Authority to Construct. Maintain and Close Fire Roads, Fire Trails and Firebreaks. The Fire Code Official shall have authority to construct fire roads and firebreaks in or upon any undeveloped lands in any mountain or hill area, whether or not such lands are public or private, with the consent of the owner thereof, and to maintain the same on a permanent basis when the Fire Code Official determines that such fire roads and firebreak are necessary for the protection of life and property against fire or panic.
4908.3.1. Authority to Secure. The Fire Code Official may install gates or cables, and securely lock the same, to prevent the use by unauthorized persons of any fire road, truck trail or other road which is not a public highway and over which the Fire Department has the right to pass, whether by easement, license, City ownership or otherwise, for purposes relating to fire protection or control.
4908.4. Authority in Public Lands. All lands within the limits of the City of Oxnard and lying within the boundaries of any State or Federal lands may be closed to the public by the Fire Chief or by any duly authorized State or Federal officer, provided such closure is not in conflict with any State or Federal law. No person shall enter upon any lands so closed except by valid Special Permit from the Fire Code Official pursuant to Section 105.8. Notice of such closure shall be deemed sufficient when provided pursuant to Section 4908.8.1.

Exception:

Closure of private lands shall not prohibit the use or entry upon such lands by the owner, his guests or invitees, provided such guests or invitees have written permission of the owner of such private lands to enter upon the same.
4908.5. Open Flame Prohibited. There shall be no open flame or self-contained device capable of producing flame permitted or located upon any road, street or fire road within the Very High Fire Hazard Severity Zone.
4908.6. Smoking Prohibited. It shall be unlawful for any person to light, ignite or smoke any cigar, cigarette, tobacco in a pipe or other form of smoldering substance within the Very High Fire Hazard Severity Zone.
34 194
4908.7. Clearance of Vegetative Growth From Electrical Transmission Lines. Any person owning, leasing, controlling, operating or maintaining any electrical transmission line over any mountainous forest, brush, or hazardous vegetation covered land shall at all times cut, trim, or otherwise remove all forked, dead, decadent, rotten, diseased, or weakened branches of trees, or trees that may contact or fall upon any transmission line.

Live trees shall remain pruned and trimmed to prevent exposure to electrical transmission or branch lines.
4908.8. Restricted Entry or Presence in the Very High Fire Hazard Severity Zone.

Any person who enters or is present in the Very High Fire Hazard Severity Zone, except upon public roadways, inhabited areas, or established trails and campsites open to the public, is committing a trespass. Notice of said offense shall be deemed sufficient where provided pursuant to Section 4908.8.1.

Exceptions:

This subsection shall not prohibit residents or owners of private property or their invitees or guests from going to or from such private property, provided that such invitees or guests have the permission of the owner or resident to be in or upon such private property.

This subsection shall not restrict any public officer in the pursuit of his/her duty. 4908.8.1. Notice. For purposes of Sections 4908 through 4908.9.1, notice may be given as follows:

Posted Property. By posted signs identifying the property closed to the public within the Very High Fire Hazard Severity Zone, bearing the words “PROPERTY CLOSED TO THE PUBLIC – TRESPASSING FORBIDDEN BY LAW” in letters not less than 3 inches in height, at the entrance thereto and along all exterior boundaries at equal intervals not less than three to the mile, and at all roads and trails entering the property; or Personal Notice. By personal notice given directly to a person found in an area of the Very High Fire Hazard Severity Zone closed to the public, advising the person that the area is closed to the public and that if the person refuses or fails immediately to leave the closed area, or if the person leaves and returns, the person’s presence in the non-public area constitutes trespassing.
4908.8.2. Trespass. No person shall travel or trespass upon any identified Fire Hazard Severity Zone.
4908.8.3. Special Permit. No person shall operate, drive or park any motorcycle, motor scooter or other vehicle within the Very High Fire Hazard Severity Zone, except upon clearly established public or private roads, without first having secured a Special Permit from the Fire Code Official pursuant to Section 105.8.
35 195
4908.8.4. Unauthorized Parking. No unauthorized person shall park any vehicle so as to obstruct the entrance to any identified Fire Hazard Severity Zone. 4908.9. Tampering With Established Locks, Signs, Barriers, or Water Tanks. No person, except one authorized and acting within the scope of his official duties, shall unlock, open, damage, or tamper with or cause to be unlocked, opened, damaged, or tampered with any lock, gate, door, barrier, seal, water tank enclosure, water valve, hydrant, or other fire protection equipment or facility installed by or under control of the designated Fire Authority.
4908.9.1. Defacing Signs. No person, except one authorized and acting within the scope of his official duties, shall remove, deface, mar, mutilate, or change the position of any sign, installed by the Fire Code Official pursuant to this article, designating “CLOSED AREA,” “NO SMOKING,” “NO OPEN FIRES,” “RESTRICTED ENTRY,” or other sign or device installed to give warning and to regulate persons’ actions within the Very High Fire Hazard Severity Zone.
(BB) Section B105: Amend Table B105.2 to read:

Table B105.2. Column two - Minimum Fire-flow, Row two of three:
50% of the value in Table B105.1(2)a
Table B105.2. Column two - Minimum Fire-flow, Row three of three:
50% of the value in Table B105.1(2)b
(CC) Section D102.1: Amend Section D102.1, to read:

D102.1. Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete of or approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 76,000 pounds (34,550 kg).
(DD) Section D103.5 #1: Amend Section D103.5 #1, to read:
#1. Where a single gate is provided, the gate width shall be not less than 20 feet (6096 mm). Where a fire apparatus road consists of a divided roadway, the gate width shall be not less than 15 feet (4572 mm).

ARTICLE XVI. FIRE SPRINKLERS
SEC. 14-26. AUTOMATIC FIRE SPRINKLER SYSTEM.

The California Fire Code (“CFC”) 2022 Edition, Section 903, Automatic Sprinkler Systems, is hereby amended.
(A) Section 903.1.2: Add Section 903.1.2 to read as follows:
36 196
903.1.2. Definitions. The following words and terms shall, for the purposes of section 903, have the following meanings:

Bathroom. A room or compartment containing one or more of the following: a toilet, a tub, or a shower.
(B) Section 903.2: Amend Section 903.2 to read as follows:
903.2. Where required. Approved automatic fire sprinkler systems shall be installed in all structures, occupancies, and locations as set forth in this section. For the purposes of this section, fire walls, fire barriers, and fire partitions shall not be considered as creating separate buildings.
(C) Sections 903.2.1 through 903.2.21: Sections 903.2.1 through 903.2.21 are deleted in their entirety and sections 903.2.1, 903.2.2, and 903.2.3 are added as follows:
903.2.1. New Construction. Automatic fire sprinkler systems shall be installed, maintained, and accessible for service in all new buildings, regardless of location, floor area, construction type, or occupancy.

Exceptions:

1. Spaces and areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries and standby engines, provided those spaces or areas are equipped throughout with an automatic fire alarm system and are separated from the remainder of the building by fire barriers consisting of not less than 1-hour fire-resistance-rated walls and 2-hour fire-resistance-rated floor/ceiling assemblies.

2. Automatic fire sprinkler protection for fixed guideway transit systems shall be as per Section 903.2.17

3. The Fire Code Official is authorized to make an exception for trash enclosures that are of non-combustible construction including the roof or cover, and at least ten (10) feet from any adjacent structure, and at least five (5) feet from the nearest property line.

4. The Fire Code Official is authorized to make an exception for carports, storage sheds, and similar structures having less than 500 square feet of roof area including overhangs, if the structure is least ten (10) feet from any adjacent structure, and at least five (5) feet from the nearest property line.

5. The Fire Code Official is authorized to make an exception for structures of non-combustible construction that do not have occupiable space, and that have no storage, insignificant fire load, and no exposures. 37 197
903.2.2. Ambulatory care facilities. An automatic sprinkler system shall be installed throughout the entire structure containing an ambulatory care facility where either of the following conditions exist at any time:

1. Four or more care recipients are incapable of self-preservation, whether rendered incapable by staff or staff has accepted responsibility for care recipients already incapable.

2. One or more care recipients that are incapable of self-preservation are located at other than the level of exit discharge serving such a facility. 903.2.3. Existing Construction. Automatic fire sprinkler systems shall be installed, maintained, and accessible for service throughout existing structures and additions in the following situations.

1. Whenever there is a change in occupancy in the structure or change in use classification to a higher or more hazardous occupancy or use classification based on the Building Code classifications or as determined by the Fire Code Official.

2. Whenever permits for additions or alterations result in an increase of cumulative area of more than 1,000 square feet of total structure area, including mezzanines and additional stories. Additional area determination shall be cumulative, from the effective date of this ordinance: December 27, 2007. Sprinkler coverage shall include the entire existing structure, garage(s), and adjacent accessory structures.

3. In rooms where nitrate film is stored or handled.

4. In protected combustible fiber storage vaults as defined in this code.

5. When more than 75% of the existing ceiling is removed or exposed then the entire structure must be retrofitted with an NFPA 13 compliant Fire Sprinkler System.

6. Occupancies that require a cannabis permit to operate. (D) Remove Section 903.3.1.1.2 in its entirety.
(E) Section 903.3.1.2. Add sections 903.3.1.2.4 through 903.3.1.2.7 to read:
903.3.1.2.4. Overhangs. Sprinkler protection is required under exterior roofs, canopies, and overhangs over four (4) feet in width.

Exceptions:

1. The Fire Code Official is authorized to make exception where the construction is non-combustible or limited combustible, and, where no combustibles are stored or handled, and, the area is at least 50 percent open.
38 198
903.3.1.2.5. Under stairs. Sprinkler protection is required for usable spaces and compartments under stairs, including bathrooms and closets. 903.3.1.2.6. Attics, crawl spaces, concealed spaces. Attics, crawl spaces, and normally unoccupied concealed spaces that do not contain fuel-fired appliances do not require sprinkler coverage. In attics, crawl spaces, and normally unoccupied concealed spaces that contain fuel-fired equipment, a sprinkler shall be installed above the equipment; however, sprinklers shall not be required in the remainder of the space. 903.3.1.2.7. Ceiling obstructions. Pendant sprinklers within 3 feet of the center of a ceiling fan, surface-mounted ceiling luminaire or similar object shall be considered to be obstructed, and additional sprinklers shall be installed. Sidewall sprinklers within 5 feet of the center of a ceiling fan, surface-mounted ceiling luminaire or similar object shall be considered to be obstructed, and additional sprinklers shall be installed. (F) Section 903.3.1.3. Add sections 903.3.1.3.1 through 903.3.1.3.4 to read:
903.3.1.3.1. Overhangs. Sprinkler protection is required under exterior roofs, canopies, and overhangs over four (4) feet in width.

Exceptions:

1. The Fire Code Official is authorized to make exception where the construction is non-combustible or limited combustible, and, where no combustibles are stored or handled, and, the area is at least 50 percent open.
903.3.1.3.2. Under stairs. Sprinkler protection is required for usable spaces and compartments under stairs, including bathrooms and closets. 903.3.1.3.3. Attics, crawl spaces, concealed spaces. Attics, crawl spaces, and normally unoccupied concealed spaces that do not contain fuel-fired appliances do not require sprinkler coverage. In attics, crawl spaces, and normally unoccupied concealed spaces that contain fuel-fired equipment, a sprinkler shall be installed above the equipment; however, sprinklers shall not be required in the remainder of the space. 903.3.1.3.4. Ceiling obstructions. Pendant sprinklers within 3 feet of the center of a ceiling fan, surface-mounted ceiling luminaire or similar object shall be considered to be obstructed, and additional sprinklers shall be installed. Sidewall sprinklers within 5 feet of the center of a ceiling fan, surface-mounted ceiling luminaire or similar object shall be considered to be obstructed, and additional sprinklers shall be installed. 39 199
PART 4. The City Council, following due consideration, hereby finds and determines that all the amendments, deletions, and additions to the forgoing California Building Standards Code and other codes are due to the following local conditions:
(A) Climatic

1. The City experiences periods of high temperatures accompanied by low humidity and high winds each year. The City also experiences periods of intense rainfall, which creates the need for special drainage precautions. Close proximity to the ocean may accelerate some building components to erode, corrode, decay, and expose beach homes to ocean wave force and damp corrosive microclimates.

2. During the months October through March, the City experiences wind conditions known as the “Santa Ana” winds. These very strong, hot, dry northeasterly winds considerably aid the spread of fire and create a strong possibility of a conflagration in all structures during this period. During these wind conditions, much of the Fire Department’s resources are used to combat life safety problems such as downed power lines. The Fire Department is forced to provide standby protection for extended periods because the electric utility is overloaded with high priority calls.

The Fire Department equipment used on these non-firefighting calls is, therefore, not available for response to structure fires. Thus, even a fire in one structure not immediately extinguished such as by a fire sprinkler system could spread and cause significant property damage and/or loss of life.

3. Although there are few brush or forest areas within the City, the Fire Department receives requests for aid from jurisdictions involved in firefighting these types of fires outside the City. This response leaves the City’s firefighting resources at a lower than normal level and impacts the Fire Department’s ability to promptly respond to structure fires when they occur at the same time.

4. During the hot, dry wind period, the number of outside fires, such as trash and grass fires, increases dramatically. These fires do not pose a serious threat to life or property, but do occupy firefighting resources and seriously impact the Fire Department’s ability to respond to structure fires when they occur at the same time. (B) Geological

1. The City is located in close proximity to 3 major fault systems capable of producing earthquakes ranging from 6.7 to 7.3 in magnitude, and has been determined by the State of California Seismic Hazards Mapping program to be underlain by soil layers that are prone to liquefaction failure. Special seismic design, construction, and inspection considerations must be in place to provide a reasonable degree of structural integrity for buildings constructed in these areas. Additionally, the potential for multiple fires occurring simultaneously after a large seismic event will tax available firefighting resources. Built-in fire protection will assist in extinguishing or controlling fires.

2. The City is located in an area with expansive soils, high groundwater table, and ocean frontage. Special foundation considerations and soils analysis 40 200
requirements must be in place to provide a reasonable degree of structural integrity for buildings constructed in these areas.
(C) Topographical

1. The City has flat land and waterfront developments that require special drainage and coastal precautions. Structures would be subject to water damage without special requirements addressing site drainage and coastal wave and wind forces.

2. During the rainy season, from December through April, the City is subject to flooding, making various parts of the City inaccessible to firefighting equipment on short notice. This prolongs the Fire Department’s response time to structure fires.

3. The City is on a flat, coastal plain, and is in a tsunami inundation zone.

Additionally, many of the evacuation routes from this zone pass through the City.

The arrival time of a tsunami may be predicted, but not its magnitude. Therefore, evacuation measures may be taken, but the entire area is defenseless when it strikes.

During and after a tsunami, these coastal areas will not be easily accessible to firefighting and other emergency equipment.

The City Council further finds that such amendments, deletions, and additions are necessary to best serve the public health and welfare. The City Council further finds and determines that all the amendments, deletions, and additions are also required for the reasons set forth in the Index and Summary to Model Codes and Amendments, which is attached hereto and incorporated herein as Exhibit A.

PART 5. The City Attorney, who was designated to prepare a summary of this ordinance, has determined that it is not feasible to prepare a fair and adequate summary thereof. The City Council thus orders that a display advertisement of at least one quarter page containing the information required by Government Code Section 36933(c)(2) be published in a newspaper of general circulation in the City at least five days prior to adoption of this ordinance, and another such display advertisement be similarly published within 15 days after its adoption, including the names of the Councilmembers voting for and against the ordinance. 41 201
PART 6. This ordinance was introduced for first reading on this _____day of 2022, and passed on _____________ 2022, by the following roll call vote and shall take effect thirty days after final passage.

PASSED AND ADOPTED this _____ day of ____________ 2022, by the following vote:

AYES: Councilmembers: _____
NOES: Councilmembers: _____
ABSENT: Councilmembers: _____
John C. Zaragoza, Mayor
ATTEST:

Rose Chaparro, City Clerk
APPROVED AS TO FORM:

Stephen Fisher, City Attorney
42 202

EXHIBIT A - INDEX AND SUMMARY TO THE CALIFORNIA CODES AND AMENDMENTS INDEX

CALIFORNIA CODES AND AMENDMENTS
PART 1 Repeal and reenacting of Articles of OCC 1
PART 2 Acronyms 1
PART 3 Adoption of California, International, and Uniform Codes 2 ARTICLE I. (Reserved)
Section 14-1. (Reserved)
ARTICLE II. California Building Code
Section 14-2. California Building Code Adopted. 3
Section 14-3. Amendments to the CBC. 3
A. Chapter I Division II, Section [A]101.4.4 3
B. Chapter I Division II, Section [A]103.1 3
C. Chapter I Division II, Section [A]105.2 3
D. Chapter I Division II, Section [A]105.3.2 3
E. Chapter I Division II, Section [A]107.1 4
F. Chapter I Division II, Section [A]109.2 4
G. Chapter I Division II, Section [A]110.3.12 4
H. Section 903.2. Where Fire Sprinklers are Required. 5 I. Section 1403.1. Waterproofing Weather-Exposed Areas. 5 J. Section 1505.1. Roof Covering Requirements. 5
K. Section 1507.3.1. Deck Requirements. 5
L. Section 1511.1. Re-roofing Requirements. 5
M. Section 1613.5. Amendments to ASCE 7 5
N. Section 1613.5.1. Modification to ASCE 7 Section 12.2.3.1 Exception 3 6 O. Section 1613.5.2. Modification to ASCE 7 Section 12.11.2.2.3 6 P. Section 1613.5.3. Equation 12-12.1 6
Q. Section 1704.6. Structural observations. 6
R. Section 1705.3. Special Inspection for Concrete Construction. 7 S. Section 1705.13.2. Special Inspection of Wood Shearwalls. 7 T. Section 1803.2. Geotechnical Investigations. 8
U. Section 1804.4. Site Grading. 8
V. Section 1808.7.4. Foundation Elevation. 9
W. Section 1905.1. General. 9
X. Section 1905.1.7. ACI 318 Section 14.1.4. 9
Y. Section 1905.1.9. ACI 318 Sections 18.7.5. 10
Z. Section 1905.1.10. ACI 318 Section 18.10.4. 10
AA. Section 1905.1.11. ACI 318 Section 18.12.6.2. 10
203

EXHIBIT A - INDEX AND SUMMARY TO THE CALIFORNIA CODES AND AMENDMENTS BB. Section 2304.10.2. Wood Fasteners. 10
CC. Section 2304.10.3.1. Quality of Nails. 11
DD. Section 2305.4. Hold-Down Connectors. 11
EE. Section 2306.2. Wood-Frame Diaphragms. 11
FF. Section 2306.3. Wood-Frame Shear Walls. 12
GG. Section 2307.2. Design of Wood-Frame Shear Walls. 13 HH. Table 2308.6.1. Wall Bracing Requirements. 13
II. Section 2308.6.8.1. Foundation Requirements. 13
JJ. Section 2308.6.9. Attachment of Sheathing. 13
KK. Appendix Chapter J, Section J103.2, Exception 1 14
LL. Appendix Chapter J, Section J104.1 14
ARTICLE III. California Residential Code
Section 14-4. California Residential Code Adopted. 14
Section 14-5. Amendments to the California Residential Code. 14 A. Chapter I Division II, Administration 14
B. Section R301.2.2.11. Anchorage of Components and Equipment. 14 C. Section R313. Fire Sprinklers Required. 15
D. Section R401.1. Wood Foundations Exception. 15
E. Section R403.1.2. Continuous Footing in Seismic Design Category D0, D1, and D2 15 F. Section R403.1.3.6. Delete Exemption to Continuous Footing Requirement. 15 G. Section R404.2. Wood Foundations in Seismic Design Category D0, D1, and D2. 15 H. Table R602.3.(1). Wood Staples in Panels. 15
I. Table R602.3.(2). Wood Staples in Panels. 16
J. Table R602.10.3(3). Bracing Requirements Based on Seismic Design Category. 16 K. Table R602.10.4. Use of Staples in Panels. 16
L. Section R703.1. Waterproofing. 16
M. Section R902.1. Roof Covering Materials. 17
N. Section R902.1.3. Roof Coverings in all other areas. 17 O. Appendix AH Section AH103.2. Light, ventilation and emergency egress. 17 P. Appendix AQ Section AQ106. Energy Conservation. 17
ARTICLE IV. California Green Building Standards Code
Section 14-6. California Green Building Standards Code Adopted. 18 204

EXHIBIT A - INDEX AND SUMMARY TO THE CALIFORNIA CODES AND AMENDMENTS ARTICLE V. Property Maintenance and Abatement Codes
Section 14-8. International Property Maintenance Code and Uniform Code for the Abatement of Dangerous Buildings Adopted. 18
Section 14-9. Amendments to the International Property Maintenance Code 18 A. Section 101.1. Title. 18
B. Section 103.1. Creation of Agency. 18
C. Section 201.3. Terms Defined in Other Codes. 18
D. Section 302.4. Weeds. 19
E. Section 302.8. Motor Vehicles. 19
F. Section 304.1.1. Unsafe Conditions. 19
G. Section 304.14. Insect Screens. 19
H. Section 305.1.1 Unsafe Conditions. 20
I. Section 306.1.1 Unsafe Conditions. 20
J. Section 401.3. Alternative Devices. 20
K. Section 502.5. Public Toilet Facilities. 20
L. Section 505.1. Water Systems, General. 20
M. Section 505.5.1 Abandonment of Systems. 20
N. Section 602.2. Residential Occupancies. 20
O. Section 602.3. Heating Supply. 21
P. Section 602.4. Occupiable Work Spaces. 21
Q. Section 604.3.1.1. Electrical Equipment. 21
R. Section 604.3.2.1. Electrical Equipment. 21
S. Section 702.1. Means of Egress, General. 21
T. Section 702.2. Aisles. 22
U. Section 702.3. Locked Doors. 22
V. Section 702.4. Emergency Escape and Rescue Openings. 22 W. Section 703.2. Unsafe Conditions. 22
X. Section 703.7. Vertical Shafts. 22
Y. Section 704.1. Inspection, Testing, and Maintenance. 23 Z. Section 704.1.1. Fire Protection and Life Safety Systems. 23 AA. Section 704.1.2. Required Fire Protection and Life Safety Systems. 23 BB. Section 704.1.3. Fire Protection Systems. 23
CC. Section 704.3. Systems Out of Service. 23
DD. Section 704.3.1. Emergency Impairments. 24
EE. Section 704.4.2. Removal of existing occupant-use hose lines. 24 FF. Section 704.4.3 Termination of Monitoring Service. 24 GG. Section 704.5.1. Fire Department Connection Access. 24 HH. Section 704.6.4. Smoke Detection Systems. 24
II. Section 705.1. Carbon Monoxide Alarms, General. 25
205

EXHIBIT A - INDEX AND SUMMARY TO THE CALIFORNIA CODES AND AMENDMENTS ARTICLE VI. California Historical Building Code
Section 14-10.California Historical Building Code Adopted. 25 ARTICLE VII. California Electrical Code
Section 14-11.California Electrical Code Adopted. 25
Section 14-12. Amendments to the California Electrical Code. 25 A. Article 90-10. Administration. 26
B. Article 695.3. Power Source(s) for Electric Motor-Driven Fire Pumps. 26 ARTICLE VIII. California Existing Buildings Code
Section 14-13.California Existing Buildings Code Adopted. 26 ARTICLE IX. California Mechanical Code
Section 14-14. California Mechanical Code Adopted. 26
Section 14-15. Amendment. 26
A. Chapter One, Division II - Administration. 26
ARTICLE X. California Referenced Standards Code
Section 14-16. California Referenced Standards Code Adopted. 27 ARTICLE XI. California Plumbing Code
Section 14-17. California Plumbing Code Adopted. 27
Section 14-18. Amendment. 27
A. Chapter One, Division II - Administration. 27
ARTICLE XII. California Energy Code
Section 14-19. California Energy Code Adopted. 27
ARTICLE XIII. (RESERVED)
206

EXHIBIT A - INDEX AND SUMMARY TO THE CALIFORNIA CODES AND AMENDMENTS ARTICLE XIV. (RESERVED)
ARTICLE XV. California Fire Code
Section 14-24. California Fire Code Adopted. 28
Section 14-25. Amendments. 28
A. Section [A] 101.1. Title.

B. Section [A] 103.1. Creation of Agency. 28
C. Section [A] 104.13. General. 28
D. Section 104.13.1. Cost Recovery. 28
E. Section 104.14. Stopping uses, evacuation. 29
F. Section 105.5.54, Subsection 4. Cannabis. 29
G. Section 105.5.54, Subsection 5. Wood Pallet Facilities. 29 H. Section 105.5.54, Subsection 6. Electronic Gate Access 29 I. Section [A] 112.4. Violation Penalties. 29
J. Section 202. Definitions. 29
K. Section 401.10. Immediate Reporting of a Release or Threatened Release. 30 L. Section 503.1.2.1. Difficult Apparatus Access. 30
M. Section 503.2.1. Dimensions. 30
N. Section 503.7. Electronic and Electric Access Gates. 30 O. Section 503.7.1. Battery Backup. 31
P. Section 503.7.2. Electronic and Electric Access Gates Maintenance. 31 Q. Section 503.7.3. Electronic and Electric Access Gates Maintenance Records. 31 R. Section 507.5. Fire Hydrant Systems. 32
S. Section 507.5.1.1. Hydrant for standpipe systems. 32 T. Section 901.6.3.2. System Records. 32
U. Section 903.4.2.1. Exterior Strobe. 32
V. Section 904.3.5. Monitoring. 32
W. Section 906.1, #10. Portable Fire Extinguishers. 32
X. Section 907.3.5. Fog or Smoke Emitting Systems. 32
Y. Section 907.5.2.3.5. Exterior Strobe. 33
Z. Section 3901.1. Scope. 33
AA. Section 4908 through 4908.9.1. Very High Fire Hazard Severity Zone Requirements. 33 BB. Table B105.2. 36
CC. Section D102.1. Access and loading. 36
DD. Section D103.5, #1. Fire apparatus access road gates. 36 207

EXHIBIT A - INDEX AND SUMMARY TO THE CALIFORNIA CODES AND AMENDMENTS ARTICLE XVI. Fire Sprinklers
Section 14-26. Automatic Fire Sprinkler System. 36
A. Section 903.1.2 36
B. Section 903.2 37
C. Section 903.2.1 through 903.2.21 37
D. Section 903.3.1.1.2. Deleted. 38
E. Section 903.3.1.2. 38
F. Section 903.3.1.3. 39
ARTICLE XVII. (RESERVED)
ARTICLE XVIII. (RESERVED)
ARTICLE XIX. (RESERVED)
PART 4 General Findings 40
PART 5 Publication 41
PART 6 Effective Date 42
208

EXHIBIT A - INDEX AND SUMMARY TO THE CALIFORNIA CODES AND AMENDMENTS

SUMMARY
PART 3
ARTICLE II.

