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 15, 2022
Closed Session - 4:30 PM
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: 876 1094 5936
3. Passcode: 915485
If you wish to speak during public comments or a particular item on the agenda, please sign-on by following the zoom call 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 IN- PERSON AND REMOTELY. TO PARTICIPATE REMOTELY VISIT WWW.OXNARD.ORG.
To find out how you may provide public comment, please refer to the instructions below or at www.https://www.oxnard.org/city-meetings/.
The public may view the meeting from home on Spectrum channel 10, Frontier channel 35, or YouTube at Youtube.com/oxnardnews.
Video recordings of the meeting are typically available online following the meeting at the City’s website at www.oxnard.org/city- meetings.
*Please see the link for the Measure M pre-recorded presentation video for each item listed on this agenda.
YOU MAY PARTICIPATE IN THE MEETING IN THE FOLLOWING WAYS:
1. ATTEND THE MEETING AT THE LOCATION LISTED ABOVE: Submit a speaker card to the City Clerk.
2. EMAIL COMMENTS OR SIGN UP TO SPEAK REMOTELY BEFORE THE MEETING a. Submit a request to speak remotely by no later than 3 p.m. on the day of the meeting by using the form available at www.oxnard.org/citymeetings.
1 AMENDED AGENDA
Closed Session Item C.2 - Added
OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY November 15, 2022 PAGE 2
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.
3. PROVIDING PUBLIC COMMENTS REMOTELY DURING THE MEETING
a. To provide public comment during the meeting dial (888) 475-4499 and enter the Meeting ID and Passcode listed above as the Zoom details for this meeting. When the presiding officer announces the particular item on the agenda you want to speak on, press *9 to raise your hand while in the zoom waiting room. Once called on, press *6 to unmute your phone.
b. Public comments on agenda items will be taken following the announcement of the item. After the item is announced, members of the public may register or otherwise be recognized for the purpose of providing public comment.
Please review the Zoom instructions on the registration page to help ensure there are no technical difficulties during your comments and help you understand public comment procedures using Zoom. Detailed participation instructions can be found at www.oxnard.org/city-meetings.
In the event of a disruption which prevents a legislative body of the City of Oxnard from broadcasting a meeting using a call- in option or internet-based service option, or in the event of a disruption within the City’s control which prevents members of the public from offering public comment using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on a meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. However, if any of the broadcast options are disrupted, but any of the other broadcast options is still available to the public, the legislative body may take further action on items appearing on a meeting agenda without waiting for the disrupted broadcast option(s) to be restored.
* The City has filed pre-election and post-election lawsuits regarding the validity of Measure M.
A. ROLL CALL, POSTING OF AGENDA
THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council
B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
C. CLOSED SESSION (4:30 PM)
1. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code section 54957(a)) Consultation with: Shiri Klimi, Deputy City Manager; Helen Miller, Chief Information Officer.
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
D. APPOINTMENT ITEMS (5:30 PM)
1. SUBJECT: Presentation by the Ventura County Animal Services on the new Pets for Life Program. (30 minutes)
E. OPENING CEREMONIES (6:00 PM)
F. CEREMONIAL ITEMS
2 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY November 15, 2022 PAGE 3
1. SUBJECT: Presentation of a Proclamation Designating December 1, 2022 as "World AIDS Day."
G. 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 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.
H. 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: Reconsideration of Local Emergency Due to Ongoing Drought Conditions.
RECOMMENDATION: That the City Council adopt a resolution confirming the need to continue the local emergency declared on May 17, 2022, due to drought conditions and lack of adequate water supply.
(This item is not subject to the California Environmental Quality Act pursuant to Public Resources Code § 21080(b)(4))
Legislative Body: City Council
Contact: Michael Wolfe, Stephen Fischer, (805) 385-8055, (805) 385-7483
2. City Manager Department
SUBJECT: COVID-19 Update from Director of Emergency Services.
RECOMMENDATION: That the City Council re-authorize remote teleconference meetings of the legislative bodies of the City of Oxnard in accordance with Assembly Bill 361 based on the following findings: (i) the current COVID-19 situation, particularly with its variants, is causing, and will continue to cause, imminent risks to the health and safety of persons within the City, including City Council members, City staff, appointed officials, and members of the public; (ii) state and local officials continue to impose or recommend measures to promote social distancing; and (iii) the Governor's COVID-19 State of Emergency is still in effect; and (iv) numerous public agencies throughout Ventura County are still operating in accordance with Assembly 361, for the reasons stated herein.
Legislative Body: City Council
Contact: Stephen Fischer, (805) 385-7483
I. 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 3 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY November 15, 2022 PAGE 4
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.
J. 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.
K. 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.
L. INFORMATION/CONSENT AGENDA
1. City Clerk Department
SUBJECT: Approval of Minutes.
RECOMMENDATION: That the City Council approve the minutes of the October 18, 2022 regular meetings as presented.
Legislative Body: City Council
Contact: Rose Chaparro, (805) 385-7805
2. Police Department
SUBJECT: Second Amendment to Agreement with Sintra Group for Background Investigations.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute:
1. The Second Amendment to Agreement No. 8502-18-PO with Sintra Group for background investigations and increase the total agreement value from $525,000 to $975,000; and
2. Extend the agreement for an additional year with a termination date of January 2, 2024.
Legislative Body: City Council
Contact: Jason Benites, (805) 385-7624
3. Community Development Department
SUBJECT: Adoption of Ordinance No. 3021 for California Building Standards Regulations.
RECOMMENDATION: That the City Council adopt Ordinance No. 3021 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.
Legislative Body: City Council
Contact: Ashley Golden, (805) 385-7478
4. Police Department
SUBJECT: Supplemental Law Enforcement Services Fund (SLESF).
RECOMMENDATION: That the City Council:
4 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY November 15, 2022 PAGE 5
1. Recognize $313,554 in grant revenue from the State Supplemental Law Enforcement Services Fund (SLESF) for Citizens Option for Public Safety (COPS) Program;
2. Approve a budget appropriation in the amount of $313,554 for various equipment purchases and funding for community engagement activities; and
3. Authorize the City Manager or designee to approve additional budget appropriations if awarded.
Legislative Body: City Council
Contact: Jason Benites, (805) 385-7624
5. Police Department
SUBJECT: Federal and State Asset Forfeiture Funds.
RECOMMENDATION: That the City Council approve a budget appropriation of $175,900 for the use of Federal and State asset forfeiture funds allocated to the City of Oxnard Police Department.
Legislative Body: City Council
Contact: Jason Benites, (805) 385-7624
6. Public Works Department
SUBJECT: Approve Purchase Order with Fleet Services, Inc. for Medium and Heavy Duty Equipment Parts and Supplies.
RECOMMENDATION: That the City Council approve and authorize the Purchasing Agent to execute a Purchase Order with Fleet Services, Inc. in an amount not to exceed $750,000 for a three-year term, with two one-year extensions upon agreement by both parties, beginning December 1, 2022 and ending November 30, 2025, for medium and heavy duty equipment parts and supplies.
(Public Works and Transportation Committee approved 2-0.) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
7. Public Works Department
SUBJECT: First Amendment to the Trade Services Agreement 9547-22-PW with Powers Bros.
Machine, Inc., and a Second Amendment 9548-22-PW to the Trade Services Agreement with All- Safe Electric, Inc. for On-Call Pump and Motor Repair Services.
RECOMMENDATION: That the City Council approve and authorize the execution of the following amendments to the on-call pump and motor repair agreements for the Water and Wastewater Divisions:
1. A First Amendment to a Trade Services Agreement with Powers Bros. Machinery, Inc., to increase the not to exceed amount from $100,000 to $450,000 and to extend the term to February 29, 2024; and
2. A Second Amendment to a Trade Services Agreement with All-Safe Electric, Inc., to increase the not to exceed amount from $200,000 to $450,000 and to extend the term to February 29, 2024.
(Public Works and Transportation Committee approved 2-0.) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
5 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY November 15, 2022 PAGE 6
M. REPORTS
1. Public Works Department
SUBJECT: Approve Purchase Order with WEX Bank for the Fleet Fuel Card Program. (10 minutes)
RECOMMENDATION: That the City Council approve and authorize the Purchasing Agent to execute a Purchase Order with WEX Bank in an amount not to exceed $8,800,000 for a two-year term for Fuel Cards.
(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/ehJoyEIthSs
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
2. Public Works Department
SUBJECT: Agreement A-8505 with Toro Enterprises, Inc. for Ventura Boulevard Sidewalk Improvement Project, Specification No. PW 18-48. (10 minutes)
RECOMMENDATION: That the City Council approve and authorize the following for a total of $2,960,510 in Project funds for the Ventura Boulevard Sidewalk Improvement Project, Specification No. PW 18-48 (No. 133107):
1. The Mayor to execute an Agreement with Toro Enterprises, Inc. in the amount of $2,467,092 for the Project;
2. A Project contingency amount of $246,709 for the Project;
3. A Project allocation amount of $246,709 for engineering, inspection, survey and project management for the Project; and
4. A budget appropriation of $66,655 from TDA/LTF3-BI/PED Fund (214); and budget reallocations of $144,736 within the Air Pollution Buydown Fee Fund (118), $139,864 within the TDA/LTF8-CIP Fund (212), and $359,416 within the General Fund Capital Outlay Fund (301) for the Project.
(This item is categorically exempt from the California Environmental Quality Act pursuant to 14 C.C.R. § 15304(f))
This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/KUaIj-npmf0
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
6 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY November 15, 2022 PAGE 7
N. ADJOURNMENT
7 CITY COUNCIL AGENDA REPORT
REPORT OF CITY MANAGER/EXECUTIVE
DIRECTOR/SECRETARY
AGENDA ITEM NO. H.1
DATE: November 15, 2022
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] Stephen Fischer, City Attorney, (805) 385-7483, [email protected]
SUBJECT: Reconsideration of Local Emergency Due to Ongoing Drought Conditions.
RECOMMENDATION
That the City Council adopt a resolution confirming the need to continue the local emergency declared on May 17, 2022, due to drought conditions and lack of adequate water supply.
(This item is not subject to the California Environmental Quality Act pursuant to Public Resources Code § 21080(b)(4))
BACKGROUND
On May 17, 2022, the City Council adopted Resolution 15,568 proclaiming a local emergency due to drought conditions and lack of adequate water supply, and adopted Resolution 15,569 establishing new mandatory conservation measures.
On June 30, 2022, the City Council adopted Resolution 15,628 ratifying an order issued by the Director of Emergency Services pertaining to the local emergency, and confirming the need to continue the local emergency pursuant to Government Code Section 8630(c).
On July 28, 2022, the City Council adopted Resolution 15,609 reconfirming the need to continue the local emergency pursuant to Government Code Section 8630(c).
On September 20, 2022, the City Council adopted Resolution 15,631 reconfirming the need to continue the local emergency pursuant to Government Code Section 8630(c). Furthermore, City Council adopted Resolution 15,632 ratifying an order issued by the Director of Emergency Services pertaining to the local emergency.
By adopting the resolution attached to this staff report, the City Council would once again confirm the need to continue the local emergency. If Council adopts the resolution, staff will return to the Council within 60 days of adoption for reconsideration of the emergency.
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 direct financial impact.
8 COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Michelle McCarron, Assistant City Attorney
ATTACHMENTS
1. Resolution Water Shortage Emergency with Exhibit A DO 22-04
2. Adopted Resolution 15,568 (dated 5-17-22)
3. Adopted Resolution 15,569 (dated 5-17-22)
4. Adopted Resolution 15,628 (dated 6-30-22)
5. Adopted Resolution 15,609 (dated 7-28-22)
6. Adopted Resolution 15,631 (dated 9-20-22)
7. Adopted Resolution 15,632 (dated 9-20-22)
9 CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD
CONFIRMING THE NEED TO CONTINUE THE LOCAL EMERGENCY
PURSUANT TO GOVERNMENT CODE SECTION 8630(C)
WHEREAS, Government Code section 8630 and Chapter 6 of the Oxnard City Code (“OCC”) empower the City Manager of the City of Oxnard (“City”), acting in the capacity of the Director of Emergency Services, to request the City Council to proclaim the existence of a local emergency when drought conditions threaten the safety of persons or property within the City; and
WHEREAS, on May 17, 2022, the City Council adopted Resolution 15,568 which proclaimed the existence of a local emergency due to drought conditions and lack of adequate water supply; and
WHEREAS, also on May 17, 2022, the City Council adopted Resolution 15,569 establishing new mandatory water conservation measures; and
WHEREAS, on June 30, 2022, the City Council adopted Resolution 15,628 which determined that there was a need to continue the local emergency due to continued drought conditions and lack of adequate water supply; and
WHEREAS, on July 28, 2022, the City Council adopted Resolution 15,609 which determined that there was a need to continue the local emergency due to continued drought conditions and lack of adequate water supply; and
WHEREAS, on September 20, 2022, the City Council adopted Resolution 15,631 which determined that there was a need to continue the local emergency due to continued drought conditions and lack of adequate water supply; and
WHEREAS, pursuant to Government Code section 8630(c), the City Council must review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency; and
WHEREAS, the City Council has determined that there is a need to continue the local emergency because the conditions that brought on the May 17, 2022 local emergency persist; and
WHEREAS, the City Council ratified Director’s Order No. 22-04 on September 20, 2022, and has determined the provisions of that order shall remain in effect and is attached as Exhibit A; and
WHEREAS, pursuant to Government Code section 8634, and Chapter 6 of the City Code, the Director may promulgate orders and regulations necessary to provide for the protection of life and property and shall request the City Council to ratify such orders and regulations.
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10 NOW, THEREFORE, the City Council of the City of Oxnard resolves that the local emergency declared on May 17, 2022 due to drought conditions and lack of adequate water supply shall remain in effect.
PASSED AND ADOPTED THIS day of 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
:
John C. Zaragoza, Mayor
ATTEST:
Rose Chaparro, City Clerk
APPROVED AS TO FORM:
Stephen M. Fischer, City Attorney
11 EXHIBIT A
(Director of Emergency Services Order 22-04)
12 DES Order No. 22-04
September 7, 2022
CITY OF OXNARD
DIRECTOR ORDER NO. 22-04
ORDER OF THE DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF
OXNARD MODIFYING MANDATORY WATER CONSERVATION MEASURES
WHEREAS, Government Code section 8630 in conjunction with Chapter 6, section 3 subparagraph (C)(1) of the Oxnard City Code (“OCC”) empower the City Manager of the City of Oxnard (“City”), acting in the capacity of the Director of Emergency Services, to promulgate orders and regulations during the existence of a local emergency when drought conditions threaten the safety of persons or property within the City; and
WHEREAS, on May 17, 2022, the City Council adopted Resolution 15,568 proclaiming the existence of a local emergency due to drought conditions and lack of adequate water supply; and
WHEREAS, also on May 17, 2022, the City Council adopted Resolution 15,569 establishing new mandatory water conservation measures; and WHEREAS, on June 22, 2022, the City Manager acting as the Director of Emergency Services promulgated Director’s Order No. 22-03 updating the City’s water conservation measures adopted by the City Council in Resolution 15,569; and WHEREAS, Stage 2 water shortage conditions exist within the City; and WHEREAS, a new Director’s Order is required to comply with ongoing water conservation mandates from the State of California, the State Water Resources Control Board, the Metropolitan Water District of Southern California, and Calleguas Municipal Water District; and
WHEREAS, the Director of Emergency Services pursuant to OCC section 6-3(C)(1), herein shall issue updated water conservation measures, superseding DES Order No. 22-03, and amending in part the conservation measures set forth in Resolution 15,569; and WHEREAS, this Director’s Order includes the amended mandatory water conservation measures applicable to City water users in bold; and
WHEREAS, on May 24, 2022, the State Water Resources Control Board voted unanimously to implement 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”); and
WHEREAS, the State Water Resources Control Board has defined non-functional turf, which in general is considered to be turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events; and 13 DES Order No. 22-04
September 7, 2022
WHEREAS, Non-functional turf is a ground cover surface of mowed grass that is ornamental and not otherwise used for human recreation purposes. Non-functional turf does not include school fields, sports fields, and areas regularly used for civic or community events; and WHEREAS OCC Sec. 22-136(B)(3) establishes limits on watering duration as follows:
“Watering or irrigating of lawns, landscape or other vegetated area with potable water using a landscape irrigation system or a watering device that is not continuously attended is limited to no more than 15 minutes per day per station;” and
WHEREAS, the Metropolitan Water District of Southern California’s (“MWD”) Emergency Water Conservation Program Handbook, at Section 3.1.1., establishes eligible outdoor water restriction criteria as follows: “Metropolitan does not specify the day of the week or any method of even/odd house numbering for the watering restrictions. Metropolitan does, however, require that Member Agencies limit watering times to prevent substitution of water use from restricted days to permitted days. For this purpose, watering duration will be limited to no more than 10 minutes, effective July 1;” and
WHEREAS, the City’s watering duration limitations must be consistent with MWD’s limitations; and
WHEREAS, State Water Project suppliers, including MWD, have indicated their intent to penalize non-compliant purveyors (such as the City) with volumetric penalties of up to $2,000 per acre-foot that exceeds defined allocations established or do not comply with mandatory restriction criteria; and
WHEREAS, MWD’s Emergency Water Conservation Program Handbook, at Section
3.1.6., establishes exceptions to 1-day outdoor watering restrictions including: “locally- determined exceptions which reflect modest community choice will be considered.”; and WHEREAS, the State Water Resources Control Board has provided information that signals their intent to prioritize the irrigation of trees to ensure the health of trees and urges the continuation of watering of trees during the drought; and WHEREAS, Trees provide clean air, reduce urban heat islands, capture stormwater, improve water quality, reduce flood risk, stabilize soil, and provide habitat to wildlife. ///
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NOW, THEREFORE, THE DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF OXNARD DOES HEREBY ORDER AS FOLLOWS:
14 DES Order No. 22-04
September 7, 2022
SECTION 1. The recitals, facts, findings, and conclusions set forth above in the preamble of this Order are true and correct, and are incorporated by reference into this Order as though fully set forth herein.
SECTION 2. Resolution 15,569 is attached hereto and incorporated by reference as though fully set forth herein, as Exhibit A.
SECTION 3. This Director Order supersedes DES Order No. 22-03 issued on June 22, 2022.
SECTION 4. In accordance with Resolution 15,569 the following water conservation measures are in effect during the continued declaration of a local emergency due to drought conditions and lack of adequate water supply:
a. Watering of lawns, functional turf, trees, shrubs, vegetation, landscape and other outside irrigation is prohibited except between 4 p.m. and 9 a.m. or 6 p.m. and 9 a.m. during daylight savings time, no more than once per week.
b. The following watering schedule is established:
i. Odd numbered addresses (Ending in 1, 3, 5, 7, 9): Sundays ONLY. ii. Even numbered addresses (Ending in 0, 2, 4, 6, 8): Saturdays ONLY iii. No watering between 9 a.m. and 4 p.m. (non-daylight savings time) iv. No watering between 9 a.m. and 6 p.m. (daylight savings time)
c. Exceptions to allow for irrigation outside of the designated periods include (1) the hand watering of trees, food plants, or other perennials with use of a container (e.g. bucket or watering can) or a hose fitted with a shut-off nozzle and (2) the use of drip irrigation or other high-efficiency irrigation systems to apply water at a weekly volume consistent with the one-day watering restriction imposed on less efficient irrigation systems.
d. Irrigation of park and school ground areas with potable water are only permitted during the once weekly designated irrigation periods noted in this Section.
e. Sports activity fields may irrigate more frequently, but only as necessary, to maintain playing surface quality.
f. All vegetation within Wildland-Urban Interface and Defensible Space will be maintained as required under Public Resource Code 4291.
g. The application of potable water to landscapes during and within 48 hours after measurable rainfall is prohibited.
