MINUTES
OXNARD CITY COUNCIL
Regular Meeting
December 20, 2022
A. ROLL CALL, POSTING OF AGENDA
At 4:31 p.m., Mayor John C. Zaragoza called to order the regular meeting of the Oxnard City Council, in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California. The City Clerk called the roll and announced the posting of the agenda. Councilmembers Gabriela Basua, Oscar Madrigal, Bert E. Perello, Gabriel (Gabe) Teran, Mayor Pro Tem Bryan A. MacDonald, and Mayor John C. Zaragoza were present.
Councilmember Gabriela Basua joined the meeting at 4:37 p.m.
Staff members present in person were Alexander Nguyen, City Manager; Stephen M. Fischer, City Attorney; Ken Rozell, Chief Assistant City Attorney; Jason Benites, Police Chief; Denise Shadinger, Assistant Chief of Police; Alexander Hamilton, Fire Chief; Michael Wolfe, Public Works Director; Joseph Marcinko, Assistant Public Works Director; Steve Howlett, Assistant Public Works Director; Tatiana Arnaout, City Engineer; Betsy George, Chief Financial Officer; Steve Naveau, Human Resources Director; Emilio Ramirez, Housing Director; Elsa Brown, Affordable Housing Manager; Eden Alomeri, Revenue & Licensing Director & Assistant City Treasurer; and Rose Chaparro, City Clerk.
Staff member Brian Yanez., Assistant Public Works Director participated via videoconference.
Sudhir Pardiwala, Executive Vice President; Cleo Koenig, Associate Consultant; Steve Gagnon, Senior Manager; and Gina De Pinto, Manager consultants with Raftelis Financial Consultants, Inc.; as well as Christian Sprunger, Assistant Vice President at NHA Advisors also participated via videoconference.
THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS (None received.) C. CLOSED SESSION (4:30 PM)
1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Government Code Section 54956.9(d)(1))
Name of case: Moving Oxnard Forward, Inc.; et al. v. City of Oxnard Ventura County Superior Court Case No. 56-2021-00557585-CU-WM-VTA Legislative Body: City Council
At 4:33 p.m., the City Council recessed to a closed session. At 5:10 p.m., the City Council reconvened in open session in the Council Chambers. The City Attorney announced that there were no reportable actions rut of closed session.
D. OPENING CEREMONIES (5:10 PM)
The flag salute was followed by a moment of silence.
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E. CEREMONIAL ITEMS
1. SUBJECT: Presentation of Resolution No. 15,655 Commending Karl Lawson for Thirty-Three Years of Exemplary Service to the City of Oxnard.
Mayor Zaragoza presented Resolution No. 15,655 to Karl Lawson, who retired after working for the City of Oxnard for over thirty-three years. Karl Lawson made some remarks, followed by remarks from the Counci and staff. Council congratulated Karl on his retirement and thanked him for his years of service an dedication to the residents of Oxnard. Karl Lawson introduced his family and said a few words. Public comments were received from Yukio Okano and Barbara Macri-Ortiz.
It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Perello, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion carried 6-0.
2. SUBJECT: Presentation of a Commendation to Oxnard College Men's Soccer Team for Winning the California State Championship Title.
Mayor Zaragoza presented a proclamation to the Oxnard College men's soccer team for winning the California Community College Athletic Association (CCCAA) State Championship title, in a match against defending champions Mt. San Antonio College. The title marks Oxnard College's second state championship in seven years and the end of an impressive 2022 season. Coach Greaney, Oxnard College's head men's soccer coach, stated that it has been an incredible season and the entire Oxnard Community can be extremely proud of the team, they are extremely fortunate to live in a community where young people blossom like these men. Coach Greaney has built one of the strongest soccer teams in California and a real gem in the athletic department for Oxnard College. The entire team including coaches and players were acknowledged and congratulated for their accomplishments by Council and staff. Coach Greaney said a few words and thanked Council and staff for this presentation.
3. SUBJECT: Declare Results of the Canvass of Returns of the November 8, 2022 General Municipal Election and Administer the Oath of Office.
RECOMMENDATION: That the City Council:
1. Adopt Resolution No. 15,660 Declaring the Results of the Canvass of Returns of the November 8, 2022 General Municipal Election in the City of Oxnard; and
2. Authorize the City Clerk to administer the oath of office to the newly re-elected officers, Gabriela Basua, Bert E. Perello, and Gabriel Teran, followed by remarks from the Councilmembers.