CALIFORNIA AND BUILDING CODE
Section 14-2 References the adoption of the California Building Code, 2022 Edition.

Section 14-3 Amendments to the CBC.

A. Chapter 1 Division II, Section [A]101.4.4. Corrects an inaccurate administrative reference.

Finding of Need: Administrative.

B. Chapter 1 Division II, Section [A]103.1. Administrative clarification of terminology.

Finding of Need: Administrative.

C. Chapter 1 Division II, Section [A]105.2 Clarifies restrictions on items exempt from permits.

Finding of Need: Local Climatic Condition #1, Local Geological Conditions #1 and #2.

D. Chapter 1 Division II, Section 105.3.2. Modifies the time limit of permit extensions granted by the Building Official.

Finding of Need: Administrative.

E. Chapter 1 Division II, Section 107.1. Clarifies who can draw plans and prepare technical documents and when an Architect or Engineer is required.

Finding of Need: Administrative.

F. Chapter 1 Division II, Section 109.2. Clarifies how fees adopted by City Council are to be charged.

Finding of Need: Administrative.
209

EXHIBIT A - INDEX AND SUMMARY TO THE CALIFORNIA CODES AND AMENDMENTS G. Chapter 1 Division II, Section 110.3.12. Ensures that for projects that include licensing requirements from the Office of Statewide Health Planning and Development (OSHPD) are inspected by inspectors that are certified to do this type of project, and who is responsible for the cost of this work.

Finding of Need: Administrative.

H. Section 903.2. Where Fire Sprinklers are Required. This amendment provides cross-reference to the Oxnard Fire Code relating to more restrictive requirements for automatic fire sprinkler systems.

Finding of Need: Editorial reference.

I. Section 1403.1. Waterproofing Weather-Exposed Areas. Due to climatic conditions caused by the close proximity to the ocean, there is a specific need to ventilate certain areas of a building which are more clearly addressed in this amendment.

Finding of Need: Local Climatic Condition #1
J. Section 1505.1. Roof Covering Requirements. Amends the CBC to be consistent with Fire Prevention Program regulations for roof covering requirements of Class A or B roofing.

Finding of Need: Local Topographic Condition #2 and Local Climatic Conditions #’s 1,2,3, and 4 to assure public health and welfare.

K. Section 1507.3.1. Deck Requirements. Amends the CBC to ensure that the support of the roof covering, as recommended by the Structural Engineers Association.

Finding of Need: Local Topographic Condition #2 and Local Climatic Conditions #’s 1,2,3, and 4 to assure public health and welfare.

L. Section 1511.1. Re-roofing Requirements. Amends the CBC to be consistent with Fire Prevention Program regulations for roof covering requirements of Class A or B roofing.
210

EXHIBIT A - INDEX AND SUMMARY TO THE CALIFORNIA CODES AND AMENDMENTS Finding of Need: Local Topographic Condition #2 and Local Climatic Conditions #’s 1,2,3, and 4 to assure public health and welfare.

M. Section 1613.5. Amendments to ASCE 7. This amendment creates a section in the CBC for the various revisions to ASCE 7 described below.

Finding of Need: Administrative, editorial.

N. Section 1613.5.1. Values for vertical combination . The proposed modification to limit mixed structural systems to two stories, limits the impact of vertical irregularities of the structural system. Reducing the possibility for damage during an earthquake.

Finding of Need: Local Geological Condition #1.

O. Section 1613.5.2, ASCE 7 Section 12.11.2.2.3. The revision to section 12.11.2.2.3 of ASCE 7-05 strengthens and clarifies the requirements for anchorage of concrete and masonry bearing walls to wood roofs, and is intended to increase life safety by preventing failures observed in recent past earthquakes.

Finding of Need: Local Geological Condition #1.

P. Section 1613.5.3. Modification to ASCE 7 Section 12.12.3. Equation 12-12.1. The inclusion of the importance factor in this equation has the unintended consequence of reducing the minimum seismic separation distance for important facilities such as hospitals, schools, assembly occupancies, and other important structures.

Finding of Need: Local Geological Condition #1.

Q. Section 1704.6. Structural Observations. It is important to recognize that the registered design professional responsible for the structural design has thorough knowledge of the building he/she designed. By requiring the registered design professional responsible for the structural design or their designee who were involved with the design to observe the construction, the quality of the observation for major structural elements and connections that affect the vertical and lateral load resisting systems of the structure will greatly be increased.

Additional requirements are provided to help clarify the role and duties of the 211

EXHIBIT A - INDEX AND SUMMARY TO THE CALIFORNIA CODES AND AMENDMENTS structural observer and the method of reporting and correcting observed deficiencies to the building official.

Finding of Need: Local Climactic Condition #1, and Local Geological Condition #1 and #2.

R. Section 1705.3. Special Inspection for Concrete Construction. This provision limits the types of concrete construction elements that can be installed without deputy inspection and is intended to increase quality control of critical structural elements.

Finding of Need: Local Geological Conditions #1 and #2.

S. Section 1705.13.2. Special Inspection of Wood Shearwalls. Allows for an exemption to special inspection of wood shearwalls if compensating design and construction limitations are observed.

Finding of Need: Local Geological Conditions #1.

T. Section 1803.2. Investigations required. Due to soil conditions observed, special soils investigations are required.

Finding of Need: Local Geological Condition #1 and #2.

U. Section 1804.4. Site Grading. Due to the relatively flat topography of the City, additional drainage and moisture protection requirements are required.

Finding of Need: Local Climactic Condition #1, Local Topographical Condition #1.

V. Section 1808.7.4. Foundation Elevation. Due to the relatively flat topography of the City, additional drainage and moisture protection requirements are required.

Finding of Need: Local Climactic Condition #1, Local Topographical Condition #1.

W. Section 1905.1. General. Modifies the references to subsequent code sections so as to be consistent with other local code modifications contained herein.

Finding of Need: Administrative clarification relating to the scoping of this section. 212

EXHIBIT A - INDEX AND SUMMARY TO THE CALIFORNIA CODES AND AMENDMENTS X. Section 1905.1.7. ACI 318 Section 14.1.4. Amends this section to limit the use of un-reinforced or under-reinforced concrete in areas of high seismic activity so as to protect building structures and occupants from unnecessary damage.

Finding of Need: Local Geological Conditions #1 and #2.

Y. Section 1905.1.9. ACI 318 Section 18.7.5.8 and 18.7.5.9. Carries over important provisions from previous codes relating to the design of concrete columns in frames that resist seismic loads.

Finding of Need: Local Geological Condition #1.

Z. Section 1905.1.10. ACI 318 Section 18.10.4. Carries over important provisions from previous codes relating to the design of concrete shear walls.

Finding of Need: Local Geological Condition #1.

AA. Section 1905.1.11. ACI 318 Section 18.12.6.2. Carries over important provisions from previous codes relating to the design of seismic load resisting elements in concrete topping slabs.

Finding of Need: Local Geological Condition #1.

BB. Section 2304.10.2. Fastener requirements. Due to the high geologic activities in the Southern California area and the expected higher level of performance on buildings and structures, this proposed local amendment limits the use of staple fasteners in resisting or transferring seismic forces. Limited cyclic testing data was provided to the ICC Los Angeles Chapter Structural Code Committee showing that stapled wood structural shear panels do not exhibit the same behavior as the nailed wood structural shear panels. The test results of the stapled wood structural shear panels appeared much lower in strength and drift than the nailed wood structural shear panel test results. Therefore, the use of staples as fasteners to resist or transfer seismic forces shall not be permitted without being substantiated by cyclic testing. This proposed amendment is a continuation of a similar amendment adopted during previous code adoption cycles Finding of Need: Local Geological Condition #1.
213

EXHIBIT A - INDEX AND SUMMARY TO THE CALIFORNIA CODES AND AMENDMENTS CC. Section 2304.10.3.1. Quality of Nails. Ensures that nails and connectors used in seismic elements of the structure all meet minimum standards to which these elements were tested to.

Finding of Need: Local Geological Condition #1.

DD. Section 2305.4. Hold-down connectors. ICC-ES AC 155 Acceptance Criteria for Hold-downs (Tie-Downs) Attached to Wood Members is widely used to establish allowable values for hold-down connectors in evaluation reports. AC 155 uses monotonic loading to establish allowable values. Yet, cyclic and dynamic forces imparted on buildings and structures by seismic activity cause more damage than equivalent forces that are applied in a monotonic manner. However, the engineering, regulatory and manufacturing industries have not reached consensus on the appropriate cyclic or dynamic testing protocols. This amendment reflects the recommendations by the Structural Engineers Association of Southern California (SEAOSC) that investigated the poor performance observed in 1994 Northridge Earthquake. This proposed amendment is a continuation of an amendment adopted during previous code adoption cycles with additional editorial revisions for clarification.

Finding of Need: Local Geological Condition #1.

EE. Section 2306.2 Wood Structural Panel Diaphragms. Provides additional restrictions for wood structural diaphragms in areas of high seismic activity.

Finding of Need: Local Geological Condition #1.

FF. Section 2306.3. Wood-Frame Panel Shear Walls. Provides additional restrictions for wood structural shear walls in areas of high seismic activity. The Structural Engineers Association of Southern California (SEAOSC) recommended reducing allowable shear values in wood structural panel shear walls or diaphragms that were not substantiated by cyclic testing, due to finding from the 1994 Northridge earthquake.

Finding of Need: Local Geological Condition #1.

GG. Section 2307.2 Wood-frame Shear Walls. Correct reference created by amendment.

Finding of Need: Local Geological Condition #1.
214

EXHIBIT A - INDEX AND SUMMARY TO THE CALIFORNIA CODES AND AMENDMENTS HH. Table 2308.6.1 Braced Wall Line Support. With the higher seismic demand placed on buildings and structures in this region, materials for lateral bracing that have exhibited poor performance in seismic events, or that have not been demonstrated through cyclic testing to be capable of performing adequately in a seismic event, have been removed in order to improve the expected seismic performance level of buildings.

Finding of Need: Local Geological Condition #1.

II. Section 2308.6.1 Braced Wall Line Support. With the higher seismic demand placed on buildings and structures in this region, interior walls can easily be called upon to resist over half of the seismic loading imposed on simple buildings or structures. Without a continuous foundation to support the braced wall line, seismic loads would be transferred through other elements such as non-structural concrete slab floors, wood floors, etc. Requiring interior braced walls be supported by continuous foundations is intended to reduce or eliminate the poor performance of buildings or structures.

Finding of Need: Local Geological Condition #1.

JJ. Section 2308.6.9 Attachment of Sheathing. This proposed amendment is intended to improve the performance level of buildings and structures that are subject to the higher seismic demands placed on buildings or structures in this region.

Finding of Need: Local Geological Condition #1.

KK. Appendix Chapter J, Section J103.2, Exception 1. The City is very flat and there is a concern for safe drainage design; therefore, the exemptions for a grading permit were limited 150 cubic yards of earth.

Finding of Need: Local Topographical Condition #1.

LL. Appendix Chapter J, Section J104.1. Clarifies grading plan submittal requirements including final submittal media, supporting reports, number of sets, and earthwork estimate requirements.

Finding of Need: Administrative.
215

EXHIBIT A - INDEX AND SUMMARY TO THE CALIFORNIA CODES AND AMENDMENTS ARTICLE III.

CALIFORNIA RESIDENTIAL CODE
Section 14-4. References adoption of the California Residential Code, 2022 Edition.

Section 14-5. Amendments to the California Residential Code.

A. Chapter 1 Division II, Administration. Uses the administration sections already adopted in the Building code to avoid duplication.

Finding of Need: Administrative.

B. Section 301.2.2.11. Anchorage of mechanical, electrical, or plumbing components and equipment. Ensures that additional items are anchored as required in the loading provisions of ASCE 7.

Finding of Need: Local Climactic Condition #1, Local Geological Conditions #1 and #2.

C. Section R313. Where Fire Sprinklers are Required. This amendment provides cross-reference to the Oxnard Fire Code relating to more restrictive requirements for automatic fire sprinkler systems.

Finding of Need: Editorial reference.

D. Section R401.1. Wood Foundations. The proposed amendment takes the precautionary steps to reduce or eliminate potential problems that may result in using wood foundation that experience relatively rapid decay due to the fact that the region does not experience temperatures cold enough to destroy or retard the growth and proliferation of wood- destroying organisms. However, an exception is made for non-occupied, single-story storage structures that pose significantly less risk to human safety and may utilize the wood foundation guidelines specified in this Chapter.

Finding of Need: Local Geological Conditions #1 and #2, Local Topographical #1.

E. Section R403.1.2. Continuous footing in Seismic Design Categories D0, D1, and D2.

Interior walls can easily be called upon to resist over half of the seismic loading imposed on simple buildings or structures. Without a continuous foundation to support the braced wall line, seismic loads would be transferred through other elements such as non-structural concrete slab floors, wood floors, etc. Requiring 216

EXHIBIT A - INDEX AND SUMMARY TO THE CALIFORNIA CODES AND AMENDMENTS interior braced walls be supported by continuous foundations is intended to reduce or eliminate the poor seismic performance of buildings or structures.

Finding of Need: Local Geological Conditions #1 and #2.

F. Section R403.1.3.6. Isolated Concrete Footings. This amendment eliminates the use of un-reinforced concrete footings to prevent poor seismic performance and to maintain the structural integrity of the building or structure against adverse soils conditions.

Finding of Need: Local Geological Conditions #1 and #2.

G. Section R404.2. Wood foundation walls. The proposed amendment takes the precautionary steps to reduce or eliminate potential problems that may result in using wood foundation walls that experience relatively rapid decay due to the fact that the region does not experience temperatures cold enough to destroy or retard the growth and proliferation of wood-destroying organisms.

Finding of Need: Local Geological Conditions #1 and #2, Local Topographical #1.

H. Table R602.3(1). Cyclic tests conducted indicate that wood structural panels fastened with staples appeared to be much lower in strength and stiffness than wood structural panels fastened with common nails. It was recommended that the use of staples as fasteners for wood structural panel shear walls or diaphragms not be permitted to resist seismic forces in structures assigned to Seismic Design Category D0, D1 and D2 unless it can be substantiated by cyclic testing.

Finding of Need: Local Geological Conditions #1 and #2.

I. Table R602.3(2). Cyclic tests conducted indicate that wood structural panel fastened with staples appeared to be much lower in strength and stiffness than wood structural panels fastened with common nails. It was recommended that the use of staples as fasteners for wood structural panel shear walls or diaphragms not be permitted to resist seismic forces in structures assigned to Seismic Design Category D0, D1 and D2 unless it can be substantiated by cyclic testing.

Finding of Need: Local Geological Conditions #1 and #2. 217

EXHIBIT A - INDEX AND SUMMARY TO THE CALIFORNIA CODES AND AMENDMENTS J. Table R602.10.3.(3) Bracing Requirements Based on Seismic Design Category. This revision simplifies this table because California does not allow three stories conventional framing and Oxnard is composed entirely of Seismic Design Category D0, D1, and D2 per the Residential Code. Poor performance of the diagonal wood boards, structural fiberboard sheathing, gypsum board, particle board sheathing, portland cement plaster, and hardboard panel siding, during the Northridge earthquake justifies reduction or removal of these values. Limited cyclic testing provided to the ICC Los Angeles Chapter Structural Code Committee shows that stapled wood structural shear panels do not exhibit the same seismic behavior as the nailed wood structural shear panels.

Finding of Need: Local Geological Conditions #1 and #2.

K. Section R602.10.4. Braced Wall Line Support for Seismic Design Category D0, D1, and D2. Cyclic tests conducted indicate that wood structural panels fastened with staples appeared to be much lower in strength and stiffness than wood structural panels fastened with common nails. It was recommended that the use of staples as fasteners for wood structural panel shear walls or diaphragms not be permitted to resist seismic forces in structures assigned to Seismic Design Category D0, D1, and D2 unless it can be substantiated by cyclic testing.

Finding of Need: Local Geological Conditions #1 and #2.

L. Section R703.1. General. Due to climatic conditions caused by the close proximity to the ocean, there is a specific need to ventilate certain areas of a building which are more clearly addressed in this amendment.

Finding of Need: Local Climatic Condition #1
M. Section R902.1. Roofing covering materials. Amends the CRC to be consistent with Fire Prevention Program regulations for roof covering requirements of Class A or B roofing.

Finding of Need: Local Topographic Condition #2 and Local Climatic Conditions #’s 1,2,3, and 4 to assure public health and welfare.

N. Section R902.1.2. Roof coverings in all other areas. Amends the CRC to be consistent with Fire Prevention Program regulations for roof covering requirements of Class A or B roofing.
218

O. AH 103.2. Light, ventilation and emergency egress. Amends the optional chapter Appendix AH which governs Patio Covers to restore the requirements of the regular code to require that emergency egress windows to exit directly to a yard or court.

Finding of Need. Local Climatic Conditions #’s 2 and 3 and Local Geological Condition #1 to assure public health and welfare.

P. AQ 106. Energy Conservation. This section is deleted to remove conflicts caused by code references to standards that are not adopted in the State of California.

Finding of Need. Administrative.

ARTICLE IV.

CALIFORNIA GREEN BUILDING STANDARDS CODE
Section 14-6. References adoption of the California Green Building Standards Code, 2022 Edition.

ARTICLE V.

PROPERTY MAINTENANCE AND ABATEMENT CODES
Section 14-8. References adoption of the International Property Maintenance Code, 2021 Edition, and the Uniform Code for Abatement of Dangerous Buildings, 1997 Edition.

Section 14-9 Amendments to the International Property Maintenance Code.

A. Section 101.1. Title. Administrative clarification of terminology.

Finding of Need: Administrative.

B. Section 103.1. Creation of Agency. Administrative clarification of terminology.

Finding of Need: Administrative.
219

EXHIBIT A - INDEX AND SUMMARY TO THE CALIFORNIA CODES AND AMENDMENTS C. Section 201.3. Terms Defined in Other Codes. Clarifies code references for consistency.

Finding of Need: Administrative.

D. Section 302.4. Weeds. Provides necessary dimensions that are not defined in the model code.

Finding of Need: Administrative.

E. Section 302.8. Motor Vehicles. Administrative clarification of terminology.

Finding of Need: Administrative.

F. Section 304.1.1 Unsafe Conditions. Administrative clarification of code references for consistency.

Finding of Need: Administrative.

G. Section 304.14. Insect Screens. Removes seasonal dates due to lack of intemperate conditions in our local climate.

Finding of Need: Administrative.

H. Section 305.1.1. Unsafe Conditions. Administrative clarification of code references for consistency.

Finding of Need: Administrative.

I. Section 306.1.1. Unsafe Conditions. Administrative clarification of code references for consistency.

Finding of Need: Administrative.

J. Section 401.3. Alternative Devices. Administrative clarification of code references for consistency.

Finding of Need: Administrative.

K. Section 502.5. Public Toilet Facilities. Administrative clarification of code references for consistency.

Finding of Need: Administrative.
220

EXHIBIT A - INDEX AND SUMMARY TO THE CALIFORNIA CODES AND AMENDMENTS L. Section 505.1. General. Administrative clarification of code references for consistency..

Finding of Need: Administrative.

M. Section 505.5.1 Abandonment of Systems. Administrative clarification of code references for consistency.

Finding of Need: Administrative.

N. Section 602.2. Residential Occupancies. Administrative clarification of code references for consistency.

Finding of Need: Administrative.

O. Section 602.3. Heating Supply. Removes seasonal dates due to lack of intemperate conditions in our local climate.

Finding of Need: Administrative.

P. Section 602.4. Occupiable Work Spaces. Administrative clarification of code references for consistency.

Finding of Need: Administrative.

Q. Section 604.3.1.1. Electrical Equipment. Administrative clarification of code references for consistency.

Finding of Need: Administrative.

R. Section 604.3.2.1. Electrical Equipment. Administrative clarification of code references for consistency.

Finding of Need: Administrative.

S. Section 702.1. General. Administrative clarification of code references for consistency.

Finding of Need: Administrative.

T. Section 702.2. Aisles. Administrative clarification of code references for consistency.

Finding of Need: Administrative.

U. Section 702.3. Locked Doors. Administrative clarification of code references for consistency..
221

EXHIBIT A - INDEX AND SUMMARY TO THE CALIFORNIA CODES AND AMENDMENTS Finding of Need: Administrative.

V. Section 702.4. Emergency Escape and Rescue Openings. Administrative clarification of code references for consistency.

Finding of Need: Administrative.

W. Section 703.2. Unsafe Conditions. Administrative clarification of code references for consistency.

Finding of Need: Administrative.

X. Section 703.7. Vertical Shafts. Administrative clarification of code references for consistency.

Finding of Need: Administrative.

Y. Section 704.1 Inspection, Testing and Maintenance. Administrative clarification of code references for consistency..

Finding of Need: Administrative.

Z. Section 704.1.1. Fire Protection and Life Safety Systems. Administrative clarification of code references for consistency.

Finding of Need: Administrative.

AA. Section 704.1.2. Required Fire Protection and Life Safety Systems. Administrative clarification of code references for consistency.

Finding of Need: Administrative.

BB. Section 704.1.3. Fire Protection Systems. Administrative clarification of code references for consistency.

Finding of Need: Administrative.

CC. Section 704.3. Systems Out of Service. Administrative clarification of code references for consistency.

Finding of Need: Administrative.
222

EXHIBIT A - INDEX AND SUMMARY TO THE CALIFORNIA CODES AND AMENDMENTS DD. Section 704.3.1. Emergency Impairments. Administrative clarification of code references for consistency.

Finding of Need: Administrative.

EE. Section 704.4.2. Removal of existing occupant-use hose lines. Administrative clarification of code references for consistency.

Finding of Need: Administrative.

FF. Section 704.4.3. Termination of Monitoring Service.. Administrative clarification of code references for consistency.

Finding of Need: Administrative.

GG. Section 704.5.1. Fire Department Connection Access. Administrative clarification of code references for consistency.

Finding of Need: Administrative.

HH. Section 704.6.4. Smoke Detection System. Administrative clarification of code references for consistency.

Finding of Need: Administrative.

II. Section 705.1. General. Administrative clarification of code references for consistency..

Finding of Need: Administrative.

ARTICLE VI.

CALIFORNIA HISTORICAL BUILDING CODE
Section 14-10. References adoption of the California Historical Building Code, 2022 Edition.

ARTICLE VII.

CALIFORNIA ELECTRICAL CODE
Section 14-11.References adoption of the California Electrical Code, 2022 Edition.

Section 14-12 Amendments to the California Electrical Code. 223

EXHIBIT A - INDEX AND SUMMARY TO THE CALIFORNIA CODES AND AMENDMENTS A. Article 90-10. Administration. The administrative provisions for the CEC shall be those in Article II of this chapter.

Finding of Need: Administrative.

B. Article 695.3 Power Source(s) for Electric Motor-Driven Fire Pumps. Clarifies the requirements for a reliable source of power for fire pumps.

Finding of Need: Local Climatic Conditions #2, #3, #4 and Local Geological Condition #1.

ARTICLE VII.

CALIFORNIA EXISTING BUILDING CODE
Section 14-13. References adoption of the California Historical Building Code, 2022 Edition.

ARTICLE IX.

CALIFORNIA MECHANICAL CODE
Section 14-14.References adoption of the California Mechanical Code, 2022 Edition.

Section 14-15.Amendments to the California Mechanical Code.

A. Chapter One, Division II– Administration. The administrative provisions for the CMC shall be those in Articles I and II of this chapter.

Finding of Need: Administrative.

ARTICLE X.

CALIFORNIA REFERENCED STANDARDS CODE
Section 14-16. References adoption of the California Referenced Standards Code, 2022 Edition.

ARTICLE XI.

CALIFORNIA PLUMBING CODE
Section 14-17 References adoption of the California Plumbing Code, 2022 Edition.

Section 14-18 Amendments to the California Plumbing Code. 224

EXHIBIT A - INDEX AND SUMMARY TO THE CALIFORNIA CODES AND AMENDMENTS A. Chapter One, Division II– Administration. The administrative provisions for the CPC shall be those in Articles I and II of this chapter.

Finding of Need: Administrative.

ARTICLE XII.

CALIFORNIA ENERGY CODE
Section 14-19 References adoption of the California Energy Code, 2022 Edition.

ARTICLE XV.

CALIFORNIA FIRE CODE
SEC. 14-24. References Adoption of the California Fire Code, 2022 Edition.

SEC. 14-25. Amendments to the California Fire Code.

A. Section 101.1. Title. Administrative reference to the Fire Code of the City of Oxnard.

Finding of Need: Administrative.

B. Section 103.1. Creation of agency. Administrative reference to the Oxnard Fire Prevention Bureau and the fire code official.

Finding of Need: Administrative.

C. Section 104.12. General. This amendment allows the fire code official to issue orders with regard to a lot or parcel if there exists a fire hazard thereon.

Finding of Need: Administrative.

D. Section 104.12.1. Cost Recovery. This addition allows the fire code official to seek cost recovery due to willful or negligent acts, or violations of Fire or Building Codes that result in an emergency response.

Finding of Need: Administrative.

E. Section 104.13. Stopping uses, evacuation. This addition allows the fire code official to stop a use or order an evacuation if there is a hazardous condition or situation which presents a hazard to life or property.

Finding of Need: Administrative.
225

EXHIBIT A - INDEX AND SUMMARY TO THE CALIFORNIA CODES AND AMENDMENTS F. Section 105.5.54. Cannabis. This addition clarifies that an operational permit is required for specified cannabis related uses.

Finding of Need: Administrative.

G. Section 105.5.54. Wood and Wood Composite Pallet Manufacturing and Recycling Facilities. This addition clarifies that an operational permit is required for specified uses.

Finding of Need: Administrative.

H. Section 105.5.54. Electronic Gate Access. This addition clarifies that an operational permit is required for electronic and electric gates.

Finding of Need: Administrative.

I. Section 112.4. Violation Penalties. This amendment specifies violation penalties for various fire code offenses.

Finding of Need: Administrative.

J. Section 202, Definitions. This section adds and amends definitions for clarity and consistency.

Finding of Need: Administrative.

K. 401.10 Immediate Reporting of a Release or a Threatened Release. This section adds reporting requirements for a release or threatened release.

Finding of Need: Administrative.