15 DES Order No. 22-04
September 7, 2022
h. The irrigation of newly constructed homes and building exteriors with potable water is prohibited unless drip or microspray systems are used.
i. The use of potable water in a fountain or other decorative water feature is prohibited, except where the water is part of recirculating system.
j. The City must provide prompt notice to customers when information indicates a leak may exist within the end-user’s control.
k. Irrigation of non-functional turf on medians with potable water is prohibited.
l. Potable water for irrigation of non-functional turf at commercial, industrial and institutional properties, including HOAs, is prohibited.
m. Watering or irrigating of functional turf, landscape or other vegetated area with potable water using a landscape irrigation system or a watering device is limited to no more than 10 minutes per day per station.
n. Trees in public spaces may be irrigated more frequently, but only as necessary, to maintain tree well-being for human health and safety as determined by the Emergency Services Director.
SECTION 5. The Oxnard Water Division shall take the following actions when water waste is reported or observed:
First Violation Warning Letter
7 Day Post Letter
Follow Up Phone
Call
For a first violation, the City shall give written notice of the violation to the customer by personal service,
by delivery through regular United States mail
addressed to the customer's residence, or any other
means reasonably designed to notify the customer of
the violation. The notice shall contain a description of violation, educational notice listing all prohibited
water waste, and provide resources such as rebate
information.
Follow up to see if the customer has received the
educational letter. Discuss if the issue has been
addressed and offer additional information/resources
Second Violation Notice to Correct For a second violation, the City shall give a written notice to correct the violation to the customer by
personal service, by delivery through regular United
States mail addressed to the customer's residence, or
any other means reasonably designed to notify the
customer of the violation. The notice to correct shall
contain a description of the violation, request to
correct the violation, a statement of the possible
16 DES Order No. 22-04
September 7, 2022
penalties for violation, and a statement informing the
customer of his/her right to request an adjustment or
an appeal.
Third Violation Citation & Fine For a third violation, the City shall issue an administrative citation and fine in the amount of $100
to the customer by personal service, by delivery
through regular United States mail addressed to the
customer's residence, or any other means reasonably
designed to notify the customer of the violation. The
citation shall contain a description of the violation,
fine amount and a statement informing the customer
of his/her right to request an adjustment or an appeal.
Fourth Violation Citation & Fine For a fourth violation, the City shall issue an administrative citation and fine in the amount of $500
to the customer by personal service, by delivery
through regular United States mail addressed to the
customer's residence, or any other means reasonably
designed to notify the customer of the violation. The
citation shall contain a description of the violation,
fine amount and a statement informing the customer
of his/her right to request an adjustment or an appeal.
Fifth / Additional
Violations
Citation & Fine For a fifth violation, the City shall issue an administrative citation and fine in the amount of
$1000 to the customer by personal service, by
delivery through regular United States mail addressed
to the customer's residence, or any other means
reasonably designed to notify the customer of the
violation. The citation shall contain a description of the violation, fine amount and a statement informing
the customer of his/her right to request an adjustment
or an appeal.
The City may impose such other penalty or fine as
deemed appropriate by the City Manager, and
consistent with Oxnard City Code, until such time
that the City Manager determines that further
violations are not likely to occur.
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49 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.1
DATE: November 15, 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 October 18, 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 10 18 2022 CC Regular Meeting
50 MINUTES
OXNARD CITY COUNCIL
Regular Meeting
October 18, 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 (concurrently with the Oxnard Housing Authority and the Oxnard Financing Authority), in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California. The City Clerk called the roll and announced the posting of the agenda. Councilmembers Gabriela Basua, Oscar Madrigal, Bert E.
Perello, Gabriel (Gabe) Teran, Mayor Pro Tem Bryan A. MacDonald, and Mayor John C. Zaragoza were present.
Councilmember Basua arrived at 5:34 p.m. and was absent during Closed Session.
Housing Authority Commissioners Jose Andrade and Francisco Vega were absent.
Staff members present in person were Alexander Nguyen, City Manager; Ashley Golden, Assistant City Manager; Shiri Klima, Deputy City Manager; Stephen M. Fischer, City Attorney; Kenneth Rozell, Chief Assistant City Attorney; Denise Shadinger, Assistant Chief of Police; Jose Diaz, Police Commander; John Colamarino, Assistant Fire Chief ; Michael Wolfe, Public Works Director; Brian Yanez, Assistant Public Works Director; Joseph Marcinko, Assistant Public Works Director; Steve Howlett, Assistant Public Works Director; Tatiana B. Arnaout, P.E., City Engineer; Timothy Beaman, Supervising Civil Engineer; Eric L. Storrie, CPRP - Special Districts Manager; Kumar Neppalli, Traffic Operations Engineer; Jeff Pengilley, P.E., CDD Assistant Director & Building Official; Emilio Ramirez, Housing Director; Elsa Brown, Affordable Housing Manager; Rose Chaparro, City Clerk and Dee Lai, Assistant City Clerk.
Staff members Alexander Hamilton, Fire Chief and Jose Arreola, Fleet Services Manager participated via videoconference.
Dan Drugan with Ca lleguas Municipal Water Districted (participated in person); Christian Sprunger, Assistant Vice President at NHA Advisors; Danny Kim , Partner at Nixon Peabody LLP ; Jeff Caton, P.E., LEED AP Sustainable Communities Director at Environmental Science Associat es (ESA); Shannon Wages, Principal Associate at Environmental Science Associates (ESA); William M. Rhodes, Division Director at the Department of Housing and Urban Development (HUD) (participated in person); Meena S Bavan, HUD Director of Office of Public Housing ; and Rudy Rodriguez, HUD Portfolio Management Specialist participated via videoconference.
THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council, Housing Authority, and Oxnard Financing Authority.
B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS (None received.)
C. CLOSED SESSION (4:30 PM)
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Government Code section 54956.9(d)(2))
Based on existing facts and circumstances, there is significant exposure to litigation against the City in one potential case pertaining to groundwater allocation that may impact the City’s water supply, in OPV 51 OCTOBER 18, 2022 OXNARD CITY COUNCIL PAGE 2
Coalition; et al. v. Fox Canyon Groundwater Management Agency; et al. (SBSC Case No.
VENCI00555357)
Legislative Body: City Council
At 4:35 p.m., the City Council recessed to a closed session. At 5: 16 p.m., the City Council reconvened in open session in the Council Chambers. The City Attorney announced that Council provided direction to staff to intervene in the OPV Coalition groundwater allocation case.
D. APPOINTMENT ITEMS (5:00 PM)
1. Housing Department SUBJECT: The Role of the Public Housing Authorities in Homelessness. (0/15/15)
RECOMMENDATION: That the Board of Commissioners of the Housing Authority of the City of Oxnard:
1. Receive a Report on the United States Department of Housing and Urban Development's Housing Choice Voucher Programs progression over time to respond to changing housing needs; and
2. Direct staff to prepare and present to the Oxnard Housing Authority Board of Commissioners a comprehensive proposal for adoption of a homeless services program including the continued solicitation of special purpose vouchers, future voucher project-based commitments and adoption of a local preference in support of homeless individuals.
Meena S Bavan, Director of Office of Public Housing at Department of Housing and Urban Development (HUD provided a presentation to the Housing Authority Commissioners and answered questions. Emilio Ramirez, Housing Director was also available to answer questions. Council provided direction to staff and asked that staff provide a report with the utilization rate, success rate, and prepares the local preference at a future meeting. Public comments were received from Douglas Partello.
It was moved by Councilmember Basua, seconded by Councilmember Madrigal, to approve the recommended action as presented. VOTE: Basua, MacD onald, Madrigal, Perello, Teran, and Zaragoza
voted in favor; motion passed 6-0.
2. Housing Department
SUBJECT: Public Housing Agency (PHA) Governance and Financial Management Training. (10/15/5)
RECOMMENDATION: That the Board of Commissioners of the Housing Authority of the City of Oxnard receive a presentation by William M. Rhodes, Portfolio Management Specialist/UPCS/UPCS-V SME, for the United States Department of Housing and Urban Development on governance training, “Lead the Way” and “Whistleblower Protection”. (This item did not originate in Committee.)
William M. Rhodes, Division Director; Meena S Bavan, Director of Office of Public Housing , and Rudy Rodriguez, Portfolio Management Specialist Director at the Department of Housing and Urban Development (HUD) provided a presentation to the Housing Authority Commissioners on the Roles and Responsibilities of the Board and answered questions. Public comments were received from Douglas Partello.
It was moved by Councilmember Basua , seconded by Councilmember Madrigal, to approve the 52 OCTOBER 18, 2022 OXNARD CITY COUNCIL PAGE 3
recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion passed 6-0.
E. OPENING CEREMONIES (6:00 PM)
The flag salute was followed by a moment of silence.
F. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Public comments were received from Douglas Partello , Al Velasquez (City Treasurer’s Duties and Salary), Lang Martinez (Homeless Advocate, Manuel Herrera’s Social Media Account Postings), Diana Velzy (Neighborhood Clean -ups and Activation), Steve Nash (Callegua s Water District Candidate for Office) and Manuel Herrera, Citizens for a Better Oxnard (Court Ruling on Landscape Maintenance Districts – Aaron Starr’s Lawsuit), and Diedre Frank (Lang Martinez comment about Manuel Herrera, City Treasurer).
G. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
City Manager Nguyen provided an update regarding the water shortage emergency. Michael Wolfe, Public Works Director introduced Dan Drugan with the Calleguas Municipal Water Districted who provided Council a presentation about the current water restrictions and mandatory water conservation measures which will continue until June 2023. City Manager Nguyen presented a video about the City’s Housing First Program to build housing and provide services for the home less community in the City of Thousand Oaks.
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.
H. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY
BUSINESS/COMMITTEE REPORTS
Councilmember Teran provided updates on the neighborhood council meetings within his District. He thanked Diana Velzy with the Inter Neighborhood Council Organization (INCO) for sponsoring the Candidate Forum on October 14
th so that the public could hear from the candidates directly. He also thanked the Ms. V elzy who gave an update about the INCO. He thanked everyone involved in the neighborhood clean -ups. He also t hanked City staff for the organization and coordination efforts to hold these events. He c ongratulated Supervisor Vianey Lopez for her efforts in re activating the neighborhood clean-up efforts.
Councilmember Madrigal met with c onstituents in his district about concerns about East Village, the new Del Sol High School, and the new Rose Avenue School. He was invited to visit the new Grace Light Church on Camino del Sol and Rose Avenue. He gave a special t hanks to staff for the ne w stop sign installed at Marquita and First Street. Reminded the community to go out and vote. 53 OCTOBER 18, 2022 OXNARD CITY COUNCIL PAGE 4
Councilmember Basua wished her niece a happy birthday.
Councilmember Perello thanked Diana Velzy with the Inter Neighborhood Council Organization (INCO) for s ponsoring the Candidate Forum on October 14 th and for distributing flyers to reactivate neighborhood clean-up events within the City.
I. REVIEW OF INFORMATION/CONSENT AGENDA
Items K-1 through K-7 were discussed among the Council and staff.
J. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
Public comments were received from Douglas Partello (K.2), Alicia Percell (K.3), and Ray Blattel (K.3).
K. INFORMATION/CONSENT AGENDA
1. City Clerk Department SUBJECT: Approval of Minutes.
RECOMMENDATION: That the City Council approve the minutes of the September 6, 2022 regular meeting as presented.
2. Public Works Department
SUBJECT: First Amendment to Professional Services Agreement A-8303 with Kennedy Jenks Consultants for the Central Trunk Sewer Main Replacement Project PW 21-27.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a First Amendment to Professional Services Agreement A-8303 with Kennedy Jenks Consultants in the amount of $317,104 for a new not to exceed contract amount of $676,998 for additional design work required for the Central Trunk Sewer Main Replacement Project PW 21-27 (Project No. 206602).
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.
3. Public Works Department
SUBJECT: Agreement A-8493 with BPR, Inc. for On-Call Sidewalk, Curb and Gutter, and Spandrel Grinding Services Project, Specification No. PW 22-130.
RECOMMENDATION: That the City Council approve and authorize Agreement A-8493 with BPR, Inc. for a total amount not to exceed $800,000 for a three year term for the On-call Sidewalk, Curb and Gutter and Spandrel Grinding Services Project, Specification No. PW 22-130 (Project No. MO3102).
(Public Works and Transportation Committee approved 3-0.)
4. Public Works Department SUBJECT: Memorandum of Understanding and Caltrans Cooperative Agreements for the Village 54 OCTOBER 18, 2022 OXNARD CITY COUNCIL PAGE 5
Specific Plan (Wagon Wheel) Berm/Flood Protection and U.S.101 Ventura Road Off-Ramp Projects.
RECOMMENDATION: That the City Council approve and authorize the following:
1. The Mayor to execute a Memorandum of Understanding with Oxnard CRFL Partners, LLC, for Caltrans Right of Way Improvements (Agreement No. A-8497);
2. The Mayor to execute Caltrans Cooperative Agreement 07-5237 for Berm Construction (Agreement No. A-8348); and
3. Adopt Resolution #15,637 Authorizing the Mayor to Execute forthcoming Caltrans Cooperative Agreement 07-5238 for U.S. 101 Exit 63A Off-Ramp Construction (Agreement No.
A-8349).
(Public Works and Transportation Committee approved 3-0.)
5. Public Works Department
SUBJECT: Amend Department-Wide Blanket Purchase Orders that have Not to Exceed (NTE) Amounts Greater than $200,000 Each.
RECOMMENDATION: That the City Council approve and authorize the Purchasing Agent to amend the following:
1. Purchase Order #8797 with Consolidated Electrical Distributors for an additional $100,000 for a new not to exceed amount of $300,000 through June 30, 2023;
2. Purchase Order #8831 with Napa dba Ventura County Auto Supply for an additional $200,000 for a new not to exceed amount of $400,000 through June 30, 2023;
3. Purchase Order #8841 with Ferguson Enterprise, LLC for an additional $150,000 for a new not to exceed amount of $350,000 through June 30, 2023;
4. Purchase Order #8842 with Famcon Pipe & Supply Inc. for an additional $400,000 for a new not to exceed amount of $600,000 through June 30, 2023; and
5. Purchase Order #8859 with O’Reilly Auto Parts for an additional $100,000 for a new not to exceed amount of $300,000 through June 30, 2023.
(Public Works and Transportation Committee approved 3-0.)
6. Community Development Department SUBJECT: M6 Contract Amendment.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a First Amendment to Agreement Number A-8418 with M6 Consulting, Inc for on-call development plan check services, increasing the agreement amount by $1,500,000.00 for a total agreement amount of $2,000,000.00 through February 1, 2025.
(Community Services, Public Safety, Housing & Development Committee approved 3-0.)
7. Police Department SUBJECT: Southern California High Technology Task Force Service Agreement.
RECOMMENDATION: That City Council approve and authorize the Mayor to execute a two-year service agreement (Agreement #A-8490) with the County of Ventura and the Ventura County Sheriff's Office for services with the Southern California High Technology Task Force (SCHTTF) in an amount not to exceed $250,000.
55 OCTOBER 18, 2022 OXNARD CITY COUNCIL PAGE 6
(The Community Services, Public Safety, Housing & Development Committee approved 3-0 on September 27, 2022.)
It was moved by Councilmember Perello, seconded by Councilmember Teran, to approve the Information/Consent items as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion passed 6-0.
L. PUBLIC HEARINGS
1. Finance Department SUBJECT: Approval of 2022 Lease Revenue Bonds, Series A and B. (0/15/15)
RECOMMENDATION: 1) That the City Council conduct a public hearing and approve Resolution #15,638 approving the issuance by the City of Oxnard Financing Authority of (I) not to exceed $36,000,000 of City of Oxnard Public Financing Authority Lease Revenue Bonds, Series 2022A (Tax Exempt), and (II) not to exceed $9,000,000 of City of Oxnard Financing Authority Lease Revenue Bonds, Series 2022B (Federally Taxable); approving the execution and delivery of various related documents in connection with the offering and sale of such bonds; and other matters related thereto.
2) That the City of Oxnard Financing Authority’s Board of Directors approve Resolution #FA 56 authorizing the issuance of (I) not to exceed $36,000,000 of City of Oxnard Public Financing Authority Lease Revenue Bonds, Series 2022A (Tax Exempt), and (II) not to exceed $9,000,000 of City of Oxnard Financing Authority Lease Revenue Bonds, Series 2022B (Federally Taxable); approving the execution and delivery of various related documents in connection with the offering and sale of such bonds; and other matters related thereto.
The City Clerk announced the af fidavit of publication and stated that no written co mmunications were received.
Betsy George, Chief Financial Officer ; Christian Sprunger, Assistant Vice President at NHA Advisors; and Danny Kim, Partner at Nixon Peabody LLP presented and answered questions.
Mayor Zaragoza opened the public testimony portion of the public hearing. Public comments were received from Alicia Percell and Aaron Staff.
Without objection, the Council approved closing the public testimony portion of the public hearing.
Discussion ensued among the Council and staff.
Staff amended the item during the meeting to reflect that the refunding of the 2012 Lease will not be included in the transaction. Primarily, the reason for this is that the refunding no longer has economic benefit to the City due to an increase in interest rates. As a result, the pool of leased assets for the 2022 Lease Revenue Bonds will no longer include City Hall/Council Chambers complex, but will include the Downtown Parking Garage. The South Oxnard Branch Libr ary and South Oxnard Center will also remain in the pool of leased assets for the 2022 Lease Revenue Bonds, as discussed in the staff report.
CITY COUNCIL ACTION:
56 OCTOBER 18, 2022 OXNARD CITY COUNCIL PAGE 7
It was moved by Councilmember Basua, seconded by Councilmember Madrigal, to approve the recommended action as amended. VOTE: Basua, MacDonald, Madrigal, Perello, and Zaragoza vot ed in favor; Teran voted against; motion passed 5-1.
FINANCING AUTHORITY ACTION:
It was moved by Commissioner Basua, seconded by C ommissioner Perello, to approve the recommended action as amended. VOTE: Basua, MacDonald, Madrigal, Perello, and Zaragoza voted in favor; Teran voted against; motion passed 5-1.
M. REPORTS
1. Community Development Department
SUBJECT: Climate Action and Adaptation Plan and an Addendum to the 2030 General Plan Program Environmental Impact Report (PEIR; SCH # 2007041024). (15/10/10)
RECOMMENDATION: That the City Council:
1. Approve the associated Addendum to the PEIR;
2. Approve the Draft CAAP with recommended edits and any further Council edits; and
3. Direct staff to produce the Final CAAP.
(Community Services, Public Safety, Housing & Development Committee and Public Works & Transportation Committee both received a presentation and provided feedback on the City’s Draft CAAP. No formal vote taken.)
Kathleen Mallory, Planning & Sustainability Manager introduced Jeff Caton, P.E., LEED AP , Sustainable Communities Director and Shannon Wages, Principal Planner with Environmental Science Associates (ESA), who presented and answered questions.
Public comments were received from Alexis Rizo. Written comments were received and provided to Council. Discussion ensued among the Council and staff.
It was moved by Councilmember Teran, seconded by Councilmember Basua, to approve t he recommended action as presented. VOTE: Basua, MacD onald, Madrigal, Perello, Teran, and Zaragoza voted in favor;
motion passed 6-0.
