Oxnard City Council
January 3, 2023

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 January 3, 2023
Closed Session - 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: 860 2616 8064

3. Passcode: 088326
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. Press *6 when asked to unmute. Listen to the instructions provided on the phone while on hold in the zoom waiting room. *Please note that there is a slight time delay when viewing the meeting via television.

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

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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY January 3, 2023 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
At this time, a person may address the legislative body only on matters appearing on the closed session agenda. The presiding officer shall limit public comments to three minutes.

C. CLOSED SESSION (5:30 PM)

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – (Government Code section 54956.8)
Property: 2900 Saviers Road (APN 219-0-018-035)
Agency Negotiator: Emilio Ramirez, Housing Director; Ashley Golden, Assistant City Manager; Alex Nguyen, City Manager
Negotiating Party: Cadence Capital Investments
Under Negotiation: Price and terms of payment
Legislative Body: City Council

D. OPENING CEREMONIES (6:00 PM)
Pledge of allegiance to the flag of the United States.

E. CEREMONIAL ITEMS

1. SUBJECT: Presentation of a Proclamation Designating January 16, 2023 as "Dr. Martin Luther King, Jr. Day."
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F. 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.

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

BUSINESS/COMMITTEE REPORTS

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

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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY January 3, 2023 PAGE 4

1. City Manager Department
SUBJECT: Appointment of Members to Serve on the City's CAGs and Boards. (5 minutes)

RECOMMENDATION: That the Mayor, with the approval of the City Council, make the following appointments:

1. To Senior Services Commission: Jeffrey Nevitt (at large) and LaRita Montgomery (D5);

2. To Community Relations Commission: Khalilah Durias (D5);

3. To Planning Commission: Daniel Chavez, Jr. (D5); and

4. To Mobilehome Park Rent Review Board: Efrain Jimenez II (at large).

Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/-8ix9rBQQnU
Legislative Body: City Council
Contact: Shiri Klima, (805) 385-7487

2. City Attorney Department
SUBJECT: Resolution Supporting the LGBTQ+ Community.

RECOMMENDATION: That the City Council adopt a resolution declaring the City of Oxnard's solidarity and support for the lesbian, gay, bisexual, transgender, and queer (LGBTQ+) community and opposing discrimination based on sexual orientation and gender identity or expression.

Legislative Body: City Council
Contact: Stephen Fischer, (805) 385-7483
I. 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.

J. 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.

K. INFORMATION/CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of the December 6, 2022 regular meeting and December 7, 2022 special meeting as presented.

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

2. Information Technology Department
SUBJECT: City of Oxnard Website and Email Update (change from .org to .gov).

RECOMMENDATION: That the City Council approve and authorize the Mayor to sign the required federal government authorization letter(s) requesting and maintaining the City of Oxnard's registration of the City's chosen .gov domain name(s) used for City website and online services, including City email.

(Finance and Governance Committee approved 3-0)
Legislative Body: City Council
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY January 3, 2023 PAGE 5

Contact: Helen Miller, (805)385-7446

3. Public Works Department
SUBJECT: Acquisition of Easement Located at 2382 Etting Road, Oxnard, California, Ocean View School District.

RECOMMENDATION: That the City Council approve and authorize the:

1. Execution of a Right of Way Agreement with Ocean View School District (A-8502) to purchase a Permanent Roadway Easement and Temporary Construction Easement located at 2382 Etting Road, Oxnard, (the “Property”);

2. Execution of an Easement Deed for APN 232-0-010, -100;

3. Public Works Director or City Engineer to take any additional necessary actions to facilitate any necessary extension of the temporary construction easement, including authorizing additional payment not to exceed $10,000; and

4. City Manager to take any additional necessary actions to facilitate the acquisition of the property consistent with the terms of the transaction approved by the City Council.

(This item is categorically exempt from the California Environmental Quality Act pursuant to title 14 of the California Code of Regulations section 15061(b)(3).)

(This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

4. City Manager Department
SUBJECT: Appropriation of Bond Proceeds.

RECOMMENDATION: That the City Council:

1. Approve the proposed list of redevelopment bond proceeds projects;

2. Authorize the re-allocation of all remaining 2006 Ormond Beach Tax Allocation Bond (TAB) Proceeds for the purpose of completing the Hueneme Road work related to the Ormond Beach Neighborhood Street Resurfacing project;

3. Authorize a budget appropriation of $30,655 from the General Fund (101) and corresponding Capital Outlay Fund (301) for the Roof Replacement: South Oxnard Center project (# C2010);

4. Authorize the re-allocation of all remaining 2006 HERO TAB Proceeds for the purpose of completing the Roof Replacement: South Oxnard Center project and for paving more alleyways; and

5. Authorize the re-allocation of all remaining 2006 Southwinds TAB Proceeds for the purpose of adding park benches and trash enclosures at Southwinds Park. (Pursuant to Sections 15061(b)(3) and 15378 of the California Environmental Quality Act (CEQA) Guidelines, this item is not a “project” subject to CEQA.)

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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY January 3, 2023 PAGE 6

(Finance and Governance Committee approved 3-0.)
Legislative Body: City Council
Contact: Shiri Klima, (805) 385-7487

5. Public Works Department
SUBJECT: Agreement 32300058 with Taft Electric Company for On-Call Traffic Signals Repairs and Maintenance Services, Specification No. PW 23-40.

RECOMMENDATION: That the City Council approve and authorize the City to execute an Agreement with Taft Electric Company in the amount not to exceed $300,000 for a three-year term for On-Call Traffic Signals Repairs and Maintenance Services.

(This item is categorically exempt from the California Environmental Quality Act pursuant to title 14 of the California Code of Regulations section 15301(c))

(Public Works and Transportation Committee approved 2-0.) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

6. Finance Department
SUBJECT: Update on the Corrective Action Plan (CAP) for Closing Past Audit Findings.

RECOMMENDATION: That the City Council receive an update on the City's Corrective Action Plan (CAP) for closing past audit findings.

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

7. Finance Department
SUBJECT: Fiscal Year 2021-22 Annual Report on Development Impact Fees (AB1600).

RECOMMENDATION: That the City Council receive and file the annual development impact fee report (AB1600) for the fiscal year ended June 30, 2022.

The report can be accessed on the City's website at https://www.oxnard.org/city- department/finance/annual-reports-on-development-impact-fees/

(Finance and Governance Committee recommend 3-0.)
Contact: Betsy George, (805) 200-5400
L. REPORTS

1. Community Development Department
SUBJECT: Ordinance to Regulate Expanded Polystyrene. (15 minutes)

RECOMMENDATION: That the City Council introduce the first reading by title only and waive further reading of an ordinance adding Article XXV to Chapter 7 of the Oxnard City Code prohibiting the use, manufacturing, distribution, and sale of designated polystyrene products, and find that the ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to section 15061(b)(3) of the CEQA Guidelines.

(Community Services, Public Safety, Housing & Development Committee approved 3-0.)

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Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/ATmF5_g8cc0
Legislative Body: City Council
Contact: Ashley Golden, (805) 385-7478

2. Community Development Department
SUBJECT: On-Call Consulting Services for Community Development. (10 minutes)

RECOMMENDATION: That the City Council:

1. Approve and authorize the execution of a First Amendment to the Agreement with Rincon Consultants, Inc. for on-call contract planning services, increasing the agreement amount by $500,000 for a total agreement amount of $1,250,000;

2. Award agreement to Interwest Consulting Group, Inc. for on-call planning as well as on-call development plan check services in the amount of $1,100,000; and

3. Approve a budget appropriation in the amount of $350,000 for development plan check services.

(Community Services, Public Safety, Housing & Development Committee approved 3-0.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/O1ZiduE0J68
Legislative Body: City Council
Contact: Ashley Golden, (805) 385-7478

3. Housing Department
SUBJECT: Approval of the Downtown Oxnard Improvement Association Annual Work Plan and Budget for Fiscal Year 2022-23. (10 minutes)

RECOMMENDATION: That the City Council approve the Downtown Oxnard Improvement Association annual work plan and budget for fiscal year 2022-23.

(This item did not originate in Committee.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/SJJEM6qSeYQ
Legislative Body: City Council
Contact: Emilio Ramirez, (805) 385-8094
M. ADJOURNMENT

7 CITY COUNCIL AGENDA REPORT

REPORT OF CITY MANAGER/EXECUTIVE

DIRECTOR/SECRETARY
AGENDA ITEM NO. G.1

DATE: January 3, 2023

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 section 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.

On November 15, 2022, the City Council adopted Resolution 15,646 reconfirming the need to continue the local emergency pursuant to Government Code Section 8630(c).

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
8 There is no direct financial impact.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Michelle McCarron, Assistant City Attorney

ATTACHMENTS

1. Resolution and 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)

8. Adopted Resolution 15,646 (dated 11-15-22)

9 CITY COUNCIL OF THE CITY OF OXNARDRESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARDCONFIRMING THE NEED TO CONTINUE THE LOCAL EMERGENCYPURSUANT TO GOVERNMENT CODE SECTION 8630(c) WHEREAS, Government Code section 8630 and Chapter 6 of the Oxnard CityCode (“OCC”) empower the City Manager of the City of Oxnard (“City”), acting in thecapacity of the Director of Emergency Services, to request the City Council to proclaimthe existence of a local emergency when drought conditions threaten the safety of personsor property within the City; and WHEREAS, on May 17, 2022, the City Council adopted Resolution 15,568which proclaimed the existence of a local emergency due to drought conditions and lackof adequate water supply; and WHEREAS, also on May 17, 2022, the City Council adopted Resolution 15,569establishing new mandatory water conservation measures; and WHEREAS, on June 30, 2022, the City Council adopted Resolution 15,628which determined that there was a need to continue the local emergency due to continueddrought conditions and lack of adequate water supply; and WHEREAS, on July 28, 2022, the City Council adopted Resolution 15,609 whichdetermined that there was a need to continue the local emergency due to continueddrought conditions and lack of adequate water supply; and WHEREAS, on September 20, 2022, the City Council adopted Resolution 15,631which determined that there was a need to continue the local emergency due to continueddrought conditions and lack of adequate water supply; and WHEREAS, on November 15, 2022, the City Council adopted Resolution 15,646which determined that there was a need to continue the local emergency due to continueddrought conditions and lack of adequate water supply; and WHEREAS, pursuant to Government Code section 8630(c), the City Councilmust review the need for continuing the local emergency at least once every 60 daysuntil the governing body terminates the local emergency; and WHEREAS, the City Council has determined that there is a need to continue thelocal emergency because the conditions that brought on the May 17, 2022 localemergency persist; and WHEREAS, the City Council ratified Director’s Order No. 22-04 on September20, 2022, and has determined the provisions of that order shall remain in effect and isattached as Exhibit A; and WHEREAS, pursuant to Government Code section 8634, and Chapter 6 of theCity Code, the Director may promulgate orders and regulations necessary to provide forthe protection of life and property and shall request the City Council to ratify such ordersand regulations. 10 Resolution No.Local Emergency Continuance Persuant to Government Code Section 8630(c)Page2 NOW, THEREFORE, the City Council of the City of Oxnard resolves that thelocal emergency declared on May 17, 2022 due to drought conditions and lack ofadequate water supply shall remain in effect.

PASSED AND ADOPTED THIS 3rd day of January 2023, 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 Resolution No.Local Emergency Continuance Persuant to Government Code Section 8630(c)Page3 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. ///
///
///
///
///

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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CITY COUNCIL AGENDA REPORT

CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR

AGENCY/FINANCING AUTHORITY

BUSINESS/COMMITTEE REPORTS
AGENDA ITEM NO. H.1

DATE: January 3, 2023

TO: City Council

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

SUBJECT: Appointment of Members to Serve on the City's CAGs and Boards. (5 minutes)

RECOMMENDATION

That the Mayor, with the approval of the City Council, make the following appointments:

1. To Senior Services Commission: Jeffrey Nevitt (at large) and LaRita Montgomery (D5);

2. To Community Relations Commission: Khalilah Durias (D5);

3. To Planning Commission: Daniel Chavez, Jr. (D5); and

4. To Mobilehome Park Rent Review Board: Efrain Jimenez II (at large).

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/- 8ix9rBQQnU

BACKGROUND

Oxnard City Code section 2-36 states that the Mayor, with the approval of the City Council, shall appoint the members of each Citizen Advisory Group (CAG). The process is outlined in that provision, including nomination by each Council member congruent with his or her term in office. Section 2-37 states that each commissioner shall undergo the City's formal background check procedures before appointment. The Mobilehome Park Rent Review Board is not a CAG, but its establishing ordinance in City Code section 24-5 has similar language, except this Board consists of five (rather than seven) members appointed by the Council at large.

DISCUSSION

The following are some of the City's CAGs and Boards:

1. Senior Services Commission (SSC):

The SSC analyzes, defines and investigates issues and needs of the senior citizens in the City, develops and recommends solutions for problems affecting senior citizens to the City Council and other appropriate community organizations, and disseminates information and educational materials that will assist in enhancing the quality of life of the senior citizens and treatment of senior citizens. The SSC is composed of seven members, all of whom must reside in the City and have reached their 50th birthday. For this purpose, Mayor Zaragoza nominates Jeffrey Nevitt to serve at large and Councilwoman Basua nominates LaRita Montgomery to represent District 5. All nominees have passed the City’s formal background check procedures.

2. Community Relations Commission (CRC):

The CRC's powers and duties relate to analyzing, defining and investigating matters involving group prejudices, racial tension, intolerance or differences in treatment or favoritism of a person on a basis other than individual merit. The CRC promotes mutual understanding and respect--including through educational campaigns--among all residents to discourage 59 or prevent the aforementioned negative practices. The CRC is composed of seven members, all of whom must reside in the City and be over the age of 18. For this purpose, Councilwoman Basua nominates Khalilah Durias to represent D5, who has passed the City’s formal background check procedures.

3. Planning Commission:

The Planning Commission is charged with various functions and duties throughout the Oxnard City Code and the California Government Code, including preparing, reviewing and revising the City's General Plan; implementing that General Plan through various specific plans, zoning and subdivision ordinances; promoting the coordination of local plans and programs with the plans and programs of other public agencies; annually reviewing the City's capital improvement program for consistency with that General Plan; ensuring conformity with the General Plan for any real property acquired for public purposes or for any public building or structure constructed or authorized; and ensuring conformity with the General Plan for any real property disposed of or for any street vacated or abandoned. The Planning Commission is composed of seven members, all of whom must reside in the City and be over the age of 18. For this purpose, Councilwoman Basua nominates Daniel Chavez, Jr. to represent D5, who has passed the City’s formal background check procedures.

4. Mobilehome Park Rent Review Board (MPRRB):

The MPRRB is charged with collecting evidence and information, initiating investigations, scheduling and conducting hearings or appeals, and issuing written findings and decisions to protect the mobilehome owners in the City from excessive rents and to protect their investment in their homes while at the same time providing for a fair return for mobilehome park owners. The MPRRB is composed of five members at large who are not connected with the real estate or rental housing industry for their personal financial gain and who are not residents of, nor have any financial interest in, any mobilehome or mobilehome park. For this purpose, the Council nominates Efrain Jimenez II, who has passed the City's formal background check procedures.

Staff will return on a rolling basis with additional Council nominations to fill the remaining vacancies in the City's CAGs, Committees, and Boards.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

There is no financial impact.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Samantha Shapiro, Project Manager

ATTACHMENTS

1. Presentation

60 Samantha Shapiro, Project Manager
Appointment of Members to Serve
on the City’s CAGs and Boards
City Council
January 3, 2023
61 RECOMMENDATION 2
That the Mayor, with the approval of the City Council, make the following appointments:

1. To Senior Services Commission: Jeffrey Nevitt (at large) and LaRita Montgomery (D5);

2. To Community Relations Commission: Khalilah Durias (D5);

3. To Planning Commission: Daniel Chavez, Jr. (D5); and

4. To Mobilehome Park Rent Review Board: Efrain Jimenez II (at large). 62 3

SENIOR SERVICES COMMISSION
Function
Analyzes, defines and investigates issues and the needs of senior citizens in the City and advises the City Council on such matters; Develops and recommends solutions for problems affecting senior citizens to the City Council and other appropriate community organizations; and Disseminates
information and educational materials and reports that will assist in enhancing the quality of life of senior citizens and the treatment of senior citizens.

Requirements •7 members
•Resident of the City
•Must have reached their 50th birthday
Nomination •Mayor Zaragoza nominates Jeffrey Nevitt (at large) •Councilwoman Basua nominates LaRita Montgomery (D5)
63 4

COMMUNITY RELATIONS COMMISSION
Function
• Analyzing, defining and investigating matters involving group prejudices, racial tension, intolerance or differences in treatment or favoritism of person on a basis other than individual merit
• Promoting mutual understanding and respect--including through educational campaigns--among all residents to
discourage or prevent the aforementioned negative practices Requirements 7 members must reside in City and be over age 18 Nomination •Councilwoman Basua nominates Khalilah Durias (D5) 64 5

PLANNING COMMISSION
Function
• Preparing, reviewing and revising General Plan
• Implementing General Plan through various specific plans, zoning and subdivision ordinances
• Promoting coordination of local plans and programs with the plans and programs of other public agencies
• Annually reviewing City's capital improvement program for consistency with General Plan
• Ensuring General Plan conformity for real property
acquired/disposed of, public building/structure constructed, or street vacated/abandoned
Requirements 7 members must reside in City and be over age 18 Nomination •Councilwoman Basua nominates Daniel Chavez, Jr. (D5) 65 6

MOBILEHOME PARK RENT REVIEW BOARD (MPRRB)
Function
The MPRRB is charged with collecting evidence and information, initiating investigations, scheduling and conducting hearings or appeals, and issuing written findings and decisions to protect the mobilehome park owners in the City from excessive rents and to protect their investment in their homes while at the same time providing for a fair return for mobilehome park owners.

Requirements 5 members at large who are not connected with the real estate or rental housing industry for their personal financial gain and who are not residents of, nor have any financial interest in, any mobilehome or mobilehome park.

Nomination The Council nominates Efrain Jimenez II (at large) 66 THE END
7 67

CITY COUNCIL AGENDA REPORT

CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR

AGENCY/FINANCING AUTHORITY

BUSINESS/COMMITTEE REPORTS
AGENDA ITEM NO. H.2

DATE: January 3, 2023

TO: City Council

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

SUBJECT: Resolution Supporting the LGBTQ+ Community.

RECOMMENDATION

That the City Council adopt a resolution declaring the City of Oxnard's solidarity and support for the lesbian, gay, bisexual, transgender, and queer (LGBTQ+) community and opposing discrimination based on sexual orientation and gender identity or expression.

BACKGROUND

Councilmember Teran has proposed the City Council consider a resolution declaring the City’s solidarity with the LGBTQ+ community, support for the rights, freedoms, and equal treatment of LGBTQ+ people in the City of Oxnard and the United States, and opposition to discrimination based on sexual orientation and gender identity or expression.

Councilmember Teran's proposal is in response to the November 19, 2022 shooting at Club Q, an LGBTQ+ bar in Colorado Springs, Colorado, and the increasing instances of anti-LGBTQ+ legislation being introduced across the United States. These violent and discriminatory actions have raised more than concern within the City of Oxnard. The City seeks to address these issues in declaring its support for the LGBTQ+ community. This resolution acknowledges the LGBTQ+ community, the historical and continuing contributions of LGBTQ+ people to society, the inequities LGBTQ+ people experience, and the intolerance and hate-motivated attacks and actions LGBTQ+ people continue to face.

DISCUSSION

The City of Oxnard is a diverse and multicultural community and all of its residents deserve to feel safe and welcome. As a local government, the City of Oxnard has a duty to support all of its residents, including those who are a part of the LGBTQ+ community. The City of Oxnard is therefore in the best position to make decisions that fully include and protect LGBTQ+ people. Declaring the City’s support is necessary to advocate for the LGBTQ+ community, oppose discriminatory practices and policies, and reject misinformation that perpetuates violence and discrimination against LGBTQ+ people.

LGBTQ+ people continue to face discrimination and inequities in many sectors, including education, health care, housing, and immigration. This has led a disproportionate number of LGBTQ+ people to experience poverty.

Exacerbating the issue are states with no explicit ban on discrimination based on sexual orientation or gender identity. In 2019, thirty states had no explicit ban on such discrimination in the workplace, housing, or public accommodations, and thirty-five states had no explicit ban on discrimination in education. Government policies and laws should not permit discrimination and violence against LGBTQ+ people. And yet, 2021 saw seventeen anti-LGBTQ+ bills enacted across the United States, while more than 250 anti-LGBTQ+ bills have been introduced in state legislatures, and twenty-four bills enacted, so far this year.

Anti-LGBTQ+ sentiments and violence against LGBTQ+ people have been on the rise in recent years, with a specific surge in violence being against transgender people. Overall, LGBTQ+ people are almost four times more likely to be victims of violent crime than heterosexual and cisgender people, and LGBTQ+ people with intersecting identities face 68 violence and discrimination at even higher rates. A 2020 FBI report notes hate crimes based on sexual orientation are the third most common behind race and religion.

STRATEGIC PRIORITIES

This agenda item is a routine operational item and 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: Chelsey Ballot, Deputy City Attorney

ATTACHMENTS

1. LGBTQ+ Solidarity Resolution

69 CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD
DECLARING THE CITY OF OXNARD’S SOLIDARITY AND SUPPORT FOR THE LESBIAN, GAY, BISEXUAL, TRANSGENDER, AND QUEER (LGBTQ+)

COMMUNITY AND OPPOSING DISCRIMINATION BASED ON SEXUAL

ORIENTATION AND GENDER IDENTITY OR EXPRESSION
WHEREAS, the City of Oxnard is a diverse and multicultural community and all of its residents deserve to feel safe and welcome; and
WHEREAS, the City of Oxnard values and recognizes the LGBTQ+ community and the historical and continuing contributions of LGBTQ+ people in multiple fields including education, law, health, business, science, research, economic development, architecture, fashion, sports, government, music, film, politics, technology, literature, and civil rights; and WHEREAS, LGBTQ+ people continue to face discrimination and inequities in employment, healthcare, education, housing, and many other areas of society; and WHEREAS, the City of Oxnard will not support discriminatory actions directed toward LGBTQ+ people; and
WHEREAS, although there has been progress towards acceptance and equality, members of the LGBTQ+ community continue to face intolerance and hate-motivated attacks; and WHEREAS, LGBTQ+ people are almost four times more likely to be a victim of a violent crime than heterosexual and cisgender people; and
WHEREAS, fatal violence against LGBTQ+ people has dramatically increased in recent years; and
WHEREAS, violence and discrimination against LGBTQ+ people is too often a reflection of the policies and laws of local and state governments; and WHEREAS, 2021 saw the most anti-LGBTQ+ legislation introduced across the United States; and
WHEREAS, in 2019, thirty states had no explicit ban on discrimination based on sexual orientation and gender identity in the workplace, housing, or public accommodations, and thirty- five states had no explicit ban on discrimination against LGBTQ+ individuals in education; and WHEREAS, equality for LGBTQ+ people and their families should be met with the support of local leaders who are in a position to make decisions that fully include and protect LGBTQ+ people.
70 Resolution No.

Declaring Solidarity & Support for LGBTQ+ Community

NOW, THEREFORE, the City Council of the City of Oxnard resolves that the City of Oxnard hereby declares its solidarity with the LGBTQ+ community, support for the rights, freedoms, and equal treatment of LGBTQ+ people in the City of Oxnard and the United States, opposition to discrimination based on sexual orientation and gender identity or expression; and encouragement of other cities and states to take similar action to ensure inclusiveness throughout the United States.

PASSED AND ADOPTED THIS 3rd day of January, 2023, 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
71 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.1

DATE: January 3, 2023

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 December 6, 2022 regular meeting and December 7, 2022 special meeting as presented.

BACKGROUND

Approval of Minutes.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

There is no financial impact.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Rose Chaparro, City Clerk

ATTACHMENTS

1. MINUTES 12 06 2022 CC Regular Meeting

2. MINUTES 12 07 2022 CC Special Meeting

72 MINUTES

OXNARD CITY COUNCIL
Regular Meeting
December 6, 2022

A. ROLL CALL, POSTING OF AGENDA
At 5:02 p.m., Mayor John C. Zaragoza called to order the regular me eting 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 Oscar Madrigal joined the meeting at 6:14 p.m.

Staff members present in person were Alexander Nguyen, City Manager; Ashley Golden, Assistant City Manager; Kenneth Rozell, Chief Assistant City Attorney; Joe Pearson II, AICP, Planning & Sustainability Manager; Jay Dobrowalski, Senior Planner; John Colamarino, Assistant Fire Chief; Dee Lai, Assistant City Clerk and Rose Chaparro, City Clerk.

Staff members Michael Wolfe, Public Works Director and Joseph Marcinko, Assistant Public Works Director participated via videoconference.

THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council

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

C. CLOSED SESSION (5:00 PM)

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Government Code section 54956.9(d)(1))
City of Oxnard v. Fox Canyon Groundwater Management Agency, Los Angeles Superior Court Case No. 20STCP00929, a Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief.

At 5:04 p.m., the City Council recessed to a closed session. At 6:02 p.m., the City Council reconvened in open session in the Council Chambers. The City Attorney announced that there were no reportable actions out of closed session.

D. OPENING CEREMONIES
The flag salute was followed by a moment of silence.

E. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA (None received.)

F. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY

1. 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, 73 DECEMBER 6, 2022 OXNARD CITY COUNCIL PAGE 2

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.

It was moved by Mayor Pro Tem MacDonald , seconded by Councilmember Perello, to approve the recommended action as presented. VOTE: Basua, MacDonald, Perello, Teran, and Zaragoza voted in favor; motion passed 5-0. Councilmember Madrigal was absent during this vote.

At 9:58 p.m. City Council voted to continue the meeting past 10:00 p.m., and take action on the remainder of the items on the agenda.

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

G. PUBLIC HEARINGS

1. Community Development Department

SUBJECT: Appeal of Planning and Zoning Permit No. 18-500-02 (Special Use Permit); Undeveloped parcel (approximately 34 acres) located at the southeast corner of Hueneme Road and Perkins Road; APNs: 231-0-092-105 and 231-0-092-245 Project Name: Port of Hueneme - Temporary Outdoor Vehicle Storage Facility. (240 minutes)

RECOMMENDATION: That the City Council conduct a public hearing and:

1. Adopt Resolution #15,647 certifying Final Environmental Impact Report (EIR) No. 22- 01 for the Port of Hueneme - Temporary Outdoor Vehicle Storage Facility (Governor's Office of Planning and Research State Clearinghouse No. 2020069039); and

2. Adopt Resolution #15,648 denying the appeal and uploading the Planning Commission’s decision to grant Planning and Zoning Permit No. 18-500-02 (Special Use Permit) for a vehicle storage facility, subject to certain findings and conditions. (This item did not originate in Committee.)

The City Clerk announced the affidavit of publication and stated that written communications were received and provided to Council . Joe Pearson II, AICP, Senior Planner ; Kenneth Rozell, Chief Assistant City Attorney; Ashley Golden, Assistant City Manager ; Christine Deacon, Client Relations Manager and Miguel Rodriguez, Community Outreach Manager at the Port of Hueneme presented and answered questions.

The City Council members disclosed and reported on the ex parte communications that they received. Each councilmember provided a summary of the ex parte communications received.

Fernando Gaytan, Senior Attorney at Earthjustice, presented for the appellant.

Mayor Zaragoza o pened the public testimony portion of the public hearing. Public comments were
received from Joy, Kobayashi, Shirley Godwin, Liz Lamar, Cesar Hernandez, Haley Ehlers, Jennifer 74 DECEMBER 6, 2022 OXNARD CITY COUNCIL PAGE 3

Martinez, Jonathan Ullma n, Nancy Lindholm, Raudel Flores, Serge Sinanian, Cristian Munoz, Veronica Munoz, Javier Gomez, Cassie Chacon, Daniel Gonzalez, Daniel Mora, Jess Herrera, Jess Ramirez, Mary Anne Rooney, Alex Perez, Pedro Toscano, Jonathan Duran, Saul Escobedo, Lucia Marquez (CAUSE), Sofia Magallon, Yuritza Ventura, Zaide Pasion, Saul Medina, Oliver Martinez, Kishina Kea, Shekinah Adrelas, Jeremy Meyer, Johnny Escobar, Joshua Medrano, Natalie Ospinosa, Kyle Emmanuel De La Torre, Johanna Martinez, Janet Ritza, Art Chavez, Ca rolina Gallardo Magana, Agle Rosales (youth), Jenu Alla (youth), Odette Moron, Terin Schmitt, Marbely Cruz (youth), Bobby Martinez, Dean Claxton, Gisela Gonzalez, Anthony Mireles, Pat Brouri, Brenda Heredia, Daniela Aguirre, Haley Ehlers, Kari Aist, Kathy Weathermen, Lucy Cartagena, Vanessa Buenrostro, Manuel Delgado, Rick Castaniero, Emmanuel Delgado, Jose Del Rio, Arthur Valenzuela Jr., Celina Zacarias, Len, Raul Lopez, Trish, Victor, and Jose Garcia

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

Discussion ensued among the Council and staff.

It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Perello, to approve the recommended action as presented. VOTE: MacD onald, Madrigal, Perello, Teran, and Zaragoza voted in favor; Basua voted against; motion passed 5-1.

H. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 10:16 p.m.

ROSE CHAPARRO JOHN C. ZARAGOZA
City Clerk Mayor

75 MINUTES

OXNARD CITY COUNCIL
Regular Meeting
December 7, 2022

SPECIAL COUNCIL MEETING

A. ROLL CALL, POSTING OF AGENDA
At 5:02 p.m., Mayor John C. Zaragoza called to order the regular meeting of the Oxnard City Council (concurrently with the Oxnard Housing Authority), in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California. The Assistant 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.

Councilmembers Gabe Teran and Bert Perello participated via videoconference.

Housing Authority Commissioner Jose Andrade was present in person and Commissioner Francisco Vega participated via videoconference.

Councilmember Oscar Madrigal joined the meeting at 7:22 p.m.

Staff members present in person were Alexander Nguyen, City Manager; Ashley Golden, Assistant City Manager; Shiri Klima, Deputy City Manager; Stephen M. Fisch er, City Attorney; Ken Rozell, Chief Assistant City Attorney; John Colamarino, Assistant Fire Chief; Michael Wolfe, Public Works Director; Tatiana Arnaout, City Engineer; Terrell Harrison, Cultural and Community Services Director; Steve Naveau, Human Resources Director ; Mike More, Human Resources Manager; Emilio Ramirez, Housing Director; Elsa Brown, Affordable Housing Manager; Joe Pearson, Planning and Sustainability Manager; Kathleen Mallory, Planning and Sustainability Manager; and Dee Lai, Assistant City Clerk.

Staff members Betsy George, Chief Financial Officer and Jennifer Hiraoka, Senior Manager Internal Controls participated via videoconference.

Henry Casillas, M.A., California Realty Ventures, Real Estate Broker also participated via videoconference.

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

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

C. CLOSED SESSION (5:00 PM)

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – (Government Code section 54956.8) Property: Oxnard Transportation Center, Fourth Street and Oxnard Boulevard (APNs 201021138, 201016012, 201016013, 201016011, 201016010, 201016009, 201016008, 201016007, 201021130, 201021104, 201021136, 201021122, 201021123, 201021115, 201021114, 201021113, 201021112, and 201021111)
Agency Negotiator: Emilio Ramirez, Housing Director; Ashley Golden, Assistant City Manager; Alex Nguyen, City Manager;
76 DECEMBER 7, 2022 OXNARD CITY COUNCIL PAGE 2

SPECIAL COUNCIL MEETING

Negotiating Party: Hugo Martinez, WPH Holdings
Under Negotiation: Price and terms of payment
Legislative Body: City Council

CONFERENCE WITH REAL PROPERTY NEGOTIATORS – (Government Code section 54956.8) Property: Plaza Park East (APNs 202010524, 202010522, 202010520, 202010512, 202010518, 202010523, 202010521, 202010519 and 202010517)
Agency Negotiator: Emilio Ramirez, Housing Director; Ashley Golden, Assistant City Manager; Alex Nguyen, City Manager;
Negotiating Party: Hugo Martinez, WPH Holdings
Under Negotiation: Price and terms of payment
Legislative Body: City Council

CONFERENCE WITH REAL PROPERTY NEGOTIATORS – (Government Code section 54956.8) Property: Plaza Park North (APNs 202010121, 202010123, 202010120, 202010122, 202010143, 202010137, 202010135, 202010133, 202010131, 202010129, 202010127, 202010125, 202010136, 202010140 and 202010141)
Agency Negotiator: Emilio Ramirez, Housing Director; Ashley Golden, Assistant City Manager; Alex Nguyen, City Manager;
Negotiating Party: Vince Daly, The Daly Group
Under Negotiation: Price and terms of payment
Legislative Body: City Council

At 5:05 p.m., the City Council recessed to a closed session. At 6:03 p.m., the City Council reconvened in open session in the Council Chambers. The City Attorney announced that there were no reportable actions out of closed session.

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

E. CEREMONIAL ITEMS

1. SUBJECT: Special Guest from the North Pole.

Santa Claus came to visit the City of Oxnard from the North Pole to spread some holiday cheer.

F. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Public comments were received from Douglas Partello (Cabrillo Neighborhood Council meeting agenda packet, City’s pension debt and bond debt).

G. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY

H. CITY COUNCIL REPORTS

Councilmember Basua expressed her condolences to the Stocks family on the passing of Steven W.