L. Section 503.1.2.1. Difficult Apparatus Access. This added section clarifies the authority to require enhanced fire protection due to difficult access conditions.

Finding of Need: Administrative, Climatic #2, #3, #4, and Topographical #2, #3.

M. Section 503.2.1. Dimensions. This amendment clarifies fire apparatus access dimensions.

Finding of Need: Administrative, Climatic #2, #3, #4, and Topographical #2, #3.

N. Section 503.7. Electronic and Electric Access Gates. This added section clarifies the requirements for electronic and electric access gates.

Finding of Need: Administrative, Climatic #2, #3, #4, and Topographical #2, #3. 226

EXHIBIT A - INDEX AND SUMMARY TO THE CALIFORNIA CODES AND AMENDMENTS O. Section 503.7.1 Battery Backup. This added section clarifies the requirements for electronic and electric access battery backup systems.

Finding of Need: Administrative, Climatic #2, #3, #4, and Topographical #2, #3.

P. Section 503.7.2 Electronic and Electric Access Gates Maintenance. This added section clarifies the requirements for electronic and electric access gate maintenance.

Finding of Need: Administrative, Climatic #2, #3, #4, and Topographical #2, #3.

Q. Section 503.7.3 Electronic and Electric Access Gates Maintenance Records. This added section clarifies the requirements for electronic and electric access gate maintenance records.

Finding of Need: Administrative.

R. Section 507.5. Fire Hydrant systems. This amendment clarifies the standards for fire hydrant systems.

Finding of Need: Administrative, Climatic #2, #3, #4, and Topographical #2, #3.

S. Section 507.5.1.1 Hydrant for standpipe systems. This amendment allows the fire code official to set requirements consistent with the current operational requirements of the Fire Department’s apparatus.

Finding of Need: Administrative, Climatic #2, #3, #4, and Topographical #2, #3.

T. Section 901.6.3.2 System Records. This section sets requirements for maintenance recordkeeping consistent with the requirements of the Fire Department for electronic recordkeeping.

Finding of Need: Administrative.

U. Section 903.4.2.1 Exterior Strobe. This requirement facilitates fire-fighting personnel in locating the correct building in alarm more quickly, especially in inclement conditions.

Finding of Need: Administrative, Climatic #2, #3, #4, and Topographical #2, #3.

V. Section 904.3.5 Monitoring. This requirement facilitates firefighting by enabling fire extinguishing system notification more quickly.

Finding of Need: Administrative, Climatic #2, #3, #4, and Topographical #2, #3. 227

EXHIBIT A - INDEX AND SUMMARY TO THE CALIFORNIA CODES AND AMENDMENTS W. Section 906.1, #10. This amendment allows the fire code official discretion in dealing with the placement of fire extinguishers in high theft areas.

Finding of Need: Administrative.

X. Section 907.3.5. Fog or Smoke Emitting Systems. This requirement provides for firefighting personnel protection and facilitates a more rapid response to building interiors for firefighting.

Finding of Need: Administrative, Climatic #2, #3, #4, and Topographical #2, #3.

Y. Section 907.5.2.3.5. Exterior Strobe. This requirement facilitates fire-fighting personnel locating the correct structure more quickly where the alarm has been triggered, especially in inclement conditions.

Finding of Need: Administrative, Climatic #2, #3, #4, and Topographical #2, #3.

Z. Section 3901.1 Scope. This requirement clarifies scoping and standards for plant cultivation, processing, and extraction.

Finding of Need: Administrative.

AA. Sections 4908 through 4908.9.1. These sections are being added to implement the Very High Fire Hazard Severity Zone requirements specific to Oxnard.

Finding of Need: Administrative, Climatic #2, #3, #4, and Topographical #2, #3.

BB. Section B105. This ensures that sufficient water is available for firefighting, in concordance with fire department and water department operational guidelines.

Finding of Need: Administrative, Climatic #2, #3, #4, and Topographical #2, #3.

CC. Section D102.1 Access and loading. This amendment allows the fire code official to set requirements consistent with the current operational requirements of the Fire Department’s apparatus, and facilitates timely response of available apparatus.

Finding of Need: Administrative, Climatic #2, #3, #4, and Topographical #2, #3.

DD. Section D103.5 #1. Gate width. This amendment allows the fire code official to set requirements consistent with the current operational requirements of the Fire Department’s apparatus, and facilitates timely response of available apparatus.

Finding of Need: Administrative, Climatic #2, #3, #4, and Topographical #2, #3. 228

EXHIBIT A - INDEX AND SUMMARY TO THE CALIFORNIA CODES AND AMENDMENTS ARTICLE XV. FIRE SPRINKLERS
SEC. 14-26. FIRE SPRINKLERS This section adopts modifications to the California Code relating to Fire Sprinkler requirements.

A. Section 903.1.2. This amendment clarifies definition(s) for consistency in the application of this code.

Finding of Need: Administrative
B. Section 903.2. This amendment updates Fire Code requirements regarding fire sprinkler systems to clarify and enhance threshold requirements for fire sprinkler system coverage.

Finding of Need: Administrative, Climatic #2, #3, #4; Geological #1; Topographical #2, #3 C. Sections 903.2.1 through 903.2.21. This amendment updates Fire Code requirements regarding fire sprinkler systems to clarify and enhance threshold requirements for fire sprinkler system coverage.

Finding of Need: Administrative, Climatic #2, #3, #4; Geological #1; Topographical #2, #3 D. 903.3.1.1.2 Bathrooms. This amendment updates Fire Code requirements regarding fire sprinkler systems to clarify and enhance threshold requirements for fire sprinkler system coverage.

Finding of Need: Administrative, Climatic #2, #3, #4; Geological #1; Topographical #2, #3 E. Section 903.3.1.2. This amendment updates Fire Code requirements regarding fire sprinkler systems to clarify and enhance threshold requirements for fire sprinkler system coverage.

Finding of Need: Administrative, Climatic #2, #3, #4; Geological #1; Topographical #2, #3 F. Section 903.3.1.3. This amendment updates Fire Code requirements regarding fire sprinkler systems to clarify and enhance threshold requirements for fire sprinkler system coverage.

Finding of Need: Administrative, Climatic #2, #3, #4; Geological #1; Topographical #2, #3 229
Ordinance Adopting and Modifying
The 2022 California Building Standards
Codes, International and Uniform Codes.

Jeff Pengilley, Assistant Director of Community Development City Council
November 1, 2022
230

BACKGROUND
● The State of California updates the building regulations contained in the California Building Standards Code every three years. The current code is the 2019 version which took effect on January 1, 2020.
● The 2022 California Building Standards Code will become effective on January 1, 2023.
● State Codes are based on model codes published by the International Code Council, National Fire Protection Agency, the International Association of Plumbing and Mechanical Officials, and other referenced Standards.
● State Agencies modify these model codes to comply to State laws and other California mandates.
● This Ordinance also adopts the 2021 International Property Maintenance Code, and the 1997 Uniform Code for the
Abatement of Dangerous Buildings.
2 231
BACKGROUND 3
The California Building Standards Code includes the
following:
● California Building Code
● California Residential Code
● California Green Building Code
● California Electrical Code
● California Mechanical Code
● California Plumbing Code
● California Fire Code
● California Energy Code
● California Historical Code, Administrative Code, and others. 232
Local Amendments
Local jurisdictions may make amendments to the California Building Standards Code based on specific findings:
● Administrative
■ Amendments that relate to code administration, titles, etc. ● Technical - Climatic, Geological, and Topographical
Amendments based on findings that relate to local
conditions.
■ Local Seismic Conditions and associated hazards such
as liquefaction
■ High ground water table
■ High clay content soils
■ Santa Ana winds and the associated fire hazards
■ Flat topography prone to flooding.
■ Beachfront construction
4 233
Local Amendment Highlights
● Local seismic and weather protection modifications:
➢ Provisions to ensure people’s dwelling and other structures do not flood in a heavy rain storm - minimum foundation elevations and grading criteria for drainage away from structures. ➢ Modifications to seismic design regulations due to Oxnard’s high Seismic Design Category - implements numerous ongoing post-Northridge earthquake code modifications and simplifies the prescriptive design requirements.
● Fire Protection:
➢ Adoption of fire sprinkler requirements
➢ Adoption of regulations for Very High Fire Hazard Severity Zones
➢ Clarifications for fire access gates, hydrants, portable fire extinguishers, operational permits, etc.
5 234
Local Amendment Highlights
● Administrative:
➢ How long a permit or plan check is active - provides additional time for a permit extension.
➢ Items exempt from permits & plan submittal requirements - slightly reduces fence and retaining wall heights allowed without permits; allows the Building Official to require a licensed engineer or architect where the nature of the work warrants a licensed professional; allows for the Building Official to require soils/geotechnical reports, structural calculations, and other supporting documents for a project.
➢ Clarifies the name of the enforcement agency
➢ Permit fees and other administrative items - clarifies that plan check and permit fees are calculated as adopted by the Oxnard City Council.
6 235
Recommendation
That City Council:

Approve the first reading by title only and subsequent adoption of an ordinance repealing and reenacting Articles II through XII, XV, and XVI of Chapter 14 of the Oxnard City Code, pertaining to the California Building Code, California Residential Code, California Green Building Standards Code, International Property
Maintenance Code, Uniform Code for the Abatement of Dangerous Buildings, California Historical Building Code, California Electrical Code, California Existing Building Code, California Mechanical Code, California Referenced Standards Code, California Plumbing Code, California Energy Code, Fire Codes, and Fire Sprinklers. 7 236
End of Presentation
237

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. L.1
DATE: November 1, 2022
TO: City Council
FROM: Phillip Molina, City Treasurer, (805) 385-7808, [email protected] SUBJECT: City Treasurer’s Monthly Investment Report for the Period Ending September 30, 2022. (10 minutes)

RECOMMENDATION
That the City Council receive and file the report.

Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/57AChjDDsDw

BACKGROUND
The City of Oxnard’s September 2022 investment report will be brief this reporting period and is required to be submitted to the City Clerk and the City Council pursuant to California Government Code section 53646 and the Investment Policy adopted by the City Council.

But first, I wish to give a special thanks to the city staff without whose assistance this report could not be generated. This report does not show the fund balances, disbursements, or total receipts of the City of Oxnard, because the Oxnard Municipal Code identifies the Oxnard Finance Department is charged with producing that information. This report does reflect the monthly investment information in a similar format that has been presented in previous months along with the amounts in the Bank statements as of September 30, 2022. The following data is included in this report.

For the month of September, the investment portfolio earned an estimated $436,380.63 including LAIF and the Ventura County Investment Pool, and an efficiency rating of 94%.

Not in this sequence, it is our intention to show the public, the Mayor, and City Council the amounts in each city bank account so that you can see the percentage of available cash to the amount actually invested. You will notice the large buildup of cash in the bank account for the city’s general business. This is the result of the anticipated Federal payments, and it is the intent of the Treasurer to greatly increase the amount of cash invested so that once again it exceeds 90%. For September we were at 1.56% and have exceeded our goal.

Next, we will show you in a bar chart the amounts invested separated by their maturity date or year. This will allow you to see the ladder or spread of the investments in order to generate a higher return. Third, we explain the cash flows over the last 15 months so you can judge the management of the cash and determine whether there are periods during the year when more money is available for a short period, overnight investments versus 2-, 3-, 4-, or 5-year maturities. Fourth, we will show you the daily cash position for September 30, 2022, so that you can see how the Treasurer’s department reviews our cash balances every day to assure that the city has enough liquidity to cover its obligations.

And next, we make available the detailed list of every investment that the city currently holds as of the last day of September 31, 2022, upon request.
238
This information is being provided to you using both charts and graphs. The charts are presented so that the Mayor, Council, and the public can begin to see the actual amounts in the city’s bank accounts at Bank of America. The graphs are created in order to show trends and relationships that are best understood in that method of presentation. So, while this report is brief in the number of pages, we hope to respond to any questions you may have.

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

FINANCIAL IMPACT
The City’s total amount invested as of September 30, 2022, at an estimated market value was $349,936.709.20 purchased at a tax cost of $375,418,077.50. Because the upward movement in the GSE market interest rates produces greater earnings, it also results in an estimated net market loss if we had to sell the older lower-yielding instruments in the market today.

In a market (the city’s policy requires a risk-free rate of return) of fixed interest rates, any instrument purchased today will decrease in value as the interest rates increase and vice versa. However, with a passive portfolio, one where we intend to hold each instrument until it matures, we can expect to receive the PAR or Face value when we sell back each individual GSE (government-sponsored enterprise bond) or CD so that there would be no market loss.

USBank’s tax costs and PAR/Face Value
Cash balances on the 30th day of September 2022 in each authorized city bank account with Bank of America totaled $26,694,886.22 in the four Bank of America accounts.
(Per Bank Statements as of September 30, 2022)
The investments have a par value of $ 375,310,000. Some were purchased months or years earlier and during the period of controlled GSE interest rates set by the former President. To provide a greater return, we can try to reduce the amount invested with LAIF and spread that over the 2,3,4, and 5- year terms. Recently, LAIF was generating an average return that is now moving upward with the City’s average portfolio return. LAIF’s September average apportionment rate was

1.27%, which is less than the current GSE (government-sponsored enterprise) rates and less than our average portfolio yield. Reducing the amount in LAIF would produce greater returns. However, doing so would also reduce the liquidity of the portfolio.

Estimated market value
The major portfolio’s average current earnings have a yield on a 365-day basis of 1.56% year to date. Based on the face value of the investments, using the average portfolio yield for estimating the amount of interest earnings for the month of September produces estimated interest earnings with an annual total of $ 5,236,567.50 million:
239
Estimated annual and monthly earnings
Now, when we look back at the monthly cash flows of the recent years, we found that the month with the highest cash outflow was in 2018 with a one-month outflow of $37.4 million. And the fact that we have $65 million invested in LAIF and $31 million in the Ventura County Investment Pool, which can be drawn down within one day, means there should be no normal condition that would require the Treasurer to sell investments before their maturity. Before we reveal the details, we want to know the level of efficiency in our investment team. But first, we look to see how much cash is available, and how much cash is invested to determine the efficiency of the team. The goal is to invest 100% of the available cash, and we know that for normal/average operations we should retain a daily balance of $3-5 million in the bank accounts. For the month of September, our efficiency rating is 94%.

Efficiency rating
The daily cash report for the last working day in September shows sufficient available cash to satisfy the city’s booked short-term obligations.

I reviewed the daily cash report showing $21,321,639.71 in the General Bank account and $4,484,055.72 in the CDC bank account.

DAILY CASH POSITION WORKSHEET - GENERAL ACCOUNT
DATE: 09/29/22
CREDIT

ESTIMATE

DESCRIPTION
Collected/Closing Available Balance21,077,315.11 As of 09/28/22 1 Day Float 462,178.10 As of 09/28/22
Credit Cards-C2G/OTC 78,809.73
Auto Pay 71,165.45
Other 82,213.15 Co of Vta
Other 15,282.24 FEMA
Other
TOTAL CREDITS $ 21,786,963.78

DEBIT ESTIMATE
Accounts Payable to Clear 300,000.00
Other 165,324.07 Supp
Retirement
TOTAL DEBITS $ 465,324.07
GENERAL ACCOUNT BALANCE$ 21,321,639.71
SUCCESSOR AGENCY $ 4,484,055.72
LAIF $ 57,000,000.00
VCIP $ 31,000,000.00
The bar chart below shows the maturities of the City’s investment portfolio and reflects the fact that, as our older instruments are being called early, we find the need to acquire shorter-term notes, but not unless we can guarantee a rate of .79 % or higher as explained above.
240
Details of investments are available upon request.

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Phillip Molina, City Treasurer

ATTACHMENTS
None
241

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. L.2
DATE: November 1, 2022
TO: City Council
FROM: Betsy George, Chief Financial Officer, (805) 200-5400, [email protected] Alexander Hamilton, Fire Chief, (805) 385-7700, [email protected] SUBJECT: Purchase and Financing of Two Fire Engines. (20 Minutes)

RECOMMENDATION
That the City Council:

1. Approve and authorize the execution of a Purchase Order with South Coast Emergency Fire Equipment for the purchase of two fire engines; and

BACKGROUND
The Oxnard Fire Department (OFD) is an all-hazards agency, providing response for a full range of emergency and nonemergency services to the community. These services include but are not limited to, fire suppression, Urban Search and Rescue, emergency medical service, hazardous materials response, vehicle and industrial accident response, ocean and surf rescue, public fire and life safety education, fire investigation, regulation of hazardous material uses, disaster preparedness and inspection of new construction. In calendar year 2022, OFD responded to 19,227 calls for service. The OFD fleet consists of eight frontline and six reserve fire engines.

On June 21, 2022, City Council approved the FY22/23 Operating and Capital Improvement Budget that included $2,000,000 in Lease Purchase allocation for the purchase of two fire engines. The two new engines will replace E63 and E85 as frontline apparatus, allowing the older engines to be moved to reserve status. The average mileage for the engines to be replaced is currently 115,500. However, with a three year anticipated build time, there may be an additional 25,000 or more miles traveled per apparatus by the time of replacement. Placing the engines into reserve status will allow the retirement of one reserve status engine that has exceeded the National Fire Protection Association 1901 Standard for Automotive Fire Apparatus suggestions that a fire engine service life not exceed 25 years; by the time the engine is removed from service, it will be 28 years of age with an excess of 131,000 miles. Engine 166 will also be removed from service at 20 years of age and 175,000 miles in 2025.

The City has a positive prior relationship with Banc of America and has used Banc of America to finance equipment 242
purchases several times since 2014. The City Council previously approved a Master Equipment Lease Agreement A7667, and staff executed the agreement on June 17, 2014. Banc of America Public Capital Corp has approved the attached Master Equipment Lease Purchase Agreement (“Master Lease”) with the City, which operates similar to a line of credit. Each equipment purchase functions like a draw on the line of credit and is authorized through Equipment Schedules.

DISCUSSION
Authorizing the Purchase of Fire Engines
The OFD engine fleet currently consists of eight frontline and six reserve engines. The frontline engines are assigned one per station and are dispatched to emergencies based on the closest resource. Reserve engines are placed in service when a frontline engine is being repaired or when additional staffing is required for mutual aid response or preventative increase in staffing due to a weather event or other known issue in the City or larger operational area.

The City does not currently have a vehicle replacement plan for fire engines. However, practice at Los Angeles Fire Department is to replace frontline apparatus after 10 years of service and both Ventura County and Ventura City replace apparatus after 12 years. Currently five of Oxnard frontline engines are 12 to 17 years old with respective mileage between 103,719 to 150,318 miles with three replacement engines on order that have an anticipated delivery date of Spring 2024.

Fire engines are customized vehicles that may take up to three years to assemble. The current estimated delivery time for this order is 31 months (June 2025). The two engines identified to be moved to reserve status are E63 and E85. These engines responded to an average of 2,570 calls in 2021. It can be assumed by the time the new vehicles are assembled, each frontline engine will log an additional 25,000 miles. Once E63 and E85 are moved to reserve status, fire engines 166 and 168 will be removed from service in the fire fleet. Once removed from the active fleet, the apparatus will either be donated for use by Oxnard’s Sister City in Ocotlan, Mexico or a local fire academy to be used in the education and training of future firefighters. If, by chance, a recipient for donation cannot be found, reserve engines 166 and 168 can be submitted for sale at auction.

The following table identifies the eight frontline and six reserve fire engines that are currently in service. The chart reflects the recommended status updates based on the delivery of the three engines ordered in January 2021 and two engines to be ordered on November 2, 2022, subject to review of maintenance costs and service status by Fleet Services and the Fire Department at time of delivery.

Frontline Engines
Number Replacement Status Model Year Age (Years) Manufacturer Current Mileage E81 N/A 2019 3 Pierce 24,678
E62 Move to reserve in Spring
2024
2009 13 Pierce 125,216
E63 Move to reserve in Fall
2024
2010 12 Pierce 120,326
E84 Move to reserve in Spring
2024
2009 13 Pierce 150,318
E85 Move to reserve in Fall
2024
2010 12 Pierce 103,719
E66 N/A 2019 3 Pierce 25,472
E87 Move to reserve in Spring
2024
2005 17 Pierce 116,967
E68 N/A 2015 7 Pierce 73,134
243
Reserve Engines
Number Replacement Status Model Year Age (Years) Manufacturer Current Mileage E181 N/A 2005 17 Pierce 131,413
E162 Remove from fleet in
Spring 2024
1997 25 Seagrave 151,300
E163 Remove from fleet in
Spring 2024
1997 25 Seagrave 197,310
E185 Remove from fleet in
Spring 2024
1997 25 Seagrave 170,562
E166 Remove from fleet in Fall
2024 possibly up to Spring
2025
2005 17 Pierce 140,029
E168 Remove from fleet in Fall
2024 possibly up to Spring
2025
1997 25 Seagrave 131,018
Pursuant to City of Oxnard Ordinance Number 2943, adopted June 19, 2018, the use of cooperative purchasing, whereby multiple government agencies, cooperative entities, or jurisdictions enter into a contract to procure from each other or to collectively procure a vendor, contractor or consultant is permitted. For the procurement of the two engines, South Coast Fire Equipment will represent Pierce Fire Engines utilizing Houston-Galveston Area Council (H-GAC) cooperative pricing; contract FS12-19 is effective from April 1, 2020, to May 31, 2024.

OFD, in partnership with Oxnard Fleet Services and South Coast Fire Equipment, have worked hand in hand to customize the fire engine built to incorporate a “clean cab design.” The clean cab design is one step in the commitment OFD has made to reduce personnel exposure to carcinogens. As cancer is the leading cause of firefighter deaths, the Department is dedicated to taking cancer prevention measures in the designs of future apparatus, stations, and PPE. Fire engine manufacturers have increased pricing over the past two years, and Pierce is no exception. Pierce increased the price by 7% on February 1, 2022, and will have an additional 7% increase in November 2022. Competitors of Pierce have increased their prices up to 15% in the same time frame.

The purchase of two additional Pierce fire engines assists in maintaining a fleet of fire engines that are at the forefront of fire service industry standards. The purchase of these Pierce fire engines will also continue to allow consistency to OFD personnel who operate from these fire engines 24 hours a day every day of the year and the fleet personnel that ensure they are mechanically response ready. Having apparatus that operate the same, store tools and equipment in the same locations and require similar maintenance all contribute to the safest and most efficient emergency response for the residents and business owners within the City of Oxnard.

South Coast Fire Equipment has provided a price quote of $995,231.14 per engine including tax, bond, and fees; $1,990,462.28 total. This amount represents two cost savings strategies employed by City staff. First, Pierce plans to increase prices by approximately 6% after November 1, 2022. Accordingly, staff anticipate bringing the purchase item before Council on November 1st and then signing the purchase agreement on the evening of November 1st. This action is expected to save the City approximately $145,000. The second cost savings strategy employed by City staff is a 100% prepayment when the engines are ordered. This results in $78,000 in savings to the City. Combined, these two strategies are estimated to save the City approximately $223,000 in purchase costs.

Authorization of Financing
It is staff’s intention to enter into an equipment financing to reimburse the City for the upfront cost of these engines.

Pending City Council approval, the City will utilize the existing Master Lease with Banc of America. This master lease 244
has been in place since 2014, and the City has financed several vehicles over the years. Each financing is considered a “draw” on the Master Lease and is designed as an Equipment Schedule. The current draw for the two fire engines is Equipment Schedule No. 26.

Staff anticipates that funds will be drawn from Equipment Schedule No. 26 in mid-November 2022. Consistent with the City’s other equipment leases, staff will submit reimbursement requests to withdraw funds from the escrow for the Equipment Schedule No. 26 to reimburse the City once the authorized equipment has been purchased, delivered, and paid for.

Banc of America has provided a locked, 10-year fixed interest rate of 3.694%. Locking the interest rate removes the risk that interest rates will go up between now and mid-November when the financing is expected to close.

The documents related to this financing are the original Master Equipment Lease/Purchase Agreement, Equipment Schedule No. 26, and the Escrow and Account Control Agreement. Those documents are summarized below:

Master Equipment Lease/Purchase Agreement – this document was approved by the City Council back in 2014. The terms of this document are not changing, but this agreement governs the terms underlying all of the City’s outstanding Equipment Schedules with Banc of America.

Equipment Schedule No. 26 – This document identifies the specific terms for the financing of two fire engines. This document identifies the specific amortization schedule, interest rate, and prepayment provisions for this equipment lease.

Escrow and Account Control Agreement – This agreement between the City, Banc of America and Computershare Trust Company, N.A, (“Escrow Agent”) outlines the process by which the Escrow Agent will disburse the funds from the escrow to the City to reimburse the City for costs associated with the purchase of the vehicles and for costs associated with entering into the equipment lease.

Based on good faith of closing costs, the principal amount of Equipment Schedule No. 26 is $2,035,000. The principal includes the $1.990 million cost of the equipment plus approximately $44,000 in estimated financing/closing costs. Staff is requesting approval of an aggregate principal amount not to exceed $2.1 million dollars to allow for revised closing costs and other nominal unforeseen costs.

FINANCIAL IMPACT
The total cost for two engines is $1,990,462.28. The Fiscal Year 2022-23 budget includes an appropriation and lease proceeds of $2,000,000 in the Lease Purchase Equipment Fund (313)/Project 232201. Annual payments for the engines under the lease purchase will be included in future budget requests.

The cost to upfit and equip an engine to be response ready is approximately $181,500 per apparatus. Upfitting will take place once the engines have been built, which is estimated to be two and half years, 31 months, from the placement of the order. The Fire Department will request funds for upfitting to be allocated in the Fiscal Year 2024/25 Operating Budget.

Equipment leases provide an option for the City to make critical equipment purchases under favorable financing conditions. In addition, this lease allows the City to finance equipment over the expected life of the equipment rather than fronting the cost. Based on the locked, fixed 10-year interest rate of 3.694% for the financing, there will be $128,000 combined principal and interest payments every 6 months ($256,000 per fiscal year) through the final maturity of June 1, 2032.

GOOD FAITH ESTIMATES
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The good faith estimates set forth herein are provided with respect to Equipment Schedule No. 26 in accordance with California Government Code Section 5852.1. Such good faith estimates have been provided to the City by the Municipal Advisor as of October 13, 2022.

Principal Amount. The Municipal Advisor has informed the City that, based on the City’s purchase agreements, financing plan, and current market conditions, its good faith estimate of the aggregate principal amount of Equipment Schedule No. 26 is $2,035,000, (the “Estimated Principal Amount”).

