MINUTES
OXNARD CITY COUNCIL
Regular Meeting
February 21, 2023
A. ROLL CALL, POSTING OF AGENDA
At 5:31 p.m., Mayor John C. Zaragoza called to order the regular meeting of the Oxnard City Council (concurrently with the Oxnard Housing Authority), in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California. The City Clerk called the roll and announced the posting of the agenda. Councilmembers Gabriela Basua, Oscar Madrigal, Bert E. Perello, Gabriel (Gabe) Teran. Mayor Pro Tem Bryan A. MacDonald, and Mayor John C. Zaragoza Housing Authority Commissioner Jose Andrade joined the meeting at 6:00 p.m. Commissioner Francisco Vega was absent.
Staff members present in person were Alexander Nguyen, City Manager; Ashley Golden, Assistant City Manager; Shiri Klima, Deputy City Manager; Stephen M. Fischer, City Attorney; Kenneth Rozell, Chief Assistant City Attorney; Jason Benites, Police Chief; Alexander Hamilton, Fire Chief; Michael Wolfe, Public Works Director; Steve Howlett, Assistant Public Works Director; Jeff Pengilley, P.E., Community Development Assistant Director & Building Official; Emilio Ramirez, Housing Director; Albert Ramirez, Assistant Housing Director; Elsa Brown, Affordable Housing Manager; Denise Olson, Interim Chief Financial Officer; Beth Vo, Assistant Chief Financial Officer; Mark Sewell, Assistant Chief Financial Officer; Cesar Perfecto, Controller; Jennifer Yates, Purchasing Manager; Phillip Molina, City Treasurer; Dee Lai, Assistant City Clerk and Rose Chaparro, City Clerk.
Staff members Omar Castro, Water Division Manager; Kevin Thompson, Parks Manager; Marc Amon, Police Commander; and Samantha Shapiro, Project Manager participated via videoconference.
Auditor Eden Casareno, Partner In-Charge of Attest Services with Eadie + Payne LLP also participated via videoconference.
THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council and Oxnard Housing Authority.
B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS (None received.) C. CLOSED SESSION (5:30 PM)
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - (Government Code section 54956.8)
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Property: 411 West Pleasant Valley Road (APN 205-0-320-225) Agency Negotiator: Emilio Ramirez, Housing Director; Ashley Golden, Assistant City Manager
Negotiating Party: Yong Lee; Soo J. Lee; Soo B. Lee
Under Negotiation: Price and terms of payment
Legislative Body: City Council
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - (Government Code section 54956.8)
Property: 451 West Pleasant Valley Road (APN 205-0-320-235) Agency Negotiator: Emilio Ramirez, Housing Director; Ashley Golden, Assistant City Manager
Negotiating Party: Norma Rushing
Under Negotiation: Price and terms of payment
Legislative Body: City Council
At 5:33 p.m., the City Council recessed to a closed session. At 6:01 p.m., the City Council reconvened in open session in the Council Chambers. The City Attorney announced that items C.1 and C.2 were reviewed and 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. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Juan Magana (unsafe traffic conditions and concerns for student safety around school areas, Lang Martinez (LA Times article on the homeless crisis), Gary Davis, Secretary for the Oxnard Performing Arts Center Corporation Board (Oxnard Performing Arts Center & Convention Center recommendation to raze complex and construct a new, mixed-use campus, combining residential and commercial facilities).
F. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
City Manager Nguyen provided community updates. Information was provided about the Utility Bill Assistance Community Workshops Program. Community workshops are being held to assist households with water utility bill assistance. For questions, contact the Community Action Ventura County at (805) 436-4000. The City of Oxnard District 6 Special Election will be held on Tuesday, March 7, 2023. Therefore, the regularly scheduled City Council meeting will be The County of Ventura Department of Airports launches three noise studies for the Oxnard and Camarillo Airports. The first community information meetings for the Part 150 Noise Studies are scheduled for March 20, 2023 (Camarillo Airport) and March 21, 2023 (Oxnard Airport). For information visit: vcairports.org.
Public Works Department
SUBJECT: Reconsideration of Local Emergency Due to Ongoing Drought Conditions.
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RECOMMENDATION: That the City Council adopt Resolution No. 15,664 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 Püblic Resources Code section 21080(b)(4).
Michael Wolfe, Public Works Director presented and answered questions. No public comments were received.
It was moved by Councilmember Perello, seconded by Mayor Pro Tem MacDonald, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion passed 6-0.
G. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY
BUSINESS COMMITTEE REPORTS
Mayor Pro Tem MacDonald that this year, he will serve as the Board of Directors Chair for the Ventura County Transportation Commission (VCTC). He has stepped down as the Chair for the Gold Coast Transit District Board but will continue on the Board of Directors as a board member. He also announced that he has been re-selected as the Board Vice Chair for the Southern California Regional Rail Authority (Amtrak Pacific Surf liner). The agency that provides rail transportation in Southern California for residents of Los Angeles, Orange, Riverside, San Bernardino, San Diego and Ventura Counties. He hopes to be selected the Board Chair next year.
Councilmember Perello thanked the public speakers that participated in the meeting tonight. He attended a few Board meetings for agencies that he serves on, as well as Neighborhood Council meetings. There meetings were very informative. It was good to see the representation from the various neighborhoods, as well as the information provided at these meetings. He attended an 85 year old, a 30 year old, and a 3 year old birthday parties over the weekend. This gave him a perspective of the different stages and expectations of life and how Council's decisions can impact lives. He made an announcement about the upcoming Disabled American Veterans Golf Tournament which is being sponsored by the Ventura Elks Lodge #1430. The second annual tournament is being held on Sunday, May 7 2023, at the Olivas Links Golf Course in Ventura.
Registration deadline is April 30, 2023.
Councilmember Madrigal participated in "Read Across America" for 2"", , and 4h graders at Brekke Elementary School, Kamala Elementary School, and Juan Lagunas Soria Elementary School. He thanked the students and teachers for the work they do. He said that he is expecting a letter from the Kamala Elementary School students regarding their concerns about the Kamala Neighborhood and Kamala Park.
Councilmember Teran also thanked the public speakers in attendance at tonight's meeting. He announced his attendance at the Sierra Linda Neighborhood Council meeting. He also plans to attend the Wagon Wheel, Riverpark and South Bank Neighborhood Council meetings as well.
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He announced that a District 2 Town Hall meeting will be held on March 22, 2023, at Rio Vista School, which will be focusing on the City Manager's presentation on disparity around job opportunities, advancement for career, and education for residents of Oxnard.
Mayor Zaragoza announced that he recently attended the Ventura County Air Pollution Control District meeting to protect public health and agriculture from the adverse effects of air pollution.
He also attended the Ventura Local Agency Formation Committee (LAFCO) meeting. Mayor Zaragoza also attended the Ventura County Family Justice Center meeting with District Attorney Erik Nasarenko, Sheriff Jim Fryhoff, City of Oxnard Police Chief Jason Benites were also in attendance at this two day event for the Family Justice Center in the City of Oxnard. Police Chief Benites serves on the Family Justice Center Oxnard Satellite Committee. The Ventura County Family Justice Center brings services, support and understanding to victims, survivors and their families and is working to improve the provision of services to victims of crime in Ventura County and committed to public safety, the pursuit of truth and justice, and ensures victims are protected. The state has earmarked $1 million to create an Oxnard satellite office of the Ventura County Family Justice Center. The pilot project in Oxnard would also be overseen by the Ventura County District Attorney's Office.
City Manager Department
SUBJECT: Appointment of Members to Serve on the City's CAG's.
RECOMMENDATION: That the Mayor, with the approval of the City Council, make the following appointments:
1. To Senior Services Commission: Clark Owens (D1);
2. To Community Relations Commission: Helaine Stallion (D1) and Tiffany Lopez (at large);
4. To Cals cres Comand Commend Services Commission: Miguel Fernandez
5. To Planning Commission: Steven Nash (D1).
It was moved by Councilmember Perello, seconded by Mayor Zaragoza, to approve the recommender avor, as presented VOTE: Basua, MacDonald, Madrial, Perello, Teran, and Zaragoza voted it H. REVIEW OF INFORMATION/CONSENT AGENDA
Items J-1 through J.6 were discussed among the Council and staff.
I. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA (None received.) J. INFORMATION/CONSENT AGENDA
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City Clerk Department
SUBJECT: Approval of Minutes.
RECOMMENDATION: That the City Council approve the minutes of the January 17, 2023 regular meeting as presented.
2. City Manager Department
SUBJECT: List of City Manager Approved Contracts - Informational Only.
RECOMMENDATION: That the City Council receive and file the list of City Manager approved contracts for the period June 1, 2022 through December 31, 2022.
3. Public Works Department
SUBJECT: Agreement 32300182 with MERITO Foundation, Agreement 32300196 with Reality Improv Connection, Inc. and Agreement 32300195 with KTU&A, Inc. for the Oxnard Beautification and Clean-up Program, Project C2317.