Rose Chaparro, City Clerk administered the Oath of Office to newly elected officers Bert E. Perello, Councilmember (District 1); Gabe Teran, Councilmember (District 2); and Gabriela Basua, Councilmember (District 5). The newly re-elected installed officials made some remarks, followed by remarks from the Council and City Manager. Public comments were also received from Armando Gonzalez, Representative from Congresswoman Julia Andrews Brownley's Office (D-CA 26* District) and Steven Auclair.
The City Clerk gave a report. Discussion ensued among the Council and staff.
A motion was made by Council to adopt Resolution No. 15,660 declaring the results of the canvass of returns of the November 8, 2022 General Municipal Election in the City of Oxnard. The final official DECEMBER 20, 2022 OXNARD CITY COUNCIL PAGE 3
canvass shows that Bert E. Perello was the successful candidate for Council District 1, Gabriel Teran for Council District 2, and Gabriela Basua for Council District 5 and the passage of Ballot Measure "C" which vas approved by the requisite majority of votes cast. This was followed by a brief recess.
It was moved by Councilmember Madrigal, seconded by Mayor Pro Tem MacDonald, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion carried 6-0.
F. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Public comments were received from Lawrence Stein (Public Records Requests) and Manuel Herrera (General Election Results). Received written comment letter from Caitlin Brooks, AICP, Program Manager - Transportation Planning with the Ventura County Transportation Commission (Draft Comprehensive Transportation Plan (CTP) release).
G. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
City Manager Nguyen introduced Tatiana B. Arnaout, P.E., City Engineer and Tim Beaman, Supervising Civil Engineer with the Public Works Department who presented and providea information on the upcoming new water meter replacement project for City residents. For additional information visit the website at www.oxnardwater.org or call (805) 385-8136.
H. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY
BUSINESS/COMMITTEE REPORTS
1. City Manager Department
SUBJECT: Appointment of Councilmembers to Serve on Various Boards, Commissions, and Committees to replace Councilmember Lopez. (5 minutes)
RECOMMENDATION: 1. That the Mayor, with the approval of the City Council, appoint members and alternates from the City to the:
a) Beach Erosion Authority for Control of Operations & Nourishment (one primaty); b) Clean Power Alliance Board of Directors (one alternate); c) Economic Development Collaborative - Ventura County (one primary); d) Regional Defense Partnership for the 21st Century (one primary); e) Ventura County Regional Energy Alliance (one alternate); and
2. That the City Council, as a whole, appoint one Councilmember to the Oxnard Airport Authority.
It was moved by Councilmember Perello, seconded by Councilmember Teran, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion carried 6-0.
CITY COUNCIL REPORTS
Mayor Pro Tem MacDonald attended the Ventura County Transportation Commission (VCT) meeting. • The commission released a draft of the comprehensive transportation plan (CTP), long range plan addressing the future of transportation for the next 30-40 years. The draft is available at the VCTC website at www.goventura.orglctp. The Commission is looking for feedback from community members, cities, and other stake holders. If you would like to comment on the plan, visit the website and submit comments prior DECEMBER 20, 2022 OXNARD CITY COUNCIL PAGE 4
to January 10, 2023.
Councilmember Perello attended various meetings including the BICEP Insurance, Fox Canyon Groundwater Management Agency, and Ventura Regional Sanitation District (VRSD) meetings. He also attended the Marina West Neighborhood Council meeting. He thanked the voters for bringing back the incumbent elected officials. He also thanked the voters for their support of Measure E. He congratulated Officer Hector Valderama for his retirement from the Oxnard Police Department after 25 years of service to the residents of the City of Oxnard.
Councilmember Basua wished everyone happy holidays.
Councilmember Madrigal thanked residents and staff for volunteering and organizing events to help others in the community during the holidays. He thanked the residents for giving back to the community and holding events to provide toys to the children in the communities. He also thanked the local businesses for donated toys to give to the children during the holidays. He attended a posada in the Rose Park neighborhood with Mayor Zaragoza. He reminded residents to do the right thing and get along with others.
He wished everyone a Merry Christmas.
Councilmember Teran attended the South Bank Neighborhood Council meeting. He commented that they have a great Executive Board and had a good turnout at this meeting. He attended the Santa's Workshop organized by the Police Activities League. He thanked the Recreational & Community Services Department at the local community organizations for working together to organize many holiday events, including Santa's Float. He congratulated the Oxnard College Men's Soccer Team and commented that they are representing the City of Oxnard well. He thanked Ms. Calderon from Chavez School for inviting him to speak to her dual language class. He also thanked Delia Soto, Special Education Teacher, at Pacifica High School for organizing and finding resources to make a special event a possibility for her students. He wished happy holidays to all the residents.