True Interest Cost of Equipment Schedule No. 26 . The Municipal Advisor has informed the City that, assuming that the Estimated Principal Amount of Equipment Schedule No. 26, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the true interest cost of Equipment Schedule No. 26 is 3.69%.

Finance Charge of Equipment Schedule No. 26 . The Municipal Advisor has informed the City that, assuming that the Estimated Principal Amount of Equipment Schedule No. 26, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the finance charge for Equipment Schedule No. 26, which means the sum of all fees and charges paid to third parties (or costs associated with Equipment Schedule No. 26), is $44,538.

Amount of Proceeds to be Received. The Municipal Advisor has informed the City that, assuming that the Estimated Principal Amount of Equipment Schedule No. 26, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the amount of proceeds expected to be received by the City for Equipment Schedule No. 26 is $1,990,462.

Total Payment Amount. The Municipal Advisor has informed the City that, assuming that the Estimated Principal Amount of Equipment Schedule No. 26, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the total payment amount, which means the sum total of all payments the City will make to pay debt service on Equipment Schedule No. 26 is $2,435,379, which excludes any reserves or capitalized interest paid or funded with proceeds of Equipment Schedule No. 26 (which may offset such total payment amount).

The foregoing estimates constitute good faith estimates only as of October 13, 2022, and are based on market conditions prevailing at the time of preparation of such estimates. The actual principal amount of Equipment Schedule No. 26, the true interest cost thereof, the finance charges thereof, the amount of proceeds received therefrom and total payment amount with respect thereto may differ from such good faith estimates due to (a) the actual closing date of Equipment Schedule No. 26 being different than the date assumed for purposes of such estimates, (b) the actual principal amount of Equipment Schedule No. 26 being different from the Estimated Principal Amount, (c) the actual amortization of Equipment Schedule No. 26 being different than the amortization assumed for purposes of such estimates, (d) the actual market interest rates at the time of funding of Equipment Schedule No. 26 being different than those estimated for purposes of such estimates, (e) other market conditions, or (f) alterations in the City’s financing plan, or a combination of such factors. The actual date of closing of Equipment Schedule No. 26 and the actual principal amount of Equipment Schedule No. 26 will be determined by the City based on the timing of the need for proceeds of the Equipment Schedule No. 26 and other factors. The actual interest rates borne by Equipment Schedule No. 26 will depend on market interest rates at the time of closing thereof. The actual amortization of Equipment Schedule No. 26 will also depend, in part, on market interest rates at the time of closing thereof. Market interest rates are affected by economic, national, international and other factors beyond the control of the City, or the Municipal Advisor.

COMMITTEE OUTCOME
The Finance & Governance Committee approved 3-0 on October 11, 2022, to approve the staff recommendation and to forward the item for Council approval.

Prepared by: NHA Advisors

ATTACHMENTS

1. Oxnard Resolution - Eqpt Schedule No. 26

2. Oxnard A7667-Master Lease Agreement

3. Escrow Agreement - Eqpt. Schedule No. 26.101822

4. Schedule of Property - Eqpt. Schedule No. 26
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5. Engine Quote Pre and Post Price Increase

6. Oxnard CC 11-01-22 Presentation - Fire Engines Purchase and Financing.101822 247
RESOLUTION NO. ________

AUTHORIZING RESOLUTION (LEASE)

A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF OXNARD,

CALIFORNIA, AUTHORIZING THE PURCHASE OF CERTAIN EQUIPMENT

AND AUTHORIZING THE EXECUTION AND DELIVERY OF SCHEDULE(S)

OF PROPERTY TO THE MASTER EQUIPMENT LEASE/PURCHASE

AGREEMENT FOR THE ACQUISITION, FINANCING AND LEASING OF

THAT CERTAIN EQUIPMENT FOR THE PUBLIC BENEFIT WITHIN THE TERMS PROVIDED HEREIN; AUTHORIZING THE EXECUTION AND

DELIVERY OF OTHER DOCUMENTS REQUIRED IN CONNECTION
THEREWITH; AND AUTHORIZING THE TAKING OF ALL OTHER ACTIONS

NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS
CONTEMPLATED BY THIS RESOLUTION.

WHEREAS, the City of Oxnard (the “Lessee”), a City duly organized and existing as a political subdivision, municipal corporation or similar public entity of the State of California is authorized by the laws of the State of California to acquire, finance and lease personal property (tangible and intangible) for the benefit of the Lessee and its inhabitants and to enter into contracts with respect thereto; and
WHEREAS, the governing body of the Lessee (the “City Council”) has determined that a need exists for the acquisition, financing and leasing of certain equipment with a cost not to exceed $2,100,000 and consists of fire engines, which constitutes personal property necessary for the Lessee to perform essential governmental functions (collectively, the “Equipment”) on the terms herein provided;
WHEREAS, the City has received a quote from South Coast Emergency Fire Equipment for the purchase of the Equipment in the amount of $1,990,462.28; WHEREAS, the City Council has previously approved a reimbursement resolution detailing the City’s intention to pay certain capital expenditures in connection with the Equipment prior to the issuance of one or more series of tax-exempt obligations and the City reasonably expects that certain of the proceeds of indebtedness will be used to reimburse the City for the Equipment;
WHEREAS, in order to reimburse the City for the cost of acquiring such Equipment, the Lessee proposes to enter into those certain Schedule(s) of Property (the “Equipment Schedule(s)”) with Banc of America Public Capital Corp (or one of its affiliates), as lessor (the “Lessor”), substantially in the proposed form presented to the City Council at this meeting, which Equipment Schedule incorporates by reference the terms and provisions of that certain Master Equipment Lease/Purchase Agreement dated as of April 8, 2014, by and between Lessor and Lessee (the “Agreement”); and
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WHEREAS, the City Council deems it for the benefit of the Lessee and for the efficient and effective administration thereof to enter into the Equipment Schedule and the other documentation relating to the acquisition, financing and leasing of the Equipment to be therein described on the terms and conditions therein and herein provided; NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the governing body of the Lessee as follows:

Section 1. Authorization to Purchase and Prepay. The Mayor, City Manager, or Chief Financial Officer are hereby authorized to execute a purchase order for South Coast Emergency Fire Equipment in the amount of $1,990,462.28 for the prepayment and purchase of the Equipment.

Section 2. Findings and Determinations. It is hereby found and determined that the terms of the Equipment Schedule(s) and the form of Rental Payment Schedule(s), in the form presented to the City Council at this meeting, are in the best interests of the Lessee for the acquisition financing and leasing of the Equipment.

Section 3. Approval of Documents. The form, terms and provisions of the Equipment Schedule(s) and Rental Payment Schedule(s) are hereby approved in substantially the forms presented at this meeting, with such insertions, omissions and changes as shall be approved by City Manager or Chief Financial Officer of the Lessee or other members of the governing body of the Lessee (the “Authorized Officials”) executing the same, the execution of such documents being conclusive evidence of such approval.

The Authorized Officials are each hereby authorized and directed to sign and deliver on behalf of the Lessee the Equipment Schedule(s) under which a separate Lease (as defined in the Agreement) is created, the Rental Payment Schedule attached thereto, the Escrow Agreement and any related exhibits attached thereto.

Section 4. Other Actions Authorized. The officers and employees of the Lessee shall take all action necessary or reasonably required by the parties to the Lease to carry out, give effect to and consummate the transactions contemplated thereby (including the execution and delivery of a final Acceptance Certificate, the Escrow Agreement, Disbursement Requests and any tax certificate and agreement, as contemplated in the Agreement) and to take all action necessary in conformity therewith, including, without limitation, the execution and delivery of any closing and other documents required to be delivered in connection with the Lease.

Section 5. No General Liability. Nothing contained in this Resolution, the Lease, the Escrow Agreement nor any other instrument shall be construed with respect to the Lessee as incurring a pecuniary liability or charge upon the general credit of the Lessee or against its taxing power, nor shall the breach of any agreement contained in this Resolution, the Lease, the Escrow Agreement or any other instrument or document executed in connection therewith impose any pecuniary liability upon the Lessee or any charge upon its general credit or against its taxing power, except to the extent that the Rental Payments payable under the Lease entered into pursuant to the Agreement are limited obligations of the Lessee, subject to annual appropriation, as provided in the Agreement. 249
Section 6. Appointment of Authorized Lessee Representatives. The City Manager and Chief Financial Officer of the Lessee are each hereby designated to act as authorized representatives of the Lessee for purposes of the Lease and the Escrow Agreement until such time as the governing body of the Lessee shall designate any other or different authorized representative for purposes of the Lease or the Escrow Agreement.

Section 7. Severability. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution.

Section 8. Repealer. All bylaws, orders and resolutions or parts thereof, inconsistent herewith, are hereby repealed to the extent only of such inconsistency with respect to this Resolution. This repealer shall not be construed as reviving any bylaw, order, resolution or ordinance or part thereof.

Section 9. Effective Date. This Resolution shall be effective immediately upon its approval and adoption.

ADOPTED AND APPROVED by the governing body of the Lessee this 1st day of November, 2022.

City of Oxnard, CA
as lessee
[SEAL]
By:______________________________ ______
Printed Name: ___________________________
Title: __________________________________
ATTEST:

By: _________________________________
Printed: Name: _______________________
Title: _______________________________
APPROVED AS TO FORM:

By: _________________________________
Printed: Name: _______________________
Title: _______________________________
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The undersigned, a duly elected or appointed and acting City Clerk of the Lessee identified in the above Resolution No. ___ (the “Resolution”), hereby certifies that the Resolution is a full, true and correct copy of such Resolution as adopted by the governing body of the Lessee on November 1, 2022. The Resolution is in full force and effect on the date hereof and has not been amended, modified or otherwise changed by the governing body of the Lessee since the date of adoption of the Resolution.

DATED this ____ day of ____________, 20__.
_______________________________________
Name: _________________________________
Title: __________________________________
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MASTER EQUIPMENT LEASE/PURCHASE AGREEMENT
This Master Equipment Lease/Purchase Agreement (the "Agreement") dated as of April 8, 2014, and entered into between Banc of America Public Capital Corp., a Kansas corporation ("Lessor"), and City of Oxnard, California, a municipal corporation existing under the laws of the State of California ("Lessee").

WITNESSETH:

WHEREAS, Lessee desires to lease and acquire from Lessor certain Equipment described in each Schedule (as each such term is defined herein), subject to the terms and conditions of and for the purposes set forth in each Lease; and in the event of a conflict the terms of a Schedule prevail; and
WHEREAS, the relationship between the parties shall be a continuing one and items of equipment may be added to the Equipment from time to time by execution of additional Schedules by the parties hereto and as otherwise provided herein; and WHEREAS, Lessee is authorized under the constitution and laws of the State to enter into this Agreement and the Schedules hereto for the purposes set forth herein; and Now, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, and in consideration of the premises hereinafter contained, the parties hereby agree as follows:

ARTICLE I
Section 1.01. Definitions. The following terms will have the meanings indicated below unless the context clearly requires otherwise:
"Acquisition Amount" means the amount specified in each Lease and represented by Lessee to be sufficient to acquire the Equipment listed in such Lease. "Acquisition Fund" means, with respect to any Lease, the fund established and held by the Acquisition Fund Custodian pursuant to the related Acquisition Fund Agreement, if any. "Acquisition Fund Agreement" means, with respect to any Lease, an Acquisition Fund and Account Control Agreement, substantially in the form of Exhibit A attached hereto, in form and substance acceptable to and executed by Lessee, Lessor and the Acquisition Fund Custodian, pursuant to which an Acquisition Fund is established and administered. "Acquisition Fund Custodian" means the Acquisition Fund Custodian identified in any Acquisition Fund Agreement, and its successors and assigns. "Acquisition Period" means, with respect to each Lease, that period stated in the Schedule to such Lease during which the Lease Proceeds attributable to such Lease may be expended on Equipment Costs.
6 DATE:' GENOA#
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"Agreement" means this Master Equipment Lease/Purchase Agreement, including the exhibits hereto, together with any amendments and modifications to the Agreement pursuant to Section 13.05.
"Code" means the Internal Revenue Code of 1986, as amended. Each reference to a Section of the Code herein shall be deemed to include the United States Treasury Regulations proposed or in effect thereunder.
"Commencement Date" means, for each Lease, the date when Lessee's obligation to pay rent commences under such Lease, which date shall be the earlier of (i) the date on which the Equipment listed in such Lease is accepted by Lessee in the manner described in Section 5.01, and (ii) the date on which sufficient moneys to purchase the Equipment listed in such Lease are deposited for that purpose with an Acquisition Fund Custodian. "Contract Rate" means the rate identified as such in the applicable Schedule. "Equipment" means the property listed in each of the Leases and all replacements, repairs, restorations, modifications and improvements thereof or thereto made pursuant to Section 8.01 or Article V. Whenever reference is made in this Agreement to Equipment listed in a Lease, such reference shall be deemed to include all such replacements, repairs, restorations, modifications and improvements of or to such Equipment. "Equipment Costs" means the total cost of the Equipment listed in each Lease, including soft costs such as freight, installation and taxes paid up front by Lessor and all capitalizable consulting and training fees approved by Lessor, legal fees, financing costs, and other costs necessary to vest full, clear legal title to the Equipment in Lessee, subject to the security interest granted to and retained by Lessor as set forth in each Lease, and otherwise incurred in connection with the financing provided by the lease-purchase of the Equipment as provided in each Lease; provided that (i) any such soft costs on a cumulative basis shall not exceed a percentage of the Maximum Equipment Cost approved by Lessor and (ii) in no event shall capitalizable delivery charges, installation charges, taxes and similar capitalizable soft costs relating to such Equipment be included without Lessor's prior consent. "Event of Default" means an Event of Default described in Section 12.01. "Lease" means a Schedule and the terms of this Agreement which are incorporated by reference into such Schedule. Each Schedule shall constitute a separate and independent Lease. "Lease Proceeds" means, with respect to each Lease, the total amount of money to be paid by Lessor to the Acquisition Fund Custodian for deposit and application in accordance with such Lease and the Acquisition Fund Agreement.
"Lease Term" for each Lease means the Original Term and all Renewal Terms therein provided and for this Agreement means the period from the date hereof until this Agreement is terminated.
"Lessee" means the entity referred to as Lessee in the first paragraph of this Agreement. 253
"Lessor" means (a) the entity referred to as Lessor in the first paragraph of this Agreement or (b) any assignee or transferee of any right, title or interest of Lessor in and to the Equipment under a Lease or any Lease (including Rental Payments thereunder) pursuant to Section 11.01, but does not include any entity solely by reason of that entity retaining or assuming any obligation of Lessor to perform under a Lease. "Material Adverse Change" means (a) prior to the Utilization Period Expiration, a downgrade in Lessee's external debt rating of two or more subgrades by either Moody's Investors Service, Inc, or Standard & Poor' s Ratings Group or any equivalent successor credit rating agency, or any downgrade by either such agency that would cause Lessee's credit rating to be below investment grade, and (b) thereafter, any change in Lessee's creditworthiness that could have a material adverse effect on (i) the financial condition or operations of Lessee and its subsidiaries taken as a whole, or (ii) Lessee's ability to perform its obligations under this Agreement or any Lease.
.. "Maximum Equipment Cost" means the cumulative amount specified m the latest Schedule executed under this Agreement.
"Original Term" means the period from the Commencement Date for each Lease until the end of the fiscal year of Lessee in effect at such Commencement Date. "Purchase Price" means, with respect to the Equipment listed on a Lease, the amount that Lessee may pay to Lessor to purchase such Equipment as provided in such Lease. "Renewal Terms" means the renewal terms of each Lease, each having a duration of one year and a term coextensive with Lessee's fiscal year, as specified in the Schedule applicable thereto.
"Rental Payments" means the basic rental payments payable by Lessee under each Lease pursuant to Section 4.01, in each case consisting of a principal component and an interest component.
"Schedule" means each separately numbered Schedule of Property substantially in the form of Exhibit B-1 hereto together with a Rental Payment Schedule attached thereto substantially in the form of Exhibit B-2 hereto.
"State" means the State of California.
"Utilization Period Expiration" means the date, with respect to each Lease not funded under an Acquisition Fund Agreement, by which Lessee must deliver an Acceptance Certificate for the Equipment under such Lease as indicated in Section 3. 04(b ). "Vendor" means the manufacturer or supplier of the Equipment or any other person as well as the agents or dealers of the manufacturer or supplier with whom Lessor arranged Lessee's acquisition and financing of the Equipment pursuant to the applicable Lease. 254

ARTICLE II
Section 2. 0 I. Representations and Covenants of Lessee. Lessee represents, covenants and warrants for the benefit of Lessor on the date hereof and as of the Commencement Date of each Lease as follows:
(a) Lessee is a political subdivision of the State within the meaning of Section 103(c) of the Code, duly organized and existing under the constitution and laws of the State, with full power and authority to enter into this Agreement and each Lease and the transactions contemplated hereby and to perform all of its obligations hereunder and under each Lease. (b) Lessee has duly authorized the execution and delivery of this Agreement and each Lease by proper action of its governing body at a meeting duly called, regularly convened and attended throughout by the requisite quorum of the members thereof, or by other appropriate official approval, and all requirements have been met and procedures have occurred in order to ensure the validity and enforceability of this Agreement and each Lease. (c) No event or condition that constitutes, or with the giving of notice or the lapse of time or both would constitute, an Event of Default exists at the date hereof. ( d) Lessee will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a body corporate and politic. ( e) Lessee has complied with such public bidding requirements as may be applicable to this Agreement and each Lease and the acquisition by Lessee of the Equipment as provided in each Lease.
(f) During the Lease Term, the Equipment will be used by Lessee only for the purpose of performing essential governmental or proprietary functions of Lessee consistent with the permissible scope of Lessee's authority. Lessee does not intend to sell or otherwise dispose of the Equipment or any interest therein prior to the last Rental Payment (including all Renewal Terms) scheduled to be paid under each Lease.
(g) Lessee has kept, and throughout the Lease Term of any Lease shall keep, its books and records in accordance with generally accepted accounting principles and practices consistently applied, and shall deliver to Lessor (i) annual audited financial statements (including (1) a balance sheet, (2) statement of revenues, expenses and changes in fund balances for budget and actual, (3) statement of cash flows and notes, and (4) schedules and attachments to the financial statements) within 270 days of its fiscal year end, (ii) such other financial statements and information as Lessor may reasonably request, and (iii) its annual budget for the following fiscal year when approved but not later than 30 days prior to its current fiscal year end. The financial statements described in subsection (i) shall be accompanied by an unqualified opinion of Lessee's auditor. Credit information relating to Lessee may be disseminated among Lessor and any of its affiliates and any of their respective successors and assigns. (h) Lessee has an immediate need for the Equipment listed on each Schedule and expects to make immediate use of the Equipment listed on each Schedule. Lessee's need for the 255
Equipment is not temporary and Lessee does not expect the need for any item of the Equipment to diminish during the Lease Term to such item.
(i) The payment of the Rental Payments or any portion thereof is not (under the terms of any Lease or any underlying arrangement) directly or indirectly (x) secured by any interest in property used or to be used in any activity carried on by any person other than a state or local governmental unit or payments in respect of such property; or (y) on a present value basis, derived from payments (whether or not to Lessee) in respect of property, or borrowed money, used or to be used in any activity carried on by any person other than a state or local governmental unit. The Equipment will not be used, directly or indirectly, in any activity carried on by any person other than a state or local governmental unit. No portion of the Equipment Costs for the Equipment will be used, directly or indirectly, to make or finance loans to any person other than Lessee. Lessee has not entered into any management or other service contract with respect to the use and operation of the Equipment. (i) There is no pending litigation, tax claim, proceeding or dispute that may adversely affect Lessee's financial condition or impairs its ability to perform its obligations hereunder.

Lessee will, at its expense, maintain its legal existence in good standing and do any further act and execute, acknowledge, deliver, file, register and record any further documents Lessor may reasonably request in order to protect Lessor's security interest in the Equipment and Lessor's rights and benefits under this Lease.

ARTICLE Ill
Section 3.01. Lease of Equipment. Subject to the terms of this Master Lease, Lessor agrees to provide the funds specified in each Lease to be provided by it to acquire the Equipment, up to an amount equal to the Maximum Equipment Cost. Upon the execution of each Lease, Lessor demises, leases, transfers and lets to Lessee, and Lessee acquires, rents and leases from Lessor, the Equipment as set forth in such Lease and in accordance with the terms thereof. The Lease Term for each Lease may be continued, solely at the option of Lessee, at the end of the Original Term or any Renewal Term for the next succeeding Renewal Term up to the maximum Lease Term set forth in such Lease. At the end of the Original Term and at the end of each Renewal Term until the maximum Lease Term has been completed, Lessee shall be deemed to have exercised its option to continue each Lease for the next Renewal Term unless Lessee shall have terminated such Lease pursuant to Section 3.03 or Section 10.01. The terms and conditions during any Renewal Term shall be the same as the terms and conditions during the Original Term, except that the Rental Payments shall be as provided in the applicable Lease.

Section 3. 02. Continuation of Lease Term. Lessee intends, subject to Section 3.03, to continue the Lease Term of each Lease through the Original Term and all Renewal Terms and to pay the Rental Payments thereunder. Lessee affirms that sufficient funds are available for the current fiscal year, and Lessee reasonably believes that an amount sufficient to make all Rental Payments during the entire Lease Term of each Lease can be obtained from legally available funds of Lessee. Lessee further intends to do all things lawfully within its power to obtain and maintain funds sufficient and available to discharge its obligation to make Rental Payments due hereunder, including making provision for such payments to the extent necessary in each budget or appropriation request submitted and adopted in accordance with applicable provisions of law, 256
to have such portion of the budget or appropriation request approved and to exhaust all available reviews and appeals in the event such portion of the budget or appropriation request is not approved.

Section 3. 03. Nonappropriation. Lessee is obligated only to pay such Rental Payments under each Lease as may lawfully be made from funds budgeted and appropriated for that purpose during Lessee's then current fiscal year. Should Lessee fail to budget, appropriate or otherwise make available funds to pay Rental Payments under any Lease following the then current Original Term or Renewal Term, such Lease or Leases shall be deemed terminated at the end of the then current Original Term or Renewal Term. Lessee agrees to deliver notice to Lessor of such termination promptly after any decision to non-appropriate is made, but failure to give such notice shall not extend the term beyond such Original Term or Renewal Term. If any Lease is terminated in accordance with this Section, Lessee agrees to peaceably deliver the Equipment to Lessor at the location(s) to be specified by Lessor.

Section 3.04. Conditions to Lessor's Performance.
(a) As a prerequisite to the performance by Lessor of any of its obligations pursuant to any Lease, Lessee shall deliver to Lessor the following:
(i) A fully completed Schedule, executed by Lessee;
(ii) An Acquisition Fund Agreement, executed by Lessee and the Acquisition Fund Custodian, unless Lessor pays 100% of the Acquisition Amount directly to the Vendor upon execution of the Lease;
(iii) A Certificate executed by the Clerk or Secretary or other comparable officer of Lessee, in substantially the form attached hereto as Exhibit C, completed to the satisfaction of Lessor;
(iv) A certified copy of a resolution, ordinance or other official action of Lessee's governing body authorizing the execution and delivery of this Lease and performance by Lessee of its obligations hereunder;
(v) An opinion of counsel to Lessee in substantially the form attached hereto as Exhibit D respecting such Lease and otherwise satisfactory to Lessor; (vi) Evidence of insurance as required by Section 7.02 hereof; (vii) All documents, including financing statements, affidavits, notices and similar instruments, in form satisfactory to Lessor, which Lessor deems necessary or appropriate at that time pursuant to Section 6.02;
(viii) A copy of a fully completed and executed Form 8038-G; (ix) If any Equipment units are motor vehicles, properly completed certificates of title for such vehicles; and
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(x) Such other items, if any, as are set forth in such Lease or are reasonably required by Lessor.
(b) In addition, the performance by Lessor of any of its obligations pursuant to any Lease shall be subject to: (i) no material adverse change in the financial condition of Lessee since the date of this Lease, (ii) no Event of Default having occurred, and (iii) if no Acquisition Fund has been established, the Equipment must be accepted by Lessee no later than the date listed as the Utilization Period Expiration in the applicable Schedule. ( c) Subject to satisfaction of the foregoing, Lessor will pay the Acquisition Amount for Equipment described in a Schedule to the Vendor or, if authorized by Lessee's governing body, will reimburse Lessee for the prior payment of any such Acquisition Amounts by Lessee to the Vendor, upon receipt of the documents described in Sections 5.0l(a) and (b); or if an Acquisition Fund has been established pursuant to an Acquisition Fund Agreement, Lessor will deposit the Acquisition Amount for Equipment described in the Schedule with the Acquisition Fund Custodian.
( d) This Agreement is not a commitment by Lessor to enter into any Lease not currently in existence, and nothing in this Agreement shall be construed to impose any obligation upon Lessor to enter into any proposed Lease, it being understood that whether Lessor enters into any proposed Lease shall be a decision solely within Lessor's discretion. ( e) Lessee will cooperate with Lessor in Lessor's review of any proposed Lease.

Without limiting the foregoing, Lessee will provide Lessor with any documentation or information Lessor may request in connection with Lessor's review of any proposed Lease.

Such documentation may include, without limitation, documentation concerning the Equipment and its contemplated use and location and documentation or information concerning the financial status of Lessee and other matters related to Lessee.

ARTICLE IV
Section 4. 01. Rental Payments. Subject to Section 3.03, Lessee shall promptly pay Rental Payments, in lawful money of the United States of America, to Lessor on the dates and in such amounts as provided in each Lease. Lessee shall pay Lessor a charge on any Rental Payment not paid on the date such payment is due at a rate equal to the Contract Rate plus 5% per annum or the maximum amount permitted by law, whichever is less, from such date. Lessee shall not permit the federal government to guarantee any Rental Payments under any Lease.

Rental Payments consist of principal and interest payments as more fully detailed on each Schedule, the interest on which begins to accrue as of the Commencement Date for each such Schedule.

Section 4. 02. Interest and Principal Components. A portion of each Rental Payment is paid as, and represents payment of, interest, and the Balance of each Rental Payment is paid as, and represents payment of, principal. Each Lease shall set forth the principal and interest components of each Rental Payment payable thereunder during the Lease Term.

Section 4. 03. Rental Payments to Constitute a Current Expense of Lessee. Lessor and Lessee understand and intend that the obligation of Lessee to pay Rental Payments under each 258
Lease shall constitute a current expense of Lessee payable solely from its general fund or other funds that are legally available for that purpose and shall not in any way be construed to be a debt of Lessee in contravention of any applicable constitutional or statutory limitation or requirement concerning the creation of indebtedness by Lessee, nor shall anything contained herein or in a Lease constitute a pledge of the general tax revenues, funds or moneys of Lessee.