RECOMMENDATION: That the City Council approve and authorize the following for a total of $734,832 in Project funds for the Oxnard Beautification and Clean-up Program:
1. A Professional Services Agreement with the MERITO Foundation in the amount of $219,001 for a term through June 30, 2024 for the Project;
2. A Professional Services Agreement with Reality Improv Connection, Inc. in the amount of $245,948 for a term through June 30, 2024 for the Project; and
3. A Professional Services Agreement with KTU&A, Inc. in the amount of $269,883 for a term through June 30, 2024 for the Project.
(Recommendation 1 is categorically exempt from the California Environmental Quality Act pursuant to Title 14 of the California Code of Regulations Section 15304(b); and Recommendations 2 and 3 are not projects subject to CEQA.) (This item did not originate in Committee as this is a grant-funded project.) Housing Department
SUBJECT: Plaza Vista Apartments Drain Line and Electrical Panel Project.
RECOMMENDATION: That the Board of Commissioners of the Housing Authority of the City of Oxnard approve and authorize execution of the following firm-fixed price contracts:
1. Agreement number A-8512 in the amount of $267,472.92 with Oscalibur Plumbing, Inc. to replace the plumbing drain line at the Plaza Vista public housing site using funds appropriated from the 2019 Capital Fund grant; and
2. Agreement number A-8510 in the amount of $341,857.79 to replace the main electrical anels at the Plaza Vista public housing site using funds appropriated from the 2019 Capita und grant
(The Community Services, Public Safety, Housing & Development Committee approved 3-0.) FEBRUARY 21, 2023 OXNARD CITY COUNCIL PAGE 6
City Manager Department
SUBJECT: Authorize the Programming of Additional Ongoing Funding for Park Maintenance Projects and the Approval of Two New One-Time Projects into Measure O.
RECOMMENDATION: That the City Council authorize the programming of the following additional ongoing funding for park maintenance projects and the approval of two new projects into Measure O:
1. Increase funding for existing Measure O project MO5701 (College Park Maintenance) from $838,524 annual budget by $27,000 to $865,524 annual budget and existing project MO5702 (East Village Park Operating Maintenance) from $91,301 annual budget by $3,000 to $94,301 annual budget;
2. A Seromic valation fort feur Ong Alect vite 00t0 on antime funding: Tier
3. Approve the following new Measure O project with associated one-time funding:
Facilities Assessment - $340,000.
(The Measure O Citizen Oversight Committee reviewed this item on January 26, 2023, and determined that it should proceed to Council.)
City Treasurer
SUBJECT: General Banking Services Agreement.
RECOMMENDATION: That the City Council receive and file the agreement with Bank of America in an estimated amount of $500,000 for an initial term of 3 years with an option to renew for 5 one-year periods.
(Finance and Governance Committee approved 3-0.)
Consent Items No. J.1, J.2, J.5 and J.6:
It was moved by Councilmember Perello, seconded by Mayor Zaragoza, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion passed 6-0.
Consent Items No. J.3:
It was moved by Councilmember Perello, seconded by Mayor Zaragoza, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, and Zaragoza voted in favor; motion passed 5-0-1. Councilmember Teran abstained due to business relationship with previous employer.
Housing Authority Consent Item J.4:
It was moved by Councilmember Perello, seconded by Mayor Zaragoza, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, Zaragoza and Commissioner Andrade voted in favor; motion passed 7-0. Housing Authority Commissioner Vega was absent.
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K. PUBLIC HEARINGS
Housing Department
SUBJECT: Substantial Amendment to the Fiscal Year 2020-2021 and 2022-2023 Annual Action Plans.
RECOMMENDATION: That the City Council:
1. Conduct a public hearing and receive comments related to the Substantial Amendment of the Fiscal Year 2020-2021 and 2022-2023 Annual Action Plans;
2. Approve a Substantial Amendment to the Fiscal Year 2020-2021 and 2022-2023 Annual Action Plans, reallocating Community Development Block Grant, Community Development Block Grant - Coronavirus, and HOME Investment Partnership funding;
3. Authorize the City Manager and his designees, to execute the required applications, certifications, and other pertinent documents for the submission of the Amendments to the United States Department of Housing and Urban Development;
4. Authorize the City Manager and his designees, to execute the appropriate agreements with subgrantees, and to adjust any of the funding activity, not to exceed ten percent, if the programs require more or less funding to meet their objectives; and
5. Authorize the City Manager and his designees, to incorporate any recommended changes resulting from public input to each of the aforementioned plans, as directed by the City Council, including amending any grant revenue and/or expenditure budgets to reflect the reallocations described in the 2022-2023 and 2020-21 mid-year budgets. (This item did not originate in Committee.)
The City Clerk announced the affidavit of publication and stated that no written communications were received.