2. City Attorney Department SUBJECT: Options to Fill Council Vacancy. (10/15/20)
RECOMMENDATION: That the City Council receive a report regarding the vacancy in the District 6 City Council seat and take one of the following actions to fill the vacancy:
1. Call a special election for March 7, 2023 to fill the remainder of the District 6 City Council term (which runs until November 2024) by adopting the following resolutions:
a. A Resolution #15,639 calling and giving notice of a special election on March 7, 2023 to fill the remainder of the District 6 City Council term; b. A Resolution #15,640 requesting the Ventura County Board of Supervisors authorize 57 OCTOBER 18, 2022 OXNARD CITY COUNCIL PAGE 8
the Ventura County Elections Division to render specified services to conduct the March 7, 2023 special election; and
c. A Resolution #15,641 adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at the special election to be held on March 7, 2023.
OR
2. Direct staff to: a) commence the process to appoint the District 6 Councilmember on or before November 29, 2022, with a term to run until November 7, 2023; and b) on or before November 29, 2022 return to the City Council for the appointment of the District 6 Councilmember and the adoption of a resolution calling and giving notice of holding a special election on November 7, 2023, to fill the remainder of the District 6 term, which runs until November 2024. (Any potential appointee or candidate must be a resident of District 6, at least 18 years of age, and a registered voter.)
Stephen M. Fischer, City Attorney presented and answered questions.
Public comments were received from Anthony Mireles, Alex Mireles, Jonathan Duran, Anthony Ventura, Joshua Medrano, Ronald Arruejo, Kelly Christiansen, Al Velasquez, Scott Zimmerman (Carpenters Local 805), Douglas Partello, Manuel Herrera, and Sofia Vega. Written comments were received and provided to Council. Discussion ensued among the Council and staff.
A motion was made by Council to select and approve option 1 (a-c):
It was moved by Mayor Zaragoza, seconded by Councilmember Basua, to approve the recommended action (Approved Option 1) as presented. VOTE: Basua, MacD onald, Perello, and Zaragoza voted in favor; Madrigal and Teran voted against, motion passed 4-2.
3. Public Works Department SUBJECT: Proposed Speed Hump Program. (0/15/15)
RECOMMENDATION: That the City Council:
1. Approve the proposed speed hump program as outlined in this staff report; and
2. Direct the City Manager or his designee to implement procedures to effectuate the Program as outlined in the staff report.
(Public Works and Transportation Committee approved 3-0 at a Special Meeting on September 17, 2022)
Michael Wolfe, Public Works Director and Jose Diaz, Police Commander presented and answered questions.
Public comments were received from Ray Blattel. Written comments were received and provided to Council.
Discussion ensued among the Council and staff.
It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Basua, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted
in favor; motion passed 6-0.
58 OCTOBER 18, 2022 OXNARD CITY COUNCIL PAGE 9
4. Public Works Department
SUBJECT: Consideration of Naming a Sports Field at Durley Park the “Helen Lopez Field". (0/10/10)
RECOMMENDATION: That the City Council:
1. Review and consider the request from the Sunset Little League, along with the recommendation from the Parks, Recreation, and Community Services Commission, to name a sports field at Durley Park the “Helen Lopez Field”; and
2. Direct staff to install appropriate signage to effectuate the naming, should it be approved, taking into consideration upcoming park improvements.
(Public Works and Transportation Committee approved 3-0.)
Steve Howlett, Assistant Public Works Director introduced Andrew Arreola with Suns et Little League who presented and thanked everyone involved in assisting to approve this project. P ublic comments were received from Andrew Arreola. Written comments were received and provided to Council. Discussion ensued among the Council and staff.
It was moved by Councilmember Perello, seconded by Mayor Zaragoza, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor; mot ion
passed 6-0.
5. Public Works Department
SUBJECT: Professional Services Agreement A-8500 with Tetra Tech, Inc. for Oxnard Conduit Replacement and Rehabilitation Project PW 22-105. (0/5/5)
RECOMMENDATION: That the City Council approve and authorize the following for a total of $2,497,312 in Project funds for the Oxnard Conduit Replacement and Rehabilitation Project, Specification No. PW 22-105 (Project No. 226501):
1. The Mayor to execute Professional Services Agreement A -8500 with Tetra Tech, Inc. in the amount of $2,270,284 for the Project;
2. A Project contingency amount of $227,028 for the Project; and
3. Authorize the Finance Director or designee to approve a budget appropriation in the amount of $1,027,312 from the available fund balance from the Water Operating Fund (601) for use in 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 E ngineer was available to answer questions. No public comments were received.
It was moved by Mayor Pro Tem MacDonald , seconded by Councilmember Perello , to approve the
recommended action as presented. VOTE: Basua, MacD onald, Madrigal, Perello, Teran, an d Zaragoza 59 OCTOBER 18, 2022 OXNARD CITY COUNCIL PAGE 10
voted in favor; motion passed 6-0.
N. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 9:50 p.m.
ROSE CHAPARRO JOHN C. ZARAGOZA
City Clerk Mayor
60 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.2
DATE: November 15, 2022
TO: City Council
FROM: Jason Benites, Police Chief, (805) 385-7624, [email protected]
SUBJECT: Second Amendment to Agreement with Sintra Group for Background Investigations.
RECOMMENDATION
That the City Council approve and authorize the Mayor to execute:
1. The Second Amendment to Agreement No. 8502-18-PO with Sintra Group for background investigations and increase the total agreement value from $525,000 to $975,000; and
2. Extend the agreement for an additional year with a termination date of January 2, 2024.
BACKGROUND
Sintra Group was selected through a Request for Proposal (RFP) process conducted in October 2018. Two consultants responded to the RFP for Oxnard Police and Fire Department background investigation services. An evaluation by a committee was organized to review the proposals, and Sintra Group was selected based on the background investigation requirements and needs of the police and fire departments.
On February 28, 2019, the City Manager approved the Sintra Group agreement (8502-18-PO) for police and fire department background investigations services. The agreement was for three years, not to exceed $525,000 (175,000 per year), and was effective through January 2, 2022.
On February 11, 2022, the Purchasing Manager approved the First Amendment to the Sintra Group agreement, which extended the term of the agreement for one year, through January 2, 2023.
This Second Amendment to the Sintra Group agreement extends the term of the agreement one additional year with a new termination date of January 2, 2024. The agreement extension will allow current in-progress police and fire department background investigations to be completed and permit sufficient time to complete a thorough RFP process, review new proposals, and select a consultant before January 2, 2024. In addition, the Second Amendment increases the total value of the agreement from $525,000 to $975,000, with a total value of the Second Amendment of $450,000.
The Oxnard Police and Fire Departments conduct extensive background investigations on all prospective employees, including sworn positions, professional staff members, and volunteers. An outside consultant conducts background investigations (currently Sintra Group) to assure compliance with all applicable minimum standards for appointment and to screen out candidates who are found unsuitable for the position based on their personal history or other relevant information. Background investigations are essential for public safety professions to ensure the police and fire departments hire employees who care for our community and promote public safety and community relations. In addition, background investigations on all police officer and dispatcher applicants are mandatory and must meet the Commission of Peace Officer Standards and Training (POST) requirements. POST audits all police and dispatcher background investigations annually to confirm compliance with their guidelines. 61 Since January 2021, many background investigations have been conducted, with the processing of 76 fire applicants and 82 police applicants. This unanticipated increase in background investigations led to an increase in background expenses. There are also additional vacancies within the police and fire departments that will require background investigations in the coming months. This Second Amendment aims to provide additional funding to the agreement to ensure that background investigations will continue through January 2, 2024.
STRATEGIC PRIORITIES
This agenda item supports the 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 the health of our community.
FINANCIAL IMPACT
There is sufficient funding available in the FY2022-2023 General Fund Police operating budget (1012131-53410 Background Checking) and Fire operating budget (1012501-53200 Professional Services).
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Ricardo Vazquez, Police Commander
ATTACHMENTS
1. Sintra Group #2 Amendment
2. Sintra Group Second Amendment
62 63
64 65
SECOND AMENDMENT
SINTRA GROUP BACKGROUND
INVESTIGATIONS SERVICE AGREEMENT
Oxnard City Council
November 15, 2022
Ricardo Vazquez, Police Commander
66 • That City Council approve and authorize the Mayor to:
1. Execute the Second Amendment to Agreement No. 8502-
18-PO with Sintra Group and increase the total agreement value from $525,000 to $975,000.
1. Approve an agreement extension for an additional year with a termination date of January 2, 2024.
RECOMMENDATION 2
67 • October 2018 - Sintra Group was selected through a Request for Proposal (RFP) process for Oxnard Police and Fire Department background investigation services. Sintra Group was selected based on the background investigation requirements and needs of the police and fire departments.
• On February 28, 2019, the City Manager approved the Sintra Group police and fire department background investigations service agreement (8502-18-PO). The agreement term was for three years, not to exceed $525,000 (175,000 per year), and was valid through January 2, 2022.
• On February 11, 2022, the Purchasing Manager approved the First Amendment to the Sintra Group agreement, which only extended the term of the agreement for one year.
• The First Amendment extended the term of the agreement to January 2, 2023.
BACKGROUND 3
68 • This Second Amendment:
• Extends the agreement term one additional year with a new termination date of January 2, 2024.
• Increases the total value of the agreement by $450,000. • Original agreement value: $525,000
• Amended agreement value total: $975,000
• Requirement for agreement budget increase:
• Additional funding will cover the projected cost of police and fire department background investigations through the end of the new agreement termination date in January 2024.
SINTRA GROUP SECOND AMENDMENT 4
69 • Extensive background investigations are completed on all public safety applicants, including sworn positions,
professional staff members, and volunteers.
• Background investigations are required to assure
compliance with all applicable minimum standards for
appointment and to screen out candidates who are found
unsuitable for the position based on their personal history or other relevant information.
POLICE AND FIRE BACKGROUND INVESTIGATIONS 5
70 • Public safety background investigations are essential for hiring employees who care for our community and promote public safety and community relations.
• Commission of Peace Officer Standards and Training
(POST) requires background investigations on all police officer and dispatcher applicants.
• POST audits all police and dispatcher background investigations annually to confirm compliance with their guidelines and minimum standards.
POLICE AND FIRE BACKGROUND INVESTIGATIONS 6
71 • Since January 2021, many background investigations have been conducted, with the processing of 76 fire applicants and 82 police applicants.
• There are also additional vacancies within the police and fire departments that will require background investigations in the coming months.
• This unanticipated increase in background investigations led to an increase in background expenses.
POLICE AND FIRE BACKGROUND INVESTIGATIONS 7
72 Purpose of the Sintra Group Second Amendment:
• Allow current in-progress police and fire department
background investigations to be completed.
• Provide additional funding to pay for the projected cost of police and fire department background investigations
throughout the agreement term.
• Provide sufficient time to complete a thorough Request for Proposal process, review new proposals, and select a
consultant before the new agreement termination date.
SINTA GROUP SECOND AMENDMENT 8
73 QUESTIONS
9 74
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.3
DATE: November 15, 2022
TO: City Council
FROM: Ashley Golden, Assistant City Manager, (805) 385-7478, [email protected]
SUBJECT: Adoption of Ordinance No. 3021 for California Building Standards Regulations.
RECOMMENDATION
That the City Council adopt Ordinance No. 3021 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.
BACKGROUND
Ordinance No. 3021 was introduced to the Council at its November 1, 2022 meeting. Following a public hearing, the Council approved the first reading of the ordinance for future adoption with a 6-0 vote. Staff has received no comments on the ordinance since its introduction. If adopted by Council on November 15, 2022, the ordinance will take effect in thirty days, on December 15, 2022, to be enforced beginning January 1, 2023, consistent with State Law.
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 hearings and recourse to the courts is funded by 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_v4
2. Exhibit A_Ord index-summary 2022_Final_v2
75 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 78 4
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. 79 5
(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, bal conies, 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 ceilin gs 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 assem bly 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 accompl ished 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 sheat hing 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 = C dδmax (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 81 7
or other sections of this code. The structural obse rver 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 82 8
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. Whe never 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 le vel 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 84 10
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, φP n, 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 > 0.35P o 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 d b thick, where d b is 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 Sect ion 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 al lowable 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 pan els 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. 86 12
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 join t 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 mu lti-level building, and the allowable seismic shear values shall not exceed 90 plf for Po rtland cement plaster and 30 plf for 87 13
gypsum. Table 4.3C shall not be allowed for structu res 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 br acing methods. Bracing methods DWB, SFB, PBS, HPS, and GB are not permitted in Sei smic 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.
88 14
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, pr ovided 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 prepar ed 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 e ngineering 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 t o 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 compone nts 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 c enter of mass located 4ft. or less above the supporting structure; or
2. The component weighs 20 lb. or less or, in the c ase 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 D 0, D1, and D 2 shall not be permitted. The provisions of this chapter sh all 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 re ad as follows:
R403.1.2. Continuous footing in Seismic Design Categories D 0, D1, and D 2. The braced wall panels at exterior walls of buildings located in Seismic Design Categories D 0, D1, and D 2 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 foun dation walls shall not be used for structures located in Seismic Design Category D 0, D1, and D 2.
(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 D 0, D1, and D 2.
(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 D 0, D1, and D 2.
(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 D 0, D1, and D 2.
(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 a s 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 o r 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 authori ty having jurisdiction. Upon failure to comply with the notice of violation any duly author ized employee of the jurisdiction shall be authorized to enter upon the property in viol ation and cut and destroy the weeds growing thereon, and the costs of such removal shal l 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 per formed inside a structure or similarly enclosed area designed and approved for such purposes.
(F) Section 304.1.1: Amend the first sentence of S ection 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 S ection 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 95 21
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 a bove 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 eng aged 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 Cod e 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 p ermitted to be placed over emergency escape and rescue openings provided that the minimu m net clear opening size complies with the code that was in effect at the ti me 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 impair ment management program. The notification and impairment program fo r 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 rea d 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 rea d 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 o r sleeping unit shall initiate alarm notification in the dwelling or sleeping unit in ac cordance with the California Fire Code.
3. Activation of a smoke detector in a dwelling o r sleeping unit shall not activate alarm notification appliances outside of the dwelli ng or sleeping unit, provided that a supervisory signal is generated and monitore d 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 fol lows:
100
26 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. Th e Administrative Code as adopted in the Oxnard City Code, Chapter 14, Article II, shall apply to this Article. 101
27 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. Th e 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. 102
28 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, incl uding Appendix Chapter 4, Appendix B, Appendix C, Appendix D, Appendix F, and Appendix O, published by the Building Standards Commission, 2525 Natomas Park Dr ive, 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 103
29 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. 104
30 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:
105
31 503.7. 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 insta lled 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 Maint enance. Electronic and Electric Access Gates shall be maintained in working order a t all times. Inspections, testing and maintenance shall occur on an annual basis to verif y 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 w hich 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 106
32 (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:
107
33 907.3.5. 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 108
34 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 devi ce capable of producing flame permitted or located upo n 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, ignit e or smoke any cigar, cigarette, tobacco in a pipe or other form of smoldering substance within the Very High Fire Hazard Severity Zone.
109
35 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.
110
36 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 divi ded 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 a s follows:
111
37 903.1.2. 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 t he 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. 112
38 903.2.2. 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 struct ure area, including mezzanines and additional stories. Additional area determinati on 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.
113
39 903.3.1.2.5. 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. 114
40 PART 4. The City Council, following due consideration, he reby 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 ex periences 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 ve ry 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 force d 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, ev en 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 leav es 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 115
41 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 t hrough April, the City is subject to flooding, making various parts of the City inaccess ible to firefighting equipment on short notice. This prolongs the Fire Department’s r esponse 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. 116
42 PART 6. This ordinance was introduced for first reading o n 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 M. Fischer, City Attorney
117
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 1PART 2 Acronyms 1PART 3 Adoption of California, International, and Uniform Codes2 ARTICLE I. (Reserved)
Section 14-1.(Reserved)
ARTICLE II. California Building Code
Section 14-2.California Building Code Adopted. 3Section 14-3.Amendments to the CBC. 3A. Chapter I Division II, Section [A]101.4.4 3B. Chapter I Division II, Section [A]103.1 3C. Chapter I Division II, Section [A]105.2 3D. Chapter I Division II, Section [A]105.3.2 3E. Chapter I Division II, Section [A]107.1 4F. Chapter I Division II, Section [A]109.2 4G. Chapter I Division II, Section [A]110.3.12 4H. Section 903.2. Where Fire Sprinklers are Required. 5I. Section 1403.1. Waterproofing Weather-Exposed Areas. 5J. Section 1505.1. Roof Covering Requirements. 5K. Section 1507.3.1. Deck Requirements. 5L. Section 1511.1. Re-roofing Requirements. 5M. Section 1613.5. Amendments to ASCE 7 5N. Section 1613.5.1. Modification to ASCE 7 Section 12.2.3.1 Exception 3 6O. Section 1613.5.2. Modification to ASCE 7 Section 12.11.2.2.3 6P. Section 1613.5.3. Equation 12-12.1 6Q. Section 1704.6. Structural observations. 6R. Section 1705.3. Special Inspection for Concrete Construction. 7S. Section 1705.13.2. Special Inspection of Wood Shearwalls. 7T. Section 1803.2. Geotechnical Investigations. 8U. Section 1804.4. Site Grading. 8V. Section 1808.7.4. Foundation Elevation. 9W. Section 1905.1. General. 9X. Section 1905.1.7. ACI 318 Section 14.1.4. 9Y. Section 1905.1.9. ACI 318 Sections 18.7.5. 10Z. Section 1905.1.10. ACI 318 Section 18.10.4. 10AA. Section 1905.1.11. ACI 318 Section 18.12.6.2. 10 118
EXHIBIT A - INDEX AND SUMMARY TO THE CALIFORNIA CODES AND AMENDMENTS BB. Section 2304.10.2. Wood Fasteners. 10CC. Section 2304.10.3.1. Quality of Nails. 11DD. Section 2305.4. Hold-Down Connectors. 11EE. Section 2306.2. Wood-Frame Diaphragms. 11FF. Section 2306.3. Wood-Frame Shear Walls. 12GG. Section 2307.2. Design of Wood-Frame Shear Walls. 13HH. Table 2308.6.1. Wall Bracing Requirements. 13II. Section 2308.6.8.1. Foundation Requirements. 13JJ. Section 2308.6.9. Attachment of Sheathing. 13KK. Appendix Chapter J, Section J103.2, Exception 1 14LL. Appendix Chapter J, Section J104.1 14 ARTICLE III. California Residential Code
Section 14-4.California Residential Code Adopted. 14Section 14-5.Amendments to the California Residential Code. 14A. Chapter I Division II, Administration 14B. Section R301.2.2.11. Anchorage of Components and Equipment. 14C. Section R313. Fire Sprinklers Required. 15D. Section R401.1. Wood Foundations Exception. 15E. Section R403.1.2. Continuous Footing in Seismic Design Category D0 , D1
, and D2
15F. Section R403.1.3.6. Delete Exemption to Continuous Footing Requirement.15G. Section R404.2. Wood Foundations in Seismic Design Category D0 , D1
, and D2.