Section 4.04. Rental Payments to be Unconditional. Except as provided in Section 3.03, the obligations of Lessee to make Rental Payments and to perform and observe the other covenants and agreements contained in each Lease shall be absolute and unconditional in all events without abatement, diminution, deduction, set-off or defense, for any reason, including without limitation any failure of the Equipment, after it has been accepted by Lessee, any defects, malfunctions, breakdowns or infirmities in the Equipment or any accident, condemnation or unforeseen circumstances.

Section 4. 05. Tax Covenants.
(a) Lessee agrees that it will not take any action that would cause the interest component of Rental Payments to be or to become ineligible for the exclusion from gross income of the owner or owners thereof for federal income tax purposes, nor will it omit to take or cause to be taken, in timely manner, any action, which omission would cause the interest component of Rental Payments to be or to become ineligible for the exclusion from gross income of the owner or owners thereof for federal income tax purposes.
(b) In the event that Lessee does not spend the moneys in the Acquisition Fund within six (6) months of the date the deposit is made pursuant to Section 3.04(c), Lessee will, ifrequired by section 148(f) of the Code to pay rebate: (i) establish a Rebate Account and deposit the Rebate Amount (as defined in Section 1.148-3(b) of the Federal Income Tax Regulations) not less frequently than once per year after the applicable Commencement Date; and (ii) rebate to the United States, not less frequently than once every five (5) years after the applicable Commencement Date, an amount equal to at least 90% of the Rebate Amount and within 60 days after payment of all Rental Payments or the Purchase Price as provided in Section 10.0l(a) hereof, 100% of the Rebate Amount, as required by the Code and any regulations promulgated thereunder. Lessee shall determine the Rebate Amount, if any, at least every year and upon payment of all Rental Payments or the Purchase Price and shall maintain such determination, together with any supporting documentation required to calculate the Rebate Amount, until six ( 6) years after the date of the final payment of the Rental Payments or the Purchase Price.

Section 4. 06. Event of Taxability. Upon the occurrence of an Event of Taxability, the interest component shall be at a Taxable Rate retroactive to the date as of which the interest component is determined by the Internal Revenue Service to be includible in the gross income of the owner or owners thereof for federal income tax purposes, and Lessee will pay such additional amount as will result in the owner receiving the interest component at the Taxable Rate identified in the related Lease.

For purposes of this Section, "Event of Taxability" means a determination that the interest component is includible for federal income tax purposes in the gross income of the owner thereof due to Lessee's action or failure to take any action. 259
Section 4. 07. Mandatory Prepayment. If the Lease Proceeds are deposited into an Acquisition Fund, any funds remaining in the Acquisition Fund on or after the Acquisition Period and not applied to Equipment Costs, shall be applied by Lessor on the next Rental Payment date, pro rata to the prepayment of the principal component of the outstanding Rental Payments due under the applicable Schedule.

ARTICLEV
Section 5.01. Delivery, Installation and Acceptance of Equipment. (a) Lessee shall order the Equipment, cause the Equipment to be delivered and installed at the location specified in the Leases and pay any and all delivery and installation costs and other Equipment Costs in connection therewith. When the Equipment listed in any Lease has been delivered and installed, Lessee shall promptly accept such Equipment and evidence said acceptance by executing and delivering to Lessor an Acceptance Certificate in the form attached hereto as Exhibit E.
(b) Lessee shall deliver to Lessor original invoices and bills of sale (if title to such Equipment has passed to Lessee) relating to each item of Equipment accepted by Lessee. With respect to Equipment not purchased through an Acquisition Fund, Lessor shall, upon receipt of an Acceptance Certificate from Lessee, prepare a Schedule of Property and Rental Payment Schedule in the forms attached hereto as Exhibits B-1 and B-2. Lessee shall execute and deliver such Schedules to Lessor within 5 business days of receipt.

Section 5. 02. Quiet Enjoyment of Equipment. So long as Lessee is not in default under the related Lease, neither Lessor nor any entity claiming by, through or under Lessor, shall interfere with Lessee's quiet use and enjoyment of the Equipment during the Lease Term.

Section 5. 03. Location; Inspection. Once installed, no item of the Equipment will be relocated from the base location specified for it in the Lease on which such item is listed without Lessor's consent, which consent shall not be unreasonably withheld. Lessor shall have the right at all reasonable times during regular business hours to enter into and upon the property of Lessee for the purpose of inspecting the Equipment.

Section 5. 04. Use and Maintenance of the Equipment. Lessee will not install, use, operate, or maintain the Equipment improperly, carelessly, in violation of any applicable law or in a manner contrary to that contemplated by the related Lease. Lessee shall provide all permits and licenses, if any, necessary for the installation and operation of the Equipment. In addition, Lessee agrees to comply in all respects with all applicable laws, regulations and rulings of any legislative, executive, administrative, or judicial body; provided that Lessee may contest in good faith the validity or application of any such law, regulation or ruling in any reasonable manner that does not, in the opinion of Lessor, adversely affect the interest (including the reversionary interest) of Lessor in and to the Equipment or its interest or rights under the Lease.

Lessee agrees that it will maintain, preserve, and keep the Equipment in good repair and working order, in a condition comparable to that recommended by the manufacturer. Lessor shall have no responsibility to maintain, repair or make improvements or additions to the Equipment. In all cases, Lessee agrees to pay any costs necessary for the manufacturer to re260 certify the Equipment as eligible for manufacturer's maintenance upon the return of the Equipment to Lessor as provided for herein.

Lessee shall not alter any item of Equipment or install any accessory, equipment or device on an item of Equipment if that would impair any applicable warranty, the originally intended function or the value of that Equipment. All repairs, parts, accessories, equipment and devices furnished, affixed to or installed on any Equipment, excluding temporary replacements, shall thereupon become subject to the security interest of Lessor.

ARTICLE VI
Section 6.01. Title to the Equipment. During each Lease Term, and so long as Lessee is not in default under Article XII hereof, all right, title and interest in and to each item of the Equipment shall be vested in Lessee immediately upon its acceptance of each item of Equipment, subject to the terms and conditions of the applicable Lease. Lessee shall at all times protect and defend, at its own cost and expense, its title in and to the Equipment from and against all claims, liens and legal processes of its creditors, and keep all Equipment free and clear of all such claims, liens and processes. Upon the occurrence of an Event of Default or upon termination of a Lease pursuant to Section 3.03 hereof, full and unencumbered legal title to the Equipment shall pass to Lessor, and Lessee shall have no further interest therein. In addition, upon the occurrence of such an Event of Default or such termination, Lessee shall execute and deliver to Lessor such documents as Lessor may request to evidence the passage of such legal title to Lessor and the termination of Lessee's interest therein, and upon request by Lessor shall deliver possession of the Equipment to Lessor in accordance with Section 12.02. Upon purchase of the Equipment under a Lease by Lessee pursuant to Section 10.01, Lessor's security interest or other interest in the Equipment shall terminate, and Lessor shall execute and deliver to Lessee such documents as Lessee may request to evidence the termination of Lessor's security interest in the Equipment subject to the related Lease.

Section 6. 02. Security Interest. To secure the payment of all of Lessee's obligations under each Lease, upon the execution of such Lease, Lessee grants to Lessor a security interest constituting a first lien on (a) the Equipment applicable to such Lease, (b) moneys and investments held from time to time in the Acquisition Fund and ( c) any and all proceeds of any of the foregoing. Lessee agrees to execute and authorizes Lessor to file such notices of assignment, chattel mortgages, financing statements and other documents, in form satisfactory to Lessor, which Lessor deems necessary or appropriate to establish and maintain Lessor's security interest in the Equipment, the Acquisition Fund and the proceeds thereof.

Section 6. 03. Personal Property. The Equipment is and will remain personal property and will not be deemed to be affixed to or a part of the real estate on which it may be situated, notwithstanding that the Equipment or any part thereof may be or hereafter become in any manner physically affixed or attached to real estate or any building thereon. Upon the request of Lessor, Lessee will, at Lessee's expense, furnish a waiver of any interest in the Equipment from any party having an interest in any such real estate or building. 261

ARTICLE VII
Section 7. OJ. Liens, Taxes, Other Governmental Charges and Utility Charges. Lessee shall keep the Equipment free of all levies, liens, and encumbrances except those created by each Lease. The parties to this Agreement contemplate that the Equipment will be used for a governmental or proprietary purpose of Lessee and that the Equipment will therefore be exempt from all property taxes. If the use, possession or acquisition of any Equipment is nevertheless determined to be subject to taxation, Lessee shall pay when due all taxes and governmental charges lawfully assessed or levied against or with respect to such Equipment. Lessee shall pay all utility and other charges incurred in the use and maintenance of the Equipment. Lessee shall pay such taxes or charges as the same may become due; provided that, with respect to any such taxes or charges that may lawfully be paid in installments over a period of years, Lessee shall be obligated to pay only such installments as accrue during each Lease Term.

Section 7.02. Insurance. Lessee shall during each Lease Term maintain or cause to be maintained (a) casualty insurance naming Lessor and its assigns as loss payee and insuring the Equipment against loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State, and any other risks reasonably required by Lessor, in an amount at least equal to the then applicable Purchase Price of the Equipment; (b) liability insurance naming Lessor as additional insured that protects Lessor from liability in all events in form and amount satisfactory to Lessor; and (c) worker's compensation coverage as required by the laws of the State; provided that, with Lessor's prior written consent, Lessee may self-insure against the risks described in clause (a). Lessee shall furnish to Lessor evidence of such insurance or self-insurance coverage throughout each Lease Term. Lessee shall not cancel or modify such insurance or self-insurance coverage in any way that would affect the interests of Lessor without first giving written notice thereof to Lessor at least 30 days in advance of such cancellation or modification.

Section 7. 03. Risk of Loss. Whether or not covered by insurance or self-insurance, Lessee hereby assumes all risk of loss of, or damage to and liability related to injury or damage to any persons or property arising from the Equipment from any cause whatsoever, and no such loss of or damage to or liability arising from the Equipment shall relieve Lessee of the obligation to make the Rental Payments or to perform any other obligation under this Lease. Whether or not covered by insurance or self-insurance, Lessee hereby agrees to reimburse Lessor (to the fullest extent permitted by applicable law, but only from legally available funds) for any and all liabilities, obligations, losses, costs, claims, taxes or damages suffered or incurred by Lessor, regardless of the cause thereof and all expenses incurred in connection therewith (including, without limitation, counsel fees and expenses, and penalties connected therewith imposed on interest received) arising out of or as a result of (a) entering into of this Agreement or any of the transactions contemplated hereby, (b) the ordering, acquisition, ownership use, operation, condition, purchase, delivery, acceptance, rejection, storage or return of any item the Equipment, ( c) any accident in connection with the operation, use, condition, possession, storage or return of any item of the Equipment resulting in damage to property or injury to or death to any person, and/or ( d) the breach of any covenant of Lessee in connection with a Lease or any material misrepresentation provided by Lessee in connection with a Lease. The provisions of this paragraph shall continue in full force and effect notwithstanding the full payment of all 262
obligations under all Leases or the termination of the Lease Term under any Lease for any reason.

Section 7. 04. Advances, In the event Lessee shall fail to keep the Equipment in good repair and working order, Lessor may, but shall be under no obligation to, maintain and repair the Equipment and pay the cost thereof. All amounts so advanced by Lessor shall constitute additional rent for the then current Original Term or Renewal Term and Lessee covenants and agrees to pay such amounts so advanced by Lessor with interest thereon from the due date until paid at a rate equal to the Contract Rate plus 5% per annum or the maximum amount permitted by law, whichever is less.

ARTICLE VIII
Section 8.01. Damage, Destruction and Condemnation. Unless Lessee shall have exercised its option to purchase the Equipment by making payment of the Purchase Price as provided in the related Lease, if, prior to the termination of the applicable Lease Term, (a) the Equipment or any portion thereof is destroyed, in whole or in part, or is damaged by fire or other casualty or (b) title to, or the temporary use of, the Equipment or any part thereof shall be taken under the exercise or threat of the power of eminent domain by any governmental body or by any person, firm or corporation acting pursuant to governmental authority, Lessee and Lessor will cause the Net Proceeds of any insurance claim or condemnation award or sale under threat of condemnation to be applied to the prompt replacement, repair, restoration, modification or improvement of the Equipment. Any balance of the Net Proceeds remaining after such work has been completed shall be paid to Lessee.

If Lessee elects to replace any item of the Equipment (the "Replaced Equipment") pursuant to this Section, the replacement equipment (the "Replacement Equipment") shall be of similar type, utility and condition to the Replaced Equipment and shall be of equal or greater value than the Replaced Equipment. Lessor shall receive a first priority security interest in any such Replacement Equipment. Lessee shall represent, warrant and covenant to Lessor that each item of Replacement Equipment is free and clear of all claims, liens, security interests and encumbrances, excepting only those liens created by or through Lessor, and shall provide to Lessor any and all documents as Lessor may reasonably request in connection with the replacement, including, but not limited to, documentation in form and substance satisfactory to Lessor evidencing Lessor's security interest in the Replacement Equipment. Lessor and Lessee hereby acknowledge and agree that any Replacement Equipment acquired pursuant to this paragraph shall constitute "Equipment" for purposes of this Agreement and the related Lease.

Lessee shall complete the documentation of Replacement Equipment on or before the next Rental Payment date after the occurrence of a casualty event, or be required to exercise the Purchase Option with respect to the damaged equipment.

For purposes of this Article, the term "Net Proceeds" shall mean the amount remaining from the gross proceeds of any insurance claim or condemnation award or sale under threat of condemnation after deducting all expenses, including attorneys' fees, incurred in the collection thereof.
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Section 8. 02. Insufficiency of Net Proceeds. If the Net Proceeds are insufficient to pay in full the cost of any repair, restoration, modification or improvement referred to in Section 8.01, Lessee shall either (a) complete such replacement, repair, restoration, modification or improvement and pay any costs thereof in excess of the amount of the Net Proceeds, or (b) pay or cause to be paid to Lessor the amount of the then applicable Purchase Price for the Equipment, and, upon such payment, the applicable Lease Term shall terminate and Lessor's security interest in the Equipment shall terminate as provided in Section 6.01 hereof. The amount of the Net Proceeds, if any, remaining after completing such repair, restoration, modification or improvement or after purchasing such Equipment and such other Equipment shall be retained by Lessee. If Lessee shall make any payments pursuant to this Section, Lessee shall not be entitled to any reimbursement therefor from Lessor nor shall Lessee be entitled to any diminution of the amounts payable under Article IV.

ARTICLE IX
Section 9. 01. Disclaimer of Warranties. Lessor makes no warranty or representation, either express or implied, as to the value, design, condition, merchantability or fitness for particular purpose or fitness for use of the Equipment, or any other warranty or representation, express or implied, with respect thereto and, as to Lessor, Lessee's acquisition of the Equipment shall be on an "as is" basis. In no event shall Lessor be liable for any incidental, indirect, special or consequential damage in connection with or arising out of this Agreement, any Lease, the Equipment or the existence, furnishing, functioning or Lessee's use of any item, product or service provided for in this Agreement or any Lease.

Section 9. 02. Vendor's Warranties. Lessor hereby irrevocably appoints Lessee its agent and attorney-in-fact during each Lease Term, so long as Lessee shall not be in default under the related Lease, to assert from time to time whatever claims and rights (including without limitation warranties) relating to the Equipment that Lessor may have against Vendor. Lessee's sole remedy for the breach of such warranty, indemnification or representation shall be against Vendor of the Equipment, and not against Lessor. Any such matter shall not have any effect whatsoever on the rights and obligations of Lessor with respect to any Lease, including the right to receive full and timely payments under a Lease. Lessee expressly acknowledges that Lessor makes, and has made, no representations or warranties whatsoever as to the existence or the availability of such warranties relating to the Equipment.

ARTICLEX
Section 10.01. Purchase Option. Lessee shall have the option to purchase all of the Equipment listed in a Lease, at the following times and upon the following terms:
(a) From and after the date specified in the related Schedule (the "Purchase Option Commencement Date"), on the Rental Payment dates specified in each Lease, upon not less than 30 days' prior written notice, and upon payment in full of the Rental Payments then due under such Lease plus the then applicable Purchase Price, which may include a prepayment premium on the unpaid balance as set forth in the applicable Schedule; or 264
(b) In the event of substantial damage to or destruction or condemnation of substantially all of the Equipment listed in a Lease, on the day specified in Lessee's notice to Lessor of its exercise of the purchase option (which shall be the earlier of the next Rental Payment date or 60 days after the casualty event) upon payment in full to Lessor of the Rental Payments then due under such Lease plus the then applicable Purchase Price; or ( c) Upon the expiration of the Lease Term, upon payment in full of all Rental Payments then due and all other amounts then owing under the Lease, and the payment of $1. 00 to Lessor.

After payment of the applicable Purchase Price, Lessee will own the related Equipment, and Lessor's security interests in and to such Equipment will be terminated.

ARTICLE XI
Section 11.01. Assignment by Lessor.
(a) Lessor's right, title and interest in and to Rental Payments and any other amounts payable by Lessee under any and all of the Leases, its security interest in the Equipment subject to each such Lease, and all proceeds therefrom may be assigned and reassigned in whole or in part to one or more assignees or subassignees by Lessor, without the necessity of obtaining the consent of Lessee; provided, that any such assignment, transfer or conveyance to a trustee for the benefit of owners of certificates of participation shall be made in a manner that conforms to any applicable State law. Nothing in this Section 11.01 shall be construed, however, to prevent Lessor from executing any such assignment, transfer or conveyance that does not involve funding through the use of certificates of participation within the meaning of applicable State law, including any such assignment, transfer or conveyance as part of a multiple asset pool to a partnership or trust; provided such certificates are sold only on a private placement basis ( and not pursuant to any "public offering") to a purchaser(s) who represent that (i) such purchaser has sufficient knowledge and experience in financial and business matters to be able to evaluate the risks and merits of the investment, (ii) such purchaser understands neither the Lease nor certificates will be registered under the Securities Act of 1933, (iii) such purchaser is either an "accredited investor" within the meaning of Regulation D under the Securities Act of 1933, or a qualified institutional buyer within the meaning of Rule 144A, and (iv) it is the intention of such purchaser to acquire such certificates (A) for investment for its own account or (B) for resale in a transaction exempt from registration under the Securities Act of 193 3; provided further, that in any event, Lessee shall not be required to make Rental Payments, to send notices or to otherwise deal with respect to matters arising under a Lease with or to more than one individual or entity. (b) Unless to an affiliate controlling, controlled by or under common control with Lessor, no assignment, transfer or conveyance permitted by this Section 11.01 shall be effective until Lessee shall have received a written notice of assignment that discloses the name and address of each such assignee; provided, that if such assignment is made to a bank or trust company as trustee or paying agent for owners of certificates of participation, trust certificates or partnership interests with respect to the Rental Payments payable under a Lease, it shall thereafter be sufficient that Lessee receives notice of the name and address of the bank or trust company as trustee or paying agent. During each Lease Term, Lessee shall keep, or cause to be 265
kept, a complete and accurate record of all such assignments in form necessary to comply with Section 149 of the Code. Lessee shall retain all such notices as a register of all assignees and shall make all payments to the assignee or assignees designated in such register. Lessee shall not have the right to and shall not assert against any assignee any claim, counterclaim or other right Lessee may have against Lessor or the Vendor. Assignments in part may include without limitation assignment of all of Lessor's security interest in and to the Equipment listed in a particular Lease and all rights in, to and under the Lease related to such Equipment. The option granted in this Section may be separately exercised from time to time with respect to the Equipment listed in each Lease, but such option does not permit the assignment of less than all of Lessor's interests in the Equipment listed in a single Lease. ( c) If Lessor notifies Lessee of its intent to assign the Lease, Lessee agrees that it shall execute and deliver to Lessor a Notice and Acknowledgement of Assignment substantially in the form of Exhibit F attached to this Lease within five (5) business days after its receipt of such request.

Section 11.02. Assignment and Subleasing by Lessee. None of Lessee's right, title, and interest in, to and under any Lease or any portion of the Equipment may be assigned or encumbered by Lessee for any reason.

ARTICLE XII
Section 12. 0 I. Events of Default Defined. Any of the following events shall constitute an "Event of Default" under a Lease:
(a) Failure by Lessee to pay any Rental Payment or other payment required to be paid under any Lease within 10 days of the date when due as specified herein; (b) Failure by Lessee to observe and perform any covenant, condition or agreement on its part to be observed or performed, other than as referred to in subparagraph (a) above, for a period of 30 days after written notice specifying such failure and requesting that it be remedied is given to Lessee by Lessor, unless Lessor shall agree in writing to an extension of such time prior to its expiration; provided that, if the failure stated in the notice cannot be corrected within the applicable period, Lessor will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by Lessee within the applicable period and diligently pursued until the default is corrected;
( c) Any statement, representation or warranty made by Lessee in or pursuant to any Lease or its execution, delivery or performance shall prove to have been false, incorrect, misleading, or breached in any material respect on the date when made; (d) Any default occurs under any other agreement for borrowing money, lease financing of property or otherwise receiving credit under which Lessee is an obligor under which there is outstanding, owing or committed an aggregate amount of at least 10% of Lessee's aggregate current long- and short-term indebtedness, if such default consists of (i) the failure to pay any indebtedness when due or (ii) the failure to perform any other obligation thereunder and gives the holder of the indebtedness the right to accelerate the indebtedness; 266
( e) Lessee shall (i) apply for or consent to the appointment of a receiver, trustee, custodian or liquidator of Lessee, or of all or a substantial part of the assets of Lessee, (ii) be unable, fail or admit in writing its inability generally to pay its debts as they become due, (iii) make a general assignment for the benefit of creditors, (iv) have an order for relief entered against it under applicable federal bankruptcy law, or (v) file a voluntary petition in bankruptcy or a petition or an answer seeking reorganization or an arrangement with creditors or taking advantage of any insolvency law or any answer admitting the material allegations of a petition filed against Lessee in any bankruptcy, reorganization or insolvency proceeding; or (f) An order, judgment or decree shall be entered by any court of competent jurisdiction, approving a petition or appointing a receiver, trustee, custodian or liquidator or Lessee or of all or a substantial part of the assets of Lessee, in each case without its application, approval or consent, and such order, judgment or decree shall continue unstayed and in effect for any period of 30 consecutive days.

Section 12. 02. Remedies on Default. Whenever any Event of Default exists, Lessor shall have the right, at its sole option without any further demand or notice, to take one or any combination of the following remedial steps:
(a) By written notice to Lessee, Lessor may declare all Rental Payments payable by Lessee pursuant to such Lease and other amounts payable by Lessee under such Lease to the end of the then current Original Term or Renewal Term to be due; (b) With or without terminating the Lease Term under such Lease, Lessor may enter the premises where the Equipment listed in such Lease is located and retake possession of such Equipment or require Lessee at Lessee's expense to promptly return any or all of such Equipment to the possession of Lessor at such place within the United States as Lessor shall specify, and sell or lease such Equipment or, for the account of Lessee, sublease such Equipment, continuing to hold Lessee liable, but solely from legally available funds, for the difference between (i) the Rental Payments payable by Lessee pursuant to such Lease and other amounts related to such Lease or the Equipment listed therein that are payable by Lessee to the end of the then current Original Term or Renewal Term, as the case may be, and (ii) the net proceeds of any such sale, leasing or subleasing (after deducting all expenses of Lessor in exercising its remedies under such Lease, including without limitation all expenses of taking possession, storing, reconditioning and selling or leasing such Equipment and all brokerage, auctioneer's and attorney's fees), subject, however, to the provisions of Section 3.03. The exercise of any such remedies respecting any such Event of Default shall not relieve Lessee of any other liabilities under any other Lease or the Equipment listed therein; and ( c) Lessor may take whatever action at law or in equity may appear necessary or desirable to enforce its rights under such Lease or as a secured party in any or all of the Equipment subject to such Lease.

Section 12.03. No Remedy Exclusive. No remedy herein conferred upon or reserved to Lessor is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under a Lease now or hereafter existing at law or in equity.

No delay or omission to exercise any right or power accruing upon any default shall impair any 267
such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle Lessor to exercise any remedy reserved to it in this Article it shall not be necessary to give any notice other than such notice as may be required in this Article.

Section 12. 04. Application of Moneys. Any net proceeds from the exercise of any remedy under this Agreement, including the application specified in Section 12.02(b)(ii) (after deducting all expenses of Lessor in exercising such remedies including without limitation all expenses of taking possession, storing, reconditioning and selling or leasing Equipment and all brokerage, auctioneer's or attorney's fees), shall be applied as follows:
(a) If such remedy is exercised solely with respect to a single Lease, Equipment listed in such Lease or rights thereunder, then to amounts due pursuant to such Lease and other amounts related to such Lease or such Equipment.
(b) If such remedy is exercised with respect to more than one Lease, Equipment listed in more than one Lease or rights under more than one Lease, then to amounts due pursuant to such Leases pro rata.

ARTICLE XIII
Section 13. 01. Notices. All notices, certificates or other communications under any Lease shall be sufficiently given and shall be deemed given when delivered or mailed by registered mail, postage prepaid, or delivered by overnight courier, or sent by facsimile transmission (with electronic confirmation) to the parties hereto at the addresses immediately after the signatures to this Agreement ( or at such other address as either party hereto shall designate in writing to the other for notices to such party) and to any assignee at its address as it appears on the registration books maintained by Lessee.

Section 13. 02. Binding Effect. Each Lease shall inure to the benefit of and shall be binding upon Lessor and Lessee and their respective successors and assigns.

Section 13. 03. Severability. In the event any provision of any Lease shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof.

Section 13. 04. Amendments, Changes and Modifications. This Agreement and each Lease may only be amended by Lessor and Lessee in writing.

Section 13. 05. Execution in Counterparts. This Agreement and each Lease may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.

Section 13. 06. Applicable Law. This Agreement and each Lease shall be governed by and construed in accordance with the laws of the State. 268
Section 13. 07. Captions. The captions or headings in this Agreement and in each Lease are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Agreement or any Lease.
269
IN WITNESS WHEREOF, Lessor and Lessee have caused this Agreement to be executed in their names by their duly authorized representatives as of the date first above written.