Stocks, former President of the Board of Trustees for the Oxnard Union High School.

Councilmember Perello thanked the residents and volunteers who donated funds and food for the 77 DECEMBER 7, 2022 OXNARD CITY COUNCIL PAGE 3

SPECIAL COUNCIL MEETING

2022 Annual Channel Islands Harbor Holiday Food & Toy Drive held at the Fisherman’s Wharf.

Councilmember Teran invited resident to attend their upcoming South Bank Neighborhood Council meeting. He thanked the Recreation and Community Services Department staff for organizing the 2022 Oxnard Christmas Parade and the City of Oxnard Tree Lighting Ceremony Downtown at Plaza Park. He also thanked the Public Works Department staff and contractors for the great work being done on the Doris Construction project. He congratulated the Oxnard College Men’s soccer team who won the California State Championship Title.

Mayor Pro Tem MacDonald anno unced the upcoming Santa To The Sea Half Marathon which is a great way to celebrate festive cheer with the entire family. This point to point course starts at the historic Santa Claus, off the 101 freeway, runs through Oxnard’s famous strawberry fields, t hen through downtown Oxnard.

Mayor Zaragoza also thanked the City staff and volunteers who organized the 2022 Oxnard Christmas Parade and the City of Oxnard Tree Lighting Ceremony Downtown at Plaza Park . He said that the events were well attended and that everyone had a great time. He wished everyone happy holidays.

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

J. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
Public comments were received from Ray Blattel (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 1, 2022 regular meetings as presented.

2. Human Resources Department SUBJECT: Memorandum of Understanding - Oxnard Public Safety Managers Association.

RECOMMENDATION: That the City Council of the City of Oxnard adopt Resolution No. 15,649 approving the successor Memorandum of Understanding between the City of Oxnard and the Oxnard Public Safety Managers Association and authorizing the City Manager or designee to take the necessary administrative actions to implement the agreement.

3. Housing Department

SUBJECT: Loan Agreement between the City of Oxnard and the Oxnard Housing Authority for the Acquisition of Oxnard Community Development Commission Successor Agency-owned property for the future development of affordable housing in the Meta Street area.

RECOMMENDATION: 1. That the City Council adopt Resolution No. 15,650 approving and authorizing the City Manager or Designee to execute and take all needed actions in consultation with the City Attorney relative to entering into a Loan Agreement with Oxnard Housing Authority for the acquisition of property designated as Assessor Parcel Numbers 201-0-213-130 78 DECEMBER 7, 2022 OXNARD CITY COUNCIL PAGE 4

SPECIAL COUNCIL MEETING

and 140 and 201-0-272-020 and 030 located in the City of Oxnard and other matters pertaining thereto;

2. That the Board of Commissioners of the Housing Authority of the City of Oxnard adopt Housing Authority Resolution No. HA 1335 approving and authorizing the Housing Director to take all needed actions in consultation with general counsel relative to entering into a Loan Agreement with the City of Oxnard for the acquisition of property designated as Assessor Parcel Numbers 201-0-213-130 and 140 and 201-0-272-020 and 030 located in the City of Oxnard and other matters pertaining thereto; and

3. The City Council approve a budget appropriation of $212,740 from the Affordable Housing In-Lieu Fund.

(The Community Services, Public Safety, Housing & Development Committee approved 3-0 on October 25, 2022.)

4. Housing Department
SUBJECT: Pleasant Valley Window Replacement Project for Public Housing Units located at Squires Drive and Trevino Terrace.

RECOMMENDATION: That the Board of Commissioners of the Housing Authority of the City of Oxnard:

Approve and authorize the Chairman to execute a firm-fixed price contract in the amount of $1,017,512.98 with Newton Construction & Management (Agreement number A-8498) using funds appropriated from the 2022 Capital Fund grant to replace windows at the Pleasant Valley Village public housing site.

(The Community Services, Public Safety, Housing & Development Committee approved 3-0 on October 25, 2022.)

5. Housing Department
SUBJECT: Oxnard Housing Authority's purchase of two multi-family residential properties, for one dollar, located at 2051 Mariposa Street and 1250 Azalea Street from the City of Oxnard.

RECOMMENDATION: 1. That the City Council:

i. Adopt Resolution
No. 15,651 authorizing the City Manager or designee to execute and take all needed actions in consultation with the City Attorney relative to entering into a Purchase and Sale Agreement and a Regulatory Agreement and a Declaration of Restrictive Covenants by and between the City of Oxnard and the Housing Authority of the City of Oxnard for the sale of two multi-family residential properties located at 2051 Mariposa Street and 1250 Azalea Street; ii. Authorize the transfer of $183,720.32 from Fund 219 to the Housing Authority of the City of Oxnard; and
iii. Authorize the transfer of $116,279.68 from the Inclusionary In-Lieu Fund (Fund Number 371) to the Housing Authority of the City of Oxnard

2. That the Board of Commissioners of the Housing Authority of the City of Oxnard:

79 DECEMBER 7, 2022 OXNARD CITY COUNCIL PAGE 5

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i. Adopt Housing Authority Resolution No. HA 1336 approving and authorizing its Executive Director or designee to execute and take all needed actions in consultation with Authority’s General Counsel relative to entering into a Purchase and Sale Agreement and a Regulatory Agreement and a Declaration of Restrictive Covenants by and between the City of Oxnard and the Oxnard Housing Authority for the sale of two multi-family residential properties located at 2051 Mariposa Street and 1250 Azalea Street; ii. Accept the transfer of $183,720.32 from Fund 219 from the City of Oxnard; and iii. Accept the transfer of $116,279.68 from the Inclusionary In-Lieu Fund (Fund Number 371) from the City of Oxnard.

(The Community Services, Public Safety, Housing & Development Committee approved 3-0 on October 25, 2022.)

6. Fire Department SUBJECT: Appropriation of Wildland Fire Reimbursement Revenue.

RECOMMENDATION: That City Council appropriate $303,068 to the Fire Department to restore the Department’s original training budget; to improve and expand training related to mutual aid response; and to acquire equipment and supplies needed for mutual aid response to wildland fire events.

(Finance and Governance Committee approved 3-0 on October 25, 2022.)

7. Fire Department
SUBJECT: Authorization to submit grant applications to Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant (Matching requirement of up to $153,622).

RECOMMENDATION: That City Council adopt Resolution No. 15,654:

1. Authorizing the submission of seven (7) grant applications to the FEMA Assistance to Firefighters Grant for $1,689,842, including a 10% local match for the purpose of procuring ten (10) LUCAS devices, a Type 3 apparatus, an air compressor, paramedic school, and USAR, HazMat and Fire Prevention training;

2. Authorizing the City Manager or designee to execute the grant agreements if grant funds are awarded to the City;

3. Authorizing the Chief Financial Officer or designee to submit financial reports and grant claims for the use of match and grant funds and perform all other required financial actions; and

4. Authorizing the Fire Chief or designee to submit non-financial reports.

8. Community Development Department
SUBJECT: Adoption Resolution No. 15,652Approving the Final Climate Action and Adaptation Plan.

RECOMMENDATION: That the City Council adopt Resolution No. 15,652 approving the Addendum to 2030 General Plan Certified Program Environmental Impact Report (PEIR; SCH # 2007041024) and the Final Climate Action and Adaptation Plan (CAAP).

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9. Finance Department SUBJECT: Accounting and Financial Reporting Risk Assessment Update.

RECOMMENDATION: That the City Council receive the Risk Assessment Update regarding accounting and financial reporting as part of the Internal Control Integrated Framework pursuant to City of Oxnard Finance Policy (FPOL) 1.05.

(Finance and Governance Committee approved 3-0.)
Council made a motion to vote on the Housing Authority Consent Agenda Items K.3, K.4, & K.5 separately:

It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Basua, to approve the recommended action. VOTE: Basua, MacDonald , Teran, and Zaragoza voted in favor; motion passed 4-0.

Councilmembers Madrigal and Perello were absent during this vote.

Housing Authority Consent Items No. K.3 - K.5:

It was moved by Mayor Pro Tem MacD onald, seconded by Councilmember Basua, to approve the recommended action as presented. VOTE : Basua, MacDonald, Teran, Zaragoza, Commissioners Andrade and Vega voted in favor; motion passed 6-0. Councilmembers Madrigal and Perello were absent during this vote.

Consent Items K.1 - K.2 and K.6 - K.9:

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

L. PUBLIC HEARINGS

1. Community Development Department
SUBJECT: General Plan Amendment to the 2030 Safety & Hazards Chapter (Planning & Zoning Permit No. 22-620-01). (30 minutes)

RECOMMENDATION: That the City Council conduct a public hearing and approve Resolution No. 15,653 (1) amending the Safety & Hazards Chapter (Chapter 6) and Implementation Chapter (Chapter 9) of the City’s 2030 General Plan to make reference to the Local Hazard Mitigation Plan and (2) determining that the amendment is exempt from review under the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061(b)(3).

(This item did not originate in Committee.)

The City Clerk announced the affidavit of publication and stated that no written communications were received.

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

Mayor Zaragoza o pened the public testimony portion of the public hearing. No p ublic comments were
received.
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Without objection, the Council approved closing the public testimony portion of the public hearing.

Discussion ensued among the Council and staff.

It was moved by Councilmember Basua, seconded by Councilmember Perello , to approve the recommended action as presented. VOTE: Basua, Perello, Teran, MacDonald and Zaragoza voted in favor; motion passed 5-0. Councilmember Madrigal was absent.

M. REPORTS

1. Community Development Department

SUBJECT: Project Name: Encanto Homes Affordable Housing In-Lieu Fee Request: Planning and Zoning (PZ) Permit No. 22-600-03 (Pre-Application) located at 1101 and 1111 West Second Street & 1101 West First Street. (20 minutes)

RECOMMENDATION: That the City Council allow the payment of the City’s Affordable Housing In-Lieu Fee estimated at $473,000 instead of constructing three low income affordable housing units onsite for an approved 27-unit residential project.

(This item did not originate in Committee.)

Ashley Golden, Assistant City Manager presented and answered questions. Public comments were received from Douglas Partello and Henry Alvarado. Discussion ensued among the Council and staff.

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

2. Public Works Department

SUBJECT: Second Amendment to Professional Services Agreement A-8294 with Brown and Caldwell for Primary Clarifiers and Activated Sludge Basins Improvement Project PW 21-17. (10 minutes)

RECOMMENDATION: That the City Council approve and authorize the execution of a Second Amendment to a Professional Services Agreement with Brown and Caldwell to increase the not to exceed amount from $1,173,413 to $1,212,473 for additional design work required for the Primary Clarifiers & Activated Sludge Improvements.

(This item is categorically exempt from the California Environmental Quality Act pursuant to 14 C.C.R. § 15306)

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

Tatiana B. Arnaout, P.E., City Engineer presented and answered questions . No public comments were received.

It was moved by Mayor Pro Tem MacDonald , s econded by Councilmember Basua, to approve the 82 DECEMBER 7, 2022 OXNARD CITY COUNCIL PAGE 8

SPECIAL COUNCIL MEETING

recommended action as presented. VOTE: Basua, MacD onald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion passed 6-0.

N. ADJOURNMENT
There being no further business on the agenda, and w ithout objection, Mayor Zaragoza adjourned the meeting at 7:32 p.m.

ROSE CHAPARRO JOHN C. ZARAGOZA
City Clerk Mayor

83 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.2

DATE: January 3, 2023

TO: City Council

FROM: Helen Miller, Chief Information Officer, (805)385-7446, [email protected]

SUBJECT: City of Oxnard Website and Email Update (change from .org to .gov).

RECOMMENDATION

That the City Council approve and authorize the Mayor to sign the required federal government authorization letter(s) requesting and maintaining the City of Oxnard's registration of the City's chosen .gov domain name(s) used for City website and online services, including City email.

(Finance and Governance Committee approved 3-0)

BACKGROUND

The federal government passed the DOTGOV Online Trust in Government Act in December 2020. The Act encourages state and local agencies to shift to a .gov website domain from a .com or .org website domain. The Act includes support from the federal government such as technical services and security enhancements as it transfers .gov website security over to the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA).

The Act’s overarching benefit is the strengthening of government website security. Local government benefits include the waiving of all registration costs, improved cybersecurity, and enhanced trust among citizens. This is an important pathway as local governments have been a favorite target of cyber criminals, making up 44% of global ransomware cyber-attacks in 2020 per a study by Barracuda Networks.

The choice to transition the City to .gov is aimed at maintaining the public’s trust and enhancing the City’s online presence and services. The City of Oxnard’s domain name is central to our brand and availability on the internet. Moving to .gov makes it easier for the public to know they are accessing official city services and information. It is also key to our organization’s security and protecting users such as staff, residents, vendor partners, and the general public from online threats ranging from phishing attempts to misinformation or scam websites. Also, the timing for a .gov transition is ideal because the City is currently implementing a new modern public website estimated to roll out in the summer/fall of 2023.

DISCUSSION

Transitioning the City of Oxnard from our current .org domain to the more secure .gov domain will make it easy to identify our City as an established US-based government organization on the internet. This is because .gov can only be issued by the US government and requires registrants to submit evidence that they are a legitimate government entity.

This makes it much harder to spoof a website or create malicious links to non-government sites.

City staff also anticipate that the federal government may, in the future, require .gov as a prerequisite for local governments to qualify for federal and state grant opportunities. Transitioning prior to .gov becoming a mandate means the City will be ready to take timely advantage of future cybersecurity or cyber-maturity dependent grant opportunities.

The City must register for its .gov name by completing and remitting a predefined federal government authorization letter 84 template on City letterhead and signed by the City’s highest-level elected official, the Mayor. The letter requests the desired City of Oxnard domain name, agrees to meet general and specific requirements of federal agencies, and lists the City’s administrative, technical, and security contact information. It will take at least twenty business days for the federal government to approve this request.

Adhering to the strict .gov naming conventions required by the federal government, these are the City staff recommended domain name options listed in order of preference:
• Oxnard.gov (permitted exception request) • OxnardCA.gov (compliant request)
• CityofOxnardCA.gov (compliant request)

From a resident perspective, the transition to .gov will be seamless because accessing the City’s website content via the current .org website address will automatically be redirected to the new .gov website address.

Eventually, the City will move to .gov email addresses for its staff in FY 23/24. When this happens, the City, employees and those who correspond with the City will have even higher levels of protection as it is difficult to impersonate .gov email accounts.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

There may be costs associated with this change because a domain name shows up in more places than just online.

Possible costs result from changing the City's branding over time to reflect the new .gov website and staff .gov email addresses. Examples of changes might include letterhead, business cards, vehicle signage/ license plates, and public signage. These changes can be made gradually. It's anticipated that these costs are absorbed into the City departments' operational budgets.

COMMITTEE OUTCOME

The Finance and Governance Committee approved 3-0 on December 13, 2022, to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Helen Miller, Chief Information Officer

ATTACHMENTS

1. DOTGOV .gov Authoriziation Letter Template City

85 DOTGOV (.gov) Authorization letter
template: City/County
[City government letterhead]
[Date]
.Gov Domain Registration
c/o Verisign, Inc.
12061 Bluemont Way
Reston, Virginia 20190
To the .gov Program:

As authorizing authority for [City/County], I request that responsibility for the domain name [___________.gov] be delegated to my municipality. [Briefly describe the mission or initiative that drives the domain name request, explaining what the domain name will be used for.]
In order to obtain and maintain [___________.gov] [City/County] will meet the general and specific requirements for federal agencies, found
at https://home.dotgov.gov/registration/requirements.

The following will be listed as contacts for [___________.gov], which [City/County] will keep up to date in the .gov registrar.
[Administrative and technical contacts are named individuals and must be unique; a security contact should generally be a team email address.] Administrative contact
First Last
Title
Address
Phone number
Email address
Technical contact
First Last
Title
Address
86 Phone number
Email address
Security contact [recommended]
Email address
I understand that if I wish to retire [___________.gov], I must submit a written request to [email protected].

Sincerely,
[Signature]
[Name]
[Title]
87 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.3

DATE: January 3, 2023

TO: City Council

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

SUBJECT: Acquisition of Easement Located at 2382 Etting Road, Oxnard, California, Ocean View School District.

RECOMMENDATION

That the City Council approve and authorize the:

1. Execution of a Right of Way Agreement with Ocean View School District (A-8502) to purchase a Permanent Roadway Easement and Temporary Construction Easement located at 2382 Etting Road, Oxnard, (the “Property”);

2. Execution of an Easement Deed for APN 232-0-010, -100;

3. Public Works Director or City Engineer to take any additional necessary actions to facilitate any necessary extension of the temporary construction easement, including authorizing additional payment not to exceed $10,000; and

4. City Manager to take any additional necessary actions to facilitate the acquisition of the property consistent with the terms of the transaction approved by the City Council.

(This item is categorically exempt from the California Environmental Quality Act pursuant to title 14 of the California Code of Regulations section 15061(b)(3).)

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

BACKGROUND

The Etting Road Bicycle and Pedestrian Facilities Installation Project (Project) is a Capital Improvement Project with an Active Transportation Program grant, which will connect the City’s bicycle and pedestrian facilities from neighborhoods in southeast Oxnard to the Mar Vista Elementary School, Ocean View Junior High School, and Ocean View School District offices. The project will install sidewalk, curb, gutter, ADA access ramps, flashing beacons, high visibility crosswalks, bike lanes, striping, signage, and street lights.

On April 6, 2021, City Council executed a Professional Services Agreement with Huitt-Zollars, Inc. for final plans, specifications, estimates and right-of-way acquisition for the Project.

Capital Improvement Program (CIP) Reference:

Project No. (203104) - Etting Road Bicycle and Pedestrian Facilities Installation Project - CIP 2022-2027 - Adopted May 3, 2022.

DISCUSSION

88 In order to make room for the bicycle and pedestrian improvements, the project requires a 3,004 sq-ft permanent easement and 13,351 sq-ft temporary construction easement located on the north frontage of the Ocean View School District property.

Based upon an appraisal from a real estate subconsultant, the Ocean View School District was provided an offer on behalf of the City to purchase both a permanent and temporary construction easement adjacent to the Ocean View School District, Ocean View Junior High School and Mar Vista Elementary School.

On August 9, 2022, the Ocean View School District adopted Resolution No. 22-03 declaring its intention to convey the easements to the City, and further called a public hearing. On October 11, 2022, the Ocean View School District adopted Resolution No. 22-09 authorizing the dedication of the permanent and temporary easements to the City. They have executed a Right of Way Agreement, Easement Deed, and Temporary Construction Easement.

Before the City Council may purchase the easement, pursuant to Section 65402 of the Government Code, the Planning Commission must first consider and determine whether the easement conforms to the General Plan and forward that determination to the City Council.

The Planning Commission adopted Resolution 2022-37 on November 3, 2022, affirming that the City of Oxnard’s proposed acquisition of the easements are in conformance with the City of Oxnard 2030 General Plan and recommended that the City council order the acquisition. The site is located within the 2030 General Plan land use designation of School (SCH) and is zoned Community Reserve (CR) in the City of Oxnard.

The Temporary Construction Easement can be executed by the Director of Public Works or the City Engineer and is valid for one-year. Should any extensions become necessary and additional value be determined by appraisal, Staff is requesting that City Council authorize the Public Works Director or City Engineer to take any additional necessary actions, including authorizing additional payment not to exceed $10,000, to extend the easement.

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 Permanent Easement is $44,609 and the cost for the Temporary Construction Easement is $20,027, for a grand total of $64,636. These costs are covered by grant funding, and are based upon appraisals from the City’s professional real estate consulting firm. There is sufficient funding in Project 203104/C2005 for this action, which includes the State Transportation Grant (Fund 210) in the amount of $40,000, and Air Pollution Buydown Fee (Fund 118) in the amount of $26,636, in the approved Fiscal Year 2022-23 budget. Additional costs, up to $10,000, for any extensions to the Temporary Construction Easement, will be allocated during the construction phase and funded from the existing project budget.

COMMITTEE OUTCOME

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.

Prepared by: Tatiana Arnaout, City Engineer

ATTACHMENTS

1. Location Map and Photos

2. Right of Way Agreement

3. Easement Deed

4. Appraisal Summary Statement

5. Temporary Construction Easement

6. Ocean View School District Resolution 22-09
89 90
!(
£¤101£¤101
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The City does not make any representations or warranties regarding the use, accuracy, reliability, and/or completeness of this map and no decision involving a risk of economic loss or physical injury should be made in reliance thereon. µ
Legend
!( Project Location
City Limits
ETTING ROAD BICYCLE & PEDESTRIAN FACILITIES INSTALLATION (PW21-34):

EXHIBIT 1 - PROJECT LOCATION (page 1 of 2)
2,000 0 2,000 4,000
Feet
Created by:

Geographic Information Systems Division
July 2019
Data Source:

City of Oxnard GIS Division
County of Ventura GIS Program
91 Red – Property Line; Orange – Temporary Construction Easement Red – Property Line; Blue – Permanent Easement
ETTING ROAD BICYCLE & PEDESTRIAN FACILITIES INSTALLATION (PW21-34):

EXHIBIT 1 - PROJECT LOCATION (page 2 of 2)
92 93
94 95
96 97
98 99
100
101
102
103
104

APPRAISAL SUMMARY STATEMENT

BASIC DATA
P
ROJECT: City of Oxnard – Etting Road Pedestrian and Bicycle I
mprovement Project
ASSESSOR’S PARCEL NO. (AP#): 232-0-010-020, -065, -100
O
WNER: Ocean View School District
P
ROPERTY LOCATION: 2382 Etting Road, Oxnard, California
A
PPLICABLE ZONING: CR (Community Reserve)
C
URRENT USE OF SUBJECT PROPERTY: Public School
H

IGHEST AND BEST USE OF SUBJECT
PROPERTY:

Residential
DATE OF VALUATION: April 12, 2022
T
OTAL PROPERTY AREA: 128,938 sq. ft.

P
ROPERTY TO BE ACQUIRED: ALL [ ] PART [ X ]
Permanent Easement: 3,004 sq. ft.

Temporary Construction Easement: 13,351 sq. ft.

IMPROVEMENTS TO BE ACQUIRED: None
B

ASIS OF APPRAISAL
T
he market value for the property to be acquired is based upon an appraisal done by a certified and state- licensed appraiser, which was prepared in accordance with accepted appraisal principles and procedures.

Recent sales of comparable properties, income data, and depreciated replacement costs are utilized as appropriate. Full consideration is given to zoning, development potential, and the income that the subject property is capable of producing. There are three approaches to value:

1. The Market Approach for the subject property is based on the consideration of comparable sales which sold within a reasonable time prior to the date of valuation, at a range of $5.53 to $39.67 per square foot. The principal transactions used as comparable sales relied upon as the basis for supporting the determination of value are attached to this Appraisal Summary Statement.

2. The Cost Approach is based in part on a replacement cost new of improvements, less depreciation. This approach was not utilized in this analysis since no structural improvements will be affected.

3. The Income Approach is based upon consideration of the income producing potential of the property. This approach was not utilized in this valuation process as it was deemed inapplicable to this specific case.
105

VALUATION

Permanent Easement:
3,004 sq. ft. @ $15 per sq. ft. x 99% = $44,609

Temporary Construction Easement:
13,351 @ $15 per sq. ft. x 10% per annum x one year = $20,027

Total Land Value: $64,636
Improvements: None
Total Improvement Value: $0

Severance Damages: None $0

Benefits: None $0

Total Net Damages/Benefits: $0

Total Just Compensation for this Acquisition: $64,636

SIXTY FOUR THOUSAND, SIX HUNDRED THIRTY-SIX DOLLARS ($64,636)

This summary of the basis of the amount offered as just compensation is presented in compliance with federal and state laws and has been derived from a formal appraisal prepared by a certified and state- licensed real estate appraiser, which includes supp orting sales data and other documentation. The appraisal is hereby confirmed approved and accepted by this agency and a purchase offer based thereon is hereby approved and authorized.

City of Oxnard
Approved for Purchase Offer and Acquisition:

By: _____________________________ Date: ___________ _________ Name: Tatiana B. Arnaout, P.E.

Title: City Engineer

Att: Comparable Sale List
Legal descriptions and plat

06/15/2022
106
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5. Pursuant to Code of Civil Procedure Section 1263.025, should you elect to obtain an independent appraisal, the City will pay for the actual reasonable costs of such an appraisal up to a maximum of $5,000 subject to the following conditions:
a. You, not the City, must order the appraisal. Shoul d you enter into a contract with the selected appraiser, the City will not be a party to your contract with an appraiser. b. The selected appraiser must be licensed with the Ca lifornia Office of Real Estate Appraisers (OREA). It is also recommended that suc h appraiser be experienced and qualified in the appraisal of easements if this off er is to purchase easements rather than the fee interest in your property.
c. Within 30 days of your receipt of this offer, you m ust notify the City of your intent to obtain an independent appraisal.
d. Appraisal cost reimbursement requests must be made in writing, and submitted to the City within 30 days of your receipt of the independ ent appraisal and no later than 120 days of your receipt of this offer. Copies of the c ontract (if a contract was made), appraisal report, and invoice for completed work by the appraiser must be provided to the City concurrent with submission of the appraisa l cost reimbursement request. The appraisal costs must be reasonable and justifiable.

6. No person in the United States of America shall, on the grounds of race, color, national origin, sex, age, or disability be excluded from the partic ipation in, be denied the benefits of, or be otherwise subjected to discrimination under any Cit y programs or activities. If federal funding is being utilized in the project for which your property is being sought, notice is hereby provided that it is the policy of the City to assure full co mpliance with Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987, and related statutes and regulations, in all programs and activities undertaken by the City. An y person who believes they have been subjected to unlawful discriminatory practice under Title VI has a right to file a formal complaint with the City.

7. The owner of a business conducted on a property to be acquired, or conducted on the remaining property which will be affected by the purchase of the required property, may be entitled to compensation for the loss of goodwill. Entitlement is contingent upon the business owners’ ability to prove such loss in accordance with the p rovisions of Sections 1263.510 and 1263.520 of the Code of Civil Procedure.

8. If you ultimately elect to reject this offer for th e purchase of your property, you are entitled to have the amount of compensation determined by a cou rt of law in accordance with the laws of the State of California.

108

109
HUITT-ZOLLARS, INC.
2603 Main Street
Suite 400
Irvine, CA 92614-4250
949.988.5815 phone
949.988.5820 fax
huitt-zollars.com R:\R313455.01\02\02.10\Etting Road ROW Ded.doc
R
313455.01
5-12-2022
EXHIBIT "A"

LEGAL DESCRIPTION

RIGHT OF WAY DEDICATION
That portion of Parcel D of Subdivision 72, on the map entitled "Map No. 2 of Lands in Subdivisions Numbers 44, 69, 70, 71, 72, 73, 74, 75, 76, 81, 83 & 84 of Rancho El Rio De Santa Clara O' La Colonia", in the City of Oxnard, County of Ventura, State of California, as shown on the map filed in Book 3, Page 14, of Miscellaneous Records (Maps), in the office of the County Recorder of said County, described as follows:

Beginning at the Northerly terminus of that certain course in the Easterly line of the right of way line granted in that certain Right to Way Easement Deed, recorded September 3, 2019, as Document No. 20190903-00102907-0, of Official Records, in said office of the County Recorder, described as having a bearing and distance of "North 29°30'00" East

50.95 feet" in said Easement Deed, said beginning also being a point on the Southerly line of Etting Road as shown on that certain Record of Survey filed in Book 37, Page 74, of Records of Survey, in said office of the County Recorder; thence along said Southerly line South 89°59'00" East 385.40 feet; thence leaving said Southerly line South 00°01'00" West 7.75 feet to a line parallel with and 7.75 feet Southerly of said Southerly line; thence along said parallel line North 89°59'00" West 389.79 feet to the Easterly right of way line of said Right of Way Easement Deed; thence along said Easterly right of way line North 29°30'00" East 8.90 feet to the Point of Beginning.

Containing an area of 3,004 square feet, more or less.

Subject to covenants, conditions, reservations, restrictions, rights-of-way and easements, if any, of record.

All as shown on Exhibit "B" attached hereto and by this reference made a part hereof. ___________________________________
DAVID W. MACKEY, PLS 8912
EXHIBIT "A"
110
EXHIBIT "B"
111
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PROPOSED TEMPORARY CONSTRUCTION EASEMENT
R:\R313454.01 - ETTING RD BICYCLE-PEDESTRIAN FACILITY\10 CADD & BIM\10.13 CIVIL\EXHIBITS\31345401RWAQC- REV1.DWG EXHIBIT "A'"
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CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.4

DATE: January 3, 2023

TO: City Council

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

SUBJECT: Appropriation of Bond Proceeds.

RECOMMENDATION

That the City Council:

1. Approve the proposed list of redevelopment bond proceeds projects;

2. Authorize the re-allocation of all remaining 2006 Ormond Beach Tax Allocation Bond (TAB) Proceeds for the purpose of completing the Hueneme Road work related to the Ormond Beach Neighborhood Street Resurfacing project;

3. Authorize a budget appropriation of $30,655 from the General Fund (101) and corresponding Capital Outlay Fund (301) for the Roof Replacement: South Oxnard Center project (# C2010);

4. Authorize the re-allocation of all remaining 2006 HERO TAB Proceeds for the purpose of completing the Roof Replacement: South Oxnard Center project and for paving more alleyways; and

5. Authorize the re-allocation of all remaining 2006 Southwinds TAB Proceeds for the purpose of adding park benches and trash enclosures at Southwinds Park.
(Pursuant to Sections 15061(b)(3) and 15378 of the California Environmental Quality Act (CEQA) Guidelines, this item is not a “project” subject to CEQA.)

(Finance and Governance Committee approved 3-0.)

BACKGROUND

In a series of actions taken by the former Oxnard Community Development Commission in 2006, separate tax allocation bond issues were sold for the Historical Enhancement and Revitalization of Oxnard (HERO), Ormond Beach, and Southwinds Project Areas (the “Project Areas” - see Attachment 1 for maps). These bonds were required to be used to provide financing for redevelopment activities in these Project Areas and are collectively referred to as the Bond Proceeds. In November 2014, through a series of approvals and an agreement, the Successor Agency transferred the Bond Proceeds to the City. The bond documents allow a broad range of projects to be undertaken in the Project Areas.

Expenditures are restricted to the geographic boundaries of each Project Area for which the bonds were sold, and they must be used for construction of new public facilities or improvements.

On April 2, 2019, in conjunction with adoption of the 2019-2024 City of Oxnard Five Year Capital Improvement Program (“CIP”), staff requested that Council approve a proposed list of projects for the Bond Proceeds and appropriate funding to these projects. On March 16, 2021, staff returned to the Council to revise the list of projects because some of the projects were determined to be no longer viable.

For reference, this staff report references the City’s capital improvement programs (CIPs) from 2019-24 through 2022-27.

For quick reference, these CIPs can be found at the following links:
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• CIP 2019-24: https://www.oxnard.org/wp-content/uploads/2019/04/CIP.pdf • CIP 2020-25: https://www.oxnard.org/wp-content/uploads/2020/09/CIP20-25-Final.pdf • CIP 2021-26: https://www.oxnard.org/wp-content/uploads/2021/08/CIP-2021-2026_FINAL.pdf • CIP 2022-27: https://www.oxnard.org/wp-content/uploads/2022/11/CIP22_27_Final.pdf

DISCUSSION

Ormond Beach Bond Proceeds

Below is the status of the prior projects within the Ormond Beach area:

1. Perkins Road Bike Lanes
Install Class II and Class III bicycle lanes, bicycle detection, and pedestrian improvements including median bulb-outs, and signing and striping on Perkins Road. This is in the 2019-24 CIP on page 86 under the broader project titled “Bicycle & Pedestrian Facilities.” The Perkins Road portion of this project was budgeted for $500,000 and will be completed in late Spring 2023.

2. Ormond Beach Neighborhood Street Resurfacing
Resurfacing of several streets within the Ormond Beach Neighborhood–including Cypress Road, Arcturus Avenue, Edison Drive, Magellan Avenue, and Mcwane Boulevard–as well as median rehabilitation and gateway upgrades along Hueneme Road from J Street to Edison Drive, including replacement of medians, trees, street signs and gateway signs.

This is in the 2022-27 CIP on page 63. This project was appropriated $2,000,000, and Cypress Road, Arcturus Avenue, Edison Drive, Magellan Avenue, and Mcwane Boulevard were completed on September 26, 2022, for $1,968,917.

Hueneme Road work has not been completed due to needing to replace storm drains and cast iron first. Furthermore, there was not enough funding to complete the street and median work with the remaining HERO funds. Accordingly, we request an appropriation of $1,500,000 from the General Fund over the original $2,000,000 in Bond Proceeds to complete the street and median work.

3. Perkins Road Parking Lot Improvements
Parking lot improvements located at the terminus of Perkins Road, which includes resurfacing of the entire parking lot, new fencing and gates, light-up bollards, and two electric vehicle charging stations. This is in the 2022-27 CIP on page

67. The parking lot was resurfaced; however, the County will not allow the rest of the improvements because this property is on a landfill. This project was appropriated $600,000 and was completed on September 26, 2022, for $600,000.

4. Ormond Beach Commercial Area Fiber Expansion
Fiber network extension to Ormond manufacturing zoned area. This is on 2021-26 CIP page 72. Install approximately 7,000 feet of 144 strand fiber optic cable on Arcturus Avenue, McWane Boulevard, and Edison Drive. Of the $412,500 appropriated for this project, staff spent $48,188 on this project for design of the fiber lines and has closed out the project.

For various reasons, it does not make sense to install such fiber at this time, but these plans will be saved for future use.