15H. Table R602.3.(1). Wood Staples in Panels. 15I. Table R602.3.(2). Wood Staples in Panels. 16J. Table R602.10.3(3). Bracing Requirements Based on Seismic Design Category. 16K. Table R602.10.4. Use of Staples in Panels. 16L. Section R703.1. Waterproofing. 16M. Section R902.1. Roof Covering Materials. 17N. Section R902.1.3. Roof Coverings in all other areas. 17O. Appendix AH Section AH103.2. Light, ventilation and emergency egress. 17P. Appendix AQ Section AQ106. Energy Conservation. 17 ARTICLE IV. California Green Building Standards Code
Section 14-6.California Green Building Standards Code Adopted. 18 119
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 theAbatement of Dangerous Buildings Adopted. 18Section 14-9. Amendments to the International Property Maintenance Code 18A. Section 101.1. Title. 18B. Section 103.1. Creation of Agency. 18C. Section 201.3. Terms Defined in Other Codes. 18D. Section 302.4. Weeds. 19E. Section 302.8. Motor Vehicles. 19F. Section 304.1.1. Unsafe Conditions. 19G. Section 304.14. Insect Screens. 19H. Section 305.1.1 Unsafe Conditions. 20I. Section 306.1.1 Unsafe Conditions. 20J. Section 401.3. Alternative Devices. 20K. Section 502.5. Public Toilet Facilities. 20L. Section 505.1. Water Systems, General. 20M. Section 505.5.1 Abandonment of Systems. 20N. Section 602.2. Residential Occupancies. 20O. Section 602.3. Heating Supply. 21P. Section 602.4. Occupiable Work Spaces. 21Q. Section 604.3.1.1. Electrical Equipment. 21R. Section 604.3.2.1. Electrical Equipment. 21S. Section 702.1. Means of Egress, General. 21T. Section 702.2. Aisles. 22U. Section 702.3. Locked Doors. 22V. Section 702.4. Emergency Escape and Rescue Openings. 22W. Section 703.2. Unsafe Conditions. 22X. Section 703.7. Vertical Shafts. 22Y. Section 704.1. Inspection, Testing, and Maintenance. 23Z. Section 704.1.1. Fire Protection and Life Safety Systems. 23AA. Section 704.1.2. Required Fire Protection and Life Safety Systems.23BB. Section 704.1.3. Fire Protection Systems. 23CC. Section 704.3. Systems Out of Service. 23DD. Section 704.3.1. Emergency Impairments. 24EE. Section 704.4.2. Removal of existing occupant-use hose lines. 24FF. Section 704.4.3 Termination of Monitoring Service. 24GG. Section 704.5.1. Fire Department Connection Access. 24HH. Section 704.6.4. Smoke Detection Systems. 24II. Section 705.1. Carbon Monoxide Alarms, General. 25 120
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. 25Section 14-12.Amendments to the California Electrical Code. 25A. Article 90-10. Administration. 26B. 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. 26Section 14-15.Amendment. 26A. 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. 27Section 14-18.Amendment. 27A. Chapter One, Division II - Administration. 27 ARTICLE XII. California Energy Code
Section 14-19.California Energy Code Adopted. 27
ARTICLE XIII. (RESERVED)
121
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. 28A. Section [A] 101.1. Title.B. Section [A] 103.1. Creation of Agency. 28C. Section [A] 104.13. General. 28D. Section 104.13.1. Cost Recovery. 28E. Section 104.14. Stopping uses, evacuation. 29F. Section 105.5.54, Subsection 4. Cannabis. 29G. Section 105.5.54, Subsection 5. Wood Pallet Facilities. 29H. Section 105.5.54, Subsection 6. Electronic Gate Access 29I. Section [A] 112.4. Violation Penalties. 29J. Section 202. Definitions. 29K. Section 401.10. Immediate Reporting of a Release or Threatened Release. 30L. Section 503.1.2.1. Difficult Apparatus Access. 30M. Section 503.2.1. Dimensions. 30N. Section 503.7. Electronic and Electric Access Gates. 30O. Section 503.7.1. Battery Backup. 31P. Section 503.7.2. Electronic and Electric Access Gates Maintenance. 31Q. Section 503.7.3. Electronic and Electric Access Gates Maintenance Records.31R. Section 507.5. Fire Hydrant Systems. 32S. Section 507.5.1.1. Hydrant for standpipe systems. 32T. Section 901.6.3.2. System Records. 32U. Section 903.4.2.1. Exterior Strobe. 32V. Section 904.3.5. Monitoring. 32W. Section 906.1, #10. Portable Fire Extinguishers. 32X. Section 907.3.5. Fog or Smoke Emitting Systems. 32Y. Section 907.5.2.3.5. Exterior Strobe. 33Z. Section 3901.1. Scope. 33AA. Section 4908 through 4908.9.1. Very High Fire Hazard Severity Zone Requirements.33BB. Table B105.2. 36CC. Section D102.1. Access and loading. 36DD. Section D103.5, #1. Fire apparatus access road gates. 36 122
EXHIBIT A - INDEX AND SUMMARY TO THE CALIFORNIA CODES AND AMENDMENTS ARTICLE XVI. Fire Sprinklers
Section 14-26. Automatic Fire Sprinkler System. 36A. Section 903.1.2 36B. Section 903.2 37C. Section 903.2.1 through 903.2.21 37D. Section 903.3.1.1.2. Deleted. 38E. Section 903.3.1.2. 38F. Section 903.3.1.3. 39 ARTICLE XVII. (RESERVED)
ARTICLE XVIII. (RESERVED)
ARTICLE XIX. (RESERVED)
PART 4 General Findings 40PART 5 Publication 41PART 6 Effective Date 42 123
EXHIBIT A - INDEX AND SUMMARY TO THE CALIFORNIA CODES AND AMENDMENTS
SUMMARY
PART 3
ARTICLE II.CALIFORNIAAND
BUILDING
CODE
Section 14-2References the adoption of the California Building Code, 2022 Edition.
Section 14-3Amendments to the CBC.
A. Chapter 1 Division II, Section [A]101.4.4.Correctsan inaccurate administrativereference.
Finding of Need:Administrative.
B. Chapter 1 Division II, Section [A]103.1.Administrativeclarification of terminology.
Finding of Need:Administrative.
C. Chapter 1 Division II, Section [A]105.2Clarifiesrestrictions on items exempt frompermits.
Finding of Need:Local Climatic Condition #1, LocalGeological Conditions #1 and #2.
D. Chapter 1 Division II, Section 105.3.2.Modifiesthe time limit of permit extensionsgranted by the Building Official.
Finding of Need:Administrative.
E. Chapter 1 Division II, Section 107.1.Clarifieswho can draw plans and preparetechnical documents and when an Architect or Engineer is required.
Finding of Need:Administrative.
F. Chapter 1 Division II, Section 109.2.Clarifieshow fees adopted by City Council areto be charged.
Finding of Need:Administrative.
124
EXHIBIT A - INDEX AND SUMMARY TO THE CALIFORNIA CODES AND AMENDMENTS G. Chapter 1 Division II, Section 110.3.12.Ensuresthat for projects that include licensingrequirements 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 providescross-reference to the Oxnard Fire Code relating to more restrictive requirementsfor automatic fire sprinkler systems.
Finding of Need:Editorial reference.
I. Section 1403.1. Waterproofing Weather-ExposedAreas. Due to climatic conditionscaused by the close proximity to the ocean, there is a specific need to ventilatecertain 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. Amendsthe CBC to be consistent withFire Prevention Program regulations for roof covering requirements of Class A orB roofing.
FindingofNeed:LocalTopographicCondition#2andLocalClimaticConditions#’s1,2,3,and4 to assure public health and welfare.
K. Section 1507.3.1. Deck Requirements. Amends theCBC to ensure that the support ofthe roof covering, as recommended by the Structural Engineers Association.
FindingofNeed:LocalTopographicCondition#2andLocalClimaticConditions#’s1,2,3,and4 to assure public health and welfare.
L. Section 1511.1. Re-roofing Requirements. Amendsthe CBC to be consistent with FirePrevention Program regulations for roof covering requirements of Class A or Broofing. 125
EXHIBIT A - INDEX AND SUMMARY TO THE CALIFORNIA CODES AND AMENDMENTS FindingofNeed:LocalTopographicCondition#2andLocalClimaticConditions#’s1,2,3,and4 to assure public health and welfare.
M. Section 1613.5. Amendments to ASCE 7.This amendmentcreates a section in theCBC 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 limitmixed structural systems to two stories, limits the impact of vertical irregularitiesof the structural system. Reducing the possibility for damage during anearthquake.
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 ofASCE 7-05 strengthens and clarifies the requirements for anchorage of concreteand masonry bearing walls to wood roofs, and is intended to increase life safetyby preventing failures observed in recent past earthquakes.
Finding of Need:Local Geological Condition #1.
P. Section 1613.5.3. Modification to ASCE 7 Section12.12.3. Equation 12-12.1. Theinclusion of the importance factor in this equation has the unintendedconsequence of reducing the minimum seismic separation distance for importantfacilities such as hospitals, schools, assembly occupancies, and other importantstructures.
Finding of Need:Local Geological Condition #1.
Q. Section 1704.6. Structural Observations.It isimportant to recognize that theregistered design professional responsible for the structural design has thoroughknowledge of the building he/she designed. By requiring the registered designprofessional responsible for the structural design or their designee who wereinvolved with the design to observe the construction, the quality of theobservation for major structural elements and connections that affect the verticaland lateral load resisting systems of the structure will greatly be increased.Additional requirements are provided to help clarify the role and duties of the 126
EXHIBIT A - INDEX AND SUMMARY TO THE CALIFORNIA CODES AND AMENDMENTS structural observer and the method of reporting and correcting observeddeficiencies to the building official.
Finding of Need:Local Climactic Condition #1, andLocal Geological Condition #1 and #2.
R. Section 1705.3. Special Inspection for ConcreteConstruction.This provision limitsthe types of concrete construction elements that can be installed without deputyinspection and is intended to increase quality control of critical structuralelements.
Finding of Need:Local Geological Conditions #1 and#2.
S. Section 1705.13.2. Special Inspection of WoodShearwalls.Allows for an exemptionto special inspection of wood shearwalls if compensating design and constructionlimitations are observed.
Finding of Need:Local Geological Conditions #1.
T. Section 1803.2. Investigations required. Dueto soil conditions observed, special soilsinvestigations are required.
Finding of Need:Local Geological Condition #1 and#2.
U. Section 1804.4. Site Grading. Due to the relativelyflat topography of the City,additional drainage and moisture protection requirements are required.
Finding of Need:Local Climactic Condition #1, LocalTopographical Condition #1.
V. Section 1808.7.4. Foundation Elevation. Due tothe relatively flat topography of theCity, additional drainage and moisture protection requirements are required.
Finding of Need: Local Climactic Condition #1, LocalTopographical Condition #1.
W. Section 1905.1. General. Modifies the referencesto subsequent code sections so as tobe consistent with other local code modifications contained herein.
Finding of Need: Administrative clarification relatingto the scoping of this section. 127
EXHIBIT A - INDEX AND SUMMARY TO THE CALIFORNIA CODES AND AMENDMENTS X. Section 1905.1.7. ACI 318 Section 14.1.4. Amendsthis section to limit the use ofun-reinforced or under-reinforced concrete in areas of high seismic activity so asto 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 and18.7.5.9.Carries over importantprovisions from previous codes relating to the design of concrete columns inframes that resist seismic loads.
Finding of Need:Local Geological Condition #1.
Z. Section 1905.1.10. ACI 318 Section 18.10.4.Carriesover important provisions fromprevious 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 fromprevious codes relating to the design of seismic load resisting elements inconcrete topping slabs.
Finding of Need:Local Geological Condition #1.
BB. Section 2304.10.2. Fastener requirements.Dueto the high geologic activities in theSouthern California area and the expected higher level of performance onbuildings and structures, this proposed local amendment limits the use of staplefasteners in resisting or transferring seismic forces. Limited cyclic testing datawas provided to the ICC Los Angeles Chapter Structural Code Committeeshowing that stapled wood structural shear panels do not exhibit the samebehavior as the nailed wood structural shear panels. The test results of the stapledwood structural shear panels appeared much lower in strength and drift than thenailed wood structural shear panel test results. Therefore, the use of staples asfasteners to resist or transfer seismic forces shall not be permitted without beingsubstantiated by cyclic testing. This proposed amendment is a continuation of asimilar amendment adopted during previous code adoption cycles Finding of Need:Local Geological Condition #1.
128
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 inseismic elements of the structure all meet minimum standards to which theseelements were tested to.
Finding of Need:Local Geological Condition #1.
DD. Section 2305.4. Hold-down connectors.ICC-ESAC 155 Acceptance Criteria forHold-downs (Tie-Downs) Attached to Wood Members is widely used to establishallowable values for hold-down connectors in evaluation reports. AC 155 usesmonotonic loading to establish allowable values. Yet, cyclic and dynamic forcesimparted on buildings and structures by seismic activity cause more damage thanequivalent forces that are applied in a monotonic manner. However, theengineering, regulatory and manufacturing industries have not reached consensuson the appropriate cyclic or dynamic testing protocols. This amendment reflectsthe recommendations by the Structural Engineers Association of SouthernCalifornia (SEAOSC) that investigated the poor performance observed in 1994Northridge Earthquake. This proposed amendment is a continuation of anamendment adopted during previous code adoption cycles with additionaleditorial revisions for clarification.
Finding of Need:Local Geological Condition #1.
EE. Section 2306.2 Wood Structural Panel Diaphragms.Provides additional restrictionsfor 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 forwood structural shear walls in areas of high seismic activity. The Structural EngineersAssociation of Southern California (SEAOSC) recommended reducing allowable shear values inwood 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.Correctreference created by amendment.
Finding of Need:Local Geological Condition #1.
129
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 onbuildings and structures in this region, materials for lateral bracing that haveexhibited poor performance in seismic events, or that have not been demonstratedthrough cyclic testing to be capable of performing adequately in a seismic event,have been removed in order to improve the expected seismic performance level ofbuildings.
Finding of Need:Local Geological Condition #1.
II. Section 2308.6.1 Braced Wall Line Support.Withthe higher seismic demand placedon buildings and structures in this region, interior walls can easily be called uponto resist over half of the seismic loading imposed on simple buildings orstructures. Without a continuous foundation to support the braced wall line,seismic loads would be transferred through other elements such as non-structuralconcrete slab floors, wood floors, etc. Requiring interior braced walls besupported by continuous foundations is intended to reduce or eliminate the poorperformance of buildings or structures.
Finding of Need:Local Geological Condition #1.
JJ. Section 2308.6.9 Attachment of Sheathing.Thisproposed amendment is intended toimprove the performance level of buildings and structures that are subject to thehigher seismic demands placed on buildings or structures in this region.
Finding of Need:Local Geological Condition #1.
KK. Appendix Chapter J, Section J103.2, Exception1. The City is very flat and there is aconcern for safe drainage design; therefore, the exemptions for a grading permitwere limited 150 cubic yards of earth.
Finding of Need:Local Topographical Condition #1.
LL. Appendix Chapter J, Section J104.1.Clarifiesgrading plan submittal requirementsincluding final submittal media, supporting reports, number of sets, and earthworkestimate requirements.
Finding of Need:Administrative.
130
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 theadministration sections alreadyadopted in the Building code to avoid duplication.
Finding of Need:Administrative.
B. Section 301.2.2.11. Anchorage of mechanical, electrical,or plumbing componentsand equipment.Ensures that additional items areanchored as required in theloading provisions of ASCE 7.
Finding of Need:Local Climactic Condition #1, LocalGeological Conditions #1 and #2.
C. Section R313. Where Fire Sprinklers are Required. This amendment providescross-reference to the Oxnard Fire Code relating to more restrictive requirementsfor automatic fire sprinkler systems.
Finding of Need:Editorial reference.
D. Section R401.1. Wood Foundations.The proposedamendment takes the precautionarysteps to reduce or eliminate potential problems that may result in using woodfoundation that experience relatively rapid decay due to the fact that the regiondoes not experience temperatures cold enough to destroy or retard the growth andproliferation of wood- destroying organisms. However, an exception is made fornon-occupied, single-story storage structures that pose significantly less risk tohuman safety and may utilize the wood foundation guidelines specified in thisChapter.
Finding of Need:Local Geological Conditions #1 and#2, Local Topographical #1.
E. Section R403.1.2. Continuous footing in SeismicDesign Categories D0 , D1
, and D2
.Interior walls can easily be called upon to resist over half of the seismic loadingimposed on simple buildings or structures. Without a continuous foundation tosupport the braced wall line, seismic loads would be transferred through otherelements such as non-structural concrete slab floors, wood floors, etc. Requiring 131
EXHIBIT A - INDEX AND SUMMARY TO THE CALIFORNIA CODES AND AMENDMENTS interior braced walls be supported by continuous foundations is intended toreduce 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 ofun-reinforced concrete footings to prevent poor seismic performance and tomaintain the structural integrity of the building or structure against adverse soilsconditions.
Finding of Need:Local Geological Conditions #1 and#2.
G. Section R404.2. Wood foundation walls.The proposedamendment takes theprecautionary steps to reduce or eliminate potential problems that may result inusing wood foundation walls that experience relatively rapid decay due to the factthat the region does not experience temperatures cold enough to destroy or retardthe 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 indicatethat wood structural panels fastenedwith staples appeared to be much lower in strength and stiffness than woodstructural panels fastened with common nails. It was recommended that the useof staples as fasteners for wood structural panel shear walls or diaphragms not bepermitted to resist seismic forces in structures assigned to Seismic DesignCategory 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 indicatethat wood structural panel fastenedwith staples appeared to be much lower in strength and stiffness than woodstructural panels fastened with common nails. It was recommended that the use ofstaples as fasteners for wood structural panel shear walls or diaphragms not bepermitted to resist seismic forces in structures assigned to Seismic DesignCategory D0, D1 and D2 unless it can be substantiated by cyclic testing.
Finding of Need:Local Geological Conditions #1 and#2.
132
EXHIBIT A - INDEX AND SUMMARY TO THE CALIFORNIA CODES AND AMENDMENTS J. Table R602.10.3.(3) Bracing Requirements Based on Seismic Design Category. Thisrevision simplifies this table because California does not allow three storiesconventional framing and Oxnard is composed entirely of Seismic DesignCategory D0 , D1
, and D2
per the Residential Code.Poor performance of thediagonal wood boards, structural fiberboard sheathing, gypsum board, particleboard sheathing, portland cement plaster, and hardboard panel siding, during theNorthridge earthquake justifies reduction or removal of these values. Limitedcyclic testing provided to the ICC Los Angeles Chapter Structural CodeCommittee shows that stapled wood structural shear panels do not exhibit thesame 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 forSeismic Design Category D0 , D1
,and D2
. Cyclic tests conducted indicate that woodstructural panels fastened withstaples appeared to be much lower in strength and stiffness than wood structuralpanels fastened with common nails. It was recommended that the use of staples asfasteners for wood structural panel shear walls or diaphragms not be permitted toresist 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 conditionscaused by the close proximity tothe ocean, there is a specific need to ventilate certain areas of a building which aremore clearly addressed in this amendment.
Finding of Need:Local Climatic Condition #1
M. Section R902.1. Roofing covering materials. Amendsthe CRC to be consistent withFire Prevention Program regulations for roof covering requirements of Class A orB roofing.
FindingofNeed:LocalTopographicCondition#2andLocalClimaticConditions#’s1,2,3,and4 to assure public health and welfare.
N. Section R902.1.2. Roof coverings in all otherareas. Amends the CRC to be consistentwith Fire Prevention Program regulations for roof covering requirements of ClassA or B roofing. 133
EXHIBIT A - INDEX AND SUMMARY TO THE CALIFORNIA CODES AND AMENDMENTS FindingofNeed:LocalTopographicCondition#2andLocalClimaticConditions#’s1,2,3,and4 to assure public health and welfare.
O. AH103.2.Light,ventilationandemergencyegress. AmendstheoptionalchapterAppendixAHwhichgovernsPatioCoversto restoretherequirementsoftheregularcodetorequirethatemergencyegresswindowstoexitdirectlytoayardorcourt.
FindingofNeed.LocalClimaticConditions#’s 2and3andLocalGeologicalCondition#1toassure public health and welfare.