Emilio Ramirez, Housing Director presented and answered questions.
Mayor Zaragoza opened the public testimony portion of the public hearing. No public comments were received.
Without objection, the Council approved closing the public testimony portion of the public hearing.
Discussion ensued among the Council and staff.
Zaragoza voted in favor; motion passed 6-0.
L. REPORTS
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Finance Department
SUBJECT: FY 21-22 Annual Comprehensive Financial Report and Summary Presentation.
RECOMMENDATION: That the City Council receive the FY 2021-22 Comprehensive Annual Financial Report (CAFR) and summary presentation from the City's external financial auditors, Eadie + Payne, LLP.
(This item is scheduled to be presented to the Finance and Governance Committee on February 14, 2023.)
(Presentation will be live upon consultant's request.)
Financial Officer was also available to answer questions. No public comments were received.
Discussion ensued among the Council and staff. Report was received and filed, no formal action was required.
Public Works Department
SUBJECT: Carryover of Encumbered Funds from Fiscal Year 2021-22 and Amended Budget Appropriations for Public Works for Fiscal Year 2022-23.
RECOMMENDATION: That the City Council approve:
1. The carryover of encumbered funds from Fiscal Year 2021-22 to Fiscal Year 2022-23 from available fund balances in the amounts of: A) $957,184 to the General Fund (101); B) $232,001 to the Wastewater Fund (611): and C) $115,181 to the Environmental Resources Fund (631) due to supply chain delays;
2. Fiscal Year 2022-23 budget appropriations from available fund balances in the amount of $115,811 to the Special Districts Fund (120) for new work and budget appropriation transfer of $7,300 from the General Fund (101) to Special Districts Fund (120) as the General Benefit contribution for applicable Districts; and
3. A Fiscal Year 2022-23 budget un-appropriation in the amount of $5,175,000 from the Water Bond Fund (609).
(The Finance and Governance Committee approved 3-0 and the Public Works and Transportation Committee approved 2-0.)
(This item is not subject to the California Environmental Quality Act.) Michael Wolfe, Public Works Director presented and answered questions. No public comments were received. Discussion ensued among the Council and staff.
It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Perello, to approve the FEBRUARY 21, 2023 OXNARD CITY COUNCIL PAGE 9
recommended action as presented. • VOTE: Basua, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion passed 6-0.
Housing Department
SUBJECT: Authorize the Housing Director to Execute HOME and CDBG Loan Agreements with Peoples' Self-Help Housing for Cypress Place at Garden City Phase I, a 90 Unit Affordable Rental Housing Project.
RECOMMENDATION: That the City Council:
1. Adopt Resolution No. 15,665 authorizing the Housing Director to execute a $1,600,000 HOME Loan Agreement and a $1,500,000 CDBG Loan Agreement, and any and all related documents thereto, with Peoples' Self-Help Housing for the construction of Phase I of Cypress Place at Garden City, a ninety (90) unit affordable rental housing project located at 5536 and 5482 Cypress Road; and
2. Find that approval of the resolution and the acts authorized therein are exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code sections 21159.21 and 21159.23.
(This item did not originate in Committee.)
Emilio Ramirez, Housing Director presented and answered questions. No public comments were • received. Discussion ensued among the Council and staff.
It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Perello, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion passed 6-0.
4. Information Technology Department
SUBJECT: Oxnard 311 - Performance Update Report.
RECOMMENDATION: That the City Council receive a City of Oxnard 311 constituent relationship management performance update for the period of performance year six (May 1, 2021, through April 30, 2022) and the first half of performance year seven (May 1, 2022, through October 31, 2022).
(Community Services, Public Safety, Housing & Development Committee approved 3-0.) Helen Miller, Chief Information Officer and Helen Johnson, Interim IT MGIS Manager presented and answered questions. Jason Benites, Police Chief and Marc Amon, Police Commander also answered questions. No public comments were received. Discussion ensued among the Council and staff.
Report was received and filed, no formal action was required.
5. Finance Department
SUBJECT: Discussion of the State Auditor's 2021 Fiscal Health Ranking of California FEBRUARY 21, 2023 OXNARD CITY COUNCIL PAGE 10
RECOMMENDATION: That the City Council receive the State Auditor's 2021 Fiscal Health Ranking of California Cities.
(This item was presented to the Finance and Governance Committee on January 10, 2023.) Mark Sewell, Assistant Chief Financial Officer presented and answered questions. No public comments were received. Discussion ensued among the Council and staff. Report was received and filed, no formal action was required.
M. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 8:02 p.m.
1. Chaparro
ROSE CHAPARRO
City Clerk