5. Perkins Road Fiber Expansion
Fiber network expansion and connection to the stormwater pump station at the southern end of Perkins Road. This is on 2021-26 CIP page 73. This connection would facilitate the deployment of SCADA infrastructure to monitor the pump station in real-time, and the deployment of cameras connected to the wastewater CCTV security system to improve the safety and security of the pump station. Of the $153,450 appropriated for this project, staff spent $16,063 on this project for design of the fiber lines and will install the fiber lines in Spring 2023.

The balance of the Ormond Beach Bond Proceeds available for re-allocation is currently $364,312. Staff proposes using this balance, plus any other Ormond Beach Bond Proceeds (such as if the Perkins Road Bike Lanes or Fiber Expansion projects are completed under budget), to complete the Ormond Beach Neighborhood Street Resurfacing (item 2 above).

The remaining work on this project, including resurfacing and reconstruction of medians along Hueneme Road from J Street to Edison Drive, is estimated at $1,850,000, which exceeds the amount in the Ormond Beach Bond Proceeds; thus, the balance of the project cost will be paid by Measure E funds already appropriated for this purpose.

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HERO Bond Proceeds

Below is the status of the prior projects within the HERO area:

1. Civic Center ADA Improvements/ Thin Maintenance Overlay, Phase II Reconstruct sidewalks and parking lot surface to meet ADA requirements for the 305 West Third Street building in the City of Oxnard. This project was budgeted for $100,000 and was completed on December 7, 2020, for $100,000.

2. South Oxnard Center MPE Upgrade (including Fire System) Upgrade to the building's fire life safety system. Upgrade the mechanical, plumbing, electrical and fire safety systems.

Repair sidewalk, replace landscaping, and make interior improvements such as painting and general repairs. This is in the 2019-24 CIP on page 55. This project was budgeted for $250,000 and was completed on August 18, 2022 for $141,856.

3. Garden City Acres Park Improvements (Cypress)
Install new smart irrigation and new controller. Repair and resod damaged turf. Install an additional basketball court with lights. This is in the 2021-26 CIP on page 81. This project was budgeted for $350,000 in HERO funds and $342,729 in Quimby funds for a total budget of $692,729. The project was completed on July 18, 2022, for $491,581 ($310,964 HERO and $180,617 Quimby).

4. Saviers Road Street Resurfacing
Resurface existing asphalt concrete pavement on Saviers Road between Wooley Road and Hueneme Road. This is in the 2019-24 CIP on page 148. This project was budgeted for $1,100,000 and was completed on May 21, 2021, for $876,977.

5. Beck Park Basketball Court Upgrades
Resurface two basketball courts in Beck Park. This project was budgeted for $99,905 and was completed on May 6, 2022, for $71,730.

6. Council Chambers Remodel
Remodel of the City Council chambers including asbestos abatement, roof repair/replacement, ceiling replacement, production system improvements, and audio/visual upgrades. This is in the 2022-27 CIP on page 4. This project was budgeted for $300,000 from HERO (and $1,300,000 in PEG funding) and is anticipated to be completed by the end of December 2022 for $128,500 out of HERO funds.

7. Alleyways in HERO Boundary
In March 2021, staff listed 12 alleyways with some of the lowest pavement condition index (PCI) ratings within the HERO geographic boundaries. We explained that our goal was to pave all 12 listed alleyways, but that we would see how far the remaining HERO funding ($2,519,660) would stretch with this list. This is a subsector of the project titled Citywide Alleyway Reconstruction in the 2021-26 CIP on page 100. Using this allocation, staff has paved the following alleys:
• Alley east of Saviers Road (between Dollie Street and Pleasant Valley Road) • Alley east of A Street (between First Street and Second Street) • Alley north of Lark Street (between Samuel Avenue and Circle Drive) • Alley north of Glenwood Drive, alley east of C Street and alley south of Gonzales Road (between Oxnard Service Boulevard)
• Alley north of First Street (between A Street and Oxnard Boulevard) These alleys were completed on September 12, 2022, for a total amount of $1,006,846. Due to contractor delays, the following alleys are scheduled to be completed in late Winter 2023:
• Pleasant Valley Road Alley (between C Street and Saviers Road) • Alley east of J Street and alley north of Linden Drive (between J and Kamala Streets) • Alley east of D Street (between Fifth and Seventh Streets) • Alley east of Fournier Street (between Channel Islands Boulevard and Tamarac Street) • Alley east of Paula Street (between Clinton and Tamarac Streets) • Alley north of Maple Street (between Saviers Road and San Marino Street) 125
• Alley south of Ontario Street (between Ninth Street and Wooley Road) The estimated cost to complete these alleys is $1,764,304. Accordingly, we request an appropriation of $251,490 over the original $2,519,660 to complete this project.

8. Thompson Park, Community Center Park and Johnson Park Upgrades Replacement of aging and damaged playgrounds at Thompson Park, Community Center Park, and Johnson Creek Park.

This is in the 2022-27 CIP on page 36 under the larger project titled “Playground Replacement.” A contract was awarded on this project on July 28, 2022, and work began on November 7th, 2022. Staff anticipates the work will be completed on January 31, 2023. The project was budgeted for $399,696, and to date, approximately $8,994 has been expended on this project for design.

9. Roof Replacement: PACC Ventura/ Oxnard Rental Spaces Remove and replace the roofing material and metal flashing on the main rental spaces roof. This is in the 2022-27 CIP on page 17. This project was budgeted for $250,000 from HERO funds as well as $545,000 American Rescue Plan Act (ARPA) funding and $294,762 in Measure O Sales Tax. Staff bid this project out, and the lowest (though unresponsive) bid came in at approximately $1.4M; we will need to rebid this project, but we anticipate needing more funds which would require an additional ten percent over the bid amount for contingency and another ten percent for engineering and project management.Staff will request an additional appropriation for this project when staff brings this contract to Council for award.

10. Roof Replacement: South Oxnard Center
Replace the roof at the South Oxnard Center. This is in the 2022-27 CIP on page 18. This project was budgeted for $475,000. Staff has spent down $38,789 for design. Staff has bid this project out twice; the first time, we received no bidders, and the second time, the lowest bid came in at $649,960. Staff also needs an additional ten percent over the bid amount for contingency and another ten percent for engineering and project management. Accordingly, we request an appropriation of $349,043 over the original $475,000 to complete this project.

The balance of the HERO Bond Proceeds currently available for re-allocation is $569,878. Staff proposes using the balance of these funds, and any additional unspent HERO Bond Proceeds (for example, if one of the projects comes in below cost), to complete the Roof Replacement at the South Oxnard Center should that project need more funds and to pave more alleyways. The next few alleyways in the queue are the following:
• Alleys east and north of Sycamore Street (between Channel Islands Blvd and La Canada Avenue and Clinton Circle and Sycamore Street Alley)
• Alley north of La Canada Avenue (between Fournier Street and Sycamore Dr Alley) • Alley north of Clinton Circle (between Clinton St/Paula St and Sycamore St Alley) • Alley north of Paula Circle (between Paula Street and Sycamore Alley).

Staff intends to spend down the balance of the HERO funds on as many of these alleyways as we can complete. The list above is likely too ambitious, but staff is intentionally inserting more rather than less work so that we can spend down the full fund balance of HERO Bond Proceeds on these critical alleyways.

Southwinds Park Bond Proceeds

The only prior project within the Southwinds Park area is the Southwinds Park Basketball Court Resurfacing. This project entailed the resurfacing of two basketball courts and the installation of new backboards at Southwinds Park. This project was budgeted for $86,853 and was completed on October 22, 2022, for $65,614.

The balance of the Southwinds Bond Proceeds is $21,239. Staff proposes using the balance of these funds to replace aging park benches and trash enclosures at Southwinds Park.

Planning Commission Determination of Conformity with General Plan

The Planning Commission has already determined that projects in the CIP are in conformance with the City’s General Plan and relevant Coastal Land Use Plan policies. As required by the California Environmental Quality Act (CEQA), 126
environmental review will be conducted prior to construction of the individual projects identified within this staff report.

Any required environmental documents will be prepared pursuant to CEQA as part of project permit processing or at any other point in time as required by CEQA. The proposed appropriation of bond proceeds activity is not a “project” as the lead agency has determined with certainty that pursuant to CEQA Guidelines Sections 15061(b)(3) and 15378 the proposed funding document does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environmental review.

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 Budget Appropriation request on March 16, 2021, outlined the appropriation action totaling $4,391,468 of 2006 Tax Allocation Bond (TAB) Proceeds, of which $3,165,950 was for Ormond Beach, $86,853 was for Southwinds, and $3,298,476 was for HERO. Now, due to the requests listed in the body of the staff report, the table below outlines the appropriation action for an increase to General Fund (101) of $30,655, a budget re-allocation of $955,429 of 2006 Tax Allocation Bond (TAB) Proceeds, of which $364,312 is for Ormond Beach, $21,239 is for Southwinds, and $569,878 is for HERO.

Project Listing
Ormond 2006
TAB Allocation
(Fund 315)
HERO 2006 TAB
Allocation (Fund
315)
Southwinds 2006
TAB Allocation
(Fund 315)
General Fund
(101)
Ormond Beach Neighborhood Street
Resurfacing (#C2109)
364,312
Ormond Beach Commercial Area
Fiber Expansion (#C2126)
-364,312
South Oxnard Center MPE Upgrade
(including Fire System) (#C2011)
-108,144
Garden City Acres Park
Improvements (Cypress) (#C1402)
-39,036
Saviers Road Street Resurfacing
(#C2044)
-223,023
Beck Park Basketball Court Upgrades
(#C2129)
-28,175
Council Chambers Remodel
(#C2101)
-171,500
Alleyways in HERO Boundary
(#C2111)
251,490
Roof Replacement: South Oxnard
Center (#C2010)
318,388 30,655
Southwinds Park - Benches and Trash
Enclosures (#C23XX)
+21,239
Southwinds Park Basketball Court
Resurfacing (#C2107)
-21,239
Total New Appropriations 0 0 0 30,655

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COMMITTEE OUTCOME

The Finance and Governance Committee approved 3-0 on December 13, 2022, to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Shiri Klima, Deputy City Manager

ATTACHMENTS

1. Project Area Maps

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This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The City does not make any representations or warranties regarding the use, accuracy, reliability, and/or completeness of this map and no decision involving a risk of economic loss or physical injury should be made in reliance thereon. ± Legend
HERO
City Limits

HERO AREA
2,400 0 2,400 4,800
Feet
Created by:

Geographic Information Systems Division
October 2022
Data Source:

City of Oxnard GIS Division
County of Ventura GIS Program
129
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The City does not make any representations or warranties regarding the use, accuracy, reliability, and/or completeness of this map and no decision involving a risk of economic loss or physical injury should be made in reliance thereon. ± Legend
Ormond Beach
City Limits

ORMOND BEACH AREA
850 0 850 1,700
Feet
Created by:

Geographic Information Systems Division
October 2022
Data Source:

City of Oxnard GIS Division
County of Ventura GIS Program
130
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The City does not make any representations or warranties regarding the use, accuracy, reliability, and/or completeness of this map and no decision involving a risk of economic loss or physical injury should be made in reliance thereon. ± Legend
Southwinds
City Limits

SOUTHWINDS AREA
200 0 200 400
Feet
Created by:

Geographic Information Systems Division
October 2022
Data Source:

City of Oxnard GIS Division
County of Ventura GIS Program
131

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.5

DATE: January 3, 2023

TO: City Council

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

SUBJECT: Agreement 32300058 with Taft Electric Company for On-Call Traffic Signals Repairs and Maintenance Services, Specification No. PW 23-40.

RECOMMENDATION

That the City Council approve and authorize the City to execute an Agreement with Taft Electric Company in the amount not to exceed $300,000 for a three-year term for On-Call Traffic Signals Repairs and Maintenance Services.

(This item is categorically exempt from the California Environmental Quality Act pursuant to title 14 of the California Code of Regulations section 15301(c))

(Public Works and Transportation Committee approved 2-0.)

BACKGROUND

The On-Call Traffic Signal Services will provide City Traffic Engineering staff with much-needed support during day-to- day operations, and emergency issues. The on-call contractor will supplement staff’s capabilities with the ability to perform repairs that City staff does not have the capacity or the equipment to perform. Further, during emergency situations, the on-call contract will respond within 1 hour to an incident to make repairs, assisting City staff at locations where traffic collisions damage signal equipment, or where equipment has failed.

In July of this year, an agreement with a not to exceed amount of $300,000 was executed between the City and Taft Electric Inc for traffic signal repair and maintenance service for a three-year term however, the funds were utilized faster than expected. The City recently issued a task order under the July agreement to Taft for installation of video detection in the amount of $140,000 approximately in preparation for the upcoming pavement rehabilitation work scheduled for Gonzales Road. Additionally, Taft has completed several emergency traffic signal repairs between July and October 2022 in the amount equal to $75,000 due to traffic collisions. In order to continue the emergency signal repair and maintenance services, the City had to open a new bid and execute an agreement with the qualified bidder.

This will be a not-to-exceed agreement amount up to $300,000 and the term will be for three years. All work will be issued through task orders at the direction of the City Traffic Engineer. The work under this agreement will be at prevailing wage rates through task orders issued prior to the start of any work. The work includes furnishing all labor, materials, equipment and other incidentals to provide on-call traffic signals repairs, maintenance, replacement, construction and electrical services as directed by City staff.

Projects to be completed by Contractor are categorized as follows:

Non-Scheduled Urgent Repair Work

Contractor must verbally respond within 30 minutes of telephone notification by the City. Contractor must be on the site within one hour of the notification and begin work immediately. Urgent repairs are those where public interest and 132
necessity demand the immediate response to avoid harm to or to safeguard life, health or property.

Scheduled Repair and Maintenance Work

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

DISCUSSION

The notice inviting formal bids (NIFB) on the Project was published on September 15, 2022, and all bids were due on October 11, 2022. The City received the following bids in which the lowest bidder was based on a summary of hourly rates for various services and equipment:

Taft Electric Company: $3,346.04
Bear Electrical Solutions, Inc.: $18,130.00

The lowest bidder is Taft Electric Company and its bid is responsive to the City’s NIFB. Following this determination, procurement staff reviewed all documentation received from Taft Electric Company. Procurement staff verified possession of required currently valid licenses, reviewed the federal Occupational Safety and Health Administration (OSHA) website for safety violations, and verified registration with the California Department of Industrial Relations (DIR). Based upon the available information and research performed to date, staff believes that the contractor is capable of satisfactorily completing the project. Thus, staff recommends that the City Council award the contract for this Project to Taft Electric Company.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The total cost for this agreement with Taft Electric Company shall not exceed $300,000 over three years commencing in Fiscal Year 2022-23. Staff has projected the annual budget for this work of approximately $100,000 per year. Funds for Fiscal Year 2022-23 have been included in the Adopted Budget in the General Fund Traffic Signal Maintenance Division (Account No. 1013101-53200) for these on-call services. Funding for subsequent fiscal years will be requested in the recommended budgets.

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 2-0 on December 13, 2022, to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Tatiana Arnaout, City Engineer

ATTACHMENTS

1. Agreement No. 32300058

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Agreement No. 32300058
1 CITY OF OXNARD CONTRACT FOR

ON-CALL TRAFFIC SIGNALS REPAIRS AND MAINTENANCE SERVICES SPECIFICATION NO. PW 23-40
THIS CONTRACT (“Contract”) is made and entered this ______ day of _____________, 20___ (“Effective Date”), by and between the CITY OF OXNARD, a California municipal corporation (“City”) and Taft Electric Company (“Contractor”). Contractor’s license number is 772245.

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

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

2. Scope of Services. Contractor shall perform all Tasks in a good and workmanlike manner for the project identified as On-Call Traffic Signals Repairs and Maintenance Services Specification No. PW 23- 40 (“Project”), as described in this Contract and in the Contract Documents , t
hroughout the Contract Term. The Bid Sheets from the Contractor’s Bid Response are attached her
eto as “Exhibit A” and incorporated herein by this reference. The Special Provisions from the Contract Documents are attached hereto as “Exhibit B” and incorporated herein by this reference.

3. C ompensation. In consideration of the services rendered pursuant to the requirements listed in the Contract Documents, City shall pay Contractor for each Task in accordance with th e C
ontract Unit Pri ces submitted in the Bid and included in the attached Exhibit A , which in any case shall not exceed three hundred thousand dollars ($300,000) during the Contract Term.

4. Contract Term. The Contract Term shall begin on the Effective Date and end three (3) years thereafter, unless sooner terminated pursuant to the Contract Documents.

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

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

6. Prevailing Wages. City and Contractor acknowledge that the Tasks comprising the Project are public works to which prevailing wages apply. Once the Project Manager issues a Task Order, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the corresponding Task will be on file with the Project Coordinator at City Hall and
will be made available to any interested party on request. Contractor and all Subcontractors are not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless registered and qualified to perform public work pursuant to Labor Code Section 1725.5 at the time of Bid submission.

7. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every 134
Agreement No. 32300058
2 employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

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

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

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

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

12. Counterparts. This Contract may be executed in one or more counterparts, each of whic h shall be deemed an original, but all of which together shall constitute one and the same instrument. A signed copy of this Contract transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Contract for all purposes. This provision shall likewise apply to all Task Orders and other Contract Documents.
[signatures on following page]
135
Agreement No. 32300058
3 IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the first written above.

CI

TY OF OXNARD TAFT ELECTRIC COMPANY
John C. Zaragoza, Mayor1 Date James Marsh, CEO2 Date Alexander Nguyen, City Manager
Jennifer Yates, Purchasing Manager
[name] , Buyer
C arol Smith, Secretary Date
ATTEST:

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

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

If the company has a different structure, or if the above- listed persons are not the appropriate signers, please submit to the City Attorney legally -binding documentation stating who can sign and bind your company.
136
Agreement No. 32300058
4 Exhibit INS-D
INS

URANCE REQUIREMENTS FOR SMALL/MEDIUM CONSTRUCTION AND SERVICES CONTRACTS (WITHOUT BUILDER’S RISK REQUIREMENT)

1. Contractor shall obtain and maintain during the performance of any services under this Contract the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Contractor, its agents, representatives, employees or subcontractors. a. Com
mercial General Liability Insurance, including Contractual Liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with c overage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project location or shall be twice the occurrence amount;
b. Bu
siness Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;” c. If
architectural, engineering, or electrical work will be performed under the Contract, Professional Liability/Errors and Omissions Insurance appropriate to the work being done in an amount not less than $1,000,000, with neither Contractor nor listed subcontractors having less than $500,000 individually. The Professional Liability/Errors and Omissions Insurance must be project specific with at least a one-year extended reporting period, or longer upon request. d. Wor
kers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant.

2. Contractor shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS -D. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before work commences. City reserves the right to require complete certified copies of all required insurance policies at any time . The certificates of insurance and endorsements shall be sent via email (or fax if necessary) to the Risk Manager, addressed as follows (do not send hard copies):

City of Oxnard
Insurance Compliance
Reference No. Agmt No. 32300058
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected] Via
Fax: 678-259-1007

3. Co
ntractor agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M.

Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled by either party, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsi bility to give such notice.

4. Contractor agrees that the Commercial General Liability and Business Automobile Liability Insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS -D or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).

5. The
coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance or self-insurance coverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies 137
Agreement No. 32300058
5 shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

6. An
y deductibles or self-insured retentions must be declared to and approved by the Risk Manager. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City, its City Council, officers, employees and volunteers, or the Contractor shall procure a bond guaranteeing payment of losses and relate d investigations, claim administration and defense expenses.

7. All i
nsurance standards applicable to Contractor shall also be applicable to Contractor’s subcontractors. Contractor agrees to maintain appropriate agreements with subcontractors and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.
138
Agreement No. 32300058
6 INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS C
ertificates of Insurance
T
he sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identi fication information completed.

Improperly addressed certificates may delay the contract start -up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.

E
ndorsement Forms
O
riginal endorsements are required for general liability and automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that you use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the attached.
139
Agreement No. 32300058
7 SAMPLE

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

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

CODE SUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE

INSURED COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANY

LETTER B

COVERAGES

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

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

CO
LTR

TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY)
LIMITS

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

GENERAL AGGREGATE $1,000,000
PRO
DUCTS COMP/OP AGG. $1,000,000
PERSO
NAL & ADV. INJURY $1,000,000
EA
CH OCCURRENCE $1,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $

A AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

GARAGE LIABILITY

COMBINED SINGLE $1,000,000
LIM
IT
BODILY INJURY $
(Per person)
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE $

A EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM

EACH OCCURRENCE $
AGGREGATE $

A WORKERS' COMPENSATION
AND

EMPLOYERS' LIABILITY

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

A OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession; if architectural, engineering or electrical work will be performed under the Agreement
Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant

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

CERTIFICATE HOLDER

CITY OF OXNARD
Attn: Insurance Compliance
Reference No. 32300058
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007

CANCELLATION

SHOULD ANY OF THE A BOVE D ESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE

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

AUT

HORIZED REPRESENTATIVE
140
Agreement No. 32300058
8 GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

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

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

CI

TY AGREEMENTS/PERMITS

TYPE OF INSURANCE

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

OTHER PROVISIONS

COVERAGES
LIABILITY LIMITS IN THOUSANDS $

EACH OCCURRENCE

AGGREGATE

GENERAL
PRODUCTS/COMPLETED OPERATIONS
PERSONAL & ADVERTISING INJURY
FIRE DAMAGE


Underwriter=s representative for claims pursuant to this insurance.

CLAIMS:

Name:

Address:

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

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

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

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

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

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

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

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

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

ENDORSEMENT HOLDER

CITY OF OXNARD
Attn: Insurance Compliance
Reference No. 32300058
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007

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

Signature
(origin al signature required)
Telephone: ( ) Date Signed
141
Agreement No. 32300058
9 AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

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

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

OTHER PROVISIONS
COMMERCIAL AUTO POLICY
BUSINESS AUTO POLICY
OTHER

LIMIT OF LIABILITY

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

Name:

Address:

Telephone: ( )

$ per accident, for bodily injury and property damage.

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

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

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

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

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

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

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

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

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

ENDORSEMENT HOLDER

CITY OF OXNARD
Attn: Insurance Compliance
Reference No 32300058
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007

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

Signature
(or iginal signature required)
Telephone: ( ) Date Signed
142
Agreement No. 32300058
10 B
ond No. __________

PAYMENT BOND
(LABOR AND MATERIALS)
KNO
W ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Oxnard (“Ag ency”), State of California, has awarded to (“Pr incipal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as On- Call Traffic Signals Repairs and Maintenance Services, Specification No. PW 23-40 (the “Project”).

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

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

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

The Project shall be considered “accepted” for the purposes of triggering Bond deadlines at the Contractor’s final completion of all Tasks, the City’s acceptance of all Tasks, and the end of the Contract Term, whichever occurs last. Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any 143
Agreement No. 32300058
11 of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this B ond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

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

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

Dated:
“Principal”
By:

Its: __________________________
By:

Its: __________________________
(Seal)
“Surety”
By:

Its: __________________________
By:

Its: __________________________
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in-fact must be attached. The date of the Bond must not be before the Contract’s Effective Date. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California.
144
Agreement No. 32300058
12 Bond No. __________

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the C ity of Oxnard (“Agency”), has awarded to
(“P rincipal”)
( Name and address of Contractor)
a contract (the “Contract”) for the Work described as On- Call Traffic Signals Repairs and Maintenance Services, Specification No. PW 23-40 (the “Project”).

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

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

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

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

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, including all incorporated documents, or of the Work to be performed under any Task Order shall in any way affect the Surety’s obligations under this Bond. The Surety hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work in any Task Order. Surety hereby waives California Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto. 145
Agreement No. 32300058
13 IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:
“Principal”
By:

Its: __________________________
By:

Its: __________________________
(Seal)
“Surety”
By:

Its: _________________________
By:

Its: _________________________
(Seal)
Not
e: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. The date of Bond must not be before the Contract’s Effective Date . Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California.
146
ITEM
NO.

1. 2.

3. 4.

5. 6.

7. 8.

9. CITY OF OXNARD

BID SHEETS FOR ON-CALL TRAFFIC SIGNALS REPAIRS

AND MAINTENANCE SERVICES
SPECIFICATION NO. PW 23-40
Bidder's Name: Taft Electric Company
To the Honorable Mayor and Members of the City Council:

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

Unscheduled Unscheduled
Scheduled Urgent Work Urgent Work
Work Hourly Hourly Rate Hourly Rate
Rate Monday- Monday- Monday-Friday Total of hourly DESCRIPTION UNIT Friday 8:00 am Friday 8:00 5:01 pm - 7:59 am, rates - 5:00pm am - 5:00pm weekends and 4 hour 1 hour holidays
response time** response 1 hour response
time** time**
Crane Boom Truck HR $80.68 $80.68 $80.68 $242.04
Backhoe HR $69.00 $69.00 $69.00 $207.00
Bucket Truck HR $41.45 $41.45 $41.45 $124.35
Utility Truck HR $42.46 $42.46 $42.46 $127.38
Wire Trailer HR $2.08 $2.08 $2.08 $6.24
Loop Saw HR $43.70 $43.70 $43.70 $131.10
Hot Melt Trailer HR $14.95 $14.95 $14.95 $44.85
Air Compressor HR $20.90 $20.90 $20.90 $62.70
Boring Machine HR $299.00 $299.00 $299.00 $897.00
84 EXHIBIT A
Agreement No. 32300058
147
ITEM
NO.

10. 11.

12. Unscheduled Unscheduled
Scheduled Urgent Work Urgent Work
Work Hourly Hourly Rate Hourly Rate
Rate Monday- Monday- Monday-Friday Total of hourly DESCRIPTION UNIT Friday 8:00 am Friday 8:00 5:01 pm - 7:59 am, - 5:00pm am - 5:00pm weekends and rates
4 hour 1 hour holidays
response time** response 1 hour response
time** time**
Electrician HR Sl15.29 S 195. 68 S243.64 S554.61
Traffic Technician HR S108.12 S185.02 S229.42 S522.56
Laborer HR
S91. 30 SI 53.37 S181.54 S426.2 l
Total Bid Price S3,346.04
Note: No adjustment in the Contract Unit Prices will be allowed. 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.

BID PRICE IN DIGITS: $ 3,346.04 -------------------------- BID PRICE IN WORDS: Th.ree thousand three hundred fortv six dollars and four cents Bidder acknowledges receipt of all addenda
Addendum: Date Received:
#01 10/6/2022
#02
Bidder's Name (Company): Taft Electric Company
Signature: r�
Print: Tony Valentmo
Signature: �
Print: Carol Smith
B5
Addendum: Date Received:
#03
#04
Title: President/COO
Date: 10/10/2022
Title: Corporate Secretary
Date: 10/10/?0??
148
Agreement No. 32300058

EXHIBIT B

SPECIAL PROVISIONS

ON-CALL TRAFFIC SIGNAL REPAIRS AND MAINTENANCE SERVICES SPECIFICATION NO. PW 23-40
1000 Scope and Location of Services
The Contractor shall furnish all necessary labor, materials, equipment and other incidental and appurtenant Work to repair, maintain, replace, construct, and service traffic signals, detectors, fiber and twisted-pair traffic signal interconnects as requested through Task Order and at locations throughout the City of Oxnard as directed by the Project Manager. Such services may include but are not limited to:

1. Inspect traffic signal equipment and identify required maintenance needs.

2. Repair, maintain, or replace worn, damaged, or potentially faulty components in signal cabinets.

3. Repair, maintain, or replace signal cabinets and/or components that exceed the useful life.

4. Repair, maintain, or replace signal poles, including foundations and standard required underground work.

5. Repair, maintain, or replace broken traffic signal conduits.

6. Repair, maintain, or replace traffic signal wiring.

7. Repair, maintain, or replace traffic signal detector loops.

8. Repair, maintain, or replace video detection equipment.

9. Repair, maintain, or replace fiber and/or twisted pair traffic signal interconnect and conduit. For any fiber activity, Contractor shall be required to provide certification or subcontractor certified to work on fiber optic cables and equipment.

10. Any Work on service pedestals shall include reinstating electrical power to that service pedestal.

11. Provide temporary signaling equipment.

12. Obtain all necessary permits to complete any Task Order.

Al
l Work shall comply with the City of Oxnard Traffic Signal Specifications which may be located at:
https://www.oxnard.org/wp-cont ent/uploads/2022/04/2020-Oxnard-Traffic-Signal- Specifications.pdf
1000-
1 Schedule and Response Time
Cont
ractor shall respond to all requests as required, 24 hours per day, 365 days per year, including holidays. All costs for labor for these requests shall be included in the Bid sheets.

Response time by the Contractor shall be as stated below:

1. Non-S
cheduled Urgent Repair Work:

Cont
ractor must verbally respond within thirty (30) minutes of telephone notification by the City. Contractor must be on the site within one (1) hour of the notification and begin 149
Agreement No. 32300058
Wo
rk immediately. Urgent repairs are those where public interest and necessity demand the immediate expenditure of public money to avoid harm to or to safeguard life, health or property.

2. Sc
heduled Repair and Maintenance Work:

Cont
ractor must verbally respond within four (4) hours of telephone notification by the City.

The scope of Work and schedule shall be mutually agreed to between City staff and contractor before Work begins. Work under this category shall be planned and scheduled Monday through Friday between the hours of 8:00 am and 5:00 pm unless otherwise agreed to by the City.
1000-2
Contractor Requirements
Contractor’s field electricians shall be California Certified Electricians per the Division of Apprenticeship standards. A State certified electrician shall be present during any electrical Work.
1000-3
Payment
All
Work will be pre -approved by a Task Order issued by the Project Manager prior to starting Work. Rates for the Work performed under each Task Order shall not exceed the rates specified in the Bid Sheets attached hereto as Exhibit A. The Task Order may include all materials, labor, and taxes; if it does not, the Contractor shall clarify any missing information before commencing Work. A separate invoice is required for each Task Order issued pursuant to the Contrac t.

Contractor’s markup on the purchase of materials or rental of equipment used for each Task Order shall not exceed fifteen percent (15%) of the Contractor’s costs. If a permit is required to complete any Task Order, then Contractor may invoice for the actual permit cost and Contractor’s markup which shall not exceed fifteen percent (15%) for Contractor’s cost to obtain the permit. Contractor is required to itemize hours worked, materials used, and number of hours and type of rented equipment used to complete each Task Order. Contractors invoice shall include such itemizations along with backup evidencing the basis for the fifteen percent (15%) markup on purchased materials, equipment rental and permits.

Cont
ractors hourly rate shall only include time spent at the location of service. The City shall not pay for time spent on route or traveling to acquire parts or supplies unless pre- approved by the Project Manager and stated in the Task Order.
150

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.6

DATE: January 3, 2023

TO: City Council

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

SUBJECT: Update on the Corrective Action Plan (CAP) for Closing Past Audit Findings.

RECOMMENDATION

That the City Council receive an update on the City's Corrective Action Plan (CAP) for closing past audit findings.

(Finance and Governance Committee approved 3-0)

BACKGROUND

The City’s annual audit for FY 2014-15 produced 111 single-audit findings. These findings primarily concerned the City's policies and procedures (or lack thereof) for accounting and financial management. Between fiscal year 2016 through the fiscal year ended June 30, 2018, the City’s annual audits continued to identify new findings in the double digits. For FY 2019-20, there was one additional audit finding, for Information Technology General Controls, which was communicated to City Council via a separate confidential written report due to its sensitive nature. For FY 2020-21, there was one new finding for accounting and financial management, but only two earlier audit findings remain unresolved, and there are no material weaknesses. Below is a table summarizing audit finding history.

History of Findings
by Fiscal Year
A
# of New
Finding
B
# of Repeat
Findings
C = (A+B) + Prior Year C
Total # of Findings
FY 2014-15 111 0 111
FY 2015-16 5 0 116
FY 2016-17 10 9 135
FY 2017-18 24 13 172
FY 2018-19 8 3 183
FY 2019-20 1 0 184
FY 2020-21 1 1 186

In order to correct the various accounting and financial management audit findings, the City was required to produce a Corrective Action Plan, or CAP. This plan, updated annually, addresses all unresolved findings, and the steps and timeline to correct them. Staff created a detailed audit scorecard, and began presenting it to the Finance and Governance 151
Committee, and to City Council, every six months.

DISCUSSION

As reported in our last update to the Finance and Governance Committee in May 2022 (and later to City Council), only three findings remain outstanding, the one new finding identified in the FY 20-21 audit related to the CDBG HUD findings, and two prior audit findings related to the Indirect Cost Allocation Plan Update and to the Information Technology General Controls.

We have continued to make progress on the corrective actions for all three findings. We anticipate that the corrective actions will be complete for the CDBG HUD finding and the Indirect Cost Allocation Plan Update and will be ready to be tested during the Single Audit in January 2023. The City Council will continue to receive updates on the IT General Controls finding through separate confidential reports.

The audit of the City’s Fiscal Year 2021-22 financial statements is currently being conducted by the City's independent auditor, Eadie +Payne, and following the completion of its audit, the Single Audit will begin in January 2023. During staff’s next update - approximately six months from now - the City expects to have results of Eadie + Payne’s financial statement audit and any testing on completed corrective actions.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

There is no financial impact.

COMMITTEE OUTCOME

The Finance and Governance Committee approved 3-0 on November 22, 2022, to approve the staff recommendation and to forward the item to Council.

Prepared by: Jennifer Hiraoka, Senior Manager Internal Controls

ATTACHMENTS
None

152

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.7

DATE: January 3, 2023

TO: City Council

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

SUBJECT: Fiscal Year 2021-22 Annual Report on Development Impact Fees (AB1600).