P. AQ106.EnergyConservation.Thissectionisdeletedtoremoveconflictscausedbycode references to standards that are not adopted in the State of California.
Finding of Need.Administrative.
ARTICLE IV.CALIFORNIA GREEN BUILDING STANDARDS CODE
Section14-6.ReferencesadoptionoftheCaliforniaGreenBuildingStandardsCode,2022Edition.
ARTICLE V.PROPERTY MAINTENANCE AND ABATEMENT CODES
Section14-8.ReferencesadoptionoftheInternationalPropertyMaintenanceCode,2021Edition,andtheUniformCodeforAbatementofDangerousBuildings,1997Edition.Section 14-9Amendments to the International Property Maintenance Code.
A. Section 101.1.Title.Administrative clarificationof terminology.
Finding of Need:Administrative.
B. Section 103.1. Creation of Agency. Administrativeclarification of terminology.
Finding of Need:Administrative.
134
EXHIBIT A - INDEX AND SUMMARY TO THE CALIFORNIA CODES AND AMENDMENTS C. Section 201.3. Terms Defined in Other Codes.Clarifies code references forconsistency.
Finding of Need:Administrative.
D. Section 302.4. Weeds.Provides necessary dimensionsthat are not defined in the modelcode.
Finding of Need:Administrative.
E. Section 302.8. Motor Vehicles.Administrativeclarification of terminology.
Finding of Need:Administrative.
F. Section 304.1.1 Unsafe Conditions.Administrativeclarification of code references forconsistency.
Finding of Need:Administrative.
G. Section 304.14. Insect Screens.Removes seasonaldates due to lack of intemperateconditions in our local climate.
Finding of Need:Administrative.
H. Section 305.1.1. Unsafe Conditions.Administrativeclarification of code references forconsistency.
Finding of Need:Administrative.
I. Section 306.1.1. Unsafe Conditions.Administrativeclarification of code references forconsistency.
Finding of Need:Administrative.
J. Section 401.3. Alternative Devices.Administrativeclarification of code references forconsistency.
Finding of Need:Administrative.
K. Section 502.5. Public Toilet Facilities.Administrativeclarification of code referencesfor consistency.
Finding of Need:Administrative.
135
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.Administrativeclarification of codereferences for consistency.
Finding of Need:Administrative.
N. Section 602.2. Residential Occupancies.Administrativeclarification of code referencesfor consistency.
Finding of Need:Administrative.
O. Section 602.3. Heating Supply. Removes seasonaldates due to lack of intemperateconditions in our local climate.
Finding of Need:Administrative.
P. Section 602.4. Occupiable Work Spaces.Administrativeclarification of codereferences for consistency.
Finding of Need:Administrative.
Q. Section 604.3.1.1. Electrical Equipment.Administrativeclarification of codereferences for consistency.
Finding of Need:Administrative.
R. Section 604.3.2.1. Electrical Equipment.Administrativeclarification of codereferences for consistency.
Finding of Need:Administrative.
S. Section 702.1. General.Administrative clarificationof code references for consistency.
Finding of Need:Administrative.
T. Section 702.2. Aisles.Administrative clarificationof code references for consistency.
Finding of Need:Administrative.
U. Section 702.3. Locked Doors.Administrative clarificationof code references forconsistency.. 136
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 clarificationof code references for consistency.
Finding of Need:Administrative.
W. Section 703.2. Unsafe Conditions.Administrativeclarification of code references forconsistency.
Finding of Need:Administrative.
X. Section 703.7. Vertical Shafts.Administrativeclarification of code references forconsistency.
Finding of Need:Administrative.
Y. Section 704.1 Inspection, Testing and Maintenance.Administrative clarification ofcode references for consistency..
Finding of Need:Administrative.
Z. Section 704.1.1. Fire Protection and Life Safety Systems.Administrative clarificationof code references for consistency.
Finding of Need:Administrative.
AA. Section 704.1.2. Required Fire Protection and Life Safety Systems.Administrativeclarification of code references for consistency.
Finding of Need:Administrative.
BB. Section 704.1.3. Fire Protection Systems.Administrativeclarification of codereferences for consistency.
Finding of Need:Administrative.
CC. Section 704.3. Systems Out of Service.Administrativeclarification of code referencesfor consistency.
Finding of Need:Administrative.
137
EXHIBIT A - INDEX AND SUMMARY TO THE CALIFORNIA CODES AND AMENDMENTS DD. Section 704.3.1. Emergency Impairments.Administrative clarification of codereferences for consistency.
Finding of Need:Administrative.
EE. Section 704.4.2. Removal of existing occupant-use hose lines.Administrativeclarification of code references for consistency.
Finding of Need:Administrative.
FF. Section 704.4.3. Termination of Monitoring Service..Administrative clarification ofcode references for consistency.
Finding of Need:Administrative.
GG. Section 704.5.1. Fire Department Connection Access.Administrative clarification ofcode references for consistency.
Finding of Need:Administrative.
HH. Section 704.6.4. Smoke Detection System.Administrativeclarification of codereferences for consistency.
Finding of Need:Administrative.
II. Section 705.1. General.Administrative clarificationof code references for consistency..
Finding of Need:Administrative.
ARTICLE VI.CALIFORNIA HISTORICAL BUILDING CODE
Section14-10.Referencesadoptionof theCaliforniaHistoricalBuildingCode,2022Edition.
ARTICLE VII.CALIFORNIA
ELECTRICAL
CODE
Section 14-11.References adoption of the California Electrical Code, 2022 Edition.Section 14-12Amendments to the California Electrical Code. 138
EXHIBIT A - INDEX AND SUMMARY TO THE CALIFORNIA CODES AND AMENDMENTS A. Article 90-10. Administration.The administrative provisions for the CEC shall bethose in Article II of this chapter.
Finding of Need:Administrative.
B. Article 695.3 Power Source(s) for Electric Motor-Driven Fire Pumps.Clarifies therequirements 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
Section14-13.Referencesadoptionof theCaliforniaHistoricalBuildingCode,2022Edition.
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.Theadministrative provisions for the CMCshall be those in Articles I and II of this chapter.
Finding of Need:Administrative.
ARTICLE X.CALIFORNIA REFERENCED STANDARDS CODE
Section14-16.ReferencesadoptionoftheCaliforniaReferencedStandardsCode,2022Edition.
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. 139
EXHIBIT A - INDEX AND SUMMARY TO THE CALIFORNIA CODES AND AMENDMENTS A. Chapter One, Division II– Administration.The administrative provisions for the CPCshall 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 referenceto the Fire Code of the City of Oxnard.
Finding of Need:Administrative.
B. Section 103.1. Creation of agency. Administrativereference to the Oxnard FirePrevention Bureau and the fire code official.
Finding of Need:Administrative.
C. Section 104.12. General. This amendment allows thefire code official to issue orderswith 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 allowsthe fire code official to seek costrecovery due to willful or negligent acts, or violations of Fire or Building Codes thatresult in an emergency response.
Finding of Need:Administrative.
E. Section 104.13. Stopping uses, evacuation. Thisaddition allows the fire code officialto stop a use or order an evacuation if there is a hazardous condition or situation whichpresents a hazard to life or property.
Finding of Need:Administrative.
140
EXHIBIT A - INDEX AND SUMMARY TO THE CALIFORNIA CODES AND AMENDMENTS F. Section 105.5.54. Cannabis. This addition clarifies that an operational permit isrequired for specified cannabis related uses.
Finding of Need:Administrative.
G. Section 105.5.54. Wood and Wood Composite Pallet Manufacturing and RecyclingFacilities. This addition clarifies that an operationalpermit is required for specified uses.
Finding of Need:Administrative.
H. Section 105.5.54. Electronic Gate Access. This additionclarifies that an operationalpermit is required for electronic and electric gates.
Finding of Need:Administrative.
I. Section 112.4. Violation Penalties. This amendmentspecifies violation penalties forvarious fire code offenses.
Finding of Need:Administrative.
J. Section 202, Definitions. This section adds and amendsdefinitions for clarity andconsistency.
Finding of Need:Administrative.
K. 401.10 Immediate Reporting of a Release or a Threatened Release.This section addsreporting requirements for a release or threatened release.
Finding of Need:Administrative.
L. Section 503.1.2.1. Difficult Apparatus Access.Thisadded section clarifies theauthority 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 clarifiesfire apparatus accessdimensions.
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 therequirements for electronic and electric access gates.
Finding of Need:Administrative, Climatic #2, #3,#4, and Topographical #2, #3. 141
EXHIBIT A - INDEX AND SUMMARY TO THE CALIFORNIA CODES AND AMENDMENTS O. Section 503.7.1 Battery Backup.This added sectionclarifies the requirements forelectronic 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 addedsection 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.Thisadded section clarifies the requirements for electronic and electric access gatemaintenance records.
Finding of Need:Administrative.
R. Section 507.5. Fire Hydrant systems.This amendmentclarifies the standards for firehydrant 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 firecode official to set requirements consistent with the current operational requirements ofthe 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 setsrequirements for maintenancerecordkeeping consistent with the requirements of the Fire Department for electronicrecordkeeping.
Finding of Need:Administrative.
U. Section 903.4.2.1 Exterior Strobe. This requirementfacilitates fire-fighting personnelin 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 facilitatesfirefighting by enabling fireextinguishing system notification more quickly.
Finding of Need:Administrative, Climatic #2, #3,#4, and Topographical #2, #3. 142
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 dealingwith the placement of fire extinguishers in high theft areas.
Finding of Need:Administrative.
X. Section 907.3.5.Fog or Smoke Emitting Systems.Thisrequirement provides forfirefighting personnel protection and facilitates a more rapid response to building interiors forfirefighting.
Finding of Need:Administrative, Climatic #2, #3,#4, and Topographical #2, #3.
Y. Section 907.5.2.3.5. Exterior Strobe.This requirementfacilitates fire-fightingpersonnel 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 clarifiesscoping and standards for plantcultivation, processing, and extraction.
Finding of Need:Administrative.
AA. Sections 4908 through 4908.9.1.These sections arebeing added to implement the VeryHigh 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 isavailable for firefighting, inconcordance 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 amendmentallows the fire code official to setrequirements consistent with the current operational requirements of the Fire Department’sapparatus, 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 allowsthe fire code official to setrequirements consistent with the current operational requirements of the Fire Department’sapparatus, and facilitates timely response of available apparatus.
Finding of Need:Administrative, Climatic #2, #3,#4, and Topographical #2, #3. 143
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 CaliforniaCode relating to Fire Sprinkler requirements.
A. Section 903.1.2.This amendment clarifies definition(s)for consistency in the applicationof this code.
Finding of Need:Administrative
B. Section 903.2.This amendment updates Fire Coderequirements regarding fire sprinklersystems 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 amendmentupdates Fire Code requirementsregarding fire sprinkler systems to clarify and enhance threshold requirements for firesprinkler system coverage.
Finding of Need:Administrative, Climatic #2, #3,#4; Geological #1; Topographical #2, #3 D. 903.3.1.1.2 Bathrooms.This amendment updatesFire Code requirements regarding firesprinkler systems to clarify and enhance threshold requirements for fire sprinkler systemcoverage.
Finding of Need:Administrative, Climatic #2, #3,#4; Geological #1; Topographical #2, #3 E. Section 903.3.1.2.This amendment updates FireCode requirements regarding firesprinkler systems to clarify and enhance threshold requirements for fire sprinkler systemcoverage.
Finding of Need:Administrative, Climatic #2, #3,#4; Geological #1; Topographical #2, #3 F. Section 903.3.1.3.This amendment updates FireCode requirements regarding firesprinkler systems to clarify and enhance threshold requirements for fire sprinkler systemcoverage.
Finding of Need:Administrative, Climatic #2, #3,#4; Geological #1; Topographical #2, #3 144
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.4
DATE: November 15, 2022
TO: City Council
FROM: Jason Benites, Police Chief, (805) 385-7624, [email protected]
SUBJECT: Supplemental Law Enforcement Services Fund (SLESF).
RECOMMENDATION
That the City Council:
1. Recognize $313,554 in grant revenue from the State Supplemental Law Enforcement Services Fund (SLESF) for Citizens Option for Public Safety (COPS) Program;
2. Approve a budget appropriation in the amount of $313,554 for various equipment purchases and funding for community engagement activities; and
3. Authorize the City Manager or designee to approve additional budget appropriations if awarded.
BACKGROUND
The County of Ventura received an estimated allocation of $1,605,974 from the State Department of Finance for front- line law enforcement funds as part of the Supplemental Law Enforcement Services Funds (SLESF). The State of California allocates funds to cities and counties based on population. The City of Oxnard's estimated portion is $313,554. The SLESF funds result from a 0.15% Vehicle License Fee (VLF) and are meant to supplement existing services, and may not be used to supplant any existing funding for law enforcement services.
These funds will be used towards various equipment and subscriptions, such as a traffic collision interface (Crossroads) to the records management system (LERMS); a portion of the annual costs of the body-worn camera (BWC) program; outfitting of the UAS van; a comprehensive training system designed to allow trainers to give presentations/classes, conduct interactive testing, and assessment, and provide hands-on scenario-based exercises to practice de-escalation techniques with detailed debriefing and after-action reviews (Virtual Reality), and a platform that increases and makes communication of crime and administrative information between police personnel more efficient (SmartForce). Community engagement is one of our priorities and updating our video equipment for our social media engagements and recruiting efforts is necessary. Our "signature" events will require funding for permitting, promotional materials, and Oxnard PD swag.
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
145
The budget appropriation of $313,554 for FY21-22 SLESF COPS Program will recognize revenue and appropriate funding to the State/Local Grant Fund (Fund 210) Project #G23XX - COPS Prog SLESF - FY21-22). Approval of this recommendation will have no impact on the General Fund.
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Delia Campbell, Police Finance Manager
ATTACHMENTS
1. 2022 SLESF Presentation
146
SUPPLEMENTAL LAW ENFORCEMENT
SERVICES FUND (SLESF)
Christopher Williams, Assistant Police Chief
Delia Campbell, Police Finance Manager
147
That City Council:
• 1. Recognize $313,554 in grant revenue from the State Supplemental Law Enforcement Services Fund (SLESF) for Citizens Option for Public Safety (COPS) Program;
• 2. Approve a budget appropriation in the amount of $313,554 for various equipment purchases and funding for community engagement activities; and
• 3. Authorize the Chief Financial Officer or designee to approve additional budget appropriations if awarded.
RECOMMENDATION 2
148
• The SLESF grant funds originate with the State of California collecting a .15% vehicle license fee (VLF). The State allocates $1.6 million to the County of Ventura with Oxnard receiving the largest amount of $313,554. The allocation is based on population. These funds must be used for law enforcement activities and cannot replace or supplant existing resources.
• The grant funds will be used for the following:
§ Traffic collision interface to records management system § UAS team van outfitting
§ Virtual Reality – comprehensive training system to provide hands-on scenario-based exercises, conduct interactive testing and assessment, and after-action reviews § SmartForce – platform that helps officers communicate crime and administrative information in real-time
§ Equipment and supplies for community engagement activities § Partial costs of the body worn camera program
GRANT BACKGROUND/INFORMATION 3
149
QUESTIONS
4 150
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.5
DATE: November 15, 2022
TO: City Council
FROM: Jason Benites, Police Chief, (805) 385-7624, [email protected]
SUBJECT: Federal and State Asset Forfeiture Funds.
RECOMMENDATION
That the City Council approve a budget appropriation of $175,900 for the use of Federal and State asset forfeiture funds allocated to the City of Oxnard Police Department.
BACKGROUND
Asset forfeiture is a tool used by law enforcement agencies against criminals and criminal organizations to deprive them of ill-gotten gains through the seizure of related assets. Asset forfeiture is used to disrupt, dismantle, and deter those who prey on the vulnerable for financial gain, including criminal organizations, drug dealers, and white-collar criminals. Forfeited funds are then used to help protect and serve our communities and support law enforcement.
Asset forfeiture fund ("AFF") allotments for Oxnard were primarily generated through a multi-jurisdictional task force (FBI) and seizures of cash that was involved in illicit narcotics activity and money laundering.
The AFF appropriation will be used for various equipment purchases not covered via General Fund expenditures. The Police Department intends to fund the following:
o Breaching equipment - multi-force breaching door for active shooter training; breaching kits for the School Resource Officers or patrol deployment; portable hydraulic entry tool o Tactical equipment - replacement of precision rifles (surpassed usable lifespan) o UAS replacement equipment - current aircraft are near or have reached an end of useful life o Ballistic equipment - shields with viewports for the patrol sergeant's vehicles o Investigative equipment - night vision scopes
o Investigative tools - hardware and software for traffic related cases (felonies and fatalities) and training o Reporting equipment - software to update current PRA portal to be CJIS compliant o Patrol equipment - LIDAR devices for speed enforcement
Assembly Bill 481 requires law enforcement agencies to obtain approval from the agency's governing body before purchasing, raising funds for, or acquiring military equipment, by any means, including requesting surplus military equipment from the federal government. Per AB 481’s criteria, precision rifles and unmanned aircraft vehicle purchases are deemed as military equipment.
California Health & Safety Code section 11489(a)(2)(A)(i) mandates that 15% of state asset seizure funds "be used for the sole purpose of funding programs designed to combat drug abuse and gang activity...for high-risk elementary and secondary school students." The designated portion of these seizure funds will be used to work closely with local community-based organizations to accomplish these goals. The Police Department will conduct an application process 151
and will award mini-grants upon approval of this recommendation.
These funds must be used by law enforcement agencies for law enforcement purposes only and cannot replace or supplant existing resources.
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
Of the $175,900 appropriation requested, $145,900 will be appropriated to Asset Seizure-Vxnet Fed Fund (Fund 192) for equipment purchases, and $30,000 will be appropriated to Asset Seizure-State Fund (Fund 191) for the mini-grant awards. The undesignated, unreserved fund balance for Fund 191 is approximately $251,275. The undesignated, unreserved fund balance for Fund 192 is approximately $199,170. Approval of this recommendation will have no impact on the General Fund.
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Delia Campbell, Police Finance Manager
ATTACHMENTS
1. 2022 AFF Presentation
152
FEDERAL AND STATE ASSET
FORFEITURE FUNDS (AFF)
Christopher Williams, Assistant Police Chief
Delia Campbell, Police Finance Manager
153
That the City Council approve a budget
appropriation in the amount of $175,900 for
the use of the Federal ($145,900) and the
State ($30,000) asset forfeiture funds
allocated to the Police Department.
RECOMMENDATION 2
154
The Police Department intends to fund the following:
• Breaching equipment - multi-force breaching door for active shooter training; breaching kits for the School Resource Officers or patrol deployment; portable hydraulic entry tool
• Tactical equipment – replacement of precision rifles (surpassed usable lifespan)
• UAS replacement equipment – current aircraft are near or have reached end of life
• Ballistic equipment – shields with viewports for the patrol sergeant’s vehicles
ASSET FORFEITURE FUND USE 3
155
• Investigative equipment – night vision scopes
• Investigative tools – hardware and software for traffic related cases (felonies and fatalities) and training
• Reporting equipment – software to update current PRA portal to be CJIS compliant
• Patrol equipment – LIDAR devices for speed enforcement ASSET FORFEITURE FUND USE 4
156
Assembly Bill 481 requires law enforcement agency to
obtain approval from the agency’s governing body before purchasing, raising funds for, or acquiring military equipment, by any means, including requesting surplus
military equipment from the federal government. The precision rifles and the unmanned aerial vehicle
purchases are considered military equipment.
GRANT INFORMATION 5
157
California Health & Safety Code section 11489(a)(2)(A)(i) mandates that 15% of state asset seizure funds “be used for the sole purpose of funding programs designed to combat drug abuse and gang activity…for high-risk elementary and secondary school students.”