Mayor Zaragoza also attended the potluck holiday event at Rose Park neighborhood with Councilmember Madrigal. He also attended a special event at Casa Lopez with Javier Lopez to serve lunch to over 200 underserved residents. He presented commendations to several residents of Oxnard to celebrate and acknowledge their 100+ year birthdays. The Mayor acknowledged and thanked the Police and Fire Departments staff for their service, hard work and dedication to the residents of Oxnard. He also wished all the residents of Oxnard happy holidays.
I. REVIEW OF INFORMATION/CONSENT AGENDA
Items K-1 through K-9 were discussed among the Council and staff. Consent item K-9 was pulled from the agenda.
J. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
Public comments were received from Lawrence Stein (K.2) and Patricia Brown (K.2).
K. INFORMATION/CONSENT AGENDA
1. City Clerk Department
SUBJECT: Approval of Minutes.
RECOMMENDATION: That the City Council approve the minutes of the November 15, 2022 regular meetings as presented.
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2. Public Works Department
SUBJECT: Adoption of Ordinance No. 3019 Amending Chapter 22, Article VIII of the Oxnard City Code Regarding Water Waste (Non-Urgency).
RECOMMENDATION: That the City Council adopt Ordinance No. 3019 amending certain sections of Article VIII of Chapter 22 of the Oxnard City Code and implementing water conservation measures that is entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD AMENDING CHAPTER 22, ARTICLE VIII OF THE OXNARD CITY CODE TO
COMPLY WITH AND ENFORCE EMERGENCY DROUGHT-RELATED WATER USE RESTRICTIONS"; and find Ordinance No. 3019 is not subject to the California Environmental Quality Act pursuant to California Code of Regulations, Title 14, Chapter 3, sections > 15060(c)(2), 15050(c)(3) and 15601(b)(3).
(This item did not originate in Committee.)
Public Works Department
SUBJECT: Adoption of Ordinance No. 3020 Amending Section 8-2 of Article I of Chapter 8 of the Oxnard City Code.
RECOMMENDATION: That the City Council adopt the 2022 Speed Limit Ordinance No. 3020 amending Section 8-2 of Article I of Chapter 8 of the Oxnard City Code, which is entitled:
"ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD AMENDING SPEED LIMITS".
(Public Works and Transportation Committee approved 2-0.)
4. Public Works Department
SUBJECT: Sewer Use Agreement A-8503 between City of Oxnard and Channel Islands Beach Community Services District.
RECOMMENDATION: That the City Council approve and authorize an Agreement with Channel Islands Beach Community Services District, for a ten-year term ending December 31, 2033, for a new Sewer Use Agreement (SUA).
(This item is not subject to the California Environmental Quality Act pursuant to Public Resources Code section 21080(b)(1) in conjunction with title 14 of the California Code of Regulations section 15268.)
(Public Works and Transportation Committee approved 2-0.)
5. Public Works Department
SUBJECT: Professional Services Agreement No. 32300020 with Raftelis Financial Consultants, Inc. for a Wastewater and Environmental Resources Rate Study.
RECOMMENDATION: That the City Council approve and authorize a Professional Services Agreement with Raftelis Financial Consultants, Inc. (Raftelis), in the amount not to exceed $275,000 for a term ending June 30, 2024, for a cost of service analysis and rate study for the Wastewater and Environmental Resources Divisions.
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(This item is not subject to the California Environmental Quality Act pursuant to Public Resources Code section 21080(b)(1) in conjunction with title 14 of the California Code of Regulations section 15268).
(Public Works and Transportation Committee approved 2-0.) Police Department
SUBJECT: Phoenix Group Information Systems Agreement (A-8504).
RECOMMENDATION: That the City Council approve and authorize the Mayor to sign an agreement with Phoenix Group Information Services ('Phoenix Group"), for three (3) years, with a total agreement amount not to exceed $810,000, for parking citation processing, administrative citation processing, and security alarm licensing management services. (Community Services, Public Safety, and Housing & Development Committee approved 3-0.)
7. Police Department
SUBJECT: Third Amendment to the Professional Services Agreement 8463-18-PO with Phoenix Group Information Services for Parking and Administrative Citations Services.
RECOMMENDATION: That the City Council approve and authorize the execution of the Third Amendment to the Professional Services Agreement with Phoenix Group Information Services ("Phoenix Group"), to increase the not to exceed amount from $610,000 to $660,000 and to extend the term to December 31, 2022.