RECOMMENDATION

That the City Council receive and file the annual development impact fee report (AB1600) for the fiscal year ended June 30, 2022.

The report can be accessed on the City's website at https://www.oxnard.org/city-department/finance/annual-reports-on- development-impact-fees/

(Finance and Governance Committee recommend 3-0.)

BACKGROUND

Development impact fees (DIF) are one-time charges on new development projects that are collected and used by jurisdictions to cover the cost of capital facilities and infrastructure needed to serve the new residential and development growth. The Mitigation Fee Act (Act), commonly known as Assembly Bill 1600 (AB1600), was adopted by the State of California in 1987 and created Section 66000 et. seq. of the Government Code.

AB1600 was enacted to ensure that new development mitigates its impact on the City’s infrastructure and allows local agencies to impose fees in connection with approval of a development project to defray all or a portion of the cost of public facilities and infrastructure needed to serve the related development project. If the local agency does not identify a specific and appropriate use for the funds collected, it is required to refund, on a pro rata basis, to the current owner(s) of record, the unexpended portion of the fee and any interest accrued thereon.

To comply with the identification and appropriate use of fees collected, AB1600 requires that agencies report annually on the fees collected and the use of those fees. The specific requirements are:

1. Brief description of the type of fee in the account or fund

2. Amount of the fee

3. Beginning and ending balance in the account or fund

4. Amount of fees collected and the interest earned during the previous year

5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees

6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete

7. Description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended, and when each loan will be repaid and the rate of interest the account will receive on the loan
153

8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee- related projects

Moreover, Government Code Section 66001(d) requires that for the fifth year following the first deposit into a DIF account or fund, and every five years thereafter, the local agency shall make all of the following findings with respect to that portion of the account or fund remaining unexpended, whether committed or uncommitted:

1. Identify the purpose for which the fee is to be expended.

2. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged.

3. Identify all sources and amounts of funding anticipated to complete financing for incomplete improvements.

4. Designate the approximate dates on which the funding referred to in item 2 above is expected to be deposited into the appropriate account or fund.

The City prepared a Five-Year Findings Report for the Fiscal Year ended June 30, 2020. Therefore, the next Five-Year Report will be prepared for the Fiscal Year ended June 30, 2025. Development Impact Fee Reports are made available to the public and can be found under the Reports section on the Finance Department's page of the City's website.

DISCUSSION

The City contracted with Harris & Associates, Inc. to prepare the required AB1600 Report for the fiscal year ended June 30, 2022. The attached report for the fiscal year ended June 30, 2022, provides all of the required information as noted in the Background section above. A summary for the 2021-22 fiscal year activity is presented in the table below.

Summary of Activity by Impact Fee Type
Description Fund
Number
Beginning
Balance
Total
Revenues
(Net of Fair
Market
Value
Investment
Adjustment)
Total
Expenditures
Ending
Balance
Park Acquisition & Development 352 $675,924 $16,751 ($756) $691,919 Storm Drain Facilities Fee 353 $8,677,512 ($186,302) ($18,441) $8,472,769 Circulation System Improvement Fee 354 $13,718,835 $2,066,869 ($202,706) $15,582,998 Capital Growth Fee (Residential) 355 $1,638,799 $229,647 ($31,092) $1,419,328 Capital Growth Fee (Non-Residential) 356 $2,556,696 $39,964 ($648) $2,456,669 Mobility Fee 357 $712,785 $9,757 $0 $722,542
Public Art Program Fee 547 $1,101,386 $65,642 ($9,046) $1,157,982 Water Resource Development Fee 603 $18,501,702 ($17,954) ($802,619) $17,681,128 Water Capital Facility Charge 605 $2,872,801 $22,096 ($1,387,433) $1,507,465 Wastewater Connection Fee 613 $4,170,926 $230,305 ($9,970) $4,391,261 Wastewater Treatment Connection Fee 623 $7,566,709 $554,754 ($9,440) $8,112,024

Improvements to the City’s infrastructure are identified to meet current needs and to accommodate future growth.

Governing documents identifying these improvements may be an Environmental Impact Report, a master plan, the results of a deficiency study, or a specific City Council action.

New development that benefits from a particular improvement pays its pro-rata share of that improvement. Frequently, 154
the pro-rata share (fee) collected does not fully fund the infrastructure deficiency and other City resources are included.

When an improvement benefiting a property has been constructed by the City, the new development’s pro-rata share (fee) reimburses the City. If a developer has constructed an improvement, it receives reimbursement fees collected by the City from other developments. For Developer Impact Fee funded projects, the attached report shows how much of each project is funded with fees. The dates of completion for each improvement noted in the report are dependent upon the rate of development and the collection of sufficient revenues to complete the improvement.

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 to receive and file this report.

COMMITTEE OUTCOME

Finance and Governance Committee recommend 3-0 on December 13, 2022, that the City Council receive and file this report.

Prepared by: Betsy George, Chief Financial Officer

ATTACHMENTS

1. City of Oxnard FY 21-22 AB1600 Report

155

Development Impact Fee Annual Report
City of Oxnard

For the Fiscal Year Ending June 30, 2022

Prepared by:

22 Executive Park | Irvine, CA | 92614
156

Development Impact Fee Annual Report (FY21-22)

Table of Contents

Executive Summary ................................................................................................................................ 1 Section 1 - Requirements of the Mitigation Fee Act (AB1600) ........................................................... 2 Section 2 – Annual Report ..................................................................................................................... 3 Fund 352: Park and Recreation Fee .................................................................................................. 3 Fund 353: Storm Drain Facility Fee .................................................................................................. 5 Fund 354: Traffic Impact Fee ............................................................................................................ 7 Funds 355 & 356: Growth Requirement Capital Fee .................................................................... 11 Fund 357: Mobility Fee..................................................................................................................... 15 Fund 547: Public Art Program Fee ................................................................................................. 17 Funds 603 & 605: Water Resource Development Fee & Capital Facility Charge ...................... 20 Funds 613 & 623: Wastewater Connection Fee & Wastewater Treatment Connection Fee ..... 24 Fund Summary .................................................................................................................................. 27

157
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Development Impact Fee Annual Report (FY21-22) 1

Executive Summary
Development Impact Fees (DIFs) are fees imposed by a local government on new or proposed development projects to ensure public services and infrastructure will be sufficient to serve those new development projects. California state law re quires local agencies, on an annual basis, to prepare a report on the status of their Development Impact Fee (DIF) program in accordance with California Assembly Bill 1600 (AB1600). This report will serve as the City of Oxnard’s AB1600 report for the fiscal year starting July 1, 2021 and ending June 30, 2022 (FY21-22).

The fees for Parks and Recreation, Storm Drainage, Traffic, Growth Requirement Capital (Residential and Non -Residential), and Public Art Projects were updated on May 19, 2020 by Resolution 15,329 adopting the City of Oxnard Development Impact Fee Nexus Study (April 2020). To assist developers adjust to the new rates, Council adopted a phased in approach based upon level of fee increase and comparison with surrounding jurisdiction DIFs. Based on the phasing criteria, the Growth Fee, Park Development Fee, Traffic Impact Fee, and Mobility Fee are phased in. The updated fees became effective July 18, 2020 and are adjusted annually using the June Engineering News Record Construction Cost Increase for the Los Angeles region.

The City of Oxnard currently collects the development impact fees listed in the table below. The table also provides the fund that the fee is deposited into.

Fee Fund Number
Parks and Recreation Fee 352
Storm Drain Facility Fee 353
Traffic Impact Fee 354
Growth Requirement Capital Fee
(Residential & Non-Residential)
355 & 356
Mobility Fee 357
Art in Public Places Fee 547
Water Resource Development Fee 603
Water Capital Facility Charge 605
Wastewater Collection Connection Fee 613
Wastewater Treatment Connection Fee 623

158
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Development Impact Fee Annual Report (FY21-22) 2

Section 1 - Requirements of the Mitigation Fee Act (AB1600) Assembly Bill 1600 (AB1600), commonly known as the Mitigation Fee Act, was enacted by the state of California in 1987 and created Section 66000 et. seq. of the Government Code. AB1600 requires the City to report fee information annually and every fifth year. Within 180 days after the last day of each fiscal year, the City must make available the following information from the prior fiscal year:

1. Brief description of the type of fee in the account or fund

2. Amount of the fee

3. Beginning and ending balance in the account or fund

4. Amount of fees collected and the interest earned during the previous year

5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees

6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete

7. Description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended, and when each loan will be repaid and the rate of interest the account will receive on the loan

8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects
For the fifth fiscal year following the first deposit into the account or fund, and every five years thereafter, the City must make the following findings with respect to any remaining funds in the fee account, regardless of whether those funds are committed or uncommitted:

1. Identification of the purpose to which the fees are to be put

2. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged

3. Identification of all sources and amounts of funding anticipated to comp lete financing in incomplete improvements identified as part of the City’s annual report

4. Identification of the approximate dates on which the funding referred to in Requirement 3 is expected to be deposited into the appropriate account or fund The City must make this information available for public review and must present it at the next regularly scheduled public meeting no less than 15 days after this information is made available to the public. This report is intended to satisfy the annual reporting requirements for FY21-22. 159
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Development Impact Fee Annual Report (FY21-22) 3

Section 2 – Annual Report
The following section provides information necessary to meet the legal requirements for each impact fee fund. This includes a brief description of the fee, the amount of the fee, the beginning and ending balances, fee revenues collected, interest earned, and the expenditures on each project including the percentage that was funded with fees . It also includes a table summary of whether sufficient funds have been identified to complete future projects and the approximate date by which the construction of the public improvement will commence if sufficient funds have been identified.

Any transfers or loans are also identified as well as any refunds from the account.

Fund 352: Park and Recreation Fee
Requirement 1. Brief description of the type of fee in the account or fund.

The Park and Recreation Fee requires that all
new residential development pay a one -time
fee per residential unit to fund the construction
of new parks. The Park and Recreation Fee
(formerly the Park Acquisition and
Development Fee) was originally established
by Ordinances 1421, 1448, 1696, 1949, and
2031 and was updated in 2020 via Resolution
15,329.

Requirement 2. Amount of the fee.

The Park and Recreation Fee for FY21-22 is summarized in Table 1.

Table 1: Park and Recreation Fee

Requirement 3. Beginning and ending balance in the account or fund.

Table 2 summarizes the beginning and ending fund balances for the Park and Recreation Fee for FY21-22.

Land Use
Fee as of
July 18, 2020
Fee as of
July 18, 2021
Residential (per DU)
Single Family $3,622 $5,307
Multi Family $2,437 $3,531
Non-Residential
All Non-Residential Exempt Exempt
160
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Development Impact Fee Annual Report (FY21-22) 4

Requirement 4. Amount of fees collected and the interest earned during the previous year.

Table 2 summarizes the fees collected and the interest earned for the Park and Recreation Fee during FY21-22.

Table 2: Park and Recreation Fee Fund Summary

Requirement 5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees.

Table 3 displays the expenditures on Park and Recreation Fee projects for FY21-22.

Requirement 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete.

Table 3 summarizes the planned future expenditures for the Park and Recreation Fee and the anticipated construction start date.

Park and Recreation Fee
Beginning Fund Balance as of July 1, 2021 $675,923.99
Revenues
Fees Collected $43,356.50
Interest Earned $3,149.11
Fair Market Value Adjustment1 ($29,754.94)
Other Revenues $0.00
Total Revenues $16,750.67
Expenses
Project Expenses $0.00
Developer Reimbursement $0.00
Other Charges2 ($756.00)
Total Expenses ($756.00)
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2022 $691,918.66
2) Other Charges include expenses for General Fund indirect charges, other/bank charges, and consultant contract costs.
1) Fair Market Value Adjustment takes into account funding, credit risk and regulatory capital costs.
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Development Impact Fee Annual Report (FY21-22) 5

Table 3: Park and Recreation Fee Project Expenditures

Requirement 7. Description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended, and when each will be repaid and the rate of interest the account will receive on the loan.

There were no transfers or loans from this fund in FY21-22.

Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects.

There were no refunds made from this fund in FY21-22.

Fund 353: Storm Drain Facility Fee
Requirement 1. Brief description of the type of fee in the account or fund.

The City imposes a fee on new
development based upon their prorated
share of the cost of constructing the
improvements identified in the City’s
Drainage Master Plan. The City’s Storm
Drain Facility Fees were based on
Ordinance 2258 and Resolution 10274
and were updated as part of the 2020 DIF
update via Resolution 15,329.

Requirement 2. Amount of the fee.

The Storm Drain Facility Fee for FY21-22 is summarized in Table 4 below.

Project No. Project Name Project Budget1
Fund 352
Expense to Date
Fund 352
Expense
FY 21-22
Fund 352 Future
Expenditures
% Funded
by Fee
Approx.

Construction
Start Date1
905701 Cabrillo Neighborhood Park $16,837 $0 $0 $16,837 100% 2023 945702 Citywide Park Improvement Program $320,968 $43,547 $0 $277,421 100% 2023 n/a Via Marina Park Renovation $1,234,871 $0 $0 $1,234,871 100% 2027+ n/a Del Sol Park Improvements - Phase 1 $520,000 $0 $0 $520,000 100% 2027+ n/a Seaview Park Improvements $2,227,623 $0 $0 $2,227,623 100% 2027+ - Indirect Charges2
- - $756 $0 - n/a
GRAND TOTAL $4,320,299 $43,547 $756 $4,276,752
1) City of Oxnard 2022-2027 Capital Improvement Program. Construction start date may be revised pending availability of funds. 2) Indirect Charges include costs related to Human Resources, Finance, City Manager, City Attorney, Treasurer, City Clerk, City Council, etc. 162
____________________________________________________________________________________

Development Impact Fee Annual Report (FY21-22) 6

Table 4: Storm Drain Facility Fee

Requirement 3. Beginning and ending balance in the account or fund.

Table 5 summarizes the beginning and ending fund balances for the Storm Drain Facility Fee for FY21-22.

Requirement 4. Amount of fees collected and the interest earned during the previous year.

Table 5 summarizes the fees collected and the interest earned for the Storm Drain Facility Fee during FY21-22.

Table 5: Storm Drain Facility Fee Fund Summary

Land Use
Fee as of
July 18, 2020
Fee as of
July 18, 2021
Residential (per gross AC)
Single Family $15,954 $18,609
Multi Family $21,937 $25,587
Non-Residential (per gross AC)
All Non-Residential $21,937 $25,587
Storm Drainage Fee
Beginning Fund Balance as of July 1, 2021 $8,677,511.85 Revenues
Fees Collected $146,712.31
Interest Earned $38,987.63
Fair Market Value Adjustment1
($372,002.13)
Other Revenues $0.00
Total Revenues ($186,302.19)
Expenses
Project Expenses $0.00
Developer Reimbursement $0.00
Other Charges2 ($18,441.00)
Total Expenses ($18,441.00)
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2022 $8,472,768.66
2) Other Charges include expenses for General Fund indirect charges, other/bank charges, and consultant contract costs.
1) Fair Market Value Adjustment takes into account funding, credit risk and regulatory capital costs.
163
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Development Impact Fee Annual Report (FY21-22) 7

Requirement 5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees.

Table 6 summarizes the expenditures this past year on storm drainage projects.

Requirement 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete.

Table 6 summarizes the planned future expenditures for the Storm Drainage Facility Fee.

Table 6: Storm Drainage Project Expenditures

Requirement 7. Description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended, and when each will be repaid and the rate of interest the account will receive on the loan.

There were no transfers or loans from this fund in FY21-22.

Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects.

There were no refunds made from this fund in FY21-22.

Fund 354: Traffic Impact Fee
Requirement 1. Brief description of the type of fee in the account or fund.

The City charges a fee to all new development and redevelopment in the City that generates additional vehicular trips above what can be reasonably associated with the current use of the property. The fee is used to construct improvements to the circulation system. The City’s Traffic Impact Fee (Formerly Circulation System Improvement Fee) was established under Ordinance 2258 and Resolutions 10016, 10673, 13328, 13600, and 13890 and was updated and renamed to the Traffic Circula tion Fee during the 2020 DIF update via Resolution 15,329.

Project No. Project Name Project Budget1
Fund 353
Expense to Date
Fund 353
Expense
FY 21-22
Fund 353 Future
Expenditures
% Funded
by Fee
Approx.

Construction
Start Date1
n/a Citywide SD Construction 13,450,000$ - - 13,450,000$ 100% 2023 - Other Services / Bank Charges - - - - - n/a
- Indirect Charges2
- - 18,441$ - - n/a
GRAND TOTAL 13,450,000$ -$ 18,441$ 13,450,000$ 1) City of Oxnard 2022-2027 Capital Improvement Program. Construction start date may be revised pending availability of funds. 2) Indirect Charges include costs related to Human Resources, Finance, City Manager, City Attorney, Treasurer, City Clerk, City Council, etc. 164
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Development Impact Fee Annual Report (FY21-22) 8

Requirement 2. Amount of the fee.

The Traffic Impact Fees for FY21-22 are summarized in Table 7.

Table 7: Traffic Impact Fee

Requirement 3. Beginning and ending balance in the account or fund.

Table 8 summarizes the beginning and ending fund balances for the Traffic Impact Fee for FY21-22.

Land Use
Fee as of
July 18, 2020
Fee as of
July 18, 2021
Residential (per DU)
Single Family $9,769.00 $10,480.53
Mobile Home $5,174.00 $5,550.85
Low-Rise Multi Family $7,574.00 $8,125.66
Mid-Rise Multi Family $5,630.00 $6,040.06
High-Rise Multi Family $4,605.00 $4,940.41
Senior Housing $4,139.00 $4,440.47
Commercial (per 1,000 SF)
Office $10,079.00 $10,813.11
Medical Office $6,054.00 $6,494.95
General Commercial (C2) $6,560.00 $7,037.80
Light Industrial $5,132.00 $5,505.79
Warehouse $1,800.00 $1,931.10
New Car Sales $6,157.00 $6,605.45
Church $4,118.00 $4,417.94
Restaurant $19,506.00 $20,926.73
Fast Food w/ Drive Thru $102,342.00 $109,796.13
Fueling Station w/ Car Wash
Self Service Car Wash (per Stall) $27,153.00 $29,130.70 Gas Station (per fueling station) $22,962.00 $34,443.00 Hotel/Motel (per Room)
All Hotel/Motel $5,040.00 $5,407.09
Other (per Average Daily Trip)
Other Uses Not Noted $1,035.00 $1,110.38
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Development Impact Fee Annual Report (FY21-22) 9

Requirement 4. Amount of fees collected and the interest earned during the previous year.

Table 8 summarizes the fees collected and the interest earned for the Traffic Impact Fee during FY21-22.

Table 8: Traffic Impact Fee Fund Summary

Requirement 5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees.

Table 9 summarizes the expenditures this past year on Traffic Impact Fee projects.

Circulation System Improvement Fee
Beginning Fund Balance as of July 1, 2021 $13,718,834.94 Revenues
Fees Collected $2,654,024.13
Interest Earned $71,454.51
Fair Market Value Adjustment1
($658,610.08)
Other Revenues $0.00
Total Revenues $2,066,868.56
Expenses
Project Expenses ($186,066.89)
Developer Reimbursement $0.00
Other Charges2 ($16,638.96)
Total Expenses ($202,705.85)
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2022 $15,582,997.65
2) Other Charges include expenses for General Fund indirect charges, other/bank charges, and consultant contract costs.
1) Fair Market Value Adjustment takes into account funding, credit risk and regulatory capital costs.
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Development Impact Fee Annual Report (FY21-22) 10

Requirement 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete.

Table 9 summarizes the planned future expenditures for the Traffic Impact Fee projects.

Table 9: Traffic Impact Fee Project Expenditures

Requirement 7. Description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended, and when each will be repaid and the rate of interest the account will receive on the loan.

There were no transfers or loans from this fund in FY21-22.

Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects.

There were no refunds made from this fund in FY21-22.

Project No. Project Name Project Budget1
Fund 354
Budget
Fund 354
Expense to Date
Fund 354
Expense
FY 21-22
Fund 354 Future
Expenditures
% Funded
by Fee
Approx.

Construction
Start Date3
133101 Rice Ave At 5th St GRD 99,260,096$ 1,731,096 772,160.90$ 6,969$ 958,935.10$ 1.7% In Progress 163106 HWY 101 - Rice Phase II 689,003$ 608,823 608,823.56$ -$ 80,180.00$ 88% 2022 173102 Oxnard Boulevard & Saviers Road Signal Improvements 1,692,315$ 301,975 37,025.65$ 2,852$ 264,949.35$ 18% In Progress 183101 Oxnard Boulevard Bicycle Facilities Installation 2,747,978$ 708,828 26,686.72$ 26,687$ 682,141.28$ 26% In Progress 183114 Traffic Signal Modifications 3,869,253$ 25,035 25,007.64$ (27)$ 27.36$ 0.6% In Progress 203101 Adaptive Traffic Signal 1,852,000$ 1,852,000 288,514.23$ 149,587$ 1,563,485.77$ 100% In Progress 203106 Traffic Signal Modernization 7,360,000$ 3,360,000 267,693.68$ -$ 3,092,306.32$ 46% In Progress 223110 US 101 Del Norte Interchange Upgrade 250,000$ 250,000 -$ -$ 250,000.00$ 100% 2027+ n/a Five Points Intersection Modernization 250,000$ 250,000 -$ -$ 250,000.00$ 100% 2022 n/a Traffic Circulation Study 500,000$ 500,000 -$ -$ 500,000$ 100% n/a n/a ITS Master Plan Update 250,000$ 250,000 -$ -$ 250,000$ 100% n/a n/a Traffic Model Update 200,000$ 200,000 -$ -$ 200,000$ 100% n/a n/a Traffic Signal Modernization (ITS) 6,800,000$ 6,800,000 -$ -$ 6,800,000$ 100% 2025 n/a Traffic Signal Timing 850,000$ 850,000 -$ -$ 850,000$ 100% 2025 n/a Fifth Street & Pacific Avenue Traffic Signal 1,527,000$ 1,527,000 -$ -$ 1,527,000$ 100% 2025 - Other Services / Bank Charges - - - - - - n/a
- Indirect Charges2
- - - 16,639$ - - n/a
GRAND TOTAL 128,097,645$ 19,214,757$ 2,025,912.38$ 202,705.85$ 17,269,025.18$ 1) City of Oxnard 2022-2027 Capital Improvement Program. 2) Indirect Charges include costs related to Human Resources, Finance, City Manager, City Attorney, Treasurer, City Clerk, City Council, etc. 3) Construction start date may be revised pending availability of funds. 167
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Development Impact Fee Annual Report (FY21-22) 11

Funds 355 & 356: Growth Requirement Capital Fee
Requirement 1. Brief description of the type of fee in the account or fund.

The City’s Growth Requirement Capital
Fee funds general governmental facilities
such as Fire and Police Stations, City
Hall, Corporation Yards, and Recreation
Facilities. The fee is based on Ordinance
2258 and Resolutions 10275, 10996, and
12975 and was updated as part of the
2020 DIF update via Resolution 15,329.

The fee is collected based on additional
covered space created by any new
development. There are two separate
funds for this fee. Fund 355 is for
residential fees and Fund 356 is for non -
residential fees.

Requirement 2. Amount of the fee.

The Growth Requirement Capital Fee for FY21-22 is summarized in Table 10.

Table 10: Growth Requirement Capital Fee

Requirement 3. Beginning and ending balance in the account or fund.

Table 11 and Table 12 summarize the beginning and ending fund balances for the Growth Requirement Capital Fee for FY21-22. Table 11 summarizes the residential fee and Table 12 summarizes the non-residential fee.

Land Use
Fee as of
July 18, 2020
Fee as of
July 18, 2021
Residential (Fund 355)
Single Family (per DU) $4,383 $5,182
Multi Family (per DU) $2,558 $3,256
Non-Residential (Fund 356)
Retail (per 1,000 building SF) $1,309 $1,664
Office (per 1,000 building SF) $1,505 $1,957
Industrial (per 1,000 building SF) $853 $915.13
Hotel (per Room) $302 $452
168
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Development Impact Fee Annual Report (FY21-22) 12

Requirement 4. Amount of fees collected and the interest earned during the previous year.

Table 11 and Table 12 summarize the fees collected and the interest earned for the Growth Requirement Capital Fee during FY21-22. Table 11 summarizes the residential fee and Table 12 summarizes the non-residential fee.

Table 11: Growth Requirement Capital Fee (Residential) Fund Summary

Growth Requirement Capital Fee (Residential)
Beginning Fund Balance as of July 1, 2021 $1,638,798.75 Revenues
Fees Collected $296,303.97
Interest Earned $7,864.78
Fair Market Value Adjustment1 ($74,521.53)
Other Revenues $0.00
Total Revenues $229,647.22
Expenses
Project Expenses $0.00
Developer Reimbursement $0.00
Other Charges2 ($31,091.71)
Total Expenses ($31,091.71)
Transfers In $0.00
Transfers Out3 ($418,026.70)
Ending Balance as of June 30, 2022 $1,419,327.56
3) Transfers Out to General Fund for debt service on Civic Center Phase 2 Bonds. 2) Other Charges include expenses for General Fund indirect charges, other/bank charges, and consultant contract costs.
1) Fair Market Value Adjustment takes into account funding, credit risk and regulatory capital costs.
169
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Development Impact Fee Annual Report (FY21-22) 13

Table 12: Growth Requirement Capital Fee (Non-Residential) Fund Summary

Requirement 5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees.

Table 13 and Table 14 summarize the expenditures this past year on Growth Requirement Capital Fee projects.

Requirement 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete.

Table 13 and Table 14 summarize the planned future expenditures for the Growth Requirement Capital Fee projects.

Growth Requirement Capital Fee (Non-Residential)
Beginning Fund Balance as of July 1, 2021 $2,556,695.51 Revenues
Fees Collected $138,964.99
Interest Earned $11,246.34
Fair Market Value Adjustment1 ($110,247.51)
Other Revenues $0.00
Total Revenues $39,963.82
Expenses
Project Expenses $0.00
Developer Reimbursement $0.00
Other Charges2
($648.00)
Total Expenses ($648.00)
Transfers In $0.00
Transfers Out3 ($139,342.24)
Ending Balance as of June 30, 2022 $2,456,669.09
3) Transfers Out to General Fund for debt service on Civic Center Phase 2 Bonds. 2) Other Charges include expenses for General Fund indirect charges, other/bank charges, and consultant contract costs.
1) Fair Market Value Adjustment takes into account funding, credit risk and regulatory capital costs.
170
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Development Impact Fee Annual Report (FY21-22) 14

Table 13: Growth Requirement Capital Fee (Residential) Project Expenditures

Table 14: Growth Requirement Capital Fee (Non-Residential) Project Expenditures

Requirement 7. Description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended, and when each will be repaid and the rate of interest the account will receive on the loan.

The Variable Rate Demand Lease Revenue Refunding Bonds (Civic Center Phase 2 Project), Series 2006 were issued on December 1, 2006 for $24,205,000 to finance the acquisition, construction, and impr ovement of certain public facilities constituting the Civic Center Phase 2 Project. This debt was refunded on April 30, 2018 as part of the Lease Revenue Refunding Bonds Series 2018. The outstanding balance as of June 30, 2022 is $22,320,000. The impact fee funds 34% of the bond repayment, which means there is an outstanding balance of $7,588,800 allocated to impact fee funds. The impact fee debt service payment is split 75% from Fund 355 and 25% from Fund 356. This means there is Project No. Project Name Project Budget1
Fund 355
Expense to Date
Fund 355
Expense
FY 21-22
Fund 355 Future
Expenditures
% Funded
by Fee
Approx.

Construction
Start Date1
172201 Fire Station 4 Rebuild 5,800,000$ - - 2,900,000$ 50% 2022 - Professional Services/Contract2
- - 29,279$ - n/a
- Other Services / Bank Charges - - - - n/a - Indirect Charges3
- - 1,813$ - n/a
TOTAL PROJECT EXPENSES 5,800,000$ -$ 31,092$ 2,900,000$ - Bond Payments - Civic Center Phase 24
n/a n/a 418,027$ 5,691,600$ 26% n/a
GRAND TOTAL 5,800,000$ -$ 449,118$ 8,591,600$ 1) City of Oxnard 2022-2027 Capital Improvement Program. Construction start date may be revised pending availability of funds. 2) Charges related to development impact fee update.
3) Indirect Charges include costs related to Human Resources, Finance, City Manager, City Attorney, Treasurer, City Clerk, City Council, etc. 4) Debt service summary provided by City. Fees fund 34% of the debt with Fund 355 picking up 75% and Fund 356 picking up 25%.

Project No. Project Name Project Budget1
Fund 356
Expense to Date
Fund 356
Expense
FY 21-22
Fund 356 Future
Expenditures
% Funded
by Fee
Approx.

Construction
Start Date1
172201 Fire Station 4 Rebuild 5,800,000$ - - 2,900,000$ 50% 2022 - Other Services / Bank Charges - - - - - n/a
- Indirect Charges2
- - 648$ - - n/a
TOTAL PROJECT EXPENSES -$ -$ 648$ 2,900,000$ - Bond Payments - Civic Center Phase 23
n/a n/a 139,342$ 1,897,200$ 9% n/a
GRAND TOTAL -$ -$ 139,990$ 4,797,200$ 1) City of Oxnard 2022-2027 Capital Improvement Program. Construction start date may be revised pending availability of funds. 2) Indirect Charges include costs related to Human Resources, Finance, City Manager, City Attorney, Treasurer, City Clerk, City Council, etc. 3) Debt service summary provided by City. Fees fund 34% of the debt with Fund 355 picking up 75% and Fund 356 picking up 25%. 171
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Development Impact Fee Annual Report (FY21-22) 15

an outstanding obligation of $5,691,600 for Fund 355 and $1,897,200 for Fund 356. The payments on these bonds constitute the City’s obligations that exist through the maturity date of the bonds on June 1, 2036.

Fund 355 had a transfer of $418,026.70 for the debt service payment on the Variable Rate Demand Lease Revenue Refunding Bonds related to the Downtown Civic Center. Fund 356 had a transfer of $139,342.24 for debt service payment on the same bonds.

Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects.

There were no refunds made from this fund in FY21-22.

Fund 357: Mobility Fee
Requirement 1. Brief description of the type of fee in the account or fund.

The Mobility Fee covers the cost to
mitigate the effects of new development on
the City’s mobility facilities including
sidewalks, bike lanes, pedestrian bridges,
and other similar facilities that are
necessary to improve connectivity within
the City, impr ove bicycle and pedestrian
safety, improve bicycle and pedestrian
access to public transportation stops and
stations, and increase bicycle mode
sharing. This fee was created in the 2020
update by Resolution 15,329.

Requirement 2. Amount of the fee.

The Mobility Fee for FY21-22 is summarized in Table 15.

Table 15: Mobility Fee

Land Use
Fee as of
July 18, 2020
Fee as of
July 18, 2021
Residential (per DU)
Single Family $1,698 $2,547
Multi Family $1,123 $1,684
Non-Residential (per 1,000 SF)
Retail $573 $860
Office $684 $1,025
Industrial $243 $364
Hotel (per Room) $171 $257
172
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Development Impact Fee Annual Report (FY21-22) 16

Requirement 3. Beginning and ending balance in the account or fund.

Table 16 summarizes the beginning and ending fund balance s for the Mobility Fee for FY21-22.

Requirement 4. Amount of fees collected and the interest earned during the previous year.

Table 16 summarizes the fees collected and the interest earned for the Mobil ity Fee for FY21-22.

Table 16: Mobility Fee Fund Summary

Requirement 5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees.

Table 17 summarizes the expenditures this past year on Mobility Fee projects.

Mobility Fee
Beginning Fund Balance as of July 1, 2021 $712,785.19
Revenues
Fees Collected $38,312.61
Interest Earned $3,248.92
Fair Market Value Adjustment1 ($31,804.84)
Other Revenues $0.00
Total Revenues $9,756.69
Expenses
Project Expenses $0.00
Developer Reimbursement $0.00
Other Charges2
$0.00
Total Expenses $0.00
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2022 $722,541.88
2) Other Charges include expenses for General Fund indirect charges, other/bank charges, and consultant contract costs.
1) Fair Market Value Adjustment takes into account funding, credit risk and regulatory capital costs.
173
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Development Impact Fee Annual Report (FY21-22) 17

Requirement 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete.

Table 17 summarizes the planned future expenditures for the Mobility Fee projects.

Table 17: Mobility Fee Project Expenditures

Requirement 7. Description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended, and when each will be repaid and the rate of interest the account will receive on the loan.

There were no transfers or loans from this fund in FY21-22.

Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects.

There were no refunds made from this fund in FY21-22.

Fund 547: Public Art Program Fee
Requirement 1. Brief description of the type of fee in the account or fund.

Project No. Project Name Project Budget1
Fund 357
Expense to Date
Fund 357
Expense
FY 21-22
Fund 357 Future
Expenditures
% Funded
by Fee
Approx.

Construction
Start Date1
n/a Wooley Road Pedestrian Improvements2
2,400,000$ - - 2,400,000$ 100% 2027+
n/a Pedestrian Bridge Improvements at
Channel Islands Bridge2 250,000$ - - 250,000$ 100% 2027+ n/a
Oxnard Trail Class I Bike Path Cooper
Road to 2nd Street2
1,110,000$ - - 1,110,000$ 100% 2027+
GRAND TOTAL 3,760,000$ -$ -$ 3,760,000$ 1) City of Oxnard 2022-2027 Capital Improvement Program. Construction start date may be revised pending availability of funds. 2) Project is identified in the City of Oxnard 2022-2027 Capital Improvement Program as unfunded but qualifies for funding from the Mobility Fee Fund.