The designated portion of these seizure funds will be used to work closely with local community-based organizations to accomplish these goals. The Police Department will
conduct an application process and will award mini-grants upon approval of this recommendation.
GRANT INFORMATION 6
158
QUESTIONS
7 159
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.6
DATE: November 15, 2022
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Approve Purchase Order with Fleet Services, Inc. for Medium and Heavy Duty Equipment Parts and Supplies.
RECOMMENDATION
That the City Council approve and authorize the Purchasing Agent to execute a Purchase Order with Fleet Services, Inc. in an amount not to exceed $750,000 for a three-year term, with two one-year extensions upon agreement by both parties, beginning December 1, 2022 and ending November 30, 2025, for medium and heavy duty equipment parts and supplies.
(Public Works and Transportation Committee approved 2-0.)
BACKGROUND
The Fleet Services Division of the Public Works Department performs maintenance and repairs on the City’s 946 fleet vehicles and equipment valued at over $51 million. This includes preventive maintenance, comprehensive inspections and light to heavy repairs.
In addition to passenger vehicles and trucks, the City’s fleet includes approximately 100 heavy duty trucks and trailers, including but not limited to refuse trucks, dump trucks and semi-tractor trailers. In order to properly maintain these, staff needs the ability to acquire Original Equipment Manufacturer (OEM), unused, non-remanufactured parts in addition to aftermarket parts.
Currently, these parts have been procured through the City’s Agreement A-8149 with Autozone. Autozone primarily sells auto and light truck parts. These specialized truck parts to repair the City’s medium/heavy duty trucks are outsourced by Autozone and sold to the City with a markup cost. Fleet Services, Inc. specializes in these unique parts and obtains their parts direct from suppliers resulting in cost savings and faster lead times.
DISCUSSION
A Request for Bid (RFB) PW 23-30 was issued by the Purchasing Division on September 8, 2022, with a closing date of September 23, 2022. The City received two responses to the RFB; O'Reilly Auto Enterprises, LLC. dba O'Reilly Auto Parts and Fleet Services, Inc. As a result of the RFB, the City determined Fleet Services, Inc. to be the lowest responsive bidder. Fleet Services, Inc. meets all required City contractual provisions including possession of a City business tax certificate, insurance certificates and corporate filing with the California Secretary of State.
Fleet Services, Inc. offers discount pricing off list price on their full line of products and is able to provide same day delivery on most of their products.
STRATEGIC PRIORITIES
160
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 total cost for this Purchase Order with Fleet Services, Inc. shall not exceed $750,000 through December 1, 2025.
Funding will begin in Fiscal Year 2022-23 and has been considered in the budget process. The following table shows the estimated spending plan for this Purchase Order. There are sufficient funds in the Fleet Services Fund (741) for Fiscal Year 2022-23. Subsequent fiscal year funding will be requested in the annual budget process.
Estimated Spending Plan with Fleet Services, Inc.
Account Number FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 TOTAL 741-7501-853.8121 $ 145,000 $ 250,000 $ 250,000 $ 105,000 $750,000
COMMITTEE OUTCOME
The Public Works and Transportation Committee approved 2-0 on October 25, 2022 to approve the staff recommendation and to forward the item for Council approval.
Prepared by: Jose Arreola, Fleet Services Manager, Brian Yanez, Assistant Public Works Director
ATTACHMENTS
1. Fleet Services, Inc. Price List
161
162
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.7
DATE: November 15, 2022
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: First Amendment to the Trade Services Agreement 9547-22-PW with Powers Bros. Machine, Inc., and a Second Amendment 9548-22-PW to the Trade Services Agreement with All-Safe Electric, Inc. for On- Call Pump and Motor Repair Services.
RECOMMENDATION
That the City Council approve and authorize the execution of the following amendments to the on-call pump and motor repair agreements for the Water and Wastewater Divisions:
1. A First Amendment to a Trade Services Agreement with Powers Bros. Machinery, Inc., to increase the not to exceed amount from $100,000 to $450,000 and to extend the term to February 29, 2024; and
2. A Second Amendment to a Trade Services Agreement with All-Safe Electric, Inc., to increase the not to exceed amount from $200,000 to $450,000 and to extend the term to February 29, 2024.
(Public Works and Transportation Committee approved 2-0.)
BACKGROUND
The Water and Wastewater Divisions own and operate a multitude of industrial pumps located throughout various treatment facilities and pump stations. For the Water Division, these pumps are responsible for conveying over 20 million gallons of potable water and approximately 1 million gallons of recycled water each day. For the Wastewater Division, these pumps are responsible for conveying approximately 16 million gallons of sewage from the Wastewater Collection System to the Wastewater Treatment Plant and throughout the facility for processing. These pumps are an essential component to the operation of both divisions and often require repair and maintenance services. As a result, two on-call pump and motor repair agreements were established as a resource for both Divisions to quickly address pump and pump motor maintenance needs.
DISCUSSION
On November 10, 2021, the Purchasing Department released Request for Proposal PW 22-52 for Pump and Motor repair services. The solicitation closed on December 9, 2021, where a total of three bids were received. An evaluation team consisting of Wastewater and Purchasing staff reviewed all proposals and determined Powers Bros. Machine, Inc. (Powers Bros.) and All-Safe Electric, Inc. (All-Safe) to be the most qualified based on the evaluation criteria in the request for proposal. Evaluation criteria consist of the proposer's ability, history, responsiveness to the proposal, technical competence, experience, references/past performance, and cost. On September 14, 2022, contract 9548-22-PW with All-Safe was amended to increase the not to exceed value from $100,000 to $200,000 to allow for additional work to be completed for the Wastewater Division.
Services provided by All-Safe are generally electrical and include motor inspection, troubleshooting, wire winding, 163
power cable repair, and circuit breaker repair. Services provided by Powers Bros include machining of pump components, pump shaft repair, and balancing. When services are needed, City staff uninstall, pull, and ship pumps over to All-Safe or Powers Bros for inspection and repair. Once services are completed, City staff inspect and reinstall the pumps.
Through their respective agreements, Powers Bros. and All-Safe have provided satisfactory and timely as-needed services to the Wastewater Division. The amendments to Agreements 9547-22-PW and 9548-22-PW will increase the not to exceed amounts to allow for continued service to the Wastewater Division through the contract term dates as well as allow these services to be extended to the Water Division. Moreover, the Water Division’s main source of pump repair recently closed their pump repair shop, which left the division unable to procure timely pump repairs. Through the extension of the two pump repair contracts, both the Water and Wastewater Divisions can confidently rely on timely, as- needed services to be rendered.
STRATEGIC PRIORITIES
This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.
FINANCIAL IMPACT
The cost for the First Amendment to Agreement 9547-22-PW with Powers Bros. Machinery, Inc. will increase the not to exceed amount from $100,000 to $450,000 and extend the term to February 29, 2024. The Second Amendment to Agreement 9548-22-PW with All-Safe Electric, Inc., will increase the not to exceed amount from $200,000 to $450,000 and extend the term to February 29, 2024.
These amendments will be funded using existing appropriations in the approved Fiscal Year 2022-23 Budget from the Wastewater Operating Fund 621 and Water Operating Fund 601. Subsequent fiscal year funding will be requested in the annual budget process.
Estimated Spending Plan with Powers Bros. Machine, Inc.
Division Through
FY 2022-23 FY 2023-24 TOTAL
Wastewater $150,000 $150,000 $300,000
Water $75,000 $50,000 $125,000
Recycled Water $15,000 $10,000 $25,000
TOTAL $240,000 $210,000 $450,000
Estimated Spending Plan with All-Safe Electric, Inc.
Division Through
FY 2022-23 FY 2023-24 TOTAL
Wastewater $175,000 $175,000 $350,000
Water $50,000 $25,000 $75,000
164
Recycled Water $15,000 $10,000 $25,000
TOTAL $240,000 $210,000 $450,000
COMMITTEE OUTCOME
The Public Works and Transportation Committee approved 2-0 on October 25, 2022 to approve the staff recommendation and to forward the item for Council approval.
Prepared by: Joseph Marcinko, Assistant Public Works Director
ATTACHMENTS
1. 9547-22-PW First Amendment
2. Agreement 9547-22-PW
3. 9548-22-PW Second Amendment
4. Agreement 9548-22-PW
5. 9548-22-PW - First Amendment
165
Agreement No. 9547-22-PW
FIRST AMENDMENT TO TRADE SERVICES AGREEMENT
This First Amendment (“First Amendment”) to the Trade Services Agreement (“Agreement”) is made and entered into in the County of Ventura, State of California, this ___________ day of __________, 2022, by and between the City of Oxnard, a municipal corporation (“City”), and Power Bros. Machine, Inc.(“Vendor”). This First Amendment amends the Agreement entered into on March 1, 2022, by City and Vendor.
City and Vendor agree as follows:
1. The amount in Section 6 of the Cover Page of the Agreement is hereby amended to “$450,000.”
2. Section 5 of the Cover Page of the Agreement is hereby amended to read “February 29, 2024.” The agreement renewal language in this section is deleted.
3. The reference to the Rates and Costs Exhibit everywhere it is listed both on the Cover Page and in the Agreement is hereby disincorporated and replaced with the Rates and Costs Exhibit September 2022. The Rates and Costs Exhibit September 2022 is attached hereto and incorporated herein by this reference. The Rates and Costs Exhibit September 2022 does not include the agreement renewal language present in the Rates and Cost Exhibit.
4. As so amended, the Agreement remains in full force and effect.
[Signatures on next page]
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Agreement No. 9547-22-PW
RATES AND COSTS EXHIBIT
SEPTEMBER 2022
ITEM
NO. DESCRIPTION UNIT Total
1 Pump Repair and
Maintenance Work
(general)
Hourly Rate
Monday-Friday
8:00am-5:00pm
$ 80 /HR
2 Pump Repair and
Maintenance Work
(machining)
Hourly Rate
Monday-Friday
8:00am-5:00pm
$ 85 /HR
3 Motor Repair and
Maintenance Work
(general)
Hourly Rate
Monday-Friday
8:00am-5:00pm
$ 80 /HR
4 Motor Repair and
Maintenance Work
(machining)
Hourly Rate
Monday-Friday
8:00am-5:00pm
$ 85 /HR
5 Material Markup 15 %
The cost of all labor, export of material, and other costs shall be included in the above Contract Unit Prices; no additional compensation will be granted for such expenses.
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ESTIMATED EXPENDITURES
DIVISION ACCOUNT# FY-23 FY-24
Wastewater 621.6205.842.8209 $125,000 $125,000
Water 601.6010.842.8209 $25,000 $25,000
AWFP 601.6012.842.8209 $25,000 $25,000
TOTAL $350,000
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SECO
ND AMENDMENT TO TRADE SERVICES AGREEMENT (V-01-17-19))
Agreement No. 9548-22-PW
SECOND AMENDMENT TO TRADE SERVICES AGREEMENT
This Second Amendment (“Second Amendment”) to the Trade Services Agreement (“Agreement”) is made and entered into in the County of Ventura, State of California, this ___________ day of __________, 2022, by and between the City of Oxnard, a municipal corporation (“City”), and All-Safe Electric, Inc. (“Vendor”). This Second Amendment amends the Agreement entered into on March 1, 2022, by City and Vendor. The Agreement previously has been amended on September 14, 2022, by a First Amendment.
City and Vendor agree as follows:
1. The a
mount in Section 6 of the Cover Page of the Agreement is hereby amended to “$450,000.”
2. Sec
tion 5 of the Cover Page of the Agreement is hereby amended to read “February 29, 2024.” The agreement renewal language in this section is deleted.
3. The r
eference to the Rates and Costs Exhibit everywhere it is listed both on the Cover Page and in the Agreement is hereby disincorporated and replaced with the Rates and Costs Exhibit September 2022. The Rates and Costs Exhibit September 2022 is attached hereto and incorporated herein by this reference. The Rates and Costs Exhibit September 2022 does not include the agreement renewal language present in the Rates and Cost Exhibit.
4. As s
o amended, the Agreement remains in full force and effect. [Si
gnatures on next page]
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Agreement No. 9548-22-PW
IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.
CITY OF OXNARD ALL-SAFE ELECTRIC, INC.
M John C. Zaragoza" Mayorl Date
I Alexander Nguyen, City Manager
I Jennifer Yates, Purchasing Manager
tr _, Buyer
ATTEST:
q-ii,z"L
Rose Chaparro, City Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:
Stephen M. Fischer, City Date
Attorney (always requ ired)
1 2
SECOND AMENDMENT TO TRADE SERVTCES ACREEMENT (V-0 t-17-1g) Manuel Presid entz Date
Evelyn
193
Agreement No. 9548-22-PW
RATES AND COSTS EXHIBIT
SEPTEMBER 2022
ITEM
NO. DESCRIPTION UNIT Total
1 Pump Repair and
Maintenance Work
(general)
Hourly Rate
Monday-Friday
8:00am-5:00pm
$ 80 /HR
2 Pump Repair and
Maintenance Work
(machining)
Hourly Rate
Monday-Friday
8:00am-5:00pm
$ 80 /HR
3 Motor Repair and
Maintenance Work
(general)
Hourly Rate
Monday-Friday
8:00am-5:00pm
$ 80 /HR
4 Motor Repair and
Maintenance Work
(machining)
Hourly Rate
Monday-Friday
8:00am-5:00pm
$ 80 /HR
5 Material Markup 15 %
The cost of all labor, export of material, and other costs shall be included in the above Contract Unit Prices; no additional compensation will be granted for such expenses.
194
ESTIMATED EXPENDITURES
DIVISION ACCOUNT# FY-23 FY-24
Wastewater 621.6205.842.8209 $75,000 $75,000
Water 601.6010.842.8209 $25,000 $25,000
AWFP 601.6012.842.8209 $25,000 $25,000
TOTAL $250,000
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Agreement No. 9548-22-PW
FIRST AMENDMENT TO TRADE SERVICES AGREEMENT
This First Amendment ("First Amendment") to the Trade Services Agreement ("Agreement") is made and entered into in the County of Ventura, State of California, this 14th day of September, 2022, by and between the City of Oxnard, a municipal corporation ("City"), and All-Safe Electric, Inc. ("Vendor"). This First Amendment amends the Agreement entered into on March 1, 2022, by City and Vendor.
City and Vendor agree as follows:
1. The "amount" in Section 6 of the Cover Page of the Agreement is hereby amended to "$200,000."
2. As so amended, the Agreement remains in full force and effect. [Signatures on next page]
FffiST AMENDMENT TO TRADE SERVICES AGREEMENT (V-01-17-19)) 218
Agreement No. 9548-22-PW
IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.
CITY OF OXNARD
1 /1/-z-01,z__
O Jo C. Zaragoza, Mayor I Date
52f' Alexander Nguyen, City Manager
□ Jennifer Yates, Purchasing Manager
D ____ _, Buyer
ATTEST:
N/A
Rose Chaparro, City Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:
Attorney (always required)
ALL-SAFE ELECTRIC, INC.
,)tut,-- /fee,lluvl
Evelyn Ballaret, Secretary
FIRST AMENDMENT TO TRADE SERVICES AGREEMENT (V-01-17-19) Date
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CITY COUNCIL AGENDA REPORT
REPORTS
AGENDA ITEM NO. M.1
DATE: November 15, 2022
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Approve Purchase Order with WEX Bank for the Fleet Fuel Card Program. (10 minutes)
RECOMMENDATION
That the City Council approve and authorize the Purchasing Agent to execute a Purchase Order with WEX Bank in an amount not to exceed $8,800,000 for a two-year term for Fuel Cards.
(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/ehJoyEIthSs
BACKGROUND
The Fleet Services Division of the Public Works Department performs maintenance and repairs on the City’s 946 fleet vehicles and equipment valued at over $51 million. Fleet is responsible for maintenance of vehicles as well as oversight of fuel and the fuel card program. Currently, the City purchases unleaded, diesel, and compressed natural gas (CNG) through WEX Bank fuel cards. The table below summarizes fuel usage by Division.
Division FY 2021-22 Fuel Purchased Percent
Env. Resources $1,613,669.32 53.24%
Police $644,286.71 21.26%
Fire $252,968.13 8.35%
Other $157,648.27 5.20%
Parks $152,565.10 5.03%
Water $125,160.63 4.13%
Streets $84,830.61 2.80%
Total $3,031,128.77 100%
DISCUSSION
On December 3, 2019, Council approved the WEX Government Fleet Card Program. The program allows for the purchase of unleaded, diesel and CNG fuels. Prior to WEX, the City was operating with two different vendors, Shell and Voyager, which offered a limited number of fueling stations. Converting to WEX fuel cards has increased operational 220
efficiency and administrative burdens by providing greater oversight of the fuel program as a whole and offering a web based client portal.
WEX Fleet Card is accepted at 95% of fueling stations nationwide. The following are some of the accepting fuel sites in Oxnard: Chevron, Circle K, Mobil, 76, Arco, Valero, Exxon, Seven Eleven, Shell, Sinclair and Texaco. The card is also accepted at the SoCalGas-Oxnard Base for purchasing CNG. The vast number of locations allows for staff to conveniently fuel vehicles, reducing travel time and miles. Fueling locally within City limits is encouraged to all WEX fuel card holders.
It is the City’s intent to continue the WEX Fleet Card Program through Sourcewell. Soucewell offers government agencies a cooperative purchasing program that provides competitively solicited cooperative contracts. Sourcewell awarded WEX Bank Contract No. 080620-WEX that expires September 7, 2024 for Fleet Payment Solutions with Related Services.
In addition to rebates and cost savings, the program offers better security and better accounting. The WEX Fleet Card offers a suite of control and alert tools that allows staff to know where, when, what, and how much is being spent as well as fuel grade, cost per gallon and sales tax for every purchase. Features include a pump shut off feature, type and amount control limits, real time alerts, and a number of standard and custom reports.
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 total cost for this Purchase Order shall not exceed $8,800,000 through September 7, 2024. In past years, fuel pricing has remained consistent; however, fuel prices increased approximately 37% in the third quarter of Fiscal Year 2021-22.
Fuel prices are anticipated to remain high for an undetermined length of time and could continue to increase. The funds requested for the purchase order include potential increases in fuel prices throughout the term of the purchase order.
Funding will begin in Fiscal Year 2022-23 and has been considered in the proposed budget. Subsequent fiscal year funding will be requested in the annual budget process. The estimated spending plan per year is as follows:
Account Number
FY 22-23
(Jan 1 - June 30, 2023)
FY23-24
(Full FY)
FY 24-25
(July 1 - Sep 7,2024)
741-7501-853.82-36 (Unleaded) $800,000 $2,320,000 $400,000 741-7501-853.82-37
(CNG) $200,000 $580,000 $100,000
741-7501-853.82-38
(Diesel) $1,000,000 $2,900,000 $500,000
Total $2,000,000 $5,800,000 $1,000,000
COMMITTEE OUTCOME
The Public Works and Transportation Committee approved 2-0 on October 25, 2022 to approve the staff recommendation and to forward the item for Council approval.
Prepared by: Jose Arreola, Fleet Services Manager, Brian Yanez, Assistant Public Works Director
ATTACHMENTS
1. Sourcewell WEX Contract
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2. Sourcewell RFP and Addendums
3. Sourcewell Comment and Review
4. Participating Entity Addendum
5. December 3, 2019 Staff Report
6. Presentation
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080620-WEX
Rev. 2/2020 1
Solicitation Number: RFP #080620
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 and WEX Bank, 7090 South Union Park Center, Suite 350, Midvale, UT 84047 (Vendor).
Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires September 7, 2024, unless it is cancelled sooner pursuant to Article 24. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor.
C. SURVIVAL OF TERMS. Articles 11, 12, 13, 15 and 16 survive the expiration or cancellation of this Contract
and Article 14 survives the expiration or cancellation of this Contract solely with respect to acts or omissions occurring during the Term of the Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. For any conflicts between the Proposal and the Contract, the Contract prevails. Additionally, may require Participating Entities to agree to the attached and incorporated Wex Universal – Terms and Conditions for Government Fleets. Vendor acknowledges that some of the additional terms and conditions may need to be negotiated by
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the Participating Entity since the Participating Entity may not be legally permitted to agree to all terms With the exception of those provisions cited in Article 19 of this Contract, and with the exception of Sourcewell accessing the products and services offered under this Contract for its own use, the Wex Universal – Terms and Conditions for Government Fleets are not applicable to the relationship between Vendor and Sourcewell and are not binding on Sourcewell.
All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.
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A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery.
Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.
B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must:
1. Identify the applicable Sourcewell contract number;
2. Clearly specify the requested change;
3. Provide sufficient detail to justify the requested change;
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4. Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and
5. Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Request Form will be become an amendment to this Contract and be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential members to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at government- owned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance,
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Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract.
Vendor’s acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order may be negotiated between a Participating Entity and Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.
C. INTENTIONALLY OMITTED.
D. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
E. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events:
A. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased; B. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements; or
C. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity.
F. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by Vendor and the Participating Entity making the purchase pursuant to Section 6.B.
7. CUSTOMER SERVICE
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A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).
The Report must contain the following fields:
x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address;
x Customer City;
x Customer State/Province;
x Customer Zip Code;
x Customer Contact Name;
x Customer Contact Email Address;
x Customer Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Vendor.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee.
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The Vendor will submit a check payable to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Sourcewell-assigned contract number in the memo and must be mailed to the address above “Attn: Accounts Receivable.” Payments must be received no later than 45 calendar days after the end of each calendar quarter.
Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing.
10. ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld.
B. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties.
C. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it.
D. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.
E. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.
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11. LIABILITY
Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from damages resulting directly from any claims or causes of action, including attorneys’ fees, arising directly out of Vendor’s negligence or willfull misconduct during the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. In no event will Vendor be liable for incidental, special, consequential, or punitive damages.
12. AUDITS
Sourcewell reserves the right to review the books, records, documents, and accounting procedures and practices of the Vendor relevant to this Contract for a minimum of 6 years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. No more than one audit per year will be performed by Sourcewell or any Participating Entity, and Vendor will receive a minimum of 45 days’ advance written notice of such an audit.
13. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract.
If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request.
14. INDEMNIFICATION
As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws. In no event will Vendor be liable for incidental, special, consequential, or punitive damages.
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15. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
A. Grant of License. During the term of this Contract:
A. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Vendor.
B. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor’s Trademarks in advertising and promotional materials for the purpose of marketing Vendor’s relationship with Sourcewell.
B. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article.
Each party will be responsible for any breach of this Article by any of their respective sublicensees.
C. Use; Quality Control.
1. Sourcewell must not alter Vendor’s Trademarks from the form provided by Vendor and must comply with Vendor’s removal requests as to specific uses of its trademarks or logos.
2. Vendor must not alter Sourcewell’s Trademarks from the form provided by Sourcewell and must comply with Sourcewell’s removal requests as to specific uses of its trademarks or logos.
3. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s Trademarks only in good faith and in a dignified manner consistent with such party’s use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.
4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
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C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract.
D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services.
16. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota.
17. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
18. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed.
19. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as outlined in the WEX Universal Terms and Conditions appended hereto.
B. DEFAULT AND REMEDIES. The WEX Universal Terms and Conditions appended hereto shall govern default and remedies available to the parties.
20. INSURANCE
A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:
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1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non- owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
5. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor’s security resulting in, but not limited to, computer
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attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Upon the renewal of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. All policies must include there will be no cancellation, suspension, non-renewal, or reduction of coverage without 30 days’ prior written notice to the Vendor.
Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds; but only to the extent an indemnity is owed pursuant to this Agreement.
D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
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E. UMBRELLA/EXCESS LIABILITY. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies).
21. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities.
22. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing.
Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
23. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Vendor’s Equipment, Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
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1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is
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hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures
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required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
24. CANCELLATION
Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal.
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Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.
Sourcewell WEX Bank
By: __________________________ By: __________________________ Jeremy Schwartz Tim Laukka
Title: Director of Operations &
Procurement/CPO
Title: President and CEO
Date: ________________________
Date: ________________________
Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
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Bid Number: RFP 080620 Vendor Name: WEX Bank
272
Bid Number: RFP 080620 Vendor Name: WEX Bank
Reports
• Begin/end of day
• Stop and drive time
• Engine operating performance data and statistics
• Fuel usage, MPG
• Fuel guard
• Safety violations
• Custom reporting options
PRIVATE SITE REPORTING
Private Site Reporting consolidates tracking of onsite and retail fuel transactions into one comprehensive report, allowing you to monitor private transactions for abuse
through purchase controls at the point of sale using your WEX card.
This program provides in-depth reporting of onsite fuel transactions at the vehicle level integrated with retail fuel purchases. The system is designed to exclude onsite fuel transactions from your invoice while providing consolidated comprehensive vehicle level paper and electronic reporting along with your retail transactions.
Once installed, your card readers will be required to retain reportable information so you don't have to.
Just like a retail transaction, the driver initiates the data capture by entering their Driver ID and odometer. Your card reader will provide the fuel type, gallons, PPG as
programmed in the card reader, and total sale. Upon
receipt, WEX integrates this key information into your fleet's usage reporting.
Exceptions to Terms, Conditions, or Specifications Form
Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text.
273
Bid Number: RFP 080620 Vendor Name: WEX Bank
Documents
Ensure your submission document(s) conforms to the following :
1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.
2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell.
3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.
4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." Financial Strength and Stability - 2019 Annual Report to Stockholders.pdf - Thursday July 30, 2020 10:17:17 Marketing Plan/Samples - Marketing Plan-Samples.zip - Thursday August 06, 2020 06:43:26 WMBE/MBE/SBE or Related Certificates (optional)
Warranty Information (optional)
Pricing - Pricing.zip - Thursday August 06, 2020 14:10:01 Additional Document - Additional Documents.zip - Thursday August 06, 2020 14:04:47
274
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Bid Number: RFP 080620 Vendor Name: WEX Bank
276
080620-WEX
Rev. 2/2020 19
Wex Universal – Terms and Conditions for Government Fleets
EX Bank, a federally-insured Utah industrial bank (“Issuer”), would like to provide and propose the following terms (the “Agreement”) to be included in any resulting contract between Issuer and your contracting agency or entity (“Customer”). The Agreement is specifically related to our product offering and banking regulations for issuing credit.
The definitions on Schedule A apply for purposes of this Agreement.
1. Use of Account.
The Account may be used to make purchases at merchants participating in the WEX network. Customer agrees that the Account and a Card may only be used for business purposes, and not for any agricultural or personal, family, or household purposes. Customer shall adopt and follow internal policies and controls to ensure that the Accounts and Cards are used strictly for business purposes. Purchases of lottery tickets or other games of chance, gift cards, pre- paid cards or other cash equivalent charges are prohibited.
2. Account Users.
2.1 Customer shall designate Account Users as well as those contacts authorized to: (a) provide Issuer with the information necessary to establish and maintain Account(s), Cards, and DINs; (b) provide vehicle, driver and other information; (c) receive all Account numbers, Cards or reports; (d) receive other Account information; and (e) select additional products and/or services that may be offered. Customer will provide notice of any change or removal of any contact or Account User either in writing, by telephoning Issuer’s customer service department or through Issuer’s online system. Issuer is authorized to take instruction from any Account User or contact with apparent authority to act on Customer’s behalf. Unless Customer reports any errors in Account information or Cards, Issuer is entitled to rely on that information for servicing the Account. Customer shall ensure that each Account User complies with the terms and conditions of this Agreement. Customer is liable for any employee misuse of Cards.
2.2 Customer is responsible for notifying Issuer of any revocation of authority of an Account User to use a Card or the Account. An Account User shall be deemed to have authority to use a Card and the Account until Issuer receives notice of revocation of authority from Customer in the manner required by Issuer and Issuer has a reasonable time to act on the notice, notwithstanding whether any such use is consistent with any limitations on use imposed on an Account User by Issuer.
2.3 Customer assumes all risk if Customer chooses to leave a Card at an accepting location for use by its drivers or Account Users and, as such, agrees to pay for all charges made with that Card or on that Account. Customer agrees to keep DINs confidential and ensure that its employees or Account Users do not disclose any DIN. Customer is liable for any Unauthorized Use that results if an Account User or other employee discloses a DIN or writes a DIN on a Card, even if the disclosure is inadvertent or unintentional. Customer shall not provide actual, implied or apparent authority to any Person to use a Card or the Account except for an Account User.
3. Credit Limit and Authorizations.
3.1 Issuer will notify Customer of the Credit Limit assigned to the Account. Customer shall ensure that the balance of the Account does not exceed the assigned Credit Limit. Issuer may change the Credit Limit in its sole discretion without prior notice, except as may be require d by applicable law. Issuer may, but is not required to, permit Customer to exceed its Credit Limit. Customer must comply with the Credit Limit even if Issuer has previously permitted Customer to exceed the Credit Limit. Customer shall, immediately upon request, pay the amount over the Credit Limit.
3.2 Issuer has sole discretion to determine whether to establish an Account and extend credit to Customer. Issuer may suspend an Ac count or refuse to authorize any Transaction in its sole discretion for any reason, including in the event that: (a) any balance is past due; or (b) the amount of the Transaction plus the outstanding balance (including Transactions authorized but not yet posted) exceeds the Credit Limit.
4. Controls.
4.1 Customer may request that Controls be applied to the Account. The availability and effectiveness of Controls is depe ndent upon each merchant’s adoption of Card specifications and the information, including product codes that the merchant transmits to Issuer. The product codes are assigned by each merchant and not by Issuer. In addition, some Controls are not enforceable at island card readers due to equipment restrictions at the merchant location.
There are inherent limitations on the ability of Controls to limit the use of Cards in the manner intended.
4.2 Issuer may, in its sole discretion and without prior notice, modify Controls for the purpose of, among others, the prevention o f suspected fraudulent activity. Issuer may apply default Controls on its portfolio of accounts. Issuer will use reasonable efforts to notify Customer after any modification to a Control setting is made. Customer shall review and manage the account set- up for all Cards based on Customer’s specific purchasing needs. Customer agrees it is responsible for reviewing fraud control data provided by Issuer for the purpose of detecting fraud that may occur within Control parameters.
4.3 Default Control values are modified through the online product. More detailed information and certain limitations regarding Con trols is provided online. Only Transactions submitted for authorization are subject to Controls and those Controls can only be enforced when the merchant provides sufficient information as part of the authorization.
4.4 Controls are provided for the convenience of Customer in its efforts to manage usage of Cards and the Account. Issuer encourage s Customer to set Controls in a manner that Customer determines is most likely to conform usage of Cards and the Account to the purposes determin ed by Customer.
However, Issuer is not responsible for the prudence of any particular Control level selected by Customer. Customer shall be lia ble for all Transactions, regardless of Control settings selected by Customer or the effectiveness of the Controls, except as expressly provided in this Agreement or under applicable law.
5. Billing and Payments.
5.1 [Customer shall make payment in accordance with, and within the time specified in, any specific prompt payment laws to which Customer is subject.] Issuer will provide Customer with a billing statement for each Billing Cycle in which the Account has activity. Customer agrees to pay Issuer in full on or before the relevant cutoff time on or before the Due Date.
5.2 Customer will pay Issuer for all credit extended under the Account, as well as any fees and charges, as provided in this Agreement. Customer is liable for all Transactions on the Account to the fullest extent permitted by applicable law, except as expressly provided in this Agreement. Customer may pay the entire balance of the Account or a portion of it, at any time prior to its Due Date without penalty.
5.3 All payments must be made in United States dollars, using checks or similar payment instruments drawn on financial institutions in the United States or by payment through the Automated Clearing House network in accordance with Issuer’s requirements.
5.4 Payments made via paper check are posted to the Account after processing and must arrive at Issuer at least two Business Days before the Due Date
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on the billing statement. It can take up to two Business Days to process a check from the time the envelope containing a check arrives at Issuer’s facility to posting of the check amount to the Account.
5.5 For payments not made by paper check, payments on a Business Day before the cut-off time in this Section 5.5 (the “Cut-off Time”) will be posted on that Business Day. Payments after the Cut-off Time on a Business Day, or on a day other than a Business Day, will be posted on the following Business Day. The Cut-off Times for payments not made by check are as follows: a payment transaction made via Issuer’s online payment portal must be completed by 3:00 p.m. ET; a payment transaction made via IVR must be completed by 3:00 p.m. ET; and a payment transaction made via ACH must arrive to Issuer by 3:00 p.m. ET.
5.6 Regardless of payment method, Customer must ensure that Custom er’s account number is provided with the payment. Failure to do so will cause processing delays in posting the payment to the Account. Payments that are received at locations other than the address specified on the billing statement, or that do not otherwise comply with instructions on the billing statement or the Agreement, may be delayed in posting.
5.7 Payments will be applied first to fees and then to other amounts owing on the Account. Issuer, in its sole discretion, may dete rmine when to restore available credit in the Credit Limit after crediting a payment to an Account.
6. Reports.
Issuer provides Transaction data for the Account to the Customer as transmitted by merchants. Customer is responsible for recon ciling that data. Issuer will report the data received from merchants and as such is not liable for the accuracy or completeness of the data received, p osted, or contained in any specialty reports, management reports, data services, or other information services provided. In addition, Customer understands that in the event an error is identified in a report, such as an incorrect product code, Customer is still liable for the Transaction, but may follow the dispute process as described in this Agreement.
7. Late Fees.
7.1 Late fees to be applied and paid in accordance with any specific prompt payment laws to which Customer is subject.
8. Other Fees.
In addition to Late Fees, Customer agrees to pay the additional fees in the amounts and as described on the Fee Schedule.
9. Disputed Amounts.
9.1 Customer shall use its best efforts to resolve any disputes regarding Transactions directly with the relevant merchant, including any dispute related to the quality of goods or services that are purchased in a Transaction or any warranty received in connection with a Transaction.
9.2 All billed charges must be paid in full regardless of reported disputes. Charges must be disputed in writing within sixty (60) days from the billing date or they will be final and binding. Customer may dispute an amount reflected on a billing statement if: (a) the amount does not reflect the face value of the Transaction; (b) the amount being disputed is a fee that is not properly accrued under this Agreement; or (c) Customer does not believe it is liable for that amount.
9.3 Transactions made at an island card reader where Customer or Account User did not obtain a receipt at the time of sale are eligible for dispute. However, the receipt may provide the only opposing record to the Transaction information submitted by the merchant. In addition, island card reader Transactions require both a valid Card and DIN to be authorized and often disputes regarding such transaction are the result of an Account User failing to comply with limits on Card usage imposed by Customer, which does not constitute Unauthorized Use or relieve Customer from liability for the Transaction.
9.4 Certain Transactions in dispute may qualify for charge back to the merchant. Issuer will use reasonable efforts to charge the T ransaction back to the merchant in accordance with Issuer’s procedures under its merchant acceptance agreement with the merchant. Any charge back paid by the merchan t to Issuer will be credited to the relevant Account. Customer may be liable for the Transaction if the disputed item cannot be charged back to the merchant.
10. Unauthorized Use.
10.1 If Customer or an Account User knows of or suspects the loss or theft of a Card or Account or possible Unauthorized Use, or if Customer would like to terminate authority of an Account User to use a Card or Account, Customer will notify Issuer by immediately calling 1-866-544-5796. Customer shall adopt and maintain reasonable security precautions and controls to prevent Unauthorized Use.
10.2 Except as provided in Section 10.3, Customer will be liable to Issuer for all Unauthorized Use of a Card or Account: (a) that occurs before Customer provides Issuer with notice that a Card is lost or stolen or other possible Unauthorized Use of an Account provided in Section 10.1 of this Agreement; or (b) Issuer determines that such Unauthorized Use would have been prevented by Customer adopting and following reasonable security p recautions and controls surrounding the Cards or Accounts as described in Sections 1, 4 and 10.1 of this Agreement. A failure by an Account Us er to comply with Customer’s internal policy regarding use of an Account or Card does not, by itself, result in Unauthorized Use of an Account or Card.
10.3 If Issuer has provided Customer with fewer than ten (10) Cards to access the Account, Customer’s liability for Unauthorized Use of a Card will be limited to the lesser of fifty dollars ($50) or the amount of money, property, labor or services obtained by the Unauthorized U se of the Card before notification is provided to Issuer of a lost or stolen Card or potential Unauthorized Use of a Card. The limitation on liability for Unauthorized Use of a Card as described in this Section 10.3 shall apply irrespective of any other provision of this Agreement and this Section 10.3 shall control in the event of any inconsistency between this Section 10.3 and any other provision of this Agreement.
10.4 Customer will use reasonable efforts to recover a Card from any Person whose authority to use Customer’s Account has terminat ed or from any unauthorized individual with possession of or access to a Card. Customer will give Issuer and any law enforcement authority rea sonable assistance with any investigation and prosecution with respect to Unauthorized Use, including without limitation, obtaining an affidavit or similar written, signed statement from the applicable Account User.
11. Representations by Customer.
Customer represents and warrants to Issuer that: (a) this Agreement constitutes the legal, valid, binding, and enforceable agreement of Customer; and (b) that Customer’s execution and performance of this Agreement (i) does not constitute a breach of any agreement between Customer and a Person other than Issuer, or of any duty arising in law or equity, (ii) does not violate any law, rule or regulation applicable to Customer, and (iii) if Customer is an organization, is within the organizational powers of Customer and has been authorized by all necessary organizational action of Customer.
A. Other Obligations of Customer.
A.1 Customer shall provide information requested by Issuer for purposes of Issuer’s compliance with federal law related to customer identification and verification, including, but not limited to, name, address, date of birth, and other application information to identify the Customer and/or Account Users.
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A.2 Issuer may investigate the financial condition of Customer and its subsidiaries and affiliates at any time. If requested, Custo mer agrees to furnish Issuer copies of its official and finalized financial statements or other applicable financial information no later than one hu ndred twenty (120) days following the end of each of its fiscal years. The financial statements shall have been prepared, consistently year-over- year and shall be in accordance with the books and records of Customer. Any financial information submitted shall be kept confidential by Issuer in accordance with Section 20.
A.3 Customer agrees to provide written notice (a) in advance of any change to its legal name or in the ownership of Customer, (b) in advance of any change in the organizational structure of Customer, including any merger or reorganization, or sale of substantially all of Customer’s assets, (c) immediately if Customer becomes insolvent or the subject of bankruptcy or insolvency proceedings, or (d) immediately after any appointment of a receiver or trustee for the benefit of creditors of Customer.
B. Amendment.
Customer agrees that Issuer may change the rates, charges, and other terms of this Agreement, including the Fee Schedule, as well as introduce new terms and fees to the fullest extent permitted under applicable law. Issuer will provide Customer with any notice of such change as required by applicable law.
Any change in the terms and conditions of the Account may be applied to the outstanding balance on the Account to the extent pe rmitted by applicable law.
14. Term and Termination.
14.1 This Agreement is effective when a Card is issued to Customer or Issuer opens an Account for Customer and shall remain in effect until terminated by a Party. Customer and Issuer each shall have the right to terminate this Agreement for any reason. Issuer’s right to terminate this Agreement pursuant to this Section 14.1 are in addition to Issuer’s termination rights under Section 15 if Customer is in Default and under Section 14.5 in connection with the termination or modification of products or services.