LESSOR:

Banc of America Public Capital Corp~
555 California Street, 4th Floor
San Francisco, California 94104
Attention: Contract Administration
Fax No.: (415) 765-7373
By:

Name:-U~.,,_:

Title:

LESSEE:

City of Oxnard, California
300 West Third Street, Suite 302
Oxnard, California 93030
Attention: Rena Bassett
Fax No.:

By:

Name: ------------- Title:
(Seal)
Attest:

By:

Name: ------------- Title:

List of Exhibits
Exhibit A --
Exhibit B-1 --
Exhibit B-2 --
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Acquisition Fund and Account Control Agreement
Schedule of Property
Rental Payment Schedule
Certificate
Opinion of Counsel Form
Acceptance Certificate
Notice and Acknowledgement of Assignment
270
IN WITNESS WHEREOF, Lessor and Lessee have caused this Agreement to be executed in their names by their duly authorized representatives as of the date first above written.

LESSOR:

Banc of America Public Capital Corp.
555 California Street, 4th Floor
San Francisco, California 94104
Attention: Contract Administration
Fax No.: (415) 765-7373
By:

Name: -------------- Title:

LESSEE:

City of Oxnard, California
300 West Third Street, Suite 302
Oxnard, California 93030
Attention: Rena Bassett
Fax No.:

By:

Name: Carmen Ramirez,
Title: Mayor Pro Tem
(Seal)
Attest:
/J
By: (~:JW4-r1~~
Name: ~·~1a_:=e=s~C=am=e=r~o~n~------
Title: Chief Financial Officer
List of Exhibits
Exhibit A --
Exhibit B-1 --
Exhibit B-2 --
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Acquisition Fund and Account Control Agreement
Schedule of Property
Rental Payment Schedule
Certificate
Opinion of Counsel Form
Acceptance Certificate
Notice and Acknowledgement of Assignment
271

EXHIBIT A

ACQUISITION FUND AND ACCOUNT CONTROL AGREEMENT
(Will be provided upon request)
#765386vlA (BAPCC/Gov't Entity Master Lease) A-1
272
EXHIBITB-1
SCHEDULE OF PROPERTY No.

Re: Master Equipment Lease/Purchase Agreement, dated as of April 8, 2014, between Banc of America Public Capital Corp., as Lessor, and City of Oxnard, California, as Lessee
l. Defined Terms. All terms used herein have the meanings ascribed to them in the above-referenced Master Equipment Lease/Purchase Agreement (the "Master Equipment Lease").

2. Equipment. The following items of Equipment are hereby included under this Schedule of the Master Equipment Lease.

Quantity Description Serial No. Model No. Location

3. Payment Schedule.
(a) Rental Payments. The Rental Payments shall be in such amounts and payable on such dates as set forth in the Rental Payment Schedule attached to this Schedule as Exhibit __ . Rental Payments shall commence on the date on which the Equipment listed in this Schedule is accepted by Lessee, as indicated in an Acceptance Certificate substantially in the form of Exhibit E to the Master Equipment Lease or the date on which sufficient moneys to purchase the Equipment are deposited for that purpose with an Acquisition Fund Custodian, whichever is earlier.
(b) Purchase Price Schedule. The Purchase Price on each Rental Payment date for the Equipment listed in this Schedule shall be the amount set forth for such Rental Payment date in the "Purchase Price" column of the Rental Payment Schedule attached to this Schedule. The Purchase Price is in addition to all Rental Payments then due under this Schedule (including the Rental Payment shown on the same line in the Rental Payment Schedule).

4. Representations, Warranties and Covenants. Lessee hereby represents, warrants and covenants that its representations, warranties and covenants set forth in the Master Equipment Lease are true and correct as though made on the date of commencement of Rental Payments on this Schedule. Lessee further represents and warrants that (a) no material adverse change in Lessee's financial condition has occurred since the date of the Master Equipment Lease; (b) the governing body of Lessee has authorized the execution and delivery of this #765386v1A (BAPCC/Gov't Entity Master Lease) B-1-1
273
Agreement and the Leases pursuant to [Resolution No. [Ordinance No. ------~' approved on , 20 __ ; ( c) the Equipment described in the Agreement referenced above is essential to the functions of Lessee or to the services Lessee provides its citizens; ( d) lessee has an immediate need for, and expects to make immediate use of, substantially all such Equipment, which will be used by Lessee only for the purpose of performing one or more of Lessee's governmental or proprietary functions consistent with the permissible scope of its authority; and (f) Lessee expects and anticipates adequate funds to be available for all future payments or rent due after the current budgetary period.

5. The Lease. The terms and provisions of the Master Equipment Lease (other than to the extent that they relate solely to other Schedules or Equipment listed on other Schedules) are hereby incorporated into this Schedule by reference and made a part hereof. [OPTION: IF ACQUISITION FUND AGREEMENT IS USED:

6. Lease Proceeds. The Lease Proceeds which Lessor shall pay to the Acquisition Fund Custodian in connection with this Schedule is $ , of which $ ----- is for deposit to the Expense Fund and the balance is for deposit to the Acquisition Fund. It is expected that by [six (6)] [twelve (12)] [eighteen (18)] months from the date of this Schedule No. _____ , Lessee will have taken possession of all items of Equipment shown above and that a Lessee's Acceptance Certificate, or Acceptance Certificates, will be signed by Lessee and delivered to Lessor on or before [six (6)] [twelve (12)] [eighteen (18)] months from the date of this Schedule No. ----
OR IF VENDOR PAID DIRECTLY USE:

6. Acquisition Amount. The Acquisition Amount for the Equipment described in this Schedule to be paid to the Vendor is $ . ]
[OPTION: IF ACQUISITION FUND AGREEMENT IS USED:

7. Acquisition Period. The Acquisition Period applicable to this Schedule shall end at the conclusion of the month following the date hereof.] [7][8]. Lease Term. The Lease Term shall consist of the Original Term and __ consecutive Renewal Terms, with the final Renewal Term ending on ____ _ [8][9]. Purchase Option Commencement Date. For purposes of Section 10.01 of the Lease, the Purchase Option Commencement Date is ______ _ [OPTION: IF NO ACQUISITION FUND AGREEMENT IS USED:
[9][10]. Utilization Period Expiration. The Utilization Period Expiration 1s _______ .]
[10][1 l]. Maximum Equipment Cost. The Maximum Equipment Cost approved on a cumulative basis under the Lease for this Schedule and all previous Schedules is $ --------
[11 ][12]. Contract Rate. The Contract Rate for this Sch.edule is ____ %. #765386vlA (BAPCC/Gov't Entity Master Lease) B-1-2
274
[OPTION: IF MOTOR VEHICLES ARE BEING FINANCED:
[12][13]. Registration. Any Equipment that is a motor vehicle is to be registered and titled as follows:

Any Equipment that is a motor vehicle is to be registered and titled as follows:
(a) Registered Owner: City of Oxnard, California
(b) Lienholder: Banc of America Public Capital Corp.
555 California Street, 4th Floor
Mail Code CA5-705-04-01
San Francisco, California 94104
Lessee shall be responsible for the correct titling of all Equipment leased hereunder.

Lessee will cause the original Certificates of Title to be delivered to Lessor for retention in Lessor's files throughout the term of the Lease.

Dated: -------------
LESSOR:

Banc of America Public Capital Corp.
555 California Street, 4th Floor
San Francisco, California 94104
Attention: Contract Administration
By:

Name: ------------- Title:

LESSEE:

City of Oxnard, California
300 West Third Street, Suite 302
Oxnard, California 93030
Attention: Rena Bassett

EXHIBIT ONLY-DO NOT EXECUTE
By:

Name:

Title:
(Seal)
Attest:

By:

Name:

Title:
-------------
-------------
Counterpart No. __ of __ manually executed and serially numbered counterparts.

To the extent that this Lease constitutes chattel paper (as defined in the Uniform Commercial Code), no security interest herein may be created through the transfer or possession of any Counterpart other than Counterpart No. 1.
#765386vlA (BAPCC/Gov't Entity Master Lease) B-1-3
275
EXHIBITB-2

RENT ALP A YMENT SCHEDULE
Purchase
Rental Rental Interest Principal Outstanding Price
Payment Payment Portion Portion Balance [excluding
Date Amount Prepayment
Premium]
Prepayment Premium for purposes of Section 10.0l(a) is __ _.[=in=s=ert:...c....=-.fo=r=m=u=la=] __ _ For purposes of this Lease, "Taxable Rate," with respect to the interest component of Rental Payments, means an annual rate of interest equal to __ %. #765386v1A (BAPCC/Gov't Entity Master Lease) B-2-1
LESSEE:

City of Oxnard, California

EXHIBIT ONLY-DO NOT EXECUTE
By:

Name: ------------- Title:
276

EXHIBITC

CERTIFICATE
The undersigned, a duly elected and acting _______ _ [Secretary] [City Clerk] of City of Oxnard, California ("Lessee") certifies as follows:

A. The following listed persons are duly elected and acting officials of Lessee (the "Officials") in the capacity set forth opposite their respective names below and that the facsimile signatures are true and correct as of the date hereof;
B. The Officials are duly authorized, on behalf of Lessee, to negotiate, execute and deliver the Master Equipment Lease/Purchase Agreement dated as of April 8, 2014 and the Schedule(s) thereunder and all future Schedule(s) (the "Agreements") by and between Lessee and Banc of America Public Capital Corp., and these Agreements are binding and authorized Agreements of Lessee, enforceable in all respects in accordance with their terms.

Name of Official Title
Dated:-------------
Signature

EXHIBIT ONLY-DO NOT EXECUTE
By:

Name: ------------- Title:
(The signer certifying this Certificate cannot be listed above as authorized to execute the Agreements.)
#765386vlA (BAPCC/Gov't Entity Master Lease) C-1
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EXHIBITD

OPINION OF COUNSEL TO LESSEE
(to be typed on letterhead of counsel)
Banc of America Public Capital Corp.
555 California Street, 4th Floor
San Francisco, California 94104
Re: Schedule of Property No. , dated , to Master
Equipment Lease/Purchase Agreement, dated as of April 8, 2014, between Banc of America Public Capital Corp., as Lessor, and City of Oxnard, California, as Lessee
Ladies and Gentlemen:

As legal counsel to City of Oxnard, California ("Lessee"), I have examined (a) an executed counterpart of a certain Master Equipment Lease/Purchase Agreement, dated as of April 8, 2014, and Exhibits thereto by and between Banc of America Public Capital Corp . . ("Lessor") and Lessee (the "Agreement") and an executed counterpart of Schedule of Property No. , dated , by and between Lessor and Lessee (the
"Schedule"), which, among other things, provides for the lease of certain property listed in the Schedule (the "Equipment") and a certain Acquisition Fund and Account Control Agreement among Lessor, Lessee, and as Acquisition Fund
Custodian, dated , (b) an executed counterpart of the ordinances or resolutions of Lessee which, among other things, authorize Lessee to execute the Agreement and the Schedule and ( c) such other opinions, documents and matters of law as I have deemed necessary in connection with the following opinions. The Schedule and the terms and provisions of the Agreement incorporated therein by reference together with the Rental Payment Schedule attached to the Schedule are herein referred to collectively as the "Lease", and the Lease and the Acquisition Fund and Account Control Agreement are referred to collectively as the "Transaction Documents."
Based on the foregoing, I am of the following opinions:

1. Lessee is a public body corporate and politic, duly organized and existing under the laws of the State, and [has a substantial amount of the following sovereign powers: (a) the power to tax, (b) the power of eminent domain, and ( c) police power] [is a political subdivision of a state within the meaning of Section 103( c) of the Internal Revenue Code of 1986, as amended (the "Code") and the obligations of Lessee under the Agreement will constitute an obligation of Lessee within the meaning of Section I03(a) of the Code, notwithstanding Section 103(b) of the Code].

2. Lessee has the requisite power and authority to lease and acquire the Equipment and to execute and deliver the Transaction Documents and to perform its obligations under the Lease.
#765386vlA (BAPCC/Gov't Entity Master Lease) D-1
278

3. The Lease has been duly authorized, approved, executed and delivered by and on behalf of Lessee and the Transaction Documents are valid and binding obligations of Lessee enforceable in accordance with their respective terms.

4. The authorization, approval, execution and delivery of the Transaction Documents and all other proceedings of Lessee relating to the transactions contemplated thereby have been performed in accordance with all open meeting laws, public bidding laws and all other applicable state or federal laws; and

5. There is no proceeding pending or threatened in any court or before any governmental authority or arbitration board or tribunal that, if adversely determined, would adversely affect the transactions contemplated by the Transaction Documents or the security interest of Lessor or its assigns, as the case may be, in the Equipment or other collateral thereunder.
[6. The portion of rentals designated as and constituting interest paid by Lessee and received by Lessor is excluded from Lessor's gross income for federal income tax purposes under Section 103 of the Code and is exempt from State of personal income taxes; and such interest is not a specific item of tax preference or other collateral for purposes of the federal individual or corporate alternative minimum taxes.] All capitalized terms herein shall have the same meanings as in the Transaction Documents unless otherwise provided herein. Lessor and its successors and assigns, and any counsel rendering an opinion on the tax-exempt status of the interest components of the Rental Payments, are entitled to rely on this opinion.

Printed Name: Signature:

Firm: Dated:

Address:

Telephone No.:
#765386vlA (BAPCC/Gov't Entity Master Lease) D-2
279

EXHIBITE

ACCEPTANCE CERTIFICATE
Banc of America Public Capital Corp.
555 California Street, 4th Floor
San Francisco, California 94104
Re: Schedule of Property No. , dated , to
Master Equipment Lease/Purchase Agreement, dated as of April 8, 2014, between Banc of America Public Capital Corp., as Lessor, and City of Oxnard, California, as Lessee
Ladies and Gentlemen:

In accordance with the Master Equipment Lease/Purchase Agreement (the "Agreement"), the undersigned Lessee hereby certifies and represents to, and agrees with Lessor as follows:

1. All of the Equipment (as such term is defined in the Agreement) listed in the above-referenced Schedule of Property (the "Schedule") has been delivered, installed and accepted on the date hereof.

2. Lessee has conducted such inspection and/or testing of the Equipment listed in the Schedule as it deems necessary and appropriate and hereby acknowledges that it accepts the Equipment for all purposes.

3. Lessee is currently maintaining the insurance coverage required by Section 7.02 of the Agreement.

4. No event or condition that constitutes, or with notice or lapse of time, or both, would constitute, an Event of Default (as defined in the Agreement) exists at the date hereof.

Date: -------------
(Seal)
#765386vlA (BAPCC/Gov't Entity Master Lease) E-1
LESSEE:

City of Oxnard, California

EXHIBIT ONLY-DO NOT EXECUTE
By:

Name: ------------- Title:
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EXHIBITF

NOTICE AND ACKNOWLEDGEMENT OF ASSIGNMENT

DATED ---------
BANC OF AMERICA PUBLIC CAPITAL CORP. ("Assignor") hereby gives notice that it has assigned and sold to ("Assignee") all of Assignor's right, title and interest in, to and under [Schedule of Property] No. [ ), dated ~-------~ (the "Lease") to the Master Equipment Lease/Purchase Agreement ( "Equipment Lease") dated as of , between Assignor and ----------("Lessee").

For purposes of this Notice and Acknowledgment of Assignment (the "Acknowledgment"), "Lease" means collectively the Lease identified above, together with all exhibits, schedules, addenda and attachments related thereto, and all certifications and other documents delivered in connection therewith. The term "Lease" specifically excludes all other [Schedules of Property] entered into under the Equipment Lease and rental payments other than with respect to the [Schedule of Property] identified above. Each capitalized term used but not defined herein has the meaning set forth in the Equipment Lease described above.

1. Pursuant to the authority of Resolution adopted on
_________ , Lessee hereby acknowledges the effect of the assignment of the Lease and absolutely and unconditionally agrees to deliver to Assignee all rental payments and other amounts coming due under the Lease in accordance with the terms thereof on and after the date of this Acknowledgment.

2. Lessee hereby agrees that: (i) Assignee shall have all the rights of Lessor under the Lease and all related documents, including, but not limited to, the rights to issue or receive all notices and reports, to give all consents or agreements to modifications thereto, to receive title to the equipment in accordance with the terms of the Lease, to declare a default and to exercise all remedies thereunder; and (ii) except as provided in Section [ I of the Lease, the obligations of Lessee to make rental payments and to perform and observe the other covenants and agreements contained in the Lease shall be absolute and unconditional in all events without abatement, diminution, deduction, set-off or defense.

3. Lessee agrees that, as of the date of this Acknowledgment, the following information about the Lease is true, accurate and complete:

Number of Rental Payments Remaining -
Amount of Each Rental Payment
Total Amount of Rents Remaining
Frequency of Rental Payments
#765386v1A (BAPCC/Gov't Entity Master Lease) F-1
$ ______ _
$
-------
281
Next Rental Payment Due
Funds Remaining in Escrow Fund $ ___ _

4. The Lease remains in full force and effect, has not been amended and no nonappropriation or event of default ( or event which with the passage of time or the giving of notice or both would constitute a default) has occurred thereunder.

5. Any inquiries of Lessee related to the Lease and any requests for escrow disbursements, if applicable, and all rental payments and other amounts coming due pursuant to the Lease on and after the date of this Acknowledgment should be remitted to Assignee at the following address ( or such other address as provided to Lessee in writing from time to time by Assignee):

ACKNOWLEDGED AND AGREED:

LESSEE:
[FOR EXHIBIT PURPOSES ONLY]
By:

Name:-------------
Title:

ASSIGNOR: BANC OF AMERICA PUBLIC CAPITAL CORP.
[FOR EXHIBIT PURPOSES ONLY]
By:

Name:-------------
Title:
#765386v1A (BAPCC/Gov't Entity Master Lease) F-2
282
1 Escrow Agreement
This Escrow Agreement (this “Agreement”) dated as of November 15, 2022by and among Banc of America Public Capital Corp, a Kansas corporation (together with its successors and assigns, hereinafter referred to as “Lessor”), the City of Oxnard, California, a municipal corporation organized and existing under the laws of the State of California (hereinafter referred to as “Lessee”) and Computershare Trust Company, N.A., a national banking association organized under the laws of the United States (hereinafter referred to as “Escrow Agent”).

Reference is made to that certain Master Equipment Lease/Purchase Agreement dated as of April 8, 2014 between Lessor and Lessee (hereinafter referred to as the “Lease”), covering the acquisition and lease of certain Equipment described therein (the “Equipment”). It is a requirement of the Lease that the Acquisition Amount $2,035,000.00 be deposited into a segregated escrow account under terms satisfactory to Lessor, for the purpose of fully funding the Lease, and providing a mechanism for the application of such amounts to the purchase of and payment for the Equipment. The Parties acknowledge that the Escrow Agent is not a party to, is not bound by, and has no duties or obligations under the Lease, that all references in this Agreement to the Lease are for convenience, and that the Escrow Agent shall have no implied duties beyond the express duties set forth in this Agreement.

NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

1. Creation of Escrow Account.
(a) There is hereby created an escrow fund to be known as the “Oxnard Equipment Escrow Account Schedule 26” (the “Escrow Account”) to be held by the Escrow Agent for the purposes stated herein, for the benefit of Lessor and Lessee, to be held, disbursed, and returned in accordance with the terms hereof. Following execution hereof, the Acquisition Amount of $ in immediately available funds shall be wired by the Lessor to the Escrow Agent in order to be deposited and held in the Escrow Account. (b) The Escrow Agent is authorized and directed to deposit, transfer, hold and invest the Escrow Account and any investment income thereon as set forth in Exhibit B hereto or as set forth in any subsequent written instruction signed by Lessee. All funds invested by Escrow Agent at the direction of Lessee shall be deemed to be part of the Escrow Account and subject to all the terms and conditions of this Agreement. If any additional cash is received by the Escrow Agent for the Escrow Account after the cut-off time for the designated investment vehicle, the Escrow Agent shall hold such cash uninvested until the next Business Day. In the absence of written instructions from Lessee designating an investment of cash in the Escrow Account, cash in the Escrow Account shall remain uninvested and it shall not be collateralized.

Escrow Agent shall have no obligation to pay interest on cash in respect of any period during which it remains uninvested. Lessee shall be solely responsible for ascertaining that all proposed investments and reinvestments are Qualified Investments and that they comply with federal, state and local laws, regulations and ordinances governing investment of such funds and for providing 283
2 appropriate notice to the Escrow Agent for the reinvestment of any maturing investment.

Accordingly, neither the Escrow Agent nor Lessor shall be responsible for any liability, cost, expense, loss or claim of any kind, directly or indirectly arising out of or related to the investment or reinvestment of all or any portion of the moneys on deposit in the Escrow Account, and Lessee agrees to and does hereby release the Escrow Agent and Lessor from any such liability, cost, expenses, loss or claim. Interest earned on the Escrow Account shall become part of the Escrow Account, and gains and losses on the investment of the moneys on deposit in the Escrow Account shall be borne by the Lessee. The Escrow Agent shall have no discretion whatsoever with respect to the management, disposition or investment of the Escrow Account.

The Escrow Agent shall not be responsible for any market decline in the value of the Escrow Account and has no obligation to notify Lessor and Lessee of any such decline or take any action with respect to the Escrow Account, except upon specific written instructions stated herein. For purposes of this Agreement, “Qualified Investments” means any investments which meet the requirements of California State law. The Escrow Agent shall have no responsibility or liability for any loss which may result from any investment or sale of investment made pursuant to this Agreement. Lessee acknowledges that the Escrow Agent is not providing investment supervision, recommendations, or advice. Lessee agrees that confirmations of permitted investments are not required to be issued by the Escrow Agent for each month in which a monthly statement is rendered. No investment statement need be rendered for any fund or account if no activity occurred in such fund or account during such month. The parties may obtain confirmations at no additional cost upon its written request. (c) Unless the Escrow Account is earlier terminated in accordance with the provisions of paragraph (d) below, amounts in the Escrow Account shall be disbursed by the Escrow Agent in payment of amounts described in Section 2 hereof upon receipt of written instruction(s) from Lessor, as is more fully described in Section 2 hereof. If the amounts in the Escrow Account are insufficient to pay such amounts, Lessee shall deposit into the Escrow Account any funds needed to complete the acquisition of the Equipment. Any moneys remaining in the Escrow Account on or after the earlier of (i) the expiration of the Acquisition Period or (ii) the date on which Lessee executes an Acceptance Certificate shall be applied as provided in Section 4 hereof.
(d) The Escrow Account shall be terminated at the earliest of (i) the final distribution of amounts in the Escrow Account, (ii) the date on which Lessee executes a Final Acceptance Certificate or (iii) written notice given by Lessor of the occurrence of an Event of Default under the Lease or termination of the Lease due to an Event of Non-appropriation.

Notwithstanding the foregoing, this Agreement shall not terminate nor shall the Escrow Account be closed until all funds deposited hereunder have been disbursed. (e) Lessor and Lessee each respectively represent and warrant that each person signing this Agreement are duly authorized and has legal capacity to execute and deliver this Escrow Agreement, along with each exhibit, agreement, document, and instrument to be executed and delivered by the Parties to this Agreement. The Escrow Agent may act in reliance upon any writing or instrument or signature which it, in good faith, believes to be genuine and may assume the validity and accuracy of any statement or assertion contained in such a writing or instrument. The Escrow Agent shall not be liable in any manner for the sufficiency or correctness as to form, manner of execution, or validity of any instrument nor as to the identity, 284
3 authority, or right of any person executing the same; and its duties hereunder shall be limited to the receipt of such moneys, instruments or other documents received by it as the Escrow Agent, and for the disposition of the same in accordance herewith. Notwithstanding and without limiting the generality of the foregoing, concurrent with the execution of this Agreement, Lessee and Lessor, respectively, shall deliver to the Escrow Agent an authorized signers form in the form of Exhibit A-1 (Lessee) and Exhibit A-2 (Lessor) attached hereto. Notwithstanding the foregoing sentence, the Escrow Agent is authorized to comply with and rely upon any notices, instructions or other communications believed by it to have been sent or given by the parties or by a person or persons authorized by the parties. The Escrow Agent specifically allows for receiving direction by written or electronic transmission from an authorized representative with the following caveat, Lessee and Lessor agree to indemnify and hold harmless the Escrow Agent against any and all claims, losses, damages, liabilities, judgments, costs and expenses (including reasonable attorneys' fees) (collectively, "Losses") incurred or sustained by the Escrow Agent as a result of or in connection with the Escrow Agent’s reliance upon and compliance with instructions or directions given by written or electronic transmission given by each, respectively, provided, however, that such Losses have not arisen from the gross negligence or willful misconduct of the Escrow Agent, it being understood that forbearance on the part of the Escrow Agent to verify or confirm that the person giving the instructions or directions, is, in fact, an authorized person shall not be deemed to constitute gross negligence or willful misconduct.