The Public Art Program Fee is based on
Resolutions No. 9813, 12290, 13013,
13736, and 14124 and was updated as part
of 2020 DIF update via Resolution 15,329.

The purpose of the program is to install
works of art in conjunction with new
development in loca tions accessible to the
public. This fee is designed to enhance the
City’s appearance and mitigate certain
effects of development projects. All new
development projects pay this fee.

174
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Development Impact Fee Annual Report (FY21-22) 18

Requirement 2. Amount of the fee.

The Public Art Program Fee for FY21-22 is summarized in Table 18.

Table 18: Public Art Program Fee

Requirement 3. Beginning and ending balance in the account or fund.

Table 19 summarizes the beginning and ending fund balances for the Public Art Program Fee for FY21-22.

Requirement 4. Amount of fees collected and the interest earned during the previous year.

Table 19 summarizes the fees collected and the interest earned for the Public Art Program Fee during FY21-22.

Table 19: Public Art Program Fee Fund Summary

Land Use
Fee as of
July 18, 2020
Fee as of
July 18, 2021
All New Development (per building SF) $0.28 $0.30
Public Art Program Fee
Beginning Fund Balance as of July 1, 2021 $1,101,386.12 Revenues
Fees Collected $65,642.24
Interest Earned $0.00
Fair Market Value Adjustment1 $0.00
Other Revenues $0.00
Total Revenues $65,642.24
Expenses
Project Expenses ($3,375.00)
Developer Reimbursement $0.00
Other Charges2 ($5,671.09)
Total Expenses ($9,046.09)
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2022 $1,157,982.27
2) Other Charges include expenses for General Fund indirect charges, other/bank charges, and consultant contract costs.
1) Fair Market Value Adjustment takes into account funding, credit risk and regulatory capital costs.
175
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Development Impact Fee Annual Report (FY21-22) 19

Requirement 5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees.

Table 20 summarizes the expenditures this past year on Public Art Program Fee projects.

Requirement 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete.

Table 20 summarizes planned future expenditures for Public Art Program Fee projects. The CIP budget team is aware of the additional funds available for Public Art projects and will begin the process of identifying further applicable projects. Public Art projects require advanced planning time as it involves multiple stakeholders and evolving design processes.

Table 20: Public Art Program Fee Project Expenditures

Requirement 7. Description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended, and when each will be repaid and the rate of interest the account will receive on the loan.

There were no transfers or loans from this fund in FY21-22.

Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects.

There were no refunds made from this fund in FY21-22.

Project No. Project Name Project Budget
Fund 547
Expense to Date
Fund 547
Expense
FY 21-22
Fund 547 Future
Expenditures
% Funded
by Fee
Approx.

Construction
Start Date
18IN10 Downtown Arts Hub Murals 45,000$ 44,698$ 3,375$ 302$ 100% In Progress n/a Downtown Mural Program 305,000$ - - 305,000$ 100% 2022 n/a Downtown Sculptures Program 50,000$ - - 50,000$ 100% 2025 n/a Citywide Mural Program 150,000$ - - 150,000$ 100% 2025 - Personnel Services/PERS - - 794$ - - n/a - Direct Labor-Regular - - 2,682$ - - n/a - Employee Benefits - - 1,090$ - - n/a
- Liability Insurance Charges - - 22$ - - n/a - Indirect Charges1
- - 1,082$ - - n/a
GRAND TOTAL 550,000$ 44,698.47$ 9,046$ 505,302$ 1) Indirect Charges include costs related to Human Resources, Finance, City Manager, City Attorney, Treasurer, City Clerk, City Council, etc. 176
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Development Impact Fee Annual Report (FY21-22) 20

Funds 603 & 605: Water Resource Development Fee & Capital Facility Charge
Requirement 1. Brief description of the type of fee in the account or fund.

The City collects a Water Resource
Development Fee and Capital
Facility Charge for new, expanded,
or additional service connections
based on the diameter of the meter
installation directly related to the
volume of water required for the
new, expanded, or additional service
connection.

The Water Resource Development Fee pays for the development of new water resources, such as recycled water, to offset demand by new customers, and water conservation projects, reducing water demand. The Water Resource Development F ee was adopted by Ordinance 2624 consistent with the requirement of Government Code Sections 54999 through 54999.6.

The Water Capital Facility Charge pays for master -planned capacity improvements to the City’s water system, such as the addition of new prod uction, treatment, storage, transmission, and distribution facilities. The Water Capital Facility Charge was adopted by Resolution 9717.

Requirement 2. Amount of the fee.

The Water Resource Development Fee and Capital Facility Charge for FY21-22 are summarized in Table 21.

Table 21: Water Resource Development Fee and Capital Facility Charge

3/4" $2,792 $341 $3,133
1" $5,583 $682 $6,265
1 1/2 " $8,375 $1,023 $9,398
2" $13,958 $1,706 $15,664
3" $30,708 $3,752 $34,460
4" $47,458 $5,799 $53,257
6" $92,125 $11,257 $103,382
8" $147,958 $18,080 $166,038
10" $315,457 $38,548 $354,005
12" $502,498 $61,404 $563,902
Water Resource
Development Fee
Capital Facility
Charge Total FeesWater Meter Size
177
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Development Impact Fee Annual Report (FY21-22) 21

Requirement 3. Beginning and ending balance in the account or fund.

Table 22 and Table 23 summarize the beginning and ending fund balances for the Water Resource Development Fee and Capital Facility Charge for FY21-22.

Requirement 4. Amount of fees collected and the interest earned during the previous year.

Table 22 and Table 23 summarize the fees collected and the interest earned for the Water Resource Development Fee and Capital Facility Charge during FY21-22.

Table 22: Water Resource Development Fee Fund Summary

Water Resource Development Fee
Beginning Fund Balance as of July 1, 2021 $18,501,701.87 Revenues
Fees Collected $676,128.93
Interest Earned $91,917.79
Fair Market Value Adjustment1 ($786,001.13)
Other Revenues $0.00
Total Revenues ($17,954.41)
Expenses
Project Expenses ($781,979.39)
Developer Reimbursement $0.00
Other Charges2 ($20,640.00)
Total Expenses ($802,619.39)
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2022 $17,681,128.07
2) Other Charges include expenses for General Fund indirect charges, other/bank charges, and consultant contract costs.
1) Fair Market Value Adjustment takes into account funding, credit risk and regulatory capital costs.
178
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Development Impact Fee Annual Report (FY21-22) 22

Table 23: Water Capital Facility Charge Fund Summary

Requirement 5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees.

Table 24 and Table 25 summarize the expenditure for this past year for the Water Resource Development Fee and Capital Facility Charge.

Requirement 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete.

Table 24 and Table 25 summarize the planned future expenditures for the Water Resource Development Fee and Capital Facility Charge.

Water Capital Facility Charge
Beginning Fund Balance as of July 1, 2021 $2,872,801.47 Revenues
Fees Collected $82,587.83
Interest Earned $3,554.51
Fair Market Value Adjustment1 ($64,046.24)
Other Revenues $0.00
Total Revenues $22,096.10
Expenses
Project Expenses $0.00
Developer Reimbursement ($1,383,143.00)
Other Charges2 ($4,290.00)
Total Expenses ($1,387,433.00)
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2022 $1,507,464.57
2) Other Charges include expenses for General Fund indirect charges, other/bank charges, and consultant contract costs.
1) Fair Market Value Adjustment takes into account funding, credit risk and regulatory capital costs.
179
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Development Impact Fee Annual Report (FY21-22) 23

Table 24: Water Resource Development Fee Project Expenditures

Table 25: Water Capital Facility Charge Project Expenditures

Requirement 7. Description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended, and when each will be repaid and the rate of interest the account will receive on the loan.

There were no transfers or loans from these funds in FY21-22.

Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects.

There were no refunds made from this fund in FY21-22.

Project No. Project Name Project Budget1
Fund 603
E xpense to Date
Fund 603
E xpense
FY 21-22
Fund 603 Future
E xpenditures
% Funded
by Fee
Approx.

Construction
Start Date1
106002
Water Distribution: Hueneme Road
Recycled Water Pipeline - Phase II 30,376,345$ 1,362,499$ 701,227$ 10,513,846$ 39% In Progress 116505 Great ASR Wells 8,574,419$ 613,168$ 80,752$ 30,103$ 8% In Progress n/a Recycled Water: AWPF
Improvements Phase I 1,000,000$ - - 250,000$ 25% 2022 n/a Recycled Water: AWPF
Improvements Phase II 28,333,334$ - - 28,333,334$ 100% 2023 - Indirect Charges 2 - - 20,640$ - - n/a
GRAND TOTAL 68,284,098$ 1,975,667$ 802,619$ 39,127,283$ 1) City of Oxnard 2022-2027 Capital Improvement Program. Construction start date may be revised pending availability of funds. 2) Indirect Charges include costs related to Human Resources, Finance, City Manager, City Attorney, Treasurer, City Clerk, City Council, etc.

Project No. Project Name Project Budget1
Fund 605
E xpense to Date
Fund 605
E xpense
FY 21-22
Fund 605 Future
E xpenditures
% Funded
by Fee
Approx.

Construction
Start Date1
216504 Recycled Water Feature at Campus Park 1,600,000$ - - 400,000$ 25% 2027+ n/a Recycled Water: AWPF Storage Construction 3,000,000$ - - 3,000,000$ 100% 2022 n/a Aquifer Storage and Recovery (ASR) Wells
Construction 15,675,000$ - - 15,675,000$ 100% n/a - Indirect Charges 2 - - 4,290$ - - n/a - Developer Reimbursement Lump Sum3 - - 1,383,143$ - - n/a GRAND TOTAL 20,275,000$ -$ 1,387,433$ 19,075,000$ 1) City of Oxnard 2022-2027 Capital Improvement Program. Construction start date may be revised pending availability of funds. 2) Indirect Charges include costs related to Human Resources, Finance, City Manager, City Attorney, Treasurer, City Clerk, City Council, etc. 3) Lump sum payment to be made to Riverpark Legacy, LLC in repayment for Vineyard Ave Improvements. 180
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Development Impact Fee Annual Report (FY21-22) 24

Funds 613 & 623: Wastewater Connection Fee & Wastewater Treatment Connection Fee
Requirement 1. Brief description of the type of fee in the account or fund.

The City collects a Wastewater System Connection Fee and Wastewater Treatment Connection Fee for new, expanded, or additional service connections. The City imposes fees based on new development’s prorated share of the cost of constructing the improvements identifi ed in the City’s Master Plans for Wastewater Treatment and Conveyance. The current wastewater fees were adopted by Ordinance 2709.

Requirement 2. Amount of the fee.

The Wastewater Connection Fee and Wastewater Treatment Connection Fee for FY21-22 are summarized in Table 26.

Table 26: Wastewater Connection Fee and Wastewater Treatment Connection Fee

Requirement 3. Beginning and ending balance in the account or fund.

Table 27 and Table 28 summarize the beginning and ending fund balances for the Wastewater Connection Fee and Wastewater Treatment Connection Fee for FY21-22.

Requirement 4. Amount of fees collected and the interest earned during the previous year.

Table 27 and Table 28 summarize the fees collected and the interest earned for the Wastewater Connection Fee and Wastewater Treatment Connection Fee during FY21-22.

Land Use
Wastewater
Connection Fee
Wastewater
Treatment
Connection Fee Total Fee
Residential
Single Family $1,458.00 $3,798.00 $5,256.00
Apartment1
$1,060.36 $2,762.18 $3,822.54
Mobile Home1
$839.45 $2,186.73 $3,026.18
Non-Residential
Non-Formula Commercial/Industrial $1,458.00 $4,078.80 $5,536.80 Commercial Laundry $1,458.00 $4,539.00 $5,997.00
Restaurants/Food Preparation $1,458.00 $7,092.20 $8,550.20 Formula Industrial User $1,458.00 $7,279.40 $8,737.40
1) Special formulas are used for mobile homes and apartment developments that can be served by a single meter. These formulas can be found in the City's most recently published Fee Schedule.
181
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Development Impact Fee Annual Report (FY21-22) 25

Table 27: Wastewater Collection Connection Fee Fund Summary

Table 28: Wastewater Treatment Connection Fee Fund Summary

Wastewater Collection Connection Fee
Beginning Fund Balance as of July 1, 2021 $4,170,925.65 Revenues
Fees Collected $356,534.00
Interest Earned $61,066.49
Fair Market Value Adjustment1 ($187,295.34)
Other Revenues $0.00
Total Revenues $230,305.15
Expenses
Project Expenses $0.00
Developer Reimbursement $0.00
Other Charges2 ($9,969.96)
Total Expenses ($9,969.96)
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2022 $4,391,260.84
2) Other Charges include expenses for General Fund indirect charges, other/bank charges, and consultant contract costs.
1) Fair Market Value Adjustment takes into account funding, credit risk and regulatory capital costs.

Wastewater Treatment Connection Fee
Beginning Fund Balance as of July 1, 2021 $7,566,709.49 Revenues
Fees Collected $866,424.12
Interest Earned ($2,855.68)
Fair Market Value Adjustment1 ($308,814.01)
Other Revenues $0.00
Total Revenues $554,754.43
Expenses
Project Expenses $0.00
Developer Reimbursement $0.00
Other Charges2 ($9,440.04)
Total Expenses ($9,440.04)
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2022 $8,112,023.88
2) Other Charges include expenses for General Fund indirect charges, other/bank charges, and consultant contract costs.
1) Fair Market Value Adjustment takes into account funding, credit risk and regulatory capital costs. 182
____________________________________________________________________________________

Development Impact Fee Annual Report (FY21-22) 26

Requirement 5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees.

Table 29 and Table 30 summarize the expenditures for this past year for the Wastewater Collection Connection Fee and Wastewater Treatment Connection Fee.

Requirement 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete.

Table 29 and Table 30 summarize the planned future expenditures for the Wastewater Collection Connection Fee and Wastewater Treatment Connection Fee.

Table 29: Wastewater Collection Connection Fee Project Expenditures

Table 30: Wastewater Treatment Connection Fee Project Expenditures

Project No. Project Name Project Budget1
Fund 613
E xpense to Date
Fund 613
E xpense
FY 21-22
Fund 613 Future
E xpenditures
% Funded
by Fee
Approx.

Construction
Start Date1
n/a Rice Avenue Sewer Pipeline Improvements 1,330,000$ - - 1,330,000$ 100% 2023 86101 Septic Conversion Loan Pro 109,967$ 57,799$ - 52,168$ 100% In Progress n/a Ventura Road Sewer Pipeline Improvements 1,755,197$ - - 1,755,197$ 100% n/a n/a
Central Trunk Sewer Manhole
Replacement - Phase I (3rd and Navarro) 2,600,000$ 2,600,000 - 2,600,000$ 100% 2027+ n/a Various Sewer Pipeline Expansion 1,300,000$ - - 1,300,000$ 100% n/a - Indirect Charges 2 - - 9,970$ - - n/a GRAND TOTAL 7,095,164$ 2,657,799$ 9,970$ 7,037,365$ 1) City of Oxnard 2022-2027 Capital Improvement Program. Construction start date may be revised pending availability of funds. 2) Indirect Charges include costs related to Human Resources, Finance, City Manager, City Attorney, Treasurer, City Clerk, City Council, etc.

Project No. Project Name Project Budget1
Fund 623
E xpense to Date
Fund 623
E xpense
FY21-22
Fund 623 Future
E xpenditures1
% Funded
by Fee
Approx.

Construction
Start Date1
186626 OWTP Reliability Improvements 20,023,391$ - - 15,000,000$ 75% 2022 n/a OWTP Electrical Improvements 25,509,445$ - - 22,231,000$ 87% 2022 n/a
Wastewater OWTP: Electrical Vault &
Conduit Rehabilitation 3,175,000$ - - 3,175,000$ 100% 2027+ n/a
Wastewater OWTP: Motor Control
Center (MCC) Construction 8,148,381$ - - 7,850,000$ 96% 2022 n/a
Wastewater OWTP: New Maintenance
Storage Building 7,946,348$ - - 7,100,000$ 89% 2022 n/a
Wastewater OWTP: Primary Clarifiers
and Activated Sludge Improvements 8,164,684$ - - 3,450,000$ 42% 2022 n/a
Wastewater OWTP: System SCADA
Improvements 9,444,145$ - - 5,000,000$ 53% 2022 - Indirect Charges 2 - -$ 9,440$ - - n/a GRAND TOTAL 82,411,394$ -$ 9,440$ 63,806,000$ 1) City of Oxnard 2022-2027 Capital Improvement Program. Construction start date may be revised pending availability of funds. 2) Indirect Charges include costs related to Human Resources, Finance, City Manager, City Attorney, Treasurer, City Clerk, City Council, etc. 183
____________________________________________________________________________________

Development Impact Fee Annual Report (FY21-22) 27

Requirement 7. Description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended, and when each will be repaid and the rate of interest the account will receive on the loan.

There were no transfers or loans from these funds in FY21-22.

Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects.

There were no refunds made from this fund in FY21-22.

Fund Summary
Table 31 provides an accounting of each impact fee fund and a total impact fee account balance .

The table summarizes the starting fund balance, the amount of fees collected, the interest earned, the total expenditures, and the fiscal year ending fund balances.

184

_____________________________________________________________________________________

Development Impact Fee Annual Report (FY21-22) 28

Table 31: Development Impact Fee Fund Summary

Description
Park Acquisition
& Development
Storm Drain
Facilities Fee
Circulation System
Improvement Fee
Capital Growth
Fee (Residential)
Capital Req.

Growth Fee (Non-
Residential) Mobility Fee
Public Art
Program Fee
Water Resource
Development Fee
Water Capital
Facility Charge
Wastewater
Connection Fee
Wastewater
Treatment
Connection Fee
Fund No. 352 353 354 355 356 357 547 603 605 613 623
Starting Balance
As of July 1, 2021 $675,923.99 $8,677,511.85 $13,718,834.94 $1,638,798.75 $2,556,695.51 $712,785.19 $1,101,386.12 $18,501,701.87 $2,872,801.47 $4,170,925.65 $7,566,709.49

RE VE NUE S
Fees Collected $43,356.50 $146,712.31 $2,654,024.13 $296,303.97 $138,964.99 $38,312.61 $65,642.24 $676,128.93 $82,587.83 $356,534.00 $866,424.12 Interest Earned $3,149.11 $38,987.63 $71,454.51 $7,864.78 $11,246.34 $3,248.92 $0.00 $91,917.79 $3,554.51 $61,066.49 ($2,855.68) Fair Market Value Adjustment1 ($29,754.94) ($372,002.13) ($658,610.08) ($74,521.53) ($110,247.51) ($31,804.84) $0.00 ($786,001.13) ($64,046.24) ($187,295.34) ($308,814.01) Other Revenues $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Revenues $16,750.67 ($186,302.19) $2,066,868.56 $229,647.22 $39,963.82 $9,756.69 $65,642.24 ($17,954.41) $22,096.10 $230,305.15 $554,754.43

E XPE NSE S
Project Expenditures $0.00 $0.00 ($186,066.89) $0.00 $0.00 $0.00 ($3,375.00) ($781,979.39) $0.00 $0.00 $0.00 Developer Reimbursement $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 ($1,383,143.00) $0.00 $0.00 Other Charges 2 ($756.00) ($18,441.00) ($16,638.96) ($31,091.71) ($648.00) $0.00 ($5,671.09) ($20,640.00) ($4,290.00) ($9,969.96) ($9,440.04) Total E xpenditures ($756.00) ($18,441.00) ($202,705.85) ($31,091.71) ($648.00) $0.00 ($9,046.09) ($802,619.39) ($1,387,433.00) ($9,969.96) ($9,440.04) Transfers in $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Transfers Out $0.00 $0.00 $0.00 ($418,026.70) ($139,342.24) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Net Transfers $0.00 $0.00 $0.00 ($418,026.70) ($139,342.24) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 E nding Balance
As of June 30, 2022 $691,918.66 $8,472,768.66 $15,582,997.65 $1,419,327.56 $2,456,669.09 $722,541.88 $1,157,982.27 $17,681,128.07 $1,507,464.57 $4,391,260.84 $8,112,023.88 Note: Small variances may appear due to rounding.
2) Other Charges include expenses for General Fund Indirect Charges, Other/Bank Charges, Developer Reimbursement, Bond Payments, Consultant Charges, Temporary Assistance 1) Fair Market Value Adjustment takes into account funding, credit risk and regulatory capital costs. 185

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. L.1

DATE: January 3, 2023

TO: City Council

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

SUBJECT: Ordinance to Regulate Expanded Polystyrene. (15 minutes)

RECOMMENDATION

That the City Council introduce the first reading by title only and waive further reading of an ordinance adding Article XXV to Chapter 7 of the Oxnard City Code prohibiting the use, manufacturing, distribution, and sale of designated polystyrene products, and find that the ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to section 15061(b)(3) of the CEQA Guidelines.

(Community Services, Public Safety, Housing & Development Committee approved 3-0.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/ATmF5_g8cc0

BACKGROUND

EXECUTIVE SUMMARY

The Expanded Polystyrene (EPS) Ordinance is intended to apply to disposable foodware and products and packaging used or distributed by food providers, persons, and businesses as further defined in this report. The EPS Ordinance is proposed to ban the distribution of EPS food containers and products at restaurants, grocery stores, convenience stores, mobile food trucks/vehicles/food vendors, street and sidewalk vendors and outdoor food sales and other businesses. It is estimated that approximately 1,300 food providers, persons, and businesses would be subject to the EPS Ordinance. This primarily includes food providers, as well as warehousing and manufacturing businesses that use EPS in their packing, distribution, and shipping processes.

Polystyrene Information

Polystyrene Plastic includes EPS, also known by the trademark name Styrofoam™, and “rigid polystyrene plastic” or “rigid plastic”. EPS is commonly used for single-use plates, cups, take-out food containers, and packaging materials.

Rigid plastics are commonly used for straws, plastic cutlery, plastic containers, and drink lids. Both types of polystyrene plastic are not currently processable at local waste collection facilities and therefore are sorted out and sent to the landfill where they are slow to degrade, leach chemicals into the environment, and break down into microplastics that negatively affect local wildlife and marine animals. More detailed information on the negative environmental, health, waste service impacts, and information on other jurisdictions' EPS Ordinances can be found in the November 22, 2022 Community Services, Public Safety, Housing & Development Committee (“Committee”) staff report (see Attachment 1).

On July 28, 2022, the City of Oxnard adopted an ordinance (Ordinance No. 3017) adding an article to the City Code restricting the distribution of single-use foodware accessories and standard condiments in accordance with Assembly Bill (AB) 1276. This ordinance regulated how foodware accessories that are commonly made of “rigid polystyrene plastics” are distributed but it did not ban the use; this is proposed to be regulated in Step 2, as described below. 186

ANALYSIS/DISCUSSION

The EPS regulatory approach recommended by staff and supported by the Committee is a two-step, multi-year process:
• Step 1: Regulate EPS and non-encased EPS through the EPS Ordinance presented in this report (see Attachment 2); and
• Step 2: Include the regulation of Rigid Plastic and other single-use plastic when Ventura County processing facilities become operational and compostable recycling markets to handle these products are developed. A local facility to handle recycling of rigid plastic and compostable foodware is anticipated to be available in the next few years.

EPS Ordinance
Staff’s recommended EPS Ordinance bans the distribution of EPS food containers and products at restaurants, grocery stores, convenience stores, mobile food trucks/vehicles/food vendors, street and sidewalk vendors and outdoor food sales and other businesses to help reduce local EPS debris in our community and align with the City’s Climate Action Adaptation Plan (CAAP). This ban would also prohibit utilizing EPS for shipping processes, where alternative non-EPS material exists.

Materials Included in the EPS Ordinance

Staff’s approach is consistent with the City of Ventura and the City of Thousand Oaks EPS Ordinance approaches. The EPS Ordinance would regulate the following types of products:
• All "Disposable foodware" or "disposables" meaning single-use, disposable products used for serving, transporting, or consuming prepared food, including but not limited to plates, bowls, trays, wrappers or wrapping, platters, cartons, hinged food containers (clam shells), condiment containers, cups or drink ware, or any other container in or on which prepared foods are placed or packaged for consumption made in whole or in part from EPS; and
• EPS products, packaging and cushioning material intended for the packaging of products, equipment, or other items, including but not limited to packing or packaging peanuts, popcorn, or noodles.

Exemptions to the EPS Ordinance

The EPS Ordinance exempts the following types of products:

1. Prepared food is packaged outside the City, provided such food is not altered or repackaged within the City limits.

2. EPS insulated containers are designed to safely transport by mail or common carrier prepared food, frozen goods, perishables, pharmaceuticals, biotech, and medical supplies in compliance with the Food and Drug Administration or other regulatory agency recommended temperatures.

3. EPS containers, plates, or trays for raw, butchered meats, fish, and/or poultry not manufactured or altered within the City.

4. Materials are secured in response and due to an emergency or for a public health and safety requirement.

5. Construction products are made from, or that includes, EPS if the products are used in compliance with other city, state, and federal provisions, codes, ordinances, or regulations.

6. EPS packaging products which have been received from sources outside the City may be reused to keep them out of the waste stream.

7. EPS materials are used to ship goods produced within the City where viable alternatives are not available.

8. Other EPS products are generated or manufactured outside of the City, including: shipping boxes, pool or beach toys, and other wholly encapsulated EPS products.

Businesses Subject to the Ordinance and Cost Differential 187

The EPS Ordinance is intended to apply to food providers, persons, and businesses as defined below:
• “Food provider" - Means any person or public agency, including the City, that distributes prepared food within the City to the public to be consumed on the premises or for take-away consumption. Food provider includes but is not limited to (1) a grocery store, supermarket, delicatessen, restaurant, drive-thru, quick-service food, cafe, cafeteria, coffee shop, snack shop, public food market, farmers market, convenience store, employee cafeterias operated at businesses located within the City or similar fixed place where prepared food is available for sale on the premises or for take-away consumption; and (2) any mobile store, food vendor, caterer, food truck, street and sidewalk vendors and outdoor food sales, vending machine or similar mobile outlet. "Food provider" also includes any business, organization, or group that regularly provides prepared food to its members or the public as part of its activities or services.
• “Persons”- Are defined in the Oxnard City Code (OCC) Section 1-3(O) as any individual, firm, association, organization, partnership, business trust, corporation or company.

In staff’s work with the City’s Business and Licensing Department, it is estimated that approximately 1,300 food providers, persons, and businesses would be subject to the EPS Ordinance. This primarily includes food providers, as well as warehousing and manufacturing businesses.

City staff have conducted research on the potential cost impact to food providers. This research indicated that on average, compliant materials cost $0.02 more per unit/disposable foodware (see Attachment 1).

Ordinance Implementation/Enforcement

The EPS Ordinance will take effect immediately and will not be enforced in the first six (6) months after adoption to allow time for outreach to the impacted businesses and organizations, and coordination with City departments. This period will also allow businesses and organizations to use previously purchased non-compliant product(s) and receive information about resources for compliant products. This phased enforcement approach of the EPS Ordinance is consistent with the implementation schedule of other jurisdictions.

It is recommended that there be a leniency period of six (6) months following the first six months after adoption of the Ordinance and it will continue until 1 year from adoption of the Ordinance. Violators cited within the leniency period may submit proof of purchase of any non-EPS containing foodware or product in any amount totaling or exceeding the amount of the fine in order to comply with the Ordinance, in lieu of payment of any fine within fourteen (14) days of issuance. Failure to provide proof of purchase will result in the citation being processed and all fees and fines owed.

The Ordinance will be fully enforced 12 months after adoption. Upon a first violation of any provision of the relevant OCC provisions, the City shall issue a written Notice of Violation to the offending establishment, person or business. If, after the specified correction period, the violation is not ceased or abated, violators of the Ordinance would be subject to the City’s general fine structure outlined in OCC, Chapter 1-10 (Violation of Code), which stipulates that every violation that the city attorney prosecutes as an infraction shall be punishable as follows:

1. A fine not exceeding $100 for a first violation of a code section or ordinance;

2. A fine not exceeding $200 for a second violation of the same code section or ordinance within one year; and

3. A fine not exceeding $500 for the third and every additional violation of the same code section or ordinance within one year.

As a best practice, a requirement to maintain purchase records for compliant non-EPS materials has been added to the EPS Ordinance (Section 7-344) in the event compliance is in question.

Council Committee, Community Engagement and Outreach

On November 22 and February 22, 2022, the Committee received an update on the City’s efforts to prepare an EPS Ordinance. Details regarding that engagement are summarized in Attachment 1.

188
As a result of the various outreach efforts, a carve out for fish and meat processing facilities was added due to the lack of non-EPS compliant packing, distribution, and shipping alternatives. A survey that was developed showed general support for an EPS Ordinance, and the proposed six-month leniency period. Community concern was expressed regarding the cost associated with securing compliant products, and what would be covered by the EPS Ordinance. Staff’s research indicated that supply chain issues are not an issue, product production is robust, and sources are readily available.

Community concern was also expressed about the development of a compliant material replacement program; bilingual materials; the identification of a dedicated non-compliant drop off location; and the date when unused non-compliant materials should no longer be used. A summary of the staff outreach, engagement, and survey results can be found in Attachment 1. Additionally, minor clerical corrections were made to the Ordinance following the Committee presentation.

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

Enforcement of this ordinance will occur as part of the Community Development Department/Code Compliance Division’s normal operations. Enforcement will not be proactive and will follow typical site inspection processes.

COMMITTEE OUTCOME

The Community Services, Public Safety, Housing & Development Committee approved 3-0 on November 22, 2022 to approve the staff recommendation and to forward the item for City Council approval.

Prepared by: Kathleen Mallory, Planning & Sustainability Manager, Chelsey Ballot, Deputy City Attorney, Rosheil Ramirez, Data Entry Operator

ATTACHMENTS

1. November 22, 2022 Committee staff report, excluding Attachments 3 and 6

2. Polystyrene Ban Ordinance

3. Presentation

189

COMMUNITY SERVICES, PUBLIC SAFETY, HOUSING &

DEVELOPMENT COMMITTEE AGENDA REPORT

REPORTS
AGENDA ITEM NO. D.3

DATE: November 22, 2022

TO: Community Services, Public Safety, Housing & Development Committee

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

SUBJECT: Ordinance to Regulate Expanded Polystyrene. (15 minutes)

RECOMMENDATION

That the Community Services, Public Safety, Housing & Development Committee (“Committee”) recommend Council approval of the EPS Ordinance to regulate the use and distribution of EPS food containers and products.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/iW_IWjtU1qc

BACKGROUND

EXECUTIVE SUMMARY

The Expanded Polystyrene (EPS) Ordinance is intended to apply to disposable foodware and products and packaging used or distributed by food providers, persons, and businesses as further defined in this report. The EPS Ordinance is proposed to ban the distribution of EPS food containers and products at restaurants, grocery stores, convenience stores, mobile food trucks/vehicles/food vendors, street and sidewalk vendors and outdoor food sales and other businesses. It is estimated that approximately 1,300 food providers, persons, and businesses would be subject to the EPS Ordinance. This primarily includes food providers, as well as warehousing and manufacturing businesses that use EPS in their packing, distribution, and shipping processes.

Polystyrene Information

Polystyrene Plastic includes EPS, also known by the trademark name Styrofoam™, and “rigid polystyrene plastic” or “rigid plastic”. EPS is commonly used for single-use plates, cups, take-out food containers, and packaging materials. Rigid plastics are commonly used for straws, plastic cutlery, plastic containers, and drink lids. Both types of polystyrene plastic are not currently processable at local waste collection facilities and therefore are sorted out and sent to the landfill where they are slow to degrade, leach chemicals into the environment, and break down into microplastics that negatively affect local wildlife and marine animals. More detailed information on the negative environmental, health, and waste service impacts can be found in the February 22, 2022 Committee Staff report (see Attachment 1).

On July 28, 2022, the City of Oxnard adopted an ordinance (Ord. Number 3017) adding an article to the City Code restricting the distribution of single-use foodware accessories and standard condiments in accordance with Assembly Bill (AB) 1276. This ordinance regulated how foodware accessories that are commonly made 67 190
of “rigid polystyrene plastics" are distributed but it did not ban the use; this is proposed to be regulated in Step 2, as described below.

Within Ventura County, the cities of Thousand Oaks, Ojai, Ventura, Camarillo, and the County of Ventura have developed EPS bans with overlaps in banned materials (see Attachment 2 ). Only the City of Ojai has developed both an EPS and a rigid plastic ordinance ban. The City of Port Hueneme is in the process of developing an ordinance, while the cities of Moorpark, Santa Paula, and Simi Valley do not have plans to adopt an ordinance.

ANALYSIS/DISCUSSION

The EPS regulatory approach recommended by staff and supported by the Committee is a two-step, multi-year process:
 Step 1: Regulate EPS and non-encased EPS through the Draft EPS Ordinance presented in this report (see Attachment 3); and
 Step 2: Include the regulation of Rigid Plastic and other single-use plastic when Ventura County processing facilities become operational and compostable recycling markets to handle these products are developed. A local facility to handle recycling of rigid plastic and compostable foodware is anticipated to be available in the next few years.