8. Fire Department
SUBJECT: Approval for Purchase of Eight (8) Utility Vehicles.
RECOMMENDATION: That the City Council authorize and approve replacing aged-out utility vehicles with modern Ford F-Series pickup trucks at an estimated average cost of $84,000 per unit; $672,000 for eight (8) units (with approval of upfitting the vehicles to be brought to Council at a future meeting) to continue meeting the Fire department's mission for the City of Oxnard. (Finance and Governance Committee approved 3-0.)
Fire Department - This item was pulled from the agenda.
SUBJECT: Professional Services Agreement No. 32300171 with On Duty Health, PLLC for Fire Department Annual Wellness Exams.
RECOMMENDATION: That the City Council authorize approval of Agreement No. 32300171 with On Duty Health, PLLC to provide annual wellness exams for the Fire Department in the amount of $98,280 per year for three years for a total not to exceed amount of $294,840.
Consent Items K.1 - K.8:
It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Teran, to approve the Information/Consent items as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran and Zaragoza voted in favor; motion carried 6-0.
Information/Consent Item K.9 was pulled from the agenda.
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L. REPORTS
1. Human Resources Department
SUBJECT: Approval of Memorandum of Understanding with the International Association of Firefighters.
RECOMMENDATION: That the City Council of the City of Oxnard adopt Resolution No. 15,656 approving the successor Memorandum of Understanding between the City of Oxnard and the International Association of Firefighters and authorizing the City Manager or designee to take the necessary administrative actions to implement the agreement. (This item did not originate in Committee.)
Steve Naveau, Human Resources Director and Mike More, Human Resources Risk Manager presented and Coumerid nd stions. Public comments were received from Ray Blattel. Discussion ensued among the It was moved by Councilmember Perello, seconded by Councilmember Teran, to approve the recommended action as presented. VOTE: Basua, Madrigal, MacDonald, Perello, Teran, and Zaragoza voted in favor; motion carried 6-0.
Public Works Department
SUBJECT: Construction Agreement 32300045 with GMZ Engineering, Inc. for the Mandalay Bay Bridge and the Edison Canal Bridge, and the First Amendment to the engineering Agreement A-8141 with Dokken Engineering for the Mandalay Bay Bridge and Edison Canal Bridge, Specification No. PW 18-61.
RECOMMENDATION: That the City Council approve and authorize the following for a total of $5,587,808 in Project funds for the Mandalay Bay Bridge and Edison Canal Bridge:
1. Execute an Agreement for construction with GMZ Engineering, Inc. in an amount not to exceed $4,407,468 for the Projects; and
2. Authorize a Project contingency amount of $660,000 with GMZ Engineering, Inc. for a total not to exceed contract value of $5,067,468 for the Projects;
3. Execute a First Amendment to an Agreement with Dokken Engineering to increase the not to exceed amount from $201,914 to $293,494 for engineering services during construction.
4. Authorize a Project allocation amount of $428,760 for Project management, Construction management, and inspection for the Projects.
5. Authorize a budget appropriation of $940,936 from the Capital Outlay Fund 301 to fully fund the Mandalay Bay Bridge project; and
6. Authorize the Finance Director or designee to recognize future grant funding of $4,946,886, and approve administrative budget appropriation transfers of available balances between projects 133113 and 133114 for the use of these Projects in the total amount not to exceed $5,587,808. (This item is categorically exempt from the California Environmental Quality Act pursuant to Title 14 of the California Code of Regulations section 15301(c)). (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.)
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Tatiana B. Arnaout, P.E., City Engineer presented and answered questions. No public comments were received. Discussion ensued among the Council and staff.
It was moved by Councilmember Basua, seconded by Councilmember Perello, to approve the recommended action as presented. VOTE: Basua, Madrigal, MacDonald, Perello, Teran, and Zaragoza voted in favor; motion carried 6-0.
Public Works Department
SUBJECT: Water Cost of Service Report.
RECOMMENDATION: That the City Council receive and file the Water Cost of Service Report. (This item is categorically exempt from the California Environmental Quality Act pursuant to Title 14 of the California Code of Regulations section 15306). (Public Works and Transportation Committee approved 2-0.) Joseph Marcinko, Assistant Public Works Director and Michael Wolfe, Public Works Director presented and answered questions. Public comments were received from Lawrence Stein. Discussion ensued among the Council and staff. Report was received and filed, no formal action required.
4. Public Works Department
SUBJECT: Agreement 32300052 with Garcia's Landscaping Maintenance, Inc. for On-Call Grid Pruning Services, Specification No. PW 23-38.