In the event conflicting instructions as to the disposition of all or any portion of the Escrow Account are at any time given by Lessor and Lessee, the Escrow Agent shall abide by the instructions or entitlement orders given by Lessor without consent of the Lessee. (f) Unless the Escrow Agent’s conduct is determined to be gross negligence or willful misconduct with regard to its duties hereunder, to the extent permitted by law, Lessee agrees to and does hereby release and indemnify the Escrow Agent and hold it harmless from any and all claims, liabilities, losses, actions, suits or proceedings at law or in equity, or any other expense, fees or charges of any character or nature, which it may incur or with which it may be threatened by reason of its acting as Escrow Agent under this Agreement; and in connection therewith, does to the extent permitted by law indemnify the Escrow Agent against any and all expenses; including reasonable attorneys’ fees and the cost of defending any action, suit or proceeding or resisting any claim.
(g) If Lessee and Lessor shall be in disagreement about the interpretation of the Lease, or about the rights and obligations, or the propriety of any action contemplated by the Escrow Agent hereunder, the Escrow Agent may, but shall not be required to, file an appropriate civil action including an interpleader action to resolve the disagreement. The Escrow Agent shall be reimbursed by Lessee for all costs, including reasonable attorneys’ fees, in connection with such civil action, and shall be fully protected in suspending all or part of its activities under the Lease until a final judgment in such action is received. (h) The Escrow Agent may consult with counsel of its own choice and shall have full and complete authorization and protection with the opinion of such counsel. The Escrow Agent shall otherwise not be liable for any mistakes of fact or errors of judgment, or for any acts or omissions of any kind unless caused by its gross negligence or willful misconduct. 285
4 (i) Lessee shall reimburse the Escrow Agent for all reasonable costs and expenses, including those of the Escrow Agent’s attorneys, agents and employees incurred for non-routine administration of the Escrow Account and the performance of the Escrow Agent’s powers and duties hereunder in connection with any Event of Default under the Lease, any termination of the Lease due to an Event of Non-appropriation or in connection with any dispute between Lessor and Lessee concerning the Escrow Account. (j) The Escrow Agent or any successor may at any time resign by giving mailed notice to Lessee and Lessor of its intention to resign and of the proposed date of resignation (the “Effective Date”), which shall be a date not less than 60 days after such notice is delivered to an express carrier, charges prepaid, unless an earlier resignation date and the appointment of a successor shall have been approved by the Lessee and Lessor. After the Effective Date, the Escrow Agent shall be under no further obligation except to hold the Escrow Account in accordance with the terms of this Agreement, pending receipt of written instructions from Lessor regarding further disposition of the Escrow Account. (k) The Escrow Agent shall have no responsibilities, obligations or duties other than those expressly set forth in this Agreement and no implied duties responsibilities or obligations shall be read into this Agreement. The Escrow Agent is obligated only to perform the duties specifically set forth in this Agreement, which shall be deemed purely ministerial in nature. Under no circumstance will the Escrow Agent be deemed to be a fiduciary to any Party or any other person under this Agreement. The Escrow Agent will not be responsible or liable for the failure of any Party to perform in accordance with this Agreement. This Agreement sets forth all matters pertinent to the Escrow Account contemplated hereunder, and no additional obligations of the Escrow Agent shall be inferred or implied from the terms of this Agreement or the Lease. The permissive rights of the Escrow Agent to do things enumerated in this Agreement shall not be construed as duties. No provision of this Agreement shall require the Escrow Agent to risk or advance its own funds or otherwise incur any financial liability or potential financial liability in the performance of its duties or the exercise of its rights under this Agreement.
(l) The Escrow Agent shall not be liable, directly or indirectly, for any (i) damages, losses or expenses arising out of the services provided hereunder, other than damages, losses or expenses which have resulted from the Escrow Agent’s gross negligence or willful misconduct, or (ii) special, indirect, punitive, or consequential damages or losses of any kind whatsoever (including without limitation lost profits), even if the Escrow Agent has been advised of the possibility of such losses or damages and regardless of the form of action. (m) Lessor and Lessee are aware that under applicable state law, property which is presumed abandoned may under certain circumstances escheat to the applicable state.

The Escrow Agent shall have no liability to the Lessor or Lessee, their respective heirs, legal representatives, successors and assigns, or any other party, should any or all of the Escrow Account escheat by operation of law.
(n) The Escrow Agent shall be entitled to compensation for its services as stated in the fee schedule attached hereto as Exhibit C, which compensation shall be paid by Lessee on the date hereof. The fee agreed upon for the services rendered hereunder is intended as 286
5 full compensation for the Escrow Agent's services as contemplated by this Agreement; provided, however, that in the event that the conditions for the disbursement of funds under this Agreement are not fulfilled, or the Escrow Agent renders any service not contemplated in this Agreement, or there is any assignment of interest in the subject matter of this Agreement, or any material modification hereof, or if any material controversy arises hereunder, or the Escrow Agent is made a party to any litigation pertaining to this Agreement or the subject matter hereof, then the Escrow Agent shall be compensated for such extraordinary services and reimbursed for all costs and expenses, including reasonable attorneys’ fees and expenses, occasioned by any such delay, controversy, litigation or event. If any amount due to the Escrow Agent hereunder is not paid within thirty (30) calendar days of the date due, the Escrow Agent in its sole discretion may charge interest on such amount up to the highest rate permitted by applicable law. (o) In the event that any Acquisition Amount shall be attached, garnished or levied upon by any court order, or the delivery thereof shall be stayed or enjoined by an order of a court, or any order, judgment or decree shall be made or entered by any court order affecting the Acquisition Amount, the Escrow Agent is hereby expressly authorized, in its sole discretion, to respond as it deems appropriate or to comply with all writs, orders or decrees so entered or issued, or which it is advised by legal counsel of its own choosing is binding upon it, whether with or without jurisdiction. In the event that the Escrow Agent obeys or complies with any such writ, order or decree it shall not be liable to any of the Parties or to any other person, firm or corporation, should, by reason of such compliance notwithstanding, such writ, order or decree be subsequently reversed, modified, annulled, set aside or vacated. The Escrow Agent shall further have no obligation to pursue any action that is not in accordance with applicable law.

2. Acquisition of Property.
(a) Acquisition Contracts. Lessee will arrange for, supervise and provide for, or cause to be supervised and provided for, the acquisition of the Equipment, with moneys available in the Escrow Account. Lessee represents the estimated costs of the Equipment are within the funds estimated to be available therefor, and Lessor makes no warranty or representation with respect thereto. Lessor shall have no liability under any of the acquisition or construction contracts. Lessee shall obtain all necessary permits and approvals, if any, for the acquisition, equipping and installation of the Equipment, and the operation and maintenance thereof. Escrow Agent shall have no duty to monitor or enforce Lessee’s compliance with the foregoing covenant.
(b) Authorized Escrow Account Disbursements. It is agreed as between Lessee, Lessor and Escrow Agent that disbursements from the Escrow Account shall be made for the purpose of paying (including the reimbursement to Lessee for advances from its own funds to accomplish the purposes hereinafter described) the cost of acquiring the Equipment and to pay a portion of the City’s costs of issuance.
(c) Requisition Procedure. No disbursement from the Escrow Account shall be made unless and until Lessor has approved such requisition. Prior to disbursement from the Escrow Account there shall be filed with the Escrow Agent a requisition for such payment in the form of Disbursement Request attached hereto as Schedule 1, stating each amount to be paid and the name of the person, firm or corporation to whom payment thereof is due. All disbursements 287
6 shall be made by wire transfer. The Escrow Agent is authorized to obtain and rely on confirmation of such Disbursement Request and payment instructions by telephone call-back to the person or persons designated for verifying such requests on Exhibit A-1 Exhibit A-2 (such person verifying the request shall be different than the person initiating the request). The Escrow Agent shall confirm each funds transfer instruction received in the name of a Lessee or Lessor by means of the security procedure selected by such Lessor and Lessee respectively and communicated to the Escrow Agent through a signed certificate in the form of Exhibit A-1 or Exhibit A-2 attached hereto, which upon receipt by the Escrow Agent shall become a part of this Agreement. Once delivered to the Escrow Agent, Exhibit A-1 or Exhibit A-2 may be revised or rescinded only by a writing signed by an authorized representative of the Lessor or Lessee. Such revisions or rescissions shall be effective only after actual receipt and following such period of time as may be necessary to afford the Escrow Agent a reasonable opportunity to act on it. If a revised Exhibit A-1 or A-2 or a rescission of an existing Exhibit A-1 or A-2 is delivered to the Escrow Agent by an entity that is a successor-in-interest to such Party, such document shall be accompanied by additional documentation satisfactory to the Escrow Agent showing that such entity has succeeded to the rights and responsibilities of the Lessor and Lessee under this Agreement. Lessor and Lessee understand that the Escrow Agent’s inability to receive or confirm funds transfer instructions pursuant to the security procedure selected by such Party may result in a delay in accomplishing such funds transfer, and agree that the Escrow Agent shall not be liable for any loss caused by any such delay.

Each such Disbursement Request shall be signed by an authorized representative of Lessee (an “Authorized Representative”) and by Lessor, and shall be subject to the following conditions, which Escrow Agent shall conclusively presume have been satisfied at such time as a requisition executed by Lessee and Lessor is delivered to it:

1. Delivery to Lessor of an executed Disbursement Request in the form attached hereto as Schedule 1; and

2. Delivery to Lessor of copies of invoices (and proofs of payment of such invoices, if Lessee seeks reimbursement) and bills of sale (if title to such Equipment has passed to Lessee) therefor as required by Section 3.04 of the Lease and any additional documentation reasonably requested by Lessor.

Lessee and Lessor agree that their execution of the form attached hereto as Schedule 1 and delivery of the executed form to Escrow Agent confirms that all of the requirements and conditions with respect to disbursements set forth in this Section 2 have been satisfied. Absent gross negligence or willful misconduct on the part of the Escrow Agent, the Escrow Agent shall not be liable for any action taken or not taken by it in accordance with an executed Disbursement Request.

3. Deposit to Escrow Account. Upon satisfaction of the conditions specified in Section 3.04 of the Lease, Lessor will cause the Acquisition Amount to be deposited in the 288
7 Escrow Account. Lessee agrees to pay any costs with respect to the Equipment in excess of amounts available therefor in the Escrow Account.

4. Excessive Escrow Account. Upon receipt of written instructions from Lessor including a representation that one of the following conditions has been satisfied (upon which representation Escrow Agent shall conclusively rely), any funds remaining in the Escrow Account on or after the earlier of (a) the expiration of the Acquisition Period or (b) the date on which Lessee executes an Acceptance Certificate, or upon a termination of the Escrow Account as otherwise provided herein, shall be distributed by the Escrow Agent to the Lessor in order for the Lessor to apply such funds to amounts owed by Lessee under the Lease in accordance with Section 4.07 of the Lease.

5. Security Interest. The Escrow Agent and Lessee acknowledge and agree that the Escrow Account and all proceeds thereof are being held by Escrow Agent for disbursement or return as set forth herein. Lessee hereby grants to Lessor a first priority perfected security interest in the Escrow Account, and all proceeds thereof, and all investments made with any amounts in the Escrow Account. If the Escrow Account, or any part thereof, is converted to investments as set forth in this Agreement, such investments shall be made in the name of Escrow Agent and the Escrow Agent hereby agrees to hold such investments as bailee for Lessor so that Lessor is deemed to have possession of such investments for the purpose of perfecting its security interest.

6. Control of Escrow Account. In order to perfect Lessor’s security interest by means of control in (i) the Escrow Account established hereunder, (ii) all securities entitlements, investment property and other financial assets now or hereafter credited to the Escrow Account, (iii) all of Lessee’s rights in respect of the Escrow Account, such securities entitlements, investment property and other financial assets, and (iv) all products, proceeds and revenues of and from any of the foregoing personal property (collectively, the “Collateral”), Lessor, Lessee and Escrow Agent further agree as follows:
(a) All terms used in this Section 6 which are defined in the Commercial Code of the State of California (“Commercial Code”) but are not otherwise defined herein shall have the meanings assigned to such terms in the Commercial Code, as in effect on the date of this Agreement.
(b) Escrow Agent will comply with all entitlement orders originated by Lessor with respect to the Collateral, or any portion of the Collateral, without further consent by Lessee. (c) Provided that account investments shall be held in the name of the Escrow Agent, Escrow Agent hereby represents and warrants (a) that the records of Escrow Agent show that Lessee is the sole owner of the Collateral, (b) that Escrow Agent has not been notified or has not been served with any notice of levy or received any notice of any security interest in or other claim to the Collateral, or any portion of the Collateral, other than Lessor’s claim pursuant to this Agreement, and (c) that Escrow Agent is not presently obligated to accept any entitlement order from any person with respect to the Collateral, except for entitlement orders that Escrow Agent is obligated to accept from Lessor under this Agreement and entitlement orders that Escrow Agent, subject to the provisions of paragraph (e) below, is obligated to accept from Lessee. 289
8 (d) Without the prior written consent of Lessor, Escrow Agent will not enter into any agreement by which Escrow Agent agrees to comply with any entitlement order of any person other than Lessor or, subject to the provisions of paragraph (e) below, Lessee, with respect to any portion or all of the Collateral. Escrow Agent shall promptly notify Lessor if any person requests Escrow Agent to enter into any such agreement or otherwise asserts or seeks to assert a lien, encumbrance or adverse claim against any portion or all of the Collateral. (e) Except as otherwise provided in this paragraph (e) and subject to Section 1(b) hereof, Lessee may effect sales, trades, transfers and exchanges of Collateral within the Escrow Account, but will not, without the prior written consent of Lessor, withdraw any Collateral from the Escrow Account. Escrow Agent acknowledges that Lessor reserves the right, by delivery of written notice to Escrow Agent, to prohibit Lessee from effecting any withdrawals (including withdrawals of ordinary cash dividends and interest income), sales, trades, transfers or exchanges of any Collateral held in the Escrow Account. Further, Escrow Agent hereby agrees to comply with any and all written instructions delivered by Lessor to Escrow Agent (once it has had a reasonable opportunity to comply therewith) and has no obligation to, and will not, investigate the reason for any action taken by Lessor, the amount of any obligations of Lessee to Lessor, the validity of any of Lessor’s claims against or agreements with Lessee, the existence of any defaults under such agreements, or any other matter. (f) Lessee hereby irrevocably authorizes Escrow Agent to comply with all instructions and entitlement orders delivered by Lessor to Escrow Agent. (g) Escrow Agent will not attempt to assert control, and does not claim and will not accept any security or other interest in, any part of the Collateral, and Escrow Agent will not exercise, enforce or attempt to enforce any right of setoff against the Collateral, or otherwise charge or deduct from the Collateral any amount whatsoever. (h) Escrow Agent and Lessee hereby agree that any property held in the Escrow Account shall be treated as a financial asset under such section of the Commercial Code as corresponds with Section 8-102 of the Uniform Commercial Code, notwithstanding any contrary provision of any other agreement to which Escrow Agent may be a party. (i) Escrow Agent is hereby authorized and instructed, and hereby agrees, to send to Lessor at its address set forth in Section 8 below, concurrently with the sending thereof to Lessee, duplicate copies of any and all monthly Escrow Account statements or reports issued or sent to Lessee with respect to the Escrow Account.

7. Information Required Under USA PATRIOT ACT. The parties acknowledge that in order to help the United States government fight the funding of terrorism and money laundering activities, pursuant to Federal regulations that became effective on October 1, 2003 (Section 326 of the USA PATRIOT Act) all financial institutions are required to obtain, verify, record and update information that identifies each person establishing a relationship or opening an account. The parties to this Agreement agree that they will provide to the Escrow Agent such information as it may request, from time to time, in order for the Escrow Agent to satisfy the requirements of the USA PATRIOT Act, including but not limited to the name, address, tax identification number and other information that will allow it to identify the individual or entity 290
9 who is establishing the relationship or opening the account and may also ask for formation documents such as articles of incorporation or other identifying documents to be provided.

8. Miscellaneous. Capitalized terms not otherwise defined herein shall have the meanings assigned to them in the Lease, provided however, the Escrow Agent will not be responsible to determine or to make inquiry into any term, capitalized, or otherwise, not defined herein. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original instrument and each shall have the force and effect of an original and all of which together constitute, and shall be deemed to constitute, one and the same instrument.

Notices hereunder shall be made in writing and shall be deemed to have been duly given when personally delivered or when deposited in the mail, first class postage prepaid, or delivered to an express carrier, charges prepaid, or sent by facsimile with electronic confirmation, addressed to each party at its address below.

Notices and other communications hereunder may be delivered or furnished by electronic mail provided that any formal notice be attached to an email message in PDF format and provided further that any notice or other communication sent to an e-mail address shall be deemed received upon and only upon the sender’s receipt of affirmative acknowledgement or receipt from the intended recipient. For purposes hereof no acknowledgement of receipt generated on an automated basis shall be deemed sufficient for any purpose hereunder or admissible as evidence of receipt.

If to Lessor: Banc of America Public Capital Corp
11333 McCormick Road
Mail Code: MD5-032-07-05
Hunt Valley, MD 21031
Attn: Contract Administration
Fax: (443) 541-3057
If to Lessee: City of Oxnard, California
300 W. Third Street, Third Floor
Oxnard, CA 93030
Attn: Betsy George, CFO
Email: [email protected]
If to Escrow Agent Computershare Trust Company, N.A.

CTSO Mail Operations
Attn: Christine Magnuson, Corporate Trust Services
MAC: N9300-070
600 South 4th Street, 7th Floor
Minneapolis, MN 55415
Telephone: (612) 667-6759
E-mail: [email protected]
291
10 9. Lessee and Lessor understand and agree that they are required to provide the Escrow Agent with a properly completed and signed Tax Certification (as defined below) and that the Escrow Agent may not perform its duties hereunder without having been provided with such Tax Certification. As used herein “Tax Certification” shall mean an IRS form W-9 or W-8 as described above. The Escrow Agent will comply with any U.S. tax withholding or backup withholding and reporting requirements that are required by law. With respect to earnings allocable to a foreign person, the Escrow Agent will withhold U.S. tax as required by law and report such earnings and taxes withheld, if any, for the benefit of such foreign person on IRS Form 1042-S (or any other required form), unless such earnings and withheld taxes are exempt from reporting under Treasury Regulation Section 1.1461-1(c)(2)(ii) or under other applicable law. With respect to earnings allocable to a United States person, the Escrow Agent will report such income, if required, on IRS Form 1099 or any other form required by law. The IRS Forms 1099 and/or 1042-S shall show the Escrow Agent as payor and Lessee as payee. Escrow Agent shall recognize Lessee as the designated party for regulatory reporting purposes.

Lessee and Lessor agree that they are not relieved of their respective obligations, if any, to prepare and file information reports under Code Section 6041, and the Treasury regulations thereunder, with respect to amounts of imputed interest income, as determined pursuant to Code Sections 483 or 1272. The Escrow Agent shall not be responsible for determining or reporting such imputed interest.

10. This Agreement shall be governed by and construed in accordance with the laws of the State of California and the parties hereto consent to jurisdiction in the State of California and venue in any state or Federal court located in the County of Ventura. EACH OF THE

PARTIES HERETO IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY TO THE

EXTENT PERMITTED BY LAW IN ANY LITIGATION, ACTION, PROCEEDING IN ANY

COURT ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THIS AGREEMENT.

11. Any bank or corporation into which the Escrow Agent may be merged or with which it may be consolidated, or any bank or corporation to whom the Escrow Agent may transfer a substantial amount of its escrow business, shall be the successor to the Escrow Agent without the execution or filing of any paper or any further act on the part of any of the parties, anything herein to the contrary notwithstanding. Any bank or corporation into which the Lessor may be merged or with which it may be consolidated, or any bank or corporation to whom the Lessor may transfer a substantial amount of its business, shall be the successor to the Lessor without the execution or filing of any paper or any further act on the part of any of the parties, anything herein to the contrary notwithstanding.

12. This Agreement may be amended, modified, and/or supplemented only by an instrument in writing executed by all parties hereto.

13. The Parties and Escrow Agent represent and warrant that the execution and delivery of this Agreement and the performance of such party’s obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. This Agreement shall be binding on and inure to the 292
11 benefit of the Parties and the Escrow Agent and their respective successors and permitted assigns. No other persons shall have any rights under this Agreement. No assignment of the interest of any of the Parties shall be binding unless and until written notice of such assignment shall be delivered to the other Party and the Escrow Agent. No party hereto shall assign its rights hereunder until its assignee has submitted to the Escrow Agent (i) Patriot Act disclosure materials and the Escrow Agent has determined that on the basis of such materials it may accept such assignee as a customer and (ii) assignee has delivered an IRS Form W-8 or W-9, as appropriate, to the Escrow Agent which the Escrow Agent has determined to have been properly signed and completed.

14. Escrow Agent will treat information related to this Agreement as confidential but, unless prohibited by law, Lessee and Lessor authorize the transfer or disclosure of any information relating to the Agreement to and between the subsidiaries, officers, affiliates and other representatives and advisors of Escrow Agent and third parties selected by any of them, wherever situated, for confidential use in the ordinary course of business, and further acknowledge that Escrow Agent and any such subsidiary, officer, affiliate or third party may transfer or disclose any such information as required by any law, court, regulator or legal process.

Lessor will treat information related to this Agreement as confidential but, unless prohibited by law, Escrow Agent and Lessee authorize the transfer or disclosure of any information relating to the Agreement to and between the subsidiaries, officers, affiliates, other representatives and advisors of Lessor and debt and equity sources and third parties selected by any of them, and to their prospective assignees wherever situated, for confidential use in the ordinary course of business, and further acknowledge that Lessor and any such subsidiary, officer, affiliate, debt and equity source or third party or prospective assignee may transfer or disclose any such information as required by any law, court, regulator or legal process.

Lessee will treat the terms of this Agreement as confidential except on a "need to know" basis to persons within or outside Lessee’s organization (including affiliates of such party), such as attorneys, accountants, bankers, financial advisors, auditors and other consultants of such party and its affiliates, except as required by any law, court, regulator or legal process and except pursuant to the express prior written consent of the other parties, which consent shall not be unreasonably withheld.

15. The failure of any party to this Agreement to any time or times to require performance of any provision under this Agreement shall in no manner affect the right at a later time to enforce the same performance. A waiver by any party to this Agreement of any such condition or breach of any term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall neither be construed as a further or continuing waiver of any such condition or breach nor a waiver of any other condition or breach of any other term, covenant, representation, or warranty contained in this Agreement. 293
12 In Witness Whereof, the parties have executed this Agreement as of the date first above written.

Banc of America Public Capital Corp City of Oxnard, California as Lessor as Lessee
By: By:

Name: Name:

Title: Title:

Computershare Trust Company, N.A.,
as Escrow Agent
By:

Name:

Title:
294
SCHEDULE 1
to the Escrow Agreement

FORM OF DISBURSEMENT REQUEST
Re: Master Equipment Lease/Purchase Agreement dated as of April 8, 2014 by and between Banc of America Public Capital Corp, as Lessor, and City of Oxnard, California, as Lessee (the “Lease”) (Capitalized terms not otherwise defined herein shall have the meanings assigned to them in the Lease.)
In accordance with the terms of the Escrow Agreement, dated as of _____________ (the “Escrow Agreement”) by and among Banc of America Public Capital Corp (“Lessor”), the City of Oxnard, California (“Lessee”) and ______________, (the “Escrow Agent”), the undersigned hereby requests the Escrow Agent pay the following persons the following amounts from the Escrow Account created under the Escrow Agreement for the following purposes:

Disbursement Amounts:

Payee’s Name and Address Invoice Number Dollar Amount Purpose <invoice list OR “see
attached” with a
spreadsheet>
<invoice list OR “see
attached” with a
spreadsheet>
Lessee hereby represents, covenants and warrants for the benefit of Lessor on the date hereof as follows:
(i) (a) Each obligation specified in the table herein titled as “Disbursement Amounts” has been incurred by Lessee in the stated amount, (b) the same is a proper charge against the Escrow Account for costs relating to the Equipment identified in the Lease, and (c) has not been paid (or has been paid by Lessee and Lessee requests reimbursement thereof).
(ii) Each item of Equipment relating to an obligation specified in the table herein titled as “Disbursement Amounts” has been delivered, installed and accepted by Lessee. Attached hereto is a copy of the invoice with respect to such obligation.
(iii) The undersigned, as Authorized Representative, has no notice of any vendor’s, mechanic’s or other liens or rights to liens, chattel mortgages, conditional sales contracts or security interest which should be satisfied or discharged before such payment is made. (iv) This requisition contains no item representing payment on account, or any retained percentages which Lessee is, at the date hereof, entitled to retain (except to the extent such amounts represent a reimbursement to Lessee).
(v) The Equipment is insured in accordance with the Lease. 295
(vi) No Event of Default, and no event which with notice or lapse of time, or both, would become an Event of Default, under the Lease has occurred and is continuing at the date hereof. No Event of Non-appropriation has occurred or is threatened with respect to the Lease. (vii) The disbursement shall occur during the Acquisition Period. (viii) The representations, warranties and covenants of Lessee set forth in the Lease are true and correct as of the date hereof.
(ix) No Material Adverse Change has occurred since the date of the execution and delivery of the Lease.
(x) The information in this Disbursement Request regarding each Payee, including their respective name, address and wiring instructions, (collectively, the “Payee Information”) is true and correct, such Payee Information has been verified and confirmed by Lessee and the Lessor can rely on Lessee’s verification and confirmation of the accuracy of such Payee Information. Lessee hereby acknowledges and agrees that any call-back performed by Lessor to verify the disbursement instructions pursuant to this Disbursement Request shall be made to Lessee only and Lessor shall have no obligation to call-back any Payee listed above.

Dated: __________________

CITY OF OXNARD, CALIFORNIA
By:

Name: ______________________________
Title: _______________________________
Disbursement of funds from the Escrow
Account in accordance with the foregoing
Disbursement Request hereby is authorized

BANC OF AMERICA PUBLIC CAPITAL CORP
as Lessor under the Lease
By:

Name:

Title:
296
EXHIBIT A-1
City of Oxnard (“Lessee”) certifies that the names, titles, telephone numbers, e-mail addresses and specimen signatures set forth in Parts I and II of this Exhibit A-1 identify the persons authorized to provide direction and initiate or confirm transactions, including funds transfer instructions, on behalf of Lessee, and that the option checked in Part III of this Exhibit A-1 is the security procedure selected by Lessee for use in verifying that a funds transfer instruction received by the Escrow Agent is that of Lessee.

Lessee has reviewed each of the security procedures and has determined that the option checked in Part III of this Exhibit A-1 best meets its requirements; given the size, type and frequency of the instructions it will issue to the Escrow Agent. By selecting the security procedure specified in Part III of this Exhibit A-1, Lessee acknowledges that it has elected to not use the other security procedures described and agrees to be bound by any funds transfer instruction, whether or not authorized, issued in its name and accepted by the Escrow Agent in compliance with the particular security procedure chosen by Lessee.

NOTICE: The security procedure selected by Lessee will not be used to detect errors in the funds transfer instructions given by Lessee. If a funds transfer instruction describes the beneficiary of the payment inconsistently by name and account number, payment may be made on the basis of the account number even if it identifies a person different from the named beneficiary. If a funds transfer instruction describes a participating financial institution inconsistently by name and identification number, the identification number may be relied upon as the proper identification of the financial institution. Therefore, it is important that Lessee take such steps as it deems prudent to ensure that there are no such inconsistencies in the funds transfer instructions it sends to the Escrow Agent.

Part I
Name, Title, Telephone Number, Electronic Mail (“e-mail”) Address and Specimen Signature for person(s) designated to provide direction, including but not limited to funds transfer instructions, and to otherwise act on behalf of Lessee Name Title Telephone Number E-mail Address Specimen Signature __________ __________ ________________ _____________ ________________ ___________ __________ ________________ _____________ _______________ ____________ __________ ________________ _____________ __________________ Part II
Name, Title, Telephone Number and E-mail Address for
person(s) designated to confirm funds transfer instructions Name Title Telephone Number E-mail Address
___________________ ________________ ________________ ___________ ___________________ ________________ ________________ ____________ ___________________ ________________ ________________ ____________ 297
Part III
Means for delivery of instructions and/or confirmations The security procedure to be used with respect to funds transfer instructions is checked below:

Option 1. Confirmation by telephone call-back. The Escrow Agent shall confirm funds transfer instructions by telephone call-back to a person at the telephone number designated on Part II above. The person confirming the funds transfer instruction shall be a person other than the person from whom the funds transfer instruction was received, unless only one person is designated in both Parts I and II of this Exhibit A-1.