Draft EPS Ordinance
Staff’s recommended EPS Ordinance bans the distribution of EPS food containers and products at restaurants, grocery stores, convenience stores, mobile food trucks/vehicles/food vendors, street and sidewalk vendors and outdoor food sales and other businesses to help reduce local EPS debris in our community and align with the City’s Climate Action Adaptation Plan (CAAP). This ban would also prohibit utilizing EPS for shipping processes, where alternative non-EPS material exists.

Materials Included in the Draft EPS Ordinance

Staff’s approach is consistent with Ventura and Thousand Oaks EPS Ordinance approaches. The EPS Ordinance would regulate the following types of products:
 All "Disposable foodware" or "disposables" meaning single-use, disposable products used for serving, transporting, or consuming prepared food, including but not limited to plates, bowls, trays, wrappers or wrapping, platters, cartons, hinged food containers (clam shells), condiment containers, cups or drink ware, or any other container in or on which prepared foods are placed or packaged for consumption made in whole or in part from EPS; and
 EPS products, packaging and cushioning material intended for the packaging of products, equipment, or other items, including but not limited to packing or packaging peanuts, popcorn, or noodles.

Exemptions to the Draft EPS Ordinance

The Draft EPS Ordinance exempts the following types of products:

1. Prepared food packaged outside the City, provided such food is not altered or repackaged within the City limits.

2. EPS insulated containers designed to safely transport by mail or common carrier prepared food, frozen goods, perishables, pharmaceuticals, biotech, and medical supplies in compliance with the Food and Drug Administration or other regulatory agency recommended temperatures. 68 191

3. EPS containers, plates, or trays for raw, butchered meats, fish, and/or poultry not manufactured or altered within the City.

4. Materials secured in response and due to an emergency or for a public health and safety requirement.

5. Construction products made from, or that include, EPS if the products are used in compliance with other City, State, and Federal provisions, codes, ordinances, or regulations.

6. EPS packaging products which have been received from sources outside the City may be reused to keep them out of the waste stream.

7. EPS materials used to ship goods produced within the City where viable alternatives are not available.

8. Other EPS products generated or manufactured outside of the City, including: shipping boxes, pool or beach toys, and other wholly encapsulated EPS products.

Businesses Subject to the Ordinance and Cost Differential

The EPS Ordinance is intended to apply to food providers, persons, and businesses as defined below:
 “Food provider" - Means any person or public agency, including the City, that distributes prepared food within the City to the public to be consumed on the premises or for take-away consumption. Food provider includes but is not limited to (1) a grocery store, supermarket, delicatessen, restaurant, drive- thru, quick-service food, cafe, cafeteria, coffee shop, snack shop, public food market, farmers market, convenience store, employee cafeterias operated at businesses located within the City or similar fixed place where prepared food is available for sale on the premises or for take-away consumption; and (2) any mobile store, food vendor, caterer, food truck, street and sidewalk vendors and outdoor food sales, vending machine or similar mobile outlet. "Food provider" also includes any business, organization, or group that regularly provides prepared food to its members or the public as part of its activities or services.
 “Persons”- Are defined in the Oxnard City Code (OCC) Section 1-3(O) as any individual, firm, association, organization, partnership, business trust, corporation or company.

In staff’s work with the City’s Business and Licensing Department, it is estimated that approximately 1,300 food providers, persons, and businesses would be subject to the EPS Ordinance. This primarily includes food providers, as well as warehousing and manufacturing businesses.

City staff have conducted research on the potential cost impact to food providers. This research indicated that on average, compliant materials cost $0.02 more per unit/disposable foodware (see Attachment 4).

Ordinance Implementation/Enforcement

The EPS Ordinance will take effect six (6) months after adoption to allow time for outreach to the impacted businesses and organizations, and coordination with City departments. This period will also allow businesses and organizations to use previously purchased non-compliant product(s) and receive information about resources for compliant products. This phased operative date of the EPS Ordinance is consistent with the implementation schedule of other jurisdictions.

It is recommended that there be a leniency period of six (6) months after adoption of the Ordinance and it will continue until 1 year from adoption of the Ordinance. Violators cited within the leniency period may submit proof of purchase of any non-EPS containing foodware or product in any amount totaling or exceeding the amount of the fine in order to comply with the Ordinance, in lieu of payment of any fine. The Ordinance will be fully enforced 12 months after adoption. Upon a first violation of any provision of the relevant OCC provisions, the City shall issue a written Notice of Violation to the offending establishment, person or business.

If, after the specified correction period, the violation is not ceased or abated, violators of the Ordinance would 69 192
be subject to the City’s general fine structure outlined in OCC, Chapter 1-10 (Violation of Code), which stipulates that every violation that the city attorney prosecutes as an infraction shall be punishable as follows:

1. A fine not exceeding $100 for a first violation of a code section or ordinance;

2. A fine not exceeding $200 for a second violation of the same code section or ordinance within one year; and

3. A fine not exceeding $500 for the third and every additional violation of the same code section or ordinance within one year.

As a best practice, a requirement to maintain purchase records for compliant non-EPS materials has been added to the Draft EPS Ordinance (Section 7-344) in the event compliance is in question.

Council Committee, Community Engagement and Outreach

On February 22, 2022, the Committee received an update on the City’s efforts to prepare an EPS Ordinance (see Attachment 1 - February 22, 2022 Committee Packet). Three members from the community and one business advocate attended this meeting, and all supported the recommended approach identified in the report.

The business advocate asked questions regarding the proposed cost differential between EPS and non-EPS materials, and if jurisdictions with EPS bans had reported supply chain challenges in securing compliant materials. Committee members did not have any questions, but recommended the removal of a previously considered carve out for non-profit organizations (“hardship provision”). The Ordinance aligns with the City’s Climate Action and Adaptation Plan (CAAP).

Following the February 22, 2022 Committee meeting, City staff developed an interested parties list targeting businesses which may utilize EPS. The businesses identified were focused on: food establishments (fast food, restaurants, cafes, bakeries, grocery stores, mini markets, meat/fish, and coffee shops); wholesale/warehousing businesses; and mobile food vendors. In total, print and email outreach to approximately 1,300 businesses and organizations occurred. In addition, the notification included a link to the City’s webpage to direct interested parties to this site and for interested parties to receive updates on the EPS work efforts (https://www.oxnard.org/polystyrene-ordinance/).

As a result of the various outreach efforts, a carve out for fish and meat processing facilities was added due to the lack of non-EPS compliant packing, distribution, and shipping alternatives. A survey that was developed showed general support for an EPS Ordinance, and the proposed six-month leniency period. Community concern was expressed regarding the cost associated with securing compliant products, and what would be covered by the EPS Ordinance. Staff’s research indicated that supply chain issues are not an issue, product production is robust, and sources are readily available. Community concern was also expressed for development of a compliant material replacement program; bilingual materials; the identification of a dedicated non-compliant drop off location; and the date by when unused non-compliant materials should no longer be used. A summary of the staff outreach, engagement, and survey results can be found in Attachment 5.

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

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Enforcement of this ordinance will occur as part of the Community Development Department/Code Compliance Division’s normal operations. Enforcement will not be proactive and will follow typical site inspection processes.

Prepared by: Rosheil Ramirez, Data Entry Operator, Kathleen Mallory, Planning & Sustainability Manager, Chelsey Ballot, Deputy City Attorney

ATTACHMENTS

1. February 22, 2022 Committee Report

2. Summary of EPS Ordinances in Ventura County

3. EPS Ordinance

4. Summary of EPS compliant vs. non-EPS compliant cost.xlsx - FOAM Vendor Price Comparison (2)

5. Community Engagement and Outreach

6. Committee Slides - Expanded Polystyrene Ban Ordinance 71 194

COMMUNITY SERVICES, PUBLIC SAFETY, HOUSING &

DEVELOPMENT COMMITTEE AGENDA REPORT

REPORTS
AGENDA ITEM NO. D.4

DATE: February 22, 2022

TO: Community Services, Public Safety, Housing & Development Committee

FROM: Vyto Adomaitis, Community Development Director, (805) 385-7882, [email protected]

SUBJECT: Update on City Staff’s Efforts to Prepare an Expanded Polystyrene Ban Ordinance. (0/10/10)

RECOMMENDATION

That the Community Services, Public Safety, Housing & Development Committee (“Committee”) receive an update on the City’s efforts to develop an Expanded Polystyrene Ordinance.

Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/Tkdp3TicONM

BACKGROUND

EXECUTIVE SUMMARY
The City is preparing a Climate Action and Adaptation Plan (CAAP). To achieve environmental and climate goals of the CAAP, one strategy is to regulate Polystyrene Plastics. Therefore, staff is developing an ordinance to ban Expanded Polystyrene.

Polystyrene Plastic includes “Expanded Polystyrene (EPS) and “rigid plastic”. EPS, also known by the trademark name Styrofoam™, is commonly used for single-use plates, cups, take-out food containers, and packing materials. Rigid plastics are commonly used for drink lids, plastic straws, plastic cutlery, and plastic containers. For the purposes of this staff report and the proposed ordinance, staff is preparing regulations to only address EPS and non-encased EPS (commonly referred to as “flimsy” styrofoam coolers), not rigid plastics.

Staff’s recommended approach to only address EPS and non-encased EPS is because at this time there are no compostable recycling facilities within Ventura County that can process compostable rigid plastics. Therefore, if the City includes these rigid plastics in the ordinance the City will be forcing products to the landfill because there is no local technology or equipment to process these items into a usable product. Staff’s recommended approach to address Polystyrene Plastic is therefore a two step, multi-year process:
Step 1: Regulate EPS and non-encased EPS; and
Step 2: Include the regulation of Rigid Plastic, and other single use plastic when Ventura County processing facilities become operational and compostable recycling markets to handle this product are 101
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developed. A local facility to handle compostable foodware is anticipated to be available in the next few years.

EPS Polystyrene Information
EPS, which is a form of polystyrene, is a petroleum-based lightweight plastic material that can be formed into many different products. EPS is used for disposable, single-use food service containers, also referred to as food service ware, which comes in many different forms such as plates, cups, bowls, trays and lidded containers, known as clamshells. EPS is frequently used by restaurants and food establishments, including mobile food trucks/vehicles/food vendors, street and sidewalk vendors and outdoor food sales, as containers for take-out food orders or to bring home leftover food after dining. In some cases EPS may be used as the primary servicing mechanism or food ware, rather than ceramic or plastic reusable alternatives.

Negative Environmental and Health Impacts
EPS is slow to degrade, and if disposed of improperly, the product can leach chemicals into the environment harming water sources. EPS manufacturing is an enormous creator of hazardous waste. Due to its fragility and weight, this litter is one of the most prevalent and hard-to-remove items found on our storm drains, creeks, rivers, beaches, parks and open space. EPS breaks down into smaller microscopic particles, microplastics.

These microplastics are commonly ingested by marine animals and can lead to starvation as the animals’ stomachs fill with indigestible plastic. Larger pieces can suffocate or entangle sea creatures. EPS has the potential to carry and absorb various harmful pollutants and are commonly mistaken for food by local wildlife and marine animals. Ingesting these materials can cause digestive issues for the animals and contribute to the growth and accumulation of toxins within the food chain.

Confusion on Recyclability
Packaging and containers are imprinted with a recycling symbol with a number in the center. Consumers and food providers may incorrectly interpret this symbol to be an indicator that the product is recyclable; this symbol does not guarantee a product is recyclable in any jurisdiction. To successfully recycle EPS materials, they specifically need to be clear of oils, food residue, tape, cardboard material, and all possible contaminants which makes it difficult and costly to process. EPS is not recycled locally on a large scale; further, no EPS foodware products are recycled locally.

City of Oxnard Waste Services
The City of Oxnard is the City’s designated waste hauler (i.e., collection of trash, recycling, and organics) for all sectors of waste in the community (residential, commercial, industrial, and agricultural). In the City of Oxnard, the City recycles most hard plastics (i.e., water bottles, drink containers, etc.), numbers 1 through 7, with the exception of EPS. Any commodity based product which can be recycled by the City is bailed and sold on the recycling market. Trash and EPS products are disposed of at the Simi Valley Landfill and green waste is disposed of at two Agromin sites; Santa Paula and Simi Valley.

ANALYSIS/DISCUSSION
Staff’s Recommended EPS Approach
Staff is proposing a multiple step EPS Ordinance. Given that there are local EPS recycling opportunities which are financially feasible, Step 1 of an EPS Ordinance would ban the distribution of EPS food containers at restaurants, grocery stores, convenience stores, mobile food trucks/vehicles/food vendors, street and sidewalk vendors and outdoor food sales and other businesses will help reduce local litter issues and reduce EPS debris 102
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in our community. The EPS Ordinance is targeted to address food containers, single-use plates, cups, take-out food containers, and packing materials generated within the City.

Step 2 would be initiated when a Ventura County facility capable of processing this material becomes available. This step would involve the ultimate goal of banning non-compostable single use plastics (plastic lids, non- compostable cutlery, and plastic straws) in the City. Within Ventura County, the cities of Thousand Oaks, Ojai, Ventura, Camarillo, and the County of Ventura have developed EPS / Single Use Disposable Plastics (SUD) bans; with, to varying degrees, additional prohibition regarding coolers and non-encased EPS.

Only the City of Ojai has developed both an EPS/ SUD and rigid plastic ordinance ban. The cities of Moorpark, Santa Paula, Simi Valley, and Port Hueneme do not have plans to adopt an ordinance either due to staff resources, and/or Council priority.

A summary of Staff’s review of the Ventura County Ordinances (also summarized in Attachment A, more broadly with links to other California cities) is as follows:
*The cities of Ventura, Thousand Oaks, and Camarillo ordinances only address EPS products at this time.

Depending upon local processing capabilities, the cities of Ventura and Camarillo may regulate rigid plastics in 2022; hardship for EPS based enforcement through 2023.

Materials to be Included in the Proposed EPS Ordinance
Staff’s approach is consistent with Ventura and Thousand Oaks EPS Ordinance approaches. The EPS Ordinance would regulate the following types of products:
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All EPS products using polystyrene/containers: service ware for takeout food or leftovers - clamshells, bowls, plates, trays, cartons, cups, beverage containers; and Styrofoam coolers, containers, and ice chests sold within the City would be required to be encased by plastic (i.e., flimsy EPS only coolers would be prohibited).

The EPS Ordinance will exclude lids, plastic straws, stirrers, forks, spoons, knives, and other items designated for one-time use for prepared foods including without limitations until such time as a local recycling facility is able to accommodate rigid plastics. As information, plastic straws are still permitted to be distributed within food establishments but only upon request (Assembly Bill - AB1884).

Exemptions to the Proposed EPS Ordinance
Staff intends to prepare an Ordinance which exempts the following types of products:
Prepared food packaged outside the City, provided such food is not altered, packaged or repackaged within the City limits.
EPS insulated containers designed to safely transport by mail or common carrier prepared food, frozen goods, perishables, pharmaceuticals, biotech, and medical supplies in compliance with the Food and Drug Administration or other regulatory agency recommended temperatures. EPS containers, plates or trays for raw, butchered meats, fish and/or poultry. Emergency supplies; materials secured in response and due to an emergency/public health and safety.

The City may exempt a food provider or beverage provider when there is a public health and safety requirement or medical necessity to use an otherwise prohibited food ware product. During a locally declared emergency, the City, emergency response agencies operating within the City, users of City facilities, and food providers shall be exempt from the Ordinance provisions. Construction products made from or that include EPS would be exempted if the products are used in compliance with other City and State provisions, codes, and regulations. EPS packaging products which have been received from sources outside the City may be reused to keep them out of the waste stream. (i) Shipping of manufactured goods produced within the City where viable alternatives are not available.
Materials generated outside of the City would be exempt from the Ordinance. This would include: shipping boxes, pool or beach toys, packing peanuts, or other packaging materials.

Businesses Subject to the Ordinance
Staff intends to prepare an EPS Ordinance which applies to the following types of businesses:
Food Establishments - Including but not limited to grocery stores/supermarkets, restaurants, quick- service food, mobile food trucks/vehicles/food vendors, street and sidewalk vendors and outdoor food sales, or other places of business in the City that primarily operate to sell or convey food products to be consumed by the public. This includes a cafe, sit down and drive-thru restaurants/fast food establishment, cafeteria, coffee shop, snack shop, public food market, farmers' market, convenience store, or similar brick and mortar and mobile places where prepared food is available for sale on the premises or for take-away consumption. Food establishments/providers also include any business, organization, group or individual that regularly provides prepared food to its members or the public as a part of its activities or services.
Vendors operating in the City; City events; events and festivals in the City (See Attachment B) 104
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The Ordinance would include a hardship provision which would allow for phased implementation for non- profit organizations. These organizations and those that demonstrate hardship through an established non-profit status may claim undue hardship or practical difficulty. Specific examples of organizations which may be subject to phased implementation include: The Rescue Mission, Lighthouse for Women and Children, etc.. The City Manager or designee may approve a one-time, one year exemption of the EPS Ordinance requirements.

The City’s Business and Licensing Division, has estimated that there are approximately 500 food establishment types of businesses which could potentially be affected by the EPS Ordinance. Through EPS Ordinance development, additional research will be conducted to determine the potential impact on the industrial and wholesale restaurant industries. The estimated 500 businesses does not take into account industrial-based businesses.

See the next steps portion of this staff report for information outreach.

Timing for Implementation of the Ordinance/”Operative Date” Staff recommends allowing for 6 months after adoption of the Ordinance for it to become effective. This will allow for various forms of outreach to the affected businesses, non-profit organizations, and coordination with various City departments and organizations. Additionally, waiting to enforce the Ordinance will also allow businesses to use up previously purchased non-compliant product(s).

The phased operative date of the EPS Ordinance is consistent with approaches implemented in other jurisdictions. With that in mind, the EPS Ordinance will be crafted as follows:
Ordinance Adoption - Information will be disseminated to businesses, nonprofits, and others that may be impacted during the 6 months after adoption to inform those subject to regulation. The Ordinance will not be enforced until the 6th month.
Ordinance Implementation - The ordinance would be effective 6 months after adoption. For the 6 months after the effective date (total of 12 months from adoption date), enforcement of the ordinance will be lenient. See the recommended enforcement approach, below.

Ordinance Implementation/Enforcement
Ultimately, securing compliance with the Ordinance is the goal. Therefore, the intent is to garner compliance through non-punitive and creative means. The Ordinance will be written to allow violators who are cited to submit proof of purchase of ordinance compliant product in an amount equal to or greater than the fine; compliant product purchased will be permitted, in lieu of payment of any fine to be levied (for months 6-12 after adoption - known as leniency enforcement period). Within Ventura County, this model is being used in the City of Ojai.

Any person or entity that fails to comply with Oxnard Municipal Code (OMC) and each violation of the OMC shall constitute a separate offense. The City may also seek to enforce violations of the relevant OMC through the City’s civil penalty procedure. Upon a first violation of any provision of the relevant OMC provisions, the City shall issue a written Notice of Violation to the offending establishment, person or entity. The Notice of Violation shall specify the violation(s), a date by which the violation(s) must be ceased and abated. If, after the specified correction period, the violation is not ceased or abated violators of the Ordinance would be subject to the OMC, Chapter 1-10 (Violation of the Code) which stipulates:

C) Every violation that the city attorney prosecutes as an infraction shall be punishable as follows:
(1) A fine not exceeding $100 for a first violation of a code section or ordinance; (2) A fine not exceeding $200 for a second violation of the same code section or ordinance within one year; 105
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and
(3) A fine not exceeding $500 for the third and every additional violation of the same code section or ordinance within one year.

Fines, as stipulated above, would begin 12 months after Ordinance adoption; leniency via product purchase offsetting violation costs would be suspended after 12 months.

Next Steps/Community Outreach
The goal of the City’s outreach is to help businesses find affordable compliant products that work for their business needs. City staff and volunteers will help to ensure that the transition away from EPS is as smooth and affordable as possible for the business community. City staff will develop resources to help businesses, and provide one-on-one assistance as needed. Staff will also engage with the Chamber of Commerce, business community, community organizations, and non-profit organizations in EPS Ordinance development; these work efforts will occur in March/April. Public outreach would occur throughout the Spring and Summer. The finalization of the draft EPS Ordinance would occur in Summer 2022 for City Council approval of the final Ordinance in Summer/Fall 2022.

A specific outreach strategy will be developed both for ordinance development and ordinance implementation. Possible outreach methods include surveys, social media, mailers, meetings, and door to door conversations with affected businesses.

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.

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 development of the ordinance does not require additional financial resources. The Sustainability Division, housed with Community Development, is a newer division with limited staffing. As the work plan continues to evolve through the development of the CAAP a comprehensive staffing planning will be developed and presented to Council at a later date.

In Ventura County, the cities of Thousand Oaks and Ventura have staffed their EPS Ordinance Implementation efforts through either their Sustainability Division and /or Green Business coordinator. Impacts to Code Compliance have been minimal due to proactive City measures, hiring of summer intern assistance for canvassing businesses, and facilitatory approaches.

Prepared by: Kathleen Mallory, Planning & Sustainability Manager

ATTACHMENTS

1. Attachment A: Summary of Ordinances

2. Attachment B: Summary of City Festivals and Events

3. Attachment C: Staff Presentation
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Polystyrene Ordinance Research
(Local Ordinances and Peer Cities)
Local Ordinances:

1. Ojai
a. Placement:
i. Title 5: Sanitation and Health

1. Chapter 14: Environmentally Acceptable Packaging Material b. Banned materials
i. All containers, clamshells, bowls, plates, trays, cartons, cups, beverage containers, lids, straws, stirrers, forks, spoons, knives, and other items designated for one-time use for prepared foods including without limitation service ware for takeout food or leftovers.
ii. Coolers, containers, ice chests, shipping boxes, pool or beach toys, packing peanuts, or other packaging materials
c. Included Businesses
i. All City of Ojai facilities
ii. All contractors in performance of City Contracts and events promoters iii. Food Providers- any individual, business, vendor, organization, entity or group including food establishments
iv. Food Establishments- all sales outlets, stores, shops, vehicles, or other places of business in the City that primarily operate to sell or convery food products.
d. Exemptions
i. Encapsulated styrofoam goods intended for reuse- e.g. coolers, surfboard, boats, life preservers, etc.
ii. Undue hardship in writing to be approved by City Manager (1 year exemption with appeal process)

1. Can be granted in whole or in part
iii. Foods prepared outside of city limits to be sold in city limits. iv. Packaged meats
v. Construction materials
vi. Emergency Supplies
vii. Products that were received from sources outside may be reused. e. Phased or blanket?
i. Effective July 2014 following January 2014 approval f. Enforcement
i. (1) a fine not exceeding fifty dollars ($50.00) for a first violation; (2) a fine not exceeding one hundred dollars ($100.00) for a second violation of the same law within one year; and (3) a fine not exceeding two hundred fifty dollars ($250.00) for each additional violation of the same law within one year. Every violation determined to be a misdemeanor shall be punishable 107
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by: (1) a fine of not more than five hundred dollars ($500.00); or (2) imprisonment in the City or County Jail for a period up to six (6) months; or (3) both a fine and imprisonment. The court having jurisdiction to impose sentence shall determine the punishment within the limits prescribed herein for the violation.
ii. The City Manager or his/her designee may allow the violating provider, in lieu of payment of any fine levied, to submit receipts, in an amount at least equal to the amount of the fine, demonstrating the purchase after the citation date, of an amount of biodegradable, compostable or recyclable products appropriate as an alternative disposable food service ware.
g. Notes:
i. All food providers are mandated to utilize biodegradable, compostable, reusable, or recyclable options.

2. Thousand Oaks
a. Placement:
i. Title 6: Sanitation and health; Chapter 6: Prohibition on the use, distribution, and sale of expanded and rigid polystyrene products, food service ware, and utensils. And restrictions on distribution of plastic straws
b. Banned materials
i. single-use, disposable products used for serving, transporting, or consuming prepared food
ii. plates, bowls, trays, wrappers or wrapping, platters, cartons, hinged food containers, condiment containers, utensils, cups or drink ware, or any other container in or on which prepared foods are placed or packaged for consumption.
iii. expanded polystyrene loose fill packaging and cushioning material, such as foam peanuts, packing peanuts, foam popcorn or packing noodles, intended for the packaging of products, equipment, or other items.
c. Included Businesses
i. Any person or establishment that provides or sells prepared foods within the CIty to be consumed by the public
ii. a grocery store, supermarket, delicatessen, restaurant, drive-thru, cafe, cafeteria, coffee shop, snack shop, public food market, farmers' market, convenience store, or similar fixed place where prepared food is available for sale on the premises or for take-away consumption; and (2) any mobile store, food vendor, caterer, food truck, vending machine or similar mobile outlet. Food provider also includes any business, organization, group or individual that 108
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regularly provides prepared food to its members or the public as a part of its activities or services.
iii. City facilities
iv. City events
d. Exemptions
i. Food packaged outside of the city such that it is not alters or repackaged within city limits
ii. Containers plate or trays used for raw or butchered meats, fish, or poultry. iii. Food ware brought in by individuals for personal consumption iv. Public Health and Safety requirement
v. Locally declared emergency
vi. Construction products
vii. Products that have been received for from sources outside the city that might be reused to keep them out of the waste stream
viii. Shipping of manufactured goods produced within the city where viable alternatives are not available
ix. City manager to approve hardship waiver annually

1. Effective within 30 days

2. Waiver fee charged to be sufficient to cover the cost of processing. e. Phased or Immediate?
i. Passed October 2020, Effective January 2022
f. Enforcement
i. Inspections by compliance officers
ii. Each violation constitutes a separate offense
iii. First violation is a written notice with a cease by date. Persistence/ subsequent offenses result in fines.
g. Notes:
i. Plastic Utensils & straws are not to be automatically distributed- only upon request

3. Ventura
a. Placement:
i. Division 8: Public Health and Safety Regulations

1. Regulating Expanded Polystyrene Food Containers
b. Banned materials
i. Disposable Food Containers include clamshells, bowls, plates, trays, cartons, and cups, including, without limitation, food containers for takeout foods or leftovers
c. Included Businesses
i. Any person or persons providing or selling prepared food

1. A grocery store, supermarket, restaurant, drive-thru, café, coffee shop, snack shop, public food market, farmer's market, convenience 109
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store, or similar fixed place where Prepared Food is available for sale on the premises or for take-away consumption;

2. Any mobile store, food vendor, caterer, food truck, vending machine, or similar mobile outlet;

3. Any Franchise restaurant, drive-thru, café, coffee-shop or the like

4. Any organization, group, or individual that regularly provides Prepared Food to its members or the general public as a part of its activities or services.
ii. All City facilities
iii. Vendor or promoters within the city
d. Exemptions
i. Single-use items like straws, cup lids, or utensils or disposable packaging for unprepared foods.
ii. Undue hardship or practical difficulties

1. Public Works Director to grant a one time exemption for up to one year

2. All decisions are final
iii. Public Safety and Health
iv. Prepared foods outside of the city
v. Local emergency
e. Phased or Immediate?
i. Immediate effective July 1, 2021- approved 9/22/2020. A one-year exemption is available for food and beverage service providers experiencing financial hardships or practical difficulties from the ordinance f. Enforcement

1. Written warning with specifying violation and appropriate penalties for future violations

2. Each sale is a separate violation

4. Camarillo
a. Placement:
b. Banned materials
i. all containers that are used to hold prepared food or drinks. ii. clamshells, bowls, plates, trays, cartons, and cups, including, without limitation, food containers for takeout foods or leftovers from partially consumed meals prepared by food providers.
iii. Containers not wholly encapsulated or encased by a more durable material
c. Included Businesses
i. any person or place that provides or sells prepared food within the City to the general public to be consumed on the premises or for take-away consumption

1. A grocery store, supermarket, restaurant, drive-thru, café, coffee shop, snack shop, public food market, farmer's market, convenience 110
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store, or similar fixed place where Prepared Food is available for sale on the premises or for take-away consumption;

2. Any mobile store, food vendor, caterer, food truck, vending machine, or similar mobile outlet;

3. Any Franchise restaurant, drive-thru, café, coffee-shop or the like

4. Any organization, group, or individual that regularly provides Prepared Food to its members or the general public as a part of its activities or services.
ii. City Facilities
iii. City contractors in performance of city contracts iv. Public Health and Safety
d. Exemptions
i. This does not include single-use disposable items such as straws, cup lids, or utensils, nor does it include single-use disposable packaging for unprepared foods prepared outside of the City.
ii. Undue hardship or practical difficulty

1. City manager or designee to approve one-time one year exemption

2. All decisions are final
e. Phased or Immediate?
i. Blanket- effective January 2022 approved/adopted Jul 28, 2021 f. Enforcement
i. Written warning subject to fines after first offense ii. Each sale or other transfer constitutes a separate offense iii. Infraction penalties as follows: (Per their municipal code)

1. First violation not to exceed $100

2. Second violation not to exceed $200 of the same code within one year

3. Third violation not to exceed $500 each additional offense of the same code within one year

5. Ventura County
a. Placement:
i. Article 6 : Public health and Sanitation
b. Banned materials
i. expandable polystyrene food containers, bowls, plates, trays, cartons, and cups that are not intended for reuse, on or in which any foods or beverages are placed or packaged
c. Included Businesses
i. Special events in County Parks that are sponsored or co-sponsored by the county
ii. Event organizers, event vendors, and other orgs in agreement for events iii. Any vendor in a written agreement with the County for an event. 111
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d. Exemptions
i. Does not apply to spectators or event guests
e. Phased or Immediate?
i. Immediately adopted
f. Enforcement:
i. Violation of park regulations is subject to a $30 fine for each violation unless another amount is provided.
ii. Ejection from the park
iii. Appeals need to be written and filed within 10 calendar days of the written order.

Peer Cities

1. Watsonville
a. Placement: Title 6: Sanitation and Health
b. Banned materials
i. All to-go containers using plastic or plastic foam are banned- silverware, cups, plates, straws, stirrers, lids, cups, cartons
ii. Plastic Straws only given on request, no straws given or out for distribution. Straws can’t be wrapped in plastic.
iii. Plastic foam products that are to go containers, shipping boxes, packaging peanuts, pool or beach toys, or any polystyrene item not encased in durable plastic
c. Included Businesses
i. City Contractors, vendors, promoters in city contracts ii. All City facilities- prohibited from use
iii. Food providers within the city & all special event providers d. Exemptions
i. Food prepared or packaged outside of the city and sold inside the city are exempt but they are encouraged to follow.
ii. Exemptions may be made if vendor can demonstrate public health need and safety requirement of medical necessity for product

1. (a) Products made from plastic foam that is fully encapsulated or encased by a more durable material are
exempt from this Chapter. Examples include surfboards,
boats, life preservers, and craft supplies, which are fully encapsulated, and durable coolers not principally
composed of plastic foam.

2. Construction products

3. Situations deemed an emergency by City Manager
e. Phased or Immediate?
i. Effective 30 day immediately after approval- approved July 2019 f. Enforcement
i. Effective 30 days after final adoption
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ii. One year exemption after written testimony provided indicating hardship approved by the director. All decisions are final.
iii. Extensions are possible but need to be approved by the director with any additional documentation. Approval can occur in while or in part with or without conditions.
g. Notes:
i. Enact a single use fee for any single use (compostable required) fee for beverages. Customers notified on signs and on phone.WIC card or voucher are waived of this fee. No charge if a customer brings their own container. Fee enacted 5 months from ordinance date

1. Reusable cups are okay to be refused at seller discretion for sanitation and health purposes.
ii. Foodware must be compostable.
iii. Compostable receptacles must be available
iv. Encourages charge for to-go service fees, $.10 allowance.

2. Salinas
a. Placement: Chapter 14: Garbage, Recycle, And Weeds
b. Banned materials
i. All Polystyrene foam containers
c. Included Businesses
i. Food providers
ii. All City of Salinas facilities, city contractors, or special events iii. All distributors
d. Exemptions
i. No exemptions for food providers
ii. One year exemption in writing determined by city manager if acceptable, all decisions are final.
iii. Food prepared or packaged outside of the area except for things packaged or prepared in connection with a special event within the city. iv. Polystyrene foam coolers and ice chests are acceptable for food providers with the intent of reuse.
v. Use only in emergency situations:

1. During an emergency requiring immediate action to prevent or to mitigate the loss of impairment of life, health, property or essential public services, persons providing emergency relief are exempt from the provisions of this article until such time as the emergency has ceased.
e. Phased or Immediate?
i. Adopted Aug 23, 2011- effective after 6 months
f. Enforcement
i. 180 days after the effective date to use remaining stock. Voluntary compliance within that period.
ii. City Manager decides how implementation and enforcement goes (including inspections and how it should be monitored)
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iii. Violation of this article is a misdemeanor. Violations can be prosecuted administratively. Citations may be issued by persons designated by the City Manager.
iv. First violations a warning of possible repercussions. No more than 30 day to comply and a fine is paid.

1. In lieu of the fine of the first administrative citation, a receipt demonstrating a purchase of at least $100 of compliant materials can be submitted.
g. Notes:
i. Policy goal to include all vendors distributing to Salinas to follow, city encourages all nearby establishments to comply..
ii. All food providers shall utilize biodegradable, compostable, or recyclable products
iii. City Manager or designee needs to approve/determine if allowable otherwise.