14.2 Customer shall exercise its termination right under Section 14.1 by providing written notice to Issuer. Issuer shall have a reasonable amount of time to terminate the Account after receiving a notice of termination from Customer. Issuer shall provide Customer with any notice required by applicable law in connection with the exercise of its termination right under Section 14.1.
14.3 Customer shall not use a Card or the Account to make a purchase after termination of this Agreement. Customer shall return to I ssuer, or provide verification of the destruction of, all Account numbers or Cards. Customer may retain a copy of any records or Account information for archival or data retention purposes.
14.4 The terms and conditions of this Agreement shall continue to apply until all amounts owing with respect to the Account are paid in full and Customer has performed all of its obligations under this Agreement. As a result, after termination, Customer remains obligated to pay for all amounts owing on an Account and charged under this Agreement after termination. Section 19 (Arbitration), Section 20 (Confidentiality) and Section 21 (Program Information) shall survive indefinitely.
14.5 Issuer may, for any reason, elect to terminate or modify any product or service described in this Agreement, or provided in con nection with the Account in which Customer or an Account User has enrolled, upon such notice (if any) as may be required by applicable law.
15. Default by Customer.
15.1 Customer will be in “Default” under this Agreement if: (a) Customer fails to perform any obligation under this Agreement; (b) a representation or warranty by Customer in connection with this Agreement was incorrect or misleading when made; (c) any petition in bankruptcy, insolvency, receivership, or reorganization or proceeding pursuant to any other debtor relief law is filed by or against Customer; (d) any order is entered appointing a receiver, custodian, trustee, liquidator, or any other person with similar authority over the assets of Customer; (e) there is an insolvency, dissolution, reorganization, or assignment for the benefit of creditors with respect to Customer, or any other material adverse change in the financial cond ition of Customer; (f) any adverse judgment, order or award is entered against Customer that has a material adverse impact on the financial condition of Customer or a detrimental effect on the ability of Customer to perform its obligations under this Agreement; (g) Customer is in default under any other agreement between Customer and Issuer or its affiliates; or (h) any event described in Section 15.1(a) through (g) occurs with respect to any Guarantor or any Guarantor repudiates or otherwise defaults in its obligations under a guaranty.
15.2 If Customer is in Default: (a) Customer will not have any further right to borrow under this Agreement; (b) Issuer may declare all outstanding amounts under the Account to be immediately due and payable; (c) Issuer may terminate this Agreement; and (d) Issuer will have the right to bring suit and exercise all rights and remedies available under applicable law. In addition, if Customer is in Default, Issuer may, in its sole discretion, suspend all services and obligations, shorten the billing cycle, and change the payment terms. A suspension of services or obligations will not be deemed a waiver of any right to terminate this Agreement, whether as a result of the Default to which such suspension of services or obligations relates or otherwise. Customer agrees to pay any and all costs (including reasonable attorneys’ fees) incurred by Issuer in enforcing Customer’s obligations under this Agreement.
16. Foreign Transactions.
16.1 Cards are issued for use by Customer’s operations based in the United States, but may be used in Canada. Customer may not distribute a Card to a Person based in a country other than the United States. If a Card is used in any country other than the United States, Customer will: (a) be billed in U.S.
Dollars; (b) receive reporting in English; and (c) pay the currency conversion fee as reflected in the Fee Schedule (unless such fee is waived).
16.2 Issuer will convert any Transaction made in a foreign currency into a U.S. Dollar amount before the Transaction is posted to th e Account. The exchange rate between the Transaction currency (the foreign currency) and the billing currency (U.S. Dollars) used for processi ng an international Transaction is a rate selected by Issuer using rates available in wholesale currency markets for the date that the Transaction is posted by Issuer, which rate may vary from the rate Issuer itself receives, or the government mandated rate in effect at that time. The conversion rate used on the posting date may differ from the rate applicable on the date of the Transaction.
17. Limitations on Liability.
Issuer shall not be liable for any loss sustained by Customer or any other Person resulting from any act or omission by Issuer or any other Person, whether with respect to the exercise or enforcement of its rights or remedies under this Agreement or otherwise, unless the loss is caused by Issuer’s gross negligence or willful misconduct. Issuer’s liability shall be limited to actual damages incurred by Customer as a direct result of Issuer’ s gross negligence or willful misconduct. Issuer’s liability for actual damages shall not exceed the sum of: (a) all fees paid by Customer to Issuer under this Agreement in the twelve (12) month period prior to the date when any claim is made against Issuer; plus (b) all other revenue earned by Issuer for all of Customer’s Transactions made in the twelve (12) months prior to the date of any claim made against Issuer. In no event will Issuer be liable for incidental, special, consequential or punitive damages and Customer expressly and unconditionally waives any right to such damages. Except as otherwise required under applicable law, Issuer
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makes no warranty with respect to goods, products, merchantability, or services purchased with a Card or the Account, or throug h Issuer. Issuer is not responsible for any failure of a merchant to accept the Account or a Card.
17.1 Issuer is not liable to Customer for any loss, liability or damages that Customer suffers as a result of, related to, or in any way are connected with any fraud control or purchase restriction measures Issuer elects to implement from time to time, unless such loss, liability or damage is a direct result of Issuer’s gross negligence or willful misconduct.
18. Waivers.
18.1 THE PARTIES AGREE VOLUNTARILY, INTENTIONALLYAND IRREVOCABLY TO WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY PROCEEDING INSTITUTED IN ANY COURT, ARISING OUT OF THIS AGREEMENT.
18.2 Customer waives personal service of process in connection with any action or proceeding commenced by Issuer in connection with this Agreement, and agrees that service may be made by certified mail to the last known address in Issuer’s records.
19. ARBITRATION.
PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY.
19.1 This section provides that disputes may be resolved by binding arbitration. Arbitration replaces the right to go to court, have a jury trial or initiate or participate in a class action. In arbitration, disputes are resolved by an arbitrator, not a judge or jury. Arbitration procedures are simpler and more limited than in court. This arbitration provision is governed by the Federal Arbitration Act (“FAA”), and shall be interpreted in the broadest way the law will allow.
19.2 Covered Claims. (a) Customer or Issuer may arbitrate any claim, dispute or controversy between Customer and Issuer arising out of or related to this Account, any previous related Account, the relationship between Customer and Issuer, or any other product or service provi ded by or through Issuer (called “Claims”). In this Arbitration provision, the term “Issuer” includes any of Issuer’s affiliates that provide or are involved in providing any products or services to Customer and the term “Customer” includes any Guarantor. Claims include disputes relating to incentives or benefits relating to the Account.
A Person who asserts a Claim, or against whom a Claim may be asserted, that is subject to this Arbitration provision may be r eferred to as a “Covered Person.” (b) If arbitration is chosen by a Covered Person, then no Covered Person will have the right to litigate that Claim in court or have a jury trial on that Claim. (c) Except as stated below, all Claims are subject to arbitration, no matter the legal theory on which they are based on or the remedy (damages, or injunctive or declaratory relief) they seek, including Claims based on contract, tort (including intentional tort), fraud, agency, any Person’s negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; Claims made regarding past, present or future conduct; and Claims made independently or with other Claims. This also includes Claims made by or against any Person connected with Customer or Issuer, or by a Person making a Claim through Customer or Issuer, such as an Account User , employee, agent, representative or an affiliated/parent/subsidiary company.
19.3 Arbitration Limits. (a) Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court. (b) Claims brought as part of a class action, private attorney general or other representative action can be arbitrated only on an individual basis. The arbitrator has no authority to arbitrate any claim on a class or representative basis and may award relief only on an individual basis. If arbitration is chosen by any Covered Person, the Covered Person asserting the Claim may not pursue the Claim as part of a class action or other repre sentative action. Claims of two (2) or more Persons may not be combined in the same arbitration. However, applicants, Account Users on a single Account and/or related Accounts or corporate affiliates are considered as one Person for these purposes.
19.4 How Arbitration Works. (a) Arbitration shall be conducted by the American Arbitration Association (“AAA”) according to this arbitration provision and the applicable AAA arbitration rules in effect when the claim is filed (“AAA Rules”), except where those rules conflict with this arbitration provision. The AAA Rules may be obtained at the AAA’s website (www.adr.org) or by calling 800-778-7879. A Covered Person may choose to have a hearing, appear at any hearing by phone or other electronic means, and/or be represented by counsel. Any in-person hearing will be held in the same city as the U.S. District Court closest to Customer’s billing address. (b) If the AAA is not available to conduct the arbitration, then a Covered Person may petition a court of appropriate jurisdiction to designate an appropriate arbitrator. (c) Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun or a final judgment entered. A Covered Person does not waive the right to arbitrate by filing or serving a complaint, answer, counterclaim, motion or discovery in a court lawsuit. To choose arbitration, a Covered Person may file a motion to compel arbitration in a pending matter and/or commence arbitration by submitting the required AAA forms and requisite filing fees to the AAA. (d) The arbitration shall be conducted by a single arbitrator in accord with this arbitration provision and the AAA Rules, which may limit discovery. The arbitrator shal l not apply any federal or state rules of civil procedure for discovery, but the arbitrator shall honor claims of privilege recognized at law and shall ta ke reasonable steps to protect Account information and other confidential information of a Covered Person if requested to do so. The arbitrator shall apply ap plicable substantive law consistent with the FAA and applicable statute of limitations, and may award damages or other relief under applicable law. (e) The arbitrator shall make any award in writing and, if requested by a Covered Person, shall provide a brief statement of the reasons for the award. An arbitration award shall decide the rights and obligations only of the Persons named in the arbitration, and shall not have any bearing on any other Person or dispute.
19.5 Paying for Arbitration. Arbitration fees will be allocated according to the applicable AAA Rules. All Persons are responsible for their own attorney’s fees, expert fees and any other expenses, unless the arbitrator awards such fees or expenses to a Person based on applicable law.
19.6 The Final Award. (a) Any award by an arbitrator is final unless a Covered Person appeals it in writing to the AAA within thirty (30) days of notice of the award. The arbitration appeal shall be determined by a panel of three (3) arbitrators. The panel will consider all facts and legal issues anew based on the same evidence presented in the prior arbitration, and will make decisions based on a majority vote. Arbitration fees for the arbitration appeal shall be allocated according to the applicable AAA Rules. An award by a panel on appeal is final. A final award is subject to judicia l review as provided by applicable law. (b) A final award may be entered in any court of appropriate jurisdiction.
19.7 If any part of this arbitration provision is deemed invalid or unenforceable, the other terms shall remain in force, except that there can be no arbitration of a class or representative Claim. This arbitration provision may not be amended, severed or waived, except as provided in this Agreement or in a written agreement between Customer and Issuer.
20. Confidentiality.
All information furnished by either Party or by any affiliate of Issuer in connection with this Agreement will be kept confidential (and will be used by the other Party only in connection with this Agreement), except to the extent that the information: (a) is already lawfully known when received; (b) becomes lawfully obtainable from other sources; (c) is required to be disclosed in any document filed with the Securities and Exchange Commission, the Federal Deposit Insurance Corporation, or any other agency of any government; (d) is disclosed by Issuer to its financial services regulators; (e) is used or disclosed as provided in this Agreement or with the consent of the Person whose information is being used or disclosed; or (f) is required by law to be disclosed, provided that notice of the disclosure has been given (when legally permissible) by the Party proposing to make such disclosure , which notice, when practicable, shall be given sufficiently in advance of the proposed disclosure to permit the other Party to take legal action to prevent the disclosure. Nothing
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in this section or this Agreement prohibits Issuer from providing any information to its affiliates or third-party servicers re lated to the operation and maintenance of the business of Issuer and its affiliates, and Customer expressly agrees to these disclosures and use of informa tion, provided that such affiliates and third-party servicers agree to maintain the information confidentially and not disclose it to any other parties without Issuer’s authorization.
21. Program Information.
Transaction information related to the Account may be provided to merchants who accept the Card as payment for goods and servic es. Issuer and its affiliates may use and disclose information obtained by Issuer in operating its card programs, including Transaction informatio n and/or identifiable information of the Customer (collectively, “Program Information”) for the purpose of operating Issuer’s and its affiliates’ business, delivering, improving, and customizing their respective services, sending communications related to their respective business, and for other legitimat e purposes permitted by applicable law. Without limiting the foregoing, Issuer may provide Program Information to its affiliates and third parties which provide goods or services to commercial enterprises and Customer understands that Issuer, its affiliates, including but not limited to WEX Inc., and thir d parties may contact Customer to offer additional products or services including, for example, discount networks for certain non-fuel merchant purch ases and telematics products designed to assist customers with vehicle tracking and management. If Customer chooses to enroll in any such product o r service offered by Issuer, its affiliates or a third party, Customer may be required to complete additional enrollment forms or agreements, and/or agree to additional terms and conditions (which may include fees for use) with respect to such products or services. For more information on Issuer’s p rivacy policy, please visit the website at: https://www.wexinc.com/privacy-policy/. Issuer and its affiliates may use and disclose Program Information that is not identifiable to Customer in industry analytics and other data services or products provided to third parties. Program Information shall be subj ect to this Section 21 (Program Information) and not Section 20 (Confidentiality).
22. Assignment.
Customer may not assign this Agreement or any interest, rights or obligations under this Agreement, without Issuer’s prior written consent. Issuer may, in its sole discretion, assign this Agreement and any of its obligations, transfer any right, or delegate any duty of performance under this Agreement without further notice. The Person to whom Issuer makes any assignment is entitled to all of Issuer’s rights under this Agreement, to the extent that those rights were assigned.
23. Miscellaneous.
23.1 Customer may purchase dyed special fuel using its Account or Cards. Customer acknowledges that all dyed special fuel purchases will be used exclusively for off- road purposes and according to all applicable laws governing its use. Issuer is not liable in any way for any misuse or mishandling by Customer of any dyed special fuel. Upon request from applicab le governmental authorities, Issuer may provide information regarding Customer’s dyed special fuel purchases without prior authorization from Customer.
23.2 Issuer may monitor telephone communications between its employees and its customers for service quality purposes. Customer cons ents to such monitoring and recording of telephone communications and agrees to notify employees who may be in telephone contact with Issuer’s representatives that periodic monitoring of conversations will occur.
23.3 Issuer’s compliance with this Agreement shall be excused to the extent that any failure or delay in performance by Issuer is attributable, in whole or in part, to causes or circumstances beyond Issuer’s reasonable control including, but not limited to, acts of God; civil disturbance; war; acts of government; natural disasters; labor disputes and computer or telecommunication failures.
23.4 This Agreement and any and all claims relating to or arising out of this Agreement, whether sounding in contract, tort, or othe rwise, in each case, shall be governed by federal law and, to the extent that state law applies, the laws of the State of Utah.
23.5 If either Party is notified by a state or federal regulatory body that any aspect of the services provided by Issuer or this Agreement does not comply with any applicable law, regulation, rule, policy, or order, then the affected Party shall give the other Party prompt written notice of the non-compliance.
Following notice, the affected obligations will be suspended and the failure to perform those obligations will not be deemed a breach of or Default under this Agreement so long as the affected Party is unable to perform due to the notice given by the state or federal regulatory body.
23.6 Nothing contained in this Agreement, or the performance by a Party of its obligations under this Agreement, shall result in the Parties having a partnership, co-venture or agency relationship, except to the extent that a Party is expressly designated to act as an agent of the other Party, or render a Party responsible for the debts, liabilities or obligations of the other Party.
23.7 No delay or omission by Issuer to exercise any right under the Agreement shall impair such right or be construed to be a waiver of any default. The authorization of Transactions shall not constitute any waiver, including of Issuer’s rights with respect to such Transaction. Any single or partial exercise of any such right by Issuer shall not preclude other or further exercise thereof or the exercise of any other right. No waiver, amendment, or other variation of the terms, conditions, or provisions of the Agreement shall be binding on Issuer unless in writing, and then only to the extent set forth in such writing.
23.8 No Person other than a Party to this Agreement shall have any right to enforce the terms and conditions of this Agreement. No Person, including an Account User, will be a third party beneficiary of this Agreement.
23.9 Except as otherwise provided in this Agreement, all notices will be in writing and deemed effective when personally delivered or mailed, first class postage prepaid to the appropriate Party at the address set forth in the application for credit or at such other address as the Parties may indicate from time to time. In addition to the notice methods provided above, the Parties agree that a communication: (a) by facsimile to a number identified by the recipient as appropriate for communication under this Agreement; or (b) by email to or from an address normally used by an Account User for business communications, shall be considered to be a “writing” and to be “signed” by the Party transmitting it for all purposes. The Parties agree to waive any claim that a transmission does not satisfy any writing or signature requirements under applicable law. The Parties agree that a photo copy or printed copy of a facsimile or email constitutes the “best evidence” and an “original” of such a writing.
23.10 If any portion of this Agreement is held to be invalid, the remaining portions shall remain in full force and effect and shall continue to be binding upon the parties (except as specifically provided in Section 19 (Arbitration)).
23.11 This Agreement, any notices in connection with this Agreement, and any guaranty of Customer’s obligations under this Agreement constitutes the entire agreement among the Parties and supersedes all prior agreements, understandings, and arrangements, oral or written, among the Parties with respect to the subject matter hereof.
Schedule A
Definitions
“Account” means the charge card account provided to Customer by Issuer. An Account may be accessed by a Card or an account number.
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“Account User” means Customer or any other Person that Customer has notified Issuer is authorized to use the Account or a Card in accordance with the requirements and procedures established by Issuer from time to time. “Billing Cycle” means the time interval between the dates of Customer’s regular billing statements. Customer’s first Billing Cycle may be shorter than other Billing Cycles. All credit terms will apply in each Billing Cycle including the first Billing Cycle. “Business Day” means any day other than a Saturday, Sunday, or other day on which banking institutions in Utah are generally authorized or required by law or executive order to close.
“Card” means a plastic card provided by Issuer that may be used to access an Account. “Controls” are a set of authorization tools designed to assist Customer with managing Transactions. “Credit Limit” is the amount of credit assigned to Customer’s Account as established by Issuer from time to time. “DIN” means the identification number associated with an Account User or Card. “Due Date” means the date the repayment of the balance of the Account is due as provided on a billing statement. “Fee Schedule” means the List of Fees included as Schedule B. “Guarantor” means any Person who guarantees the obligations of Customer under this Agreement. “Party” means Bank or Customer and “Parties” means Issuer and Customer. “Person” means an individual, corporation, partnershi p, limited liability company, trust or other organization.
“Transaction” means the use of a Card or Account to buy goods or services at a merchant that accepts the Card or Account. “Unauthorized Use” means the use of the Account or a Card by a Person who does not have actual, implied or apparent authority for such use, and from which the Customer receives no benefit.
Schedule B
List of Fees
Set Up Fee WAIVED
Monthly Card Fee WAIVED
Replacement Card Fee WAIVED
International Currency Conversion Fee 2% of the total transaction value Reproduced Reports $25.00 per request
General Research Fee $15.00 per hour
Expedited Shipping Fee Cost varies
Returned Payment Fee $50.00 per occurrence
Reactivation Fee $50.00 per occurrence (max monthly fee of 50.00) Truck Stop Fee Up to $3.00 per card swipe at a diesel pump* Paper Delivery Fee $10.00 per month for paper invoicing and reporting
Pricing for additional products and services is available upon request or reflected on the enrollment forms or in the terms of use that Customer must agree to in order to receive the additional products and services.
Call 1-866-544-5796 with questions about any of the above.
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Fleet Payment Solutions with Related Services