CHECK box, if applicable:

If the Escrow Agent is unable to obtain confirmation by telephone call-back, the Escrow Agent may, at its discretion, confirm by e-mail, as described in Option 2.

Option 2. Confirmation by e-mail. The Escrow Agent shall confirm funds transfer instructions by e-mail to a person at the e-mail address specified for such person in Part II of this Exhibit A-1. The person confirming the funds transfer instruction shall be a person other than the person from whom the funds transfer instruction was received, unless only one person is designated in both Parts I and II of this Exhibit A-1. Lessee understands the risks associated with communicating sensitive matters, including time sensitive matters, by e-mail. Lessee further acknowledges that instructions and data sent by e-mail may be less confidential or secure than instructions or data transmitted by other methods. The Escrow Agent shall not be liable for any loss of the confidentiality of instructions and data prior to receipt by the Escrow Agent.

CHECK box, if applicable:

If the Escrow Agent is unable to obtain confirmation by e-mail, the Escrow Agent may, at its discretion, confirm by telephone call-back, as described in Option 1. *Option 3. Delivery of funds transfer instructions by password protected file transfer system only - no confirmation. The Escrow Agent offers the option to deliver funds transfer instructions through a password protected file transfer system. If [“___________”] wishes to use the password protected file transfer system, further instructions will be provided by the Escrow Agent. If [“___________”] chooses this Option 3, it agrees that no further confirmation of funds transfer instructions will be performed by the Escrow Agent. *Option 4. Delivery of funds transfer instructions by password protected file transfer system with confirmation. Same as Option 3 above, but the Escrow Agent shall confirm funds transfer instructions by telephone call-back or e-mail (must check at least one, may check both) to a person at the telephone number or e-mail address designated on Part II above. By checking a box in the prior sentence, the party shall be deemed to have agreed to the terms of such confirmation option as more fully described in Option 1 and Option 2 above. *The password protected file system has a password that expires every 60 days. If you anticipate having infrequent activity on this account, please consult with your Escrow Agent before selecting this option.

Dated this ____ day of ___________, 20__.

By ________________________________________
Name:

Title:
298
EXHIBIT A-2
Banc of America Public Capital Corp (“Lessor”) certifies that the names, titles, telephone numbers, e-mail addresses and specimen signatures set forth in Parts I and II of this Exhibit A-2 identify the persons authorized to provide direction and initiate or confirm transactions, including funds transfer instructions, on behalf of Lessor, and that the option checked in Part III of this Exhibit A-2 is the security procedure selected by Lessor for use in verifying that a funds transfer instruction received by the Escrow Agent is that of Lessor.

Lessor has reviewed each of the security procedures and has determined that the option checked in Part III of this Exhibit A-2 best meets its requirements; given the size, type and frequency of the instructions it will issue to the Escrow Agent. By selecting the security procedure specified in Part III of this Exhibit A-2, Lessor acknowledges that it has elected to not use the other security procedures described and agrees to be bound by any funds transfer instruction, whether or not authorized, issued in its name and accepted by the Escrow Agent in compliance with the particular security procedure chosen by Lessor.

NOTICE: The security procedure selected by Lessor will not be used to detect errors in the funds transfer instructions given by Lessor. If a funds transfer instruction describes the beneficiary of the payment inconsistently by name and account number, payment may be made on the basis of the account number even if it identifies a person different from the named beneficiary. If a funds transfer instruction describes a participating financial institution inconsistently by name and identification number, the identification number may be relied upon as the proper identification of the financial institution. Therefore, it is important that Lessor take such steps as it deems prudent to ensure that there are no such inconsistencies in the funds transfer instructions it sends to the Escrow Agent.

Part I
Name, Title, Telephone Number, Electronic Mail (“e-mail”) Address and Specimen Signature for person(s) designated to provide direction, including but not limited to funds transfer instructions, and to otherwise act on behalf of Lessor Name Title Telephone Number E-mail Address Specimen Signature ___________ __________ _____________ _____________ ______________________ ___________ __________ _____________ _____________ ______________________ ___________ __________ ______________ _____________ ______________________ Part II
Name, Title, Telephone Number and E-mail Address for
person(s) designated to confirm funds transfer instructions Name Title Telephone Number E-mail Address
__________________ ________________ ________________ ____________ ___________________ ________________ ________________ _____________ ___________________ ________________ ________________ ____________ 299
Part III
Means for delivery of instructions and/or confirmations The security procedure to be used with respect to funds transfer instructions is checked below:

CHECK box, if applicable:

If the Escrow Agent is unable to obtain confirmation by telephone call-back, the Escrow Agent may, at its discretion, confirm by e-mail, as described in Option 2.

Option 2. Confirmation by e-mail. The Escrow Agent shall confirm funds transfer instructions by e-mail to a person at the e-mail address specified for such person in Part II of this Exhibit A-2. The person confirming the funds transfer instruction shall be a person other than the person from whom the funds transfer instruction was received, unless only one person is designated in both Parts I and II of this Exhibit A-2. Lessor understands the risks associated with communicating sensitive matters, including time sensitive matters, by e-mail. Lessor further acknowledges that instructions and data sent by e-mail may be less confidential or secure than instructions or data transmitted by other methods. The Escrow Agent shall not be liable for any loss of the confidentiality of instructions and data prior to receipt by the Escrow Agent.

CHECK box, if applicable:

Dated this ____ day of ___________, 20__.

By ________________________________________
Name:

Title:
300

EXHIBIT B
Investment Direction to be attached.
301
Deposit Option Investment Direction Form
Direction to use the following Computershare Trust Company, N.A. (Computershare) Deposit Option for cash balances for the following account(s):

Account name: City of Oxnard, California / Banc of America Public Capital Corp Equipment Schedule 26 – Escrow Account
Account number(s): xxxx7600
You are hereby directed to deposit, as indicated below, or as I shall direct further in writing from time to time, all cash in the account(s) in the following Computershare Deposit Option:

Computershare Domestic Deposit Option (DDOM)
(SEI CUSIP = VP7000301)
I acknowledge that I have full power and authority to direct investments of the account(s) and have determined that the deposit option is an appropriate investment for the account(s).

I understand that Computershare shall have no responsibility or liability for any diminution of the funds that may result from any deposit or investment made by Computershare in accordance with this direction, including any losses resulting from a default by any bank, financial institution or other third party.

I understand that deposits held in the above mentioned Deposit Option will be held with financial institutions as described in the Fact Sheet that was provided to me.

I understand that amounts on deposit in the DDOM are insured, subject to the applicable rules and regulations of the Federal Deposit Insurance Corporation (FDIC), in the basic FDIC insurance amount of $250,000 per depositor, per insured bank. This includes principal and accrued interest up to a total of $250,000.

I understand that Computershare may from time to time receive compensation in connection with such deposits or investments.

I understand that I may change this direction at any time and that it shall continue in effect until revoked or modified by me by written notice to you.
302

EXHIBIT C

FEES OF ESCROW AGENT
Corporate Trust Services Schedule of fees to provide escrow agent services 303
SCHEDULE OF PROPERTY NO. 26
Re: Master Equipment Lease/Purchase Agreement, dated as of April 8, 2014, between Banc of America Public Capital Corp, as Lessor, and City of Oxnard, California, as Lessee

1. Defined Terms. All terms used herein have the meanings ascribed to them in the above-referenced Master Equipment Lease/Purchase Agreement (the “Master Equipment Lease”). For purposes of this Schedule the following defined terms in the Master Equipment Lease shall be defined as the following:
a. The Acquisition Fund shall be deemed the Oxnard Escrow Account created under the Acquisition Fund Agreement.
b. The Acquisition Fund Agreement shall be deemed that certain Escrow Agreement, dated as of November 15, 2022, by and among Lessor, Lessee and the Acquisition Fund Custodian. c. The Acquisition Fund Custodian shall be deemed Computershare Trust Company, N.A., a national banking association, as Escrow Agent under Escrow Agreement, dated as of November 15, 2022, by and among Lessor, Lessee and Computershare Trust Company, N.A.

2. Equipment. The following items of Equipment are hereby included under this Schedule of the Master Equipment Lease.

Three (3) fire trucks consisting of two (2) engines and one (1) ladder truck as further described in each Disbursement Request under the Escrow Agreement, together with all attachments, additions, accessions, parts, repairs, improvements, replacements, and substitutions thereto as provided in the Agreement

3. Payment Schedule.
(a) Rental Payments. The Rental Payments shall be in such amounts and payable on such dates as set forth in the Rental Payment Schedule attached to this Schedule as Exhibit B. Rental Payments shall commence on the date on which the Equipment listed in this Schedule is accepted by Lessee, as indicated in an Acceptance Certificate substantially in the form of Exhibit E to the Master Equipment Lease or the date on which sufficient moneys to purchase the Equipment are deposited for that purpose with an Acquisition Fund Custodian, whichever is earlier.
(b) Purchase Price Schedule. The Purchase Price on each Rental Payment date for the Equipment listed in this Schedule shall be the amount set forth for such Rental Payment date in the “Purchase Price” column of the Rental Payment Schedule attached to this Schedule.

The Purchase Price is in addition to all Rental Payments then due under this Schedule (including the Rental Payment shown on the same line in the Rental Payment Schedule).

4. Representations, Warranties and Covenants. Lessee hereby represents, warrants and covenants that its representations, warranties and covenants set forth in the Master Equipment 304
Lease are true and correct as though made on the date of commencement of Rental Payments on this Schedule. Lessee further represents and warrants that (a) no material adverse change in Lessee’s financial condition has occurred since the date of the Master Equipment Lease; (b) the governing body of Lessee has authorized the execution and delivery of this Agreement and the Leases pursuant to Agenda Item No. _______________, approved on ____________________, 2022; (c) the Equipment described in the Agreement referenced above is essential to the functions of Lessee or to the services Lessee provides its citizens; (d) lessee has an immediate need for, and expects to make immediate use of, substantially all such Equipment, which will be used by Lessee only for the purpose of performing one or more of Lessee’s governmental or proprietary functions consistent with the permissible scope of its authority; and (f) Lessee expects and anticipates adequate funds to be available for all future payments or rent due after the current budgetary period.

6. Lease Proceeds. The Lease Proceeds which Lessor shall pay to the Acquisition Fund Custodian in connection with this Schedule is $2,035,000.00, of which $2,035,000.00 is for deposit to the Acquisition Fund. It is expected that by eighteen (18) months from the date of this Schedule of Property No. 26, Lessee will have taken possession of all items of Equipment shown above and that a Lessee’s Acceptance Certificate, or Acceptance Certificates, will be signed by Lessee and delivered to Lessor on or eighteen (18) months from the date of this Schedule of Property No. 26.

7. Acquisition Period. The Acquisition Period applicable to this Schedule shall end at the conclusion of the 18th month following the date hereof.

8. Lease Term. The Lease Term shall consist of the Original Term and (10) Ten consecutive Renewal Terms, with the final Renewal Term ending on June 1, 2032.

9. Purchase Option Commencement Date. For purposes of Section 10.01 of the Lease, the Purchase Option Commencement Date is June 1, 2028.

10. Maximum Equipment Cost. The Maximum Equipment Cost approved on a cumulative basis under the Lease for this Schedule and all previous Schedules is $25,590,000.00.

11. Contract Rate. The Contract Rate for this Schedule is 3.6940%. 305

12. Registration. Any Equipment that is a motor vehicle is to be registered and titled as follows:
(a) Registered Owner: City of Oxnard, California
(b) Lienholder: Banc of America Public Capital Corp
Bank of America Plaza
600 Peachtree Street, NE, 11th Floor
Atlanta, GA 30308-2265
Lessee shall be responsible for the correct titling of all Equipment leased hereunder. Lessee will cause the original Certificates of Title to be delivered to Lessor for retention in Lessor’s files throughout the term of the Lease.
[Remainder of page intentionally left blank; signature page follows] 306
Dated: November 15, 2022
LESSOR: LESSEE:

Banc of America Public Capital Corp City of Oxnard, California 555 California Street, 6th Floor 300 West Third Street, Suite 302 San Francisco, California 94104 Oxnard, California 93030 Attention: Contract Administration Attention: Rovee Oera By: By:

Name: Name:

Title: Title:
(Seal)
Attest:

By:

Name:

Title:

Counterpart No. _____ of _____ manually executed and serially numbered counterparts.

EXHIBIT B

RENTAL PAYMENT SCHEDULE
Rental Rental
Payment Payment Interest Principal Outstanding Purchase Date Amount Portion Portion Balance Price
11/15/2022 2,035,000.00
6/1/2023

128,178.47

40,927.47

87,251.00 1,947,749.00 N/A
12/1/2023

128,177.92

35,974.92

92,203.00 1,855,546.00 N/A
6/1/2024

128,177.93

34,271.93

93,906.00 1,761,640.00 N/A
12/1/2024

128,177.49

32,537.49

95,640.00 1,666,000.00 N/A
6/1/2025

128,178.02

30,771.02

97,407.00 1,568,593.00 N/A
12/1/2025

128,177.91

28,971.91

99,206.00 1,469,387.00 N/A
6/1/2026

128,177.58

27,139.58

101,038.00 1,368,349.00 N/A
12/1/2026

128,178.41

25,273.41

102,905.00 1,265,444.00 N/A
6/1/2027

128,177.75

23,372.75

104,805.00 1,160,639.00 N/A
12/1/2027

128,178.00

21,437.00

106,741.00 1,053,898.00 N/A
6/1/2028

128,177.50

19,465.50

108,712.00

945,186.00

945,186.00
12/1/2028

128,177.59

17,457.59

110,720.00

834,466.00

834,466.00
6/1/2029

128,177.59

15,412.59

112,765.00

721,701.00

721,701.00
12/1/2029

128,177.82

13,329.82

114,848.00

606,853.00

606,853.00
6/1/2030

128,177.57

11,208.57

116,969.00

489,884.00

489,884.00
12/1/2030

128,178.16

9,048.16

119,130.00

370,754.00

370,754.00
6/1/2031

128,177.83

6,847.83

121,330.00

249,424.00

249,424.00
12/1/2031

128,177.86

4,606.86

123,571.00

125,853.00

125,853.00
6/1/2032

128,177.50

2,324.50

125,853.00 - -
----------- ----------- -----------
TOTALS 2,435,378.90 400,378.90 2,035,000.00
308
Prepayment Premium for purposes of Section 10.01(a) is 0.00%.

For purposes of this Lease, “Taxable Rate,” with respect to the interest component of Rental Payments, means an annual rate of interest equal to 4.7147%.

LESSEE:

City of Oxnard, California
By:

Name:

Title:
309
31012
31113
PURCHASE and FINANCING Of

TWO FIRE ENGINES
NHA Advisors LLC
November 1, 2022
312

RECOMMENDATION
2 That the City Council:

1. Approve and authorize the Mayor to execute a Purchase Order with South Coast Emergency Fire Equipment for the purchase of two fire engines; and

1. Approving the Purchase of the Fire Engines
3 314
• Oxnard Fire Department continues to
improve and modernize fleet
• No formal vehicle replacement plan in
place, but the City actively replacing older
vehicles
• Currently 5 of the City’s frontline engines
are between 12 and 17 years old
• City purchased 3 engines back in
March 2022, expected delivery is
Spring 2024
• Current need for two new fire engines:
• Pierce Arrow XT Triple Combination
1500 GPM Pumpers
• Will utilize the new “Clean Cab” design
to minimize firefighter exposure to
carcinogens
• Two current engines (E63 and E85) will
be moved to reserve status upon delivery
of the new engines
DISCUSSION – Purchase of Fire Engines
4 E63 - 2010 Pierce Arrow XT - 120,326 Miles
E85 - 2010 Pierce Arrow XT - 110,518 Miles
315
Prepayment Pay on receipt
$ 995,231.14 $ 1,034,231.14
x 2 engines x 2 engines
$1,990,462.28 $2,068,462.28
Prepaying for the Vehicles reduces
purchase price by $78,000
DISCUSSION – Purchase of Fire Engines
Accelerating the purchase saves
$145,000
Pierce implementing a 7% price increase
on 11/2/2022; purchasing before then
saves $72,877 per engine.
• City staff have selected
South Coast
Emergency Fire
Equipment as the
vendor
• Purchase cost reflects
H-GAC Cooperative
pricing
• Strategy to reduce the
purchase costs of the
vehicles results in
combined $224k total
reduction in the
purchase price
1 2
5 316
Cost to Purchase Two (2) Engines is $1,990,462.28
• $2,000,000 allocated in Fiscal Year 2022/2023 Operating Budget Lease Purchase Equipment Fund (313) Project 232201.
• Equipping the engine and final upfitting will be an additional $181,500 per apparatus.

This will not take place until Fiscal Year 2024/2025.

FINANCIAL IMPACT – Purchase of Fire Engines
6 317
II. Approve the Financing for the Fire Engines
7 318
Financing Overview
• City plans to utilize the existing
line of credit with Bank of
America (BofA) to reimburse City
for the purchase of the vehicles
• Current agreement has been in
place since 2014 and has been
used several times to finance
equipment
• Current draw is Schedule No. 26;
will have a 10-year term (final
payment 6/1/2032)
• Amount borrowed expected to be
just over $2.0 million
• Locked, fixed 10-year interest
rate of 3.694%
• Semi-Annual debt service
payments of $128,000
• Annual payments of $256,000
6/30/20236/30/20246/30/2025
6/30/2026
6/30/2027
6/30/2028
6/30/20296/30/20306/30/20316/30/2032
0 50,000
100,000
150,000
200,000
250,000
300,000
Oxnard Eqpt. Schedule No. 26
Anticipated Lease Payment Schedule
8 319
Summary of Legal Documents
Authorizing Resolution
• Authorize legal documents and
authorize City staff to execute
documents
• Identifies not-to-exceed amounts
related to the Equipment Schedule No.
26 Master Equipment
Lease/Purchase Agreement
• Approved and executed back in 2014
• Provides for the ongoing line of credit
relationship with Bank of America
• Governs all outstanding equipment
schedules
Equipment Schedule No. 26
• Identifies terms related to specific
equipment financing (two fire engines)
• Includes the amortization/repayment
schedule
Escrow and Account Control
Agreement
• Agreement between the City and
Escrow Agent governing the process
by which funds are withdrawn from the
escrow to pay for the vehicles
9 320
Anticipated Timing
Late
September:

Lock Interest rate
October 11, 2022:

Finance and
Governance
Committee and
Public Safety
Committee
Mid-Late
October:

Finalize structure
of the Equipment
Lease
November 1,
2022:

City Council
considers
Equipment
Lease and
Purchase Order
Mid November:

Closing and
funding of
equipment lease
10 321
QUESTIONS?
322

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. L.3
DATE: November 1, 2022
TO: City Council
FROM: Stephen Fischer, City Attorney, (805) 385-7483, [email protected] SUBJECT: Urgency Ordinance Amending Chapter 22, Article VIII of the Oxnard City Code Regarding Water Waste. (20 minutes)

RECOMMENDATION
That the City Council introduce for first reading by title only and adopt an Urgency Ordinance pursuant to Government Code section 36937(b), amending certain sections of Article VIII of Chapter 22 of the Oxnard City Code and implementing water conservation measures that is entitled:
“AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD AMENDING CHAPTER 22, ARTICLE VIII OF THE OXNARD CITY CODE TO COMPLY WITH AND ENFORCE EMERGENCY DROUGHTRELATED WATER USE RESTRICTIONS”. (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/EN9Ivc8OIs

BACKGROUND
California is experiencing a drought emergency following the three driest years on record.

On March 18, 2022, the Department of Water Resources (DWR) announced that State Water Project (SWP) allocations would be 5%, down from 15% the previous year. Following the announcement, Metropolitan Water District of Southern California (MWD) indicated that SWP dependent regions of its service area have insufficient supplies to meet current water demands.

The Calleguas Municipal Water District (CMWD) receives most of its water from MWD via the SWP, receiving 80% of its water from outside sources. The City of Oxnard receives up to 40% of its water from CMWD.

On March 28, 2022, Governor Newsom issued Executive Order N-7-22 in response to the historic drought conditions.

The Order requires all water providers to implement a minimum Stage 2 of their Water Shortage Contingency Plans (WSCP). On April 27, 2022, CMWD declared a Stage 3 Water Shortage and called on all water users within its service area to immediately reduce water use by up to 30%.

On April 26, 2022, MWD adopted a framework for an Emergency Water Conservation Program (EWCP) to reduce nonessential water use and preserve available supply for the greatest public benefit in SWP dependent areas. The framework includes two paths for affected MWD Member Agencies to reduce the use of SWP supplies: 1) reduce outdoor watering to one-day per week or 2) meet a monthly allocation limit. Thereafter, CMWD adopted an Emergency Water Conservation Program including the two path compliance framework consistent with that of MWD. 323
On May 17, 2022, City Council proclaimed in Resolution No. 15,569 the existence of a local emergency due to water shortage conditions and adopted new mandatory water conservation measures consistent with Stage 2 of the City’s WSCP. One week later, the State Water Resources Control Board (SWRCB) adopted an emergency regulation implementing a statewide ban on the use of potable water for irrigating non-functional turf at commercial, industrial and institutional properties, including Home Owners Associations (“HOAs”). SWRCB has defined non-functional turf as “ turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events.” The SWRCB regulation will remain in effect for one year, unless the SWRCB modifies, readopts, or lifts the regulation before then.

In response, the City issued Director Order 20-03 on June 23, 2022, establishing a 10 minute per day per station irrigation limit with the exception of the hand watering of food plants outside of the designated watering period with use of a container or hose with a shut off nozzle in line with MWD’s EWCP. The Director Order also banned the use of potable water for irrigation of non-functional turf at Commercial, Industrial and Institutional properties, including Home Owner Associations (HOA) in line with SWRCB’s emergency regulation.

Efficient enforcement of water conservation measures requires amending certain sections in article VIII of Chapter 22 of the Oxnard City Code (OCC). The Urgency Ordinance provides for new water conservation measures and enforcement procedures, keeping the City in compliance with state and local mandates and helping reduce water use.

This Urgency Ordinance is submitted pursuant to Government Code section 36937, which authorizes the adoption of an urgency ordinance for the immediate preservation of the public peace, health, or safety.

DISCUSSION
An Urgency Ordinance allows the City Council to immediately adopt and implement a new law for the preservation of public health and safety, pursuant to Government Code section 36937, subdivision (b). This Ordinance is also before the Council as Agenda Item L.3, proceeding as a Regular Ordinance pursuant to Government Code sections 36933 through 36934. The Ordinances and their amendments to Chapter 22, Article VIII are identical. The Urgency Ordinance, if adopted by the Council, will go into effect immediately. Whereas, the Regular Ordinance, if adopted by the Council, will go into effect in January of 2023. The Urgency Ordinance provides the City with the immediate ability to comply with and enforce water waste prohibitions and water conservation measures required during a declared drought emergency, while the Regular Ordinance is pending before the Council.

The Urgency Ordinance updates the City’s Water Waste code by implementing emergency water conservation measures that apply only when the City Council or the Director of Emergency Services declares a drought emergency in the City.

Additionally, the Urgency Ordinance updates the enforcement mechanism for water waste violators, by issuing administrative citations for violations of permanent and emergency water conservation measures. The water conservation measures set forth in the Urgency Ordinance implement restrictions on the watering of non-functional turf—defined as turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events, and limiting outdoor irrigation to a certain number of days per week.

The Urgency Ordinance allows for the hand watering of trees, food plants or other perennials with a container (e.g. bucket or watering can) or a hose fitted with a shut-off nozzle. The use of drip irrigation or other high-efficiency irrigation systems to apply water at a weekly volume consistent with the watering restriction is allowed. Sports activity fields may irrigate more frequently, but only as necessary to maintain the playing surface quality and is dependant upon the drought stage as declared by the City Council or Director of Emergency Services.

The Urgency Ordinance also updates the Water Waste Code to be in conformity with Oxnard’s Water Shortage Contingency Plan (WSCP). The WSCP created six stages of drought and corresponding water conservation measures for the City to apply depending on the drought stage the City is facing. Currently, the City is in a Stage 2 drought.

This Urgency Ordinance amends certain sections in Article VIII of Chapter 22 in the OCC. First, the Urgency Ordinance creates a new Section 22-137 entitled “Water Waste Prohibited - Emergency Provisions”. This section addresses day-today water waste prohibitions that correspond to a particular drought stage. Second, sections 22-138 and 139 replace the prior enforcement scheme and create an administrative violation process. The first two violation notices are 324
informational. The administrative fine scheme in Section 22-138 is for repeat and egregious offenders. The fine amounts are as follows: $100 for a third violation, $300 for a fourth violation and $700 for a fifth violation. Additional violations could be subject to the installation of flow restricting devices. The City is currently responding to water waste violations with an informational approach, and has gained compliance with this method.

The water waste prohibitions shall only be in effect when the City Council or Director of Emergency Services proclaim a drought emergency. If and when the proclamation of a drought emergency ceases or is rescinded by City Council, these prohibitions, while still available in the OCC, will not be in effect or enforced. Conversely, the permanent water waste provisions in Section 22-136 shall apply at all times and will be enforced under the same administrative process and fine schedule as the emergency water waste provisions.

Staff will continue to implement a vigorous public information campaign to notify City water customers of the increased level of water conservation requirements with a focus on gaining willful compliance. The City will increase the level of monitoring, notification, and enforcement as necessary and may assess fines and penalties for violations of the Urgency Ordinance. Staff will be seeking funding from MWD to aid in the enforcement activities, such as water waste patrols.

FINANCIAL IMPACT
The financial impact of adopting this ordinance is unknown. City staff, particularly code compliance officers and water utility staff, will spend additional time investigating water waste violations, issuing water waste citations, and participating in the review hearing process. These activities will occur in the normal course of duty, but may result in increased expenditures associated with water conservation compliance efforts.

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Chelsey Ballot, Deputy City Attorney, Michelle McCarron, Assistant City Attorney

ATTACHMENTS

1. Urgency Ordinance

2. 10.19.21-Drought-SOE-1

3. 22-03 2022 SWP Allocation Decrease 5 Percent 031822

4. March-2022-Drought-EO

5. MET Resolution-9305-signed

6. Calleguas Reso 2042_042722

7. Oxnard Reso 15,569

8. 2022-0606-03E-Approval

9. Urgency Ordinance Presentation
325

Page 1 of 9 ends

Oxnard City CouncilNovember 1, 2022

Oxnard City Council
November 1, 2022