3. Richmond
a. Placement: Article 9: Health
b. Banned materials
i. all containers, bowls, plates, trays, cartons, cups, and other items that are designed for one-time use for Prepared Foods, including service ware for takeout foods and/or leftovers from partially consumed meals prepared by Food Providers.
ii. This term does not include lids, straws, forks, spoons or knives. c. Included Businesses
i. Food providers-

1. Vendor, business, organization, entity, group, or individual including restaurants for retail food establishments.
ii. All City facilities and events
iii. City franchisees, contractors and vendors doing business with the City d. Exemptions
i. Foods packaged outside of Richmond
ii. Foods packaged foods prepared to go outside of Richmond iii. Expanded polystyrene coolers and ice chests intended for reuse. iv. Aluminum containers
v. Emergency use
e. Phased or Immediate?
i. Immediate effective 8 months post approval
f. Enforcement
i. Compliance checks
ii. There is a written warning notice after first offense iii. Violation must be corrected after 30 days and if not, it is a misdemeanor.

Violations after that follow their administrative citation process (fines, etc.) g. Notes:
i. Richmond has a closed loop recycling system for aluminum foil. 114
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4. Long Beach
a. Placement: Title 8- Health and Safety
b. Banned materials
i. All non-recyclable or non-compostable containers exhibiting a recycle code other than 6
ii. Whole or in Part polystyrene Meat and fish trays, Produce trays, Egg cartons
iii. Plastic or bioplastic straws
iv. Polystyrene beads for crafts, fillers for bean bags or coolers c. Included Businesses
i. Food Providers:(1) a grocery store, supermarket, restaurant, drive-thru, cafe, coffee shop, snack shop, public food market, farmers market, convenience store, or similar fixed place where prepared food is available for sale on the premises or for take-away consumption, and (2) any mobile store, food vendor, caterer, food truck, vending machine or similar mobile outlet. "Food Provider" also includes any Franchise restaurant, drive-thru, café, coffee-shop or the like. "Food Provider" also includes any organization, group or individual that regularly provides prepared food to its members or the general public as a part of its activities or services. ii. City facilities that are renter, leased, or otherwise being used for city permission

1. City will take a security deposit if they are in violation. Renting or leasing parties are responsible for their actions
iii. City sponsored events, activities, and city meetings open to the public. iv. The City, its departments, its City contractors, agents, and employees acting in their official capacity, shall not purchase, acquire or distribute for public use any polystyrene food service ware or disposables that are neither Recyclable or Compostable, or Polystyrene Coolers. v.
d. Exemptions:
i. “Small food provider”: a person or place that provides or sells prepared food within the City to the general public to be consumed on the premises or for take-away consumption, seating one hundred (100) or fewer persons.
ii. Food prepared and packaged outside of the city- provided food is not altered and repackaged within the city limits
iii. Coolers and ice chests defined as something other than polystyrene iv. Food brought by individuals for personal consumption to city facilities v. City sponsored events and permitted events authorized or permitted prior to implementation. If multi permitted- 1 year to comply vi. Emergency use
vii. Plastic beverage straws available upon request per ADA viii. Exemptions are to be filed to the director including all documentation- granted up to 1 year with or without conditions. Director decision effective 115
86 209
within 10 days of the decision and decision may be appealed. Appeal must be submitted within 3 days
e. Phased or Immediate?
i. Phased

1. City facilities, contractors, and sponsored events on or after 3 months (Original 2018 Ord)

2. Food providers- 9 months after approval (Original 2018 Ord)

3. Small food provider- 18 months after approval (Original 2018 Ord)

4. Beads/ bean bags/ coolers- 18 months after approval (Original 2018 Ord)

5. Retail sales on or after October 2020 (revision approved Feb 26, 2020)
f. Enforcement
i. This ordinance is included in their Environmental Health inspection. ii. Administrative Citation- funds from fines will go to implementation and enforcement costs.
iii. Straws and utensils provided upon request.
iv. 3 months to adopt ordinance for City facilities, contractors, and permitted city events.
v. 9 months to adopt by Food Providers
vi. 18 months for small food providers
vii. 18 months for selling or distributing or polystyrene beads for crafts or filler. g. Notes:
i. Responsible parties: Health Officers, or designee & Public Works Director, or Designee

5. Hayward
a. Placement: Article 5: Sanitation and Health
b. Banned materials
i. not limited to, plates, cups, bowls, trays and hinged or lidded containers made of polystyrene. This definition does not include single-use disposable straws, utensils or hot cup lids.
c. Included Businesses
i. Food Vendors

1. Anywhere food is prepared or provided for public consumption including grocery stores, delis, any stores.
ii. City Facility Users

1. Anyone permitted to utilize a city owned space like parks, buildings,roads, sidewalks, etc. (e.g. sidewalk vendors, events, etc.)
d. Exemptions
i. Foods pre packaged outside for city limits
ii. Coolers and Ice chests that are intended for reuse iii. Hardships cases presented to City manager
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1. Exceptions granted by City manager upon review of written statements with supplemental documentation.

2. All decisions are final
iv. Emergency
e. Phased or Immediate?
i. Approved October 19 2010 effective July 1, 2011
f. Enforcement
i. City Manager designates enforcement
ii. Written warning first and subsequent violations are subject to penalties

1. Fines are established by a resolution through council

2. Administrative hearings can be requested to challenge the validity of the citation.
iii. Each sale of polystyrene foam shall constitute a separate offense. g. Notes:
i. All included businesses must use recyclable or compostable products for disposable foodware.

6. Daly City
a. Placement: Title 8: Health and Safety
b. Banned materials
i. Polystyrene-based food service ware for providing prepared foods- not including raw animal products (e.g. eggs, meat, fish, raw foods to be cooked)
c. Included Businesses
i. Licensed retail food establishments that provide prepared food at a retail level
ii. Vendor, business, organization, entity, group, or individual d. Exemptions
i. Prepackaged foods

1. Properly labeled packaged foods to prevent human contact with product upon distribution from a manufacturer, prepared by an approved source.
ii. Coolers and ice chests intended for reuse
iii. Requests for exemption for hardship purposes available

1. Application process must be written with supplementary material to the Environmental Health Division.

2. Decisions effective immediately and are final. No appeals

3. Exemptions may be granted for up to one year and reapplication must occur prior to the one year mark in one year intervals. e. Phased or Immediate?
i. Immediate- Effective 30 days after approval (approves August 13 2012) f. Enforcement
i. Violators are fined

1. fines not to exceed $100 for first violation

2. Not to exceed $200 for second violation
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3. Not to exceed $500 for 3rd and subsequent violations ii. Each day that a vendor uses noncompliant containers would constitute a separate violation
iii. Notices will be served on the food vendor containing hearing information for contesting the fine

1. Contesting the fine would either be that they do not use the containers OR they would qualify for an exemption
iv. Failure to pay a fine within 30 day of notice goes to a collection agency. 118
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JurisdictionAdoption DateType* DescriptionAlameda2008 REST Expanded polystyrene ban, requirement that all takeout food packaging be compostable.Alameda County2015 REST Polystyrene ban for all disposable food service items, with a requirement for recyclable or biodegradable replacements.Albany2008 REST Expanded polystyrene ban, requirement that all takeout food packaging be compostable or recyclable.Aliso Viejo2005 GOV Government facility expanded polystyrene ban. Ordinance #2004-060Arcata2015 FULL Ban of distribution and sale of polystyrene food packaging products.Arroyo Grande2016 FULL Expanded polystyrene ban for both distribution and sale, with a requirement that all disposable food containers be biodegradable, compostable or recyclable.Avalon2017 RESTBan on the distribution of expanded polystyrene food containers for prepared foods.Belmont2012 REST Expanded polysytrene ban (San Mateo County ordinance).Berkeley1988 REST Expanded polystyrene ban, requirement that 50% of takeout food packaging be recyclable or compostable. Title 11.58 and 11.60 of Municipal Code. Brisbane2014 REST Polystyrene food packaging ban..Burlingame2011 RESTThe City of Burlingame passed an ordinance referencing San Mateo County's ordinance on May 16, 2011.Calabasas2008 REST Expanded polystyrene ban, requirement that all takeout food packaging be recyclable or compostable.Campbell2014 REST Expanded polystyrene foodware ban, adopted in December of 2014, effective June 1, 2015.Capitola2012 FULL Prohibit the sale of expanded polystyrene products (expansion of 2009 requirement that all disposable takeout food packaging be compostable)Carmel1989 REST Expanded polystyrene ban, requirement that 50% of takeout food packaging be recyclable, compostable or reusable.Carpenteria2017 FULL Ban on non-recyclable plastic food takeout containers, including expanded polystyrene. Chapter 8.5 of Municipal Code.Colma2013 REST Ban on polystyrene-based food service ware for prepared foods.Concord2018 REST Ban on all polystyrene foam food and beverage service ware.Contra Costa County2020 REST Ban on all polystyrene foam food and beverage service ware.Costa Mesa2020 GOV Prohibits use or purchase of EPS food service products at city facilities & city sponsored events.Culver City2017 FULL Ban on distribution or sale of expanded polystyrene food containers, and includes a provision which requires food providers to ask customers before providing disposable utensils.Cupertino2014 REST Food vendors prohibited from using eps food takeout containers.Daly City2012 REST Ban on polystyrene-based food service ware for prepared foods. Effective September 12, 2012.Dana Point2012 RESTBan on expanded polystyrene food containers. Effective six months after adoption date.Davis2017 REST Ban on polystyrene food containers, requirement that all takeout food packaging be recyclable or compostable.Del Mar2019 REST Bans distibution of polystyrene food ware. Additional prohibition of polystyrene packing materials.Del Ray Oaks2010 REST Expanded polystyrene ban, requirement that all takeout food packaging be recyclable or compostable. Municipal Code 8.30.El Cerrito2014 REST Expanded polystyrene foodware ban, requirement that food packaging be recyclable, compostable, or reusable.

List of California Jurisdictions with Polystyrene OrdinancesSource: Californians Against Wastehttps://www.cawrecycles.org/polystyrene-local-ordinances CC III A 6
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Emeryville2008 REST Expanded polystyrene ban, requirement that all takeout food packaging be recyclable or compostable.Encinitas2016 RESTIn November 2016, City Council banned all disposable food service ware made from Expanded Polystyrene for all food providers and city facilities.Fairfax1993 REST Expanded polystyrene ban for all restaurants and food retail vendors. Title 8.16.030 of Municipal Code.Fort Bragg2015 REST Eps foodware ban adopted in September 2014.Foster City2012 RESTPolystyrene ban for restaurants and food vendors, adopted October 17, 2011.Fremont2011 REST Expanded polystyrene ban for food vendors, requirement that all takeout food packaging be recyclable or compostable. Section 8.40.860 of Municipal Code.Gonzales2015 REST Expanded polystyrene ban for food vendors, requirement that all takeout food packaging be recyclable or compostable.Greenfield2015 REST Expanded polystyrene ban for food vendors, requirement that all takeout food packaging be recyclable or compostable.Grover Beach2018 FULL Ban on the sale and distribution of any expanded polystyrene products.Half Moon Bay2011 REST Half Moon Bay passed an ordinance, referencing San Mateo County's polystyrene food container ban, on May 17, 2011.Hayward2011 REST Expanded polystyrene ban for restaurant vendors, requirement that takeout food packaging be recyclable or compostable.Hercules2008 REST Expanded polystyrene ban. Sec.5-3109, Title 5, Chapter 3 of Municipal Code. Hermosa Beach2012 REST Polystyrene container ban. Effective March 2013.Huntington Beach2005 GOV Government facility expanded polystyrene ban.Imperial Beach2018 REST Ban on non-recyclable plastic food takeout containers, including expanded polystyrene. Including a ban on expanded polystyrene packaging materials. Effective 7/18/18Lafayette2015 REST CFC processed polystyrene ban, 50% of food containers must be recyclable or returnable (75% by 2020).Laguna Beach2008 REST Polystyrene ban, requirement that all plastic takeout food packaging be recyclable. Bans the retail sale of foam or other nonrecyclable plastic disposable foodware. Title 7.05 of municipal code.Laguna Hills 2008 GOV Government facility expanded polystyrene ban.Laguna Woods2004 GOV Government facility expanded polystyrene ban.Livermore2010 REST Food vendors are required to use recyclable or compostable takeout food packaging.Long Beach 2018 REST Covers restaurants and requires plastic utensils and straws upon request.Los Altos2014 FULL Starting July 4, 2014, the distribution and sale of eps foam food containers and ice chests is prohibited.Los Altos Hills2012 REST Ban on eps and non-recyclable plastic food containers.Los Angeles City 2008 GOV Government facility expanded polystyrene ban. Chapter IV, Article 13 of Municipal Code.Los Angeles County 2008 GOV Government facility expanded polystyrene ban.Los Gatos2014 REST Ban on eps food containers and coolers. Effective June 1, 2015.Malibu2005 FULL Ban on both sale and distribution of any food packaging, containers and food service ware that is made from expanded polystyrene, and that is not either compostable or recyclable. Includes a ban on the retail sale of packing materials, coolers, pool/beach toys, buoys, and other items made from expanded polystyrene. Title 9.24 of Municipal Code.CC III A 7 120
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Manhattan Beach2013 FULL In 2013 Manhattan beach adopted a polystyrene food packaging ban, updating its 1988 ban on CFC processed polystyrene. In 2014 it was amended to include ALL other non-recyclable disposables and polystyrene coolers. This makes for one of the strongest bans in the nation.Marin County2010 REST Expanded polystyrene food container ban.Marina2011 REST Expanded polystyrene food container ban. Requires the use of recyclable or compostable takeout food packaging unless alternatives are unavailable.Martinez2014 REST Ban on CFC processed polystyrene food takeout containers. Full compliance effective January 15, 2015.Mendocino County 2014 REST Expanded polystyrene food container ban adopted July 22, 2014.Menlo Park2012 REST Adopted San Mateo County's ordinance by reference in August of 2012.Mill Valley2009 RESTFood vendors and city facilities are prohibited from using expanded polystyrene foam food containers.Millbrae2008 REST Polystyrene ban, requirement that all plastic takeout food packaging be recyclable or compostable.Milpitas2017 REST Expanded polystyrene food service ware ban. Effective July, 2018Monterey City2009 REST Expanded polystyrene ban, requirement that all takeout food packaging be recyclable or compostable.Monterey County 2010 REST Expanded polystyrene ban. Title 10, Chapter 10.42 of Municipal Code.Monrovia 2017 GOVprohibits the use or purchase of expanded polystyrene food service products at City facilities.Morgan Hill2014 REST An expanded polystyrene ban in restaurants and other food facilities was adopted on October 2, 2013.Morro Bay2016 FULL Expanded polystyrene ban for both distribution and sale, with a requirement that all disposable food containers be biodegradable, compostable or recyclable.Effective May 2016.Mountain View2014 FULL A ban on expanded polystyrene food packaging products for retail sale or distribution in food facilities was adopted on March 25, 2014.Newport Beach2008 REST Expanded polystyrene ban. Title 6, Section 5 of Municipal Code.Novato2013 REST Expanded polysytrene ban.Oakland2007 REST Expanded polystyrene ban, requirement that all takeout food packaging be compostable. Businesses that generate a large portion of litter must pay a litter fee. Title 8.07 municipal code.Ojai2014 FULL Expanded polystyrene ban for all stores and vendors was passed on January 28, 2014Orange County 2005 GOV Government facility expanded polystyrene ban, including cities of Aliso Viejo, Huntington Beach, Laguna Hills, Laguna Woods, San Clemente, San Juan Capistrano and the Santa Margarita Water District.Pacific Grove2008 REST Expanded polystyrene ban, requirement that all takeout food packaging be recyclable or compostable. Title 11, Chapter 11.99 of Municipal Code.Pacifica2010 REST Expanded polystyrene ban. Effective January 1, 2010.Palo Alto2010 FULL Expanded polystyrene ban. Chapter 5.30 of Municipal Code. In November 2015 the ordinance was expanded so that retailers can no longer sell or distribute polystyrene foam of any sort. Effective March 1, 2016.Pasadena2017 FULL Polystyrene ban for all food providers, retail and government facilities/sponsored events.Petaluma2020 FULL Prohibits EPS disposable foodware and the sale of EPS coolers and packing materials.CC III A 8 121
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Pismo Beach2016 FULL Expanded polystyrene disposable food container ban, as well as a ban on the sale of any expanded polystyrene products.Pittsburg1993 GOV CFC processed polystyrene ban. Title 8.06.210 of Municipal Code.Pleasanton2013 REST Ban on polystyrene food takeout containers with a requirement for food food takeout containers to be recyclable or compostable.Portola Valley2012 REST Polystyrene ban (San Mateo County ordinance).Rancho Cucamonga2007 GOV Resolution banning polystyrene food service products at city facilities and city sponsored events.Redondo Beach2020 FULL Ban on the dispposable EPS food service ware as well as the retail sale of EPS coolers.Redwood City2013 REST Polystyrene ban (San Mateo County ordinance).Richmond2014 FULL Polystyrene ban (2010) for takeout food packaging in restaurants was expanded to prohibit retail sale of polystyrene products on July 16, 2013. Effective January 2014.Salinas2011 REST On August 16, 2011, an expanded polystyrene ban on takeout containers was passed.San Anselmo2018 FULL Bans EPS foodware and retail sale of EPS Ice Chests and Coolers.San Bruno2010 REST Polystyrene ban, requirement that all plastic takeout food packaging be recyclable or compostable.San Carlos2012 REST Adopted the San Mateo County ordinance by reference. Chapter 8.27 of Municipal Code.San Clemente2011 REST Government facility expanded polystyrene ban in 2004. Council passed a city wide ban in 2011.San Diego2019 FULL Bans the use and distribution within city limits of products like egg cartons, food containers, coolers, ice chests, pool or beach toys, mooring buoys and navigation markers made fully or partially of polystyrene foam.San Francisco 2007/2016 FULL Expanded polystyrene ban, requirement that all takeout food packaging be recyclable or compostable. On July 19th, 2016, the Board of Supervisors expanded the ban to include the sale of non-recyclable non-compostable polystyrene food service ware, egg cartons, meat trays, and packing materials, as well as coolers, pool or beach toys, and floats or buoys that are not encapsulated in a more durable material. San Francisco has the most comprehensive ban in the nation. Effective January 1, 2017.San Jose2014 REST An EPS ban in all food establishments was adopted in 2013. Prior to that, the city had a government facility expanded polystyrene ban for special events.San Juan Capistrano 2004 GOV Government facility expanded polystyrene ban.San Leandro2012 REST Expanded polystyrene food container ban, adopted October 2011.San Luis Obispo2015 FULL Expanded polystyrene food container ban. Includes ban on retail sale of foam products.San Luis Obispo County2021 FULL Expanded polystyrene food container ban. Includes ban on retail sale of foam products.San Mateo (City)2013 REST Polystyrene food packaging ban based on the San Mateo County model.San Mateo (County) 2008/2011 REST Government facility polystyrene ban passed in 2008. An expanded ban for the rest of unincorporated San Mateo County was passed in 2011, effective July 1, 2011.San Pablo2014 REST Ban on polystyrene food service ware and requires all disposable food service ware to be recyclable or compostable. Effective April 1, 2015.CC III A 9 122
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San Rafael2013 REST City Council adopted foamed polystyrene container bag in October 2012.Santa Barbara 2019 FULL Ban on expanded polystyrene food service ware and requires all disposable food service ware to be recyclable or compostable. Prohibits any retailer from selling or otherwise providing any expanded polystyrene product which is not wholly encapsulated. Effective January 1, 2019.Santa Clara (City)2015 REST Ban on polystyrene food service ware. National chain restaurants were phase in September 1st, 2014 and all other restaurants were phased in on January 1st, 2015.Santa Clara (County) 2013 REST The Santa Clara County Board of Supervisors adopted an eps takeout container ban for unincorporated county on June 5, 2012.Santa Cruz (City)2012 FULL Ban on sale of all foam polystyrene products. Prior to 2012, the City banned the distribution of expanded polystyrene food containers, with a requirement that the food packaging be recyclable or compostable.Santa Cruz (County) 2008/2012 FULL Expanded polystyrene ban, requirement that all takeout food packaging be recyclable or compostable. Title 5, Section 46 of Municipal Code. The ban was expanded to prohibit the sale of all expanded polystyrene products in stores on April 17, 2012.Santa Monica2007 REST Ban on all polystyrene AND most other non-recyclable plastic disposable food service containers. This makes for one of the strongest bans in the nation.Sausalito2008 REST Food vendors and city facilities and events are prohibited from using expanded polystyrene foam food containers.Scotts Valley2009 REST Expanded polystyrene ban, requirement that all takeout food packaging be recyclable or compostable.Seaside 2010 REST Polystyrene ban with requirement that all plastic takeout food packaging be recyclable or compostable.Solana Beach 2015 REST Ban on polystyrene and non-recyclable plastic disposable food service containers as well as ban on EPS packing materials.Sonoma (City)1989 GOV Government facility expanded polystyrene ban. Chapter 7.30 of the Municipal Code.Sonoma (County) 1989 GOVGovernment facility expanded polystyrene ban. Title 19, Section 19-6.1 of Municipal Code.South Lake Tahoe2018 FULL Ban on sale and distribution. Plastic cutlery and straws only upon request.South Pasadena2017 FULLIn November 2016, City Council banned all disposable food service ware made from Expanded Polystyrene for all food providers, retail sales and city facilities. South San Francisco2008 REST Polystyrene ban. Chapter 8.60 of Municipal Code.Sunnyvale2013 FULLExpanded polystyrene container ban in restaurants (effective Earth Day 2014) and ban on eps food packaging products for retail sale (effective Earth Day 2015).Ukiah2015 REST Eps foodware ban adopted in November of 2014.Union City2016 REST Ban on polystyrene disposable food ware and requires all disposable food ware to be recyclable or compostable. Effective January 1, 2017.Ventura County2004 GOV Government facility expanded polystyrene ban.Ventura (City)2021 REST Bans EPS food ware starting July 1, 2021.Walnut Creek2014 REST Polystyrene food packaging ban. Watsonville2009/2014 FULL Expanded polystyrene ban, requirement that all takeout food packaging be recyclable or compostable. Title 6, Chapter 6 of Municipal Code. First adopted in 2009. Amended in 2014 to include a ban on retail sales of eps products.West Hollywood1990 REST Polystyrene ban for restaurants and food vendors.Yountville1989 REST Expanded polystyrene food container ban.CC III A 10 123
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Attachment BCity of Oxnard Events
● Dia de los Muertos/Halloween● Earth Day● Halloween Float Tour● Oxnard Insect Festival● Oxnard Multicultural Festival● Santa Float Tour● Channel Islands Harbor Fireworks● Channel Islands Parade of Lights● Cinco de Mayo● Downtown Holiday Parade & Plaza Park Christmas Tree Lighting● El Grito/Fiestas Patrias● MLK March● Oxnard Jazz Festival● Collection Tree Lighting & Fireworks● Salsa Festival● Strawberry Festival● Veterans Day● Santa to the Sea● Juneteenth● Philippine Independence Day Flag Raising Ceremony● Cesar Chavez Memorial March● Gueleguetza● Car Shows● Science Carnival● Steampunk● Summer Concerts● Cowboys Camp● OPD Memorial● Amgen Tour of California● AIDS/LifeCycle● Job Fair● Rehab Point Picnic 124
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Update on Preparation of an
Expanded Polystyrene Ban Ordinance
Kathleen Mallory, Planning & Sustainability Manager
Vyto Adomaitis, Community Development Director
Community Development Department
Community Services, Public Safety, Housing & Development Committee 2/22/2022
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Executive Summary
• The City is preparing a Climate Action and Adaptation Plan (CAAP)
• Development of an Expanded Polystyrene (EPS) (commonly known as “Styrofoam”) Ordinance supports climate and
environmental goals
• EPS Ordinance intended to focus on single use plates, cups, plates, take out food containers/clamshell food containers; as well as non-encased EPS, ex: coolers
• Step 1 - EPS Ord. regulating single use plastics
• Step 2 - Banninging of rigid plastic (plastic straws, drink lids, and plastic cutlery) and other single use plastics as a subsequent action
2 126
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Background
• EPS is slow to degrade, leaches chemicals into the environment; production and degradation contributes to liter and pollution • EPS breaks down into smaller microscopic particles, called microplastics
• EPS fragile and easily breaks into many pieces
• Impacts to oceans, streams, and overall environment
• 10% of the 18 Trillion pounds of plastic produced worldwide is being recycled
• Many California jurisdictions have enacted ordinances to reduce the use of Single Use Disposable Plastics (SUD)
3 127
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City of Oxnard Waste Services
• City of Oxnard is the City’s
designated waste hauler
• Most hard plastics are recycled
by the city with the exception
of Polystyrene products
• Trash and EPS products are
disposed of at the Simi Valley
landfill
• Commodity based products
which can be recycled by the
City bailed and sold
4 128
99 222
Regulation of EPS in Ventura County 5
Cities EPS Ord. Only/Coolers EPS Ord./Coolers
and Rigid Plastics
Ventura X
Thousand Oaks X
Camarillo X
Ojai X X
Santa Paula, Simi Valley,
Moorpark, and Port
Hueneme
Do not have plans to adopt an ordinance either due to staff resources, and/or Council priority.
129
100
223
EPS Recommended Approach
• EPS Ordinance focuses on products where there is a local recycling facility/local compostability
• Inclusion of rigid plastics, where there is no local recycling facility to create useable product = would force more products to the landfill due to lack of local technology and equipment to process these products
• Development of a progressive EPS Ordinance to address rigid plastics, when a Ventura County facility capable of processing this material becomes available
6 130
101
224
EPS Ord. - What is Regulated?
EPS Ordinance would regulate the following types of products:

● All EPS products using polystyrene/container: service ware for takeout food or leftovers - clamshells, bowls, plates, trays, cartons, cups, beverage containers; and
● Non encased EPS coolers, containers, and ice chests sold within the City would be required to be encased by plastic (i.e., EPS- (styrofoam only coolers would be prohibited)
7 131
102
225
EPS Ord. - What is Exempted?
• Food, packages, and materials prepared outside of City limits • Emergency Supplies
• Locally Declared Emergencies
• Construction Products if used in compliance with City/State provisions, codes and regulations
• Materials generated outside of the City (includes shipping boxes, pool or beach toys, packing peanuts, or other packaging materials)
• EPS containers, plates or trays for raw, butchered meats, fish and/or poultry
• Foodware, plastic utensils, or plastic beverage straws brought by individuals for personal consumption - including, but not limited to schools/parks, provided the use is not part of an event 8 132
103
226
EPS Ord. - Potential Impacted Businesses
• Food Establishments
• Grocery Stores/supermarkets/outlets
• Restaurants, quick-service food
• Mobile food trucks/vehicles/food vendors
• Street and sidewalk vendors and outdoor food sales
• Restaurants, quick serve food, drive-throughs
• Cafes, drive-thru restaurants/fast food establishments, etc. • Vendors operating in the City
• City events and festivals in the City
Additional research to determine impact on industrial and wholesale restaurant industry
9 133
104
227
Implementation/Operative Date
• Delay Ord. operative date 6 months. Allows for:
• Outreach
• Businesses to use up previously purchased non-compliant product(s) • Event contracts/agreements already in place to be honored • Phased approach:
• No enforcement until 6th month after adoption to serve as an informational period
• Lenient enforcement months 6-12 after adoption
• Violators during months 6-12 may show proof of compliant purchase in lieu of paying a fine
10 134
105
228
Implementation/Operative Date, cont.
• After one year of EPS Ordinance adoption, violators will have to pay Oxnard Municipal Code violation fines, in lieu of payment of fines via compliant product
• EPS Ord. would include a hardship / practical difficulty provision to allow for phased implementation for non-profit organizations • The City Manager or designee may approve a one-time, one year exemption of the EPS Ordinance requirements for
non-profit organizations, only
11 135
106
229
Next Steps

1. Community Outreach: Spring/Summer 2022

2. Finalization of EPS Ordinance: Summer 2022

3. EPS Ordinance Adoption: anticipated Summer/Fall 2022 12 136
107
230
Recommendation
That the Community Services, Public Safety, Housing &
Development Committee (“Committee”) receive an update on the City’s efforts to develop an Expanded Polystyrene Ordinance. 13 137
108
231
QUESTIONS?
138
109
232
110
Attachment 2
233

CONTAINER PRICE COMPARISON
Webstaurant (foam) *not including lids Webstaurant (recyclable) *not including lids Smart and Final (foam) Recyclable/Compostable Material (Chaz) ITEM NAME PRICE Units/
case QTY TOTAL Cost per
Unit PRICE Units/
case QTY TOTAL Cost Per Unit
Cost difference
between Wed Foam &
Web Recycle
PRICE Units/
case QTY TOTAL Cost Per
Unit Web Recycle
Cost Difference
between Web
recycle and S&F PRICE Units/case match TOTAL
Cost Per
unit CHaz Web Foam
Cost difference
between Web
foam & Chaz
9x9 clamshell/lid
container ($ 39.49 ) 200.00 1.00 ($ 39.49 ) ($ 0.20 ) ($ 48.99 ) 200.00 1.00 ($ 48.99 ) ($ 0.24) ($ (0.05) ($ 15.29 ) 100.00 2.00 ($ 30.58 ) ($ 0.15 ) ($ 0.24) ($ (0.09) ($ 62.40 ) 200.00 1.00 ($ 62.40 ) ($ 0.31 ) ($ 0.24) ($ (0.07) 8x8 clamshell/ lid
container ($ 37.99 ) 200.00 1.00 ($ 37.99 ) ($ 0.19 ) ($ 43.99 ) 200.00 1.00 ($ 43.99 ) ($ 0.22) ($ (0.03) ($ 13.49 ) 100.00 2.00 ($ 26.98 ) ($ 0.13 ) ($ 0.22) ($ (0.09) ($ 53.50 ) 200.00 1.00 ($ 53.50 ) ($ 0.27 ) ($ 0.22) ($ (0.05) 6x6 clamshell/ lid
container ($ 45.49 ) 500.00 1.00 ($ 45.49 ) ($ 0.09 ) ($ 60.13 ) 500.00 1.00 ($ 60.13 ) ($ 0.12) ($ (0.03) N/A ($ 77.35 ) 500.00 1.00 ($ 77.35 ) ($ 0.15 ) ($ 0.12) ($ (0.03) 9x9 three
compartment
container
($ 37.99 ) 200.00 1.00 ($ 37.99 ) ($ 0.19 ) ($ 46.97 ) 200.00 1.00 ($ 46.97 ) ($ 0.23) ($ (0.04) ($ 15.29 ) 100.00 2.00 ($ 30.58 ) ($ 0.15 ) ($ 0.23) ($ (0.08) ($ 62.40 ) 200.00 1.00 ($ 62.40 ) ($ 0.31 ) ($ 0.23) ($ (0.08) 8x8 three
compartment
container
($ 39.49 ) 200.00 1.00 ($ 39.49 ) ($ 0.20 ) ($ 42.99 ) 150.00 1.33 ($ 57.18 ) ($ 0.29) ($ (0.09) ($ 13.49 ) 100.00 2.00 ($ 26.98 ) ($ 0.13 ) ($ 0.29) ($ (0.15) ($ 53.50 ) 200.00 1.00 ($ 53.50 ) ($ 0.27 ) ($ 0.29) ($ 0.02 ) 8 oz container ($ 83.80 ) 1000.00 1.00 ($ 83.80 ) ($ 0.08 ) ($ 112.49 ) 1000.00 1.00 ($ 112.49 ) ($ 0.11) ($ (0.03) ($ 3.59 ) 50.00 20.00 ($ 71.80 ) ($ 0.07 ) ($ 0.11) ($ (0.04) ($ 33.61 ) 500.00 1.00 ($ 33.61 ) ($ 0.07 ) ($ 0.11) ($ 0.05 ) 12 oz container ($ 49.49 ) 500.00 1.00 ($ 49.49 ) ($ 0.10 ) ($ 40.99 ) 500.00 1.00 ($ 40.99 ) ($ 0.08) ($ 0.02) N/A ($ 37.83 ) 500.00 1.00 ($ 37.83 ) ($ 0.08 ) ($ 0.08) ($ 0.01 ) 16 oz container ($ 60.99 ) 500.00 1.00 ($ 60.99 ) ($ 0.12 ) ($ 44.26 ) 500.00 1.00 ($ 44.26 ) ($ 0.09) ($ 0.03) ($ 2.99 ) 25.00 20.00 ($ 59.80 ) ($ 0.12 ) ($ 0.09) ($ 0.03) ($ 38.81 ) 500.00 1.00 ($ 38.81 ) ($ 0.08 ) ($ 0.09) ($ 0.01 ) 16 oz cup ($ 84.49 ) 1000.00 1.00 ($ 84.49 ) ($ 0.08 ) ($ 68.49 ) 1000.00 1.00 ($ 68.49 ) ($ 0.07) ($ 0.02) ($ 5.99 ) 50.00 10.00 ($ 59.90 ) ($ 0.12 ) ($ 0.07) ($ 0.05) ($ 84.05 ) 1000.00 1.00 ($ 84.05 ) ($ 0.08 ) ($ 0.07) ($ (0.02) 20 oz cup ($ 55.99 ) 500.00 1.00 ($ 55.99 ) ($ 0.11 ) ($ 54.49 ) 600.00 0.83 ($ 45.39 ) ($ 0.09) ($ 0.02) ($ 2.69 ) 25.00 20.00 ($ 53.80 ) ($ 0.11 ) ($ 0.09) ($ 0.02) ($ 90.81 ) 1000.00 1.00 ($ 90.81 ) ($ 0.09 ) ($ 0.09) ($ 0.00 ) 24 oz cup ($ 66.49 ) 500.00 1.00 ($ 66.49 ) ($ 0.13 ) ($ 59.49 ) 600.00 0.83 ($ 49.56 ) ($ 0.10) ($ 0.03) ($ 2.59 ) 20.00 25.00 ($ 64.75 ) ($ 0.13 ) ($ 0.10) ($ 0.03) ($ 69.55 ) 600.00 1.00 ($ 69.55 ) ($ 0.12 ) ($ 0.10) ($ (0.02) Sum of cost
difference: ($ (0.15) Sum of cost difference: ($ (0.32) Sum of cost
difference: ($ (0.18)
Average cost
difference per item: ($ (0.01) Average cost difference per item: ($ (0.04) Average cost difference per item: ($ (0.02)
Prices Surveyed on September 14, 2022
Average of cost difference per item
across surveyed providers: ($ (0.02)
Attachment 4
119
234
120
235
121
236
Summary of Polystyrene
Survey Input