RECOMMENDATION: That the City Council approve and authorize an Agreement with Garcia's Landscaping Maintenance, Inc. in the amount not to exceed $4,000,000 for a three-year term for On-Call Grid Pruning Services, Specification No. PW 23-38. (This item is categorically exempt from the California Environmental Quality Act pursuant to title 14 of the California Code of Regulations section 15301(h)). (Public Works and Transportation Committee approved 2-0.) Steve Howlett, Assistant Public Works Director presented and answered questions. Michael Wolfe, Public Works Director was also available to answer questions. No public comments were received.
Discussion ensued among the Council and staff.
It was moved by Councilmember Perello, seconded by Councilmember Basua, to approve the recommended action as presented. VOTE: Basua, Madrigal, MacDonald, Perello, Teran, and Zaragoza voted in favor; motion carried 6-0.
5. Public Works Department
SUBJECT: Agreement 32300084 with Garcia's Landscaping Maintenance, Inc. for On-Call Tree Maintenance Services, Specification No. PW 23-39.
RECOMMENDATION: That the City Council approve and authorize an Agreement with Garcia's Landscaping Maintenance, Inc. in the amount not to exceed $4,000,000 for a three year term for On-Call Tree Maintenance Services.
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(This item is categorically exempt from the California Environmental Quality Act pursuant to Title 14 California Code of Regulations section 15301(h)). (Public Works and Transportation Committee approved 2-0.) Michael Wolfe, Public Works Director presented and answered questions. No public comments were received. Discussion ensued among the Council and staff. re coas ended a by as prised. BoB: Basca, ded diga acDonald, Perald, al, an, and are tha voted in favor; motion carried 6-0.
Finance Department
SUBJECT: Authorize Equipment Lease Schedule No. 27 to Finance the Purchase of a Fire Ladder Truck and to Finance the Purchase and Upfitting of Eight (8) Fire Battalion Chief Vehicle Chassis.
RECOMMENDATION: That the City Couacil adopt Resolution No. 15,657 authorizing the execution and delivery of Schedules of Property to the Master Equipment Lease/Purchase Agreement not to exceed $3,450,000 for a ladder fire truck and the purchase and subsequent upfitting of chassis for battalion chief command vehicles; authorizing the execution and delivery of other documents required in connection therewith; and authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by this resolution.
Betsy George, Chief Financial Officer introduced Christian Sprunger, Assistant Vice President at NHA Advisors, who presented and answered questions. Public comments were received from Lawrence Stein.
Discussion ensued among the Council and staff.
It was moved by Councilmember Teran, seconded by Mayor Pro Tem MacDonald, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion carried 6-0.
7. Fire Department
SUBJECT: Purchase Order for a Ladder Truck.
RECOMMENDATION: That the City Council authorize approval of a purchase order for a tractor drawn aerial ladder truck (ladder truck) from South Coast Emergency Fire Equipment in the amount of $1,776,923.96.
(Finance and Governance Committee approved 3-0.)
Alexander Hamilton, Fire Chief presented and answered questions. No public comments were received.
Discussion ensued among the Council and staff.
it was moved by Mayor Zaragoza, seconded by Councilmember Teran, to approve the recommended action as presented. VOTE: Basua, Madrigal, MacDonald, Perello, Teran, and Zaragoza voted in favor; motion carried 6-0.
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Fire Department
SUBJECT: Purchase Order for Upfitting 8 Command Vehicles.
RECOMMENDATION: That the City Council:
1) Approve and authorize the execution of a purchase order with National Auto Fleet in the amount of $1,053,108.82 for the upfitting of eight (8) Battalion Chief Command vehicles by 911 Vehicles; and
2) Authorize a budget appropriation recognizing revenue from the proposed equipment financing and appropriating $490,656.58 to the Lease Purchase Equipment Fund (313) and the corresponding Capital Outlay Fund (301, Project C2203 - Command Vehicles-8). (Finance and Governance Committee approved 3-0.)
Alexander Hamilton, Fire Chief presented and answered questions. No public comments were received.
Discussion ensued among the Council and staff.
It was moved by Councilmember Teran, seconded by Mayor Zaragoza, to approve the recommended action as presented. VOTE: Basua, Madrigal, MacDonald, Perello, Teran, and Zaragoza voted in favor; motion carried 6-0.
M. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 8:54 p.m.
4. Chaparro
RÓSE CHAPARRO JOHN C. ZARAGOZA
City Clerk