73.7%

33.3%

26.3%
As of October 31, 2022, the City received 19 responses to our Polystyrene Survey. The feedback form was posted on the City's Social Media, promoted at community meetings, and flyers were handed out at the food truck event on October 6th. The 19 responses were comprised of the following business types:

Cost of procuring compliant materials
Access to compliant materials
Buisness access to information
about compliant materials
Fourteen (14) businesses cited this as a possible barrier to successful implementation
Seven (7) businesses expressed concerns in accessing compliant materials
Five (5) businesses cited access to information about compliant materials as important in successful implementation of the ordinance Public, nonprofit, private agency33.3% Restaurants22.2% Food Truck16.7%
Other food establishment11.1%Manufacturer11.1%Grocery Store5.6% Survey Question responses:

94.7%
Of the 19 responses as ofOctober 31st, 18 responded insupport of the proposed six (6)month leniency period thatwas proposed. 122
237
Additional Comments

73.7%

68.4%

42.1%
List of Businesses selling compliant
materials
Compliant material replacement
program
Dedicated drop off location and
dates for unused materials
Fourteen (14) businesses expressed interest in receiving a list of businesses where they can purchase compliant materials
Thirteen (13) businesses expressed interest in a material replacement program
Eight (8) businesses expressed interest in dedicated drop off locations and dates for non-compliant unused materials
Resources
"Communicating personally would help, rather than a mail or email." "We manufacture and ship very delicate perishable seafood product nationwide and internationally. We understand the need for lowering the usage of EPS. But within our industry, we need EPS to maintain the safety of the product for human consumption. The alternative materials will need to maintain or exceed [the performance of] EPS. The alternative solution will also need to be customizable to fit our current operation and logistics." "I think that a compliant material exchange program between business owners and the city is essential for this ordinance to work. And I also think that switching materials to something more sustainable to manufacture, source, and disintegrate would help for the future of our water sources and the way our city looks overall. Also, unrelated but we should have shade cover and a trash can at each bus stop to help with trash in the streets." "It is really terrible in a city that has so many much more pressing issues that the city government expends resources trying to regulate EPS. PLEASE STOP THE INSANITY!"
"Oxnard should not ban Styrofoam usage. The cost of paper or plastic alternatives are at least triple the cost of Styrofoam. It can even be said that plastic alternatives are just as messy, since they break apart into smaller pieces just as Styrofoam. Especially how the economy is going and how business are struggling with increase costs and inflation, switching to much more expensive materials will just add to the burden. This can also affect consumers by making there products cost more. Right now is not the time to implement these changes. We should instead focus on people not littering, fining the people littering and adding more public trash bins around the city. "
"I do not agree with the ban of polystyrene containers." 123
238

CITY COUNCIL OF THE CITY OF OXNARD
ORDINANCE NO.ORDINANCEOF THE CITYOF OXNARD,CALIFORNIAADDINGARTICLEXXV TO CHAPTER7 OF THE OXNARDCITYCODEPROHIBITING THE USE, MANUFACTURING, DISTRIBUTION, ANDSALE OF DESIGNATED EXPANDED POLYSTYRENE PRODUCTS WHEREAS, in 2015, the Governor of California approved Senate Bill (SB) 246 creatingthe Integrated Climate Adaptation and Resiliency Program to develop a cohesive andcoordinated response to climate change impacts across State, local, and regional levels; and WHEREAS, in response to SB 246, the City began preparing a Climate Action andAdaptation Plan (CAAP); and WHEREAS, the City intends to regulate Polystyrene Plastic as a strategy to achieve theenvironmental and climate goals of the CAAP; and WHEREAS, Polystyrene Plastic includes Expanded Polystyrene (EPS), known by thetrademark Styrofoam, which is commonly used for single-use plates, cups, take-out foodcontainers, and packing materials; and WHEREAS, EPS is a petroleum-based lightweight plastic material that is slow todegrade and, if disposed of improperly, can leach chemicals into the environment harming watersources; and WHEREAS, due to its fragility, EPS is one of the most prevalent and hard-to-removeitems found on our storm drains, creeks, rivers, beaches, parks, and open space; and WHEREAS, EPS is frequently used by restaurants and food establishments, includingmobile food trucks/vehicles/food vendors, street and sidewalk vendors, and outdoor food sales,as containers for take-out food orders or for leftover food after dining; and WHEREAS, plastics persist in the environment for hundreds of years, breaking downinto ever smaller pieces through photo, physical, and biological degradation, and enter the foodchain when ingested by animals that mistake them for food; and WHEREAS, the California Coastal Commission developed "A Plan of Action from ThePlastic Debris Project" in 2006 with funding from the State Water Resources Control Board, thatrecommends local government impose limits, bans, and prohibitions on materials that commonlybecome litter and marine debris; and 239
WHEREAS, manufacturing EPS creates enormous amounts of hazardous waste; and WHEREAS, no EPS foodware products are recycled locally; and WHEREAS, to successfully recycle EPS material, it must be clear of oils, food residue,tape, cardboard material, and all possible contaminants, which makes it difficult and costly toprocess; and WHEREAS, more than one hundred municipalities in California have adopted ordinancesprohibiting or restricting the distribution of polystyrene products and requiring their replacementwith cost-effective reusable, recyclable, and/or biodegradable alternatives.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OXNARD DOESORDAIN AS FOLLOWS:

Part 1.Recitals. The City Council finds that all the recitals, facts, findings, andconclusions set forth above in the preamble of this Ordinance are true and correct.

Part 2. Article XXV is hereby added to Chapter 7 of the Oxnard City Code to read asfollows:
“SEC.7-348.GENERAL PROVISIONS
(A) This Article shall be known as “City of Oxnard Prohibition ofDesignated Expanded Polystyrene Products Ordinance”. (B) Purpose and Intent. The purpose of this Article is to establishstandards and procedures for the distribution, manufacture, and use ofexpanded polystyrene (EPS) packaging and foodware to achieveenvironmental and climate change goals under the City’s Climate Action andAdaptation Plan by prohibiting the manufacture, distribution and use of EPSproducts and foodware within the City of Oxnard.

SEC. 7-349.DEFINITIONS
For the purposes of this Article, the following definitions shall apply:
(A) "Compostable" means all the materials in the product or packagewill break down, or otherwise become part of usable compost (e.g.soil-conditioning material, mulch). To be considered "Compostable",disposable foodware must meet American Society for Testing and Materials(ASTM) Standards for compostable materials and must be certified by theBiodegradable Products Institute (BPI) as such. 240
(B) "Disposable foodware" or "Disposables" means single-use,disposable products used for serving, transporting, or consuming preparedfood, including but not limited to plates, bowls, trays, wrappers or wrapping,platters, cartons, hinged food containers, condiment containers, cups ordrink ware, or any other container in or on which prepared foods are placedor packaged for consumption. (C) "Distribute" means to provide or offer to provide an item, either asa separate transaction or as part of a transaction for another item, regardlessof whether compensation is received. (D) "Encapsulated EPS products" means expanded polystyreneproducts that have been completely encased by a more durable material thatprotects the EPS material from disintegration and makes the product suitablefor reuse multiple times. (E) "Expanded polystyrene" or "EPS" means polystyrene that has beenexpanded or blown using a gaseous blowing agent into a solid foam. EPS iscolloquially called "Styrofoam," a Dow Chemical Co. trademark form ofpolystyrene foam insulation. (F) "Expanded polystyrene product" or “EPS product” means any itemsuch as a non-encased cooler or ice chest, cup, bowl, plate, hinged foodcontainer (clamshell), shipping box, packing material, or any other itemmade from expanded polystyrene. (G) "Food provider" means any person or public agency, including theCity, that distributes prepared food within the City to the public to beconsumed on the premises or for take-away consumption. Food providerincludes but is not limited to (1) a grocery store, supermarket, delicatessen,restaurant, drive-thru, quick-service food, cafe, cafeteria, coffee shop, snackshop, public food market, farmers' market, convenience store, employeecafeterias operated at businesses located within the City or similar fixedplace where prepared food is available for sale on the premises or fortake-away consumption; and (2) any mobile store, food vendor, caterer, foodtruck, street and sidewalk vendors and outdoor food sales, vending machineor similar mobile outlet. Food Provider also includes any business,organization, or group that regularly provides Prepared Food to its membersor the public as part of its activities or services. (H) “EPS foodware” or “EPS disposable foodware” means disposablefoodware made in whole or in part from EPS. (I) "Polystyrene" means a thermoplastic petrochemical materialutilizing the styrene monomer, including but not limited to polystyrene foamor EPS, processed by any number of techniques, including but not limited tofusion of polymer spheres (expandable bead polystyrene), injection molding, 241
foam molding, or extrusion- blow molding (extruded foam polystyrene), andclear or solid polystyrene (oriented polystyrene). (J) "Prepared food" means any food or beverage that is ready toconsume without any further preparation, alteration, or repackaging. (K) "Recyclable" meansmaterials that can be collectedfor return to theeconomic mainstream in the form of processed materials, rather thanbecoming solid waste. Such materials may include paper, cardboard, glass,metal, plastics, vegetable or plant matter, compostables, construction anddemolition materials, and other materials specified by the City Manager, forinclusion in the city'srecyclingprogram.

SEC. 7-350.PROHIBITION ON EXPANDED POLYSTYRENEDISPOSABLE FOODWARE (A) No food provider shall use or distribute any EPS disposablefoodware within the City of Oxnard. (B) Food providers shall:
(1) Only use and distribute disposable foodware made ofa non-EPS material; and (2) Maintain documentation about the composition of anydisposable foodware. Documentation may include information from thesupplier or manufacturer or provided in the product packaging or any otherrelevant information that demonstrates that the disposable foodware is notmade, in whole or in part, from EPS. Documentation shall be provided to theCity if requested.

SEC. 7-351.MANUFACTURE AND DISTRIBUTION OFEXPANDED POLYSTYRENE PRODUCTS No person shall manufacture or distribute in the City of Oxnard:
(A) EPS disposable foodware; or
(B) Non-encapsulated EPS products, including ice chests orcoolers, packaging and cushioning material intended for the packaging ofproducts, equipment, or other items, including but not limited to, packing orpackaging peanuts, popcorn, or noodles.

SEC. 7-352.EXEMPTIONS
The following EPS foodware and products are exempt from the provisions 242
of this Article:
(A) Prepared food packaged outside the City, provided such foodis not altered or repackaged within the City limits. (B) EPS insulated containers designed to safely transport by mailor common carrier prepared food, frozen goods, perishables,pharmaceuticals, biotech, and medical supplies in compliance with the Foodand Drug Administration or other regulatory agency recommendedtemperatures. (C) EPS containers, plates, or trays for raw eggs, butcheredmeats, fish, and/or poultry. (D) Materials secured in response and due to an emergency or fora public health and safety requirement. (E) The City may exempt a food provider or person when there isa locally declared emergency, a public health and safety requirement or amedical necessity to use an otherwise prohibited EPS product. (F) Construction products made from, or that include, EPS if theproducts are used in compliance with other City, State, and Federalprovisions, codes, ordinances, or regulations. (G) EPS packaging products which have been received fromsources outside the City may be reused to keep them out of the waste stream. (H) EPS materials used to ship goods produced within the Citywhere viable alternatives are not available. (I) Other EPS products generated or manufactured outside of theCity, including: shipping boxes, pool or beach toys, and other whollyencapsulated EPS products. (J) Situations where no reasonably feasible and availablealternative exists to a specific and necessary EPS use.

SEC. 7-353AUTHORIZATION
(A) The City Manager shall have primary responsibility forenforcement of this Article and shall have authority to issue citations forviolation of any provision of this Article. The City Manager may establishregulations or administrative procedures and take any actions reasonable andnecessary to further the purpose of this Article or to obtain compliance withthis Article, including, without limitation, performing an inspection to verify 243
compliance with this Article.
(B) The City may inspect and monitor affected food providers orpersons locations to determine compliance with this Article.

SEC. 7-354ENFORCEMENT
(A) The City Manager, charged with enforcing the provisions ofthe Oxnard City Code, or any provision thereof, may enter a food provider’sor person’s location within the City of Oxnard during operating hours andwithout notice, to request access to records for verification of procurementof EPS compliant foodware or EPS compliant products. If requested by theCity, food provider or person shall provide records documentingprocurement of compliant materials as stipulated by this Article. (B) It is unlawful for any food provider or person to impede,obstruct, interfere with, or otherwise not allow, the City to conduct aninspection of the location, or inspect, review, or copy records required to bemaintained by a food provider or person under this Article. It is alsounlawful for a food provider or person to conceal, destroy, deface, or falsifyany records or other documents required to be maintained under this Article. (C) It shall be unlawful for any food provider or person to fail tocomply with this Article. (D) Any violation of this Article or other ordinance discoveredduring an inspection shall constitute a separate offense. (E) Each and every violation of the provisions of this Article ishereby deemed unlawful and a public nuisance. (F) Upon first violation of any provision of this Article, the Cityshall issue a written Notice of Violation to the offending food provider orperson. The Notice of Violation shall specify the violation(s), and a date bywhich the violation(s) must be ceased or abated. If, after the specifiedcorrection period, the violation is not ceased or abated, the City may issue acivil citation, assessing fines in accordance with Oxnard City Code Section1-10, which stipulates:
(1) A fine not exceeding $100 for a first violation of acode section or ordinance; (2) A fine not exceeding $200 for a second violation ofthe same code section or ordinance within one year; and (3) A fine not exceeding $500 for the third and every
244
additional violation of the same code section or ordinance within one year. (G) Any citation issued for a violation of this Articleshall givenotice of the right to request an administrative hearing to challenge thevalidity of the citation and the time for requesting that hearing as providedfor inChapter 7, Article IIIof the Oxnard City Code.

SEC.7-355OPERATIVE DATE EDUCATION AND PHASE INPERIODS
(A) The first six (6) months after this ordinance takes effect willbe an education period with no enforcement. A six (6) month phase in periodwill follow the education period. This ordinance will be fully enforcedtwelve (12) months after the ordinance takes effect. (B) During the phase in period, in lieu of payment of any fineviolators cited may submit proof of purchase of any non-EPS containingfoodware or product in any amount totaling or exceeding the amount of thefine in order to comply with the ordinance. Proof of purchase of EPScompliant materials must be submitted within fourteen (14) days of the civilcitation. Failure to provide proof of purchase will result in citation beingprocessed and all fees and fines owed.

SEC. 7-356OTHER REMEDIES
(A) The remedies and penalties provided in this Article arecumulative and not exclusive, and nothing in this Article shall preclude theCity from pursuing any otheradministrative, civil,or criminal enforcementremedies available under the law and/or the city code. ” Part 3. The City Council determines and finds that this ordinance is exempt from theCalifornia Environmental Quality Act (CEQA) under section 15061(b)(3) of the CEQAGuidelines because the activity is covered by the general rule that CEQA applies only to projectswhich have the potential for causing a significant effect on the environment. Where it can beseen with certainty that there is no possibility that the activity in question may have a significanteffect on the environment, the activity is not subject to CEQA.

Part 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase, orportion of this Ordinance or the application thereof to any person or place, is for any reason heldto be invalid or unconstitutional by the final decision of any court of competent jurisdiction, theremainder of this Ordinance shall remain in full force and effect.

Part 5. Pursuant to Cal. Gov. Code Section 36933(c)(1), the City Attorney was designatedto prepare, and the City Clerk published, a summary of this ordinance, and a certified copy of theordinance was posted in the Office of the City Clerk a minimum of five days before the CityCouncil’s adoption of the ordinance. 245
Part 6.The City Clerk shall certify as to the adoption of this ordinance and shall cause thesummary thereof to be published within fifteen (15) days of the adoption and shall post acertified copy of this ordinance, including the vote for and against the same, in the office of theCity Clerk, in accordance with Government Code Section 36933.Ordinance No. _______ wasfirst read on _______________, 2023, and finally adopted on ___________________, 2023, tobecome effective 30 days thereafter.

Part 7. This ordinance shall become effective on ______________, 2023.

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________John C. Zaragoza, Mayor ATTEST:
__________________________________Rose Chaparro, City Clerk APPROVED AS TO FORM:
__________________________________Stephen M. Fischer, City Attorney 246
Ordinance to Regulate Expanded
Polystyrene
Kathleen Mallory, Planning & Sustainability Manager
Community Development Department
City Council Meeting
January 3, 2023
Background
• Polystyrene Plastic includes EPS, also known by the
trademark name Styrofoam™, and “rigid polystyrene plastic.” • EPS most commonly used for food and product packaging; are not processable at local waste collection facilities; • Slow to degrade, EPS leaches chemicals into the
environment and production and degradation contributes to liter and pollution;
• July 28, 2022 - City Council approved an ord. restricting the distribution of single-use foodware accessories and
standards condiments; does not restrict or prohibit use; and • November 22, 2022 - Community Services, Public Safety, Housing & Development Committee recommended approval
of the Ord.
2 247
Approach to Regulate EPS
A progressive EPS ord. approach:
• Step 1: Regulate EPS and non-encased EPS through
EPS Ordinance; and
• Step 2: Regulate Rigid Plastic, and other single use
plastic when Ventura County processing facilities
become operational and compostable recycling markets
to handle these products are developed. A local facility anticipated to be available in the next few years.
• City approach is consistent with Ventura County cities:

Thousand Oaks, Ojai, Ventura, Camarillo, and County of
Ventura; and
• Port Hueneme in process of developing ord. Moorpark, Santa Paula, Simi Valley no plan to regulate EPS.
3 What is Regulated?
EPS Ordinance regulate the following types of products:
● Single-use, disposable products used for serving,
transporting, or consuming prepared food, including but not limited to plates, bowls, trays, wrappers or wrapping, platters, cartons, hinged food containers (clamshells), condiment containers, cups or drinkware, or any other container in or on which prepared foods are placed or packaged for
consumption made in whole or in part from EPS and not
repackaged or altered; and
● Non-encapsulated EPS products, including packaging and cushioning material intended for the packaging of products, equipment, or other items, including but not limited to packing or packaging peanuts, popcorn, or noodles.
4 248
Businesses Subject to the Ordinance
• Food Providers
• Grocery Stores/supermarkets/outlets
• Restaurants, quick-service food
• Mobile food trucks/vehicles/food vendors
• Street and sidewalk vendors and outdoor food sales
• Restaurants, quick serve food, drive-throughs
• Cafes, drive-thru restaurants/fast food establishments, etc.
• Businesses, and distributors operating in the City;
• Estimated 1,300 food providers, persons, and businesses subject to EPS Ordinance; and
• Warehousing and manufacturing businesses that use EPS in their packing, distribution, and shipping process.
5 Exemptions to the EPS Ordinance
Sampling of Exemptions (full list Section 7-342):
• Food packaged outside the City and not altered or
repackaged.
• EPS insulated coolers; designed to safely transport by mail or common carrier prepared food, frozen goods,
perishables, pharmaceuticals, biotech, and medical
supplies in compliance with the Food and Drug
Administration or other regulatory agency
recommended temperatures.
• EPS containers, plates, or trays for raw, butchered
meats, fish, and/or poultry not manufactured or altered within the City.
6 249
Exemptions to the EPS Ordinance, cont.

Sampling of Exemptions (full list Section 7-342):
• Materials secured in response and due to an emergency or for a public health and safety requirement;
• EPS packaging products which have been received from
sources outside the City may be reused to keep them out of the waste stream;
• EPS materials used to ship goods produced within the City where viable alternatives are not available; and
• Other EPS products generated or manufactured outside of the City, including: shipping boxes, pool or beach toys, and other wholly encapsulated EPS products.
7 Cost Differential
• Committee, and community interest in cost differential to procure compliant materials;
• Research indicated that on average compliant materials cost $0.02 more per unit/disposable foodware;
• Supply chain issues are not an issue; product production is robust; and sources are readily available; and
• Engagement efforts helped identify local vendors producing non-EPS options.
8 250
Ordinance Implementation
• Ordinance provides a 6 month period of no punitive
enforcement to allows for:
• Education and outreach to businesses about Ordinance
and information on compliant materials; and
• Businesses to use up previously purchased
non-compliant product(s).
• Following the 6 month period, there will be a phase in period in which:
• Businesses that are not in compliance will be issued a warning and 14 days to show proof of complaint purchase before a formal citation is issued.
• After one year of EPS Ordinance adoption, violators will have to pay Oxnard City Code violation fines.
9 Committee/Community Engagement/Outreach
• Nov. 22 & Feb. 22, 2022 - Community Services, Public
Safety, Housing & Development Committee provided input on the Draft EPS Ord. and recommended approval;
• Carve out for fish and meat processing facilities due to lack of non-EPS compliant packing, distribution, and shipping
alternatives;
• EPS Ordinance aligns with the City adopted Climate Action and Adaptation Plan (CAAP);
• City staff developed an interested parties list targeting businesses which may utilize EPS. Robust and extensive
community engagement to approx. 1,300; and
• Focused on food establishments, wholesale/warehousing businesses, and mobile food vendors.
10 251
EPS Survey and Engagement Results
• General support for EPS Ordinance;
• Concern over cost and securing compliant products;
• Knowledge regarding what is contained in EPS Ordinance; • Need for information on where compliant products can be procured, dropped off, and bi-lingual information materials would be good; and
• Appreciation for English/Spanish survey/engagement.
11 Committee Outcome
The Community Services, Public Safety, Housing & Development Committee approved 3-0 on November 22, 2022 to approve the staff recommendation and to forward the item for City Council approval.
12 252
Recommendation
That the City Council introduce the first reading by title only and waive further reading of an ordinance adding Article XXV to Chapter 7 of the Oxnard City Code prohibiting the use,
manufacturing, distribution, and sale of designated polystyrene products, and find that the ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to section 15061(b)(3) of the CEQA Guidelines.
13 QUESTIONS?
253

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. L.2

DATE: January 3, 2023

TO: City Council

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

SUBJECT: On-Call Consulting Services for Community Development. (10 minutes)

RECOMMENDATION

That the City Council:

1. Approve and authorize the execution of a First Amendment to the Agreement with Rincon Consultants, Inc. for on-call contract planning services, increasing the agreement amount by $500,000 for a total agreement amount of $1,250,000;

2. Award agreement to Interwest Consulting Group, Inc. for on-call planning as well as on-call development plan check services in the amount of $1,100,000; and

3. Approve a budget appropriation in the amount of $350,000 for development plan check services.

(Community Services, Public Safety, Housing & Development Committee approved 3-0.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/O1ZiduE0J68

BACKGROUND

Community Development has been increasingly utilizing professional on-call planning and development plan check service in an effort to mitigate the ongoing staff shortages, extended processing timelines, and a backlog of projects. For the Planning Division, this is further exacerbated by an increase in the number of various types of permits due to changes in State laws. While the long-term business model for Community Development is to continue to fill vacant positions and perform permit processing work in-house, there has been a persistent backlog due to staff shortages that will require the continued use of consulting on-call planning and development plan check service for the next few fiscal years. As of December 1st, there are eight vacant planning positions, and three vacancies within the Building Division. We anticipate that the need for consulting on-call services will taper off as vacant positions are filled and new employees are trained and as the backlog of projects is cleared.

As of November 14, 2022 there were approximately 250 active planning permits. As of November 28, 2022, there were approximately 300 active building permit applications. The staff vacancies coupled with the high number of projects has led to extended processing timelines.

Currently, Community Development uses the following for on-call planning or development plan check services:

Consultant Services Term Contract
NTE
Rincon On call Planning, environmental reviews,
long-range planning
July 2021-June 2024 $750,000*
254
CSG On call Planning, Development plan
check
July 2021-June 2024
March 2022-March
2025
$250,000
$500,000
M6 Development plan check February 2022-
February 2025
$2,000,000
Bureau Veritas Development plan check November 2020-
December 2022
$525,000**

*subject report recommends increase to $1,250,000
**amendment to extend the term is in process to allow for close-out of projects already underway

DISCUSSION

Building and Engineering increased utilization of on-call consulting plan check services in an effort to mitigate the ongoing plan check review timelines and backlog that began with the pandemic. With increased vacancies and development projects this backlog has grown over the last year, and staff anticipates the continued use of consulting plan check services for the next few fiscal years.

In the Planning Division, contract planning staff, through on-call agreements ( “contract planners”), are primarily used for: a) augmentation of Planning staff for the processing of development projects, and longer range or policy related work tasks; and b) assistance with interdepartmental projects and/or departmental project management. The use of contract planners through on-call agreements allows Planning the ability to respond quickly to these various types of work when full-time staff is not available.

Over the past few years, contract planners have been utilized to work primarily on “deposit based” permits, which may include environmental work. Deposit-based permits, means the cost of the contract planners is 100% covered by the applicant. Going forward, there is a need to assign a “fixed-fee" permit type to the consultants to get through the backlog of permits. This may mean the use of the consultants will not be 100% recoverable. The same would be true if the projects are assigned to staff. Some examples of projects assigned or completed by contract planners include:
• Sakioka Farms Implementation and Monitoring
• U-Haul of North Oxnard (2420 North Oxnard Boulevard - former Levitz site) • Wagon Wheel (Oxnard Boulevard & Wagon Wheel Road)
• Avalon Homes (Wooley Road & Edison Canal)
• Oxnard Aquatics Center
• Campus Park Activation Project
• Wireless permits

Additionally, Planning staff recently completed or is currently involved in managing a number of complex long-range projects such as the implementation of the City’s 6th cycle Amended Housing Element and inclusionary housing ordinance, planning efforts associated with the housing and sustainability-related grant projects (Senate Bill 2 Housing/Planning Grant and Local Early Action Planning (LEAP) Grant), documents and research related to the new State mandates pertaining to Vehicle Miles Traveled (VMT), and updates to the City’s environmental thresholds and guidelines. In the next few years, as a result of the federal and State approaches and mandates to address climate change, sustainability, housing mandates, and other legislative changes, staff anticipates utilizing contract planners to assist in writing, applying for, and managing grant projects.

Rincon

As a result of a competitive Request for Qualifications (RFQ) process, in July 2021 the City entered into a contract with Rincon Consultants, Inc. (“Rincon”) for contract planners, including long range planning efforts.

Planning’s use of contract planners has outpaced the current Agreement with Rincon Consultants, Inc. to the extent that 255
the current agreement has nearly been fully encumbered as of November 2022; thus, an increase in the total agreement amount is being sought. The First Amendment includes an update to Rincon’s rate schedule and will increase the agreement by $500,000.

Interwest

The Public Works Department has an existing on-call contract with Interwest Consulting Group, Inc. for up to $1,000,000 for project management, traffic engineering, engineering plan review and construction management, inspection and testing consulting and services. Interwest also provides high quality on-call planning, as well as development plan check services. Due to the urgency highlighted above, and because Community Development is trying to get through the backlog of permits, while low on both planners and engineers, staff recommends entering into another contract with Interwest for $1,100,000 in on-call planning as well as on-call development plan check services for a term of three years.

Interwest has considerable experience in providing the types of on-call planning and plan check services necessary to assist city staff in addressing the planning and engineering division backlogs. Adding the additional on-call plan check consulting services offered by Interwest will allow both the planning and engineering divisions to aggressively address the project backlogs by using multiple consultants in addition to in-house staff. Staff has worked with the Interwest team to prepare the proposed contract, provided in Attachment 3. As noted above the contract, if approved, will have a not to exceed of $1,100,000. Work performed by Interwest will be charged on a per task or per project basis, consistent with other existing on-call support services.

ERP Impact

In addition to the plan check backlog effort, Community Development will begin the implementation of the new ERP software (EnerGov) that will replace our current computer software starting in January of 2023. This effort will require additional professional consulting services from on-call consultants to offset the significant staff time the ERP implementation will require. We anticipate using all approved and available on-call contract services in this effort.

STRATEGIC PRIORITIES

This agenda item supports Economic Development strategy. The purpose of the Economic Development strategy is to focus on the retention and expansion of Oxnard businesses by increasing the skills and employability of our local workforce, invite new business investments, and target site-based redevelopment opportunities.

FINANCIAL IMPACT

With the proposed increase, the cost of the agreement with Rincon for on-call services will total $1,250,000. Staff estimates there should be sufficient salary savings in the Planning Division this fiscal year - due to vacancies - to pay for anticipated planning services performed by Rincon. The amendment may also be funded by developer deposits received to date and additional future deposits, grant funding, General Plan Maintenance Fee funds (GPMF), and funding from other City departments for specific projects. These same funding sources, along with the general fund, will be utilized for the Interwest contract for planning services.

Planning collects permit revenue which helps to offset the contract expenses and their impact to the General Fund. In FY 2020-2021 and FY 2021-2022, Planning collected a total of $2,038,912 and $1,329,239 in total General Fund revenue, respectively.

A budget appropriation of $350,000 for the Building & Engineering Division is needed for the contract for on-call development plan check services.

In light of the many above referenced different funding sources for this contract, the Community Development Department will continue to work with the Finance Department to ensure the availability of funds prior to assignment of each major task under the contracts.

COMMITTEE OUTCOME

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The Community Services, Public Safety, Housing & Development Committee Committee approved 3-0 on December 13, 2022 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Jeff Pengilley, Assistant Community Development Director, Joe Pearson II, AICP, Planning & Environmental Services Manager

ATTACHMENTS

1. First Amendment Rincon Consultants, Inc

2. Original Agreement A-9202-21_Rincon Consultants, Inc.

3. Interwest Agreement A-8511

4. Presentation

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Agreement No. A-8511

AGREEMENT FOR PROFESSIONAL SERVICES

COVER PAGE

(1) Agreement Start Date: January 4, 2023
(2) Consultant: Interwest Consulting Group, Inc.
(3) Services: Providing on-call permit processing services as well as on-call building plan check and inspection services as further described in the attached Scope of Services Exhibit. (4) Schedule of Services: The services will be completed by the dates listed in the particular task orders issued by the City, but in no event shall services be rendered after the Agreement Ending Date listed below. (5) Agreement Ending Date: January 3, 2026
(6) Total Agreement Amount: $1,100,000
(7) City’s Project Manager: Ashley Golden, Acting Community Development Director (8) Consultant’s Project Manager: Paul Junker, Planning Services Group Leader and Faye Yuan, CBO, Building & Safety Regional Manager
(9) Insurance Coverage: INS-A
(10) Addresses for Notice:

FOR CONSULTANT: FOR CITY:
9320 Chesapeake Dr. 300 W. Third Street, Fourth Floor San Diego, CA 92123 Oxnard, CA 93030
Attn: Paul Meschino, President Attn: Ashley Golden, Acting Community Development Director
(11) Contact Emails:

CONSULTANT’S PROJECT CITY’S PROJECT MANAGER:

MANAGER:
[email protected] [email protected]
[email protected]

The Agreement for Professional Services is attached hereto and incorporated herein by this reference. The following exhibits are also attached hereto and incorporated herein by this reference into the Agreement:
☐Scope of Services Exhibit
☐Rates and Costs Exhibit
☐Insurance Exhibit (INS-A)
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Agreement No. A-8511

AGREEMENT FOR PROFESSIONAL SERVICES

THIS AGREEMENT FOR PROFESSIONAL SERVICES (―Agreement‖) is entered into in Ventura County, California, on the date that is written as ―(1) Agreement Start Date‖ on the Cover Page, which is attached hereto and incorporated herein by this reference. This Agreement is entered by and between the City of Oxnard (―City‖) and the person or entity listed as ―(2) Consultant‖ on the Cover Page, subject to the following terms and conditions:

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

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

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

4. Term. This Agreement shall begin on the date that is written as ―(1) Agreement Start Date‖ on the Cover Page and shall end on the date that is written as ―(5) Agreement Ending Date‖ on the Cover Page. Time is of the essence in this Agreement.

5. Compensation. For the Services performed during the term of this Agreement, City shall pay Consultant an amount not to exceed the amount that is listed as ―(6) Total Agreement Amount‖ on the Cover Page, at the rates listed in Rates and Costs Exhibit, attached hereto a nd incorporated herein by this reference. The rates in Rates and Costs Exhibit shall be in effect through the end of this Agreement. Except as otherwise expressly provided in this Agreement, City shall not be responsible for expenses incurred by Consulta nt in performing the Services.

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

7. Acceptance of Payment . Consultant’s acceptance of final payment made pursuant to this Agre ement shall constitute a release of City from all claims and liabilities for compensation to Consultant for anything completed, finished or relating to the Services. City’s payment shall not constitute nor be deemed a release of the responsibility and liab ility of Consultant for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by City for any defect or error in the Services per formed by Consultant and its employees, agents and subcontractors. Consultant shall provide City with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the Ser vices performed by Consultant or materials or products provided to City by Consultant, Consultant shall pay the sales tax. City shall not reimburse Consultant for sales taxes paid by Consultant.

8. Non-Appropriation of Funds . Payments to be made to Consultant by City for the Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted and unencumbered appropriation of City. In the event City does not appropriate sufficient funds for paym ent of the Services beyond the current fiscal year, this Agreement shall cover payment for the Services only up to the conclusion of the last fiscal year in which City appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.
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Agreement No. A-8511